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Recap 04/08/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 8, 1997 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.. 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 COMMISSIONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12z00 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 4/0 (Commissioner Mac'Kie out) 4. APPROVAL OF MINUTES March 18, 1997 - Regular meeting. Approved as presented 4/0 (Commissioner Mac'Kie out) 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) Proclamation proclaiming April 7-13, 1997 as Public Health Week. To be accepted by Dr. Charles Page 1 April 8, 1997 Konigsberg, Health Director. Adopted 4/0 (Commissioner Mac'Kie out) (2) Proclamation proclaiming the week of April 13-19, 1997 as Collier County Law Enforcement Volunteer Week. To be accepted by Sheriff Don Hunter. Adopted 4/0 (Commissioner Mac'Kie out) B. Service Awards Joyce Ernst - Building Review & Permitting - 20 years Presented C. Presentations (1) Recommendation to recognize Cheryl Wilson-Watson, EMS Department, Support Services Division, as Employee of the Month for April, 1997. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund, (001) for FY 96/97 2. Community Development Fund, (113) for FY 96/97 3. Facilities Construction Fund (301) for FY 96/97 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Added 1. Recommendation to approve modification of Development Excavation Permit No. 59.560 - Bathey Excavation - Section 33, township 50 South, Range 26 East, - to Commercial Status to allow offsite ahuling. (Staff's Request) - Approved 4/0 (Commissioner Mac'Kie out) B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY MANAGER (1) Board authorization for the Collier County Airport Authority to hire an Airport Authority Finance Coordinator. - Approved 4/0 (Commissioner Mac'Kie out) Page 2 April 8, 1997 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Discussion regarding beach bonfires. Staff to look into matter further and report back to the BCC regarding amending the ordinance to allow for bonfires on a case by case basis and approval of the BCC Added B. Review of Itinerary of the County Manager Candidates. (Commissioner Berry) Staff to follow schedule of Commissioner Berry's memo. Reception To be held on April 23, 1997 from 5:30 P.M. - 7:30 P.M. at the Philharmonic. A Breakfast and luncheon also to be held. 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. Stan Olds Discussion regarding support of the Ford Test Track 2. Dorothy Fitch regarding reception for County Manager candidates and being open to the pbulic PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER (1) Recommendation that the Board of County Commissioners consider for approval a Stipulated Settlement Agreement between Florida Department of Community Affairs, Collier County, Florida, Harbor Development, Inc., and Fakahatchee Resources, Inc. for the purpose of settling Florida Land and Water Adjudicatory Commission Case Number APP-96-018 in which preliminary subdivision plat approval (Resolution No. 96-28) for the Fakahatchee Single Family Subdivision at Port of the Islands by the Collier County Planning Commission was challenged for failure to meet the Big Cypress Area of Critical State Concern Regulations for site alteration. Approved 4/0 (Commissioner Page 3 April 8, 1997 Mac'Kie out) (2) Petition AV 96-033, John W. Fager and Charles W., Martha, Mark and Darlene Miller, Owners, requesting Vacation of all public interest in a portion of a sixty foot (60') road right-of-way known as 10th Street North, platted as First Avenue on the Plat of Bad Axe Subdivision, Plat Book 4, Page 10, of the Public Records of Collier County, Florida. Resolution 97-200 - Adopted 4/0 (Commissioner Mac'Kie out) (3) Petition AV 97-001, W. Terry Cole as agent for owners, James and Mary Silloway, Casimir and Lillian Dolemba, Raymond and Sharon Devita, and Matthew and Domenica Craig, requesting Vacation of a portion of a Special Preserve Blanket Drainage Easement, and portions of a Collier County Ingress/Egress Easement located on a portion of Lot 20, Block F of the Plat of Quail West Unit One Replat, Blocks E and F First Addition, as recorded in Plat Book 22, Pages 34-35, and portions of Lots 9, 49, and 52 of the Plat of Quail West Unit One Replat as recorded in Plat Book 21, Pages 84-106, of the Public Records of Collier County, Florida. Resolution 97-201 - Adopted 4/0 (Commissioner Mac'Kie out) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-96-25, Todd Pressman representing J. H. Williams Oil Co., Inc., requesting a 37 foot side yard variance £rom 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. (Continued from the meeting of 3/11/97). - Denied 4/0 (Commissioner Mac'Kie out) B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Discussion re First Amendment and censorship. B. Discussion re Board's desire to reconsider any of the County Manager candidates. 15. STAFF'S COMMUNICATIONS A. Discussion re waiver of permit fees. B. Joint Workshop w/CCPC to be held on 4/15/97, immediately Page 4 April 8, 1997 following the regular meeting. C. Recommendation for Public Works Administrator to be made on 4/15/97. 65 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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation that the Board of County Commissioners award Bid #96-2606 to Blue Line, Inc. (2) Water facilities acceptance for The Biltmore at Bay Colony. with stipulations (3) Water facilities acceptance for Lalique at The Vineyards. (Continued from the meeting of 4/1/97) with stipulations B. PUBLIC WORKS (1) Approve Change Order #2 to Work Order #VB-15 (Under Annual General Contractor Contract #RFP 95-2334) to Vanderbilt Bay Construction, Inc. In the aunount of $18,118 (2) Approve Change Order No. 4 for the South Regional Reclaimed Water Storage Pond Project. To Glades, Inc. in the amount of $137,250 (3) Recommendation that the Board of County Commissioners approve and authorize the Chairman to execute the attached Real Estate Purchase Option Agreement in connection with the expansion of Airport Road. (4) Recommendation to approve and execute the Notices of Claim of Lien for the enforcement of the Notice To Pay Sewer Impact Fee Statement for the Wyndemere Subdivision. (5) Recommendation to approve and execute the Notices of Claim of Lien for the enforcement of the Notice to Pay Water Impact Fee Statement for the Wyndemere Page 5 April 8, 1997 Subdivision. (6) Approve Amendments to Right-of-Way Use License and Agreement with Florida Power and Light Company for new reclaimed water main. (7) Recommendation to adopt a Resolution authorizing the acquisition of road right-of-way, sidewalk, utility, drainage, maintenance and temporary construction easements and/or fee simple title for Airport-Pulling Road (C.R. 31) Project, CIE No. 055; and repealing Resolution No. 96-130. Res. 97-198 C. PUBLIC SERVICES (1) Recommendation to approve a resolution appointing officers to Collier County Agriculture Fair and Exposition, Inc. Board of Directors. Res. 97-199 (2) Recommendation that the Board of County Commissioners of Collier County approve the attached budget amendment recognizing funds received from an insurance claim. In the amount of $3,600 (3) Recommendation that the Board of County Commissioners approve a request for funding and construction of a partial regulation baseball field relative to the Immokalee Community Park site. In the amount of $125,000 (4) Recommendation that the Board of County Commissioners approve a lease agreement with Tract B, Inc., for temporary library space during the Marco Island Library construction and renovation. D. SUPPORT SERVICES (1) Recommendation that the Board of County Commissioners approve and execute the Satisfactions of Claim of Liens. 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. 92-671-MMA, 92-1419-MMA, 89-1515-MOA, 96-5192-MMA, 96-4066-MMA, Page 6 April 8, 1997 97-934-MMA, 96-547-CFA, 95~1304-CFA, 96-8187-MMA, 96-8980-MMA, 97-507-MMA, 94-1987-MMA. RECOMMEND APPROVAL. (2) Satisfaction of Civil Judgment Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Civil Judgment Lien for Case Nos. 87-3860-TM/87-3981-TM, 89-3846-TMS/89-2903-MOA, 85-4233-TM/90-1882-TM, 89-3572-TMC, 91-4666-TM, 91-4794-TM, 91-3815-TMC, 91-214-TM. (3) Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 17. ADJOURN Page 7