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Recap 02/18/1992 R COLLIER COUNTY BOARD QF COUNTY COMMISSIONERS AGENDA Tuesday, February 18, 1992 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" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. 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 PLEDGE OF .ALLEOIANCE APPROVAL OF AOEND~ AND CONSENT AOEND~ A. Changes in printed agenda. B. Approval of Consent Agenda. 4. APPROVAL OF MINUTES /October 15, 1991 - Regular meeting. October 15, 1991 - Workshop. ~-October 16, 1991 - Special meeting. PROCLAMATIONS AND SERVICE AWARDS A. Service Awards Ephrim W. McMullen 10 years Jesse J. Woods 5 years Ochopee Fire Control Solid Waste Dept. "' - :: :':.!Z;:::::' : .-.::-;!::.!... . Approved .?/changes 5/0 ... App rove d ~:d/o r . Adopted w/6hanges. .5/0 Approve d:, ::~f:-t~'5/0.. Not presented. P re s e n te d~,Li! Proclamations 1. Disabled American Veterans, Collier County Chapter 117, sponsoring "Forget me Not" Days, February 20, 21, 22, 1992 Engineers Week February 16-22, 1992. 1 February 18, 1992 Adopted. 5/0 Adopted. APPROVAL OF CLERK~S REPORT A. BUDGET AMENDMENTS (1) Regarding matters not previously discussed for 1992:7 (2) Regarding matters previously discussed for 1992:4 (3) Budget Amendment Resolution No.: NONE Be TABULATION OF CONTRACTS AND DOCUMENTS ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) 2. Community Development Fund (113) 3. Facilities Construction Fund (301) PUBLIC PETITIONS A. Diane Cabada regarding the structural integrity of a permitted building. 8. COUNTY MANAGER'S REPORT COMMUNITY DEVELOPMENT (1) Approval to execute an Agreement to provide local matching funds for the Transportation Disadvantaged (TD) Program in Collier County. (2) Request from the Metropolitan Planning Organization (MPO) for local matching funds to secure a federal grant to conduct a public transit feasibility study. BA's 92-1~!i5/146; 92 - 15 0/1'5 ~j Adopted. BA ' s 9 2- I'~; 92-155/t57?/~Adopt e d. 5/0 :. :---::-:~:-::-~ ..... .::?. Staff directed to meet w/st~e atty., .et al. reiOrdinancE & Statute .violatior Co. Arty..iii~directed to revie~-?!~in j uncti% relief re:-!ipursuing matter; staff '~ directed to amend' ordinances & repor back. 5/0 Approved; .Internal Auditor to'review fare box iColiectio~ and report~ng practices~" 4/0 (Comm. Goodnight o~ Approved 4/0 (Comm. Goodnight (3) Community Development Division requesting an amendment to Resolution No. 91-720 to correct scriveners e~ror in the legal description for Lien Resolution of Compliance 2 February 18, 1992 l/ /Services Case No. / Naples, Inc. 91-07-10678; owner of record - Villas of B. TRANSPORTATION (1) This item has been deleted. (2) This item has been deleted. (3) Recommendation to declare mitigation obligations for Goodlette-Frank Road Improvements pursuant to FDER Permit No. 111916655 as a valid project emergency, waiving RFP/Bid Procedures for contract services to perform permit obligations, and therein authorizing staff to proceed with contract negotiations with Turrell and Associates, Inc. (CIE Project No. 019). Reso. 92-i32 Adopted 4/0 (Comm. Goodnight Approved conditionE on Staff doing as much of ~he work as possible, 5/0 ~UB~IC SERVICES (1) Recommendation that the Board of Collier County Commissioners provide direction regarding the entrance location for the Joint Lee-Collier Beach Park. D. UTILITIES (1) Award of contract for the construction of the Livingston Road Water Main - Phase I - Bid #91-1825 (Continued to 2/25/92 meeting). Staff directed to maintain 21 separate parks; lea~e existJ entrance as is, traffic l~ght and turn laneS.i~iii~to be placed at.i!3~onita Be · Rd and L~ ~Bch B~ 4/1 (~oDm~e~under: pP . i E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES CONTINUED INDEFINITELY: (1) To receive a report and recommendations on the utilization of a Materials Reclamation Facility (MRF) to enable compliance with the mandated 30% recycling goal. (2) Recommendation to award Bid #91-1818 for 2,500 curbside recycling containers at a total of $11,414,00 to Lewis Systems. February 18, 1992 Continued~ Approved. 5/0 COUNTY MANAGER (1)' Recommendation to award a contract for Bid No. 91-1791, construction of watermains, sanitary sewers, road and drainage improvements in the Naples Production Park Improvement Assessment District to T.A. Forsberg, Inc. of Florida in the amount of $4,853,396.05. · (2) Report on revenues for the first quarter of Fiscal (Continued from 2/11/92 meeting). '92. (3) Report concerning completion and preliminary acceptance of the library headquarters addition and remodeling project. (4) Report concerning completion and preliminary acceptance. of the East Naples Park Community Center Project. (5) Report concerning completion and preliminary acceptance of the Agricultural Center project. ~ (6) Report concerning completion and preliminary acceptance of the Veterans' Park Community Center project. 9. COUNTY ATTORNEY,S REPORT Discussion regarding the Board's procedures for compatibility acceptance hearings. App r ore d..".'ii!ii~-5 / 0 P resent e d.~/?~c cepte d. Accepted Accepted Accepted Accepted No Action. 4 February 18, 1992 BOARD OF COUNTY COMMISSIONERS ADD:A. /~'resolution opposing any plan to redistrict Collier County /into a congressional district which does not align // predominately with those adjacent counties on the west coast ~~/ of.Florida. ' · 11. OT~ER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENEBAL TOPICS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ~ONING AMENDMENTS C. OTHER (1) CEX-004-RF/A, Robert Duane of Hole, Montes & Assoc., Inc., representing Richard J. Aaron, Trustee of Mariatee Road Land Trust, appealing the Growth Planning Director's determination for denial of the Compatibility Exception Application for property located on the south side of Mariatee Road, ±% mile east of S.R. 951 in Sec. 10, T51S, R26E (68 acres). (Continued from the meeting of 2/11/92). Petition CCSL-91-9, Jerry C. Neal, Collier County Office of Capital Projects, requesting' a Coastal Construction Setback Line variance to retain an existing cul-de-sac, gate and concrete posts, to construct minor structures, and re-vegetate the dune and add landscaping at the Vanderbilt Beach County Park in Sec. 32, T48S, R25E. (Continued from the meeting of 2/11/92). (3) Petition CCSL-91-7, Westinghouse· Communities of Naples, Inc., requesting a Coastal Construction ~~ Setback Line variance to construct six accessory east-west dune walkover structures and one lateral walkway within Bay Colony, Pelican Bay PUD, Unit 8, Tracts B, C, D, and E in Secs. 5 and 8, T49S, R25E. (Continued from the meeting of 2/11/92). Res. % 92- !:~5 Adopted 4/.0 ( Corams r. G6odnight out): .... '" :'-:-:-:' ~ i:i:" ".?::.. .' :: .::..:.~ . ..: gr!an~ting. i:~ppeat, prOper~y.i:appvd. fox Res. ~92-.~36 Adopt~ 5/0 Res. #92-1'137 Adopt( w/additional condi- tion'. 5/0- 5 February 18, 1992 Recommendation for approval and adoption of a Resolution for establishing a "No Wake" zone within the Wiggins Pass area waterways. (This item is continued from meeting of 2/11/92). 13. BOARD OF ZONING APPEALS A. A~VERTISED PUBLIC HEARINGS 1) Petition FDPO-91-4, James McKinney, Jr., requesting a variance from the minimum base flood elevation as required by Flood Damage Prevention Ordinance (FDPO) Number 87-80 as incorporated by reference into the Collier County Land Development Code, Ordinance No. 91-102, for property described as 618 Sunset Drive, Lot 20, Block E, Goodland Isles, First Edition. (Continued from the meeting of 2/11/92). (2) Petition V-91-19, James C. Stewart of Stewart & Storter, Attorneys at Law, representing David and Carolyn Ryan, requesting a 22.4 foot variance from the required 30 foot side yard setback to 7.6 feet for a garage/workshop for property located at 3350 21st Avenue S.W. and further described as the east 165 feet ' of Tract 24, Golden Gate Estates, Unit No. 28. (Continued from the meeting of 2/11/92). This item will be heard at 3 p.m. Re s ;' :'.9 2-1'3'81" Adopted 4/1 '~(Co~ eauridE oppo.~_ed) Res. 92-139 Adopte¢ 5/0 : Res. %92~I3'4 AdoptE 5/0 ": ' B. CONDITIONAL USE (1) Petition CU-91-15, David S. Wilkison representing / Florida Cellular RSA, Ltd., Par., requesting a / Conditional Use per Subsection 2 of Section 2.6.9 . / ,~(Essential Services) of the "A" zoning district to ~ ~.911ow a 280 foot communication tower for property / . ~ ~wlocated approximately 2 miIes south of 1-75 (S.R. 84), .~/~[~F~. ~st of and adjacent to S.R. 29 in Sec. 7, T50S, R30E, ~-~/'~/~consisting of approximately 3.5 acres. (Continued ~y from the meeting of 2/11/92). ~es. ~ Adopte~ Staff directed to work w/various agencies re enforcement, ~tc. 5/0 END OF PUBLIC ADVERTISED PUBLIC HEARINGS 14. BOARD OF COUNTY COMMISSIONERS~ COMMUNICATION~ Discussion of Mr.-Obley's letter re 1990 Cost Control Productivity Committee Report. Discussion re horticultural pickup program. Comments re Board 6Procedures for Compatibility Appeal Hearin.g.s. February 18, 1992 '. 't/with bed tax. comments re Senate debate on 2/20 of remedial legislation deaiing 15. STAFF' S COMMUNICATIONS i~ 1o 16. Comments re NACO Achievement Awards applications. Comments re off-campus Budget Workshops. 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) Selection of surveying permitting. consultant for right-of-way Approved and/or Adopted 5~0.: Evers, Pu=se As s ociate~i3~. Inc. (2) Water and sewer facilities acceptance for Berkshire Lakes, Unit 6. Recommendation to approve for recording the final plat of "Berkshire Lakes Unit Six" and grant preliminary acceptance of the roadway, drainage, water, and sewer improvements. Recommendation to approve Lien Resolutions for the following: w/stips. Reso. 92-104 w/stips..~-~:  /(a) Compliance Services Case No. 91-11-16013. Owner of record - Noel M. Williams. Compliance Sergices Case No. 91-11-16363. Owner of record - Jose Vicente Herrera. 7 February 18, 1992 Reso. 92~105 Reso. 92-106 c) Compliance Services Case No. 91-10-15338. Owner of record - Richard J. DeWitt and Maria K. DeWitt. d) Compliance Services Case No. 91-10-14412. Owner of record - The Firestone Tire & Rubber Company. Compliance Services Case No 91-08-11815. Owner of record - Guillermo Figueroa and Maria E. Figueroa. / (f) Compliance Services Case No. 91-10-14802. Owner of record - Emette H. Gomes and Ruthlyn V. Gomes. Compliance Services Case No. 91-10-14702. of record - Luc savius and Esther Savius. Owner ) Compliance Services Case No. 91-09-13384. Owner of record - Albion-Cole Land & Leasing, Inc. (i) Compliance Services Case No. 91-08-11119. Owner of record - Elba Development Corporati6n. /(i) Compl .ance Services Case No. 91-08-11120. of record - Elba Development Corporation. Owner /(k) Compliance Services Case No. 91-08-11121. of record - Elba Development Corporation. /1) Compliance Services Case No. 91-08-11122. of record - Elba Development Corporation. (m) Compliance Services Case No. 91-08-11123. of record - Elba Development Corporation. 8 February 18, 1992 Owner Owner Owner Reso. 92-i87 Re s o ' 92 -~ii"08 Re s o. 92 ~i~.09 Reso.-92-~t0 Reso. 92- ~;2 Reso. 92~;i3 Reso. 92-11~ Reso. 92.115 Reso. 92-116 Reso. 92~117 (n) Compliance Services Case No. 91-08-11373. Owner  of record - Elba Development Corporation. Compliance Services Case No. 91-05-07450. Owner of record - David M. Gadsden and Lillian B. Gadsden. ~ /(p) Compliance Services Case No. 91-10-14450. Owner of record - W. J. Hamton and Shelia B. Hamton. /(q) Compliance Services Case No. 91-08-12484. Owner of record - Ronald Charles Hoban.  /(r) Compliance Services Case No. 91-10-15481. Owner of record - Marco F & S, Inc.  /s) Compliance Services Case No. 91-08-12276. Owner of record - McGrath Roofing, Inc. Compliance Services Case No. 91-09-13051. Owner of record - Resolution Trust Corporation as Conservator of Investors Federal Savings Bank. Compliance Services Case No. 91-09-13463. Owner of record - Julius Rosenbaum and Selma Weinberg. Reso. Re s o. 92 -~l~ 9 Reso. 92-1~20 Reso. 92-12I Reso. 92~i22 Reso. 92 ~it-23 Re s.o.~:/9271,.2.4.- ~:ii. ::.%.:.i;i:-...:.:.:...:.::::::.::¥:- - . Res o', 92' ~i25 Compliance Services Case No. 91-10-14125. Owner of record - Edward L. Shanabarger and Angela M. Shanabarger. Compliance Services Case No. 91-07-10460. Owner of record - Villas of Naples, Inc. B. TRANSPORTATION 9 February 18, 1992 Reso. 92-126 Reso. 92-127 Recommendation to execute a donation agreement and accept the conveyance for acquisition of right-of-way to construct four-lane improvements upon Immokalee Road (CIE Project No. 006) and to satisfy ordinance 90-84. This item has been deleted. Recommendation to amend the four party Transportation Financing Study Agreement to reallocate funds between consultants for th purposes of providing information at a public workshop and at a public hearing. To adopt a resolution prohibiting the operation of trucks and other commercial vehicles having a rated load-carrying capacity in excess of five (5) tons from through movements on Kings Way and Kings Lake Boulevard.  (/) To adopt a resolution to revise speed limits on portions of C.R. 951 (Isles of Capri Road) between 1-75 and C.R. 846 (Immokalee Road) at 45 MPH and 55 MPH consistent with State and Federal highway ~ .... criteria. PUBLIC SERVICES (1) This item has been deleted. 2) Recommendation to adopt a Resolution authorizing the use of Florida Boating Improvement Funds regarding the construction of Conklin Point Public Boat Launch Park. Reso, 92'I28 Deleted · Reso. 92-.130 ~ - E. D. UTILITIES Recommendation to approve 'and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Robert Brett, Jr. Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Linda M. Davis. $3,920.00L' $6,600.00 3) Recommendation to approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for THC Florida Investments, Inc., 10 February 18, 1992 $9,800.00 a Florida Corporation. (4) This item has been deleted. . ) Recommendation that the Board of County Commissioners accept a utility easement and authorize its Chairman to execute the donation agreement as part of the East and South Naples Sanitary Sewer project. Deleted..'i E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Recommendation that the Board of County Commissioners '/adopt a resolution adding units to the 1991 Collier /County Mandatory Solid Waste Collection Special /Assessment Roll and authorize the Chairman to execute {/ Certificates of Correction corresponding to this ~resolution. (2) Recommendation to purchase property located adjacent to the Naples Landfill. COUNTY MANAGER (1) Recommendation to amend Bid Contract 91-1689 for the provision of sample collection and analytical services to include the Pelican Bay Services Division. Recommendation to execute a Statutory Deed conveying the interest previously acquired which has been erroneously described in the legal description and shall be reconveyed to Collier County to properly describe the lands. Reso. 92-~31 2.5 acres/S11,200. closing coasts not to exceedii~i $ 5 0 0 (3) Recommendation that the Board of County Commissioners approve a Budget Amendment transferring funds from Revenue Account 001-110401 to an Expense Account. $4,120.00~ (4) Recommendation to execute.an Easement Agreement for · / the acquisition of an Easement lying within Tax Parcel 91.0 (Parcel 316) for the Naples Production Park Municipal Services Taxing and Benefit Unit (Special Assessment District).' February 18, 1992 $3,000/$24.00 I. BOARD OF COUNTY ~0MMISSION~RS J. MISCELLANEOUS CORRESPONDENCE  (1) Certificate for,Corre~ti0~: 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. OTHER CONSTITUTIONAL OFFICERS (1) Recommendation that the Board of County Commissioners waive the formal bid process and authorize the services for the installation of a card access security system. (2) Recommendation to approve the use of confiscated trust funds to procure technical equipment. (3) Confiscated Trust Fund - appropriation for funding technical equipment to aid in crime scene investigation and suspect identification. (4) Recommendation to approve the use of confiscated trust funds to purchase specialized services to assist in an ongoing narcotics investigation by the Collier County Sheriff's Office. L. COUNTY ATTORNEY  ~) Recommendation for Board to execute Satisfaction of Lien for property located in Forest Lakes. 17. ,~DJOURN 12 February 18, 1992