Recap 07/27/1993 RNOTICE:
COLLIER COUNTY
~0~D OF COUNTY COMMISSIONERS
AGENDA
Tuesday, July 27, 1993
9:00 a.m.
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.
INVOCATION:
· PLEDGE OF ~LLEGIANCE
~//APPROVAL OF AGENDA AND CONSENT AGENDA
A. Approval of consent agenda.
/A?PROVAL OF MINUTES
.~June 29, 1993 - Regular meeting (resubmitted).
~OCLAMATIONS. SERVICE AWARDS A~D PRESENTATIONS
A. Service Awards
Deena L. Quinn 5 years Real Property
Eula M. Parkman 5 years Golden Gate Community Center
Robert A. Bizich 5 years Utilities/Wastewater
Approved w/changes'. 5/0
Approved and/or Adopted..
5/0
ApDroved. as resutxnitted.
5/0
Presented.
Emergency Medical Services Phoenix Award Presentation
Jorge Aguilera
Rick Bardell
Jay Bridenthal
Rich Dorazio
Tim Earles (2 awards)
Ricky Garcia
John Katzenberger
David Kitchen
Sue LeMay
Tom Maguire
Jo Mihalek
Frank Millot
Juan Ortega
Erin Percival
John Poczynski (2 awards)
Kevin Potter
Mike Sullivan
Brian swindale
Matt Vila (2 awards)
Presented.
Proclamation
Recommendation that the Board of County Commissioners, along with
Project Consultants, Coastal Engineering, Inc., and Mr. Jeff Moore,
a registered Landscape Architect, accept an annual award from the
Florida Chapter of the American Society of Landscape Architects for
the BareZoot Beach County Park Dune Restoration project.
Accepted
G c. Presentation of The Distinguished Budget Presentation Award of the
overnment Finance Officer's Association.
Presented
G. APPROV~%L OF CLERK'S REPORT
A. Budget Amendments
.Regarding matters not previously discussed for 1993:2
Regarding matters previously discussed for 1993:2
_ ~3. Budget Amendment Resolution No.: 93-40
B. Tabulation of Contracts & Documents
BA's 93-390 & 93-391
Adopted..5/0
BA's 93-394 & 93-395
AdQDted. 5/0
BAR 93-40 Adopted. 5/0
1.
2.
3.
Analysis of Changes to Reserves for Contingencies
General Fund (001) for FY 92/93
Community Development Fund (113) for FY 92/93
Facilities Construction Fund (301) for FY 92/93
D~no present to the Board of County Commissioners Interim Financial
formation on the Collier County Enterprise Funds.
Presented
E.t/To provide the Board with Interim Financial Information as of June
30, 1993.
Presented
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
ITEMS TO BE HE~tD FROM 9:00 A.M. - 12:00 NOON.
10:30
MID-MORNING BREAK AT
A.
COMMUNITY DEVELOPMENT
(1) Recommendation to approve Excavation Permit No. 59.476 "Mustang
Plantation" located in Secs. 27, 28 and 33, T50S, R26E, bounded
by Lely Resort Boulevard to the East, Wildflower Way to the
North, Lely High School and undeveloped lands zoned "A" to the
West, end U.S. 41 to the South.
Continued
B. TRANSPORTATION
) Recommendation to approve and execute a Supplemental Agreement Approved w/changes..5/0
with Wilson, Miller, Barton & Peek, Inc. for the Rattlesnake-
Hammock Road corridor between junctions U.S. 41 and C.R. 951
pursuant to prior Board approval of negotiated fees (November
3, 1992;. Item 16B(3)); CIE Project No. 017.
Recommendation to approve and authorize a Supplemental
Agreement with CH2M]{ill, Inc. for final design services for
Pine Ridge Road Six-laning improvements (Junction U.S. 41 to
Junction C.R. 31), County CIE Project No. 014.
~3>~uecommendation to approve a contract amendment to an existing
~/ , utility relocation agreement and to approve two additional
~ / agreements with Florida Power & Light Company (FPL) for the
I/ construction of S.R. 951 south of U.S. 41 in the total a~ount
~ of $1,016,130; CIE Project No. 012.
4) Review hearing of appeal by Saks Fifth Avenue/Morse Diesel of
road impact fee amount for Waterside Shops expansion, Pelican
Bay.
Approved. 5/0
Approved. 5/0
Appeal denied. 5/0
PUBLIC SERVICE~
(1) A presentation by Jay Kassack, Acting District Administrator
for District 8 of the Health and Rehabilitative Services (HRS).
No action
ADMINISTRATIVE SERVICES
(~scussion/report of fire district consolidation.
eting of 8/3/93).
(Continued Continued
G. ENVIRONMENTAL SERVICES
H. ~OUNTY MANAGER
kk~Adopt Tentative Millage Rates and set Public Hearing dates for lq~.SO. 93-285 AdoDted
adoption of the Fiscal Year 1993-94 Collier County Budget. 5/0, 9/8/93 & 9/h2/93
hearing dates 5:05 p.m.
COUNTY ATTORNEY' S REPOR~
BOARD OF COUNTY COMMISSIONERS
~ Consideration of Agreement in reference to Indian
Collier County Museum. (Commissioner Saunders)
Festivals at
Continued to 8/3/93
3/2 (Cu,~s. Saunders &
Matthews opposed)
Richard D. Wood representing the Property Owners of Naples Park Staff to continue traffi
regarding traffic concerns in Naples Park. evaluations & hold publi
wrkshops & re.Dortback t
~.~ Resolution of intent to amend Sections One, Three and
/~rdinance No. 84-44, as amended by Ordinance No. 87-43 or,
/alternative, to repeal Ordinance No. 84-44, as amended,
/entirety.
Discussion regarding 800 MHz issues.
Five of Reso. 93-286 Adopted
in the 5/0
in its
Staff topersue license
under BCC and file repo~
OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON OENERAL TOP~CR
4
LUNCH RECESS 12:00 NOON - 1:00 A.M. PUBLIC HEARINGS TO BE HEARD AT
1500 P.M.
,,12. ~DVER~ISED ~UBLIC HE~RINGS - BCC
\~, A. ~QMPREHENSIVE PLAN AMENDMenTS
~ (1) ~e-adoption of the 1992 Growth Management Plan Amendments,
~ ~including reconsideration of the Level of Service Standard for
~ ~library collection adopted by Ordinance No. 93-24 and
k ~// re-adoption of the Stipulated Remedial Plan Amendments adopted
~/~ by Ordinance No. 93-25 in compliance with Administration
/ ~Commission Final Order No. AC-93-036 to correct a procedural
( ~rror in filing the Ordinance with the Secretary of State.
Ord. 93-40 Adopted 5/0
Ord. 93-41 Adopted
w/changes 5/0
B. $ONING AMENDMENTS
Petition PUD-92-13, Q. Grady Minor & Associates representing
Samuel Harrison and Albert .Hubschman and Teryl Bryant for
rezoning from PUD to PUD and "E-ST" to PUD for repealing and
readopting the Falling Waters PUD covering an expanded area for
property located south of Davis Boulevard (S.R. 84) and west of
the proposed alignment of Santa Barbara Boulevard, all in Sec.
8, T50S, R26E.
Ord. 93-42 Adopted
subject to stipulatiorm
and additional
conditions 5/0.
/ /.2) Petition PUD-84-24(1), Neale Montgomery of Pavese, Garner,
Hayerfield, Dalton, Harrison and Jensen, representing
Nationsbank of Florida, N.A., Trustee for The Parklands Trust
.~ Beneficiaries for a petition to fezone certain land from PUD to
PUD known as The Parklands PUD in order to bring about certain
amendments to reflect a reduction in the total area of the PUD
of 323 acres, more or less, a proportionate reduction in the
number of dwelling units, and to update the PUD Document to
~efl~ct references to the Land Development Code. (Companion to
-~ Agenda Items 12C.(3) and 12C.(4)
Ord. 93-43Adopted
w/amendments. 5/0
//'PUD to PUD for purposes of attaching to the Quail
// tract of land taken out of The Parklands PUD for
\/~ .titled Quail West I and III for property located
~,~T48S, R26E, containing 323.19 acres.
(3) Petition PUD-89-3(1), William R. Vines of Vines & Associates,
Inc., representing Quail West Limited, requesting a fezone from
West PUD a
a project
in Sec. 8,
Ord. 93-44 Adopted
subject to staff's
stipulations. 5/0
C. OTHER
1) Amendments to Collier County Construction Ordinance No. 92-70,
Appendix "J", Hurricane Requirements. (Continued to the
meeting of 8/24/93)
Continued to 8/24/93
CON~2) Recommendation to adopt
in Collier County.
an Ordinance regulating swimming pools Continued
Resolution of the Board of County Commissioners of Collier
County determining that revisions to The Parklands Development
Order does/does not constitute a substantial deviation
requiring further Development of Regional Impact review.
(Companion to Agenda Items 12B.(2) and 12C.(4)
Reso. 93-287 dete/m%inin
that revisions do not
constitute a substantia
deviation. Adopted 5/0
(4) Petition DOA-93-1, Neale Montgomery of Pavese, Garner,
Hayerfield, Dalton, Harrison and Jensen representing
DNationsbank of Florida, N.A., Trustee for The Parklands Trust
Beneficiaries for a petition to amend The Parklands Development
of Regional Impact (DRI) Development Order 85-4 for the
purposes of deleting some 323 acres, more or less, from said
evelopment Order, and amending the Master Plan to reflect the
eleted area, extending the commencement and build out date by
ire years, and making certain modifications to Sec. 9,
Transportation Section, for property located in Secs. 8 and 9,
T48S, 'R26E. (Companion to Agenda Items 12B.(2) and 12C.(3)
) A Public Hearing to consider adoption of an ordinance amending
Ordinance No. 85-39 pertaining to the Naples Production Park
Municipal Service Taxing and Benefit Unit.
Dev. Order 93-1
Adopted w/changes 5/0
Beso. 93~288 Adopted
w/changes 5/0
Ord. 93-45 Adopted. 4/~
(CcFansr. Matthews out)
(6~A Public Hearing to consider adoption of an ordinance amending
/ 9rdinance No. 85-32 pertaining to the Pine Ridge Industrial
.~Park Municipal Service Taxing and Benefit Unit.
Ord. 93.-46 Adop_ted. 4/0
(.Crmms~l/~atthews out)..
(7) A Public Hearing to consider adoption of a resolution approving
the Preliminary Assessment Roll as the Final Assessment Roll
and adopting same as the Non-Ad Valorem Assessment Roll for
purposes of utilizing the uniform method of collection pursuant
to Section 197.3632, Florida Statutes, for the construction of
road improvements, drainage improvements, water distribution
system and sanitary sewer system within the Naples Production
Park Municipal Service Taxing and Benefit Unit.
Continued to 8/3/93
5/O
(8) A ~lic Hearing to consider adoption of a resolution approving
t~ Preliminary Assessment Roll as the Final Assessment Roll
/~nd adopting same as the Non-Ad Valorem Assessment Roll for
/purposes of utilizing the uniform method of collection pursuant
l/ to Section 197-3632, Florida Statutes, for the construction of
road improvements, drainage improvements, water distribution
system and sanitary sewer system within the Pine Ridge
Industrial Park Municipal Service Taxing and Benefit Unit.
Res. 93.--2~9 Adooted,
with changes. 3/0
ecommendation to adopt resolutions approving amendments to the
iscal Year 1992-93 adopted budget.
BAR's 93-35 through
93-39 Adopted. 5/0
,(10) Public Hearing to consider adoption of Ordinance amending
/ Collier County Ordinance No. 90-30, as amended, the Mandatory
/ S~lid Waste Collection and Disposal Ordinance, by amending
~ /Section Twenty-one: Exemption Permits for Commercial and
/~ / Residential Property; Procedure for Obtaining and Revoking
%/ Exemption Permits.
Ord. 93-47 Adopted. 5/£
13. BOARD OF ZONING APpEAL~
A. ADVERTISED PUBLIC HEARINGS
Petition A-93-4, Mike Davis representing Swamp Buggy, Inc.,
requesting an Administrative Appeal of the Site Development
Review Director's decision that a flea market located at the
Florida Sports Park is inconsistent with and not permitted by
either the Collier County Growth Management Plan or the Land
Development Code (as implemented by the Swamp Buggy Days PUD).
Appeal oranted; flea
mkt allowed to continu~
at current site. 5/0
(2~/Petition CU-93-6, Nancy Ross representing Temple Shalom, Inc.,
/requesting Conditional Use 2.2.3.3.3 of the Estates Zoning
~ /District for a child .care center for property located on the
//south side of Pine Ridge Road (C.R. 896) approximately 4,090
A / feet west of County Road 951 referenced as Lot 65 and 68, Unit
~/ ~ 26, Golden Gate Estates in Sec. 15, T49S, R26E, consisting of
approximately 9.5 acres.
Res. 93-290 Adopted
w/Agreement Sheet. 5/0
Petition CU-93-8, William L. McDaniel representing Maurice Kane
requesting Conditional Use 2.2.15.3.4 of the C-4 Zoning
District for a used car lot for property located at the
southeast intersection of Pine Ridge Road (C.R. 896) and U.S.
41 in Sec. 15, T49S, R25E, consisting of approximately 1.9
acres.
,Motion to approve faile
3/1 (-Ccm~sr VolDe oppsd
Cc~0sr. Saunders
abstained)
(/Petition CU-93-7, Tract "B" as owner and Marco Movies, Inc., as
,~/ I~.ssee, requesting Conditional Use "7" .of the C-3 Zoning
/District for a motion picture theater for property located at
~ / 599 South Collier Boulevard, Unit 103-A (Mission De San Marco
~Plaza), further described as Tract B, Marco Beach Unit 7.
.Des. 93-291 Adopted
5/0
(5) Petition V-93-10, Beck and Becky Weaver, requesting a 48 foot
variance from the required rear yard of 75 feet to 27 feet in
order to allow an existing single-family home to remain as
constructed for property located at 1170 St. Clair Shores Road,
further described as the North % of the North % of the
Southwest % of the Southeast % of the Northeast %, less the
East 30 feet, of Sec. 31, T49S, R26E.
Res. 93-292 Adopted
5/O
B. OTHER
il)/Petition CU-92-7, Fred Bloetscher, P.E., of the Collier County
/ Utilities Division, requesting extension of Conditional Use for
/a sewage treatment plant including percolation ponds for
/ property located approximately % mile south of Immokalee Road
\/ adjacent to the east side of Goodlette-Frank Road in Secs. 26
rand 27, T48S, R25E, consisting of 76.7± acres.
Res. 93-293 Adopted
5/0
Inc., representing
R. L. Schmeckpeper of R. L. Schmeckpeper,
Faith Lutheran Church of Naples, Florida,
Res. 93~294 Adopted
5/0
ARD OF COU]F~ COMMISSIONERS, COMMUNICATIONS
Inc., requesting extension of a Conditional Use for accessory
uses to a church that has previously received Conditional Use
(formerly known as Provisional Use) approval for property
located within the northeast quadrant of Goodlette-Frank Road
and Solana Road in Sec. 15, T49S, R25E, consisting of 8.01~
acres.
15. STAFF,S COMMUN~CATIONS
ADD:
A. Discussion regarding the Pelican Bay utilities merger.
ct_v. M~r. reported tha~
it has been requested
that funds accumulated
in Water/SewerUtil. ~
used to offset Draina~
Bonds.
16.
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.
Approvedand/or
Adopted. 5/0:
A. COMMUNITY DEVELOPMenT
(s)
Recommendation to authorize payment for the removal of downed
trees and debris resulting from Hurricane Andrew in areas in
Collier County other than Marco Island.
Recommendation to accept a Maintenance Bond Rider for Bond No.
K04334127, Emerald Lakes at Bridget Lake, Unit Five.
In the amount of
$14,050
~3)~ecommendation to grant final acceptance of
/drainage, water and sewer improvements for the
/"Southport on the Bay, Unit One".
the roadway, Res. 93-276
final plat of
(4~ecommendation to g~ant final acceptance of the roadway, P~S. 93-277
drainage, water and sewer improvements for the final plat of
"Southport on the Bay, Unit Two".
(5)~ecommendation to grant final acceptance of the roadway, I~s. 93-278
drainage, water and sewer improvements for the final plat of
"Queens Park at Lago Verde, Phase Three".
/ Recommendation to grant final acceptance of the roadway, Res. 93-279
drainage, water and sewer improvements for the final plat of
"951 Commerce Center".
(~/Recommendation to grant preliminary acceptance of the roadway, Res. 93-280 w/stiDs
drainage, water and sewer improvements for "Nape Boulevard".
ecommendation to accept the amendment to Letter of Credit No.
S13878 for "Nape Boulevard at The Vineyards" located in Sec.
8, T49S, R26E.
'~(9)
Recommendation to accept the security for Excavation Permit
No. 59.473 "Lexington at Lone Oak" located in Sec. 1, T49S,'
R25E.
B. . TRANSPORTATION
~/ (1/) Recommendation to accept the land interest conveyed to Collier
/~ / County for right-of-way in order to construct roadway
/ ~ / improvements upon 111th Avenue and to partially satisfy
~/ Ordinance 90-45 (Beachway PUD).
(2)~ecommendation that the Board of County Commissioners
authorize the Chairman to sign a letter addressed to the Corps
of Engineers requesting permit processing of Livingston Road
permit application.
PUBLIC SERVICE~
/~) Recommendation to approve an Amendment to the Agreement
10
between Collier County and the State of Florida Department of
~Natural Resources for the use of Florida Boating Improvement
/ 'program Funds for the project Conklin Point Boat Launch Park
renamed Cocohatchee River Park.
D. UTILITIES
Recommendation to approve and execute the Satisfactions of
Notice of Promise to Pay and Agreement to Extend Payment of
Sewer Impact Fees for David and Ellen Burns, Joan Theresa
craig, Emilio and Linda Sadez and Lucy D'Amico Yoke
~)Approval of Change Order No. 6 (Final) to construction
~ // contract with Florida State Underground, Inc. for the S.R. 951
~ X / Water and Sewer Project and authorize the Utilities
/~ Administrator to execute said change order.
Approval of Submerged Land Use Agreement for an Aerial
Crossing over Cocohatchee River for a 20-inch Water Main.
In the amount of
~168,308.73
~4) Approval of Emergency Purchase Order
Hauling.
/
5) Recommendation to modif~ approval of
Ammonia. Lease Agreement.
#Z93-016 for Sewage In the amount of-$7,750
to J.C. Drainfield
Repair, Inc.
previously-approved
) Approve the'emergency purchase of (1) main generator breaker
for the Regional Water Treatment Facility.
In the amount of
$23,116.75
.~7) Approve the Emergency Purchase of Chemicals for the North In the amount of
County Regional Water Treatment Plant. $195,253.77
E.~ ADMINISTRATIVE SERVICES
~1) Recommendation that the Board award RFP #93-2046 for dental
insurance to Oral Health Services of Florida.
Recommendation to approve a plan to complete remedial cleaning
of HVAC systems in selected county buildings.
Recommendation to revise Sections 0280 Paid Leaves of Absence R~.S. 93-281
and 0290 Unpaid Leaves of Absence of the Personnel Rules and
Regulations to comply with the Family and Medical Leave Act of
1993.
F. EMERGENCY SERVICES
iCoo7Ommendation to adopt a Resolution approving an Agreement
ween Collier County and the State of Florida Department of
unity Affairs for matching funds for preventive and
rective maintenance to communications equipment assigned to
the Emergency Management Department.
Res. 93-282
,,,,cReCommendation to adopt a Resolution approving Agreements
between Collier County and the State of Florida Department of
Community Affairs for the enhancement of emergency
ommunications within the County.
~NVIRONMENTAL SERVICES
~ (1) Recommendation that the Board of County Commissioners approve
/Certificates of Correction to the 1991, 1992, and 1993 Solid
/ Waste Collection Assessment Rolls and authorize the Chairman
to sign the Certificates on behalf of the Board of County
Commissioners.
Res. 93-283
(2) Recommendation that the Board of County Commissioners adopt a
jR~solution adding units to the 1993 Collier County Mandatory
/Solid Waste Collection Special Assessment Rolls and authorize
/~w/ the Chairman to execute Certificates of Correction
corresponding to this Resolution.
.Res. 93-284
COUNTY MANAGE~
(1) THIS ITEM HAS BEEN DELETED.
Deleted
Recommendation that the Board 'of County Commissioners award
Bid 93-2045, and authorize the Chairman to execute a
Construction Agreement for the Immokalee Emergency Services
Center.
Awarded to Innovative
Builders, Inc., in the
amount of $983, 000
I. ~BOARD OF COUNTY COMMISSIONERS .
,---J./~MISCELLANEOUS CORRESPONDENCE
~ 1. Extra Gain Time: NEED MOTION authorizing
Inmate No. 72939. RECOMMEND APPROVAL. Extra Gain Time
12
for
Satisfaction of Lien: NEED MOTION authorizing the Chairman to
sign satisfaction of Lien for Services of the Public Defender
for Case Nos. 93-146-MI ($25.00), 92-968-CJA ($12.50),
91-1299-CJA ($100.00), 92-1901-CJA ($50.00), 93-294-CJA
($25.00), 93-819-MMA ($25.00), 93-1756-M~A ($75.00),
92-7758-MMA ($25.0Q), 91-1516-CJA ($62.50), 92-894-CJA
($37.50), 92-1376-CJA ($12.50), 92-239-CJA ($87.50),
91-1275-CJA ($25.00), 92-702-CJA ($37.50), 88-4681-TMC
($12.50), 92-6747-MMA ($50.00), 92-6714-MMA ($25.00),
92-6945-MMA ($25.00), 92-4120-MMA ($25.00), 90-7237-TN
($25.00), 92-275-CFA ($75.00), 91-4276-TMC ($12.50),
91-1976-CFA ($50.00), 92-9624-MMA ($25.00), 91-149-CFA
($425.00), 93-4267-MMA ($12.50), 91-1635-CFA ($62.50),
92-1820-MMA ($12.50), 91-3426-TM ($100.00), 92-5534-MMA
($50.00), 91-6010-TM ($50.00), 92-217-MMA ($12.50),
92-2407-MMA ($12.50), 89-593-MI ($25.00), 92-1386-MMA
($12.50), 92-1386-MMA ($25.00), 93-911-MI ($25.00), 92-675~MMA
($205.00), 93-12-CJA ($50.00), 92-233-CFA ($50.00),
92-6199-MMA ($25.00), 92-155-MI ($12.50), 93-915-MI ($25.00),
92-6620-Ml~A ($25.00), 91-782-CFA ($50.00), 91-1681-CFA
($50.00), 91-584-CFA ($50.00) APPROVAL.
17 ·
K. OTHER CONSTITUTIONAL OFFICERS
L. COUNTY ATTORNEY
ADJOURN
13