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Recap 05/26/1998 R May 26, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 26, 1998 9z00 a.m. NOTICE= ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COM~ISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12z00 NOON TO 1=00 P.M. 1. INVOCATION - Reverend Susan Diamond, First Christian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 with the exception of Item #16A5 which was 4/0 (Commissioner Mac'Kie abstained) 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. May 5, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming May 31, 1998 as World No-Tobacco Day. To be accepted by Frank Mattera, Collier County Tobacco Prevention Coordinator. Adopted- 5/0 2) Proclamation proclaiming May, 1998 as Teen Pregnancy Prevention Awareness Week. To be accepted by Charlene Wendel, President & CEO of Planned Parenthood of Collier County. Page i May 26, 1998 Withdrawn 4/1 (Commissioner Mac'Kie opposed) B. SERVICE AWARDS C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. B. To hear oral presentations from three firms referred by the auditor selection committee related to the audit services contract for the Fiscal Years ending September 30, 1998, 1999 and 2000, rank the firms in order of preference and begin contract negotiations with the first ranked firm. Staff directed to begin negotiations with Arthur Andersen and company - 5/0 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS C. PUBLIC SERVICES th 1) Approval of a lease agreement and partial funding for the 4 of July Festival. Approved w/traffic and security procedures - 5/0 D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Industrial Development Authority. Res. 98-170 appointing Ross Obley and Alice Carlson - Adopted 5/0 B.Appointment of member to the Citizens Advisory Task Force Res. 98-171 appointing David Chilcotek, II - Adopted 5/0 C. Appointment of members to the Parks and Recreation Advisory Board Res. 98~172 appointing Karen English and Edward Olesky - Adopted 5/0 Page 2 May 26, 1998 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS 1. Ken Thompson re Code Enforcement. 2. Ty Agoston re fires in Golden Gate Estates PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition No. PUD-88-6 (1), Karen K. Bishop of Project Management Services Inc., of Naples representing Ronto Golf Estates, Inc. requesting an amendment to property previously approved as a "PUD" namely the Naples Golf Estates PUD having the effect of changing the name to Forest Glen of Naples; Updating reference to owners; Correcting the legal description; Increasing the total number of dwelling units by nine; Updating the PUD document to reflect the current Land Development Code requirements and terminology; and revising the Master Plan for property located at the southeast corner of Davis Boulevard and C.R. 951, in Section 2, Township 50 South, Range 26 East, Collier County, Florida. Ord. 98-39 - Adopted 5/0 w/changes - 5/0 2) Petition No. PUD-95-3(1), R.J. Ward, P.E., of Spectrum Engineering, Inc., representing John J. Nevins, Bishop of Diocese of Venice, requesting an amendment to the Founder's Plaza PUD for the purpose of allowing churches as permitted use and increasing the maximum building height for churches from 25 feet to 45 feet for property located in the Founder's Pla~ PUD, adjacent to Goldenn~ate parkway (CR-886)~ between 53 Street Southwest and 52 Terrace Southwest, in Section 28, Township 49 South, Range 26 East, Collier County, Florida. (Companion to Petition CU~98-1) Ord. 98-40 - Adopted 5/0 3) CONTINUED TO JUNE 23~ 1998 Petition No. PUD-97-17, Bruce J. Siciliano, AICP, of Agnoli, Barber & Brundage, Inc., and Attorney Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Amerada Hess Corporation and Garrett F.X. Beyrent and Teryl Brezski, requesting a rezone from "E" Estates to PUD to be known as Pine Ridge Corners PUD, for highway oriented and convenience commercial uses for property located on the north side of Pine Ridge Road and west of I~75, further described as Tract 77, Golden gate Estates, Unit 35, in Section 7, Township 49 South, Range 26 east, Collier County, Florida, consisting of 4.38 acres, more or less. Page 3 May 26, 1998 C. OTHER 1) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 88-59, as amended, which established the Marco Island Beachfront Renourishment Facilities Municipal Service Taxing Unit; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ordinance 98-41 - Adopted 5/0 2) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 81-35, as amended, which established the Marco Island Beautification Municipal Service Taxing Unit; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ordinance 98-42 - Adopted 5/0 3) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 94-70, which established the Marco Island Lighting Municipal Service Taxing District; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ordinance 98-43 - Adopted 5/0 4) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 86-31, as amended, which established the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit; providing for inclusion in Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ordinance 98-44 - Adopted 5/0 5) Advertised public hearing considering adoption of an ordinance relating to capital improvements and related services providing a special benefit to local areas within Collier County, Florida; providing definitions and findings; providing for title and citation; providing for the creation of municipal service benefit units; authorizing the imposition and collection of special assessments to fund the cost of capital improvements and related services providing a special benefit to local areas within Collier County; providing for the optional and mandatory prepayment of assessments; establishing procedures for notice and adoption of assessment rolls and for correction of errors and omissions; providing that assessments constitute a lien on assessed property upon adoption of the assessment rolls; establishing procedures and methods for collection of assessments, including assessments imposed on government property; authorizing the issuance of obligations secured by assessments; providing for various rights and Page 4 Hay 26, 1998 remedies of the holders of such obligations; providing that such obligations will not create a general debt or obligation of the County; providing for effect on Ordinance No.. 88-23, as amended; providing for conflict and severability; and providing an effective date Ordinance 98-45 Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Continued to 6/9/98 1) Petition No. CU-98-3, Richard F. Durling of Marvin Development Corporation, requesting a Conditional Use per Section 2.6.33.4.5 of the Land Development Code in the Estates "E" zoning district for a model home for property located on the west side of Santa Barbara Boulevard and Golden Gate Parkway, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. 2) Petition No. V-98-5, Joan E. Ferro, requesting an After-the- Fact variance of 0.75 foot from the required height for fences and walls from a 4 feet to 4.75 feet for a single family house located at 490 Palm Court, Lot 1, Block H, Connors Vanderbilt Beach Estates Unit 2. Resolution 98-174 - Adopted 5/0 3) Petition No. CU-97-25, Lou Stirns (Owner/Agent) requesting approval for Conditional Use "14" (Social Organization) in Rural Agricultural "A" zoning district for a clothing optional club, for property located ~ mile south of Immokalee Road, 2 miles east of CR-951, between Moulder Road and Rivers Road, consisting of 20 acres, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. Denied - 5/0 4) Petition No. CU-98~1, R.J. Ward, P.E., of Spectrum Engineering, Inc., representing John J. Nevins, Bishop of Diocese of Venice, requesting a Conditional Use "2" and "3" in the RSF-3 zoning district and Conditional Use "2" and "5" in the RMF-12 zoning district for property located on the east and west sides of 52 Terrace S.W., one block north of Golden Gate Parkway, consisting of Blocks 204 and 204, and lots 4-6, Block 201, Golden Gate Unit 6, Section 28, Township 49 South, Range 26 east, Collier County, Florida (companion to Petition PUD-95- 3(1)) Res. 98-173 - Adopted 5/0 5) CONTINUED TO JUNE 9, 1998 Petition No. CU-98-6, All American Homes, Inc., requesting a Conditional Use per Section 2.6.33.4.5 of the "E" zoning district for an extension of a temporSEy use permit for a Model Home for property located at 910 39 Street, S.W., in Section 14, Township 49 South, Range 26 East, Collier County, Florida, consisting of 2.72 acres. Page 5 May 26, 1998 B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are be routine and action will be taken by one motion without separate discussion of each item considered to. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 5/0 with the exception of Item #16A5 which was 4/0 (Commissioner Mac'Kie abstained) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to transfer $9,000 from Community Development Reserves (Cost Center 113-919010-999100) to Planning Department Administration (Cost Center 113-138312) expenditure code 513100 (other salaries), for the purpose of making sufficient funds available to cover the cost of an Internship Program between the Florida State University and Collier County Planning Services Department. 2) Recommendation to approve Commercial Excavation Permit No. 59.638 "Donovan Center PUD" located in Section 30, Township 48 South, Range 26 East: Bounded on the north by Immokalee Road, on the east by Breezewood PUD and land zoned A, on the south by land zoned A, and on the west by Stiles PUD and land zoned A. w/stipulations 3) Request to approve for recording the final Plat of "The Preserve at Berkshire Pines". 4) Request to approve for recording the final Plat of "Wildcat Cove Two" and approve the vacation of a portion of Sterling Oaks Drive, and portions of the Plats of Sterling Oaks and Wildcat Cove Petitions AV-97-024 and AV-97-026. Res. 98-169 w/Construction and Maintenance Agreement and stipulations as indicated in the Executive Sumunary. 5) Request to approve for recording the final Plat of Pebblebrooke Lakes and approval of the performance security. w/Letter of Credit, Construction and Maintenance Agreement and stipulations as indicated in the Executive Summary. (Commissioner Mac'Kie abstained) 6) Request to approve the final Plat of Pelican Marsh Unit Twenty. w/Construction and Maintenance Agreement and stipulations as indicated in the Executive Summary. B. PUBLIC WORKS Page 6 May 26, 1998 1) Recommendation to approve mid-year adjustments to Hawksridge Stormwater Pumping Station M.S.T.U. Budget (Fund 154). 2) Award a construction contract to Coastal Marine Construction, Inc. for repairs to the Big Horse Pass and Chokoloskee Bridges (Bid No. 98-2775). Construction contract to Coastal Marine Construction in the approximate amount of $220,288.00 and approximately $15,000.00 for services during construction provided by Kissinger Campo & Associates, Inc. 3) Award a Contract for Professional Architectural and Engineering Services for the design of the new Domestic Animal Services Shelter located on Davis Boulevard. RFP #97-2754, Project 80096. Awarded to Bacon Group, Inc. in the amount of $158,445.00. 4) Recommendation to approve mid-year adjustments to Victoria Park drainage M.S.T.U. Budget (Fund 134). 5) Recommendation to approve mid-year adjustments to Pine Ridge Industrial Park M.S.T.U. Budget (Fund 140). 6) Recommendation to approve mid-year adjustments to Water Management CIP Budget (Fund 325). 7) Approve budget amendments recognizing carry forward amounts from FY 1997 Water & Wastewater Capital Projects in Funds 411, 412, 413, & 414. 8) Approval of a Budget Amendment to fund a Feasibility Report on County Geographic Information System. In the amount of $24,000.00 C. PUBLIC SERVICES 1) Approve budget amendments recognizing revenue at various parks. 2) Recommendation to approve a budget amendment for capital improvements. 3) Approval of budget amendment recognizing an additional $48,412 in State Aid to Libraries in FY 98. 4) Authorize Chairman to sign certification to enable library to apply for LSTA Grant. LSTA Funds in the amount of $68,845.00 5) Authorization to approve an extension of an agreement with the Southeastern Library Network (Solinet) and permission for Chairman to sign agreement. 6) Approval of the attached budget amendment recognizing additional donations received. Page 7 May 26, 1998 Friends of the Library donation received in the amount of $9,100.00 7) Approve a residential lease agreement for Sugden Regional Park. D. SUPPORT SERVICES 1) Approval to Award Bid #98-2804 to Wayne Wiles Carpet for floor covering. 2) Approval to Award Bid #98-2801 to several local hardware vendors for hardware and other related items. Awarded to Direct Supplies, McConnell's True Value Hardware, Jack & Ann's, Sunshine Ace Hardware and Grainger. 3) Authorization to execute satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of courts to record same in the public records of Collier County, Florida. 4) CONTINUED FROM THE MEETING OF 5/19/98 - Interlocal Agreement between Collier County and the dependent & independent fire districts for basic medical training for firefighters E. COUNTY ADMINISTRATOR 1) Recommendation that the Board of County Commissioners approve a work authorization under the Pelican Bay Services Division's current Professional Engineering Agreement with Wilson, Miller, Barton & Peek in an amount not to exceed $5,000, to prepare the Preliminary Assessment and Final Assessment Roll for the Non-ad Valorem Assessments for beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. 2) Budget Amendment Report Budget Amendments 98-240 and 98-244. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 9707815-MMA, 9709547-MFLA, 9704515-MM3~, 9604928- MMA, 9707984-MMA, 9707075-MMA, 9706483-MMA, 9708878-MMA, 9708056-MMA, 9704106-MMA, 9706169-MMA, 9800929-MMA, 9700092- MMA, 9607724-MMA, 9800274-MMA, 9701359-MMA, 9701809-CFA, 9701273-MMA, 9709965-MMA, 9608933-MMA, 9709802-MMA. H. OTHER CONSTITUTIONAL OFFICERS Page 8 May 26, 1998 I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 9