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Recap 01/23/1990 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 23, 1990 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" IMMEDIATELY FOLLOWING THE ADVERTISED PUBLIC HEARINGS. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED ARECORD 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. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. API~ROVAL OF AGENDA AND CONSENT AGENDA V//~egular meetings of December 19, 1989 and January 2, 1990. APPROVAL.OF MINUTES PROCLAMATIONS A. Service awards as follows: Richard J. Winans, Road and Bridge - 5 years. Approved wi·th changes. 5/0 Approved~as~presented. 5/o Presented Terry M. Bass, Facilities Management - 5 years. Presented Proclamation dedicating the week of January 28, 1990 as Catholic Schools Week. Adopted 5/0- 6. ADVERTISED PUBLIC HEARINGS - BCO A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) DRI-89-1C, Mark Morton of the Barron Collier Co., representing the Halstart Partnership, requesting development approval of "The Halstatt DRI/PUD", a mixed use development of regional~impact containing commercial residential and golf course components, for property located at the northwest, northeast and 1 January 23, 1990 Continuad to 6/5/90 southeast quadrants of Airport Road and Golden Gate Parkway Intersection, Sections 24, 25, 26, Township 49 South, Range 25 East, consisting of 1601.39 acres. (Continued to June 5, 1990 meeting). (2) Petition R-89-18, Mr. Robert Duane of Hole, Montes and Associates, representing John J. Nevins, as Bishop of the Diocese of Venice, requesting a rezone from PUD/RSF-3 to PUD to be known as St. Peter's Catholic Church PUD for property located at the northeast quadrant of the intersection of Rattlesnake Hammock Road and Hawaii Boulevard in Section 18, Township 50 South, Range 26 East. Ordinance 90-4 adoDte subject to Pet. A§uee- ment and additional stipulations. 5/0 (3) Petition ZO-89-24, Community Development Division, representing the Board of County Commissioners, requesting an amendment to Collier County Zoning Ordinance 82-2, amending Section 7.26 "I" Industrial District, b.3 Permitted Provisional Uses and Structures by adding Provisional Use "e" Child Care Centers. Ordinance 90~5 a~Qp't~ Subject to stiDulatic 5/0 (4) Petition R-89-17, Robert Duane, Hole, Montes & Associates, representing William M. Pogue, Davis Boulevard Partners, requesting a fezone from A-2 to PUD for residential cjuster housing adult congregate living facilities, retail on three outparcels and a motel/hotel or 150,000 sq. ft. of office space, to be known as Neapolitan Park, for property located on the north side of Davis Blvd. east of Santa Barbara Blvd. in Section 4, Township 50 South, Range 26 East, consisting of 20 acres more or less, Collier County, Florida. (Companion to SMP-89-17). Ordinance 90-6 adopt, 5/0. Staff directed come back with info. regarding child care centers. (5) Petition R-89-20, Robert L. Duane, Hole, Montes and Associates, representing Frederick R. Pauley, Tz~/stee, requesting a rezone from A-2 to PUD for 5.5+ acres of restaurants, retail or office space with 2.7 acres of right-of-way, open space and wetland area, for a project to be known as Crestwood PUD, for property located in the southeast corner of Immokalee Road/I-75 interchange quadrant, in Section 20, Township 48 South, Range 26 East, Collier County, Florida consisting overall 8.2+ acres. Ordinance 9'0-7 adopt subject to stipulat] 4/0 (Comm. Volpe opposed) 2 January 23, 1990 (1) Public hearing to consider adoption of an / ordinance amending Collier County ordinance No. 86-65, ~tions Two, Three and Five, by revising the membership of the Immokalee Lighting and Beautification Advisory Committee from seven members to five members. Ordinance 90-8 Adopted 5/0 CONTINUED TO 1/30/90 (2) Growth Management Plan Land Development Regulations - Airport Noise Zone Ordinance (Continued from January 9, 1990 meeting). /~(3) Recommendation to amend Collier County ordinance N(o. 76-48, Section 24-60, prohibited acts, Subsection M) to permit domesticated animals within County Park boundaries for recreational special events, park ranger patrol, handicapped park patrons and law enforcement duties. /('~) Petition AV-89-021, Audubon Joint Venture requesting vacation of a twelve foot (12') easement on Lots 1 through 5, Lots 16 and 17, and Lots 19 through 25, and Lot 33, Devon Green at Audubon as recorded in Plat Book 16, Pages 35 and 36 of the public records of Collier County, Florida; said plat being a subdivision of Track K, 'Audubon Country Club Unit One as recorded in Plat Book 15, Pages 30 through 35 of the public records of Collier County, Florida, so petitioner can more uniformly develop property. Continued to 1/30/90 Ordinance 90-9 .Adopte 5/0 Resolution .90-26'.:· Adopted 5/0 (5) Recommendation to adopt resolutions approving ~/ amendments to the Fiscal Year 1989-90 adopted budget. CONTINUED TO 2/13/90 (6) Petition DRI-88-1C, Wilson, Miller, Barton, Soll and Peek, Inc., representing Stephen Tavilla, requesting development approval of "Regency Village of Naples", a mixed-use development of regional impact containing commercial, residential and golf course components, for property located in the northwest quadrant of 1-75 and Immokalee Road (C.R.-846) in Sections 18 and 19, Township 48 South, Range 26 East (200 acres). 3 January 23, 1990 BAR'S 90-5 - 90-9 Adopted 5/0 Continued to 2/13/90 (7) Petition SMP-89-17, Robert Duane, Hole, Montes & ~FAsso¢iates, representing William M. Pogue, Davis Boulevard Partners, requesting Subdivision Master Plan approval for Neapolitan Park PUD, for property located on the north side of Davis Blvd. east of Santa Barbara Boulevard in Section 4, Township 50 South, Range 26 East, consisting of 20 acres more or less, Collier County, Florida. (Companion to R-89-17. Resolution 9025 adop%~ subject to petitioner' agreement. 5/0 (8) Recommendation to approve the proposed ordinance / amending the current County. Water Management Policy V and incorporated the most recent regulatory criteria approved for use by the South Florida Water Management District. Ordinance 90-10 Adopt 5/O CONTINUED TO 2/13/90 (9) Recommendation providing for an exchange of property pursuant to State Statute 125.37 regarding Immokalee Middle School. (Continued from 1/16/90 meeting). Continued to 2/13/90 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition AW-89-3, Hanon Combs representing Mar-Good Resort Collages, R.V. Park, marina, requesting a waiver of separation requirement between places serving alcoholic beverages and a church, for property located at 321 Pear Tree Avenue, Goodland. Res. 90-27 - Adopted] subject to Petitioner's'Agree- ment 5/0 END ADVERTISED PUBLIC HEARINGS B. pROVISIONAL USE C. OTHER (1) Public hearing to hear comments from the public concerning filing an application for a Community Development Block Grant for Economic Development. Approved 5/0 4 January 23, 1990 8. PUBLIC PETITIONS 9. COUNTY MANAGER'S REPORT A. COMMUNITY. DEVELOPMENT CONTINUED TO 2/6/90 (1) Request the Board of County Commissioners to approve agreement with Anchor Engineering, authorize Chairman to execute agreement, appoint Compliance Services Section Manager as "Contract Manager" and the Housing and Urban Improvement Director as "Project Coordinator". Continued to 2/6/90 CONTINUED TO 1/30/90 (2) Request direction regarding ownership of water management areas and Cypress/Water Management area of Collier Village. Continued to 1/30/90 MOVED FROM /~/ 14(a)(1) / /(3) Recommendation to approve a budget amendment / from Community Development (113) reserves to fund / costs incurred setting up new Development Services V Offices in Immokalee. Approved 5/0 ~.RANSPORTATION (1) Award of a land clearing contract to B.J. Excavating Enterprises, Inc. for relocation of overhead power facilities by Florida Power and Light Company in conjunction with pending C.R. 951 four laning improvements between U.S. 41 and Rattlesnake Hammock Road, CIE Project #010. Approved In the amount of $39,730 5/ /~2) Recommendation to consider the bids received to purchase two (2) replacement hydraulic excavators for road maintenance operations by waiving bid specification deficiencies or to reject all bids and authorize a rebid. Bids rejected; Sta to rebid with appro riate specs ASAP 5/0 - Final acceptance of initial basic 5 January 23, 1990 ~design services provided by Coastal Engineering Consultants, Inc. and disbursement of contract fees relating to the Barefoot Beach Preserve Public Park Facility. MOVED FROM / 14(B) (3) /~(4) Recommendation to adopt resolution accepting / d~o~,n, ~at ion of right-of-way along Santa Barbara Boulevard and Davis Boulevard. Fianl Payment approved in the amount of $14,698.40; Contract t( remain open for 45 day~ and if specific.?func- ticns are to b~ per- formed they will be brought back to BCC. 5/0 Pesolution 90-28 adopted 5/0 CONTINUED TO 1/30/90 PUBLIC SERVICES Staff to negotiate wit City and School Board (1) Consideration regarding various options the turning over of pertaining to jurisdictional control of Seagate Seagate park to'City P~%~rmination to be made as to value of what County is giving up request reimbursement of same. Staff to ask that City cooperate in continuing County programs at park until transition stage is completed. Staff to talk with DCA regarding this park ~emaining as part of the County's inventory while County programs are taking place. 5/0 (2) Recommendation that the Board of County Commissioners accept the donation of the historic community laundry building in Everglades City from the Everglades City Women's Club and initiate steps to acquire and restore the structure as a branch museum facility of the Collier County Museum. Continued to 1/30/90/, (3) Recommendation that the Board approve increase in cash match to replace cut in State General Revenue Funds for Community Care for the Elderly Program. Approved 5/0 D. UTILITIES. E. ADMINISTRATIVE SERVICES F. EMERGENCY SERVICES MOVED FRO~' 14(F)~ (1) Recommendation to approve resolution adopting the~ Collier County Hazardous Material Response Plan. Resolution 90-29 A( 5/0 6 January 23, 1990 10. 11. ENVIRONMENTAL SERVICES COUNTY MANAGER (1) To present options Commissioners concerning franchises. to the solid Board of County waste collection Staff to negotiate ex- clusive franchises witl Waste Mgmt. and Immoka lee Disposal and bring ~back to BCC in 60 days; Staff to provide Solid waste collection ord.to BCC prior to presenting negotiations, and if dissatisfied ~oith ag~eemen~sj Staff will go out for competitive 'bids'. 4/i mmisaloner Vo£pe opposed) ~- ' ' BA's 90-90; 90-93/94 Adopted 5/0 BA's 90-88/89; BA-90- Adopted 5/0 COUNTY ATTORNEY'S REPORT CLERK TO THE BOARD'S REPORT A., Budget Amendments (1) 3. \ i (2) Regarding matters not previously discussed: Regarding matters previously discussed: 3. (3) Budget Amendment Resolution No. 90-4. No action.- Tabulation of Contracts and Documents (as of noon previous Tuesday). C, Analysis of Changes to Reserves for Contingencies (1) General Fund (001). (2) Facilities Construction Fund (301). (3) Community Development Fund (113). 12. BOARD OF COUNTY COMMISSIONERS A. Discussion of Lobbying ordinance (Commissioner Volpe - Continued from 1/16/90 meeting). Tabled this item. 13. OTHER CONSTITUTIONAL OFFICERS 7 January 23, 1990 /A. Increase Guardian Ad Litem to full time status. /~B. Recommendation to establish a new Secretary I position for within Court Administration the Mediation and Arbitration Program. \ Approved~'<,~/0 Approved 5/0 14. 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. Community Development MOVED TO 9(a) (3) (1) Recommendation to approve a budget amendment from Community Development (113) reserves to fund costs incurred setting up new Development Services Offices in Immokalee. Approved and/or Adopte~ 5/0 Moved to 9A3 B/~TransDortation (1) Recommendation to approve a highway lighting joint project agreement wherein the Florida Department of Transportation will provide for a street lighting system on S.R. 29 at Lake Trafford Road (C.R. 890) and for the County to provide for system maintenance. (2) Recommendation to execute "Subordination of Utility Interests" Agreement between Collier County and Florida Power & Light Company pertaining to right-of-way acquired by Collier County along Davis Boulevard (S.R. 84) at Santa Barbara Boulevard. MOVED TO 9(B) (4) (3) Recommendation to adopt resolution accepting donation of right-of-way along Santa Barbara Boulevard and Davis Boulevard. (4) Recom/nendation to approve the short list of consultants to perform the highway capacity analysis and authorize staff to negotiate a contract with the number one ranked consultant. Moved to 9B4 8 January 23, 1990 C. ~ublic Services /~ellRecommendation approving ' a contract between ier County and Training and Educational Center for Handicapped, Inc. (T.E.C.H.) to perform landscape maintenance. D. Utilities //~(1) Devon Green (Tract K) at Audubon; water and sewer ~ facilities acceptance. With stipulations. E. Administrative Services (1) Recommendation to cancel current taxes upon land acquired for public use - 12.5 acre site located adjacent to the Naples Landfill. Res. 90- 31 ~_______~2) Recommendation to approve and execute a limited se license agreement between the Board of County Commissioners and the Art League of Marco Island, Inc. ~/~Recommendation to amend Section 9-5, Personnel Rules and Regulations. F. Emergency Services MOVED TO 9(F) (1) (1) Recommendation to approve resolution adopting the Collier County Hazardous Material Response Plan. Moved to 9F1 ~nvironmental Services County Managent (1) Recommendation to authorize the restricted use of Trail Blvd. and the Goodlette-Frank Road extension for parking and to waive the fees associated with the Emergency Medical Services support for the Aetna Challenge/Senior PGA Tour Event at The Club At Pelican Bay. ~~(2) Request for authorization to advertise a public hearing to consider adoption of an ordinance amending Collier County Ordinance No. 87-100, Section One, by providing inclusion of two (2) entrance monuments for 9 January 23, 1990 Pinehurst Estates within the Lely Beautification District. Golf Estates I. Mis~ne.ous Correspondence %1~f--- Certificate for Corr~ction: 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) ~tra Gain Time: NEED MOTION authorizing Extra · / Gain time for Inmate No. 33273, 42018, A#51292, %/' A~46253, A#56283, A#24797. RECOMMEND APPROVAL. (3) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the P~blic Defender for Case Nos. 89-1661-MM, ($25.00)88-1252-CJ ($25.00), 89-1336-TM, $9-945-MM ($25.00) 87-3876-TM-VPII ($12.50), 87-2907-TM, 87-3876-TMVPII, ($37.50)88-824~CJ ($100.00), 87-979-CF ($25.00), 89-519-CF ($75.00), 88-1604-MM ($12.50), 88~5137-TMVPI, 88-3911-MOVPI ($25.00), 89-568-CJ ($87.50), 88-5006, 5688-TM ($225.00), 88-1242-TM ($12.50), 88-1206-CF ($25.00), 88-651-CJ ($25.00), 88-1007-CJ ($62.50), 89-2674-TM ($25.00), 89-2622-MM ($25.00), 85-2319-TMVPII, ($12.50), 89-2740-MM ($12.50), 89-2572-TM ($12.50), 87-2611-TM ($12.50), 89-195-CF ($37.50), 89-1158-TMVPI ($12.50), 88-1185-TM, $9-352-TM, 89-257-MM, ($25.00), 89-780-CF, ($37.50)89-1472-TM ($225.00). RECOMMEND APPROVAL. 15. ADJOURN BP-D-1/23/90 10 January 23, 1990