Recap 03/11/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 11, 1997
9~00 a.m.
NOTICEx ALL PERSONS WISHING TO SPEAK ON ANY AGENEA ITEM
MUST REGISTER PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGERDA 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 TEAT 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 COMMISSIONERS' OFFICE
LUNCH RECESS SCHEDULED FOR 12~00 NOON TO 1~00 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted
with changes 5/0
4. APPROVAL OF MINUTES Approved as presented -
5/0
February 18, 1997 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) Proclamation proclaiming March 9-15, 1997 as Friends Adopted ~ 5/0
of Barefoot Beach Week,
(2) Proclamation proclaiming March 9-15, 1997 as Know Adopted - 5/0
Your Government Week. To be accepted by Shauna
1
March 11, 1997
Douglas and Shelli Douglas.
(3) Proclamation recognizing Pilot Paul Curtis for his Adopted ~ 5/0
outstanding flight hour achievement and continuing
dedication. To be accepted by Pilot Paul Curtis.
B. Service Awards Presented
Maria Sillery - Stormwater Management 10 years
Robert Wiley OCPM ~ 10 years
Roger Tompkins - Road and Bridge ~ 5 years
C. Presentations Recognized
{1) Recommendation to recognize Edward Torroni, Parks &
Recreation Department, Public Services Division, as
Employee of the Month for March 1997.
Added
(2) Presentation of Safe Drive Awards (Staff's request) Presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001)
2. Community Development Fund {113)
3. Facilities Construction Fund (301)
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMMI~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Staff review and recommendations relative to Res. 97-160 granting a two
Ordinance 91-44, as amended, also known as Arrowhead PUD year extension - Adopted
which, according to the required PUD Status Report 5/0
submitted by the property owner/agent, has not commenced
construction as defined in Section 2.7.3.4 of the Collier
County Land Development Code, resulting in several
possible courses of action for the Board of County
Commissioners to consider.
Added
(2) Water and Sewer facilities acceptance for Naples Approved - 5/0
Heritage, Phase One-B (Staff's Request)
B. PUBLIC WORKS
(1} Adopt a Resolution urging the 1997 Florida Res. 97-161 - Adopted 5/0
Legislature to create a Dedicated Funding Source for
Statewide Beach Management and support House Bill 103.
Added
2
March 11, 1997
(2) Award a Construction Contract to Saltsman Awarded in the amount of
Construction, Inc., for S.R. 29 canal crossing $229,067.00 5/0
improvements, Bid 97-2638 (Staff's Request)
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
(1) Approve sixty day extension to Agreement for 90 day extension approved
Financial Advisory Services and provide direction and top 3 to be brought
regarding the selection process for a new Financial back to BCC - 5/0
Advisor.
(2) Report on revenues for the first quarter of Fiscal Presented
Year 1997.
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board to consider a settlement Settlement proposal
proposal in Roberts v. Collier County, Case No. Not Accepted - 3/2
96-362-CIV-FTM-17, United States District Court for the (Commissioners Hancock and
Middle District of Florida. Constantine opposed)
Added
B. Discussion regarding Senator Fred Dudley's request for County Attorney to draft
the Board to consider and provide input on issues letter for Chairman's
affecting proposed Senate Bill 402 authorizing use of signature to Senator
Tourist Development Tax Revenues to acquire property for Dudley indicating that
beach parking or beach access and to construct or improve these issues should be
existing beach parking facilities or beach access areas, treated similar to other
and authorizing the issuance of Bonds. (County Attorney) Category A tourist
development taxes
(Consensus)
Added
C. Request for Direction regarding the Collier County Code County Attorney's Office
Enforcement Board Order entered in the Lely Barefoot to file a notice of appeal
Beach Guardhouse case. (County Attorney) 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Resolution of the Board of County Commissioners of Res. 97-162 Adopted 5/0
Collier County Florida, in support of Naples/The Naples
Players Community Theatre project.
11. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #16H2
A. Recommendation to approve a grant application to the Approved in the maxmimum
Florida Department of Health, Bureau of Emergency Medical amount of $28,350 for the
Services for a quality assurance program. software only - 5/0
Moved from Item #16H3
3
March 11, 1997
B. Recommendation to approve a grant application to the Approved - 5/0
Florida Department of Health, Bureau of Emergency Medical
Services for emergency medical dispatch training.
PUBLIC COMMENT ON GENERAL TOPICS
A. Discussion regarding public access television
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN ANENDNENTS
B. ZONING AMENDMENTS
(1) Petition PUD-97-2, Bob Thinnes and Q. Grady Minor of Ordinance 97-14 Adopted
Q. Grady Minor & Associates, P.A., representing DeVoe 5/0
Family Limited Partnership and DeVoe's, Inc., requesting
a rezone from C-3 to PUD to be known as DeVoe Pontiac PUD
for an automobile dealership and all of the uses
authorized in the C-3 intermediate commercial district
for property located on the east side of Airport Road
(C.R. 31) approximately 250 feet south of Glades
Boulevard in Sec. 12, T50S, R25E.
C. OTHER
Continued to 3/2S/97
(1) Recommendation to adopt an ordinance to repeal and Continued to 3/25/97
supersede Collier County Ordinance No. 88-90, as amended,
and hereby establish the County's new policy concerning
telecommunication providers and services; also to provide
for the regulation of telecommunication companies use of
the public rights-of-ways within the unincorporated areas
of Collier County; also providing general provisions;
registration of telecommunications carriers and
proriders; telecommunication license; telecommunication
franchise (reserved); cable franchise; fees compensation;
conditions of grant; construction standards; periodic
evaluation, review and modification; repeal of Ordinance
No. 88-90, as amended; conflict and severability;
inclusion into the code of laws and ordinances; providing
an effective date.
(2) Petition AV 96-037 to vacate all easements and Res. 97-163 - Adopted
dedications for public road rights-of-way, utilities and contingent upon the 2
drainage in the Woodlands DRI/PUD located in Section 21, easements in Section 21E
Township 48 South, Range 26 East, Collier County, being withheld pending
Florida. owners in Section 22
having other legal access.
4/1 (Commissioner
Constantine opposed)-
4
March 11, 1997
(3) Petition AV 96-035 for the vacation of two (2), 12 Res. 97-164 Adopted 5/0
foot utility and drainage easements on Lots 45, 46, and
47, Block 74, Golden Gate Unit 2, as recorded in Plat
Book 5, Pages 65-77, of the Public Records of Collier
County, Florida.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
Continued to 4/8/97
(1) Petition V-96-25, Todd Pressman representing J. H. Continued to 4/8/97
Williams Oil Co., Inc., requesting a 37 foot side yard
variance from the required side yard setback of 40 feet
established for car washes in the C-4 Zoning District to
3 feet for a property located at 1095 North Collier
Boulevard on Marco Island.
(2) Petition V-96-33, John P. Asher, P.E., of Coastal Res. 97-165 Adopted 4/0
Engineering Consultants, Inc., representing EL Partners (Commissioner Mac'Kie
of Naples, Inc., requesting a 10 foot variance from the abstained)
required multi-family rear yard accessory setback of 20
feet to 10 feet for construction of a swimming pool for
property located on Bonita Beach Road (C.R. 865) further
described as a parcel of land situated in the northwest
quarter of Section 5, T48S, R25E, consisting of 5.6
acres, more or less.
(3) Petition V-96-32, Darren M. Taylor requesting a 25 Res. 97-166 - Adopted 5/0
foot variance to the required 75 foot front yard setback
to 50 feet and a 25 foot variance to the required 75 foot
rear yard setback to 50 feet for property located at 501
Donna Street, further described as Lot 1 less the north
250 feet, Coconut Creek Estates, Unit 2, in Sec. 1, TSOS,
R25E.
(4) Petition CU-96-27, Terrance Kepple of Kepple Res. 97-167 with item C
Engineering representing Unitarian Universalist being deleted ~ Adopted
Congregation of Greater Naples, Inc., requesting 5/0
Conditional Use 2.2.3.3.1 in the "E" Estates Zoning
District in order to increase the seating capacity of the
existing church from 150 to 300, provide a new fellowship
hall and Sunday school classroom and increase the total
building size from 4,300 square feet to 23,000 square
feet for property located between 10th Avenue S.W. and
12th Avenue S.W., adjacent to Interstate 75, south of
Pine Ridge Road (C.R. 896), Tracts 6 and 7, Golden Gate
Estates, Unit 33, consisting of 6.79 acres.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
1. Discussion of Article V funding Discussed
5
March 11, 1997
2. Letter to Black Affairs Advisory Board regarding the Discussed
minority issues of the selection of a County Manager
3. Discussion regarding WNOG and hurricane needs Staff to look into matter.
15. STAFF'S COI~I;NICATIONS
1. Neighborhood park property being sold by Avatar. Avatar to pull property
from Auction and Parks &
Recreation Advisory Board
to look at these parcels
2. Discussion regarding Landfil tonnage Discussed
3. Discussion regarding amendment to Code Enforcement Staff to advertise
Ordinance amendment
16.
CONSENT AGENDA
All matters listed under this item are considered to be routine Approved and/or adopted
and action will be taken by one motion without separate with changes 5/0
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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) This item has been deleted. Deleted
(2) Water facilities acceptance for Autumn Woods Sales With Cash Bond &
Trailer. stipulations
(3) Recommendation that the Board of County Commissioners
approve a Memorandum of Understanding with the Southwest
Florida Regional Planning Council (SWFRPC) to participate
in a study to address farmworker housing and social
infrastructure needs to support agricultural growth in
Southwest Florida.
(4) Recommendation to grant final acceptance of the Res. 97-156
roadway, drainage, water, and sewer improvements for the
final plat of "Hawksridge Unit Two".
(5) Recommendation to grant final acceptance of the Res. 97-157
roadway, drainage, water and sewer improvements for the
final plat of "Quail Walk, Phase Three".
(6) Recommendation to grant final acceptance of the Res. 97-158
6
March 11, 1997
roadway, drainage, water and sewer improvements for the
final plat of "Longshore Lake, Unit 5Bl".
(7) Recommendation to grant final acceptance of the Res. 97-159
roadway, drainage, water and sewer improvements for the
final plat of "Longshore Lake, Unit 5B2"
(8) Water facilities acceptance for New Hope Ministries. Subject to cash bond in
the amt. of $1,560.00 and
stipulations
(9) Recommendation to approve Excavation Permit No. w/stipulations
59.572 "Heron Park Apartments" located in Sec, 12, T50S,
R25E, bounded on the north by St. Matthews House and The
Glades Apartments, on the east by The Glades Apartments,
on the south by Collier County Government Center and
Gallman Pontiac Dealership, and on the west by Airport
Road and commercial properties.
Continued to 3/25/97
(10) Recommendation to approve for recording the final Continued to 3/25/97
plat of Heritage Greens f/k/a Dove Points.
B. PUBLIC WORXS
(1) Recommendation to recognize and appropriate a portion In the amount of $71,800
of FY 96/97 carry forward to Operating Fund (131) Marco
Island Beautification M.S.T.U. District, for continued
sod/median landscape refurbishment.
(2) Recommendation to amend the existing contract for $10,000.00 private
construction of additional pathway locations for the donation accepted;
County-wide Pathways I Project, Bid #97-2621. Bonness, Inc. contract
amended in an amount
not-to-exceed $145,998.85
(3) Award a Contract for Bid No. 97-2628 Marco Island Subject to state and
Beach Renourishment to Lake Michigan Contractors, Inc., federal permits on or
in the amount of $397,000. before 3/17/97
(4) Recommendation of speed limit changes to the roadways
as listed below in conformance with Board Action on
8/6/96 and Resolution 96-340, allowing residential
roadway speed limit reductions to twenty-five miles per
hour (25 mph}: Whitehurst's Plat, PB, P5 (all roadways);
Haldeman River Subdivision, PB,2,PG 87 (all roadways);
Palm River Estates Subdivision (all roadways); 41st
Terrace SW (between 23rd PL SW and 20th PL SW).
(5) Approve final ranking of consultants and Professional In the amt. of $53,920.00
Services Agreement with Missimer International, Inc. for
a groundwater salinity barrier feasibility study, RFP No.
96-2600.
C. PUBLIC SERVICES
7
March 11, 1997
D. SUPPORT SERVICES
(1) This Item Deleted. Deleted
(2) Request approval of recommendation of budget
amendment for Fund 518, Workers' Compensation Insurance.
(3) Request Board to authorize Chairman to sign State of
Florida 75/25 Matching Grant Application.
(4) Recommendation to transfer funds from General Fund In the anticipated amt. of
Reserves to pay costs of hiring a new County $15,500.00
Administrator.
E, COUNTY MANAGER
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. 92-1221-CFA,
96-10350-MMA, 96-1094-MMA, 96-7677-MMA, 96-6969-MMA,
96-1585-MMA, 96-5569-MMA, 96-1772-CFA, 95-8549-MMA,
95-6827-MMA, 96-9577-MMA, 96-8547-MMA, 96-10357-MMA,
92-818-MI, 91-138-MMA, 88-3760-TM, 82-731-TM,
90-513-CF, 86-811-CF, and 90-2042-CFA. RECOMMEND
APPROVAL.
(2) Cancellation of Lien: NEED MOTION authorizing the
Chairman to sign Cancellation of Lien for services of
the Public Defender for Case No. 96-10222-MMA.
RECOMMEND APPROVAL.
(3)Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
(1) Recommendation to issue an astrology permit to Anna Astrology Permit 97-1
Marie Nicholas. (Clerk of Courts)
Moved to Item #11A
(2) Recommendation to approve a grant application to the
Florida Department of Health, Bureau of Emergency Medical
Services for a quality assurance program.
Moved to Item #11B
(3) Recommendation to approve a grant application to the
Florida Department of Health, Bureau of Emergency Medical
Services for emergency medical dispatch training.
I. COUNTY ATTORNEY
8
March 11, 1997
17. ADJOURN
9
March 11, 1997