Recap 11/10/1992 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
'?uesda¥, November 10, ~992
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 ~O FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
1. INVOCATION
%PLEDGE OF ALLEGIANCE
~PROVAL OF AGENDA AND CONSENT AGENDA
,_~ Approval of consent agenda.
4~ AP~R0VAL OF MINUTES
~~tober 9, 1992 - Strategic Planning workshop. tober.27, 1992 - Regular meeting.
Approved w/changes 5/0
Appro~=d and/or Adopted 5/0
Approved 5/0
Approved 5/0
5. PROCLAM~TION$ AND SERVICE AWARDS
Regarding matters previously discussed for 1992:6
Regarding matters previously discussed for 1993:8
1
NOVEMBER 10, 1992
A. Service Awards
jEEichael A. Mastro 5 years Parks and Recreation Not Present
irgilio Hermida 5 years Road and Bridge Presented
lmer M. Duncil 5 years Road and Bridge Presented
arlene M. Weber 5 years CommDev/ProRevServ
udy G. Miller 5 years Util/Admin Presented
Presented
Recognition of Ccmraissioners Shanahan, Hasse and Goodnight. Plaques Presented
AP.pROVAL OF CLERK' S REP0~T ' '
Adopted 5/0
1. Regarding matters not previously discussed for 1992:28 '
2. Regarding matters not previously discussed for 1993:5 Adopted 5/0
3.
Amproved 5/0
4. BA'S 93-~5; ~/~8; ~/~;
5/0
Budget AmeNdment Resolution No.: NONE
\/
B~
4.
5.
6.
TABULATION OF CONTRACTS AND DOCUMENTS
ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
General Fund (001) for FY 91/92
General Fund (001) for FY 92/93
Community Development Fund (113) for FY 91/92
Community Development Fund (113) for FY 92/93
Facilities Construction Fund (301) for FY 91/92
Facilities Construction Fund (301) for FY 92/93
CO~TIN~IED TO
· ~$ Recommendation to adopt the resolution and
~appropriating carry forward and expenditure
~ / ~urchase orders at the end of fiscal year 1992.
budget
budgets
amendment Continued to 11/17/92
for open
PUBLIC PETITIONS
~. Sharon D. Lyon representing South Tamiami Heights regarding a
~ lighting district and funding for sidewalks. (Continued from 11/3
~ meeting).
No Action ''
R. Bruce Anderson representing Royal Palm Golf Estates, n/k/a
Naples Shores regarding subdivision construction and maintenance
greement. (Continued indefinitely.)
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT
,~1) Relating to Petition PU-91-4 for extension of a Conditional Use
pursuant to Section 2.6.9.2 of Essential Services (formerly
Section 8.10b of Ordinance 82-2) located in Sec. 28, T47S,
R28E.
Continued and to be
brought back as soon
as possible. 5/0
2
NOVEMBER 10, 1992
Report regarding the timing of impact fee payments. (Continued Continued to 11/24/92
from the m~ting of 11/3/92) (Continued to the meeting of
11/24/R2) .... ,....~ ,~
B. TRANSPORTATION
(1) This item has been deleted. Delet~
2) Recommendation to approve a Stipulated Final Judgment in a Staff reccm~endatic~
Circuit Court case involving the Willoughby Acres Drainage approved 5/0 :
Assessment Project.
review of the concept of creating a Collier County Airport
Authority.
PUBLIC,$~RVIC~S
(1) Recommendation to accept results of the Immokalee Needs Accepted.5/0'
.Assessment as a tool in addressing issues of concern to the
Community of Immokalee.
D. UTILITIES
W~~) Hearing on the Alternative Impact Fee Study submitted by
Harmony Shores Mobile Home Park pursuant to Collier County
Ordinance No. 90-87, as amended (Continued from 10/13/92
meeting).
Withdrawn
MOVED FRO/
"\ / (2) Approval of Agreement for Professional Scheduling Services with
~/ .~ Trauner Consulting Services, Inc. for the North County Regional
.~ Water Treatment Plant.
E. ADMINISTRATIVE SERVICES
Emergency Exists;
~greement approved in
an amount not toexceed
$33,425. 5/0
3
NOVEMBER 10, 1992
WITHDRAWN: park.
(2) Recommendation to revise the Personnel Rules and Regulations. Withdra~Y1
(Continued from November 3, 1992).
acquire 2.65 acre site
through C~AC trust funds - for library, prepare
· 9/ report re 13 acre site,
( Status Report on the Proposed Golden Gate Estates Recreational sidewalks for Golden Ga~
cility. -- Boulevard-to.be considea
County to co~_~,._tinue to
landbank 56 acre site
for proposed cc~ty
5/0 ..
MOVED FROM
16(F) (2)
EMERGENCY SERVICES
i G. ~;IRONMENTAL SERVICES
H.COUNTY MANAGER
~ ~1) This item has been deleted.
~(2) R/quest for fee increase by financial advisor.
Recommendation to approve expenditure of funds for the County's Approved.5/0
Safety Facility. ~ -
~}'~i'I J: ii. ii~ ~-i: :~' ~'~
Deleted
:'::{:~:::: ':': : :ii: :i~i'::'i'i::::: : { i
f: ::f:': :u. ::i:i:::i:!::::; i-:'"7:
,ii:ii-.:::i:::: · ;:': i'i ;>~:'-'r'
::::::::::::::::::::::::::::::::::::: ~,;2::',??~,'~::::::-?~:;i;!,-:}:;::-' ;::~::..::::::
To approve resolutions requesting consideration by the Florida ReS; 92-610
State Legislature to amend elements of the 1988 Florida
Resource Recovery and Management Act or provide means to allow to :be forwarded:to
exemptions. Association of Counties
5/0 '7 :"
. .
MOVED FROM
16~(4) Recommendation to direct staff to amend Ordinance
consolidate all street lighting funds into one fund.
72-1 to
Approved subject to
County ' s Attorney's
office drafting letter t¢
Att "Y. C~_neral re legalit
.5/o
9. COUNTY ATTORNEY,S REPORT
...... BOARD OF COUNTY COMMISSIONERS
Appointment of one member to serve on the Hispanic Affairs Advisory
4
NOVEMBER 10, 1992
B. Representative ~f County Manager's Office to be present
thlv meeting with Const~itutional Office.rs..initi.ated...
//I Sheriff's Department to advise re representation at mee~kngs.
11~QTHER CONSTITUTIONAL OFFICERS
pUBLIC COMMENT ON ~ENERAL TOPICS
12. ADVERTISED PUBLIC HEARINGS - BCC
~ReS. 92-611 A~opted
appointing John R~TM Ort~
5/0: -- - -
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
,' Petition PUD-84-7(7), Kris Dane of Coastal Engineering Ord. 92-90. ~
Consultants, Inc., representing Maritime Venture I, Inc., Adopted..with stips.- 5/0
requesting a rezone from PUD to PUD known as Marco Sho~e~ PUD. .. ..
Petition R-91-12, Dr. Neno J. Spagna of Florida Urban Ord, 92-89Adopted
Institute, Inc., representing New Hope Ministries, Inc., with'stips.' 4/1'
requesting a rezone from "A" rural agricultural and "A" rural (C~a~!u. VolDe opposed)
agricultural with conditional use "6" to C-3.
etition SNR-92-5, Michael Saadeh, requesting a street name
hange from Preston Place to Erin Way, which street is located
n Erinwood Subdivision, Phase One, Vineyards PUD, Sec. 8,
49S, R26E.
ReS. 92--613 adopted
with stip. 5/0
a(2) An Ordinance amending Ordinance No. 90-86, as amended, the Ord. 92-91
Collier County Regional Water System Impact Fee Ordinance by Adopted. 4/0
mending Section 2.03 entitled Use of Monies; amending Section snarlsban ~bsent)
3.04 entitled Affordable Housing; amending Section 3.05
entitled Alternative collection Method; amending Section 3.08
entitled Review Requirement; revising Appendix B to Collier
County Ordinance 90-86; as amended by providing a new impact
fee rate schedule; amending Appendix C to Collier County
Ordinance No. 90-86, as amended, addressing areas generally
excluded from imposition of water impact fees and Appendix D
addressing master plans; providing for conflict and
severability and providing an effective date.
Ordinance amending ordinance No. 90-87, as amended, the
5
NOVEMBER 10, 1992
Collier County Regional Water System Impact Fee Ordinance by
a~ending Section 1.01 entitled Definitions; Section 2.03Ord. 92-92
e~titled Use of Monies; amending Section 3.04 entitled
A~fordable Housing; amending Section 3.05 entitled AlternativeA~Opted' 4/0
~ollection Method; amending Section 3.08 entitled Review Shanahan absent)
~equirement; revising Appendix B to Collier County Ordinance
~0-87; as amended by providing a new impact fee rate schedule;
//amending Appendix C to Collier County Ordinance No. 90-87, as
/ /amended, addressing areas generally excluded from imposition of
A / $ewe~.-impact fees and Appendix D addressing master plans;
V~providing for conflict and severability and providing an
(4)'J~~'~ 90-009, Edward Wotitzky as agent for owner, C.R.&O. Continueal to
-OeveLoDers of Naples, Inc., requesting vacation of a portion of 11/t7/92~4/0
the plat of Shadowwood Park as recorded in Blat Book ~6; Pages (~-.:'Shan~qan absent)
26-29, as recorded in the Public Records of Collier county, ~-...
Florida.~ (Continued from 10/13/92 and 10/27/92) ? _..L .-
~3. Scald o~
~ A. ADVERTISED PUBhie HEARINGS
(1) Petition A-92-6, Pamela S. Mac'Kie, Attorney for Elhannon and
Sandra Combs, requesting an Administrative Appeal of the
Development Services Director's decision that failure to comply
with' the conditions set forth by the Board of Zoning Appeals
in their approval of the 1990 Non-conforming Use Change (NUC
90-2) .to allow a bowling alley does not permit the prior
non-conforming use (shopping plaza) without Board of Zoning
Appeals approval.
) Petition 'FDPO-92-5, Raymond G. Harris of Royal Marco
Development, requesting a 5.5 foot variance from the minimum.
base flood elevation of 12 feet to 6.5 feet for a cabana and
pool 'restrooms for the property located at 5000 Royal Marco
Way, Marco Island.
Development :Services
Director's decision
overturned. 3/1
(OJ,,~,. Volpe opposed &
Cc~m. Shanahen absent)
Res. 92-612
Adopted with stipso
5/0
B. CONDITIONAL. USE
WITHDRAWN:
(1) Petition CU-92-10, Donald A. Pickworth of Asbell, Heine, Doyle
and Pickworth, P.A., representing Island Marina, Inc.,
requesting Conditional Use "2" of the RT Zoning District for
~ expanding the boundary into the waterway for the existing
Island Marina located on the west side of Vanderbilt Drive %
mile south of Wiggins Pass Road in Sec. 17, T48S, R25E.
· ' (Continued from the meeting of 10/27/92).
6
NOVEMBER 10, 1992
14. BO O COUNTY COMMISSIONERSt COMMUNICATIONS
16. ~
CONSENT AGEND~
All matters listed under this item are considered to be routine and Approv?and/orAdopted
action will be taken by one motion without separate discussion of
each item.. If discussion is desired by a member of the Board, that 5/0
item(s) _~1! be removed from the Consent Agenda and considered
separately.
A. C~MMUNIT¥ DEVELOPMENT
~/1) Recommendation to approve for recording the final
"Morrts Island a.k.a. Key Marco".
(2~ecommendat ion to grant final acceptance of the
/ drainage, water and sewer improvements for
' ~/ ~ "~a-r~f~%ton Sound".
plat of w/stipulations
roadway, ~s. 92.604
the final plat of
(3) ~ec~.mmendation to grant preliminary acceptance of the roadway,
~inage, water, and sewer improvements for the final plat of
/'A Subdivision of Tract E, Audubon Country Club Unit One, as
/ recorded in Plat Book 15, pages 30 through 35, Collier County,
~/ Florida.".
B~s. 92-605
w/stipulationS
Water and sewer facilities acceptance
Club, Unit One, Tract E.
for Audubon Country
TRANSPORTATIO~
(1) Recommendation to approve redesign of the Courthouse entrance
.- at Airport-Pulling Road so as to prohibit westbound left-turn
~ovements~ exiting the Courthouse Complex. (Continued from
.~0/27/92) ....
w/stipulations
C. PUBLInC SERVICES
~/ (~/Recommendat ion to approve an amendment to the agreement
~/ / between Collier County and the State of Florida Department of
/~ !/ Natural Resources for the use of Florida Boating Improvement
~ ~ ~ funds for the project known as Conklin Point Boat Launch Park.
WITHDRAWN: ~ ~ ~,~,
7
NOVEMBER 10, 1992
(2) Recommendation to approve and execute a limited use license
agreement between Collier County, a political subdivision of Withdrawn
the State of Florida, and the Equestrian Challenge of Naples,
Inc., . a Florida not for profit corporation, approving the use
of County property for the purpose of holding activities for a
therapeutic horseback riding event.
)
Recommendation that the Board of County Commissioners
recognize and appropriate the carry forward from fiscal year
91/92 and that the Board of County Commissioners approve the
associated budget amendment.
The Board of County Commissioners approve a lease agreement
with the United States Coast Guard ~uxiliary-9~ for
utilization of County owned property at Conklin Point boat
launch facility.
(5) Recommendation that the Board approve a supplement to the work In an amount not to
order for professional architectural services for the exceed $2,300
restoration of Immokalee Airport Park Amphitheater per annual
agreement (91-1712).
(1) Budget Amendment Recognizing FY92-93 Carry Forward Fund 412.
(2) Budget Amendment Recognizing FY92-93 Carry Forward Fund 414.
(3) Approval of Change Order No. 1 (Final) to the U.S. 41 South
Force Main Sewer Construction Contract with Stevens & Layton,
I~C.
(4) Approval of Change Order No. 3 (Final) to the Goodlette Frank
Road Water and Sewer Construction Project with Mitchell &
Stark Construction Co., Inc.
~5) ~his item has been deleted.
i~ecommendation that the Board approve a Work Order in the
Current Annual Professional Services Agreement for
/ Professional Engineering Services for Backflow Prevention
Study in Pelican Bay.
8
NOVEMBER 10, 1992
In .the. amount of
$27;8351,740.
In the amount of
$32,571,935
Deleted
w/Wilson, Miller, Bartc~
& Peek in the amount of
$18,500
(7) Approval of Work Directives 7 and 8 to the
Regional Water Treatment Plant Construction
Great Monument Construction Company.
In the amounts of
North County $71,443.89 & $35,438.79
Contract with respectively~..~ ..
~ (8)~is item has been deleted.
Recommendation that the Board approve a Work Order under the
Current Annual Professional Services Agreement for
Professional Survey and Permitting Services for a crossing of
the Cocohatchee (South Branch) at the North County Regional
Wastewater Treatment Plant.
(10) Authorization to continue
Hydrogen Sulfide.
using Bioxide
for control of
Deleted
w/A~noli, Barber &
Brundage in the amount
of $20,000
(11) Recommendation to award Bid #92-1931-R.
~/ (l~ecommendation to approve and execute the Notice of Promise to
...... V~ / Pay and Agreement to Extend Payment of Sewer Impact Fees for
William C. Minarich.
To various vendors
Recommendation to approve and execute the Notice of Promise to
Pay and Agreement to Extend Payment of Sewer Impact Fees for
Aaron S. Rosenberg and Anne Rosenberg, Husband and Wife.
4) Recommendation to approve and execute the Notice of Promise to
Pay and Agreement to Extend Payment of Sewer Impact Fees for
K. Jack Breiden and Seefried Enterprises, Inc., a Florida
Corporation.
§) Recommendation to approve and execute the Notice of Promise to
Pay and Agreement to Extend Payment of Sewer Impact Fees for
Carlos Vasquez and Patricia Rojas, Husband and Wife.
Recommendation to approve and execute the Notice of Promise to
Pay and Agreement to Extend Payment of Sewer Impact Fees for
Paul B. Hardman and Mary L. Hardman, Husband and Wife.
~Recommendation to approve and execute the Notice of Promise to
9
NOVEMBER 10, 1992
Pay and Agreement to Extend Payment of Sewer Impact Fees for
Woodrow R. Jepsen, as Trustee.
(l~Recommendation to approve and execute the Notice of Promise to
Pay and Agreement to Extend Payment of Sewer Impact Fees for
Lee Collier Apartments Corp., a Florida Corporation.
~~(z9)
(2o)
(2~)
Approval of Agreement for Professional Scheduling Services Moved ~o 8D2
with Trauner Consulting Services, Inc. for the North County
Regional Water Treatment Plant.
This item has been deleted.
Administrative adjustment to the East and South Naples
Sanitary Sewer System.
22) Recommendation to Award Bid #92-1949 (continued from 11/3/92 ~D Douglas N. Higgins,
meet ing) . Inc.
E. ADMINISTRATIVE SERVICES --- · .:. , . ::.:
(1) Recommendation to approve and execute a Third Agreement to Continued and~-tobe
Lease Agreement and Amendment to Agreement relating to the brought back as soon as
Sheriff's Office Multipurpose Training Facility. possible in conjunctic~
with Item 8A1
(2) Recommendation to add two appraisers to the list of
pre-qualified appraisers approved by the Board of County
Commissioners to provide real estate appraisal services to
Collier County, Florida.
(3) This item has been deleted.
~ (~/Recommendation to obtain approval for the Faithful Performance
~/~ / Bond of Commissioners Elect Bettye Matthews and Timothy J.
~/ Constantine.
EMERGENCY SERVICES
(1) Recommendation to extend the service agreement to fund and
operate Western Gateway Ambulance Service, Inc. through
Deceraber 31, 1992.
10
NOVEMBER 10, 1992
Deleted
MOVED TO
8(F) (1)
2) Recommendation to approve expenditure of funds for the ~Dvedto 8F1
County's share of the grand opening expenses for the East
Naples Public Safety Facility.
G. ENVI~ONMENTAL SERVICES
Recommendation that the Board of County Commissioners adopt a l~es-i~92'606
Resolution approving and certifying the Special Assessment '
Roll for mandatory solid waste collection and disposal fees
for the 1993 service year.
Approval of an Agreement with Collier County Tax Collector and ~S. 92-607
establishing an annual surcharge on occupational licenses for
hazardous waste generators.
,(2)
COUNTY MANAGER
(1) Recommendation to direct staff to amend Ordinance 72-1 toM oved to 8H4
consolidate all street lighting funds into one fund.
Recommendation to approve a change order to the contract with
ABEC Lighting, Inc. for walkway lighting in the pedestrial
park on Tract "L"~ Marco Island Beautification M.S.T.U.
) Recommendation that the Board of County Commissioners approve }~S.
the resolution increasing the fee schedule for the Board's
weekly agenda package.
I~' BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
(1) Certificate for Correct,on: NEED MOTION authorizing the
~ / Chairman to sign Certificate for Correction to the tax rolls
~/ as presented by the Property Appraiser's Office. RECOMMEND
APPROVAL.
92-608
(2) Extra Gain Time: NEED MOTION authorizing Extra Gain Time for
Inmate No. 65250, 43480. RECOMMEND APPROVAL.
11
NOVEMBER 10, 1992
$.~tisfaction of Lien: NEED MOTION authorizing the Chairman to
sign Satisfaction of Lien for Services of the Public Defender
for Case Nos. 91-2286-TMC ($372.50), 87-3713-TMC ($710.00).
RECOMMEND APPROVAL.
OTHER/CONSTITUTIONAL OFFICERS
(1)/Career Criminal Apprehension and Prosecution Grant
#93-CJ-79-09-21-01-003/Collier County Career Criminal
Apprehension and Prosecution Program award and Certificate of
Acceptance.
L. COUNTY ATTORNEY
(1/Recommend that the Board of County Commissioners grant, by
Quitclaim Deed, two (2) access easements to the South Florida
Water Management District to facilitate the District's
maintenance of a weir.
~.7.
12
NOVEMBER 10, 1992