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Recap 02/26/1991 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 26, 1991 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" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. 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. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA A. Approval of consent agenda. B. Approval of Clerk's Report. Approved. 5/0 Approved and/or Adopted 5/0 Approved. 5/0 4. ~PPROV~L OF MINUTES December 18, 1990 regular meeting. December 27, 1990 special meeting. January 7, 1991 special meeting. Approved. 5/0 pROCLAMATIONS AND SERVICE AWARDS A. Proclamation designating the month of March Conservancy Adopted. Month. 510 6. ADVERTISED PUBLIC ~EARINGS - BCC A. ~MPREHENSIVE. PLAN AMENDMENTS B. ZONING AMENDMENTS ~/(1) Petition R-90-30, James ~/~ Engineering Consultants, Febr~/ary 26, 1991 A. Davis Inc., of Coastal ORD 91-20 Adopted, representing subject to st~ff stiDs 5/O Tempustech, Inc., requesting a rezone from A-2ST to RSF-5 for residential single family for property located on the south side of Bonita Beach Road (CR 865) approximately 1 1/2 miles west of Vanderbilt ~Dri~e (CR 901) on the east side of Lely Barefoot ~Beach PUD and on the west side of Little Hickory Bay ~D in Sec. 6, T48S, R25E, consisting of 1.73 acres. (Companion to Agenda Item 6C.~) (Continued from the meeting of 2/12/91). (2) Petition R-90-20, Gary S. Derck of Edward D. Stone, ORD 91-21 Adopted, Jr., and Associates, representing Collier Development subject to added & Corporation, requesting a fezone from A-2 and A-2 amended stipulations. "ST" and PUD to PUD Planned Unit Development District 5/0 to be known as Collier Tract 22 for property located east of U.S. 41 North and north of Immokalee Road (CR 846) in Sec. 22, T48S, R25E, consisting of 506± acres. (Companion to Agenda Item 6.C(3). C. OTHER Petition SMP-90-37, Frederick T. Barber and/or Dominic J. Amico of Agnoli, Barber & Brundage, Inc., representing Collier Development Corporation, requesting Subdivision Master Plan approval for Collier Tract 22, located on the northeast corner of Immokalee Road (CR 846) and Tamiami Trail North (US 41) in Sec. 22, T48S, R25E, consisting of 506± acres. RES 91-208 Adopted, subject to added & amended stipulations. 5/O CONTINUED (2) Petition PDA-89-16, Barbara Henderson Cawley of Continued to 3/5/9]_ Wilson, Miller, Barton and Peek, Inc., representing Amnon Golan, Trustee for Orangetree Associates, requesting amendments to the Orangetree PUD located on the east side of CR 846, Immokalee Road and north and south of Oil Well Road in Secs. 11, 12, 13, 14, 22, 23, 24, 25, 26 and 27, T48S, R27E. (Continued from the meeting of 2/12/91) (3) Petition DRI-90-1, Clifford B. Barksdale of Collier Development Corporation requesting development approval of "Collier Tract 22" a mixed use development of Regional Impact containing residential, commercial and golf course components for property located on the northeast corner of Tamiami Trail North (US 41) and Immokalee Road (CR 846) in Sec. 22, T48S, R25E, consisting of 506± acres. (Companion to Agenda Item 6B.(2) (Continued 2 February 26, 1991 RES 91-207 & DO 9]_-3 Adopted, subject to added & amended stips. 5/0 from 1/8/91 meeting). (4) Petition SMP-90-36, James A. Davis of Coastal ~ES 91-206 Adopted, Engineering Consultants, Inc., representing subject to staff stips. Tempustech, Inc., requesting Subdivision Master Plan 5/0 Approval for Spoonbill Cove, a 6 lot single-family ~esidential development,~ for the property located on / the south side of Bonita Beach Road (CR 865) / approximately 1 1/2 miles west of Vanderbilt Drive / (CR 901) on the east side of Lely Barefoot Beach PUD ~nd on the west side of Little Hickory Bay PUD in Sec. 6, T48S, R25E, consisting of 1.73 acres. (Companion to Agenda Item 6B.(1) (Continued from the meeting of 2/12/91) (5) Petition SMP-90-23, Harold T. Benoit representing Continued to 3/12/91 Cynwd Investments, requesting a Subdivision Master Plan approval for K-Mart Center, a Subdivision Master ~o Plan to be located on the north side of Golden Gate Parkway, approximately .8 miles east of Santa Barbara Boulevard in Sec. 28, T49S, R26E, consisting of 29.63 acres. (Continued to 3/12/91 meeting). (6) Petition AW-90-3, Frances C. Tifft representing J. T.'s Store, Inc., requesting a 218 foot waiver from the minimum required separation of 500 feet between places serving alcoholic beverages and the Church of God with a resulting 282 foot separation distance. (Continued to the meeting of 3/12/91) Continued to 3/12/91 (7) Petition SMP-90-39, Dwight Nadeau of William C. McAnly & Associates, P.A., representing John N. Brugger, Trustee, requesting Subdivision Master Plan Approval for Wilshire Lakes located on the north side of Vanderbilt Beach Road (CR 901) and on the west side of 1-75 right of way in Sec. 31, T48S, R26E, consisting of 214 acres. (Continued to the meeting of 3/26/91). Continued to 3/26/91 (8) Approval of an Ordinance creating the Environmental Policy Technical Advisory Board. (Continued to 3/12/91 meeting). 3 February 26, 1991 Continued to 3/12/91 (9) Recommendation to adopt a comprehensive speed limit Continued to 3/12/91 ordinance for County-maintained roadways. (Continued to 3/12/91 meeting). (10) A Public Hearing to consider adoption of a resolution pertaining to the Pine Ridge Industrial Park Area Improvement Assessment District and updating the tentative Apportionment Roll Of assessable improvements therein. (Continued to 3/12/91 meeting). Continued to 3/12/91 7. DOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition A-90-8, Kathleen C. Pass~domo, representing Vari-Care, Inc., requesting an administrative appeal of the Planning/Zoning Director's decision to deny the SDP revision for Vari-Care~ which would allow re-location of the entrance driveway for Vari-Care (SDP-89-87A). (Continued from the meeting of 2/5/91) (Continued to the meeting of 3/12/91) Continued to 3/12/91 CONTINUED TO 3/12/91 MEETING  (2) Petition A-91-1, James H. Siesky. representing Hubschman Associates, owners of Falling Waters PUD, requesting an administrative appeal of the Planning/Zoning Director's decision that their proposed public restaurant is not a permitted use. (Continued from the meeting of 2/12/91) Continued to 3/12/91 (3) Petition V-90-18, David G. Gary requesting a 7.5 foot variance from the required side yard setback of 15 feet to 7.5 feet for property located at 818 93rd Avenue North, Lots 35 and 36, Block 53, Naples Park Unit 4. (Continued to 3/12/91 meeting). Continued to 3/12/91 4 February 26, 1991 (4) Petition FDPO-90-3, Gary Weeks requesting a variance from the minimum base flood elevation as required by Flood Damage Prevention Ordinance (FDPO) Number 87-80 on property described as 239 Harbor Place (Lot 10, Block 6, Goodland Heights Subdivision, Goodland, Florida) (Continued from the meeting of 1/22/91) Denied, but allowinc 12 months for Detitione to arrange other living acco~unodations 5/0 (5) Petition FDPO-90-4, Marty V. Ellington requesting a variance from the minimum base flood elevation as required by Flood Damage Prevention Ordinance (FDPO) Number 87-80 on property described as 629 Palm Avenue, Lot 18, Block C, Goodland Isles. (Continued from the meeting of 1/22/91) Denied, but allowing 12 months for petitine] to arrange other livin¢ accommodations 5/0 END OF ADV~-RTISED PUBLIC HE~RING8 B. ~ROVISIONAL USE ('~) Petition PU-90-32, Mario LaMendola representing M.  D. Johnstin Corporation, requesting Provisional use "e" of the "I" Industrial Zoning District for a qhildcare center for property located on South H~rseshoe Court off South ~ Horseshoe Drive  ap~oximately 1/2 mile west of Airport-Pulling Road (CR~i), further described as Lot 7, East Naples Industrial Park (Collier Park of Commerce), Replat No. 1 in Sec. 35, T49S, R25E, consisting of 1.04 acres. RES 91-209 Adopted, subject to staff stips 5/0 CONTINUED TO 3/12/91 MEETING (2) Petition PU-90-30, Robert L. Duane of Hole, Montes & Associates, Inc., representing Florida Rock Industries, requesting a Provisional Use "o" of the A-2 Zoning District for a portable asphaltic concrete batch plat for the property located on the northeast corner of CR 951 and Immokalee Road (CR 846) in Sec. 23, T48S, R26E, consisting of 80 acres. Continued to 3/].2/91 (3) PJ~tition PU-90-27, James A. Davis of Coastal /~ngineering Consultants, representing Hospice of / Naples, Inc., requesting provisional use "f" of the RMF-6 zoning district for a hospice for property located on Whippoorwill Lane, approximately 1200 feet south of Pine Ridge Road (CR 896) in Sec. 18, T49S, R26E, consisting of 5.82 acres. (Continued from the meeting of 2/12/91) February 26, 1991 Res. %91-210 AdoDted subject to Petitioner Agreement Sheet. 5/0 8. PUBLIC ~ETITIONS A. Joseph J. Baronzzi regarding Tigertail Beach Staff'to expedite permitting process; ~nvestigate necessity of DER permit; clean beach as much as possible; replant mangrove seed. lings if mandated by DER or DNR; and County ~.~.anager to look into activities of the Environmental Division and report back any problems. 5/0 Direction to Chairman · Dr. Jane Kern concerning the traffic situation at the prepare lette,k to FDOT Seacrest Country Day School. re median cut'~.5 deceler~ tion lanes, sl~nage, flashing light.t 5/0 Robert E. Davenport regarding adequate public facilities. Continued to 3/12/91 and Staff d±rected. to work out compromise.~ 5/0 Co ADD: F. W. C. Mitchell regarding public nuisan6e - Quality Inn. Marsha A. Gibbs representing Michelbob's - signage. (Continued from 1/22/91 meeting). Comm. Hasse to monitor the situation and work with President of Golde Gate Civic Assoc. to arrive .at solution. (Consensus). " Determination that antique decorative piec are not to be construed as a sign to advertise Michelbob's or any othe commodity. 5/0. Request by Taylor Rental Company - balloon display. No Action. 9. COUNTY MANAGER'S REPORT A. .~OMMUNITY DEVELOPMENT ~ Petition C-91-2, Collier County Agricultural Fair and Exposition, Inc., requesting a permit to conduct a circus on March 1, 1991, on the community use site within Orangetree PUD located on the east side of CR 846 in Sec. 14, T48S, R27E. Carnival Permit 91-2, approve~ subject to waivers for the Surety Bond & Occupational License Fee. 5/0 6 February 26, 1991 B. TRANSPORTATION Staff to proceed with preparation of plans, (1) Recommendation for Board approval of alternatives for specs and bidding and the limerock road improvement priority listing in the concurrently prepare Golden Gate Estates, approval of an improvement info. re ~4STU and come implementation plan, and direction in development of an MSTU to address future funding needs. back to the BCC. 5/0 C. PUBLIC SERVICES (1) Lely Barefoot Beach Preserve (Continued to March 5, 1991 meeting). parking fees. Continued to 3/5/91 D. UTILITIES E. ~QMINISTRATIVE SERVICES DELETE: ~) Recommendation to award Bid #90-1673 for the purchase ,__~ (' of office furnishings. Deleted MOVED FROM 16(E) (4) Staff Recommendation (2) Recommendation to approve a taxicab color scheme change to the Certificate of Public Convenience and Approved 5/0  Necessity held by Jean and Marie Gilot D/B/A Gilot Taxi Company. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. COUNTY MANAGER Continued to 3/12/91 (1) Recommendation to award a contract for Bid No. 90-1553, construction of watermains, sanitary sewers, 5/0. road and drainage improvements in the Pine Ridge Industrial Park Area Improvement Assessment District. (2) Recommendation that the Board of Collier County Commissioners authorize the Chairman to execute the attached Agreement between Icard, Merrill, Cullis, 7 February 26, 1991 Timm, Furren & Ginsburg, P.A. and Collier County for an analysis of alternatives for, and preparation of, affordable housing linkage fee and fair share regulations for Collier County. / 10. COUNty ATTORNEY'S REPORT ~An Emergency Ordinance Amending Collier County ordinance No. 90-111 by increasing the members to 15 for the Pelican Bay Municipal Service Taxing and Benefit Unit Advisory Committee To come back on 3/19/9] County Atty. to determj whether any or all fun- ctions can be handled inhouse; County Atty. t contact City M. grs. at St. Pete and. Orlando f¢ input. 5/0 Emergency ~eclared, waiving notice require- ments. 5/0 Ord. 91-22 Adopted 5/0. Members to be selected from the list submitre( by the Adv. Committe ai resumes received. 5/0 11. CLERK TO THE BOARD'S REPORT A. Budget Amendments (1) Regarding matters not previously discussed: NONE (2) Regarding matters previously discussed: NONE (3) Budget Amendment Resolution No. NONE B. Tabulation of Contracts and Documents :(as of noon previous Tuesday). C. Analysis of Changes to Reserves for Contingencies (1) General Fund (001) (2) Facilities Construction Fund (301) (3) Community Development Fund (113) 12. BOARD OF CQUNTY COMMISSIONERS Reconsideration of Collier County Emergency Services' request for a mobile command vehicle. (Commissioner Shanahan). To be reconsidered on 3/19/91. 5/0 ADD: B. Recommendation to approve for recording, the final plat of "Riverwood East, Unit 4, Phase III" and grant preliminary acceptance of the roadway, drainage, water and sewer improvements. Continued. to 3/5/_nl. 5/O 8 February 26, 1991 ADD: C. Water and sewer facilities acceptance for Riverwood East, Con%inued to 3/5/91. Unit 4, Phase III. 5/0 ADD: D. Immokalee Neighborhood Services requesing waiver of Tipping Fees Waived~  tipping fees for food distribution in Immokalee Budget Amendment to 'approximately two tons. reimburse Solid Waste Fund. 5/0 13. OTHER CONSTITUTIONAL OFFICERS A. Amendment to Confiscated Trust Fund (602) to fund fsalaries and related fringes for two Youth Relations Deputies for the remainder of FY 90/91. B. Amendment to recognize FY 89/90 carry forward to the Confiscated Trust Fund (602). C. Approval for purchase of specialized protective wear for the Sheriff's Office. Budget Amendment in the amt. of $29,200 Approved 5/0. Budget Amendment in the amt. of $324,116 Approve~ 5/0. Budget Amendment in the amt. of $21,200 Approved 5/0. D. Approval of purchase of night vision equipment. Budget Amendment in the amt. of $24,100 Approved 5/0. DD:E. Request that the Board of County Commissioners hear a Presente~. presentation by Sheriff Don Hunter on Sheriff's Office operations. 14. BOARD OF COUNTy COMMISSIONERS' COMMUNICATIONS 9 February 26, 1991 Discussion re water/ sewer acceptance bein admin. approved; Discussion re mtgs. ~ Hispanic and Black le ers; Update on Balt. Orio] Discussion re fundinc for roads. 15. STAFF COMMUNICATIONS ADD: A. Discussion of public hearing items scheduled for the March 12, 1991 meeting. (County Manager). No action. 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. A. COM/~UNIT¥ DEVEb0P~ENT (1) This item has been deleted. Approved and/~r adopte~ 5/0 Deleted (2)~commendation for the Board of County Commissioners to authorize the Chairman to enter into a contract between the Board of County Commissioners of Collier County, Florida, and the National Development Council to further economic development and housing programs in Collier County. CORRECTION: HEARING DATE CHANGED TO 4/9/91 (3) Community Development Division requesting the Board of County Commissioners to set a public hearing date for Petition DOA-91-1, an amendment to the "Berkshire Lakes" Development Order to determine if it is a substantial deviation to the "Berkshire Lakes" Development Order. (4) Recommendation to approve lien Resolutions for the following: Public Hearinc date se for April 9, 1991 Compliance Services Case No. 90-08-08366. Owners of record - Luis A. Bernal and Cristina L. Bernal. / /Compliance Services Case No. 90-08-08539. Owner 10 February 26, 1991 RES 91-189 91-190 of record - George D. Born. c) Compliance Services Case No. 90-08-08399. Owners of record - Jim Brancato and Rose Brancato, and Anthony Sturion and Vera Sturion. RES 91-191 ) Compliance Services Case No. 90-10-10549. Owners tlES 91-192 of record - Celeste Carlesimo and Meri Carlesimo. (e) Compliance Services Case No. 90-08-08007. //~ of record - David A. Eldridge. ) Compliance Services Case No. 90-08-08243. of record - Jules Laberge "Limitee". //(g) Compliance Services Case No. 90-09-09206. of record - Jose Vicente Herrera. ~ (h) Compliance Services Case No. 90-10-10354. of record - J. W. J. Investments, Inc. Owner RES 91-193 owner RE S 91-194 Owner ?~S 91-195 Owner P~ES 91-196  (i) compliance Services case No. 90-08-08484. Owner ~/ of record - Patricia Lutheroth de Martinez. RES 91-197 j) Compliance Services Case No. 90-08-08483. Owner of record - Maria Luisa Lutteroth. 91-198 ,/(k) Compliance Services Case No. 90-08-06810. of record - Axel Meier. ~1) Compliance Services Case No. 90-08-07730. of record - Enriq~e Montesino and Montesino. mpliance Services Case No. 11 90-08-08493. February 26, 1991 Owner Owners Ine H. Owners RES 91-199 RES 91-200 RES 91-201 of record - Harry Skaperdas and George Skaperdas. Compliance Services Case No. 90-08-08264. Owners of record - Roy G. Wild and Janet L. Wild; Maurice Dale smith as Ancillary Trustee of that trust being known as the Carol Smith Bush Trust. p~s 91-202 (5) l~ecommendation to approve the final plat of "A /Subdivision of Tract E, Audubon Country Club, Unit / One as recorded in Plat Book 15, pages 30 through 35, ~ ~ollier County, Florida". Recommendation to approve the final plat of "Quail Creek Plaza, Phase 2". B. TRANSPORTATION ~Recommendation to approve and execute/ a Limited Use ~ . / License Agreement between Collier County, a political x~// subdivision of the State of Florida, and the ;~>< Southland Corporation, a Texas corp~tion, approving ~ the use of County-owned property~for the purpose of installing monitoring wells. W/stips. W/stiDs. (2) Recommendation to approve and execute a Limited Use ~icense Agreement between Collier County, a political /s~bdivision of the State of Florida, and the South / F~orida Sports Car Association, Incorporated, a / Florida corporation, which provides for the user of a portion of the Immokalee Airport on March 2, 1991 and March 3, 1991, for an Auto Cross and Low Speed Rally Race. Recommendation to approve and execute a Limited Use License Agreement between Collier County, a political subdivision of the State of Florida, and the Immokalee Chamber of Commerce which provides for the use of County-owned property to hold the 1991 Harvest Festival/Carnival. ~) ~cOmmendation to execute an Easement Agreement and /accept conveyance for right-of-way acquisition / necessary to the design of C.I.E. Project No. 022 (Extension of Santa Barbara Boulevard). 12 Febrnaary 26, 1991 (5) Recommendation for approval to re-bid the section of annual contractual ~ervices for Thermoplastic Roadway Markings Bid No. 90-1588. c.~ic SERWCES / (1) Recommendation to approve and execute the Resolution ~ and Grant of Access Easement between the Board of ~/~ County Commissioners of Collier County, Florida, and ~ the South Florida Water Management District. RES 91-203 D. UTILITIES ~ (1) This item has been deleted. Deleted  (2) Approval of Change Order No. 3 to the Construction Contract with Guymann Construction Company In the amount of $28,400.O0 E. ADMINISTRATIVE SERVICES (1) Recommendation to award Bid #91-1584 to Hawkeye Signs and authorize the Chairman to execute a contract to provide signage for the fifth and sixth floors of the new Collier County Courthouse. I_/ (2~'Recommendation to approve and execute an Amendment to ~ /Lease Agreement between Commerce Centers at Naples, ~/and Collier County, a political subdivision of the · / State of Florida for the Sheriff's Office continued I/ use of office space at the Commerce Centers at Naples ~on a month to month basis. (3) Recommendation that the Board of County Commissioners approve a short-list of qualified environmental consultants pursuant to Bid #90-1642 for purposes of environmental audits and property assessments. ,MOVED TO ) (4) Recommendation to approve a taxicab color scheme change to the Certificate of Public Convenience and Necessity held by Jean and Marie Gilot D/B/A Gilot Taxi Company. Awarded Bid 90-1642 to PSI-Jar0maal & Assoc., I Westinghouse Environme al & Geotechnical Ser~ Inc; Jones Edmunds & Assoc., Inc; an~ Missi and Assoc., Inc. for ~ period not to exceed 2 Moved 13 February 26, 1991 Recommendation to e~tablish a new pay title. RES 91_~20.4 .......................... F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES DELETE: (1) Recommendation that the Board of County Commissioners approve Certificates of Correction to the Mandatory Solid Waste Collection Special Assessments Roll. Deleted (2) Recommendation that the Board of County Commissioners authorize staff to issue a P.O. to GSX Chemical Services, for $11,521.00 for the additional cost of the November, 1990 collection. Recommendation that the Board of County Commissioners award Bid #91-1690 Lined Cell Project - Naples Landfill, to Ground Improvement Techniques, Inc., and authorize Chairman to sign a formal agreement on behalf of the County. In the amount of $641,634.80 H. COUNTY MANAGER I. BOARD OF COUNTY COMMISSIONESS  A. Appointment of member to the Advisory Board. Water Management .RES 91-205 J. MISCELLANEOUS CORRESPONDENCE A. Certificate for correctig~: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's office. RECOMMEND APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY I ~ l~/Approval of a correction to the Project Maintenance ~ // Agreement between the State of Florida Department of g ~ / Transportation and Collier County for Federal ,~, / / participation in the replacement of a bridge on CR 92 ~/ (San Marco Road) 14 February 26, 1991