Recap 09/09/1997 R September 9, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONER
AGENDA
September 9, 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 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 COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION ~ Reverend Carl Orr, Golden Gate Presbyterian Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or Adopted with changes 5/0
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming September 29, 1997 as Law
Enforcement Appreciation Day. To be accepted by Sheriff
Hunter.
Adopted 5/0
B. SERVICE AWARDS
1) Nelda Dyson - Department of Revenue - 10 years
Presented
C. PRESENTATIONS
Page 1
September 9, 1997
1) Recommendation to recognize Robert Wheeler, North Regional
Water Treatment Plant, Public Works Division, as employee of
the month for September 1997.
Recognized
2) Presentation to BCC of "Award of Excellence" from the
Florida Chapter of the American Planning Association for the
Collier County Architectural and Site Design Standards for
Commercial Development.
Presented
3) Presentation by Bruce Lawson representing local ASCE Chapter
regarding Project of the Year.
Presented
4) Presentation by Dick Lydon, Chairman of the Beach Committee,
recognizing Harry Huber's efforts.
Plaque Presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY 96/97.
3) Facilities Construction Fund (301) FY 96/97.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) James B. Young, P.A., representing Woodrow and Louise Henry,
requesting a refund of Collier County Road Impact Fees pursuant
to Ordinance Number 92-22, for fees paid in conjunction with
the issuance of Building Permit Number 96-9783, Bobbin Hollow
Equestrian Center.
Road Impact Fee Refund in the amount of $9,9906.93 Approved 5/0
2) Resolution supporting the construction of a Quarantine
Facility to help facilitate the Development of Biological
Control Agents for use against invasive exotic vegetation.
Res. 97-350 Adopted as amended 5/0
B. PUBLIC WORKS
1) Recommendation for Board approval to adopt a Resolution to
increase the speed limit on two roadway segments along C.R. 951
from 45 MPH to 55 MPH between U.S. 41 (S.R. 90) and S.R. 84
Page 2
September 9, 1997
(Davis Boulevard) and between Green Boulevard and Golden Gate
Boulevard.
Res. 97-351 Adopted 5/0
C. PUBLIC SERVICES
Added:
1) Direction is being requested regarding a proposed in-line
pro-tour world championship to be held at the East Naples
Skatepark in October.
Staff recommendation Approved 5/0.
D. SUPPORT SERVICES
1) A settlement discussion regarding the lawsuit, McGinnis vs.
Collier County, Case Number 95-1481-CA-01
Settlement offer rejected~ Attorney Bryant directed to go to
trial 5/0
E. COUNTY ADMINISTRATOR
9. COUNTY ATTORNEY'S REPORT
Added:
A. Update to the Board regarding the concept of a juvenile daytime
curfew ordinance and request for the Board to provide direction
regarding same.
Staff directed to draft an ordinance and come back to the Board
(Consensus)
Added:
B. Request for the Board of County Commissioners to receive for
the public record an amended certificate of the Collier County
Canvassing Board relating to the Marco Island Incorporation
Election recount. Approved 5/0
10. BOARD OF COUNTY COMMISSIONERS
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. Ty Agostin re Exotics.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-89-14(1), Robert L. Duane, AICP, of Hole,
Montes & Associates, Inc., representing Fredrick R. Pauly,
Page 3
September 9, 1997
trustee, requesting a rezone from "PUD', to "PUD", Breezewood
Planned Unit Development as required by Resolution 97-68,
located in the southwest quadrant of the 1-75 - Immokalee Road
Activity Center, in Section 30, Township 48 South, Range 26
East, consisting of 7.4 acres, more or less.
Ord. 97-41 Adopted 5/0
2) Petition No. PUD-91-1(1), Thomas E. Killen, Architect,
representing Earl L. & Shirley A. Frye, requesting a rezone
from PUD to PUD known as "Radio Square" to amend the PUD
Document for purposes of adding Fraternal Organizations as an
authorized use, for property located on the southwest corner of
Radio Road (C.R. 856) and Donna Street, in Section 1, Township
50 South, Range 25 East, Collier County, consisting of 9.4
acres.
Ord. 97-42 Adopted 4/0 (Comm. Mac'Kie abstained)
3)Petition PUD-89-28(1), Frederick R. Pauley, Trustee,
requesting an amendment to "Brentwood" Planned Unit Development
(PUD) having the effect of eliminating liquor stores from the
principal retail uses and adding the requirement for a common
architectural theme for property located on the south side of
Immokalee Road (CR-846) in Section 30, Township 48 South, Range
26 East, Collier County, Florida and consisting of 18.6 acres
more or less. (Continued to the meeting of 9/23/97)
C. OTHER
1) Petition AV 97-009 to vacate a portion of an eighty foot
(80') wide Drainage Easement on Lot 17, Queens Park at Lago
Verde, Phase Six as recorded in Plat Book 16, Pages 52 and 53,
of the Public Records of Collier County, Florida. (Continued
to the meeting of 9/23/97)
2) Approval of a Resolution approving the preliminary
assessment roll as the final assessment roll and adopting same
as the non-ad valorem assessment roll for purposes of utilizing
the uniform method of collection pursuant to Section 197. 3632,
Florida Statutes, for Solid Waste District No. 1 Municipal
Service Benefit Unit Special Assessment levied against certain
residential properties within the Unincorporated Area of
Collier County pursuant to Collier County ordinance 90-30, as
Amended.
Res. 97-352 Adopted 5/0
3) Approval of a Resolution approving the preliminary
assessment roll as the final assessment roll and adopting same
as the non-ad valorem assessment roll for purposes of utilizing
the uniform method of collection pursuant to Section 197. 3632,
Florida Statutes, for Solid Waste District No. 2 Municipal
Service Benefit Unit Special Assessment levied against certain
residential properties within the Unincorporated Area of
Collier County pursuant to Collier County ordinance 90-30, as
Page 4
September 9, 1997
Amended.
Res. 97-353 Adopted 5/0
4) Approve and adopt an Ordinance to amend Ordinance No. 90-87,
as amended, to exclude certain additional areas from the
imposition of Sewer Impact Fees.
Ord. 97-43 Adopted 5/0
5) Approve and Adopt an Ordinance to amend Ordinance No. 90-86,
as amended, to exclude certain additional areas from the
imposition of Water Impact Fees.
Ord. 97-44 Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition V-96-28, John Grissom representing Landmark
Communities c/o Mike Jeppesen requesting a 1.94 foot
dimensional variance from the rear yard setback requirement of
five (5) feet for an accessory structure in a PUD zoning
district for property located in Queen's Park Subdivision at
Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E.
(Continued from the meeting of 7/29/97)
Res. 97-354 Adopted 5/0
2) Petition V-97-6, Greg Carlisle (Contract Purchaser)
representing Henry Johnson requesting a 10 foot variance from
the required 25 foot rear setback to 15 feet for property
located on the southwest side of Bayfront Drive, further
described as Lot 18, Bayfront Gardens Subdivision, in Section
6, Township 48 South, Range 25 East, Collier County, Florida.
(Continued to the meeting of 9/23/97)
3) Petition No. CU-97-9, Timothy W. Ferguson, P.A., as agent
for E1 Espresso Bus Company, requesting Conditional Use "12" of
the C-5 zoning district for a bus terminal for property located
at the northeast corner of New Market Road and State Road 29,
Immokalee in Section 3, Township 47 South, Range 29 East,
Collier County, Florida consisting of 0.2 acres, more or less.
(Continued to the meeting of 9/23/97)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
16. 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.
Page 5
September 9, 1997
Approved and/or Adopted with changes 5/0
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve for recording the Final Plat of "Sterling
Oaks Phase 2A".
w/Cash Bond, Construction and Maintenance Agreement and
Stipulations.
2) Request to approve for recording the Final Plat of Valencia
Phase One.
w/Letter of Credit, Construction and Maintenance Agreement and
Stipulations.
B. PUBLIC WORKS
1) Approve Change Order No. 2 to Contract No. 97-2626, Marco
Island T-Groin Construction.
With Douglas N. Higgins, Inc. In the amount of $86,100.00,
Subject to recommendations from the Beach
Renourishment/Maintenance Committee and the Tourist Development
Council.
2) This item has been deleted.
3) This item has been deleted.
4) Adopt a Resolution requesting the State of Florida,
Department of Transportation to convey an easement by quit-
claim deed to Collier County for access to Borrow Pit No. 2 and
for the four-laning improvements to County Barn Road, CIE No.
33.
Res. 97-347 and acceptance of Quit-Claim Deed from the State of
Florida.
5) This item has been deleted.
6) Request the Board consider interim improvements to the Pine
Ridge Road/Livingston Road Intersection pending final
improvements as part of the Pine Ridge Road Six-Lane Project
scheduled for construction in October, 1999.
7) Board approval of Fiscal Year 1997-98 Annual Contracts for
Bid #97-2713, Traffic Sign Materials, and Bid #97-2712,
Contractual Services for Traffic Signal and Street Lights.
Awarded to Municipal Supply & Sign Co. (Bid #97-2713)I
Mid-Continent Electric, Inc. (Bid #97-2712 Primary Contractor) l
and E. B. Simmonds Electrical, Inc. (Bid #97-2712 Secondary
Contractor)
8) Award Contract to construct North Collier Regional
Wastewater Treatment Plant Belt Filter Press Walkways, Bid No.
Page 6
September 9, 1997
97-2721.
Minor Irregularities waivedl Agreement with High Point General
Contracting, Inc., in the amount of $39,950.00 for Total Base
Bid Alternate No. 2
9) Authorization to sole source purchase replacement pumps,
specified repair parts and materials for approved Submersible
Lift Stations.
Ellis K. Phelps and Company sole source provider
10) Approve a Purchase Order under existing Maintenance
Contract #96-2567 for Wilkins Malcolm & Associates, Inc. for
repairs of Well No's 6, 11 and 14.
In an amount not to exceed $27,000.00
11) This item has been deleted.
12) Adopt a Resolution approving a Declaration of Easement on
County owned property located on County Barn Road.
Res. 97-348
C. PUBLIC SERVICES
1) Approve budget amendments that recognize additional revenue
from the two percent Tourist Development Tax, and transfers it
to the Collier County Museum fund.
In the amount of $10,600.00
2) Approve the Department of Environmental Protection, Florida
Recreation Development Assistance Program Grant Agreement for
Sugden Regional Park.
3) Recommendation that the Board of County Commissioners
approve the attached budget amendment recognizing contributions
to the Golden Gate Community Center for the Summer Camp
Program.
D. SUPPORT SERVICES
1) Agreement approval between Collier County and the State of
Florida Department of Community Affairs for the review and
update of hazardous analyses at facilities possessing extremely
hazardous substances at or above the threshold planning
quantity within Collier county
2) This item has been deleted.
3) To recognize additional 800 MHz System reimbursement
revenues and approve allocation of a portion of 800 MHz
reimbursement revenues to fund permit and licensing fees
associated with the project
4) A Resolution authorizing expenditure of funds for a picnic
Page 7
September 9, 1997
to recognize Collier County Board of County Commissioners
Employees
Res. 97-349
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report.
Budget Amendments 97-426, 97-427 and 97-432
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
17. ADJOURN
Page 8