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Recap 01/11/1994 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 11, 1994 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. THE FOLLOWING ITEMS TO BE HEARD FROM 9:00 A.M. - 12:00 NOON. MID-MORNING BREAK AT 10:30 A.M. INVOCATION AND PLEDGE OF ALLEGIANCE 2~APPROVAL OF AGENDA AND CONSENT AGENDA '~. Approval of consent agenda. ** Comm. Norris absent as reflected by 4/0 votes ** Approved 4/0 Approved 4/0 APPROVAL OF MINUTES December 7, 1993 - Regular meeting. December 7, 1993 - Workshop. Dece~ber 9, 1993 - City/County Joint Meeting. December 13, 1993 - Workshop. Approved 4/0 PROCLAMATIONS, SERVICE AWARDS AND PRESENTATIONS Proclamations 1. Proclamation designating January 17-23, 1994, as PURPLE MARTIN WEEK. To be accepted by William Dietrich, President. k /2. Proclamation designating January 17, 1994, as DR. MARTIN LUTHER To be accepted by Mr. Larry Word /~ KING, JR. DAY. . Adopted 4/0 Adopted 4/0 B. Service Awards /Arturo Herrera / ~ichelle Edwards-Arnold Bertin J. Karpinski, Jr. 20 years 5 years 5 years January 11, 1994 Parks/MSTD Long Range Planning Capital Projects Presented Recommendation to recognize Linda Fasulo, Administrative Services Division, as Employee of the Month for January, 1994. Presented 5.~pPROVAL OF BUDGET AMENDMENTS Approval of Budget"kmendment Report 6. APPROVAL OF CLERK'S REPORT A. Tabulation of Contracts & Documents BA's 94-98, 94-103, 94-140/142 Approved 4/( Be Analysis of Changes to Reserves for Contingencies 1. General Fund (001) For FY 93/94 2. Community Development Fund (113) For FY 93/94 3. Facilities Construction Fund (301) For FY 93/94 Request the BCC approve a budget amendment from the Reserve for Contingency in the General Fund to establish an appropriation reimbursement for tax deed surplus money to owners of record for tax certificate no. 84-4924, TDA 6437 and tax certificate no. 85-5316, TDA 7576, Dekrijer and Roozen P.E.V., B.V., Trustee. Approved 4/0 7. PUBLIC PETITIONS 8. COUNTY MANAGER,S REPORT cleanup fund. to transfer balance amount of hurricane Approved 4/0 B. TRANSPORTATION C. ~UBLIC SERVICES D. UTILITIES 2 January 11, 1994 E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES VIRONMENTAL S RVIOSS (1) Workshop to address issues relating to a Habitat Protection Ordinance (HPO) and the Natural Resources Protection Areas Program (NRPA) (Continued from 12/7/93 meeting) (Continued to January 18, 1994). Continued to 1/18/94 H. COUNTY MANAGER 9. CQU~TY ATTORNEY,S REPORT 10. BOARD OF COUNTY COMMISSIONERS . Discussion regarding request for proposals 94-2141 for landfill operation. Request update of MICA discussions. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS Withdraw existing RFP replace w/ RFQ Approved 4/0 MICA discussions to continue LUNCH RECESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS TO BE HEARD AT 1:00 P.M. (Agenda Index advertised with notation that public hearings would be heard during the morning session due to an abbreviated agenda.) 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER Petition CCSL-93-8, Mr. Ronald L. Stetler representing Bayshores of Vanderbilt Beach Condominium, requesting a Coastal Construction Setback Line Variance to allow the retainment of a deck addition on Lots 44, 45 and 46, Block A, Replat of Unit 3 January 11, 1994 Reso. 94-16 w/ stips. Adcopted 4/0 No. 1, Conners Vanderbilt Beach Estates, Sec. 29, T48S, R25E. Community Development Services Division requesting the adoption of an ordinance mending the Adequate Public Facilities Ordinance No. 93-82 to correct scrivener's errors in Subsections 7.4.1 and 8.2 and providing for an effective date. (3) Petition AV 93-006 to vacate a 60 foot road right-of-way platted as First Avenue North as shown on the plat of Eastover as recorded in Plat Book 1, Page 97, of the Public Records of Collier County, Florida. Petition AV 93-022, A. J. Viggiani as agent for owner, Wyndemere Farms Development, Inc., requesting vacation of a portion of a ten foot drainage easement located on a portion of Lots 24-25 on the plat of Grasmere at Wyndemere, Phase I as recorded in Plat Book 15, Pages 22-23, of the Public Records of Collier County, Florida and to accept a replacement drainage easement. Ord. 94-1 Adopted 4/0 Reso. 94-17 Adopted 4/( Reso. 94-18 Adopted 4/( 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition FDPO-93-4, Andrew Saluan, representing Baypoint J Development LTD., requesting a seven foot variance from the required minimum base flood elevation of thirteen feet NGVD to ? six feet NGVD for property located at 25 Bluebill Avenue, .~ further described as a portion of Tract "A", Baker-Carroll / Point Subdivision, in Sec. 20, T48S, R25E0 Reso. 94-19 Adopted 4/( Petition (2) Petition AW-93-4, Paul Listenberger of C. R. Florida, Inc., representing HSU's International, Inc., requesting a 163 foot /~_~ waiver from the minimum required separation of 500 feet between places serving alcoholic beverages for on-premise consumption and churches for a restaurant located at 1093 North Collier Blvd., with a resulting separation distance of 337 feet. CU-93-16, William L. McDaniel representing the Independent Church of God, requesting Conditional Use "1" of 4 January 11, 1994 Reso. 94-20 Adopted 3/] (Comm. Saunders Oppose( Continued to 1-25-94 Meeting. 4/0 the RMF-6 Zoning District for a church on property located at 3709 Guilford Road, Block A, Lot 5, Guilford Acres, Sec. 13, T50S, R25E. (4) Petition FDPO-93-5, Herbert Savage representing Dorothy Clifford, requesting a 1.5 foot variance from the minimum base flood elevation of 10 feet NGVD as required by. Flood Damage Prevention Ordinance Number 87-80, as amended, on property described as Lot 22, Block 38, Marco Beach Unit 2, Sec. 5, T52S, R26E Petition Denied 1/3 (Comm. Saunders, Matthews & Constantine Opposed) WITHDRAWN: (5) Petition V-93-31, Wayne Furfey of Custom Dock and Repair representing Andreas Kertscher, requesting a 7.5 foot variance from the required 15 foot side yard as specified in Sec. 2.6.21.5 of the Collier County Land Development Code, to 7.5 feet for mooring pilings and boat lift for property located at the Islander Cove Condominium, Unit 305, March Beach, Unit 10. Withdrawn (6) Petition V-93-30, Jack Miller representing Lorenz Raeder, requesting 5 foot variances from the required north and south side yards of 15 feet to 10 feet for property located on the --. west side of Hideaway Circle West and further described as Lot ~ 3, Block 16, Hideaway Beach. Reso. 94-21 Adopted B. OTHER 14. BOARD OF COUNTY COMMISSIONERS, COMMUNICATIONS ~. City/County Joint Meetings - May 11th and September 14th. Accepted 2. Discussion regarding air cargo company. County Attorney Cuyler to Review CDC Issue 3. Impact fee information. County Attorney Cuyler to Review 15. STAFF'S COMMUNICATIONS 5 January 11, 1994 Strategic goals workshop dates. Discussion regarding Airport Authority Director. First Meeting to be Monday, February 7, 199 Meeting place to be determined. To be continued to the meeting of 1/18/94 ~ Discussion regarding budget workshop ~discussed at regular Board meeting. I/Productivity Committee Vacancies CONSENT AGENDA for February let to be 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. Budget Workshop to be held at regular meetins on February 1, 199~. Vacancies to be Readvertised ** Comm. Norris absent as reflected by 4/0 vot ** Approved and/or Adopted 4/0 A. COMMUNITY DEVELOPMENT ~/~Recommendation to approve the final plat of "Maplewood Unit /~ One". ~~(2) Recommendation to approve for recording the final plat of "Sterling Oaks". w/ stips. w/ stips Recommendation to accept the security for Excavation Permit No. 59.488 "Falcons Glen Villas", located in Secs. 27 and 28, T51S, R26E. /J.~'(4) Recommendation to grant final acceptance of the roadway, : drainage, water and sewer improvements for the final plat of "Queens Park at Lago Verde, Phase Four". Reso. 94-12 Recommendation to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Wilshire Lakes, Phase One". Reso. 94-13 (6) Water facilities acceptance for Tall Oaks, Phase II-A. / 6 January 11, 1994 w/ stips Water facilities acceptance for Le Dauphin Condominium. w/ stips B. TRANSPORTATION (1) Recommendation to approve a developer contribution agreement which will establish a credit on account for road impact fees which would otherwise be payable for the development of property owned by St. Monica's Episcopal Church, Inc., on '~ Immokalee Road. w/ stips (2) Recommendation of Board approval of specific processing ~//~conditions to an excavation permit application for the S.R. 951 project, and to negotiate an agreement with the fee owner of the Marco Shores Unit 30 excavation site. (3~$~Recommendation to designate County-owned property in ~ ~/~ Vanderbilt Beach as road right-of-way for the purposes of /~ permitting the installation of sidewalk, signing, and // ' landscaping improvements. C. PUblIC SERVICES ~/~1) Recommendation that the Board of County Commissioners adopt a /\ Resolution allowing the expenditure of County funds relative /~ to awards recognizing community service groups. Reso. 94-14 D. UTILITIES t QI)"' Recommendation to Award Bid #93-2112 for Odor Control Units to ~'~ Branch Environmental Corporation of Somerville, New Jersey. /Request for Increased Funding Authorization for Centralized Training for Utilities Division Personnel through the Florida // Water and Pollution Control Operators Association. /(3) Consent to Use Easement Agreement - Collier's Reserve. ~DMINISTRATIVE SERVICES EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES 7 January 11, 1994 COUNTY MANAGER Recommendation to execute a statutory deed conveying the interest previously acquired via donation to rectify an error on the public records. (~ Recommendation to award a construction contract to the lowest ,/ bidder, Apac-Florida, Inc., for Santa Barbara Blvd./Logan .~ Blvd. Four-Laning Improvements Bid No. 93-2103. ~M~~ )S t'NE1 fOUa is a tSi~~EED MOTION authorizing the Chairman to // sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 93-693-MMA ($25.00), 93-949-CJA ($50.00), 93-1554-MI ($12~0), 92-7151-Ml~A ($62.50), 93-2002-M/~A ($25~0L 92-1407-CFA ($50.00). RECOMMEND APPROVAL. HER CONSTITUTIONAL OFFICERS ) To obtain the Board of County Commissioners approval of a resolution which allows Raymond James and Associates, Inc. to sell 104 shares of common stock and 60 shares of preferred stock in U.S. Homes on behalf of the County. Reso. 94-15 L. COUNTY ATTORNEY CONTINUED TO 1/18 MEETING ) Recommendation for approval of the Chairman of the Board of County Commissioners to execute, for the County,' the Settlement Agreement in the Matter of, Dennis J. Lynch, as Trustee under a Trust Agreement dated February 9, 1981, vs. Board of County Commissioners, Collier County, Florida, Case No. 92-1500-CA-01-WLB. 17. ADJOURI~ 8 January 11, 1994