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Recap 06/20/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, June 20, 1995 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 E 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, is/qD 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA AND CONSENT AGENDA Approved w/changes 5/0 A. Approval of consent agenda. Approved w/changes 5/0 3. APPROVAL OF MINUTES Approved 5/0 May 23, 1995 - Regular meeting. May 30, 1995 - Workshop. 4. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) "Amateur Radio Week". To be accepted by Martin Pelt, Adopted 5/0 President, Amateur Radio Association of Southwest Florida, also known as AD4TR. B. Service Awards Presented 1 June 20, 1995 Richard Stefanko Wastewater North 5 years C. Presentations Added~ (1) Special Recognition in remembrance of Robert Henry as Adopted 5/0 a hero. 5. APPROVAL OF BUDGET AMENDMENTS A. Approval of Budget Amendments BA's 95-257; 95-267/270; 95-320; 95-354/355 Adopted 5/0 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) {FY 94-95) 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) 7. PUBLIC PETITIONS A. Ms. Betsy Perdichizzi regarding the security for an Staff to prepare and bring artifact from the Smithsonian Institute. back regular agenda item (Consensus) B. George Watson regarding powerline easements. 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) PUD-90-5, Arbor Lake Club PUD extension: Dwight Res. 95-369 Adopted 5/0 Nadeau of McAnly, Asher & Associates, P. A., representing Scott & Stringfellow Investment Corp., in conformance with the PUD requirements requesting a 2 year extension of the PUD zoning. (2) Consideration of an amendment to the Transportation Staff recommendation Disadvantaged Agreement regarding the reimbursement for approved 5/0 trips provided by the Transportation Disadvantaged Program. (3) Consideration of a Resolution ordering and calling a Res. 95-379 Adopted 5/0 referendum election by mail ballot to be held on September 26, 1995, relating to the approval of an additional 1% Local Government Infrastructure Discretionary Sales Surtax for a period not to exceed 9 months to fund a Second Gordon River Bridge. (Companion to Agenda Items 8A.(4 and 12C.(1) This item should be 2 June 20, 1995 heard after Agenda Item 12C.(1) (4) Consideration of an Interlocal Agreement among Approved 5/0 Collier County, the City of Naples, and the City of Everglades, relating to the distribution of the Local Government Infrastructure Sales Surtax. (Companion to Agenda Items 8A.(3) and 12C.(1) This item should be heard after Agenda Item 12C.(1) (5) Recommendation that the Board of County Commissioners Res. 95-370 appointing appoint two (2) replacements to the Citizen's Advisory Karen Urbanik and Patricia Committee for preparation of the evaluation and appraisal Carroll Adopted 5/0 report (EAR) on the Growth Management Plan. B. TRANSPORTATION (1) This item has been deleted. Deleted (2) Recommendation to amend the existing contract for Approved 5/0 construction of additional County-wide pathways to Richards Company, per Bid No. 94-2287. Addedz (3) Recommendation to accept the Immokalee Road 4-1aning Approve Staff project for operation/maintenance and approve recommendatin subject to supplemental agreement. legal approval 5/0 Addedz (4) Recommendation that the BCC approve the low bid of Approved 5/0 Southern Services for mowing of grassed or vegetated roadside areas. C. PUBLIC SERVICES D. UTILITIES (1) Staff report on sewage system and facility serving Cty. Attorney's office Royal Cove. directed to intercede on behalf of residents 5/0 E. ADMINISTRATIVE SERVICES (1) Recommendation to proceed with Commission Boardroom Denied 4/1 (Comm. Matthews Audio Visual Improvements. opposed) (2) Human Resources Department update. Presented F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. COUNTY MANAGER (1) Recommendation that the Board of County Commissioners Res.95-371 Adopted 5/0 3 June 20, 1995 adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation and preserve areas. (2) Recommendation to award a construction contract for Approved 5/0 Airport-Pulling Road (C.R. 31) Landscaping Improvements Bid No. 95-2360. (3) Recommendation that the Board of County Commissioners Approved 5/0 approve the ranking, selection, and Agreement RFP 95-2371 with Dufresne-Henry, Inc., for Site Assessments for a Landfill Disposal and Material Recovery Facility. (The Professional Services Agreement is available for review at the Solid Waste Department and the Office of Capital Projects Management). (4) Reject bid to construct the NCRWTP Deep Injection Approve re-bid 5/0 Well #2 construction, Bid #95-2363. (5) Consideration of beach renourishment options and Approve Option #2; Staff financing. to bring back ordinance. 5/0 (6) This item has been delted. Deleted (7) Presentation of final Gordon River Bridge tax Approved 5/0 referendum pamphlet. (8) To establish public hearing dates for adoption of the To be held on September 6, Fiscal Year 1995-96 Collier County Budget. 1995 and September 20, 1995 at 5:05 P.M. 5/0 (9) This item has been deleted. Deleted (10) Recommendation to approve the transfer of franchise Res. 95-373 Adopted as agreements from Colony Cablevision of Florida to amended 5/0 Continental Cablevision. (11) To award a construction Work Order VC-1 under Approved w/stip 5/0 Contract 95-2334 for Improvements at Bayside Park. Added z (12) Authorization for the County Manager to award the Resolution 95-372 w/stip sale of refunding bonds. Adopted 5/0 Added: (13) Request in support of the Community Focus Visioning Staff recomendation Project. Approved 5/0 4 June 20, 1995 9. COUNTY ATTORNEY'S REPORT (A) Request by the Housing Finance Authority of Collier Res. 95-374 Adopted 5/0 County for approval of 2 Resolutions authorizing the Res. 95-375 Adopted 5/0 Authority to issue multi-family housing revenue bonds to be used to finance two qualifying low/moderate income projects. (B) Recommendation that the Collier County Board of Approved 5/0 Commissioners approve a settlement in the case of Melvin W. Olsen and Patricia Olsen, as Personal Representatives of the Estate of Susan Ann Olsen, Deceased, v. B & D Transportation Service, Inc. d/b/a Budget Rent-A-Car of Southwest Florida, a corporation, Gary H. Gregory, an individual and Collier county, Florida (Case No. 94-1452-CA-01). (C) A request for the review of a mediation impasse in the Staff recommendation case of Mary Lou Brooke v. Collier County (Case No. approved 5/0 93-4491-CA-01). Added~ (D) Resolution re quasi-judicial items. Res. 95-376 Adopted 5/0 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Southwest Florida Private Res. 95-377 Adopted 5/0 Industry Council, Inc. B Appointment of men~bers to the Emergency Medical Services Res. 95-378 appointing Advisory Committee. Saunders, Hanlon & Gunther-Mohr Adopted 5/0 Addedz C. Request to declare a vacancy on the Black Affairs Vacancy Declared for Mr. Advisory Board. Hodges' seat. 5/0 Added~ D. Presentation from the Collier County Golf Authority. Staff directed to enter into formal discussions and come back to the BCC in August, 1995. 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS Marjorie Ward representing CABB re reinstatement of resolution. Staff to prepare resolution and bring back. (Consensus) LUNCH RECESS 12z00 - 1~00 P.M. 5 June 20, 1995 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition PUD-92-7(1), Thomas E. Killen representing Ord. 95-42 Adopted subject the Wynn Real Estate Partnership, requesting a rezone to review by the County from PUD to PUD known as Sungate Center for the purpose Attorney's Office. 5/0 of amending the PUD Document and Master Plan for property fronting C. R. 951 lying between Green Boulevard and 15th Avenue S.W., Tracts 123 and 124, Golden Gate Estates, Unit 26, Sec. 15, T49S, R26E. (2) Petition PUD-80-20(5), Donald W. Arnold representing CCPC directed to hear the Collier County Board of Commissioners requesting an petition on 7/20/95. 5/0 amendment to the Hideaway Beach PUD, Ordinance 92-11, by amending Sec. 4.04.04, Minimum Setbacks, by changing the Minimum Principal and Accessory Structure Building Setbacks for lots abutting the beach for property located on Marco Island in part of Secs. 5, 6 and 7, T52S, R26E. C. OTHER (1) Consideration of an Ordinance relating to a 1% Local Ord. 95-43 Adopted 5/0 Government Infrastructure Discretionary Sales Surtax to fund a Second Gordon River Bridge. (Companion to Agenda Items 8A.(3) and 8A.(4). This item must be heard prior to Items 8A.(3) and 8A.(4). 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-95-5, Frank Downey of Challenger Pools, Res. 95-380 Adopted 5/0 Inc., representing Dean and Kim Kleist requesting a .8 foot and a 1.8 foot after-the-fact variance from the required 10 foot rear yard for a swimming pool and enclosure. (2) Petition V-95-6, Frederick V. Holz of Agnoli, Barber Res. 95-381, deleting the & Brundage, Inc., representing Collier County Parks and stipulation to turn off Recreational Department requesting a 40 foot height the lights at 10 P.M. variance from the required 30 feet to 70 feet for light Adopted 5/0 poles; a 60 foot variance from the required 75 foot front yard setback to 15 feet; a 16 foot variance from the required side yard setback of 30 feet to 14 feet; and a 9 foot variance from the required 15 foot setback established for signs to 6 feet for a Planned Community Park in Golden Gate Estates adjacent to the Big Cypress Elementary School in Unit 4, Tracts 95, 96, 98 and 111. June 20, 1995 (3) Petition V-95-3, Karen Bishop of Project Management Res. 95-382 w/stipulations Services representing CS-2 Venture for a variance to the as amended. Adopted 4/0 Pelican Bay PUD regulations governing the provision of a (Commsr. Mac'Kie 100 foot wide landscape buffer area as it applies to abstained) Vanderbilt Beach Road by reducing said 100 foot wide landscape area to 20 feet for property located in Sec. 33, T48S, R25E. (4) Petition CU-95-2, Robert Duane of Hole, Montes & Res. 95-383 Adopted Associates, Inc., representing the Collier County subject to stipulations. Utilities Division requesting Conditional Use 2.6.9.2 5/0 (Essential Services) of the "A" zoning district for improvements to an existing wastewater treatment facility for property located off Warren Street and approximately 100 feet south of St. Andrews Boulevard in Sec. 20, T50S, R26E. (Continued from the meeting of 6/13/95) B. OTHER (1) A request that the Board of County Conlmissioners Res. 95-384 Adopted 5/0 consider an extension to the previously approved CU-89-18 which has been issued a third and final one (1) year extension. 14. BOARD OF COb'NTY COMMISSIONERS' COMMUNICATIONS 15. STAFF'S COMMUNICATIONS A. FAC Legal Defense Discussed Fund 16. CONSENT AGENDA All matters listed under this item are considered to be routine Approved and/or Adopted and action will be taken by one motion without separate 5/0 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. COMMI/NITY DEVELOPMENT (1) Sewer facilities acceptance for Tract "C" at Windstar Replat. (2) Water facilities acceptance for Osprey's Landing. (3) Recommendation to approve for recording the final Res. 95-362 plat of "Tract C at Windstar Replat". 7 June 20, 1995 (4) Recommendation to approve Excavation Permit Nos. 59.531 and 59.540 "Huntington Lakes Lakes #1 and #2 located in Sec. 20, T48S, R26E, bounded on the south by Oaks Boulevard Extension and Immokalee Road Canal right-of-way; on the north by Huntington PUD, on the east by Quail Creek Village, and on the west by Northbrooke Drive right-of-way. (5) Recommendation that the Board of County Commissioners approve an additional contractor to the list of pre-qualified contractors permitted to work on projects funded by the Collier County Residential Rehabilitation Program (RFP ~94-2280). (6) Water facilities acceptance for North Naples Government Services Site (Fire Station #44). (7) Water and sewer facilities acceptance for Leawood Lakes. (8) Water and sewer facilities acceptance for Pelican Marsh, Unit Seven. (9) Recommendation to amend the approval of the final plat of "Colonnade" (10) Recommendation to approve for recording the final plat of "Sterling Oaks, Phase 2B". (11) Recommendation to grant final acceptance of the Res. 95-363 roadway, drainage, water and sewer improvements for the final plat of "Maplewood Unit One". (12) This item has been deleted. Deleted (13) Recommendation to approve for recording the final Res. 95-364 plat of "Pelican Isle Yacht Club". (14) Budget Amendment request to establish the Metropolitan Planning Organization (MPO) Budget for Grant Year 1995-96. (15) Recommendation that the Collier County Commission authorize the satisfaction of lien for the following: (a) Resolution 91-105; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (b) Resolution 91-416; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (c) Resolution 91-417; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. 8 June 20, 1995 (d) Resolution 92-206; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (e) Resolution 92-456; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (f) Resolution 94-218; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (g) Resolution 94-264; O. L. Snyder and Lucile Snyder, Joyce Park Subdivision. (h) Resolution 94-625; O. n. Snyder and Lucile Snyder, Joyce Park Subdivision. B. TPJuNSPORTATION C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners authorize the Collier County School Board to provide prepared food for the Summer Food Service Grant program. (2) Recommendation that the Board of County Commissioners approve a lease agreement with Everglades City for the long term use of space within the City Hall Building for public library service and Clerk of the Court activities. D. UTILITIES (1) Recommendation to approve and execute the Satisfaction of Claim of Lien for Glenn Duene Houdasheldt and Argulous and Dorothy Woods. (2) Recommendation to approve and execute the subordination agreement for Cheryl L. Hartman, Personal Representative of the Estate of Mark Douglas. (3) Recommendation to approve and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Edward Delaney and Jeremiah Dacey, Grace O'Kinsey Gray, Darnell and Linda Gronolds, Willie Frank Pugh, and Carlo and Bethanie Antenor. E. ADMINISTRATIVE SERVICES (1) Recommendation that the Board of County Commissioners waive the fee for the Temporary Use Permit for the Annual Field Day sponsored by the Amateur Radio Association of Southwest Florida. (2) To obtain Board examination of the Sufficiency of 9 June 20, 1995 Bonds of County Officers. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Board approval of a budget amendment recognizing and appropriating interest earnings to be refunded to the Florida Department of Environmental Protection (FDEP), per Petroleum Contamination Contract GC 205. (2) Recommendation to sell surplus landfill operating Awarded to Waste equipment to the highest bidders. Management Inc. of Florida H. COUNTY MANAGER (1) Request Board approval to authorize the County Manager to approve consent agenda items, budget amendments and emergency items during the Board's summer recess. (2) This item has been deleted. Deleted (3) This item has been deleted. Deleted (4) Recommendation to approve an additional services proposal by Agnoli, Barber, and Brundage, Inc. for portions of the work necessary to implement the construction of drainage improvements in Naples Park. (5) Recommendation that the BCC approve a budget amendment for Airport Authority Commercial Paper Loan Expenses. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE (1) 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 (1) To present to the Board of County Commissioners the State Revenue Sharing Application for fiscal year 1995-1996 and obtain approval for the Chairman to sign the Application. L. COUNTY ATTORNEY (1) A Resolution approving the Satisfaction of Liens for Res. 95-365 certain residential accounts wherein the County has 10 June 20, 1995 received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. (2) A Resolution approving the Satisfaction of Liens for Res. 95-366 certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. (3) A Resolution approving the Satisfaction of Liens for Res. 95-367 certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. (4) Recommendation for the Board of County Commissioners Res. 95-368 to adopt a Resolution acknowledging that the County Tax Collector enters into leases for Branch Offices in which limited County business is conducted. (5) To approve amendment to Beach Renourishment and Pass Maintenance Agreement with the City of Naples. 17. ADJOURN 11 June 20, 1995