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Recap 12/21/1993 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 21, 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 i3 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEA/~D 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. 1. INVOCATION AND PLEDGE OF ALLEGIANCE AP, PROVAL OF AGENDA AND CONSENT AGENDA A. Approval of consent agenda. Approved 5/0 Approved 5/0 APPROVAL OF MINUTES PROCLAMATIONS, SERVICE AWARDS AND PRESENTATIONS A. Proclamations B. Service Awards Patricia A. Hall 10 years Ray B. Harbour 5 years Social Services EMS Presented Not Presented APPROVAL OF BUDGETsAMENDMENTS A. Approval of Budget Amendment Report APPROVAL OF CLERK'~ REPORT A. Budget Amendments 1. Regarding matters not previously discussed for 1993: NONE 2. Regarding matters previously discussed for 1993: NONE 1 December 21, 1993 BA's 94-81, 94-84, 94- 94-89, 94-93 & 93-99 Adopted 5/0 3. Budget Amendment Resolution No.: NONE B. Tabulation of Contracts & Documents C. Analysis of Changes to Reserves for Contingencies 1. General Fund (001) For FY 92/93 2. General Fund (001) For FY 93/94 3. Community Development Fund (113) For FY 92/93 4. Community Development Fund (113) For FY 93/94 5. Facilities Construction Fund (301) For FY 92/93 6. Facilities Construction Fund (301) For FY 93/94 To obtain Board approval for the payment of the fifth calculation of arbitrage rebate due to the Internal Revenue Service on the unspent proceeds from the $13,750,000 Commercial Paper Program. Approved 5/0 PUBLIC PETITIONS A) George F. Keller regarding innovative personnel management concept. (B) John F. Hooley representing Vega, Brown, Stanley, Martin & Zelman regarding East Naples Civic Association/Beautification Committee. Staff to work w/ Capt. Day on study Approved 5/0 Consensus directed St~ to work w/ FDOT '~ (c) (D) Gary Hayes regarding backflow ordinance. Carolyn & Robert Atkins regarding a lien on Marco Island lot. Not Heard No action COUNTY M~NAGER'S REPORT A. COMMUNITY DEVELOPMENT 2 December 21, 1993 (1) Recommendation to approve Excavation Permit No. 59.490 "Valencia at Orangetree - Lake #4-2" located in Sec. 23, T48S, R27E, bounded on the north by Oil Well Road, on the east by the Golden Gate Canal, on the south by Randall Boulevard, and on the west by Immokalee Road. Approved w/stipulatio] as amended. 5/0 (2) The Community Development Services Division representing Mr. Arthur R. Lee, Chairman of the Collier County Historic and Archaeological Preservation Board requesting the Collier County Board of County Commissioners to establish Collier County's Historic and Archaeological Preservation Board as a Florida Certified Local Government. Res. 93-612 Adopted Adopted 5/0 ) Recommendation that the Board of County Commissioners approve the first amendment to Agreement between Collier County and Collier County Concerned Citizens, Inc. (Continued from the meeting of 12/14/93) TRANSPORTATION Committee, the Board on Pine Ridge Subdivision traffic and recommendations of the Pine Ridge Traffic Citizens for a Safe Neighborhood and staff. C. PUBLIC SERVICES 1) Presenting the Board of County Commissioners a report on the proposed locations for a freshwater Boat Launch Facility and receive direction on pursuing a location for the proposed facility in the Golden Gate Area. (Continued from the 12/7/93 meeting). D. UTILITIES CONTINUE TO ~ /(1) Utilities performance review report. (This item did not appear on the printed agenda; item continued from the 12/7 meeting). Approved 5/0 Vanderbilt Bch. Rd. ~ East to take priority over Vanderbilt Bch. F ext. West; Staff to facilitate priority c~ interim "traffic calm~ procedures to be inve~ igated Staff to pursue 5th St site and 39th St. sit~ for an appropriate price; policy to be established re boat traffic andsize; and legal staff to review issues re loading & unloading into fresh wat4er and environmen- tal issues. 5/0 ADMINISTRATIVE SERVICES 3 December 21, 1993 (1) Recommendation to approve the appointment of the Airport Authority Executive Director, establish the FY 94 operating budget and authorize the creation of a secretarial support osition. (Continued from meeting of 12/14/93). No Action; to come back 1/4/94. F. EMERGENCY SERVICES (1) An Agreement entered into by the Board of County Commissioners and William T. Higgs, President of Coast Communities Corporation, which specifies actions to be recognized as full compliance and mitigation of the Hurricane Evacuation Requirements of Development Order 83-1 and the Hurricane Evacuation Measures of the Berkshire Lakes PUD. Developer's Plan Approved w/modifica- tions. 4/1 (Commsr. Saunders opposed). G. ENVIRONMENTAL SERVICES TO receive direction from the Board of County Commissioners regarding potential revision of tipping fee for construction/demolition waste. ~H. I COUNTy MANAGER ~ ! (1) Recommendation to approve final alignment for Vanderbilt Beach ~/ Road four laning improvements between U.S. 41 and  Airport-Pulling Road, CIE Project No. 023. Staff's recommendatior Approved 5/0 Staff's recommendation Approved 5/0 Request that the BCC review the existing County petty cash. policy with regard to reimbursement of expenses for the County Manager's Office. / (3 ecommendation that the Board of County Commissioners accept a ~ / / drainage easement from Abbey on the Lake I, Inc. which will ~/ / allow the Stormwater Management Department the authority to /~ ~/ construct and maintain a drainage outfall to direct the flow of - ~ stormwater from the Royal Cove II Subdivision. Policy for Manager's office to have same guidelines as the poli for the other petty cash funds. 4/1 (Commsr. Constantine opposed). Approved 5/0 C~UNTY ATTORNEY' S REPORT /A Resolution approving a / bill amending Chapter 4 December 21, 1993 71-409, Laws of Res. 93-620 Adopte~ 5/O Florida, by designating and naming County Road 851 running North o rOm State Road 90 (US 41) to County Road 846 (Immokalee Road) as dlette-Frank Road. Presentation to the Board of a second settlement offer proposed by plaintiffs' counsel in the Freni/Bishop/Griffith consolidated tourist tax cases. No Action. 10. BOARD OF ¢0UN~Y COMMISSIONERS esponse to FDOT 5-year olpe). work plan amendments. (Commissioner Res. 93-613 Adopted 5/0 Discussion of building permit requirements for proposed radio tower to be located on Oil Well Road. (Commissioner Saunders) Report and recommendation to the Board regarding the adoption of a proposed resolution to implement an improved executive summary and fiscal impact statement for proposed resolutions and ordinances of a regulatory nature. (Commissioner Matthews). Permit extended for 60 days fiscal impact stateme~ into Exec. Summary 11. OTHER CONSTITUTIONAL OFFICERS ADD: Recommendation to approve the use of confiscated trust funds to purchase a speed monitoring awareness radar trailer (SMART) and computer. Approved 5/0 L PUBLIC gO__MME__N~ O__N GENERAL TOPICS UNCH RECESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS TO BE HEARD AT /~00 P.M. 12. ADVERTISED PUBLIC HEARINGS - BCC A. gOMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 5 December 21, 1993 (1) Petition PUD-93-7, Thomas E. Killen of Thomas E. Killen Architect, representing Jakob and Bridgitte Hofstetter, /hrequesting resorting approval from Residential Single Family - 1 -1) to a one and two family residential PUD to be known as hine Village located one block west of Airport-Pulling Road of Orange Blossom Drive on the east side of Yarberry Lane ,/~ in Sec. 2, T49S, R25E, consisting of 6.15 acres. (Continued -~ ~rom the meeting of 11/23/93) Ord. 93-92 Adopted w/ stips. 5/0 c. OTHER A (13 Petition HD-93-3, Linda Lindsay, Real Property Specialist, and ~/ Ron Jamro, Museum Director, representing Rosemary Cemetery, ~/ requesting to have the Board of County Commissioners officially ~/~ designate Rosemary Cemetery as historically significant for v/ ~ property located on the south side of Pine Ridge Road and 100 ! ~ feet east of U.S. 41 for property located in Sec. 15, T49S, 25E. Res. 93-614 Adopted 5/ communit Develo ment Services Dlv s - 2) Y p ' ' i ion requesting approval of an Ordinance amending Ordinance 93-44 to correct a scrivener's error relative to the legal description which describes the (Comm. Constantine ~-- property known as Quail West Phases I and III located in Secs. abstained~ 7 and 8, T48S, R26E, containing 538 acres, more or less. (3) This item deleted. (4) Ordinance amending Collier County Ordinance No. 72-1, as amended, by adding certain existing Street Lighting Districts: Berkshire Lakes Units 3, 4 and 5, Berkshire Lakes Unit 6, Candlewood Subdivision, Collier Park of Commerce, Crown Pointe East, Erinwood Phase I, Hidden Harbour at Victoria Park, Immokalee Lighting, Imperial Golf Estates Unit 5, Kings Lake Unit 4, Kirtland Pines, Loch Louise, Madison Meadows, Marco Island, Moon Lake Units 1 and 2, Northgate Village Units 1 and 2, Orangetree Units 1-4, Palmetto Ridge, Plantation Subdivision, Quail Crossing, Quail Hollow, Queens Park at Lago Verde Phases 1 and 2, Riverwood Mobile Home Park, Riverwood East Unit 3, Riverwood East Unit 4, Phase I, Riviera Colony Golf Estates Unit 1, Riviera Golf Estates Unit 2, Riviera Golf Estates Unit 3, Royal Wood Golf & Country Club Units 1 and 2, Sabal Lake Unit 1, South Tamiami Heights, Tanglewood Units 1 and 2, Timbercreek Phase 2, Turnbury Subdivision, Vanderbilt Villas, Vineyards Unit 1, Vineyards Unit 3, and to add Berkshire Lakes Unit 7, certain property located in Section 35, Township 49 South, Range 25 East adjacent to the existing Collier Park of Commerce Street Lighting District, Queens Park at Lago Verde Phases 3 and 4 and Royal Wood Golf & Country Club Unit 3, to the Collier County Lighting District. Ord. 93-~Adopted w/ changes 5/0 6 December 21, 1993 13. BOARD OF ZONING APPEALS A. ~DVERTISED PUBLIC HEARINGS (1) Petition V-93-27, Paul Doerr requesting a variance to Section /2.6.14 guest house relative to size relationship to principal residence and a 26.2 foot variance from the rear yard requirement for property described as Golden Gate Estates, Unit ~/ No. 194, Tract 17, 820 23rd Street S.W. (Continued from the /meeting of 12/7/93) Petition V,93-33, John Houldsworth requesting a variance to the front yard requirement for one street frontage of a corner lot of six feet (i.e. 24 feet versus 30 feet) for property described as Lot 838, Palm River Estates, Unit 2, Plat Book 3, Page 96, Public Records of Collier County, Florida. Res. 93-616 Adopted Res. 93-617 Adopted 5, 3~Petition cu-93-14, Don Shands from the Office of Capital Projects Management, representing Collier County Board of County Commissioners, requesting Conditional Use 2.6.9.2 of the Essential Services Section for Governmental Facilities in residential areas, for the property located at 508 North 9th Street, bounded by Glades Street, Washington Street, Escambia Street, and Immokalee Drive in Sec. 33, T46S, R29E. Res. 93-618 Adopted B. OTHER  (j) Petition PU-90-14, Neno J. Spagna of Florida Urban Institute, Inc., representing New Hope Ministries, requesting extension of Conditional Use "6" of the "A" district for churches and other places of worship for the property located on the north side of Davis Boulevard (S.R. 84) just west of Wildwood PUD and east of Santa Barbara Boulevard in Sec. 4, T50S, R26E. Res. 93-619 Adopted }ARD OF COUNTY COMMISSIONERS' COMMUNICATIONS ,aygrounds as an accessory use. ~ ~iscussion re Chairman's Ordinance iscussion re Rules of Procedure 7 December 21, 1993 Staff to review appro~ riateness and report back. No Action County Attorney to review and report back 15. STAFF'S COMMUNICATIONS 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. ~~CO~NITY DEVELOPMENT (1) Recommendation to grant final acceptance of the roadway drainage improvements for "Glendevon Replat at Wyndemere". and Res. 93-566 w/ stips. (2) (3) (5) r%~~ (6) Recommendation to acknowledge the lot line adjustment of Sites 22 and 23, a portion of a previously recorded plat known as Pelican Bay Unit Ten. Recommendation to approve for recording the final plat of "Groves Road". (4) Recommendation to approve for recording the final plat of "Laurel Ridge". Recommendation to grant final acceptance of the roadway, drainage, water, and sewer improvements for "Marco Shores, Unit One". Recommendation to acknowledge the resubdivision of a portion of Tracts 69 and 72, a portion of a previously recorded plat known as Golden Gate Estates Unit No. 97 recorded in Plat Book 8 December 21, 1993 Res. 93-567 w/ stips. w/ stips. Res. 93-568 w/ stips. Res. 93-569 w/ stips. Res. 93-570 w/ stips. 7, Pages 95 and 96. Recommendation to approve Lien Resolutions for the following: (a) Compliance Services Case No. 30331-042 record owner Wilkinson-Meffert Construction Co., Inc. (b) Compliance Services Case No. 30331-046 Wilkinson-Meffert Construction Company. record owner (c) Compliance Services Case No. 30413-008 Kate Snyder. record owner (d) Compliance Services Case No. 30422-064 Joan T. Craig. record owner Res. 93-571 Res. 93-572 Res. 93-573 Res. 93-574 (e) Compliance Servzces Case No. Zbigniew and Dorila M. Tomszay. 30422-071, record owner Res. 93-575 j (f) Compliance Servzces Case No. 30422-088 Charlie D. Williams. record owner Res. 93-576 (g) Compliance Services Case No. 30504-009 Charles L. and Carol V. Franton. record owner Res. 93-577 (h) Compliance Services Case No. 30426-111 Irene Schaefer. (i) Compliance Services Case No. 30510-023 John Roy Young. record owner record owner Res. 93-578 Res. 93-579 ~ (J) compliance services case No. 30514-009 record owner Robert C. Armbruster and Margaret E. Armbruster. Compliance Services Case No. 30331-041 Wilkinson-Meffert Construction Co., Inc. record owner 9 December 21, 1993 Res. 93-580 Res. 93-581 (1) Compliance Services Case No. 30330-127, record owner Wilkinson-Meffert Construction Co., Inc. (m) Compliance Services Case No. 30330-089, record owner Edward K. and Ester G. Purkey. Compliance Services Case No. 30223-001, record owner Felix R. Muskat, et ux. (o) Compliance Services Case No. 30623-036 Alan J. Piten. (p) Compliance Services Case No. 30628-017 William H. Berner. record owner record owner - Res. 93-582 _ Res. 93-583 Res. 93-584 Res. 93-585 Res. 93-586 v / (q) Compliance Servzces Case No. 30330-128 Wilkinson-Meffert Construction Co., Inc. record owner -  /(r) Compliance Services Case No. 30602-003, record owner - Platinum Coast Financial Corp. /(s) Compliance Services Case No. 30603-006, record owner - Stephen M. Chasten. / (t) Compliance Services Case No. 30603-043 Richard F. McCullough. record owner ~/ (u) Compliance Services Case No. 30604-005, record owner - Steven J. Miller.  / (v) Compliance Services Case No. 30607-011 Phillip L. Lee, Inc. ~ / (w) Compliance Services Case No. 30607-012 10 record owner record owner December 21, 1993 Res. 93-587 Res. 93-588 Res. 93-589 Res. 93-590 Res. 93-591 Res. 93-592 Res. 93-593 Phillip L. Lee, Inc. Compliance Services Case No. 30608-106, record Thomas J. Gaetano.  / (y) Compliance Services Robert E. Williams. owner Case No. 30621-080, record owner Res. 93-594 Res. 93-595 (z) Compliance Services Case No. 30622-061, record owner - Ruxton Building Co. (aa) Compliance Services Case No. 30622-063, record owner - Ruxton Building Co. Res. 93-596 Res. 93-597 WITHDRA~(bb) Compliance Services Case No. 30629-083, record owner - Terry Krumm, TR. WITHDRA~(cc) Compliance Services Case No. 30629-082, record Terry Krumm, TR. owner (dd) Compliance Services Case No. 30629-075, record owner Heinrich Ruhe. (ee) Compliance Services Case No. 30629-073, record Robert C. and Margaret E. Armbruster. owner ~ (ff) Compliance Services Case No. 30629-044, record owner - Robert C. and Margaret Armbruster.  ~-~- (gg) Compliance Services Case No. 30629-043, record owner - Robert C. and Margaret E. Armbruster. ~//(hh) Compliance Services Case No. 39628-050, record owner - Benito F. Recio. 11 December 21, 1993 Res. 93-598 Res. 93-599 Res. 93-600 Res. 93-601 Res. 93-602 '~) Compliance Services Case No. 30628-015, record owner Willie Mae Postell. (jj) Compliance Services Case No. 30625-041, record owner Vincent P. Ocuto, Carol A. Ocuto, and Kimberly A. Ocuto. (kk) Compliance Services Case No. 30621-053 record owner Paul D. Hulett. ~(11) Compliance Services Case No. 30604-052 record owner Dale H. Steinberg, et ux. Res. 93-603 Res. 93-604 Res. 93-605 Res. 93-606  (mm) Compliance Services Case No. 30604-006 Steven J. Miller.  u,/ (nn) Compliance Services Case No. 30527-002 Josef Heinz Obert. record owner record owner Res. 93-607 Res. 93-608 (oo) Compliance Services Case No, 30503-044, Donald M., Jr., and Donna M. Roberts. (pp) Compliance Services Case No. 30428-019, Paul E. Geyer, et ux. record owner - record owner - (8) Sewer facilities acceptance for Kensington Park, Phase One. ) Recommendation to grant preliminary acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Kensington Park Phase One". Res. 93-609 Res. 93-610 w/ stip. Res. 93-611 w/ stips .~.B. TRANSPORTATION '~ z (1) Recommendation to approve and execute ~/ / Agreement with the Florida Department Protection (FDEP). 12 December 21, 1993 a Consent Order of Environmental C. PUBLIC SERVICES D. UTILITIES \~1) Recommendation to Award Bid #93-2109 for Generator Maintenance and Repair Recommendation to Approve and Execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for James and Nancy Hahn, Eddie and Gladys Ortega, Robert and Margaret Jimerson, and Robert R. Michael E. ADMINISTRATIVE SERVICES (1) Recommendation to authorize the refurbishment of three (3) additional EMS ambulances under Bid 93-2083. Awarded to AA Generat & Pump repair (2) To obtain Board approval to increase the property/casualty insurance imprest account from $5,000 to $20,000. (3) Recommendation to declare as surplus and authorize all surplus county owned property. a sale of EMERGENCY SERVICES (1) Request Board of County Commissioners approval of a Certificate of Public Convenience and Necessity for the year 1994 for the Collier County Depa'rtment of Emergency Medical Services. (2) Request Board of County Commissioners approval of a Certificate of Public Convenience and Necessity for the year 1994 for the Western Gateway Volunteer Ambulance Service, Inc. ENVIRONMENTAL SERVICES COUNTY MANAGER (1) Recommendation for the Board to approve additional services under Work Order ABB-14 for Government Center roadwork. This item has been deleted. 13 December 21, 1993 In the amount of $2,000.00 (3) Recommendation that the Board approve a work order under the current annual Professional Services Agreement for professional engineering design, .permitting and construction contract administration for at the  telemetry upgrades raw water booster. (4) Approval of correction to Amendment No. Two to the Professional Services Agreement with Hazen & Sawyer, Inc. for expansion to the North County Regional Wastewater Treatment Plant. Approval of bids for hauling rock and rock purchase for Vanderbilt Beach Road Extension. BOARD OF COUNTY COMMISSIONERS ~ISCELLANEOUS CORRESPONDENCE ~//(1) S ti fa s action of Lien: NEED MOTION authorizing the Chairman to ~/ sign Satisfaction of Lien for Services of the Public Defender J~ for Case Nos. 90-5585-TM ($130.00). RECOMMEND APPROVAL. w/ Hole, Montes & Asso. in the amount $49,500.00 Awarded to Swiftline Trucking, Inc. & Southern Sand and Sto K. OTHER CONSTITUTIONAL OFFICERS  (1) Recommendation to purchase new undercover vehicle the State Attorney's Office. for use by (2) Recommendation that the Board of County Commissioners approve an agreement with Suncoast Schools Federal Credit Union for ~// the installation and operation of an automated teller machine (ATM). In the amount of $14,944.00 L. COUNTY ATTORNEY ) Recommendation that the Board consent to an extension from January 1 to March i to allow additional time to adopt a resolution of intent to use the non-ad valorem method of collecting special assessments for the Pelican Bay Municipal Services Taxing and Benefit Unit. 17. ADJOURN 14 December 21, 1993