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Recap 10/24/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 24, 1995 9500 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON A/qY 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 12500 NOON TO 1500 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved with changes. A. Approval of consent agenda. Approved with changes with stipulation that 16A1 and 16A10 be approved as long as the companion item is approved on regular agenda. 5/0 (Commissioner Mac'Kie abstained on Item 16A1 for a vote of 4/0) 4. APPROVAL OF MINUTES 1 September 26, 1995 - Regular agenda. Approved as presented 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) A proclamation recognizing October 23 - October 31 as Adopted 5/0 1995 National Red Ribbon Week. To be accepted by Florida State Representative Burt Saunders, Collier County Honorary Chairperson. B. Service Awards Presented Kathleen McLarty Budget & Management 20 years Alice Toppe Management 10 years Kevin Dugan Natural Resources 5 years C. Presentations 6. APPROVAL OF CLERK'S REPORT A.ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 94-95) 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) B. ANALYSIS OF CHANGES 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 (1) Presentation and adoption of the Collier County Res. 95-608 Adopted 5/0 Neighborhood Traffic Management Program (NTMP). (2) Petition C-95-4, Reverend Joseph Spinelli of St. CP-95-3 Approved 5/0 Elizabeth Seton Catholic Church, requesting a permit to conduct a carnival from November 8 through November 12, 1995, at 5325 285h Ave. S.W., Golden Gate. (3) Recommendation that the Board of County Commissioners Approved subject to review authorize the re-engineering of the western half of the of the project re Airport 2 Development Services Building and approve the necessary Authority funds 5/0 Budget Amendments. B. PUBLIC WORKS (1) Approval of a resolution approving preliminary plans, Res. 95-609 & CWS-95~8 - specifications and estimate of costs of the proposed Adopted w/stip. 5/0 sanitary sewer system improvements in the Royal Cove sewer special assessment district of the Collier County Water-Sewer District of Collier County, Florida and a tentative apportionment of such estimated costs among the parcels of property to be assessed, submitted by the District's engineer for this project; fixing the date, time and place for public hearing on the confirmation of the District's Resolution No. 95-583 initiating the program for the Royal Cove sewer special assessment; ordering the construction of the assessable improvements; and providing for mailing and publishing notice of such public hearing (2) Approval of the final settlement agreement regarding Construction Agreement and purchase of the Bathey property Contract approved 5/0 Added (3) Approve the revised conceptual approval agreement Approved 5/0 with Florida Communities Trust. (Staff's Request) C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Approved 5/0 Commissioners approve an annual agreement with the Florida Department of Health and Rehabilitative Services (HRS), Collier County Public Health Unit (CCPHU); approve a lease agreement for use of County office space by the CCPHU, and direct staff to negotiate a separate agreement regarding the use of County vehicles by the CCPHU. Added (2) Recommendation that the BCC respond to the Florida Approved 5/0 Association of Counties' request to oppose the State Health Care Committee's proposal that County's Administrate Medicaid Block Grants. (Staff's request) Moved from 16C3 (3) Recommendation that the Board of Collier County Approved 5/0 Commissioners approve a budget amendment for $5,500 to replace the roof at the Museum's Huntoon Gallery. D. SUPPORT SERVICES E. COUNTY MANAGER (1) Recommendation to revise the net present value Approved 5/0 savings target from 8% to 7% for the refunding of the 3 County's General Obligation Refunding Bonds, Series 1986. (2) Discussion regarding Collier County Utilities Rate Report to be presented on Authority; Implementation Procedures. 11/14/95 9. COUNTY ATTOENEY'S REPORT A. Recommendation to approve settlement of case numbers Approved 5/0 94-1182 and 95-3482 concerning the operation, maintenance and intended abandonment of Royal Cove of Naples, Inc.'s wastewater treatment plant. 10. BOARD OF COUNTY COMMISSIONERS 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS Continued to 11/21/95 (1) An Amendment to the Future Land Use Element of the Continued to 11/21/95 Comprehensive Plan pertaining to the Area of Critical State Concern (ACSC) prepared by the Community Development and Environmental Services Division as directed by the Board of County Commissioners. B. ZONING AMENDMENTS (1) Petition PUD-88-14(1), Purse Associates, Inc., Ordinance 95-53 - Adopted representing Greystone Park Mobile Homes, Inc., 5/0 requesting a rezone from PUD to PUD known as Paradise Pointe RV Resort for the purpose of amending the PUD document and Master Plan for property located on the East Tamiami Trail approximately 2.6 miles east of the intersection of U.S. 41 and C.R. 951 containing 56.13 acres approved for 383 RV sites. (2) Petition R-95-5, Dennis M. Portella of Portella-Rowe Ordinance 95-54 - Adopted Associates, Inc., representing Immokalee Habitat for with density cap of 4 Humanity, Inc., requesting a rezone from A-FStO and C-F to units per acre - 5/0 RSF-5 for property located at Lake Trafford Road and Little League Road in Sec. 36, T46S, R28E, consisting of 8.2 acres. (Continued from the meeting of 9/12/95) (3) Petition PUD-95-1, Bill Hoover of Hoover Planning Continued to 11/14/95 4 Shoppe, representing Dr. William V. and Sheila M. Coppola, John T. Magocs and Ann Long, and Joseph and Catherine Trupiano, requesting a rezoning of certain defined property as herein described from RMF~12 to PUD (Parkway Promenade PUD) for property located on the north side of Golden Gate Parkway (C.R. 886) approximately 550 feet east of the intersection between Golden Gate Parkway and 53rd Street S.W. in Golden Gate City, Lots 19-21, Block 219, Golden Gate Unit 6 in Sec. 28, T49S, R26E, consisting of 1.12 acres. (Companion to Agenda Item 13A.(1) (Continued from the meeting of 9/26/95) (Continued to the meeting of 11/14/95) C. OTHER (1) Petition LDC-95-3, Community Development Services Ordinance 95-55 - Adopted Division, representing the Board of County Commissioners, 5/0 requesting to correct existing scrivener's errors on Official Zoning Atlas Maps numbered 7903N, 8526S, 8527S, 9535N, 9536N, 9536S, 472930, and 171718, referring to changing various Zoning Districts from I-IND to I, IND to I, C-5 to I, and I to C-5 for properties located throughout Collier County and by providing for an effective date. (2) An Ordinance amending Ordinance No. 92-60 by Ordinance 95-56 - Adopted providing for an additional one percent levy of the 5/0 Tourist Development Tax throughout Collier County beginning January 1, 1996 and terminating on December 31, 1999; providing for amendment to Section Three of Ordinance No. 92-60 relating to the use of tax revenues for additional one percent; and providing for the repeal of Ordinance No. 95-46. (3) An Ordinance repealing in its entirety Collier County Ordinance 95-57 - Adopted Ordinance No. 90-43, imposing a three percent Tourist 5/0 Development Tax. (4) Petition AV 95-014, Butler Engineering, Inc. as agent Resolution 95-610 - for owner, Quail Woods Estates Development, Inc. Adopted 5/0 requesting vacation of a utility easement located on a portion of Edgewild Blvd. on the Plat of Edgewild as recorded in Plat Book 13, Pages 44 - 45, of the Public Records of Collier County, Florida. Companion Item to Replat Entitled Courtyards of Quail Woods (continued from meeting of 10/10/95) (5) Petition AV 95-007, Karen K. Bishop as agent for Resolution 95-611 - owners, The Lone Oak, Ltd., requesting vacation of a Adopted 4/0 (Commissioner drainage easement located on a portion of Lots 4 and 5, Mac'Kie abstained) Block B, on the Plat of Lexington at Lone Oak Unit 1, as recorded in Plat Book 22, Pages 24 - 27, of the Public Records of Collier County, Florida. Companion item to the Plat of Walden Shores (6) Petition AV 95-016 for vacation of a portion of road Res. 95=612 reserving a right-of-way known as Lakeland Avenue Extension utility access - Adopted 5/0 (7) Discuss tentative rate increases, hear public comment Continued to 11/14/95 and adopt revised rates for the Marco Water and Sewer 5/0 District (8) Reconsideration of proposed amendments to Ordinance Withdrawn 86-67, permitting the practice of submetering within the Collier County Water-Sewer District (Withdrawn). (9) A resolution approving the plans, specifications, Staff to work with estimated costs and tentative assessment roll for the consultant to revise the Naples Park Drainage Improvements Municipal Service methodology by using Benefit Unit and confirming the initial resolution, phasing, outside Resolution No. 95-517, ordering the construction of the stormwater and basins; assessable improvements Staff to work back in 90 days. 5/0 Staff directed to include the use of plastic pipe and the phasing aspects with regards to cost. 5/0 Continued to 11/7/95 (10)Public Hearing to consider adoption of an ordinance Continued to 11/7/95 establishing the Islesworth CDD pursuant to Chapter 190, Florida Statutes 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-95-2, Bill Hoover of Hoover Planning Continued to 11/14/95 Shoppe, representing Dr. William V. and Sheila M. Coppola, John T. Magocs and Ann Long, and Joseph and Catherine Trupiano, requesting a .88 acre variance from the required 2.0 acre requirement to 1.12 acres for property located on the north side of Golden Gate Parkway (C.R. 886), approximately 550 feet east of the intersection between Golden Gate Parkway and 53rd Street S.W. in Golden Gate City, Lots 19-21, Block 219, Golden Gate Unit 6 in Sec. 28, T49S, R26E, consisting of 1.12 acres. (Companion to Agenda Item 12B.(3) (Continued from the meeting of 9/26/95) (Continued to the meeting of 11/14/95) (2) Petition CU-95-12, John J. Daly representing the Res. 95-613 - Adopted 5/0 Collier County Board of County Commissioners, requesting a Conditional Use 2.6.35.5.1.3 in the Estates Zoning District for the replacement of an existing 280 foot guyed communication tower for property located at the northeast intersection of County Barn Road and Crews Road at the County Barn in Sec. 8, T50S, R26E, consisting of 6 9.63± acres. (3) Petition V-95-14, Edwald Rauschmair and Dieter Hole Denied - 5/0 requesting a 1.15 foot after-the-fact variance from the required 10 foot rear yard accessory structure setback to 8.85 feet; a 3.7 foot variance from the required side yard setback of 7.5 feet to 3.8 feet; and a .70 foot variance from the required side yard setback of 7.5 feet to 6.8 feet for property located at 630 103rd Avenue North, further described as Lot 33, Block 25, Naples Park, Unit 3. (4) Petition CU-94-11, Hoyt Holebrooks representing Lake Res. 95-614 - Adopted 5/0 Trafford Baptist Church, requesting an extension of a Conditional Use "7" in the "A" Agricultural Zoning District to allow for a church expansion that has previously received Conditional Use approval for property located on the west side of Carson Road and approximately 1,000 feet north of Lake Trafford Road in Sec. 31, T46S, R29E, consisting of 3.2 acres. (5) Petition CU-95-13, George A. Schmaeling of Florida Continued to 11/14/95 Homes of Collier, Inc., requesting Conditional Use per Section 2.6.33.4.1 of the "E" (Estates) Zoning District for a model home for property located at 1870 Golden Gate Boulevard, further described as East 150 feet, Tract 81, Golden Gate Estates, Unit 8, consisting of 2.27 acres. (Continued to the meeting of 11/14/95). 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 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve for recording the final w/stips & construction & plat of "Walden Shores". (Companion to Agenda Item Maintenance agreement 12C.(5) 7 (2) Water facilities acceptance for La Peninsula Building w/stips & Cash Bond 400. (3) Water facilities acceptance for Ruby Tuesday at North w/stips & Cash Bond Bay. (4) Recommendation to approve for recording the final w/stips a Construction a plat of "Kensington Park, Phase Two". Maintenance Agreement & Letter of Credit (5) Recommendation to grant final acceptance of the Res. 95-602 roadway, drainage, water and sewer improvements for the final plat of "Horr's Island a.k.a. Key Marco." (6) Recommendation to approve for recording the final w/stip. plat of "Marnick Corner". (7) Recommendation to grant final acceptance of the Res. 95-603 roadway, drainage, water and sewer improvements for the final plat of "Parkway Plaza Replat." (8) Recommendation that the Board of County Commissioners Awarded to various approve additional contractors to the list of contractors listed in the pre-qualified contractors permitted to work on projects Executive Summary funded by the Collier County Residential Rehabilitation Program. (RFP #94-2280) (9) Recommendation that the Board of County Commissioners Res. 95-604 & 95-605 of Collier County, Florida, accept the conveyance of real property located in Craig's Subdivision, T50S, R5E, Section 14. (10) Recommendation to approve the final plat of "Quail w/stips & Construction a Woods Courtyards". (Companion to Agenda Item 12C.(4) Maintenance Agreement B. PUBLIC WORKS (1) Recommendation to approve Change Order No. 2 in the amount of $82,535.00 for County-wide ditch bank clearing project - Phase IV contracted to Monroe Tree Service (2) Recommendation that the Board authorize the Selection Committee to begin negotiations with intent to enter into an Engineering Services Agreement with Kissinger, Campo and Associates regarding RFP 95-2430, bridge and structure repairs. (3) This item has been deleted. Deleted (4) To enter into an agreement for the acquisition of a w/stips. temporary beach restoration easement and an access easement across the last remaining vacant lot on Vanderbilt Beach (5) Award contract for Bid No. 95-2427, Wiggins Pass Awarded to Florida Dredge Maintenance Dredging & Dock, Inc., in the amount of $215,891.12 (6) Recommendation for approval of Change Order No. 2 to Contract No. 94-2253, Beach Cleaning Operations on Marco Island C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners Res. 95-606 adopt a resolution allowing the expenditure of County funds relative to an award recognizing a community service group. (2) This item has been deleted. Deleted Moved to 8C3 (3) Recommendation that the Board of Collier County Moved to 8C3 Commissioners approve a budget amendment for $5,500 to replace the roof at the Museum's Huntoon Gallery. D. SUPPORT SERVICES (1) Recommendation to approve a budget amendment request transferring $103,000 from GAC Land Trust (Fund 605) Reserves to the appropriate operating expense account in order to provide funds to complete the Sheriffs' Office multipurpose training facility. (2) Request Board approval to award Bid #95-2433 - Rebid, Aviation Fuel, to Bell Fuels, Inc. (3) Recommendation that the Board of County Commissioners approve a lease agreement between GTE Mobilnet of Tampa, Inc. and Collier County for the use of County-owned vacant land in Immokalee to accommodate a radio tower as part of the 800 MHZ radio system. (4) Recommendation for approval of agreement and adoption Res. 95-607 of resolution authorizing the execution and acceptance of said agreement between the State of Florida Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Fund. E. COUNTY MANAGER (1) Recommendation that the BCC approve a budget amendment recognizing carry forward revenue for both Airport Authority Sheriff Dwellings E~AIP-94-7 and I-AIP-94-9. (2) Recommendation to approve a Interlocal Government Agreement between Everglades City, Collier County Airport Authority, and Board of County Commissioners. (3) Approval of Budget Amendments. B.A.'s 95-588, 96-23 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. 92-293-CJA ($62.50), 94-11232-MMA ($80.00), e9-21-CFA ($62.50), 95-4350-MMA ($25.00) , 95-3778-MMA ($25.00) , 95-1905-MMA ($25.00), 95-6024-MMA ($25.00), 94-9110-MMA ($25.00). RECOMMEND APPROVAL. (2) Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY Continued to 11/7/95 (1) Recommendation to accept partial payment of Final Continued to 11/7/95 Judgment for public defender lien against John Franklin Crews to allow Louise Tiffy to sell real property and to approve Satisfaction of Judgment in full satisfaction of outstanding lien. 17. ADJOURN 10