Recap 10/27/1992 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, Ootober 27, 1992
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL
BE HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL
NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE
MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
1. INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
A. Apgroval of consent agenda.
. - .. .::.]: :;::-:.... ?'- .-:
Appro.ved.w/¢h~nges:
5/o-:
Approved and~br ....
Adopted. 5/0
AP~ROVAL OF MINUTES
October 13, 1992 - Regular meeting.
.October 14, 1992 - Special meeting.
Approved.
5/0
PROCI=%MATIONS AND SERVICE AWARDS
A. .Hisako Giustiniani
.Donald L. Masterson
.Clarice M. Strobl
· Eric L. Watson
· Robert Salvaggio
· Jane McDonald
15 years
15 years
15 years
5 years
5 years
5 years
Library
Road and Bridge
Public Serv./Admin.
EMS
Comm. Dev./Proj.Rev. Serv.
Human Resources
Presented
Proclamation designating October 27,
Rotary Group Study Exchange Team Day.
1992 as Bogota, Columbia,
Adopted. 5/0
'"'""~'XkC. Proclamation designating the week of October
ear Week.
October 27, 1992
27th, 1992, as Teddy
Approved. 5/0
~\ D;~ Proclamation designating October
National Red Ribbon Campaign Week.
24 through October 31, 1992 as
Approved. 5/0
$. APPROVAL OF CLERK'S REPORT
BUDGET AMENDMENTS ~/ / ,/
Regarding matters not previously discussed for 1992:8 BA'~ ~-537/538; 540; and
· 543/547, Adopted. 5/0
Regarding matters not previously discussed for 1993 1.... ~A 93-7~Adopted 5/0
Regarding matters previously discussed for 1992:2 BA'S 92-530/& 92-534/
Regarding matters previously discussed for 1993:5
Budget Amendment Resolution No.: 1992-42
Budget Amendment Resolution No.: 1993-2
Adopted.~ 5/0 ~ /
Adopted. 5/0
BAR 92-42 Adopted.~5~/0
BAR 93-2 Adopted.a,-5'/0
B. TABULATION OF CONTRACTS AND DOCUMENTS
C. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001) for FY 91/92
2. General Fund (001) for FY 92/93
3. Community Development Fund (113) for FY 91/92
4. Community Development Fund (113) for FY 92/93
5. Facilities Construction Fund (301) for FY 91/92
6. Facilities Construction Fund (301) for FY 92/93
7. PUBLIC PETITIONS
William G. Crone representing Naples Community Hospital regarding
the impact fee for the proposed Immokalee Hospital. (Continued to
10/27 meeting).
Continued to 11/3/92
5/O
2
October 27, 1992
8. COUNT~ MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT
(1) Petition C-92-4, Susan Pioro of Looney Tunes, Inc., requesting Carnival' Permit
a permit to conduct a carnival from October 30 through November #92-4 Approved.
1, 1992, and from November 6 through November 8, 1992, at the
Florida Sports Park on the east side of S.R. 951.
5/
(2) Report regarding the timing of impact fee payments. (Continued Continued to tl/3/9
from the meeting of October 6, 1992) (Continued to the meeting
of November 3, 1992).
(3) Recommendation to approve resolution to establish final payment Continued to 11/3/9
to the contractor and engineer for construction in Collier
Village in Immokalee. (Continued from 10/20 meeting -
continued to 11/3/92 meeting).
B. TRANSPORTATION
(1) Report on the status of the outstanding bonds for the Staff to put togeth,
Livingston Road MSTBU relative to the progress of environmental team to collapse
permitting and scheduled construction.
bonds if necessary
and report back in
November re permit-
ting status. 5/0
C. PUBLIC SERVICES
D. UTILITIES
AD~(1) Orange Blossom Drive sewage force main facilities acceptance.
(Companion to Item 16(A) (2).
Approved. 5/0
E. ADMINISTRATIVE SERVICES
F. EMERGENCy SERVICES
G. ENVIRONMENTAL SERVICES
H. COUNTY MANAGER
9. COUNTy ATTORNEY'B REPORT
Update/Discussion relating to acquisition of the Marco "South Couse~sus that Count
Beach" parking lot (part of the Pointe Marco PUD). Arty file eminent
domain suit ASAP
3
October 27, 1992
~ B. Action on Court Order in Rockwell Gust, J.R. Properties vs. Board
of County Commissioners, Collier County Circuit Court Case Number
91-3548-CA-01-HDH, Second District Court of Appeal Case Number
92-02508.
Ord. 92-81 Adopted
and Affordable
Housing Density
Bonus Agreement~
Approved 5/0.
10. BOARD OF COUNTy COMMISSIONERS
11. OTHER CONSTITUTIONAL OFFICERS
pUBLIC COMMENT ON GENERAL TOPICS
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
(1) Review and approval of Growth Management 1992 Plan Amendments
for transmittal to the Department of Community Affairs.
Continued to
November 3, 1992
Meeting. 5/0
(2) Recommendation that the Collier County Commissioners approve a
proposed Stipulated Settlement Agreement with the Florida
Department of Community Affairs to resolve the issues contained
in the Notice of Intent to find the Comprehensive Plan
Amendment to amend the Future Land Use Element text for the
Activity Center Subdistrict of the Future Land Use Designation
description section to allow industrial uses within the
Interchange Activity Center directly related to Tollgate
Commercial Center Development of Regional Impact adopted on
December 17, 1991, by Ordinance 91-110 not in compliance
[Docket No. 91D1-NOl-l101-(A)-(N)].
Approved with
changes. 4/0
(Comm. Volpe
abstained)
B. ~Q~ING AMENDMENTS <~
) Petition PUD-92-4, Naples Co ity Hospital, Inc., through its
representative Barbara Cawley o~Wilson, Miller, Barton & Peek,
Inc., representing Naples Community Hospital, Inc., and Golden
Gate Investments Limited, Inc., requesting a rezone from "A"
Rural Agricultural to "PUD" Planned Unit Development for a
October 27, 1992
Ord. 92-82 d~opte
w/changes 5/0.
mixed development to consist of a hospital and/or urgent care
facility and related health care services and offices and
residential uses, both conventional and residential care units
to be known as Golden Gate Health Park for property located on
the west side of C.R. 951 approximately 1,500 feet north of the
1-75 north ramp in Sec. 34, T49S, R26E. (Continued from the
meeting of 10/13/92).
(2) Petition
PUD-86-21(1), Timothy L. Hancock representing Ord. 92-83
Littleton E. Walker, III, requesting a PUD amendment to the Adopted with
existing Cypress Glen PUD by repealing the current PUD document
and replacing it with a new PUD document for the property stipulations.
located on the north side of Pine Ridge Road approximately 3/4 5/0
mile east of Airport-Pulling Road in Sec. 12, T49S, R25E,
consisting of 29.7± acres.
C. OTHER
CONTINUED TO
(1) Petition AV 90-009, Edward Wotitzky as agent for owner, C.R.&D. Continued to 11/10/
Developers of Naples, Inc., requesting vacation of a portion of
the plat of Shadowwood Park as recorded in Plat Book 16, Pages
26-29, as recorded in the Public Records of Collier County,
Florida. (Continued from 10/13/92).
(2) Petition AV 92-018, R. Scott Price as agent for owners, W. S.
Realty, Inc., an Ohio Corporation, and Compass Point South at
Windstar Condominium Association, Inc., a Florida Not-for-
Profit Corporation, requesting vacation of portions of a lake
maintenance easement, as shown on the plat of Windstar as
recorded in Plat Book 14, Pages 11-15, inclusive, of the Public
Records of Collier County, Florida; requesting acceptance of
the grant of appropriate substitute lake maintenance and lake
easements within the plat of Windstar as recorded in Plat Book
14, Pages 11-15, inclusive, of the Public Records of Collier
County, Florida.
A~Iop'ted . 5/0 '
3) Recommendation to adopt resolutions approving amendments to the
Fiscal Year 1991-92 adopted budget.
Petition CCSL-90-9, Patrick H. Neale, Esquire, representing
Sunwind Beach Services of Naples, Inc., and Eagle's Nest
October 27, 1992
BAR 92-37/41 &
BAR 92-43
amending Fiscal
Year 1991-92
adopted budgets
Adopted. 5/0
Condominium Association, Inc., requesting a Coastal Res 92- 583j
Construction Setback Line Variance for the continued use of a
.wooden hut as a concession stand with associated supplies at
410 South Collier Blvd., Marco Island, in Sec. 18, T52S, R26E. stips. 5/0~
(Continued from the meeting of 9/8/92). Staff and County
Attorney directed to review Beach Vendor Ordinance
(5) Petition CCSL-90-10, Cliff Nonnenmacher representing Club
Regency of Marco requesting a variance from the Coastal
Construction Setback Line (CCSL) to allow the continued use of
an existing wooden hut as a concession stand with associated
supplies at 500 South Collier Blvd., Marco Island in Secs. 17
· and 18, T52S, R26E. (Continued from the meeting of 9/8/92).
Res. 92-585 ~/
Adopted with stips
and any proposed
amendments to
Beach Vendor
ordinance. 5/0
(6) Petition CCSL-89-6, Alan Brown representing LaSalle
International requesting a variance from the Coastal
Construction Setback Line (CCSL) to allow the continued use of
an existing wooden hut as a concession stand with associated
supplies at 600 South Collier Blvd., Marco Island in Sec. 18,
T52S, R26E. (Continued from the meeting of 9/8/92).
Res. 92-5~4
Adopted with stips
5/O
Petition CCSL-90-3, Patrick H. Neale, Esquire, representing
Recreational Facilities of America and Marco Beach Hotel, Inc.,
d/b/a Marco Beach Hilton, requesting a variance from the
Coastal Construction Setback Line (CCSL) to allow the continued
use of an existing wooden hut as a concession stand with
associated supplies at 560 South Collier Blvd., Marco Island in
Secs. 17 and 18, T52S, R26E. (Continued from the meeting of
9/8/92 ) .
Res. 92-58i
Adopted with stips
5/O
(8) Petition
CCSL-90-5, Patrick H. Neale, Esquire, representing
Alfred McAlpine Resorts, Inc., d/b/a Charter Club of Marco
Beach, Inc., and Charter Club of Marco Beach Condominium
Association requesting a variance from the Coastal Construction
Setback Line (CCSL) to allow the continued use of an existing
wooden hut as a concession stand with associated supplies at
700 South Collier Blvd., Marco Island in Secs. 17 and 18, T52S,
R26E. (Continued from the meeting of 9/8/92).
Petition ST-92-16, Troy A. Zinser requesting a Special
Treatment Permit to allow the construction of a boat dock on
the north one hundred (100) feet of Government Lot 3, Parcel
23, Keewaydin Island, Sec. 14, T51S, R25E.
October 27, 1992
Res. 92-582~//
Adopted. with stip
5/0
Res. 92-587
Adopted with
stips. 5/0
10) Recommendation to adopt the attached ordinance amending Collier
County Ordinance No. 91-93 regulating public vehicles for hire
by amending the effective dates of certificates to operate and
vehicle permits from November 1 through October 31 to February
1 through January 31 and extending current certificates to
operate and vehicle permits due to expire on October 31, 1992
to January 31, 1993.
Ord. 92-84~"~
Adopted. 5/0
An Ordinance amending Collier County Ordinance No. 92-45
relating to the Key Marco Community Development District by
amending Section Five pertaining to statutory provisions
governing the District by consenting to the exercise of special
powers relating to parks and recreation, mosquito control and
security; providing for conflict and severability; and by
providing an effective date.
Ord. 92-85 /
Adopted with
change. 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-92-21, George L. Varnadoe representing Williams
Capri Marine, Inc., requesting a 10 foot variance from the
required side setback of 15 feet to 5 feet, a 10 foot variance
from the required front setback of 25 feet to 15 feet and a 15
foot variance from the required rear setback of 25 feet for
wa%erfront properties to 10 feet for property located at 250
Capri Boulevard, Isles of Capri, Florida.
Res. 92-588
Adopted. 5/0
(2) Petition FDPO-92-4, Kimberly D. Moore of Platinum Coast
Financial Corp., representing Laurel Smith, requesting approval
/ of a 1 foot variance from the minimum base flood elevation of
~/ 11 feet NGVD to 10 feet NGVD for property described as 748
//~08th Avenue (Lots 38 and 39, Block 13, Naples Park, Unit 1).
Res. 92-589
Adopted. 5/0
B. CONDITIONAL USE
CONTINUED TO
11/10 MEETING
(1) Petition CU-92-10, Donald A. Pickworth of Asbell, Hains, Doyle Continued to 11/10/
and Pickworth, P.A., representing Island Marina, Inc.,
requesting Conditional Use "2" of the RT Zoning District for
expanding the boundary into the waterway for the existing
Island Marina located on the west side of Vanderbilt Drive ~
7
October 27, 1992
mile south of Wiggins Pass Road in Sec. 17, T48S, R25E.
(Continued from the meeting of 10/13/92).
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
no
Discussion re adjustment of salaries for Property Appraisers's
office, Tax Collector's Office and Sheriff's Department.
15. STAFF' S COMMUNICATIONS
A. Sue Filson directed to advertise vacancies for various Boards.
B. Friends of the Baseball group to pay for cost of printing
Tourist Tax Brochure ....
16.
CONSENT AGENDA
All matters listed under this item are considered to be routine and
action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that
item(s) will be removed from the Consent Agenda and considered
separately.
Approved and/or
Adopted. 5/0:
COMMUNITY DEVELOPMENT
(1) Recommendation to accept the security for Excavation Permit
No. 59.458 "Immokalee Health Clinic" located in Sec. 28, T46S,
R29E.
(2) Recommendation to grant preliminary acceptance of the roadway,
drainage, water and sewer improvements for the final plat of
"Wilshire Lakes, Phase One".
Res. 92-565 w/stips
Water and sewer facilities acceptance for Wilshire Lakes,
Phase One.
w/stipulations
4) Recommendation to approve Lien Resolutions for the following:
(a) Compliance Services Case No. 20817-002. Owner of record -
Halcyon Holdings, Inc.
Res. 92-566
8
October 27, 1992
This item deleted.
Compliance Services Case No. 20720-042.
C.A.B. Design and Development, Inc.
d) Compliance Services Case No. 20716-001.
Terry L. Chiles and Janice R. Chiles.
Deleted
Owner of record - Res. 92-567
Owner of record - Res. 92-568/
~/~e) Compliance Services Case No. 20730-052.
Jack Eleini and Jennifer Eleini.
Owner of record -
Res. 92-569
~f) Compliance Services Case No. 20630-006.· Owner o~-record -
Kenneth W. Finke and Margaret R. Finke.
Res. 92-570/
(g) Compliance Services Case No. 20720-027. Owner of record -
Patricia Lutheroth de Martinez c/o Salvador Lutteroth.
Res. 92-571
(h) Compliance Services Case No. 20729-033.
Julio M. Garcia and Angela Garcia.
Owner of record -
Res. 92-572
i) Compliance Services Case No. 20729-068. Owner of record -
Maria Luisa Lutteroth c/o Salvador Lutteroth.
j) Compliance Services Case No. 20729-046. Owner of record -
Florence O'Connor and Gordon Sherwood.
Res. 92-573
Res. 92-574
(k) Compliance Services Case No. 20723-019.
John Phelps.
'~1) Compliance Services Case No. 20714-010.
Sanford Pressman and Bluma F. Pressman.
Owner of record -
Owner of record -
Res 92-575~'/
Res. 92-576
~(m) Compliance Services
Willma L. Ross.
Case No. 20730-073.
Owner of record -
Res. 92-577~/
9
October 27, 1992
~(n) Compliance Services Case No. 20629-054. Owner of record - Res 92-578
Kate Snyder.
(o) Compliance Services Case No. 20727-038. Owner of record - Res. 92-579
C. W. White and Jewel N. White.
~(5) Recommendation to approve for recording the final plat of Res. 92-580/
"Markers ' Landing".
B. TR3%NSPORTATION
(1) Recommendation to approve and execute an Assignment-of Lease
Agreement for that certain Lease Agreement dated April 16,
1991, between Collier County, a political subdivision of the
State of Florida and Ralph D. Crapse.
~ (2) This item has been deleted. Deleted
'~(3) Recommendation to approve the purchase of limerock, fill, and Awarded to Florida
related items per Bid #92-1936-R. Rock Industries,
Southern Sand and
Stone, INc. , APAC-
Florida, Inc. and
CONTINUED TO Harmon Brothers Roc
11/3 GEETING
(4) Recommendation to approve redesign of the Courthouse entrance Company
at Airport-Pulling Road so as to prohibit westbound left-turn Continued to 11/3/9
movements exiting the Courthouse Complex.
C. PUBLIC SERVICES
(1) Recommendation to award Bid #92-1957 for contracted grounds Awarded to Cash
maintenance services at various Collier County Library, Lawn Care, Inc. ,
Agricultural and Development Services sites. the amount of $35,71
WITHDRAWN:
(2) Recommend that the Board of County Commissioners waive the Withdrawn
bidding requirements for the operation of the Barefoot Beach
Preserve concession operation and authorize the Friends of
Barefoot Beach Preserve, Inc. to operate the facility.
.~(3) Recommendation that the Board of County Commissioners award Awarded to Newman
RFP #92-1922 for the purchase and installation of a Enterprises in the
· computerized image database archive system for the Collier amount of $14,950
. County Museum.
D. UTILITIES
1) Approval
of Finalization of the Construction Contract with
10
October 27, 1992
In the amount of
$114,579
Mitchell & Stark Construction Co., Inc. for the Odor Control
Covers at the South County Regional Wastewater Treatment Plant
and Authorization for the Utilities Administrator to Execute
said Final Payment.
CONTINUED TO
11/3 MEETING
(2) Approval of Change Order No. 3 (Final) to the Construction
Contract with Cardinal Contractors, Inc. for the Carica Tank
Improvement Project and Authorizing the Utilities
Administrator to Execute said Change Order.
3) Approval of Change Order No. 1 to the East Golden Gate
Wellfield Expansion Supply Contract No. 3.
4) Recommendation for Approval of the Stipulated Final Judgment
relative to Easement Acquisition of Parcel Numbers 1.24 and
1.25 in the East and South Naples Sanitary Sewer Project.
Continued to 11/3/9
In the amount of
$19,468
(5) Approval of Change Order No. 1 (Final) to the construction
contract with Guymann Construction Co., Inc. for the Gulfshore
Drive/6th Street Water Transmission Facilities Contract, and
authorizing the Utilities Administrator to execute said Change
Order.
In the amount of
$25,318.30
(6) Approval of Change Order No. 4 (Final) to the construction
contract with T.A. Forsberg Co., Inc. for the Pine Ridge Road,
Phase IV, Water Main Project and authorization for the
Utilities Administrator to execute said Change Order.
In the amount of
$9,604.80
E. ADMINISTRATIVE SERVICES
1) To obtain Board approval for the Faithful Performance Bond of j
Commissioner John C. Norris.
WITHDRAWN:
) Recommendation to add two appraisers to the list of Withdrawn
pre-qualified appraisers approved by the Board of County
Commissioners to provide real estate appraisal services to
Collier County, Florida.
F. EMERGENCY SERVICES
~ (1) This item has been deleted.
(2) Request Board approval to waive the formal bid process and to
purchase one Propaq 106 from Protocol Systems, Inc.
11
Deleted
In the amount of
$8,859
October 27, 1992
G. ENVIRONMENTAL SERVICES
To approve the Recycling & Education and Waste Tire Quarterly
~~1) Grant Reports.
I~n the amount of
(2) Recommendation to purchase property located in Section 25,
Township 49 South, Range 26 East for expansion of the Naples $10,250 plus closin
Landfill.
costs not to exceed
$200
I /n
Recommendation to approve an easement agreement and accept an the amount of
easement for drainage facilities to connect the Co~hatchee $500
and Curry canals.
Recommendation to approve amendment to the cooperative
agreement between the South Florida Water Management District
on behalf of the Big Cypress Basin and Collier County.
H. COUNTY MANAGER
) Recommendation that the Board of County Commissioners approve
and accept a Grant of Easement to provide access to the water
distribution and wastewater collection system within Pelican
Bay.
Recommendation that the Board approve the attached interlocal
agreement between the Key Marco Community Development District
and the Board of County Commissioners, Ex-officio the
Governing Board of the Collier County Water-Sewer District.
3) Recommend that the Board award Bid #92-1968 for parking lot Awarded to Beaumont
lighting to the apparent low bidder. Electric in the
amount of $86,950
I. BOARD OF COUNTY COMMISSIONERS
(MISCELLANEOUS CORRESPONDENCE
1) Extra Gain Time: NEED MOTION authorizing Extra Gain Time for
Inmate No. 7-~-4~, 64416, 72517, 64495. RECOMMEND APPROVAL.
K. OTHER CONSTITUTIONAL OFFICERS
12
October 27, 1992
I. BOARD OF COUNTY COMMISSIONERS
J. MISCELLANEOUS CORRESPONDENCE
(1) Extra Gain Time: NEED MOTION authorizing Extra Gain Time for
Inmate No. 78248, 64416, 72517, 64495. RECOMMEND APPROVAL.
K. QTH~R CONSTITUTIONAL OFFICERS
L. COUNTY ATTORNEy
~7. &DJOURN
13
October 27, 1992