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Recap 05/28/1991 RNOTICE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 28, 1991 9300 a.m. ALL PERSONS WISHING TO SPEAK ON ANY REGISTER PRIOR TO SPEAKING. AGENDA ITEM MUST 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 ALLEGIANC~ 3. APPROVAL OF AGENDA AND CONSENT AGENDA  A. Approval of consent agenda. .~ ~ B. Approval of Clerk's Report. 4. APPROVAL OF MINUTES  April 9, 1991 - regular meeting. Approved w/changes. Approved and/or adopt. 5/0 Approved. 5/0 Approved. 5/0 PROCLAMATIONS AND SERVICE AWARDS A. $erv$ce Awards Byron "Skip" Camp - Facilities Management - 10 years Presented. Be roc a~___~ 1. The Year of Cultural Encounters. Nancy Olson and Tina Osceola. To be accepted by 2. National Safe Boating Week. To be accepted by Captain Alan Marsden, Florida Marine Patrol. Adopted. 5/0 Adopted. 5/0 1 May 28, 1991 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1)~ Petition R-90-37, George L. Varnadoe, Young, Van Ord. 991-42 adopted a~ / Assenderp, Varnadoe & Benton, P.A., representing amended and with con- Point Marco Development Corporation (Jack Antaramian, dition.~ 4/1 (Cmsr Vo~ President) requesting a rezone from RT to PUD and to · amend the PUD currently referenced as Point Marco, opposed.) PUD Ordinance No. 81-25, as amended by Ordinance No.'s 81-98 and 90-42 providing for 734 dwelling ~ units and related club uses in Parcel I and a parking facility on Parcel II for pr6perty located on both sides of Collier Boulevard at the southern tip of Marco Island in Secs. 19 and 20, T52S, R26E, consisting of 33.04 acres. (Continued from the meeting of 5/21/91). Petition PDA-89-16, Barbara Henderson Cawley of 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. Ord. 991-43 adopted subject to Agreement Sheet. 5/0 (3) Petition R-90-34 (reconsideration), Linda Lawson representing Andi Pearson and Carol Irving, requesting a rezone from the C-6 Commercial Infill District to the C-3, Commercial Intermediate District for property located on Marco Island on the east side of South Collier Boulevard, approximately 400 feet south of Spruce Avenue. (4) Pg~ition R-90-6, Carl Reich of Smally, Wellford and ~alven, Inc., representing James E. Williams, Jr., /and Diane Williams, requesting a rezone from A-1MH / and A-2MH to PUD to be known as Arrowhead PUD for 900 \/ residential units and 15 acres of commercial uses for property located in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road in Sec. 31, T46S, R29E, and Sec. 6, T47S, R29E, consisting of 307~ acres in Immokalee, Florida. 2 May 28, 1991 Motion for approval denied due to lack of 4/1 vote. 3/2 (Com- missioners Volpe and Hasse opposed) Ord. #91-44 adopted subject to Agreement Sheet. 5/0 C. OTHER (1) Petition AV 90-007, WinsCo Builders, Inc., as owner,' Res. requesting vacation of a portion of a five foot (5~) 5/0 drainage easement located on a portion of lots 34 and  35 of the plat of Kelly Plaza as recorded in Pl~t Book 3, Page 95, of the Public Records of Collier County, Florida. , 91-423 adopted. (2~Petition AV 91-001, C. Perry Peeples as agent for Res. 91-424 adopted. owner, Donald Hamilton, requesting vacation of a 5/0 portion of the ten foot (10') drainage and utility easement located on a portion of Tract D of the plat of Lakeside of Naples at Citrus Gardens as recorded in Plat Book 15, Pages 83-88 of the Public Records of Collier County, Florida. Petition SMP-89-28, Steven Sodemann of Hole, Montes and Associates, Inc., representing Radio Road Joint Venture, requesting subdivision master plan approval for Collier County Production Park, Phase 2 for property located 200 feet west of Commercial Boulevard and 1/4± mile north of Radio Road (CR 856) in Sec. 36, T49S, R25E. Res. 91-425 adopted 5/0 Subject to stip Petition SMP-90-34, Dwight Nadeau representing Res. 91-426 adopted. Highway Pavers, Inc., requesting subdivision master 5/0 Subject to s~ips. plan approval for Kathleen Court located on the south side of Seward Avenue between Shirle~ Street and Yahl Street in'Sec. 11, T49S, R2~E, consisting of 7.07 acres. (5) Petition CCSL-91-4, Harry Huber, Office of Capital Res. 91-427 adopted. Projects, representing the Collier County Board of 5/0 Subject to stiDs. /County Commissioners, requesting a coastal /construction setback line variance for time extension /of Resolution No. 90-580 approving re-nourishment, I/ re-vegetation, and construction of dune walkovers, ~T52S, R26E, Marco Island, Florida. Petition SMP-90-38, Jeff Purse of Evers and Purse, Res. 91-428 adopted Inc., representing Dev-Tech Corporation, requesting with additional stips. 3 5/0 May 28, 1991 subdivision master plan approval for "Imperiai Square" for property located adjacent to and east of U.S. 41 north of Imperial Golf Course Boulevard in the southwest 1/4 of Sec. 15, T48S, R25E, Collier County, Florida, consisting of 12.36 acre¥. (Continued from the meeting of 5/14/91) 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC ~ARING$ (1) Petition FDPO-91-1, Robert Jocelyne N. and Bonnie Variance request /Jean DeLestang request~ing a variance from the minimum denied 2/3 (Commsrs. ~base flood elevation as required by Flood Damage Hasse, Shanahan and ~revent~i~n Ordinance (FDPO) Number 87-80 on property d~scribed as 1281 Belair Court, Lot 61, Gulf Harbor~ Volpe opposed. as'- recorded in /~t ~ook 4, Page 31, of the Public Res. 91-429 for Records Of Collier County, _Florida. nonconform~lng use adopted 3/2 (Commsrs. Volp~ and Goodnight .~ opposed~ (2) Petition A-91-4, Karen A. Ornowski representing William and Lottie Tedio, requesting an administrative appeal of the Planning/Zoning Director's decision that the existing parking to support a 40 seat restaurant is insufficient, that the business ceased to operate for a p~riod in excess of 90 days and further use must conform to the current zoning standards of the ColIier County Zoning Ordinance. Decision upheld with modification for 35 seat restaurant. 5/0 END OF ADVERTISED PUBLIC HEARINGS PROVISIONAL USE Petition PU-89-26, Bryan L. Weber of SCA Development, Inc., requesting extension of Provisional Use "b" of the RMF-12 District for a child care center for property located on the east side of Airport-Pulling Road (CR 31) 3/4 mile north of Pine Ridge Road (CR 896) located in the northwest 1/4 of Sec. 12, T49S, R25E. (Continued from the meeting of 5/21/91) Res. 91-430 adopted 5/0 (2) Petition PU-90-2, Richard A. Kennedy of Butler Engineering, Inc., representing Immokalee Habitat for Humanity, Inc., requesting an extension of Provisional Use "d" of the RMF-6 Zoning District for property located on the east side of 9th Street North and bordered by Jefferson Avenue and Hendry Street in 4 May 28, 1991 Reso. 91-422 adopted 5/O Sec. 33, T46S, R29E, Immokalee, Florida.  3) Petition PU-90-7, George F. Archibald of Res. 91-431 adopted Transportation Services representing the Board of 5/0 County Commissioners, requesting extension of Provisional Use "b" of the "I" District. 8. PUBLIC PETITIONS 9. COUNTY MANAGER'S REPORT A. COMMUNITy DEVELOPMENT (1) Budget Amendment request to establish the Continued to 6/4 /~'.~ Metropolitan Planning Organization (MPO) Grant for Grant Year 1991-92. ~ Community Development Division requesting an Res. 91-432 adopted amendment to Exhibit "B" of Resolution 91-136 to 5/0 correct a scrivener's error in the legal description ~ · for property owned by Southern States Utilities located in Tract "G", Marco Beach Unit Twenty-Five, containing 7.68± acres. B. TRANSPORTATION MOVED ~( 16(B) ( F M 2) .1) Recommendation to approve an agreement with Liebig Approved w/changes  Investments for roadway and site improvements at the 5/0 Regency Autohaus and Chrysler-Plymouth dealerships on Airport-Pulling Road. C. ~UBLIC SERVICES D. UTILITIES Agreement between the Orangetree Development, its successor utility and Collier County. May 28, 1991 Approved. 5/0 E. ADMINISTRATIVE SERVICES MOVED FROM ~ 16(E) (1) (1) Recommendation that the Board of County Commissioners authorize the Chairman to execute a work order under  the annual contract for architectural services wi~h Victor J. Latavish, Architect, for the design of a ' fire suppression system in Building F. Continued to 6/4 F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES ~/ (1) Recommendation that the Board of County Commissioners adopt a Resolution to certify a Supplemental Assessment Roll for mandatory garbage collection fees for the 1991 service year. Continued to 6./4 H. COUNTY MANAGER ...... ~ (1) Recommendation that the Board adopt staffs plan of Accepted staff's action regarding the Wiggins Pass dredge project. recommendations in executive summary. 5/~ (2) County Government Productivity Committee Sub-committee Repor~ accepted & Cou] Reports. Mgr to report back on their imDlementati~on. 5/0 1~/(3) Discussion regarding status of Palmer Cablevision Continued to 6/4 agreement. ) Recommendation that the Board of County Commissioners not enter into the proposed lease agreement for leased Continued to 6/4 Growth Management Department office space with the Collier Development Corporation. (5) Recommendation for road maintenance program cost 6 May 28, 1991 Continued to 6/4 ,/~eductions involving reduction in employees, County policy revisions for operations, and deferral of improvements. MOVED FROM 16(H)(2)(~. Recommendation to approve the vacation on an existing access easement within Pelican Bay and to accept a ~/ revised grant of easement. Continued to 6/4 10. COUNTY ATTORNEy'S REPORT A. Request for Board approval of Lester horses. the proposed sale of the MOVED FROM 16(L) (1) Recommendation that the Board approve an Amendment to the Agreement Between Henderson, Young & Company, Inc. and Collier County for the preparation of Emergency Medical Services Impact Fee Study and an Amendment to the Agreement between Henderson, Young & Company, Inc. and Collier County for the preparation of Parks and Recreation Impact Fee Study. Material breach of Settlement Agreement Mr. Lester; Cty. Atty~ office to return in 2 weeks with amended Ag~ to include regular in~ pections of horses fo~ 12 months after trans~ and County to receive money for expenses upc execution of amended Agree. 5/0 Continued to 6/4 11. CLERK TO THE BOARD'S REPORT Budget Amendments (1) Regarding matters not previously discussed: 5 (2) Regarding matters previously discussed: 4 (3) Budget Amendment Resolution No.: NONE B.A.'S 91-188; 9t-193 and 91-198/199 adopte 5/0 BA's 91-187; 91-192 a 91-195/196 adopted. 5 B. Tabulation of Contracts and Documents (as of noon previous Tuesday). Co Analysis of Changes to Reserves for Contingencies (1) General Fund (001) 7 May 28, 1991 (2) (3) Facilities Construction Fund (301) Community Development Fund (113) 12. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Policy Res. 91-433 for an Technical Advisory Board (EPTAB). 1I-member Board. adopte( 5/0 Appointment of members to the Committee. Homeless Advisory Continued to 6/4 Discussion regarding support for resolution re acquisition of Fi$ch property. (Commissioner Goodnight) 13. OTHER CONSTITUTIONAL OFFICERS 14. BOARD 0F COUNTy COMMISSIONERS' COMMUNICATIONS Continued to 6/4 15. STAFF COM/4UNICATIONS 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. COMMUNITY DEVELOPMENT (1) Water facilities acceptance for Cracker Barrel Old Country Store. 8 May 28, 1991 Approved and/or Adopt~ 5/0: w/stips (2) Recommendation to approve for recording the final plat of "Caxambas Estates - Replat". (3) Recommendation to approve for recording the fin41 plat of "Bass Point". ~)Recommendation to approve a Resolution for /declaration of a common nuisance, Compliance Services /Case No. 91-03-03397. Owners of record - Helen V Weinfield Co., Trs., and Lester and Mary E. Persky. Res. 991-389 (5) Recommendation to approve Lien following: Resolutions for the (a) Compliance Services Case No. 91-01-00939. of record -Blanca M. Adorno. Owner (b) Compliance Services Case No. 91-01-00525. Owners of record - Robert Ralph Atkins and Carolyn A. Atkins. Res. 991-390 Res. ,~91-391  / (c) Compliance Services Case No. 91-01-00183. Owner of record - Jay A. Craven.  ~(d) Compliance Services Case No. 90-12-14935. Owners of record - Erva Mae Graham and Pansy Mae Graham.  ~(e) Compliance Services Case No. 90-12-14938. Owners of record - Monroe Graham and Erva Jennings. Res. #91-392 Res. #91-393 Res. %91-394 ~/~f) Compliance Services Case No. 90-12-14827. Owner of record - Marco Media Enterprises. ..... ~~~(g) Compliance Services Case No. 91-01-00474. Owners of record - Don Hutchison and Karen Hutchison. 9 May 28, 1991 Res. ~91-395 Res. #91-396 ~ ~h) Compliance Services Case No. 90-12-14583. Owners of record - Edward J. Pelc and Laverda L. Pelc. ~ ompliance Services Case No. 91-01-00709. Owner ~/ of record - W. D. Roberts. Res. %91-397 Res. ~91-398 ('~Compliance Services Cas~ No. Z89-11175 and Z89-11176. Owners of record - Frances G. Tukes, a life estate, with remainder in Gloria J. Andrews Canty. ompliance services case No. f record -Blanca M. Adorno. 91-02-01190. Owner Compliance Services Case No. 91-01-00789. of record - Silas Bacon. Owner Compliance Services Case No. 91-01-00806. of record - Robin Riley Burch. Owner  Compliance Services Case No. 91-01-00920. of record - Robin Riley Burch. Compliance Services Case No. 91-01-00810. of record - Alphonso Campbell. Owner Owner Res. %91-399 Res. %91-400 Res. ~, 91-401 Res. #91-402 Res. %91-403 Res. %91-404 /) Compliance Services No. 91-01-00406. Owners of record - Valentin Campos, Jr., and Irma Campos. Compliance Services Case No. 91-01-00877. of record - Elizabeth Chambers. Owner Compliance Services Case No. 91-01-00816. of record - Victory Claridy. Owner 10 May 28, 1991 Res. %91-405 Res. %91-406 Res. a91-407 Compliance Services Case No. 91-02-01647. Owner of record - William D. Collins, III, Trustee f~r Florida Sunbelt Properties Trust. ~' Res. ~91-408 /~(t) Compliance Services Case No. 91-01-00903. Owner of record - Community Corp. ) Compliance Services Case No. 91-01-00925. of record - Community Corp. Compliance Services Case No. 91-01-00839. of record - Ismael Cruz and Nidia Cruz. ) Compliance Services Case No. 90-11-13115. of record - Herman F. Groeger. Owner Owners Owner Compliance Services Case No. 91-01-00820. Owners of record - James and Clara M. Gadsden. Res. #91-409 Res. ~91-410 Res. #91-411 Res. ~91-412 Res. 991-413  ~/~(y) Compliance Services Case No. 91-02-01723. Owner of record - A. B. Grassi. Res,. ~91-414 Compliance Services Case No. 90-09-08610. Owner of record - Quality Construction Group of Naples, Inc. Res. #91-415 Compliance Services Case No. 91-01-00798. of record - O. L. Snyder and Lucile Snyder. Owners ~ (/~bb) Compliance Services Case No. 91-01-00801. Owners '~~_cord - O. L. Snyder and Lucile Snyder. Tomszay. 11 May 28, 1991 Res. ~91-416 Res. #91-417 Res. #91-418 (dd)/C~pliance Services Case No. 91-02-01480. Owners record - Alex Weisenbacher, Patricia R~ Mikelson, and Robert Richter, Trustee. ~ Recommendation to accept the security for Excavation Permit No. 59.420 "Pelican Bay System V" located in Sec. 33, T48S, R25E. B. TRANSPORTATION (1) This item has been deleted. MOVED TO 9(B) (1) (2) Recommendation to approve an agreement with Liebig  Investments for roadway and site improvements at the Regency Autohaus and Chrysler-Plymouth dealerships on Airport-Pulling Road. Res. #91-419 Deleted. Moved to 9(B)(1) C. PUBLIC SERVICES (1) Request that the Board of County Commissioners approve the cooperative effort to Master Plan Barefoot Beach Park (Collier) and Bonita Beach Park (Lee), approve the Conceptual Master Plan, authorize staff to enter into an Interlocal Agreement with Lee County, and approve Consultant Engineers for this project. D. UTILITIES WITHDRAWN:  (1) Award Contract for Construction of Water, Sewer and Effluent Lines on Immokalee Road, Bid #91-1674 2/Recommendation that the Board of County Commissioners  / approve and authorize the Chairman to execute the / Resolution and the Utility Easement to the Collier V County Water-Sewer District as necessary to provide a utility effluent line to the Pelican Bay'area. Withdrawn Res. %91-420 (3)/~A~solution designating the Assistant Utilities Administrator as signee, during the absence of the Utilities Administrator, for the Collier County Water-Sewer District, the Marco Water and Sewer District and the Goodland Water district for 12 May 28, 1991 Res. %91-421 execution of permits, grant applications and othe~ miscellaneous documents related to Utilities matters E. ADMINISTRATIVE SERVICES MOVED TO 9(E) (1) (1) Recommendation that the Board of County Commissioners authorize the Chairman to execute a work order under the annual contract for architectural services with Victor J. Latavish, Architect, for the design of a fire suppression system in Building F. Moved to 9(E)(1) (2) Recommendation to approve and execute an agreement for sale of motor vehicle fuels with the Collier County School Board. F. EMERGENCY SERVIC$$ .G. ENVIRONM~NTAL SERVICES (1) Recommendation to approve mid-year adjustments to ~. ~ Water Management operation budget (Fund 110). (2) Recommendation that the Board of County Commissioners approve Certificates of Correction to the Mandatory Solid Waste Collection Special Assessments Roll and authorize the Chairman to sign the Certificates on behalf of the Board of County commissioners. H. COUNTY MANAGER \  (1) Recommendation to execute and accept a subordination // of Utility interests from Florida Power and Light Company of Florida concerning the Naples Production Park Municipal Services Taxing Unit. MOVED TO 9 (H) (6) (2) Recommendation to approve the vacation on an existing access easement within Pelican Bay and to accept a revised grant of easement. Recommendation that the Board of County Commissioners approve and accept the Amendment to the Grant of Easement to provide access to and from water management facilities located in Pelican Bay Nit 2 13 May 28, 1991 Moved to 9(H)(6) consisting of a portion of parcels M, N & O as well as a portion of Pelican Bay Unit 12 parcel G-C within the Pelican Bay development in accordance with the Pelican Planned Unit development Ordinance 77-18, as amended by Ordinance 8296. ~ BOARD OF ~OUNTY COMmISSIONeRS MISCELLANEOUS CORRESPONDENCE Certificate for Correction: 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 MOVED TO lO(~) (1) Recommendation that the Board approve an Amendment to the Agreement Between Henderson, Young & Company, Inc. and Collier County for the preparation of Emergency Medical Services Impact Fee Study and an Amendment to the Agreement between Henderson, Young & Company, Inc. and Collier County for the preparation of Parks and Recreation Impact Fee Study. Moved to 10 (B) 17. ADJOURN 14 May 28, 1991