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Recap 02/27/1996 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 27, 1996 9~00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGEErDA 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 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 lx00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 A. Approval of consent agenda. Approved and/or adopted with changes - 5/0 4. APPROVAL OF MINUTES January 30, 1996 Workshop. Approved as presented 5/0 February 6, 1996 Regular meeting. Approved as presented 5/0 5. PROCLAMATIONS E SERVICE AWARDS A. Proclamations 1 (1) "Spay Day U.S.A. 1996". To be accepted by Jodi Adopted 5/0 Morelock, Director of Animal Control. B. Service Awards C. Presentations (1) Presentation of "Phoenix Awards" to recognize EMS Presented Paramedics, who through their skills and knowledge, have successfully brought back to life, an individual who had died. 6. APPROVAL OF CLERK'S REPORT A. A/~ALYSIS OF C}LANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 95-96) 2. Community Development Fund (113) (FY 95-96) 3. Facilities Construction Fund (301) (FY 95-96) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS (1) This item has been deleted. Deleted (2) Beach Renourishment Project Update, Presented (3) Recommendation to approve a Resolution and Joint Res. 96-97 Adopted 5/0 Project Agreement with the Florida Department of Transportation (FDOT) for U.S. 41 PD&E Study Moved ~rom 16Bll (4) Recommendation to approve a developer contribution Approved 4/1 (Comm. agreement between Collier County and Faith Bible Church Matthews opposed) of Naples, Inc. for road impact fees in return for donation of land. C. PUBLIC SERVICES (1) Review options for expansion of beach and boat launch Tabled; Direct Staff to sites and if appropriate give staff direction on selling reevaluate property & the Bluebill property so the proceeds from that sale can review access requirements be used to create a fund for acquiring and developing new and report back to BCC beach or boat ramp sites and expand existing sites. 5/0 D. SUPPORT SERVICES 2 (1) Recommendation to adopt the 1996 Fiscal Year Pay and Continued to 3/5/96 5/0 Classification Plan. E. COUNTY MANAGER (1) Consider request for funding a professional service Category "B" Funds to be to fulfill requests from promotion during the Greater utilized. 4/1 (Commsr. Naples/IntelliNet Challenge. Mac'Kie opposed). (2) Award of guaranteed entitlement bond refunding. Res. 96-98 and Res. 96-99 (Documents not available at time of agenda printing - to Adopted 5/0 be provided at meeting). Added (3) Recommendation that the BCC declare a valid public Public Emergency Declared; emergency and authorize the procurement of engineering Staff recommendation services to provide short term recommendations to address approved w/changes. 4/1 the Clam Bay System Mangrove Die-off and to authorize a (Commsr. Mac'Kie opposed) budget amendment to accomplish these tasks. (Staff's request - Continued from 2/20/96 Meeting) Added (4) Grant application for FDOT funding for Davis Blvd. Res. 96-100 Adopted 5/0 landscaping. 9. COUNTY ATTORNEY'S REPORT A. Report on the 13 ft. Emergency Access Easement relating County Attorney to proceed to "Villa Floresta at Wyndemere Phase One" and "Villa w/haste. 5/0 Floresta At Wyndemere Phase Two" / Direction. B. Consideration of adoption of supplemental rules for the Res. 96-103 Adopted 5/0 Collier County Water and Wastewater Utility Regulatory Ordinance. Companion item to 12(C)(5). C. Consideration of a resolution of Collier County, Florida, Res. 96-104 Adopted 5/0 pursuant to Section 367.171, Florida Statutes, rescinding Collier County Resolution No. 85-104 and excluding Collier County from the provisions of Chapter 367, Florida Statutes, and removing jurisdiction of the Florida Public Service Commission over private water and wastewater utilities in Collier County as provided by Chapter 367, Florida Statutes. Companion item to 12 (C) (5). 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Board of Building Res. 96~101 appointing Adjustments and Appeals. Kenneth Rodgers Adopted 5/0 B. Extra Gain Time: NEED MOTION authorizing Extra Gain time Denied 4/1 (Commsr. for Inmate No. 80293. Hancock opposed). 3 11. OTHER CONSTITUTIONAL OFFICERS Added A. Recommendation that BCC authorize real property Approved 4/1 (Commsr. management to execute lease agreement with Naples Airport Matthews opposed). Authority for Hangar Space (sheriff's Request) PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition PUD-95-3, Michael J. Landy, P.E. of Butler Ord. 96-5 Adopted 5/0 Engineering, Inc., representing Avatar Properties, Inc., requesting a rezoning of certain defined property as herein described from RMF-12 to PUD (Founders Plaza PUD) for property located on the north and south sides of Golden Gate Parkway (C.R. 886) between 53rd Street S.W. and 52nd Terrace S.W. in Golden gate City, Lots 4-6, Block 206, Unit 6; Lots 1-4, Block 207, Unit 6; Lots 28-31, Block 217, Unit 6; Lots'l-7, Block 243, Unit 7; Lots 1-4, Block 262, Unit 7; and Lots 13-16, Block 261, Unit 7, in Sec. 28, T49S, R26E, consisting of 13.33± acres. (Continued from the meeting of 2/13/96) C. OTHER (1) Petition SNR-96-1, Community Development and Res. 96-102 Adopted 5/0 Environmental Services Division representing the Collier County Board of County Commissioners requesting a street name change from Melrose Lane to Melrose Way located in the Melrose Gardens Subdivision of the Berkshire Lakes PUD in Sec. 32, T49S, R26E. Continued to 3/12/96 (2) Petition AV95-011 to vacate certain 20 foot alleyways Continued to 3/12/96 and portions of certain cul-de-sac rights-of-way as shown on the plat of Golden Gate Unit 6 and Unit 7, as recorded in Plat Book 5, pages 124 - 126, and Plat Book 6, pages 135 - 146, of the Public Records of Collier County, Florida (3) Recommendation to adopt a resolution approving BAR 96-1 Adopted 5/0 amendments to the Fiscal Year 1995-96 adopted budget. Continued to 3/5/96 (4) Recommendation that the Board of County Commissioners Continued to 3/5/96 consider adoption of the Collier County Public Nuisance Abatement Ordinance. (5) Consideration of an ordinance of the County of Ord. 96-6 Adopted as Collier, Florida, providing for regulation of water, bulk amended 5/0 water, and wastewater utilities within the unincorporated areas of Collier County, Florida; title; proceedings affecting substantial interests; definitions; collier county water and wastewater authority, powers and duties; issuance of franchise certificates and certificates of exemption; regulation of small utilities; rates; interim rates and procedures; official date of filing; miscellaneous provisions; charges for service availability; service; utility service; service for resale; regulatory fees; application fees; annual reporting requirements; notice of public hearings; conduct of public hearings; board approval of orders of the authority; powers of the board; application for transfer of franchise certificate, facilities or control; examination and testing of meters; application for addition to service area; application for deletion of service territory; abandonment; enforcement and penalty provisions, revocation of franchise; exemption of county utility systems; compliance with other applicable regulations; appellate review; provision for the possibility of transfer of regulation to another governmental agency; conflict and severability; inclusion into the Code of Laws and Ordinances; providing an effective date. Moved from Item #13A4 (6) Adopt an Ordinance amending Number 86-67, as amended, Ord. 96-7 Adopted 4/0 amending Section Three, Section Five, Section Seven, and (Commsr. Mac'Kie out) Section Eight. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-95-32, Kevin P. Galli representing Randy Denied 5/0 S. Minotti requesting a 3.75 foot variance from the required side yard setback of 13.75 feet to 10 feet and a 5 foot variance from the required 10 foot landscape buffer to 5 feet along the side yard adjacent to the parking area for property known as Lot 51, Block Naples Park Unit i in Sec. 28, T48S, R25E. (2) A Resolution amending Resolution 95-526 to correct a Res. 96-105 Adopted 5/0 scrivener's error in the legal description of a Conditional Use for essential services for the expansion of existing water treatment facilities located at 1020 5 Sanitary Road in Immokalee in Sec. 9, T47S, R29E. (3) Petition NUC-96-1, Brian Howell representing Bill Res. 96-106 Adopted 5/0 Ricigliano requesting a non-conforming use change from Commercial Retail to an indoor 18 hole golf course with accessory dining facilities, pro shop, and future outdoor pitch and putt area on property located at 6800 Golden Gate Parkway, further described as Unit 29, Tract 36, Golden Gate Estates, as recorded in Plat Book 7, Page 57, of the Public Records of Collier County, Florida. Moved to Item #12C6 (4) Adopt an Ordinance amending Number 86-67, as amended, Moved to Item #12C6 amending Section Three, Section Five, Section Seven, and Section Eight. B. OTHER (1) Petition CU-94-17, George Varnadoe of Young, Van Res. 96-107 Adopted as Assenderp and Varnadoe, P.A., representing Collier County amended 5/0 Housing Authority Land Acquisition New Development, Inc., requesting an extension of Conditional Uses for child care and cjuster housing that has previously received Conditional Use approval for property located on the southwest corner of Bayshore Drive and Thomasson Drive in Sec. 23, TSOS, R25E, consisting of 33.9± acres. 14. BOARD OF COUNTY COMMISSIONERS' COM~TJNICATIONS A. Memo re partial year ad valorem. To be provided by Commsr. Matthews. B. Pacific Land Co. Update. Commsr. Hancock to provide further info. C. Pelican Bay Annexation. County Mgr. to contact City Mgr. re public hearings. 15.STAFF'S COMMIJNICATIONS Added (1) Waiver of EMS Fees for the Nuveen Masters Tennis County Mgr. to present Tournament (Diane Flagg) item on 3/5/96 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 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. 6 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve for recording the final w/stips. plat of "Village Walk Phase Four". (2) Recommendation to approve for recording the final w/stip. plat of "Miller industrial Park". (3) Recommendation to approve for recording the final w/stip. plat of "Replat of Tract 93" (4) Water facilities acceptance for Carrington at w/stips. Stonebridge, Tracts E and F. (5) Recommendation to approve for recording the final w/stips. plat of "Candlewood Two". (6) Water and sewer facilities acceptance for Chase w/stips. Preserve at Lely Resort, Phase I-A. B. PUBLIC WORKS (1) Approve Amendment No. 1 to Work Order HMA 95-2 with Hole, Montes and Associates, Inc., for engineering services related to the redundant telemetry system for the Water Department (2) Approve professional services agreement related to the reclaimed water transmission main from Quail Creek to the North County Regional Water Treatment Plant, RFP No. 95-2449 (3) Approve Change Order No. 6 related to the North County Regional Wastewater Treatment Plant Expansion (4) Approve a Stipulated Order for right-of-way acquisition Case Number 92-2079-CA-01-TB for the Westclox Road Improvement Project (5) Recommendation to approve a modification to the landfill operating agreement between Collier County and Waste Management Inc. of Florida regarding construction and demolition debris processing (6) To recommend that the Board of County Commissioners w/stips. enter into a Utilities Lift Station Easement Agreement to purchase an easement for the installation of a lift station in the Royal Cove Subdivision (7) Petition AV 96-002, Jeffrey Nunnet as agent for Res. 96-91 owner, Vineyards Development Corporation, requesting vacation of an odd shaped drainage easement located on a 7 portion of Lots 1 and 2 and 5 feet of a 25 foot utility easement located on lot 15, on the Plat of Oak Colony at Vineyards, as recorded in Plat Book 25, Pages 67 68, of the Public Records of Collier County, Florida (8) This item has been deleted. Deleted (9) This item has been deleted. Deleted (10) Report of completed GAC Road Improvements in FY1994-95 and recommendation of GAC Program for FY1995~96 Moved to 8B4 (11) Recommendation to approve a developer contribution Moved to 8B4 agreement between Collier County and Faith Bible Church of Naples, Inc. for road impact fees in return for donation of land (12) Recommendation to approve Change Order No. 5 in the amount of $2,799.00 for Bid No. 95-2328 for County-wide ditch bank clearing project - addition to Phase IV contract with Monroe Tree Service (13) Recommendation that the Board of County Commissioners Res. 96-92 approve a Resolution and authorize the Chairman to execute a Revocable Temporary License by Florida Power & Light Company for Sugden Regional Park (14) Award Bid #95-2468, "Naples Landfill Leachate In the amount of Forcemain", to Douglas N. Higgins, Inc., and receive $263,885.00 reimbursements from public and private beneficiaries of the project. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners approve the award of Bid No. 96-2472 to Wal-Mart Pharmacy for the Social Services Prescription Drug Program. D. SUPPORT SERVICES (1) Recommendation to approve the attached amendment to the Energy Management Building Automation Contract. (2) Recommendation that the Board of County Commissioners approve an Interlocal Agreement between the Boards of County Commissioners as it relates to the Southwest Florida Job Training Consortium. (3) Recommendation to award Bid #96-2469 for air to various contractors as conditioning services. listed in Executive Summary (4) A resolution approving the Satisfaction of Liens for Res. 96-93 8 certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. (5) A resolution approving the Satisfaction of Liens for Res. 96-94 certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. (6) A resolution approving the Satisfaction of Liens for Res. 96-95 certain residential accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. E. COUNTY MANAGER (1) Approval of budget amendments. B.A.'s 96-255 & 96-258 (2) Resolution authorizing the expenditure of funds for Res. 96-96 the March of Dimes WalkAmerica activities. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE (1) Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY (1) Recommendation to accept thirty feet (30') of right-of-way for First Avenue SW, Golden Gate Estates.