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Recap 09/26/1989 R ./ 1// , /?. ~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 26, 1989 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. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA approved wi change'S ,,5/0' ' Regular meeting of September 5, 1989. approved 5/0 4. APPROVAL OF MINUTES 5. PROCLAMATIONS 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS A B. ZONING AMENDMENTS (1) Petition R-88-21, community Development Division requesting approval of an ordinance to amend Exhibits 2-5 attached to Ordinance 89-20 "Sand Ridge" planned unit development to. reflect revised Exhibits 2-5. Ord. #89-64 Adopted 5/0 (2) Petition ZO-89-22, Community Development Division, representing the Board of County Commissioners, requesting an amendment to Collier County zoning Ordinance 82-2 amending section 7.7, "RO" Recreation and Open Space District, b.3, permitted Provisional Uses and Structures, by adding Provisional Use "p" - Child Care Centers. Failed 3/2 (Connn. Has,se and Volpe opposed) _ County Attorney to investi- gate reconsideration. 1 J~/;r ~ /DJ~ft, /(V~ ' j,' Sales Tax Advisory commi,ttee i to be formed along lines '. outlined by Co. }1'gr; Bee to make appointments to the committee within 2 weeks. 4/1 (Comm. Volue opposed). C. OTHER ITEM 9(H) (1) MOVED TO BE DISCUSSED WITH THIS ITEM September 26, 1989 v (1) Recommendation that the Board Annual capital Improvement Element Collier County Growth Management Plan. adopt the First Update of the .' (2) Petition AV-89-016, Carl Anderson, as petitioner, requesting vacation of the six foot (6') side easements on Lots 27-29, Block 84, Golden Gate Unit 3, so petitioner may build across the interior of side lot lines. I / '7 /~ 7 / rJ!V Ord. #89-65 adopted 3/2 (Comm. Hasse and Comm. Volpe opposed) / Reso.#89-258 approved 4/1 (Comm. Hasse opposed) v (3) Petition AV-89-010, Lennar Homes, requesting Reso. 4F89...;259 vacation of the fifteen (15) foot drainage easement Approved 5/0., between Tracts 1 and 2G, Wiggins Bay, Phase I so petitioner can build across easement. (4) Petition AV-89-007, Astron Development of Naples, Inc. requesting vacation of a portion of the drainage easement on a portion of Block "C", Crescent Lake Estates so petitioner can build across easement. (5) Petition SMP-89-11, Jeffrey A. Nunner of Hole, Montes and Associates, Inc., representing Audubon Country Club, requesting Subdivision Master Plan approval for Tract B of Audubon Country Club, Unit 1, in section 9, Township 48 South, Range 25 East. REQUEST THIS ITEM BE HEARD - p.a' I - " ." .:,../.", . " , Reso. #89-261 ~/~' Approved 5/0 /A~(! w/CCPC StiPu1atib~~ (~ 'h1. , I~ r' . '"~'Y/fJ vlpl- 5/0' AT (~) Pc~~sideration of an ordinance amending Ordinance Ord. #89- 66 adopted No. 85-33 by expanding the definition of property w/ changes -- which is a public nuisance due to overgrown weeds, grass or undergrowth. (7) Consideration of an ordinance amending Ordinance No. 87-16 making it unlawful to possess alcoholic beverages in any public or semi-public parking lot and beach access area. 2 September 26, 1989 Ord. #89-67 Adopted 5/0 -/ 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-89-10, Craig R. Woodward requesting a 6.9 foot variance from the required side yard setback of 7.5 feet to .60 feet on the northern side yard for property located at 904 Juniper Court and is further described as Lot 1, Block 122, Marco Beach Unit Four (Section 8, Township 52 South, Range 26 East). (2) Petition V-89-9, Ms. Rennie Belice representing homeowners of Riviera Golf Estates, requesting a 3 foot variance from the maximum height of a fence of 6 feet for the property located at Bordeaux Circle, abutting County Barn Road, Lots 447, 446, 445, 444, 443, 442, 441, 440, 439, 433 and 432, Section 17, Township 50, Range 26. END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE Approved 5/0 Petitioner to take care of any encroachment on property next door. Reso. 1189-'1 \\\1-, . Approved 5/0 \""r 8. PUBLIC PETITIONS A. Curtis D. Mitchell requesting extension/renewal for Approved 5/0 agricultural business - mobile home permit. CONTINUED TO 10/3/89 C. Donald A. Pickworth representing Wiggins Pass Club Continued to 10/3/89 regarding Board confirmation of development rights. (Continued from 9/12/89 meeting). B. Jo~n Hooley regarding site development plan Petition 89-39, undivided Block 75 of Golden Gate Unit 2. E- ,/ .;' ./ 9. COUNTY MANAGER'S REPORT 3 September 26, 1989 Continued for 2 week& Attorney Cuyler and Staff to determine what BCC can and should do. CONTINUE TO 10/10/89 v:. A. COMMUNITY DEVELOPMENT (1) Recommendation that the Collier County Board of County Commissioners uphold the interpretation that industrial uses in Township 48 South, Range 26 East, Section 25 are not consistent with the Growth Management Plan (GMP-I-1). TRANSPORTATION (1) Recommendation that the Board of County Commissioners approve a resolution authorizing staff to acquire, by gift, purchase, or condemnation, twenty-five feet of additional road right-of-way needed for the four-laning of County Road 951 (C.R. 951) between U.S. 41 and Rattlesnake Hammock Road (C.R. 864). ~(2) Recommendation to authorize the Chairman of ~ the Board of County Commissioners to execute a contract in the maximum amount of $45,000.00 with Anchor Engineering for professional surveying services to provide survey control and analysis of alternate alignments for the extension of 25th Avenue/Brantley Blvd. east of 23rd Street S. w. CONTINUE: C. PUBLIC SERVICES D. UTILITIES (1) Request professional engineering station and tank/pumping for direction regarding selection of engineering firm(s) to provide services for a raw water booster pump a five (5) million gallon storage station. (Continued 10/3/89 meeting). Continued to 10/10/89 Deleted Motion to approve Phase I survev in the amt. of $8,6sb & Phase II P~rt A in the amt. of $11,900. Motion Failed 2/3 (Comm. Hasse, Volpe & Saunders opnosed). Continued to 10/3/89 (2) Approval -Of state revolving fund loan agreement for East and South Naples Sanitary Sewer Continued System Project. 4 September 26, 1989 /E. MOVED FROM 14 (F) (3) , " )6. / MOVED FROM 14 (G) (1) .;' ADMINISTRATIVE SERVICES (1) Recommendation to approve the Board pay and classification plan and related administrative guidelines for Fiscal Year 1989/90. F. EMERGENCY SERVICES (1) Request Board approval to improve the County-wide Fire & EMS emergency radio communications network through a cooperative inter-governmental funding mechanism. ENVIRONMENTAL SERVICES (1) Recommendation Commissioners award track type dozer for .of Fort Myers. that the Board of County Bid No. 89-1449 for a DaN $276,046.00 to Kelly Tractor (2) Recommendation that the Board of County Commissioners authorize the Chairman to execute a contract for public relations services with the firm of Media and Marketing, Inc. H. COUNTY MANAGER MOVED TO BE INCLUDED AS PART OF ITEM 6 (C) (1) (1) Discussion of one cent sales tax option. -, MOVED FROM 14 (H) (2) (2) Recommendation to approve and execute a limited use agreement between the Board of County Commissioners, Collier County and Waste Management of Florida, Inc. approving the use of County-owned property for the purpose of allowing staging areas 5 September 26, 1989 /11(J1v . Reso. 8~~4 Adopted 4/0 (Comm. Saunders out of the room). Transfer of $42,153 from Gen. Fund Reserves as seec money Approved 5/0 Approved 5/0 County Attorney ruyler and County Manager to _ define what the services are. / Approved 5/0 " for solid waste collection. 10. COUNTY ATTORNEY'S REPORT A. Appeal by Can-American Naples, Ltd. (developer) of the County Attorney's determination that developer does not have vested rights and the developer is not exempt from the impact fees as required by the Parks and Library Impact fee Ordinances. (Continued from 9/5/89 meeting). 11. CLERK TO THE BOARD'S REPORT A. Budget Amendments (1) Regarding matters not previously 15. discussed: (2) Regarding matters previously discussed: 1. (3) Budget Amendment Resolution No. 89-025. B. Tabulation of Contracts and Documents (as of noon previous Tuesday). C. Analysis of Changes to Reserves For Contingencies. (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). 6 September 26, 1989 Denied 5/0 .\ .. ~. Approved,s/o .( _", ! ," ;,v'.." Approved Adopted. ,,- , / ___I ~, 5/0 / .-._' / I .~,..:t. ;r &A~ 4tfl 12. BOARD OF COUNTY COMMISSIONERS A. Appointment/reappointment to the Board of Adjustments and Appeals. ADD: B. Berkshire Lakes PUD - U.S. flagpole installation. ADD: C. Approval to purchase Hawaiian leis for the Florida Association of Counties' luau. 13. OTHER CONSTITUTIONAL OFFICERS 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 (1) Recommendation that the Collier County Board of County Commissioners approve an extension to a consultant contract to develop an Immokalee Master Plan. (2) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 5, Block 67, Marco Beach Unit Two, a subdivision according to the plat thereof, as recorded in Plat Book 6, Pages 25 through 31, public records of Collier County, Florida, pursuant to Ordinance 85-33. (3) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 15, Block 12 of Marco Beach Unit One, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 9 through 16 of the public records of Collier County, Florida, pursuant to 7 September 26, 1989 t)-1i I~~ .. Mr. Paul Jackson reappointl Mr. '! an Auken Mi 1 \[~..J.- ./1 appomted ", tt; ~~'1/ V' fV- 4/1/- George Archibald anrl Mr. Higgs to select more suitable location Reso. 4f89~65 I), /;JvJ.-. Approved 7/0~,,-/ pv )A~Jfr7 / j ~-(f Reso.#89-~ / Reso. #89-267 Ordinance 85-33. (4) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 3, Block 325, Marco Beach, unit Ten, a subdivision according to the plat thereof recorded in Plat Book 6, Pages 74-79 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (5) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 9, Block 239, of Marco Beach Unit Six a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 47-54 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (6) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 2, Block 250, Unit 7 part golden gate according to plat thereof recorded in Plat Book 5, Page 143 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (7) A resolution providing for assessment of lien in order to recover funds expended by the County to abate puqlic nuisance on Lot 1, Block 239 Unit 7 part Golden Gate according to plat thereof recorded in the Plat Book 5, Page 138 of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (8) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 11, Block 234, unit 7, Golden Gate according to the plat thereof recorded in Plat Book 5, Page 136, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. (9) Recommendation to exchange the maintenance security for subdivision improvements in "Riviera Golf Estates, Unit IV". B. Transportation DELETE: 8 September 26, 1989 /' Reso. #89-268 ~--" -Reso. #89-269 /. Reso. 4FR9-270 / Reso. #89-271 / Reso. {f89- 2 72 ~ Letter of Cred~t . ~1k/~/~~' (1) Recommendation to execute a purchase agreement for the acquisition of a portion of the right-of-way needed for the widening of County Road 951 between u.s. 41 and Rattlesnake Hammock Road (C.R. 864). (2) Recommendation for the Board of County Commissioners to consider infrastructure commitment to United Parcel Service for the purpose of reserving future east-west collector road right-of-way along the North Airport Road/Enterprise Avenue corridor. (3) Recommendation to amend and expand upon the joint project agreement with the City of Naples wherein Collier County Shall construct major utility improvements concurrently with pending six-laning improvements to Airport-Pulling Road between Radio Road and Golden Gate Parkway pursuant to a full cost reimbursement by the City of Naples. (4) The Deltona Corporation, requesting quit claim and disclaimer of easements previously dedicated to Collier County in the South one-half of the Northwest quarter of Section 51, Township 51 South, Range 26 East. (5) Recommendation to approve and execute a settlement agreement with the State of Florida Department of Environmental Regulation in conjunction with County drainage improvements performed in North Naples. c. Public Services (1) Approval of application for FY 1990 Library Operating Grant (state aid) administered by the State Library of Florida. (2) Recommendation that Board approve increase in dollar amount of contract with Queen For A Day, Inc. to provide additional senior services (reference bid number 87-1205). (3) Execute contract, jointly funding programs with HRS, for the provision of Public Health Services in Collier County. 9 September 26, 1989 Deleted In the amount of $7,500. ~ w/st~rl ~ ?x D. Utilities (1) Vo-Tech Administrative Center - Sewer facilities acceptance. (2) Crestview Condominiums at Crescent Lake - Water and sewer facilities acceptance. E. A~ministrative Services (1) Recommendation to approve and execute a lease agreement between the Board of County Commissioners of of Collier County, Florida and the City of Naples Airport Authority for the continued use of property needed for a solid waste transfer station. DELETE: (2) Recommendation to approve and execute a one (1) year lease agreement between the Board of County Commissioners of Collier County, Florida, and the South Florida Water Management District which provides for the South Florida Water Management District's use of an office at the Collier County Development Services Building. (3) Recommendation to approve and execute a lease agreement between the Board of County Commissioners of Collier County, Florida and the City of Naples Airport Authority for the sole purpose of maintenance, storage and flight of the Collier County helicopters. DELETE: (4) Recommendation to adopt a resolution amending Ordinance No. 89-48, in order to maintain conformity with International City Management Association Retirement Corporation (ICMA"RC) trust requirements. (5) Recommendation that the Board of Commissioners approve contracts between Collier and First Benefits, Inc. of Florida and Coroon Management, Inc. for Group Health Administration and property and casualty administration, respectively. County County & Black Claims claims 10 September 26, 1989 w/stips ~/ Deleted / Deleted /vf9 rY qr/ ~ (6) Recommendation to review the maintenance contract with R-B Lawn county-owned properties. County's grounds services, Inc. for F. Emerqencv Services (1) Information regarding the Fire citizens study Group. Consolidation (2) Recommendation to approve the rates, fees and charges for services provided by Collier County Emergency Medical Services, effective October 1, 1989. MOVED TO 9(F)(1) (3) Request Fire & EMS through a mechanism. Board approval to improve the County-wide emergency radio communications network cooperative inter-governmental funding G. Environmental Services ~ Reso. #89-273 Moved to 9Fl the Board Chairman services MOVED TO 9 (G) (2) Moved to 9G2 of County to execute a with the firm (1) Recommendation that Commissioners authorize the contract for pUblic relations of Media and Marketing, Inc. H. CQUntv Manaqer (1) Recommendation to approve renewal of the contract with Livingston's Lawn Service for Westlake Beautification Maintenance during FY 1989/90. MOVED TO 9 (H) (2) (2) Recommendation to approve and execute a limited use agreement between the Board of County Commissioners, Collier County and Waste Management of Florida, Inc. approving the use of County-owned property for the purpose of allowing staging areas for solid waste collection. I. Miscellaneous Correspondence 11 September 26, 1989 In the amount of $1,578. Moved to 9H2 . . (1) Extra Gain Time: Gain time for Inmate RECOMMEND APPROVAL. NEED MOTION authorizing Extra No. 47950, 58637, 57221. J. Board of County Commissioners (1) Recommendation to reappoint one member to the Golden Gate Parkway Beautification Advisory Committee. (2) Recommendation to reappoint three members to the Lely Golf Estates Beautification Advisory Committee. 15. ADJOURN BP-D-9/26/89 12 September 26, 1989 t q Jl~ Reappointment Thomas A. Brewen ~(;pt Reappointment George Pearson Jim Glass Bud Harrow