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Recap 03/27/1990 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 27, 1990 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 Wq{O 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. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES ~Regular meetings of February 13th, 20th, and 27, 1990. 5. pROCLAMATIONS Service awards as follows: George F. Archibald, Transportation years. Services - 15 Commissioner Volpe abse~ as reflected in 4/0 vot, Approved with changes 4/O Approved as submitted 4/0 Presented David C. Davenport, Compliance Services - 10 years. Ann S. Hare, EMS - 5 years. Presented Presented Maria G. Lucero, Agriculture - 5 years. Presented David V. Miller, Road and Bridge - 5 years. B Proclamation designating the week of April 1st - April 7~h as March of Dimes "Walk America" Week. Adopted 4/0 1 March 27, 1990 Proclamation designating June 7th - June 10th, 1990 as The Retire Officers Association Days - Florida Council of Chapters. Adopted 4/O 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS ~ ~1) Petition Z0-90-3, Community Development Division ~ / representing the Board of County Commissioners · ./~ requesting an amendment to the Collier County Zoning ~ //~ Rodinance 82-2, Section 10.5, Site Development Plan. ~/ ~(Continued from 2/27/90 meeting). Ordinance ~90-25 Adopted with chances 4/O (2) Petition R-89-23, Frederick T. Barber of Agnoli, Barber & Brundage, Inc. representing Lawmetka Partnership requesting a rezone from A-2 to PUP for a commercial development to be known as Lawmetka Plaza, located at the northwest corner of intersection S.R. 45 (U.S. 41) and Wiggins Pass Road (C.R. 888) in Section 16, Township 48 South, Range 25 East, consisting of 34± acres. Ordinance ~90-26 Adopted with stipulati¢ 4/O OTHER (1) An ordinance amending Ordinance No. 86-28, as amended, the Flood Damage Prevention Ordinance. (Continued to April 17, 1990). Continued to 4/17/90 /~2) Recommendation that the Board of County Commissioners approve an ordinance to allow the agenda for regular meetings to be prepared and distributed not later than four days preceding the meeting. Ordinance 4/0 90-27 AdoptE (3)~etition AV-90-005, Maurice Larison, Jr. as ow~r, requesting vacation of a portion of the six /Foo~. (6') drainage and utility easement located on a ~/portio~ of Lots 48 and 49, Block 74 of the plat of ~olden Gate Unit Two as recorded in Plat Book 5, Pages 65-77 of the public records of Collier County, Florida. 2 March 27, 1990 Res. 90'173 Ad. opted 4~ (4) Petition ~V89-O28, William Schweikhardt as agent for owner, Vac Realty, Inc., requesting vacation of a fifteen foot utility easement on Lots 1, 2, 3, 30 and a seven and one half foot utility easement on Lot 29, ~Block "A", Los Pinos as recorded in Plat Book 1, Page ~46 of the public records of Collier County, Florida, so petitioner can more uniformly develop property. Res. 90-174 Adopted 4/( 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-90-4, Arthur Kobel, Jr.., the previous property owner, representing Robert P. and Louise L. Melin, requesting a .21 foot variance from the required 7.5 foot side yard setback along the eastern property line for property located at 224 Johnnycake Drive, Lot 89, Willoughby Acres. Re s. 90-175 Adopted 4/ (2) Petition A-87-5; recommendation to hear an appeal of the Planning/Zoning Director's decision to refuse the issuance of an occupational license for Subway of Marco, Inc. due to non-conformance with ordinance 82.2. (Continued to April 10, 1990 per County Attorney). Continued to 4/10/90 (3) V-90-2, Charles Luck requesting an 11 foot variance from the required front yard setback of 25 feet to 14 feet and an 11 foot variance from the required rear yard setback of 25 feet to 14 feet to add a carport for property located at 1219 Bald Eagle Dr., Lot 15, Port Marco, Inc., Marco Island. (Continued to April 24, 1990 meeting). Continued to 4/24/90 (4) Petition V-90-3, James Payne requesting a 2 foot variance from the required side yard setback on the north property line of 0 or a minimum of 5 feet to 3 feet, a 22.5 foot variance from the required front yard setback on the west property line from 25 feet to 2.5 feet, a 21.58 foot variance from the required front yard setback on the south property line from 25 feet to 3.42 feet for replacing existing mobile home and storage shed and also constructing carport and a roof over the carport and storage shed on property located at 1219 Bald Eagle Drive, Lot 8, Port Marco, Inc., Marco Island, Florida. (Continued to April 24, 1990 meeting). 3 March 27, 1990 Continued to 4/24/90 (5) Petition V-90-1, Joseph Christy, representing the Chalet of San Marco Condominium Association requesting a 70 foot variance from the required side yard setback of 75 feet, to permit an accessory parking structure, for the property located on the west side of Collier Boulevard, further described as 520 So. Collier Boulevard, Marco Island, Section 17 and 18, Township 52 South, Range 26 East, Collier County, Florida. (Continued to April 10, 1990 meeting). Continued to 4/10/90 END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE CONTINUED TO 4/10/90 MEETING (1) Petition PU-89-25, James L. Harper of A-1 Gas Company, representing Naples Fertilizer and Supply Company, requesting Provisional use "3k" in a C-4 Zoning District for retail sales of propane. Continued to 4/10/90 8. PUBLIC PETITIONS A. Debra Frederick requesting Certificate of Occupancy for electric to mobile home. B. Herbert Cambridge requesting Martin holiday. Luther King C. Patrick Kane requesting use of public funds. 9. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT (1) Community Development Services Division requesting Board of County Commissioners to set a public hearing date for DRI-89-1, "Grey Oaks". 4 March 27, 1990 Temporary Certificate issued for 12 month period, with no renewa~ 4/0 Staff to consider Mart~ Luther King Day obserw being incorporated int~ holiday schedule and back recommendations 1991 schedule. 4/0 Agreement between Foun, For A Drug Free Genera' & BCC to be prepared & brought back; County's intent to be made know to the community. 4/0 June 5, 1990 set as pu hearing date. 4/0 (2) Community Development Services Division requesting Board of County Commissioners to set a public hearing date for Petition PDA-90-1 and DOA-90-1, amending Tollgate Commerce Center PUD and development order to determine if a substantial deviation exists. May 22, 1990 set as publ hearing date. 3/0 (Comm. Saunders not pre: MOVED FROM '~) (3) Lely Agreement. Resorts - Lely Elementary School Agreement approved as amended. 4/0 B. TRANSPORTATION C. PUBLIC SERVICES D. UTILITIES (1) Award contract for construction of East and South Naples Bid #89-1512 wastewater collection facilities, Contract No. 5. Awarded to Mitchell & Stark Construction in the amt. of $704,843.40 4/0 .' E./ ADMINISTRATIVE SERVICES  (1) Recommendation to approve a resolution authorizing expenditure of funds for March of Dimes Walk America" t-shirts, trophies, plaques ~ and refreshments. Res. 90-176 Adopted 4/f ~2) Recommendation to adopt resolutions revoking /Certificates of Public Convenience and Necessity ~/ from J & R Enterprises of Naples, Inc. d/b/a Royal /~ Rose Shuttle, Beach Club of Marco Hotel, Execunet ~ Transportation Systems, Inc., Feathers Limousine Service, Global Limousines of Naples, Sunshine State Shuttle, Tropical Taxi, Royal Transportation of S. W. Florida, Inc., and A-OK Taxi, Inc. Res. 90-177 through 90-185 (respectively) Adopted 4/0 F. EMERGENCY SERVICES (1) An activity report and process recommendation offered by the Fire Consolidation Citizens Study 5 March 27, 1990 Report accepted. Staf recommendations approv 4/0. Group. (2) A summary seeking Board of County Commissioner approval to solicit an Attorney General's opinion of statute clarifying fire code compliance responsibilities in new construction. Approved 4~/0 ADD: (3) A summary informing the Board of the progress in developing the Golden Gate and North Naples Emergency Services complexes and seeking approval of a staff recommendation to proceed. G. ENVIRONMENTAL SERVICES H. COUNTY MANAGER 10. COUNTY ATTORNEY'S REPORT 11. CLERK TO THE BOARD'S REPORT A. Budget Amendments / (1) Regarding matters not previously discussed: (2) Regarding matters previously discussed: 3. (3) Budget Amendment Resolution No. 13 an~ 14. B. Tabulation of Contracts and Documents (as of noon previous Tuesday). North Naples Complex deferred until next fis. year. Staff to negotia with W.G. Mills Inc. fo the Golden Gate Complex and come back to BCC. 4/O BA's 90-144 and'151 Adopted 4/0 BA's 90-145, 147 & 149 Adopted 4/0 BAR's 90-13/14 Adopted 4/O C. Analysis of Changes to Reserves for Contingencies. (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). 6 March 27, 1990 12. BOARD OF COUNTY COMMISSIONERS 13. OTHER CONSTITUTIONAL OFFICERS A. Expansion of Probation Department personnel. Approved 4/0 B. Recommendation to approve and execute an agreement ~etween Larry's Amusement, Inc., a Florida corporation /and the Board of County Commissioners of Collier County, ~/ Florida for the purpose of a carnival to be held in V ~,~ Immokalee, Florida. Carnival Permi~ 90-4 re CP-90-4 approved; surety bond and filing fee waived. 4/0 14. 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 ~/~) Recommendation to approve for recording, the final lat of "951 Commerce Center". MOVED TO (2) Lely Resorts - Lely Elementary School Agreement. Adopted and/or approved 4/0 (Comm. Volpe absent with stipulations Moved to 9 (A) (3) Lely Resort - Temporary golf facilities agreement. (4) Recommendation to approve the final plat of '~SE~assy Woods Golf and Country Club at Bretonne Park, Phase One". (5) ~Recommendation to grant preliminary acceptance of roadway, drainage, water and sewer improvements the final plat of "Rocky Pines Estates, Unit Two". with stipulations Res. 90-186 with stipulations B. Transportation ~/1). Recommendation to execute a "Subordination of ~ ~.Uat/~11 er Agreement between Collier County or and Light Company pertaining to right-of-way acquired by Collier County along C.R,. 951 between U.S. 41 and Rattlesnake Hammock Road (C.R. 7 March 27, 1990 864), C.I.E. Project #010. (2) Recommendation to approve and execute a limited use license agreement between the Board of County c~mm' issioners and the Immokalee Chamber of Commerce ~/~hich provides for the use of County-owned property to ,~old the 1990 Harvest Festival. (3) Recommendation to consider acceptance of sections /~/ of Daniels Road for County maintenance subject to construction in conformance with current County ~' ~ requirements. with stipulations (4) Recommendation to approve reimbursement payment in lieu of providing culvert material for the Camp Keais Road project. In the amount of $27,568.70 Recommendation for Board acceptance of an easement Airport Road right-of-way from Neapolitan terprises Company. C. Public Services ~ ~ Recommendation to approve a resolution amending  //the format for service agreements for recreational j\\ services. (2) Recommendation to approve appointments of officers to Collier County Agricultural Fair and Exposition, Inc. Board of Directors. (3) Recommendation to purchase an expanded telephone system for the HRS Collier County Public Health Unit in Immokalee. Subject to review by County Attorney's offi¢ Res. 90-187 Appointing W.J. "Bill" Hill, Bennie ZiDperer, Jo Selvia, James C. Gi Holly Chernoff, Richas Oltmanns, Bonnie Fauls Dr. Thurman Hux, In the amt. of. $11,82( D. Utilities E. Administrative services '~,~ ~//~th)e Recommendation to grant a conservation easement to State of Florida Department of Environmental Regulation in compliance with a consent order. ~/~) Recommendation to approve and execute a resolution 8 March 27, 1990 appointing and authorizing the Real Property Management Director to execute documents pertaining to the transfer of County real property. Res. 90-188 WITHD~ (3) Reco~endation to cancel current taxes upon land ac~ired for public use 34.9 acre site located in the Vineyards PUD. co~endation to cancel taxes, delin~ent or Cu~rent, upon land ac~ired for public use - the ~land portion of Conklin Point consisting of 6.83 acres. Withdrawn Res. 90-189 F. Emerqency Services (1) Recommendation for approval of agreement and adoption of resolution authorizing the execution and acceptance of said agreement between the State of Florida Department of Community Affairs and Collier _~QQunty regarding certain Emergency Management related activities. G. Environmental Services H. County Manager .~ (lJ~ecommendation that the Board of County ~.-C~m~issioners authorize staff to issue purchase orders ~ ' on the Health Building project as a means of reducing \ costs on capital projects. Res. 90-190 ~(2) Recommendation to award Bid No. 89-1513, installation of a 4" water distribution line, Golden Gate Parkway median, Phases II, III& IV. I. Miscellaneous Correspondence (1) Extra Gain Time: NEED MOTION authorizing Extra Gain time for Inmate No. 35896, 60935, 36317, 49869, 39013, 46782, 43043, 54005, 39190. RECOMMEND APPROVAL. Basic Water Systems, in the amount of $43,748.61 3/1 (Comm. Shanahan opposed). (2) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services /of the Public Defender for Case Nos. 89-964,1142-M~, 89-1492-TM ($25.00), 89-3297-PIM ($100.00), 89-67-CF ($25.00), 88-586-CJ ($37.50), 89-57-CJ ($37.50), 89-6338-TM ($25.00). RECOMMEND APPROVAL. 9 March 27, 1990