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Recap 08/24/1993 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, August 24, 1993 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. 1. INVOCATION: To be given by Father John A. Lindell of Saint Matthews House at 2501 Airport Road South. 2/~PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA A. Approval of consent agenda. APPROVAL OF MINUTES August 10, 1993 - Regular meeting. ADDd. w/chances ~./0 ~.~attJg.~.~s out) An~.. a~d/or ~.~t~. 4/¢ (Cc~m. Matth~A~ out) Appd. 4/O (C0m~. Matths out ) 5. PROCLAMATIONS~ SERVICE AWARDS AND PRESENTATION~ Proclamation Service Awards Maureen Amengual Joseph F. Bierley Nancy Epp Cynthia J. Finklea Jeanne P. Jemmott 5 years 5 years 5 years. 5 years 5 years Growth Management Utilities/Wastewater Library ComDev/CustService Library Presentations (1) Presentation of NACo Achievement Awards. Presnted Accepted 1 August 24, 1993 ./ APPROVAL OF CLERK'g REPORT A. Budget Amendments Regarding matters not previously discussed for 1993:6 Regarding matters previously discussed for 1993:5 Budget Amendment Resolution No.: 93-42 Tabulation of Contracts & Documents ~.~.~4 93-442, 447, 450/4 Adptd. 4/0 (Cc~. Matthews out) ~ ./ ~9, 4.~3 Aclp_td. 4/0 (Cc~ Matthews out) BA~. 93-42 Adp_td.. ~4/0 ¢Co~n. Matthews out) Analysis of Changes to Reserves for Contingencies 1. General Fund (001) for FY 92/93 2. Community Development Fund (113) for FY 92/93 3. Facilities Construction Fund (301) for FY 92/93 ?INUED TO To provide the Board with interim financial information as of July 31, 1993. TO MEETING To present to the Board of County Commissioners interim financial information on the Collier County Enterprise Funds. PUBLIC PETITIONS COUNTY ~ANAGER'S REPORT ~TEMS TO BE HEARD FROM 9:00 A.M. - 12~00 NOON. LO:30 A.M. MID-MORNING BREAK AT COMMUNITY DEVELOPMENT (1) Request by Eagle Creek Properties,. Inc., Building Permit No. 91-9110. for extension of Appd. 4/0 (Cc~. Matthe out) 'INUED TO ,/93 MEETING 2 August 24, 1993 MOVED ROM 16(~%) (2) ' for ~2~) Recommendation payment of* the Hurricane Andrew reimbursement requests. Con't to 9/21/ Apprd. 4/0 /(Cc~m. Matthews out) TRANSPOETATION 1) Recommendation to approve an Interlocal Agreement for allocation of the Additional Option Gas Tax to Collier County, City of Naples and city of Everglades effective January 1, 1994 for a period of 5 years. Denied 3/1 (Cu~,,u. Saun opposed, Ckmn~. Matthe~ out) Staff directed make proper notificati, c. PUBLIC SERVICES D. UTILITIES E. ADMINISTRATIVE SERVICES F. ~MERGENCY SERVICES G. ~NVIRONMENTAL SERVICES COUNTY MANAGER ) Recommendation that the Board of County Commissioners review the recommendations of the Tourist Development Council and make final funding decisions regarding proposals submitted for Tourist Tax Funding in Category (A) - Beach Renourishment and · Pass Maintenance. Authorization to apply to the Federal Communications Commission for certification to regulate basic cable rates. COUNTY ATTORNEy'S REPORT Recommendation that the Board of County Commissioners approve a request for waiver to be submitted to the Federal Communications Commission to request an extension of an FCC approved slow growth implementation schedule for a public service radio system that will utilize twenty 800 megahertz radio channels licensed to the County under callsign WNSK 615. August 24, 1993 C. Cty. Bch. Restorati¢ & Mgmt. Plan Appr. 4/0 (Com~. Matthews out) Proposed contract for Parker Sand Web Sys . t return within 30 days Ap_prd. 3/1 (Ccmm. Saund opposed, Cc~. Matthews out ) Motion for approval re- sulted in 2/2 vote (Cctmlsrs. Constantine & Norris qpposed); to be brought back on 9/7/93 Approved and Sheriff to co-sign letter to FCC. 4/0 ADD: ~ Discussion regarding consolidation of the 800 HHz channels. Motion to approve consolidation tabled until 9/7/93. 4/0 Appointment of member to the Board of Building Adjustments and Appeals. 10. BOARD OF COUNTy COMMISSIONERS \ A. Appointment of member to the Environmental Policy Technical Advisory Committee. Appointment of 3 Commissioners to serve on the Value Adjustment Board and set tentative dates for the hearings. Reconsideration of request by Patrick H. Neale representing Deltona Corporation/Barfield Bay regarding the filling and clearing of lots. (Commissioner Norris). Res. 93-352 apptng M~rvin L. Nusz Adptd. 4/O Res. 93-353 apptng Christopher Hagan Adopted. 4/0 Cc~msrs. 5brris, Vo!pe & Matthews appointed w/Cc~rsrs. 'Saunders & Constantine as alter- nates; tent. dates scheduled for 9/27, 9/29 and 9/30. 4/0 To be brought back on 9/7/93. " ~3/! (Coroner. Volpe opposed) 11 AD] / OT~HER CONSTITUTIONAL OFFICERS / A. Recommendation to purchase a replacement undercover vehicle for use by the State Attorney's Office. Approved. 4/0 PUBLIC COMMENT ON GENERAL 4 August 24, 1993 LUNCH RECESS 12:00 NOON - 1=00 A.M. PUBLIC HEARINGS TO BE HEARD AT. 1~00 P.M. ~DVERTISED PUBLIC HEARINGS ,- BCc A. COMPREHENSIVE PLAN AMENDMENTS B. ~ONING AMENDMENTS C. OTHER ~'A Resolution to delete one fee, establish new fees and increase certain fees for conducting business in the Community ~\~/ Development Services Division. Bes. 93-35.a. Adopted 3/1 (Omm~r. Constantin opposed) (2) Petition CCSL-93-4, Gilbert .H. Neal, Vice President of Vanderbilt Gulfside Condominium Association, Inc., requesting a variance from the Coastal Construction Setback Line (CCSL) to construct a brick paved walkway to existing walkover bridge and construct 6'X8' ground level deck with shower and seating/storage. area for Gulfside I Condo, to construct brick paver walkway to walkover bridge, repair walkover bridge, construct new ramp and add shower for Gulfside II Condo and to construct a water line providing water to showers located at both walkovers for property located on Lot 5 less northerly 100 feet and all of Lots 3 and 4, Block A, Unit 2, Baker Carroll Point in Sec. 29, T48S, R25E. .~es. 93-355 Adopted. 4/ (3)/Petition CCSL-93-5, Miles Scofield of Turrell and Associates representing La Playa Association, Inc., requesting a variance from the Coastal Construction Setback Line (CCSL) to restore rock revetment to original profile and extend existing return seawall landward 24 linear feet for property located on Lots 25, 26, 27, 28, 29 and 30 of Block A, Connors Vanderbilt Beach Estates, Unit 1, in Sec. 29, T48S, R25E. Res. 93-356 Adopted. 4/( M) A public hearing to consider adoption of an ordinance amending Collier County Ordinance No. 85-32 relating to Collier County Ordinance No. 81-94 creating the Pine Ridge Industrial Park unicipal Service Taxing and Benefit Unit. public hearing to consider adoption of an ordinance amending 5 August 24, 1993 Ord. 93-58 Adopted. 4/0 Ord. 93-59 Adooted. 4/0 Collier County Ordinance No. 88-23, relating to the construction or acquisition of projects within municipal service taxing and benefit units within the County, by amending · Section 5, Alternative Methods of Collection. /~Amendments to Collier County Construction Ordinance No. 92-70, Appendix "J", Hurricane Requirements. (Continued from the meeting of 7/27/93) (Continued to the meeting of 9/14/93). Continu, ed to 9/14/93 (7) Pu~ic hearing to consider adoption of ordinance amending \~ C~11ier County Ordinance No. 90-30, as amended, the Mandatory ~i~ /Solid Waste Special Assessment Collection and Disposal '/ Ordinance, by amending Section Twelve, adding Subsection D, / providing remedy and procedures for certain 1991 service year ~pecial assessments; and by amending Section Fourteen, providing for remedies. Orc3-.~.~1 93~6'Q and Re.s:~ 93v357 Adopted. 4/0 13. BOARD OF ZONING APPEALS ~. A. ADVERTISED PUBLIC HEARINGS ~ £INUED TO 9/7/93 MEETING ) Petition A-93-5, Anthony P. Pires, Jr., representing Joseph and Susan Marinaro, requesting an Administrative Appeal of the Site Development Review Director's decision that no credit would be allowed for excess parking provided by Misfits Marina under prior Ordinance(s) and/or Development Order approval(s) and that any expansion must include additional parking as required by Division 2.3 of the Land Development Code. Con~.'l~uedto 9/7/93 CONTINUED TO 9/7/93 MEETING ) Petition V-93-12, Anthony P. Pires representing Misfits Restaurant/Marina requesting a variance from the required sixteen parking spaces to zero parking spaces to serve thirty-two additional boat slips for property located at 231 Capri Boulevard further described as Lots 455-462, Isles of Capri Business Section. (Continued from the meeting of 8/10/93) Cont',~nued to 9/7/93 Petition AW-93-1, Michael A. Dewitt and Jason Anderson requesting a 380 foot waiver from the minimum required separation of 500 feet between places serving alcoholic August 24, 1993 Motion for aDorove' resulted in 2/2 v (Cc~msrs. Volpe Saunders oppose Cont'd to 9/2] (~cm~msr. VolF beverages and a day care center for Mickey Finz Billiards and Gamg'Room located at 10063 Tamiami Trail East resulting in a .foot separation distance. ' (4) Collier County Community Development Services r~questing an amendment to Resolution 93-234 to correct a ~crivener's error in the title of said Resolution, a /Conditional Use approving an expansion of the Hope Wesleyan //Church located in Sec. 22, T49S, R26E, and further described as // all of Block 42, Golden Gate, Unit 2 according to the plan / recorded in Plat Book 5, Pages 65-77. Division }%eS. 93-358 Adopted. 4/0 (5) Collier County Community 'Development Services re~uesting an amendment to Resolution 93-236 to correct a ~ivener's error in the legal description of Exhibit "A", said //Resolution a Conditional Use Extension approving a church and / church related facilities for property located in Sec. 22, / T50S, R26E. . Division ]~S. 93-359 Adopted. 4/O Petition V-93-13, Donna J. Pollock representing herself and Res. 93-360 Adopted. Francis Whaland requesting a 3 foot variance from the maximum 4/0 height of 6 feet to 9 feet for a concrete wall in Riviera Golf Estates. (7) Petition V-93-15, Robert R. Weimerskirch representing Vincent errotta requesting a 7.95 foot variance from the required 25 eet front yard requirement for a non-conforming RMF-6 zoned roperty to 17.05 feet for an addition to an existing single amily home in Naples Park. Res. 93-361Adopted. 4/O B. OTHER 14.~OARD OF COUNTY COMMISSIONERS, COMMUNICATIONS ~./Discussion re: TDC recomennding that filing deadling C" projects be extended for a period of 60 to 90 days. ~I-~/~/ xation of County-owned properly under lease. August 24, 1993 for Category 60 day extension apovd. 3/1 (Cc~sr Constantine opposed) C~unty Arty to work w/ ~r. VolDe re. tangible personal property taxes on Countv~owned proDe_ rt.v under lease 15. STAFP,S COMMUNICAT~ON~ ;~~dule workshop date for NRPA Program. I~sY Attorney Cuyler appointed official BCC designee re and mergers re assessments. 4/0 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 \', (1) Water and sewer facilities acceptance for Silver Oaks. ) Recommendation to acknowledge the resubdivision of Lot 141 and Lot 142, a portion of a previously recorded plat known as Crown Point East recorded in Plat Book 16, Pages 37-41. ) Recommendation to acknowledge the resubdivision of Lots 7 and 8, Block 47, a portion of a previously recorded plat known as Marco Beach Unit Two recorded in Plat Book 6, Pages 25-31. Recommendation to acknowledge the resubdivision of Tract 118, a portion of a previously recorded plat known as Unit No. 7, Golden Gate Estates. O~e hour at end of Reg. nfag on 10/26 to b~ set aside for NRPA Workshop i_ADproved and/or Adopte6 4/0 ((lm~. Matthews out w/ stips Res. 93-339 Res. 93-340 Res. 93-341 Recommendation to acknowledge the resubdivision of Sites 38, 39, and 40, a portion of a previously recorded plat known as Pelican Bay, Unit Ten, recorded in Plat Book 15, Pages 64-67. Res. 93-342 Recommendation to acknowledge the resubdivision of Tract 118, a portion of a previously recorded plat known as Golden Gate Estates, Unit No. 194. ~'~ ~~~ Recommendation to approve the final plat of "Sterling Oaks". 8 August 24, 1993 ReS. 93-343 W/ stiDs (8)/Recommendation to acknowledge the resubdivision of Lots 17, /18, and 19 of Tract E, a portion of a previously recorded plat !~, ,~. known as Audubon Country Club, Unit One. Recommendation to accept the security for landscaping for Site Development Plan No. 92-114 "St. Katherine's Church" located in Se~. 1, T49S, R25E. Recommendation to accept the security for landscaping for Site Development Plan No. 91-105 "Wicker N' Things" located in Sec. 13, T50S, R25E. . ) Recommendation to accept the security for landscaping for Site Development Plan No. 91-104 "Briarwood Recreation Area" located in Sec. 31, T49S, R26E.. MOVED TO 8 (a) ~3 ) 12 ) Recommendation for payment reimbursement requests. of the Hurricane Andrew Recommendation to grant preliminary acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Silver Oaks". (i4) Water and irrigation facilities acceptance for The Claridge at Pelican Bay. Res. 93-344 Res. 93-345 w/ stips w/ stips (15) Recommendation to accept the security for landscaping for Site Development Plan No. 93-3 Russ Grant Building located in Sec. 36, T49S, R25E. Recommendation to acknowledge the resubdivision of the South of Tract 112, a portion of a previously recorded plat known as Golden Gate Estates Unit No. 8. .~/ ~ )~) Recommendation to acknowledge the resubdivision of the North %  of Tract 25 and the East % of Tract 16, a portion of a 9 August 24, 1993 Res. q3-346 Res. 93-347 previously recorded plat known as Golden Gate Estates Unit No. 20. (18)~ecommendation to acknowledge the resubdivisi~n ~f. Tracts 1, 2, and 3, a portion of a previously recordea p£a= known as Water Oaks at Wyndemere. Recommendation to acknowledge the resubdivision of all of Tract 2 and the South 30 feet of Lot 3, a portion of a previously recorded plat known as Golden Gate Estates Unit No. 32. Res. 93-348 Res. 93-349 (2/Recommendation to acknowledge the resubdivision of Lots 19-22, / Block B, a portion of a previously recorded plat known as /~/ Eastgate. Res. 93-350 B. TRANSPORTATION (1) Recommendation to approve and execute a Joint Project Agreement negotiated with the City of Naples for the design ~nd construction of wastewater utilitie~ jointly with /Airport-Pulling Road Six-laning Improvements (CIE No. 039) / between Golden Gate Parkway and Pine Ridge Road; and to approve and authorize a Supplemental Agreement with Wilson, Miller, Barton and Peek, Inc. for design services of such wastewater utilities. Recommendation to approve a road improvement project in Collier County to be performed by Hendry County for access to a solid waste facility in Hendry County subject to permitting in accordance with Collier County Ordinance 82-91. C. pUBLIC SERVICES D. UTILITIES 1) Transfer of Funds to Cover Data Clerk's MIS Department.  (2) Recommendation to Award Bid #93-2054. ~- ~3) Recommendation to Award Bid #93-2014. 10 August 24, 1993 Processing Charges from ~ This item has been deleted. (5) Recommendation to Award Bid #93-2080 for On-Call Emergency Electrical Repairs. ) Recommendation to Award Bid #93-2032 for Berm Maintenance for the South County Regional Wastewater Treatment Facility to Classic Lawns. (7) This item has been deleted. CONTINUED TO 9/7/9%MEETING ~ ~8) Approval of Extension of Agreement with Pistorino & Alam, Inc. ~/ for South County Regional Wastewater Treatment Plant /~ Engineering Review. 9) Approval 'of Change Order No. 3 to the Construction Contract with Florida State Underground, Inc. for the Golden Gate Wellfield Expansion Contract #3 Project in the Golden Gate . Wellfield and authorizing the Utilities Administrator to execute said Change Order. (10) ~ecommendation to Approve and Execute the Notice of Promise to /Pay and Agreement to Extend Payment of Water and Sewer Impact / ~/ Fees for Mario Berny. (11)/Recommendation to approve and execute the Notice of Promise to /Pay and Agreement to Extend Payment of Sewer Impact Fees for ~ Stanley R. Fogg, Jr. ~ E. ADMINISTRATIVE SERVICES ~ /(1) Recommendation for the Board of County Commissioners to accept ~ ;~ a drainage easement from All American Homes of Southwest - F Florida, Inc. (2) Reco~endation to reject all bids received under Bid #93-2075 for the purchase of gasoline and diesel fuel by transport. 11 August 24, 1993 ' ~( 3~ecommendat ion .items. to award Bid #93-2050 for paint and related EMERGENCY SERVICE~ (1) Recommendation for the Board of County Commissioners to award Bid No. 93-2083 for the refurbish of two EMS ambulances. G. ENVIRONMENTAL SERVICES 1) Recommendation to approve the transfer and incorporation of 18.23 acres of County-owned property into the Immokalee Landfill. H. COUNTY MANAGER , (1)/Recommendation that the Board of County Commissioners ~ / / authorize the chairman to execute a Florida Department of ~ / / Natural Resources Permit Appli.cation to provide beach cleaning ~ / operations within the Pelican Bay Services Division from · 'V Vanderbilt Beach Road south to Clam Pass. (2) Recommendation to provide authorization for the director of the Office of Capital Projects Management to sign future Category "A" Applications for Tourist Development Funds for which the Board of County Commissioners is the applicant. j.~BOARD OF COUNTY COMMISSIONERS 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. I OTHER cONSTITUTIONAL OFFICERS ~/ (1) Recommend that the Board of County Commissioners, as the local coordinating unit of government, approve the applications to ~ be submitted through the State of Florida's Community Juvenile ~ Justice Partnership Grant Program. Recommend that the Board of County Commissioners, as the local coordinating unit of government, authorize applications be submitted by the Sheriff's Office for funding through the state of Florida's Department of Community Affairs' Hazard Mitigation Grant Program. 12 August 24, 1993 L. COUNTY ATTORNEY (1) Resolution approving the Bond for Mary Ann Garcia for the office of Commissioner of the Board of Commissioners of the Immokalee Water and Sewer District. Res. 93-351 Adptd'. 4/0 (Con~. Matthew~ out) ~.7. ADJOURN 13 August 24, 1993