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Recap 09/13/1994 R COLLIER COUNTY BOARD OF COUNTY CO~ISSIONERS AGENDA Tuesday, September 13, 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 W~O 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY MANAGER'S OFFICE. THE FOLLOWING ITEMS TO BE HEARD FROM 9: 00 A.M. - 12: 00 NOON. MID-MORNING BREAK AT 10:30 A.M. "~1. ~bCATION AND PLEDGE OF ALLEGIANCE 2~A~AL OF AGENDA ~ CONSENT A~ENDA f~ Approval of consent agenda. 3 .PPROVAL OF MINUTEs 15, 1994 - Special Meeting at Pelican Bay. ,4.~ROCLAMATIONS, SERVICE AWARDS AND PRESENTATIONS -- Appreciation to ~. Service Awards Fred Bloetscher /~ Kevin Rogan 5 years Solid Waste Department Approved w/changes 5/0 Approved w/changes 5/0 Approved 5/0 Acknowledged Presented Em ReCommendation to recognize Mary Esch, Public Services Division, as ployee of the Month for September 1994. Recognized C Proclamations · dustry Appreciation1 Week, September 19-23, 1994. Adopted 5/0 ~DD: D. Proclamation to the Golden Gate Community. Max A. Hasse, Jr. Day) Adpted 5/0 5. APPROVAL OF BUDGET AMENDMENTS .~Approval of Budget Amendments 6. APPROVAL OF CLERK'8 REPORT Ao Tabulation of Contracts & Documents 'Analysis of Changes to Reserves for Contingencies /~1. General Fund (001) For FY 93/94 I )2. Community Development Fund (113) For FY 93/94 /3. Facilities Construction Fund (301) For FY 93/94 BA's 94-380; 94-585; 94-616; 94-627; 94-631; 94-651/652 Adopted 5/0 ~/~ Robert G. Hines - Water service at Florida. (This item continued from September 13, per Board direction.) 60 Fountain Circle, Naples, August 16, to be heard on To be placed on Regular Agenda 10/4/94 8. COUNTY MANAGER'S REPORT , A. COMMUNITY DEVELOPMENT ~RANSPORTATION 1) Subject to pending policy, recommend the Board consider the "Collier/Naplescape '90s" proposal for the median landscaping of C.R. 846 (Immokalee Road) from U.S. 41 to C.R. 31 (Airport Road). (Continued from 9/6) Staff to enter into Two Party Agreement w/Collier Enterprises and bring back to the BCC. 5/0 C. PUBLIC SERVICES E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES Recommendation that the Board of County Commissioners authorize modification to operating schedules for Solid Waste Transfer Stations. Approved 5/0 Authorization pick-ups. of a pilot program to add weekly yard waste Approved; Staff to report back to the BCC in 6 months 5/O H. CO~Y MANAGER ~ / (1~ Award of Contract for Professional Services for Investigation To Missimer International ~/ / and Design of Additional Raw Water Supplies and New Wellfield in the amount of $723,100 ~ / tO provide Feedwater for the Expansion of the North County /y Regional Water Treatment Plant - RFP #94-2223. 5/0 ~INUED TO 2) Recommendation to award Clam Pass Park Utilities Bid No. 94-2264 to Vanderbilt Bay Construction, Inc. in the amount of $516,054.00 (Continued from 9/6/94). Continued to 9/20/94 COUNTy ATTORNEY'S REPORT A. Board consideration of proposed Agreement between the Board of / Trustees of the Internal Improvement Trust Fund, the Florida ~ Department of Environmental Protection, and Collier County, /~ regarding conveyance of the Marco Island Airport to the County in ~ exchange for conveyance by Collier County of 1,920 acres of land ~within the Fakahatchee Strand State Preserve; also specifying ~bligations regarding Janes Scenic Drive. (This item continued ~ Co the 9/20/94 meeting.) Continued to 9/20/94 N~ D TO CO INU~ 9/2~TIN~  Discussion of the Board's current policy on extra gain time. 3 Continued to 9/20/94 · BOARD OF, COUNTy COMMISSIONERS A. ~pointment of members  ority. 1~//A~pointment of members uncil, Inc. to the Collier County Housing Finance Res. 94-674 Adopted 3/0 (Comms. Saunders & Matthews out) Conroy & Reagan apptd. to the Southwest Florida Private Industry Res. 94-675 Adopted 3/0 (Comms. Saunders & Matthews out) Haas & Harold apptd. '~\\C.C/onfirmation of appointment rvices Advisory Council. of members to the Emergency Medical Res. 94-676 Adopted 5/0 Snapp & Reed apptd. .TINUED TO EETING Extra Gain Time: NEED MOTION authorizing Extra Inmate A# 35815 and A# 58258. RECOMMEND APPROVAL. Gain Time for Contd. to 9/20/94 OTHER CONSTITUTIONAL OFFICERS  PUBLIC COMMENT ON GENeRaL TOPICS A. Emily Maggio re LMAC Agenda item Letter to be sent requestins removal of agenda item LUNCH RECESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS WILL HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. AD~"ERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTs .(1) Petition No. R-94-2, Mr. Ronald J. LaFlamme of Architectural Design Corporation representing Mr. James Billie requesting a rezone from Conservation - ACSC/ST to Agriculture - ACSC/ST for property located on the south side of US-41 and approximately 3 miles east of the Port of the Islands in Section 13, Township 52 South, Range 28 East. (Companion Item: CU-94-4, Agenda Item 13(a)(1)) Ord. 94-45 Adopted 5/0 W/Stipulation (2) Petition NO. PUD-80-40(2), George Varnadoe of Young, VanAssenderp, Varnadoe & Benton, P.A. representing Johnson Bay Development Corp. for an amendment to the Marco Shores PUD, Ordinance No. 85-56 for the purpose of revising the heights of building, introducing new development standards for high rise ~uildings and lowering the overall number of authorized dwelling units for the Marco Shores Country Club PUD located east of S.R. 951 at Mainsail Drive, Sections 26 & 27, Township 51 South, Range 26 & 27 East. Ord. 94-41 w/ stip Adopted 5/0 (3) Petition No. PUD-83-1(7), Barbara H. Cawley of Wilson, Miller, / Barton & Peek, Inc., representing William T. Higgs requesting / an amendment to the Berkshire Lakes PUD, Ordinance No. 83-46 as /amended, for the purpose of revising the Master Plan for Parcel / E, to modify the number of single family detached housing units y to multiple family housing units to amend other sections in the / ~ Berkshire Lakes Planned Unit Development. (Companion Item: ~DOA-94-3, Agenda Item 12(C) (5)) Ord. 94-42 Adopted 5/0 (4) ~etition No. PUD-89-33, George Botner, ASLA, of Harmon, ~'Donnel & Henninger, Inc., representing Emerald Lakes Joint /Venture requesting a rezone from "A" rural agricultural / district to "PUD" Planned Unit Development District for a mixed / use residential project to be known as Lands End Preserve \ / located along the west side of Barefoot Williams Road in \/ Sections 4 and 5, Township 51 South, Range 26 East, Collier · County, Florida. Ord. 94-43 Adopted 5/0 w/ citiation correction OTHER (1) Recommendation that the Board of County Commissioners approve an Ordinance to be known as the Billing and Collection Procedure for County provided ambulance and Emergency Medical Services; providing for findings and purpose; providing for applicability; providing for rates, fees, and charges; providing for billing and collection procedures; providing for / Medicaid billings; providing for Medicare and other third party ~/ billings; providing for alternative methods of payment; //~ providing civil action procedures; repealing in part, previously adopted Ordinances/Resolutions; providing for ~ conflict and severability; providing for an effective date. Ord. 94-44 Adopted 5/0 Res. 94-679 Adopted 5/0 Petition CCSL-94-6: Mr. Jerry Neal, ~nagement, representing Collier Office of Capital Projects County Board of County Res. 94-680 Adopted 5/0 Commissioners; requesting a Variance from the coastal construction setback line to allow construction of a wooden handicapped ramp for beach access between Lots 32 and 33, Block C' Unit 1 of Connors Vanderbilt Beach Estates, in Section 29, ownship 48 South, Range 25 East, Collier County, Florida. ontinued from the meeting of 08/09/94) (3) Petition CCSL-94-9: Mr. Jerry Neal, Office of Capital Projects ~' Management, representing Collier County Board of County ~ ~ Commissioners; requesting a Variance from the coastal ~ / /construction setback line to allow construction of a wooden ~/ /handicapped ramp for beach access on Lot 1, Block A, Unit 2, of ~ / Baker Carroll Point on Vanderbilt Beach, in Section 29, /\ ~ Township 48 South, Range 25 East, Collier County, Florida. ? (Continued from the meeting of 08/09/94) Res. 94-681 Adopted 5/0 (4) Petition CCSL-94-8: Mr. Jerry Neal, Office of Capital Projects Mgnagement, representing Collier County Board of County gommissioners; requesting a Variance from the coastal ~onstruction setback line to allow construction of a wooden /handicapped ramp for beach access between Lots 20 and 21, Block / A, Unit 1 of Connors Vanderbilt Beach Estates, in Section 29, ~ V Township 48 South, Range 25 East, Collier County, Florida. (Continued from the meeting of 08/09/94) Res. 94-682 Adopted 5/0 (5) Petition No. DOA-94-3, Resolution of the Board of County ~ommissioners of Collier County determining that revisions to /the Berkshire Lakes Development Order does/or does not / constitute a substantial deviation requiring further / Development of Regional Impact Review. (Companion Item V PUD-83-1(7), Agenda Item 12(B) (3)). Res. 94-677 A~opted 5/0 Recommendation to adopt the attached Ordinance regulating Public Hearing continued stockpiled materials at construction sites and regulating to meeting of October 11, abandoned construction. 1994 (7) Petition No. DOA-94-3, Barbara H. Cawley of Wilson, Miller, /,'Barton and Peek, Inc., representing William T. Higgs requesting /an amendment to the Berkshire Lakes Development of Regional / Impact Development Order 83-1 as amended, for the purpose of / amending a portion of the overall Master Plan for Tract E and . / to reinforce the fact that the Berkshire Lakes PUD Ordinance ~/ Number 83-46 as amended is part of the Development Order by V reference. 6 Res. 94-678 Adopted 5/0 (8) ~etition AV 94-012, Butler Engineering, Inc., as agent for /owner, W. S. Realty, Inc., requesting vacation of a ten foot \ . / (10') drainage easement located on a portion of Tract N on the ~7/ Plat of Windstar, as recorded in Plat Book 14, Pages 11-15, of the Public Records of Collier County, Florida. Res. 94-683 Adop 4/0 (Comm. Saunders out) 13. BOARD OF $ON~NG APPEALS A. AQVERTISED PUBLIC HEARINGS (1) Petition No. CU-94-4, Mr. Ronald J. LaFlamme ~f Architectural Design Corporation representing Mr. James Billie requesting a conditional use 23 of the Agricultural - ACSC/ST Zoning District to allow for a museum & cultural facilities for property located on the south side of US-41 and approximately 3 miles east of the Port of the Islands in Section 13, Township 52 South, Range 28 East. (Companion Item: R-94-2, Agenda Item 12(B)(1)) Res. 94-684 Adopted 5/0 W/Stipulation WITHDRAWN: ~ / (2) Petition NO. AW-94-1, Mark Lamoureux representing Alexander ~/ Neumann of Savannah Restaurant requesting a 98 foot waiver from ~ the minimum required separation of 500 feet between places ..~ /~ serving alcoholic beverages and a day care center for a / ~restaurant located at 5200 North Tamiami Trail, resulting in a .//~402 foot separation distance. xisting school. is requesting the Conditional Zoning District to expand an Withdrawn Res. 94-685 Adopted 4/0 (Comm. Saunders out) 4) Petition SV-94-3, David E. Weston of Maritime Venture I, Inc., requesting a 15-foot variance from the required front yard setback established for signs of 15 feet to zero feet and a 15-foot variance from the required side yard setback established for signs of 15 feet to zero feet, for a ground sign, for the property located off S.R. 92A in the Village of Goodland. Res. 94-686 Adopted 4/0 (Comm. Saunders out) etition No. CU-94-2, Craig Smith, requesting a second 7 Res. 94-687 Adopted 4/0 (Comm. Saunders out) extension for Conditional Uses 19 and 20 of the "A" zoning district for sports instructional schools and camps and sporting and recreational camps, for property located on the north side of Pine Ridge Road approximately 3/4 mile east of Airport-Pulling Road in Section 12, Township 49 South, Range 25 East,. consisting of 5.88+ acres. 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATI0~8 a. Update on Glades retension ponds. ~/~. Update on Marco Island Airport. ,~c. Friends of Barefoot Beach Preserve Agreement. ~'/~. Workshop for Utilities' computer/software consultant - budget hearing on 9/28. prior to Discussions continuing with owner and Staff addressing alternatives. Attempts to salvage original agreement being made and alternatives being addressed, Staff to contact Ms. Maggio to alleviate her concerns. Workshop to begin at 4:00 PM Reminder: September 15th CPTED Workshop. Economic Advisory Council Public Hearing to be adver- tised to amend Ordinance allowing all 12 members to vote. 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. COMMUNITY DEVE~QpMENT (1) Acceptance for relocation of Pelican Marsh. sewer utility easement for Approved and/or Adopted 5/O (2)' /Recommendation to grant preliminary acceptance of the ~ /~oadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Two". Water and sewer facilities acceptance for Briarwood Unit Two. Recommendation to accept the security for Excavation Permit No. 59.515 "Egret's Walk", located in Section 34, Township 48 South, Range 25 East. Recommendation to approve Lien Resolution for Compliance Services Case No. 40610-029; owner of record - Richard Love. Recommendation to approve Lien Resolution for Compliance Services Case No. 40614-027; owner of record - Douglas M. Kelly & Deborah L. Kelly. Recommendation to approve Lien Resolution for Compliance Services Case No. 20901-025; owner of record - Linda Ann Hopper. Recommendation to approve Lien Resolution for Compliance Services Case No. 40314-035; owner of record - Zbigniew Tomszay and Dorila M. Tomszay. Recommendation to approve Lien Resolution for Compliance Services Case No. 40314-136; owner of record - Albert Doria & Veronica Doria. /0) Recommendation to approve Lien Resolution for Compliance Services Case No. 40404-032; owner of record - Ramon Castro, Rosa Castro and Ercilia Anzualoa. ~(l~Recommendation to approve Lien Resolution for Compliance / ~~j~ i~%~e~ndCa~ci~.C~t0~t12-034; owner of record - Jose Luis X (12)/Recommendation to approve Lien Resolution for Compliance / \ / Services Case No. 40606-029; owner of record - Mabel M. ~ ~V Albrecht ET AL. 9 Res. 94-657 With Stipulations Res. 94-658 Res. 94-659 Res. 94-660 Res. 94-661 Res. 94-662 Res. 94-663 Res. 94-664 Res. 94-665 3)/~ecommendation to approve Lien Resolution for Compliance Res. 94-666 errices Case No. 4'~ ' S 0610-028; owner of record - Rick Love. %~(1~ Recommendation to approve Lien Resolution for Compliance Res. 94-667 ~ /~, SerVices Case No. 40328-018; owner of record - Douglas L. C~rter and Sandra Carter. l~/R With StipulatioN ,, ecommendation to approve for recording the final plat of ~_~_ ~/~ Bouganvillas". B. TRANSPORTATION CONTINUED TO 9/20~MEETING Recommendation to recognize a portion of the Road Impact Fee District 2 fund 333, and a portion of the Road Impact Fee District 3 Fund 334 Carry Forward. (This item has been continued). Continued to 9/20/94 C. PUBLIC/SERVICES ~/ (1)~ecommendation that the Board of County Commissioners approve ~ ~ / an agreement with the Friends of Barefoot Beach Preserve, /~k / Inc. for the purpose of operating an educational/learning ~ ~/ center to be located at Barefoot Beach County Park. Officials Association for the purpose of providing sports officials for County sponsored activities. D. UTILITIES E. ADMINISTRATIVE SERVICES ) Recommendation to authorize the purchase of automobiles and light trucks from specified vendors based upon the results of "Fleet Vehicles" Bid #94-2268. ) Recommendation to have the Board execute a purchasing agreement with Johnson Controls, Inc. for energy management and building automation. In the estimated amount of $900,000 Formal Bid Process Waived; Purchasing Agreement with Johnson Controls 10 CONTINUED TO 9/20 MEETING (3) ~Recommendation to approve a budget amendment and award bid · /#94-2262 for purchase of a fleet service lift. (This item has een continued). Recommendation to award Annual Bid #94-2230 through 94-2250 for Fiscal Year 1994/95. F. ~MERG~NCy SERVICES (1) Recommendation that the Board of County Commissioners approve a leasehold Agreement between the City of Naples Airport Authority and Collier County for vacant land to accommodate a future EMS heliport and aircraft hangar at the City of Naples Airport. Continued to 9/20/94 Continued to 9/20/94 To be leased at $499.48 per month for the 1st and 2nd years E RO ENTAL SERViCeS (1) ~ecommendation that the Board of County Commissioners adopts a resolution authorizing recording of notices of delinquent special assessments for solid waste collection and disposal services for the 1992 service year. Recommendation that the Board of County Commissioners approve recognizing Carry Forward in the Mandatory Trash Collection Fund to increase revenue and expenses in Fund 473 (Mandatory Trash Collection) and approve appropriate budget amendment. Res. 94-668 Approval of Change Order No. 5 (Final) to the construction contract with Stevens & Layton, Inc. for the East Golden Gate Wellfield Expansion Contract 2 Project and authorizing the Project Manager to execute said Change Order. Recommendation that the Board of County Commissioners approve an increase in the contract amount for Gee and Jenson, Inc. Request for budget amendment for funds 193, 194, and 195 (Tourist Development Tax Funds) to increase payment to the Tax Collector. 11 Continued to 9/20/94 In the amt. of $450.00 for the North Naples Library In the amt. of $49,000 CONTINUED TO 9/20 MEETING o ~ (4~ecommendation to approve budget amendments reallocating funds y Project for FY 1993-94. (This item has been continued). I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE /91i(1) Sa3tisfactiOn Of Lien: NEED MOTION authorizing the chairman tO gn Satisfaction of Lien for Services of the Public Defender r Case Nos. 92-1531-CFA ($50.00), 94-5099-MMA ($25.00), -778-MI~A ($50.00), 94-782-CFB ($50.00), 94-737-CJA ($50.00), -503-CJA ($37.50), 92-9718-MMA ($25.00), 93-2782-MMA 25.00), 94-2152-MMA ($25.00), 92-1568-CFA ($50.00), ~ ~v 86-5858-TM ($212.50), 87-91-M~A ($12.50), 94-1042-Mi~A . ~ ~ ($25.00). RECOMMEND APPROVAL. Continued to 9/20/94 ~ K. OTHER ~ONSTITUTIONAL OFFIC~R~ ~ / (i/Recommendation that the Board authorize its Chairman to ~/ // execute Satisfaction of Lien documents and direct the Clerk of ~// Courts to record same in the public records of Collier County. COUNty ATTORNEY Recommendation that the Board adopt a Resolution to approve Certificates for Correction to add certain residential units to the 1991 Solid Waste Collection and Disposal Ser-~ices Special Assessment Roll, approve the applications for hardship deferment of payment for certain residential properties and approve the Notice of Claim of Liens. Res. 94-669 ~ 7(2) ~ecommendation that the Board adopt a Resolution to approve a ~w/ /Certificate of Correction to add certain residential units to ~ / the 1991 Solid Waste Collection and Disposal Services Special · ~ Assessment Roll and approve the Notice of Claim of Lien. Res. 94-670 .~3) Recommendation that the Board adopt a Resolution approving the ap/plication for Hardship Deferment of payment for the 1991 ~lid Waste Collection and Disposal Services Special ~//Assessment. /~4) R~ommendation that the Board adopt a Resolution approving the ~ /~p_pl. ications for hardship deferment of payment for the 1992 /Solid Waste Collection and Disposal Services Special /~.~ Assessment. Res. 94-671 Res. 94-672 12 (5) R~commendation that the Board adopt a Resolution approving the . ~o~ca%~°s%Se f°~ol~%dt~hoi~ d~rm%~p%~a~ayms%ntrvi~ t~%e~~ Assess/,ment- ~(~ Th the BCC approve a contract agreement with the Gulf Coast  ling Council, Inc. for Tourist Development Tax funding for ~ior Professional Bowlers Association Open. ~7. ~D~OUP,~ Res. 94-673 In an amt. not-to-exceed $39,350 13