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Recap 12/19/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, December 19, 1995 9500 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 is/qD 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 12500 NOON TO 1500 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 November 14, 1995 - Regular meeting. Approved as Presented 5/0 November 20, 1995 - Tri-County meeting. Approved as Presented 5/0 November 21, 1995 - Regular meeting. Continued to 1/2/96 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations "75th Anniversary Of The American Woman's Right To Vote". Adopted - 5/0 B. Service Awards Judy Jeager Office of Public Information 10 years Presented C. Presentations 6- APPROVAL OF CLERK'S REPORT A. ANALYSIS OF C}tANGES 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 A. Lynn Kenney regarding a waiver of fee - access Applicant to file Rezone restriction. to be brought back re access restriction. 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) A Resolution extending the terms of office of the Res. 95-701 4/0 Citizens Advisory Committee to the Collier County (Commissioner Mac'Kie out) Planning Commission for preparation of the seven year Evaluation and Appraisal Report (EAR) on the Collier County Growth Management Plan, as established by Resolution 95-109. B. PUBLIC WORKS (1) Approve Amendment No. 4 to Professional Services Approved - 5/0 Agreement for engineering services related to improvements at the South County Regional Wastewater Treatment Facility (2) Authorization to purchase an office/warehouse Approved - 5/0 building for Wastewater Collections for inventory storage 2 and control, pump/equipment repair shop and ready room/office area (3) Recommendation to approve a Reciprocal Fee Waiver Approved - 5/0 Agreement with the Florida Department of Transportation (FDOT) subject to final review and approval by the County Attorney's Office Added (4) Approve property owner stipulations for purchase of Denied and Staff directed Environmental Mitigation Land for the North Naples to work with landowner Roadway MSTU (Livingston Road) Project. group to see if they want to pay the additional expense - 5/0 Moved from Item #16B13 (5) Approve Amendment No. One to Professional Services Approved - 5/0 Agreement with Metcalf & Eddy for the North County Regional Water Treatment Plan 8-MGD Expansion Project C. PUBLIC SERVICES D. SUPPORT SERVICES (1) Status report to the Board regarding program Presented initiatives outlined by the Human Resources Department for Fiscal Year 1996. E. COUNTY MANAGER {1) Fund Marco Island Sport Festival with Category C, Approved o 5/0 Special Events, Tourist Development Revenues in the amount of $154,000. Added (2) Amend Resolution 95-655 consenting to the transfer of Res. 95-702 Adopted 5/0 control of the Cable Television Franchise held by Florida Cablevision Management Corp. d/b/a Cablevision Industries to Time Warnet, Inc. 9. COUNTY ATTORNEY'S REPORT To Be heard at 11~00 A.M. A. (1) A Resolution authorizing the issuance of not Res. 95-705 Adopted 5/0 exceeding $5,250,000.00 aggregate principal amount of Collier County, Florida, Public Park and Recreation Municipal Service Taxing Unit General Obligation Refunding Bonds, Series 1996 to refund the outstanding Collier County, Florida, Public Park and Recreation Municipal Service Taxing Unit General Obligation Refunding Bonds, Series 1986; providing for the rights of the holders of such bonds; providing for payment of principal and interest of such bonds from an ad valorem tax levied without limit on all taxable property within the Collier County Public Park and Recreation Municipal Service Taxing Unit; making certain other covenants and agreements. To Be heard at 11=00 A.M. 3 (2) Resolution supplementin9 a resolution entitled: "A Res. 95-706 Adopted 5/0 Resolution authorizing the issuance of not exceeding with at least 6% net value $5,250,000.00 aggregate principal amount of Collier savings County, Florida, Public Park and Recreation Municipal Service Taxing Unit General Obligation Refunding Bonds, Series 1996; authorizing the sale of such bonds pursuant to public bid; delegating certain authority to the County Administrator and the County Attorney for the award of said bonds pursuant to public bid and the approval of the terms and details of said bonds. Moved from Item #1612 {3) Recommendation to approve amendment to Landfill Approved 5/0 Operation Agreement between Collier County and Waste Management, inc. of Florida regarding construction and demolition debris processing. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Development Services Res. 95-703 - Adopted 5/0 Advisory Committee. J. A. Nunner, C. B. Barksdale, B. Nelson, C. Dane, J. A. Rautio & D. J. Longo appointed B. Resolution to officially designate the Golden Gate Res. 95-704 - Adopted 5/0 Estates Park as the Max A. Hassee, Jr. Community Park 11. OTHER CONSTITUTIONAL OFFICERS A. To adopt a resolution amending the legal descriptions in Res. 95-707 - Adopted 5/0 those precincts recommended by the supervisor of elections. PUBLIC COMMENT ON GENERAL TOPICS 1. Nicky Burhman regarding problems with departments under County Attorney directed the Community Development Division and requesting an to investigate background Indian Affairs Commission to be established. and laws and return to BCC on 1/2/96 2. Mr. A1 Perkins representing Belle Meade Groups and Mr. Discussed and County Gil Erhlichman requesting monitors and TV cameras and Manager to look into videos in Boardroom in order to get information out to matter. the taxpayers and also in order for the audience to see presentations. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER (1) An Ordinance creating the Collier County Ordinance not approved but Unincorporated Area Law Enforcement Municipal Service Staff directed to continue Taxing Unit. to break out Sheriff's budget on the tax bill 5/0 (2) An Ordinance creating the County Wide Law Enforcement Ordinance not approved but Municipal Service Taxing Unit Staff directed to continue to break out Sheriff's budget on the tax bill 5/0 (3) Recommendation that the Board of County Commissioners Ordinance 95-78 - Adopted approve an Ordinance amending Collier County Ordinance 5/0 90-30, as amended, with the intent to place the Solid Waste Collection and Disposal Special Assessment on the non-Ad Valorem section of the Tax Bill commencing in November 1996. (4) Recommendation that the Board of County Commissioners Res. 95-708 ~ Adopted 5/0 adopt a Resolution setting forth the intent to use the uniform method of collecting non-ad valorem assessments for the Solid Waste Collection and Disposal Services Special Assessments levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. (5) Adopt a resolution to set forth the intent to use the Res. 95-709/CWS-95-13 - uniform method of collecting non-ad valorem assessments Aopted 5/0 for sanitary sewer improvements within the Royal Cove Sewer Special Assessment District (6) Recommendation to consider the adoption of an Ord. 95-79 - Adopted 5/0 ordinance amending Collier County Ordinance No. 91-24 by extending the moratorium prohibiting the installation of drainage culverts including pipes or other appurtenances within the swales in the public right-of-way of the area generally known as Naples Park until December 31, 1996 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-95-22, J. Dudley Goodlette, Esq., Res. 95-710 - Adopted 5/0 representing Gus G. Scacqua requesting a 25 foot variance from the required 25 feet front yard to -0- feet for a property located at 3078 Tamiami Trail North. (Continued from the meeting of 11/28/95) (2) Petition V-95-27, J. Dudley Goodlette, Esq., To be advertised for representing Gus C. Scacqua requesting a 15 foot variance 1/9/96 5/0 from the required 15 feet side yard to -0- feet for a property located at 3078 Tamiami Trail North. (3) Petition V-95-25, Darrell March on behalf of Geoffrey Res. 95-711 Adopted 5/0 and Sue Huguely requesting an after-the-fact 2.13 foot variance from the required side setback of 7.5 feet to 5.37 feet for property located at 1471 Firwood Court, further described as Lot 50, Block 24, Marco Beach, Unit 1. B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 15. STAFF'S COMMI~NICATIONS A. Leo Ochs appointed as United Way representative Discussed B. Cable television ordinance Discussed C. Nuisance Abatement ordinance Discussed D. Sunshine Law memorandum Discussed 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 Construction & Maintenance plat of "Longshore Lake Phase 5B2". Agreement (2) Recommendation to approve for recording the final Construction & Maintenance plat of "Casa Del Vida" Agreement (3) Water and sewer facilities acceptance for Casa Del Vida. (4) Water and sewer facilities acceptance for Longshore Lakes, Phase 5B-2. (5) Water and sewer facilities acceptance for Quail Walk, Phase Three. 6 (6) Recommendation to approve for recording the final Construction & Maintenance plat of "Quail Walk Phase Three" Agreement (7) Recommendation to approve Lien Resolution for Res. 95-696 Compliance Services Case No. 50726-028; owner of record Evelyn G. Lewis Trust. (8) Recommendation to approve for recording the final Res. 95-697 plat of "Melrose Gardens". (9) Recommendation to grant final acceptance of the Res. 95-698 roadway, drainage, water and sewer improvements for the final plat of "Briarwood Unit Two" (10) Recommendation to approve for recording the final Construction & Maintenance plat of "Queens Park at Lago Verde, Phase Seven". Agreement & Letter of Credit (11) Water facilities acceptance for St. Matthews House. (12) Water and sewer facilities acceptance for Queens Park, Phase 7. (13) Recommendation to approve for recording the final Construction & Maintenance plat of "Safe Harbor". Agreement & Letter of Credit (14) A Resolution of the Board of County Commissioners of Res. 95-699 Collier County, Florida, authorizing the subordination of lien for impact fees for Turtle Creek Apartments, a 268 unit affordable rental housing project. B. PUBLIC WORKS (1) Recommendation to direct staff to utilize remaining Westlake Beautification MSTU funds for roadway swale improvements and rescind ordinance which created the MSTU (2) Request the Board approve the temporary closure of Bluebill Avenue from Vanderbilt Drive to Gulfshore Drive on January 20, 1996, from 10:00 a.m. until 4:30 p.m. to accommodate the Cub Scouts Pack 168 "Cubmobile Derby" event (3) Approval of a budget amendment to cover unanticipated hauling costs (4) This item has been deleted. (5) Approve the Stipulated Final Judgment for Parcel No. 112 regarding the Santa Barbara/Golden Gate Parkway intersection project (6) Approve carry forward budget amendment related to the Raw Water Booster Pumping Station Upgrades project (7) Approve a budget amendment for additional funds necessary to construct the Orange Tree Emergency Medical (EMS) Station (continued to 1/2/96 meeting) (8) Recommendation to award Bid #95-2447 for emergency and scheduled sewage hauling (9) Approve Change Order #5 for various necessary improvements at the North County Regional Wastewater Treatment Facility (10) Approve a Supplemental Agreement for utility design services for the Vanderbilt Drive four laning improvement project and chairman authorized to execute change order (11) Approve a Supplemental Agreement with Wilson, Miller, Barton and Peek, Inc. for Vanderbilt Beach Road construction phase services and Chairman authorized to execute change order {12) Approve budget amendments recognizing carry forward amounts from FY 1995 for Parks and Recreation projects in Funds 306, 361, 362, 363, 364, 365, 366, 367 and 368 Moved to Item #8B5 (13) Approve Amendment No. One to Professional Services Moved to Item #8B5 Agreement with Metcalf & Eddy for the North County Regional Water Treatment Plant 8-MGD Expansion Project (14) Recommendation that the Board of County Commissioners authorize the Chairman to accept the Litter Control and Prevention Grant Agreement and sign the Agreement with Keep Collier Beautiful (15) Approve funding and an engineering services work order for Royal Cove Assessment Project C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Commissioners approve a contract between Collier County and Dr. Marta E. Coburn, M.D., Florida District 20 Medical Examiner for Collier County doing business as District 20 Medical Examiner. (2) Recommendation that the Board of Collier County Commissioners approve the continuation grant for Older Americans' Act for 1996, award the related homemakers bid, execute contracts with Accu-care and Morning Star Nursing Services, and authorize the use of monies from the Social Services section for interim bonding should federal budgets for this program not be resolved by 8 January 1, 1996. (3) Recommendation that the Board of County Commissioners approve a lease agreement between Immokalee Day Care Center, Inc. and Collier County for the continued use of County-owned property in Immokalee. (4) Recommendation that the Board of County Commissioners approve an agreement to sublease between Immokalee Day Care Center, Inc. and T.E.C.H. of Collier County, Inc. for the continued use of County-owned property in Immokalee. D. SUPPORT SERVICES (1) Recommendation that the Board of County Commissioners approve a contract with Energy Savers Inc. to engineer and replace the chemical treatment systems now being utilized in three (3) towers and chillers located at Building "K", County Government Center. (2) Recommendation to terminate Contract #94-2228 (Master Lease Purchase Agreement). (3) Recommendation that the Board of County Commissioners approve Change Order #SC-7 (Contract #2334), Department of Revenue Renovations, Development Services Building. E. COUNTY MA/qAGER 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) A Resolution splitting the special assessments for Res. 95-700/CWS 95-12 Lots 18, 19 and 20, Willoughby Place Subdivision that are located within the Willoughby Acres Water Assessment District and the Willoughby Acres Sewer Assessment District. Moved to Item #9A3 (2) Recommendation to approve amendment to Landfill Moved to Item #9A3 Operation Agreement between Collier County and Waste 9 Management Inc. of Florida regarding construction and demolition debris processing. 17. ADJOURN 10