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Recap 05/22/1990 RNOTICE: BOARD OF ~OU~T¥ ~C~.,'.,~k~4_~SSI~RS AGENDA Tuesday, May 22, 1990 9:00 A.M. ALL PERSONS WISHING TO SPEAK ON REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS T~E BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGERDAMUST 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" IM]~EDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF TB~ 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. INVOCATION PLEDGE OF ALLEGIANC~ APPROVAL OF AG~E~BA A~D CO~$ENT AGENDA APPROVAb. OF ~INUTES Regular meeting of Ap=il 3, 1990. PROCLAMATIONS A. Service awards as follows: Kathryn M. Nell, County Attorney's Office - 5 years. Approved w/changes, 5/0 Approved, 5/0 Presented Raymond E. smith, Environmental Services - 5 years. Presented Raymond H. Ognibene, ~Utilities/Wastewater - 5 years. Presente~ Grace Langstaff, Human Resources (Pool) - 5 years. Presented William D. Lorenz, Environmental Services - 5 years. Presented. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1 May 22, 1990 CONTINUED TO 6151s~ (1) DRI-89-2, George Varnadoe of Young, va~Assenderp, Varnadoe and Benton, representing Michael H. Lapidus, requesting development approval of "Cedar Bay Marina", a full service recreational boating facility, containing 25 wet and 593 dry boat slips, upon existing C-5 zoned property. The project is located on Elkcam Circle and one lot north of Collier Blvd., Xin part of Tract F, Marco Beach Unit 4, in Section 8, Township 52 South, Range 26 East, consisting of 3.6 ~ acres. (Companion items are V-89-6 and FDPO-89-4. Continued to 6/12/90 meeting). Continued to 6/5/90 (2) R-90-3, J. Gary Butler of Butler Engineering, Inc., representing Immokalee Habitat for Humanity, Inc., requesting a rezone from RMF-6 to RSF-5 for property located on the east side of 9th Street No. and bordered by Jefferson Avenue and Hendry Street, in Section 33, Township 46 So., Range 29'~ast, containing 4.65 acres. (Continued to 6/5/90 meeting). Continued to 6/5/90 (3) Petition R-89-29, Robert Duane of Hole, Montes and Associates, Inc., representing Associates Livingsto6 Road., Ltd., requesting a rezone from A-2 to PUD to be known as Livingston Road Country Club which will consist of 750 single/multi-family dwelling units on 482 acres more or less, Golf Course with Club HOuse on approximately 150 acres; conservation areas on approximately 18 acres, more or less; and right-of-way dedication, interior roads and buffer zone consisting of 120 acres, or or less, located at the intersection of proposed North/South and East/West Livingston Road Extension in Sections 11, 12 and 13, Township 48 So., Range 25 East. (Continued to 6/5/90 meeting). Continued to 6/5/90 (4) PDA-90-1, An ordinance amending Ordinance 84-6, which established Toll Gate Commercial Center PUD. (Continued to 6/12/90 meeting). Continued to 6/12/90 (5) Petition R-89-22, (Companion to Petition PU-89-18), Kris A. Dane, of Coastal Engineering Consultants, Inc., representing Tempustech, Inc., requesting a rezone from A-2 to RO and a companion Provisional Use "b", "m" and "n" of the RO Zoning District for a marina, boat ramp, restaurant, private clubs and yacht clubs for property located south of Bonita Beach Road (C.R. 865) approximately one mile west of Vanderbilt Drive (C.R. 901) property located south of Bonita Beach Road (C.R. 865) adjacent to Little Hickory Bay in Section 6, Township 48 Township 49 South, Range 25 East, Collier County, Florida. Continued to 6/19/90 to allow sufficent time for the new site plan to be reviewed by the CCPC. 5/0 2 May 22, 1990 (6) P/~tition No. ZO-90-5, Community Development Ord 90-38 Adopted 5/0 Division requesting an amendment to the Collier County ~ ' Zoning Ordinance No. 82-2,- by amending Subsection , non-conforming structures. (7) Petition R-90-1, John Barber of Agnoli, Barber and Brundage, Inc., representing George Werner, ET AC., Requesting a rezone from A-2 to PUD for a mixed residential and commercial development for a project to be known as Richland PUD, located at the southwest corner of Immokalee Road (C.R. 846) and C.R. 951, in Section 27, Township 48 South, Range 26 East, Collier County, Florida consisting of 150 acres more or less. Ord. 90-39 Adopted sub- ject to stipulations, an~ that construction is to commence within a 5 year period. 5/0 (8) Petition R-89-15, Dwight Nadeau of McAnley & Associates, P.A., representing George and Sandra Downed requesting a rezone from A-2 agricultural to PUD for a development consisting of park/travel trailer recreational vehicles and mobile homes together with recreational amenities and other accessory' uses in Sections 10 and 15, TownshiD 51 South, Range 26 East, Collier County, Florida containing an area of 146 acres more or less. Ord. 90-40 Adopted subjec to stipulations as amendel 5~0. (~) Petition ~O-90-9, Community Development Division ~epresenting the Board of County Commissioners /requesting an amendment to Collier County Ordinance / No~ 82-2, the Comprehensive Zoning Regulations for the unincorporated area of Collier County, Florida, by amending Section 8.23, off street parking; required amounts pertaining to Houses of Worship, by reducing the number of required spaces from one for each two seats in chapel or auditorium to three spaces per seven seats in chapel or assembly area. Ord. 90-41 Adopted subjec to stipulation that or~. will be amended to change the parking requirement to 3 spaces per 7 seats. 5/o CONTINUED TO 6/5/90 (10) Petition No. ZO-90-7, Robert L. Duane of Hole, Montes and Associates, Inc.. representing Cynwyd Investment Management, requesting an amendment to Ordinance 82-2 the Comprehensive Zoning Ordinance for the unincorporated area of Collier County, by amending Section 8.23, off-street parking: required amounts pertaining to shopping centers, by reducing the required number of spaces from one per 175 square feet to one per 250 square feet or any part thereof of the gross floor area and pertaining to supermarkets, by reducing the required number of spaces from one per 125 square feet or any part thereof of the gross floor area. May 22, 1990 Continued to 6/5/90 C. OTHER (1) SMP-90-4, J. Gary Butler of Butler Engineering, Inc. representing Immokalee Habitat for Humanity, Inc., requesting subdivision master plan approval for "Mission Village" for property located on the ease side of 9th Street., No. and bordered by Jefferson Avenue and Hendry Street, in Section 33, Township 46 ~So., Range 29 East, containing 5.34 acres. (Continued ~o 6/5/90 meeting). Continued to 6/5/90 (2) DOA-90-1, Development order amending Development Order 84-1, for Toll Gate Commercial Center by providing for additional lands to be incorporated into the development. (Continued to 6/12/90 meeting). Continued to 6/12/90 (3) Petition AV-90-013, J. Dudley Goodlette and James C. Stewart as agents for owner Windstar Development Company, requesting vacation of portions of drainage easements and lake maintenance easements, as shown on the plat of Windstar as recorded in Plat Book 14, Pages 11J15, inclusive, of the public records of Collier County, Florida, requesting acceptance of the grant of appropriate substitute drainage easements within the plat of Windstar as recorded in Plat Book 14, Pages 11-15, .inclusive, of the public records of Collier County, Florida so petitioner can build across easements. Resolution 90-269 P~opted, subject to all stipulations. (Commissioner Saunders absent) 4/0 (4) Petition AV-90-003, Glacid Properties, Inc., !requesting vacation of a ten foot public utility easement unplatted, located in Section 4, Township 50 outh, Range 26 East as recorded in the official ecords Book 1338 on Pages 540 through 549 of the ublic records of Collier County, Florida. Resolution 90-270 Adopted 5/0 (5) Petition No. PDA-89-13, Mr. James E. Vensel of James E. Vensel and Associates, representing Antaramian Development corporation, requesting amendment to Point Marco, a previously approved Planned Unit Development located on the south and west sides of South Collier Boulevard, on Caxambas Pass in Sections 19 and 20, Township 52 South, Range 26 East (Marco Island). (Continued from 5/8/90 meeting). Ordinance 90-42 adopted subject to stipulations 5/O (6) Petition SMP-89-30, Naples Gateway Subdivision 4 May 22, 1990 Resolution 90-271 adopted subject to stipulation agreement, "Appendix 5/O Master Plan by Blair Foley, agent for Coastal Engineering representing Vanguard Ventures, Inc. for approval of a Subdivision Master Plan, located in Section 7, Township 49 South, Range 26 East, Collier County, Florida, containing 13.45 acres more or less. (7) Petition SMP-90-2, Agnoli, Barber and Brundage, Inc., representing Monterey Associates, a Florida general partnership, requesting subdivision master plan approval for Villages of Monterey, Unit Three for property located northeast of Goodlette Road Extension (within Woodbridge PUD) in Section 2, Township 49 South, Range 25 East, consisting of 17.42 acres. (Continued to 6/19/90 meeting). Continued to 6/19/90 7. B.0AR0 OF ~ONING APPEALS A. ADVERTISED PUBLIC HEARINGS ~YNI3ED TO MEETING (1) FDPOJ89-4, George L. Varnadoe of Young, van Assenderp, Varnadoe & Benton, representing Michael H. Lapidus,.. requesting approval of a four foot flood elevation variance from the minimum required base flood of ten feet-NGVD to existing ground elevation of six feet for property located in part of Tract F, Marco Beach, Unit 4, in Section 8, Township 52 South, Range 26 East, Collier County, Florida. (Continued to 6/12/90 meeting). Continued to 6/5/90 CONTINUED TO 6/5/90 MEETING (2) Petition V-89-6, George L. Varnadoe of Young, vanAssenderp, Varnadoe and Benton, representing  Michael H. Lapidus, requesting a 15' variance from the maximum height of 35' in the C-5 district to a maximum height of 50' for property located in part of Tract F, Marco Beach Unit 4, in Section 8, Township 52 South, Range 26 East. (Continued to 6/12/90 meeting). Continued to 6/5/90 (3) Petition V-90-6, Robert E. Davenport, representing The First United Methodist Church of Immokalee, Inc., requesting a ten foot variance from the required front yard setback of 30 feet to 20 feet along the southern front yard of property located at the northwest corner of 9th street North and Roberts Avenue (3rd Avenue), Section 4, Township 47 South, Range 29 East. Res. 90-268 Adopted sub- ject to s%ipulations and that "NO PARKING" signs wi] be placed along the riqht- of-way on Roberts Ave.- 5/O 5 May 22, 1990 (4) Petition No. NUA-90-3, Mr. Jay P. Delphey, requesting a non-conforming use alteration for enlargement of a non-conforming single family structure in order to approve an addition to an e~isting single family house in the C-3 zoning ,~istrict for property located at 346 Capri Blvd., Lot , Isles of Capri. Re s 90-272 adopted 5/~ END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE (1) Petition PU-89-18 (Companion to Petition R-89-22), Kris A. Dane, of Coastal Engineering Consultants, Inc., representing Tampustech, Inc., requesting a Provisional Use "b", "m" and "n" of the RO Zoning District for a marina, boat ramp, restaurant, private clubs and yacht clubs for property located south of Bonita Beach Road (C.R. 865) approximately one mile west of Vanderbilt Drive (C.R. 901) adjacent to Little Hickory Bay in Section 6, Township 48 South, Range 25 Eat, Collier County, Florida. Continued to 6/19/90 to allow sufficient time for the new site plan to reviewed by the CCPC. 5/O 8. PUBLIC PETITIONS A. Jerome Marks regarding Clifford Construction Company vs. Champagne Builders. IF NOT RESOLVED WITHIN 90 ~' THEN THIS ~ER DA~S, WILL BE BROUGHT BACK BEFOi THE BOARD. 9. COUNTY MANAGER' S REPORT A. COMMUNITy DEVELOPMENT B . TRANSPORTATION (1) Recommendation to approve and execute a ~onsulting engineering services agreement with Kimley-Horn and Associates, Inc. for design of urban streetscape and six-laning improvements to Golden Gate Parkway, CIE Project No. 005. Continued until the approl riate Ordinance ~e fundinc and the interlocal agree- ment with City of Naples is brought back. 4/0 (Comm. Saunders out) C. PUBLIC SERVICES D. UTILITIES (1) Presentation concerning yield of the Lower Tamiami Wellfield in the Golden Gate Estates area by Missimer and Associates, Inc. as information to the Board. Report accepted. 6 May 22, 1990 (2) Recommendation to execute appraisal agreements with Real Property Analysts, Inc. and Coastal Engineering for appraisal services related ,~to the acquisition of property for the proposed North County Regional Water Treatment Plant. (Continued from 5/15/90 meeting). ADMINISTRATIVE SERVICES (1) Recommendation to adopt resolutions awarding Certificates of Public Convenience and Necessity to Personal Touch Limousine, Inc., William C. Garrison d/b/a Premier Transportation Company, and William C. Garrison d/b/a Anthony's Limousine Company. Directed staff to execut agreements 3/1 (Comm. Vo opposed), (Comm. Saunders not present) Resol. 90-273 adopted 4/i Resol. 90-274 adopted 4/~ Resol. 90-275 adopted 4/~ (Comm. Saunders not pres~ ~MERGE~CY SERVICES (1) Report to the Board on matters relative to Immokalee area patients for non-scheduled medical care. PROGRAM TO BE IMPLEMENT WITH COMMISSIONER GOODNIGHT ASSISTING IN THE COLLECTION OF FUNDS 5/0 G. ~.NVIRONMENT.A~ SERVICES H. COUNTY MANAGER MOVED FROM 14 (}{) (2) (1) Recommendation that the Board of County Commissioners approve the attached lists of change orders for the Courthouse and Health Building projects and authorize a new $50,000 limit for future change orders on each project. Approved chanqe orders w/ new limits for future changes of $50,000 each. 4/0 (Comm. Saunders not present) 10. COUNT~ ATTORNEY'S REPORT ll. CLERK TO THE BOARD'S REPORT A. Budget Amendments - None. B. Tabulation of Contracts and Documents (as of noon previous Tuesday). 7 May 22, 1990 ~ C. Analysis of Changes to Reserves for Contingencies. (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). CONTINUED TO 5/29/90 MEETING D. Presentation of the September 30, 1989  Comprehensive Annual Financial Report. (Continued from 5/15/90 meeting). Continued to 5/29/90 12. BOARD OF COUNTY COMMISSIONERS /~: A. Ira Evans regarding proposed one-cent sales tax. NO ACTION TAKEN 13. OTHER CQNSTITUTIONAL OF¥IC~RS A. Recommendation to approve ~he addition of sixteen Approved appropriation to deputies as Court Bailiffs and Courthouse security for hire 16 Deputies for Court- the Judicial Process Division of the Collie county Sheriff's Office. (Continued from 5/15/90 meeting). house Security, 3/2. Comm. Hasse and Comm. Volpe opposed. 14. 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 B. Transportation (1) Recommendation that the Board of County Commissioners grant final acceptance of the tree clearing in Lee Cypress and approve the final payment. (2) Recommendation to accept C.R. 951 right-of-way land clearing contract in conjunction with the future four-laning of C.R. 951 from U.S. 41 to Rattlesnake Hammock Road. Consent Agenda approved and/or adopted 4/0 (Comm. Saunders not present) In amount of $14,130 to D & R Tree Service Release of final payment and release of check a650 in amount of $39,730 8 May 22, 1990 / (3) Recommendation to award two land clearing projects ~ at a total cost of $33,450 in accordance with Bid No. 90-1554. C. Public Services (1) To obtain Commission authorization to transfer $13,774 from General Fund Reserves to cover expenses  associated with the City of Naples Interlocal Agreement for beach parking. In amount of $23,950 B. J. Excavs~.i- and /~500 to Basic Wate__~_~ In amount of $13,774 D. Utilities (1) Wiggins Lake, Phase I - Water facilities acceptance. ~f~ /(2) Request for adoption of resolution with location '~ / map designating property needed along the Golden Gate ~ / Canal, Unit 12; and authorizing staff to acquire said land by gift or purchase. ~ / ~) Request for approval of resolution designating an ~ /~ccess and potable water pipeline easement needed v ~ // between Goodlette-Frank Road and the Carica Tank Site; ~ ~ and authorize staff to acquire easement at the requested price. With stipulations Resol. 90-276 and _~esol. CWS 90-8 Resol. 90-277 and Resol. CWS 90- 9 E. Administrative Services (1) Reco~umendation to approve budget amendment to recognize additional revenues and expenses associated with the disposition of surplus property. F. Emergency Services ~ (1) Request Board approval for additional funds for ~ the emergency purchase of an' engine overhaul for the County helicopter. In an amount not to exce~ $29,000 from Aviall of Dallas, Texas G. Environmen. ta 1 Services H. County Manager WITHDRAWN: (1) Recommendation to rescind the award of a contract  to Basic Water Systems, Inc. for Bid No. 89-1513. (Continued from 5/15/90 meeting). 9 May 22, 1990 Withdrawn MOVE~ TO 9 (H) (1) (2) Recommendation that the Board of County Commissioners approve the attached lists of change orders for the Courthouse and Health Building projects and authorize a new $50,000 limit for future change orders on each project. Moved to 9H1 No(3) Recommendation to approve a grant to the National Audubon Society for performance of two bird monitoring programs in conjunction with the Marco Island Beach urishment Project. In amount of $11,842. I. Board of County Commissioners  (1) Recommendation for reappointment~/appointments to the Southwest Florida Private Industry Council. MisGe~aneous CorresPondence Certificate .for Correction: NEED MOTION rizing the Chairman to sign Certificate for orrection to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Extra Gain Time: NEED MOTION authorizing Extra Gain time for Inmate No. 53573, 22040. RECOMMEND APPROVAL. (3) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 89-170-CF ($37.50), 87-1340-CF ($50.00), 89-431-CJ ($12.50), 89-155-CF ($37.50), 89-1963-TMcVPI ($12.50), 84-1940-MM.89-1926-MM ($25.00), 85-637-TM ($12.50), 89-24-CJ ($25.00), 87-2677-TM.89-4959-MM ($25.00), 88-1117-CJ ($37.50), 88-1614-CF ($25.00), 89-1204, 1203, 2302, 2366-TM ($50.00), 89-2713,2714-TM ($37.50), 87-340-CF ($37.50), 89-4946-MM ($25.00), 87-1427-CF ($25.00), 89-3612-TM ($12.50), 89-4103-TM ($25.00), 89-2129-M]4.89-2877-TM ($25.00), 87-785,1340-CF ($142.50), 88-4308-MM.89-1043-MM ($87.50), 89-671-CJ-A-21 ($37.50), 89-489, 653, 563-CJ ($125.00), 89-772-CF-A-21 ($12.50), 89-212-CJ ($37.00), 89-296-CJ ($25.00), 89-339, 340-CJ ($50.00), 89-375-CJ ($25.00). RECOMMEND APPROVAL. 15. A.D~QURN BP-D-5/22/90 10 May 22, 1990