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Recap 03/12/1991 RNOTICE: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 12, 1991 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" 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. INVOCATION pbEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA A. Approval of consent agenda. B. Approval of Clerk's Report. Approved. 5/0 Approved and/or Adopted, 5/O Approved. 5/0 4. APPROVAL OF MINUTES January 8, 1991 regular meeting. Approved. 5/0 PROCLAMATIONS AND SERVICE AWARDS A. Service Awards Michelle McDonald Parks and Recreation - 5 years Jerry L. Hamm - Road and Bridge, District 1 - 5 years Presented Proclamations 1. Reverend Theodore (Ted) Klees Day Adopted. 5/0 1 March 12, 1991 National Middle Level Education Week Know Your County Government Week / Adopted. 5/0 Adop te d~-~/O ............ ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER (1) Recommendation to approve a resolution approving the plans, specifications, cost estimate, and tentative assessment roll for the Euclid and Lakeland Avenues Roadside Improvements Municipal Service Benefit Unit; confirming the initial resolution; ordering the construction of the roadside improvements within the benefit unit to be financed with special assessments against the benefited parcels of property for such improvements. (Continued to meeting of 3/19/91). Continued to 3/19/91 (2) Recommendation to adopt a comprehensive speed limit ordinance for County-maintained roadways. Approval of an Ordinance creating the Environmental Policy Technical Advisory Board. P/etition SMP-90-23, Harold T. Benoit, representing / Cynwd Investments, requesting a Subdivision Master Plan approval for K-Mart Center, to be located on the north side of Golden Gate Parkway, approximately 0.8 miles east of Santa Barbara Boulevard in Sec. 28, ~ T49S, R26E, consisting of 29.63 acres. (Continued from the meeting of 2/26/91). Ord. ~91-25 Adopted as amended. 5/0 Ord. #91-26 Adopted as amended. 5/0 Res. #91-249 Adopted subject to Petitioner'~ Agreement. 5/0 (5) Petition SNR-91-2, Laura R. Ryan of Wilson, Miller, Barton & Peek, Inc., representing Lely Development 2 March 12, 1991 Continued to 3/19/91 Corporation, requesting a street name change from Cherry Lane to Tiger Island Boulevard in Lely Resort Phase One, south of Grand Lely Drive and west of CR 951 in Sec. 27, T50S, R26E. (Continued to the meeting of 3/19/91). (6) Petition SNR-91-1, Laura R. Ryan of Wilson Miller, Continued to 3/]_9/91 Barton & Peek, Inc., representing Lely Development Corporation, requesting a street name change from Pinnacle Boulevard to Celeste Drive located in Lely, a Resort Community, Phase One, south of Grand Lely Drive, west of CR 951 in Sees. 27 and 34, T50S, R26E. (Continued to the meeting of 3/19/91). (7) Petition CCSL-90-11, Clyde C. Quinby, Trustee, requesting a coastal construction setback line variance for the construction of an elevated dune walkover structure for the Watermark Condominium to provide pedestrian access to the beach through an easement on the Seawatch Condominium Association, Inc., property (Lots 7, 8, and 9, Block B, Unit 1, Vanderbilt Beach Estates) in Sec. 32, T48S, R25E. (Continued to the meeting of 3/19/91). Continued to 3/19/91 (9) Petition SMP-90-33, W. Terry Cole of Hole, Montes and ASsociates, Inc., representing Associates of Livingston Road, Ltd., requesting Subdivision Master Plan approval for Livingston Road Country Club located at the intersection of the proposed north/south extension of Livingston Road and an as yet unnamed road, in $ecs. 11, 12, and 13, T48S, R25E, consisting of 482 acres. (Continued to the meeting of 3/26/91). Continued to 3/26/91 (10) A Public Hearing to consider adoption of a resolution Continued to 4/9/91 pertaining to the Pine Ridge Industrial Park Area Improvement Assessment District and updating the 5/0. tentative Apportionment Roll of assessable improvements therein. - (Continued from the meeting of 2/26/91). (11) Petition PDA-89-16, Barbara Henderson Cawley of Wilson, Miller, Barton and Peek, Inc., representing March 12, 1991 Continued. 5/0 Amnon Golan, Trustee for Orangetree Associates, requesting amendments to the Orangetree PUD located on the east side of CR 846, Immokalee Road, and north and south of Oil Well Road in Secs. 11, 12, 13, 14, 22, 23, 24, 25, 26, and 27, T48S, R27E. (Continued from the meeting of March 5, 1991). 7. BOARD OF ZONING APPEALS ADVERTISED pUBLIC HEARINGS (1) Petition A-90-8, Kathleen C. Passidomo, representing Vari-Care, Inc., requesting an administrative appeal of the Planning/Zoning Director's decision to deny the SDP revision for Vari-Care which would allow re-location of the entrance driveway for Vari-Care (SDP-89-87A) (Continued from the meeting of 2/26/91) (Withdrawn). Withdrawn. Petition v-90-18, David G. Gary, requesting a 7.5 foot variance from the required side yard setback of 15 feet to 7.5 feet for property located at 818 93rd Avenue North, Lots 35 and 36, Block 53, Naples Park Unit 4. (Continued from the meeting of 2/26/91). Res. 91-250 Adopted 5/ (3) Petition A-91-1, James H. Siesky representing Hubschman Associates, owners of Falling Waters PUD, requesting an administrative appeal of the Planning/Zoning Director's decision that their proposed public restaurant is not a permitted use. (Continued from the meeting of 2/26/91). Planning/Zoning Direct decision sustaine~ 3/2 (Comm. Saunders and Goodnight oppose~). (~ Petition No. AW-90-3, Frances C. Tifft, representing J. T.'s Store, Inc., requesting a 218 foot waiver from the minimum required separation of 500 feet between places of business serving alcoholic beverages and a school, church, public park, or playground, with a resulting 282 foot distance separation from the Church of God for property located at 370 Mamie Street, Chokoloskee, Florida. (Continued from the meeting of 2/26/91). Request for waiver denied. ' 5/0 (5) Petition v-90-19, Kenneth Dale requesting a 10 foot Continued to 3/19/91 4 March 12, 1991 variance from the required front yard setback of 20 feet to 10 feet for covered parking on property located at 904 Panama Court, Marco Island, known as Tiki House Condominiums, Lot 17, Block 337, Marco Beach, Unit 10. (Continued to the meeting of 3/19/91) . (6) Petition V-91-1, Walter Peterson representing Shell Island Condominium requesting a 14 foot variance from the required 20 foot front yard setback to 6 feet for covered parking on property located at 898-902 Panama Court, further described as Shell Island Condominium, Lots 18-20, Block 337, Marco Beach, Unit 10. (Continued to the meeting of 3/19/91). Continued to 3/19/91 END OF ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE (1) Petition PU-90-30, Robert L. Duane of Hole, Montes & Associates, Inc., representing Florida Rock Industries, requesting a Provisional Use "o" of the A-2 Zoning District for a portable aspbaltic concrete batch plant for the property located on the northeast corner of CR 951 and Immokalee Road (CR 846) in Sec. 23, T48S, R26E, consisting of 80 acres. (Continued from the meeting of 2/26/91). Res. #91-248 Adopted with amended stipula- tions. 5/0.' Petition PU-89-21, Mr. Robert Duane of Hole, Montes and Associates representing Anita M. Pittman requesting an extension of Provisional Use 89-21 of the C-6 zoning district. Res. 91-251 Adopted 5/0. (3) Petition PU-90-22, Richard L. Houghton requesting approval of Provisional Use "b" in the A-1 zoning district to obtain building permits for an existing hunting camp. (Continued to the meeting of 3/19/91). Continued to 3/19/91 (4) Petition PU-90-1,. William C. McAnly of William C. McAnly and Associates, P.A., representing College Properties of Southwest Florida, Inc., requesting Provisional Use "b" of the A-2 Zoning District to March 12, 1991 Continued to 3/19/91 allow an earth mining operation for property located 3.5 miles east of CR 951 and north of Sable Palm Road in Sec. 20, T50S, R27E, consisting of 83.7~acres. (Continued to the meeting of 3/19/91). PUBLIC PETITIONS A. Michael V. Cerrato regarding rezoning of property. B. Mr. & Mrs. Solimine - determination as to whether a public nuisance exists. Petitioner to meet wi County Attorney an~ S to determine availabL alternatives (~Consens Administrative fee waived; Petitioner to pay the $45 mowing charge; Staff to ~ete mine what is mowable that the Petitioner c comply in the future. 5/0. 9. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT. (1) The Community Development Division requesting a waiver of the variance application fee on behalf of Warren Eisener for property located on Block R, Lot 45, Unit 3, of the Vanderbilt Beach Subdivision, Sec. 29, T48S, R25E. Waiver of application fee approved 5/0. Resolution for declaration of a common nuisance - Compliance Services Case No. 91-02-01733. Owner of record - Atlantic Coastline Railroad Company. Res. 91-252 Adopted 5 B. TRANSPORTATION (1) Feasibility report and recommendations on alternate access improvements between the Golden Gate Estates and the Naples urban area following completion of 1-75. (Continued from meeting of 2/12/91). (Continued to later date). Continued to indefinit( date. 6 March 12, 1991 (2) Recommendation to approve the purchase of one (1) replacement motor grader for the Road & 'Bridge Department (Bid #90-1664). Approved & Awarded to Adams Dewind in the amount of $70,114.00. 5/0 C. ~UBLIC SERVICES D. UTILITIES MOVED FROM 16 (D) (6) ~)~ Approval of Agreement for Professional Engineering ~~ Services with Hole, Montes and Associates, Inc. for 24-Inch Water Main on Immokalee Road. Approved. 5/0 E. ADMINISTRATIVE SERVICEs F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES H. COUNTY MANAGER (1) Recommendation to award a contract for Bid No. Continued to 4/9/91 90-1553, construction of watermains, sanitary sewers, road and drainage improvements in the Pine Ridge 5/0. Industrial Park Area Improvement Assessment District. [(Companion to 6(C) (10)] - Continued from 2/26/91, Agenda Item No. 9(H) (1). 10. COUNTY ATTORNEY'S REPORT A. Discussion of settlement proposal by the Citizen's Settlement proposal Political Committee, Inc. and James K. Kessler regarding denied 4/1 (Commissior challenges to the Growth Management Plan and Land Saunders oDI)osed) Development Regulations; recommendation to decline - - settlement proposal. Chairman to appoint Commissioner to meet with principals to attempt compromise 4/] (Comm. ,VOlpe opposed) 11. CLERK TO THE BOAR0'S REPORT A. Budget Amendments  'i (1) Regarding matters not previously discussed: '~-" (2) Regarding matters previously discussed: 1 (3) Budget Amendment Resolution No. NONE BA's 91-113 .& 91-118 Adopted. 5/0 BA-91-116 Adopted. 5/0 7 March 12, 1991 B. Tabulation of Contracts and Documents (as of noon previous Tuesday). Analysis of Changes to Reserves for Contingencies (1) General Fund (001) (2) Facilities Construction Fund (301) (3) Community Development Fund (113) 12/' BOARD OF COUNTY COMMISSIONERS / A. Appointment of members to the Pelican Bay MSTBU Advisory Committee. B. Discussion regarding loitering ordinances. from 3/5/91 meeting). (Continued Res. ~91-253, appoint 6 addition mbrs: T. Garlick, D. O'Neil J. Mc~rphy, F. Flatt M. Biondo, A. Ferrao. 5/O Direction to County Attorney's office to prepare for review a Loitering Ord. (Consensus) C. Discussion regarding flags on the Marco Island Bridge. ADD: D. Flags on lights at nor & south approaches to Marco Bridge approved. no County expense. 5/. Consideration by the Board of County Commissioners to Approved and plaaue to dedicate the Golden Gate Emergency Services Complex in be placed at base of the honor of Staff Sgt. Mark Witzke, U.S. Army, who gave his life in Operation Desert Storm. flagpole. 5/0 15.. OTHER CONSTITUTIONAL OFFICERS 14. ~OARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 8 March 12, 1991 15. STAFF COMMUNICATIONS ¢ONS~N~ 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 MOVED TO 9(A)(2) (1) Resolution for declaration of a common nuisance - Compliance Services Case No. 91-02-01733. Owner of  record - Atlantic Coastline Railroad ComPany. Moved to 9 (A) 2 (2) Recommendation to approve lien resolutions for the following: (a) Compliance Services Case No. 90-10-11155. Owners of record - Mario Bonaquist and Mary A. Bonaquist.  (b) Compliance Services Case No. 90-10-10546. Owners of record - Celeste Carlesimo and Meri Carlesimo. Res. 491-218 Res. #91-219 ~/~) compliance Services Case No. 90-09-10254. Owners of record Celeste Carlesimo and Meri Carlesimo. Res. ~91-220 compliance services case No. 90-09-09255. Owners of record - Stephen D. Cinader and Alice V. Cinader. Res. ~91-221 compliance services case No. 90-09-10256. Owner of record - Joseph Esselman. of record - Richard W. Field. 90-09-08708. Owner Compliance Services Case No. 90-09-09649. Owners of record - John C. Garrison, Jr., and Virginia Garrison. 9 March 12, 1991 Res. a91-222 Res. a91-223 Res. ~91-224 Compliance Services Case No. 90-09-09395. Owner Res. 991-225 of record - Joseph J. Lauren under Joseph J. Lauren Trust. Compliance Services Case No. 90-09-09477. Owners of record - Carl S. Lohmann, Sr., and Ruth Ann Lohmann. Res. 991-226 j) Compliance Services Case No. 90-08-07914. Owner of record - Marco Media Enterprises. /(k) Compliance Services Case No. 90-09-09480. Owners of record - Maximillian J. Thiel and Joetta Thiel. Res. #91-227 Compliance Services Case No. 90-10-10400. Owners of record - Maurice L. Tremblay and Eva I. Tremblay. Res. ~91-229 Compliance Services Case No. 90-08-06670. Owner of record - Estille R. Vaughn . Res. ~91-230 Compliance Services Case No. 90-10-10558. Owner of record - Robert J. Agostinho. Res. ~91-231 ~ ~) Compliance Services Case No. 90-10-10344. Owner of record - William H. Berner. Res. #91-232 ~ ~) Compliance Services Case No. 90-10-11161. Owners of record - Mario Bonaquist and Mary A. Bonaquist. Res. #91-233 ~(q) lCompliance Services Case No. 90-09-09112. Owners of record - Dekrijger and Roozen P.E.V., B.V., Trustee. Res. #91-234 10 March 12, 1991 Compliance Services Case No. 90-09-09090.· Owner of record - Enriqueta de Gutierrez. Compliance Services Case No. 90-10-10359. of record - Jo W. J. Investments, Inc. Owner Compliance Services Case No. 90-06-03545. Owners of record - Richard Jordan and A. Paul Gregg. Compliance Services Case No. 90-09-09390. Owners of record - Renee Chomereau Lamotte, Daniel Chomereau Lamotte, and Suzanne Claire Chomereau Lamotte. Res. ~91-235 Res. #91-236 Res. 991-237 Res. #91-238 Compliance Services Case No. 90-09-09391. Owners of record - Renee Chomereau Lamotte, Daniel Chomereau Lamotte, and Suzanne Claire Chomereau Lamotte. Res. 99!-239  "Compliance Services Case No. 90-09-09554. of record - Cade Long and Cartie C. Long. (~Compliance Services Case No. 90-10-10499. ~ ~// of record - Ramesh Persad Maharaj. Owners Owner Res. #91-240 Res. #91-241 (y)~ompliance Services Case No. 90-09-09609. Owners record - Edward J. Pelc and Laverda L. Pelc.  mpliance Services Case No. 90-08-07224. Owner record - Warren W. Stewart. Compliance Services Case No. 90-10-10991. Owner of record - Varnville Corporation N.V. , a corporation organized under the laws of Curacao, Netherlands Antilles. Res. #91-2~.2 Res. .a91-243 Res. #91-244 11 March 12, 1991 (3) Water facilities acceptance for Furse Lakes Club. w/stips. (4) Marco Shores, Unit 30 - Golf Course Construction Agreement Amendment. w/stips. B. TRANSPORTATION (1) Recommendation to approve a quitclaim deed for a portion of the ten foot (10') utility easement unplatted, located in Section 13, Township 50 South, Range 25 East as recorded in the Official Records Book 993 on Pages 804 through 806 of the Public Records of Collier County, Florida and accept a ten foot (10') replacement utility easement. C. PUBLIC SERVICES ~1) Recommendation that Board approve amendment to agreement with Upjohn Healthcare Services, Inc. to increase contract amount. D. UTILITIES (1) Recommendation to Approve the Award of Bid #91-1686 for One (1) Three Ton Compact Trackhoe Excavator. (2) Award Contract for Construction of Rattlesnake Hammock Road Water Main - Bid #91-1679. in the amount of $409,809.78 and to (3) Reimbursement to Developer for Installation for Portion of CIE Nos. 910 and 912. Awarded to Florida Contractor Rental & Sales in the amount o~ $21,744.80 Awarded to Mitchell & Stark Construction Co. American Ductile Iron Pipe in the amount of $526,235. In the amount of $154,274.85 WITHDRAWN: (4) Approval of Agreement for Professional Engineering Services with Hole, Montes and Associates, Inc. for Pump Stations 3.11 and 3.14. Withdrawn WITHDRAWN: (5) Approval of Agreement for Professional Engineering  Services with Hole, Montes and Associates, Inc. for Master Pump Stations 1.03 and 1.07 Along Immokalee Road. Withdrawn 12 March 12, 1991 MOVED TO: 9(D) (1) (6) Approval of Agreement for Professional Engineering Services with Hole, Montes and Associates, Inc. for 24-Inch Water Main on Immokalee Road. (7)/Approval of Agreement for Professional Engineering Services with Hole, Montes and Associates, Inc. for 24-Inch Water Main on C.R. 951, North. Moved to 9(D) l In an amount not to exceed $111,000 ADMINISTRATIVE SERVICES (1) Recommendation to award bid #90-1662 parts. for electrical Awarded to Richard Electric Supply F. EMERGENCY SERVICES /  / Recommendation to approve and execute a new lease agreement between Collier County, a political subdivision of the State of Florida, and Richard B. Lansdale, for the continued utilization of office space by the Emergency Services Division.  Ochopee Fire Control District grant request. In the annual amount of $13,500 ENVIRONMENTAL SERVICES (1) Award Recycling Education Contract to Computime Micro Learning Centers, Inc. (RFP #90-1668). (2) Board approval for the appropriation of carry forward and the budget amendment to allocate funds. In the amount of $27,500 In the amount of $3,501,486 H. COUNTY MANAGER ~/Recommendation to approve Supplemental Agreement No. , / 3 to the Consulting Landscape Architect Services ~/ Agreement with A. Gail Boorman & Associates for the Marco Island Beautification M.S.T.U. In the amount of $8,085. (~Recommendation that the Board of County Commissioners authorize Resolution 91-__ requesting Florida senators co-sponsorship of Senate Bill S.140, a bill to increase the authorization for federal 13 March 12, 1991 Res. a91-245 payments-in-lieu-of-taxes to counties. I. BOARD OF COUNTY COMMISSIONERS 1) Appointment of members to the Marco Island Beautification Advisory Committee. Appointment of one member to the Emergency Medical Services Advisory Council. Res. ~91-246 re-appoi] Jane Hittler, ~argare~ (Morgan) Paulson and Andy Wallach Res. ~91-247 appointi] Thomas W. Brown J. 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. OTHER CONSTITUTIONAL OFFICERS (1) Recommendation that the Board of County Commissioners authorize its chairman to execute satisfaction of /lien documents and direct the Clerk of Courts to % /record same in the public records of Collier County, ~/Florida. L. COUNTY ATTORNEy 17. ADJOURN 14 March 12, 1991