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Recap 10/24/1989 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 24, 1989 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 BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTA THERETO, AND THEREFORE MAY NEED TO ENSURE VERBATIM RECORD OF THE PROCEEDINGS IS MADE, RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPO THE APPEAL IS TO BE BASED. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES (A) Regular meeting of September 26, 1989. ADD: (B) Discussion of emergency legislative hearing - Pelican Bay Improvement District. 5. PROCLAMATIONS 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) DRI-88-1C, Wilson, Miller, Barton, Peek, Inc. representing Stephen Tavilla, development approval of "Regency Village (Continued to November 14, 1989 meeting). SolI and requesting of Naples". (2 ) Petition Engineering requesting R-89-11, Glenn E. Caudill of Anchor representing Shrewsbury Associates, a rezone from A-2 to PUD for single family 1 ~ ~ ,. - --- Approved with - changes. -4/0 Approved~presented. - 4/0 To be held at City Hall this date. Informational "I-tem onl Continued to November 14, 19B ~dinance 89-70 - P,m:;;::d. 4/0 sub;ect to Petitioners Agreerren t . residences (not to exceed 650 dwelling units) and a golf and country club for property located on west side of C.R. 951 and 3/4 mile north of Rattlesnake Hammock Road in section 15, Township 50 South, Range 26 East, consisting of 240 acres. / / \,/ (3) Petition PDA-89-11, William R. Vines of Vines Associates, Inc. representing Mobil oil Corporation requesting amendments to the Quail II PUD Ordinance 82-68 by clarifying the commercial uses that are to apply to the Quail II PUD commercial area and to further define that uses are to be permitted in conjunction with an automobile service station for property located on the north side of Immokalee Road, approximately one mile east of 1-75, Section 20, Township 48 South, Range 25 East, Collier County, Florida. CONTINUE TO 11/7/8-9 (4) Petition R-87-28C, Donald A. Pickworth, representing Speakeasy of Collier County, Inc., requesting a rezone from RS-4 to C-3 for a parking lot immediately west of Spanky's Restaurant located on the west side of Airport Road and approximately 1/2 mile south of Golden Gate Parkway in Section 35, Township 49 South, Range 25 East. C. OTHER (1) Recommendation to adopt resolutions approving amendments to the Fiscal Years 1988-89 and 1989-90 adopted budgets. --- Ordinance 89- 71 - Adooted j 4/0 subject to PetitiOners Agreerrent. Continued to November 7, 1989 , I 89-26; BAF 89-27; BAR 89-28; and BAR 90-01 ted. 4/0 (2) Petition AV-89-015, Anchor Engineering~Olution requesting vacation of drainage easements on Lots 6 & subject to 7 c;>f. the plat of th7 . vineyards, Tract "F" ,so paragraph. pet1t10ner can better ut111ze property. , -- ,/ /" 89-294 - Adopted change in 1st 4/0 /// v' (3) Petition AV-89-019, William C. MCAnleyJReSOlution requesting vacation of a portion of the utilit 4/0 easement on Lot 29, Block "2", Regent Park replat so petitioner can build across easement. /1' 2 89-29S - Adopted (4) Public hearing to consider a petition requesting the creation of a street lighting district in the Vineyards ~ 3 Subdivision and enact an ordinance for~ ~d'''''''''' _/ /~_/ -'- ! ' , (" / ,.// \ r > ; V _/ (5) Public hearing to consider a petition requestjng the creation of a street lighting district in ~he Riverwood Mobile Home Park Subdivision and enact an ordinance for same. (6) Petition SDV-89-2, Linda Lawson represent in Westinghouse Communities of Naples, Inc. requesting an exception from the Subdivision Regulations, Ordinance 76-6, as amended, for land located in Pelican Bay, the strand portion of Bay Colony, Unit 8. (7) Petition SMP-89-15, Glenn Caudill of Anchor Engineering representing shrewsbury Associates requesting subdivision master plan approval for Casa Del Sol Golf and Country Club for property located on west side of C.R. 951 and 3/4 mile north of Rattlesnake Hammock Road in section 15, Township 50 South, Range 26 East, consisting of 240 acres. 7. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS CONTINUE TO 11/14/89 (1) Petition V-89-15, Larry R. Andrews requesting a ten foot variance from the required side yard setback of 30 feet to 20 feet on the northern side yard for property located at 413 Ridge Drive and is further described as Lot 33, Block L, pine Ridge Extension (Section 3, TownShip 49 South, Range 25 East). 3 f Ordinance-89-72 4/0 - Pdopte~ Ordinance 89-73 - Adopted 4/0 - ~solution 89-296 - Adopted w/stips 4/0 Resolution 89-293 - Adopted 4/0 Continued to November lL~, 19E .,..' (2) Petition V-89-16, David McElrath, representing Manor Healthcare, required (Southeast) side yard setback of 50 feet when abutting residentially zoned property to 10 feet for property located at the southern corner of Lakewood Blvd. and Boca Ciega Drive in section 13, Township 50 South, Range 25 East. END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE (1) Petition PU-89-12, Mr. L. L. Hampton, representing First Haitian Baptist Mission, Inc., requesting a provisional use "a" of the "E" Estates Zoning District for a church and church-related facilities for property located on the north side of County Barn Road in Section 8, Township 48 South, Range 26 East, and contains approximately 4.98 acres. ,/ CONTINUE TO 11/7/89 (2) Petition PU-89-11, Dr. Neno J. Spagna, representing Floyd L. Bowein, requesting Provisional Use "g" of the C-4 Zoning District for a used car lot located in Section 11, Township 50, Range 25 East. 8. PUBLIC PETITIONS (A) Dr. Keith Waterhouse representing Collier County's Historical and Archaeological Resources. (Request this item be heard at the beginning of the meeting). (B) Paul Giovanini representing the Ritz-Carlton Hotel- temporary use of tent. (C) Clara Virginia McCall requesting a permit from the Board of County Commissioners to allow her to apply for an occupational license to practice astrology in Collier County. 4 Feso. 89-297 Adanted 4/0 --- D=nied LL/O Continued to l\Tovernber 7, 1989 Staff to develop a program""tc protect the historical and archaeological resources including pursuin?; state gran 4/0 Continued for 2 weeks, tent to remain up ~rmit 89-1 approved 4/0. 9. COUNTY MANAGER'S REPORT A. C~~ITY DEVELOPMENT /11) Petition C-89-6, st. Elizabeth Seton Catholic '\ Church requesting a permit to conduct their annual / festival on the church grounds on November 8, 9, 10, 11 and 12, 1989. DELETE: /'/ 1'/ ,,/ (2) Petition C-89-5, James O'Connell, President, Kiwanis Club of Naples, Inc., requesting a permit to conduct a carnival at the Florida Sports Park on S.R. 951 on November 9th and 10, 1989. / \/ (3) Recommendation to accept the amended policy/procedure for the Water Management Advisory Board. c~f community Development Division requesting ~~oard of County Commissioners to set a public / hearing date for DRI-89-1, the Halstatt V Partnership. \_' ADD: B. TRANSPORTATION (1) Recommendation to advertise and receive proposals for professional engineering services to fulfill design, right-of-way and permitting requirements for planned four-laning of Illth Avenue and Vanderbilt Drive, CIE Project Nos. 001 and 025. , if (2) Recommendation that the Board of County commissioners enter into an agreement with the vineyards Development corporation for street lighting in the vineyards Unit 2. (companion to Item 6(C) (4). 5 --- C-89-6-Approved 4/0. Deleted Feso. 89-298 Adopted 4/0. Public Hearing - Date Set for January 23, 1990.' Staff recOIIrrendations approved. Consultant Selec- tion Carnni ttee of C..eorge Archibald, Walter Carter, Harry Huber, Steve ('.amelI & Vl dirnir Ryziw approved 4/0. 4/0 MOVED FROIj./ 14 (C) (2) / 'il MOVED FROM 14(C) (3) MOVED FROM 14(G) (1) C. PUBLIC SERVICES (1) Recommendation for approval of contract for the 1989-90 funding contribution to Shelter for Abused Women of Collier County, Inc. (2) Recommendation to approve a resolution requesting lease management of the Barefoot Beach preserve property. D. UTILITIES E. ADMINISTRATIVE SERVICES (1) Recommendation to award a two-year contract to Mahogany Carpets for Bids No. 89-1453 and 89-1454. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (~) Recommendation that the Board of County ~ommissioners authorize the Natural Resources 'Department to submi t a grant proposal to the Florida Department of Natural Resources for the artificial reef program of Collier County. H. COUNTY MANAGER (1) Recommendation to consider various options relative to a Tourist Development Tax in Collier County. 6 ~/~ ,- !,i' r-Yi'.--- V'. v J . Contract apPrQved W1 th stipulation- thai an inde- pendent audit by CPA be submitted to the BCC annually. 4/0. Reso. 89-299 Adopted 4/0. Bids awarded to Jvfahoganv: Carpets at $20.6S/yd for speckled cai'Pet.tile, and $g.SS/yd for roll carpeting on an as needed basis. 4/0. Chainnan to execute application as revised, subject to review by County Attomey. 4/0. Continued for 2 weeks 3/1 (Corrmissioner Shanahan opposed) 10. COUNTY ATTORNEY'S REPORT 11. CLERK TO THE BOARD'S REPORT A. BUdget Amendments (1) Regarding matters not previously discussed: 1. (2) Regarding matters previously discussed: 6. (3) Budget Amendment Resolution No. 90-2. B. 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 concerning the proposed bed tax. (B) Appointment of one member to the Water Management Advisory Board. ADD: (C) Discussion regarding Fair Grounds rezoning. ~j 7 --- BA 89-378 Adopted 4/0. BA's 89-377; 90-2/6 Adopted 4/0. ~ 90-2 Adopted 4/0. Continued for 2 weeks 3/1 (Commissioner Shanahan opposed) ~. 89-300 appointing ~red Vidzes PDopted 4/0. Staff directed to begin amendment proceedings 4/0. ADD: (D) Discussion of Whi te Paper Workshop. No Action 13. OTHER CONSTITUTIONAL OFFICERS ditJ{ If; 14 . CONSENT AGENDA All matters listed under routine and action will separate discussion of desired by a member of removed from the Consent this item are considered to be be taken by one motion without each item. If discussion is the Board, that item(s) will be Agenda and considered separately. Appro d and/or Adonted 4/0. A. C6mmunitv Development (1) Recommendation to approve a budget amendment to transfer funds for Icard, Merrill, Cullis, Timm, Furen and Ginsburg, P. A. services. In the amt. of $100,000 (2) A resolution providing for assessment of lien inro' 89-30l order to recover funds expended by the County to abate public nuisance on Lot 17, Block 207 of Marco Beach Unit Seven, a subdivision according to the plat thereof, recorded in Plat Book 6, Page 55-62, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. / ~l (3) Recommendation that the Board of County Commissioners authorize staff to solicit RFP's from professional land surveying companies for surveying services required by County divisions and to authorize a selection committee. '_I , j j (4) Recommendation to approve the final plat of Imperial Place Subdivision. . I i f-\I (5) A resolution providing for assessment of lien in ~o. order to recover funds expended by the County to abate~S public nuisance on Lot 17, Block 64, of Marco Beach Unit Two, a subdivision according to the plat thereof, recorded in Plat Book Six, Pages 25-31, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. 89-303 (6) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 9, Block 110, Unit 3, Golden Gate, according to the plat thereof recorded in Plat ~89-304 8 Book 5, Page 99 of the public records of Collier County, Florida pursuant to ordinance 85-33. (7) A resolution providing for assessment of lien in 89~305- order to recover funds expended by the County to abateV' public nuisance on Lot 15, Block 2, Unit 1, Part 2, Golden Gate, as recorded in Plat Book 11, Pages 11 and 12 public records of Collier County, Florida, pursuant to Ordinance 85-33. --- (8) A resolution providing for assessment of lien in 0Re ;'..!. 89-306 order to recover funds expended by the County to abate public nuisance on Lot 411 of the Willoughby Acres Subdivision, section 24, Township 48-S, Range 25-E, Collier County, Florida recorded in Plat Book 8, Pages 24, 25 and 26, of the public records in Collier County, Florida, pursuant to Ordinance 85-33. (9) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 10, Block 319, Marco Beach Unit 13, according to the plat thereof, recorded in Plat Book 6, Pages 92 through 99, inclusive, of the public records of Collier county, Florida pursuant to Ordinance 85-33. Property Owner: Richard W. Field. //(10) Recommendation to accept the security ?/ Excavation Permit No. 59.155 Imperial West Tract \,., Lake, revised (a.k.a. Imperial Place), located Section 15, Township 48, Range 25 East. (11) A resolution providing for assessment of lien in order to recover funds expended by the County to abate public nuisance on Lot 11, Block 26 of Marco Beach Unit One, a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 9-16, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. ! (12) A resolution providing for assessment of lien in V order to recover funds expended by the County to abate public nuisance on the East 30 feet on Lot 9, Block 243, Golden Gate, Unit 7, in accordance with the subject to the plat recorded in Plat Book 5, Pages 135 through 146, inclusive, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. 9 c. 89-307 for "0" in VI. ~08 ! / ~9 / / ~(13) A resolution providing for assessment of lien . order to recover funds expended by the County to abate i public nuisance on Lot 8, Block 4, of Marco Beach Unit One , a subdivision according to the plat thereof, recorded in Plat Book 6, Pages 9-16, of the public records of Collier County, Florida, pursuant to Ordinance 85-33. 'B. Transportation \l' (1) Recommendation to accept construction of publi sidewalk improvements relating to the Golden Gat Terrace Elementary School. (2) Recommendation to approve a Florida Department of Commerce Grant Application for road improvements at the Immokalee Airport. (3) for and No. Recommendation to award a construction contract county-wide sidewalk improvements to the lowest most responsible bidder, Better Roads, Inc., Bid 89-1463. C./1'Ublic Services (1) Recommendation contingencies be equipment. reserve for shipment of that funds utilized for from delayed MOVED TO 9(C) (1) (2) Recommendation. for approval 1989-90 funding contribution Women of Collier County, Inc. of contract for the to Shelter for Abused MOVE TO 9 (C) (2) (3) Recommendation lease management property. to approve a resolution requesting of the Barefoot Beach preserve JJtilities (1) Cranbrook and Country Colony Condominiums at Royal Club, Unit Three; water Wood Golf and sewer 10 i~SO. 89-3l0 --- Release of final payment letter Foads . In the amount of $16S,498.26 Transfer in the amt. of $2, 992. y\t1f)fJ w/stips , /F. MOVED TO 9(G) (1) L< burial l:tS'.~d facilities acceptance. (2) Royal Wood Golf and Country Club, Unit Three; water and sewer facilities acceptance. (3) Recommendation to purchase one (1) backhoe through state contract. v Administrative Services ../, :--, "'~" "if " (1) Recommendation to execute deed(s) for at Lake Trafford Memorial Gardens. (2) Recommendation to change Christmas Holidays. observance of Emerqencv Services (1) Request Board approval to renew existing tower space rental agreement between H & 0 Communications Limited Partnership and the Board of County Commissioners for the continued use of tower space for medical telemetry communications. G. Environmental Services (1) Recommendation that the Board of County Commissioners authorize the Natural Resources Department to submit a grant proposal to the Florida Department of Natural Resources for the artificial reef program of Collier County. l~l Countv Manaqer w/stips - In the amt. of $29, 958 if's 602 - 609 the To D=cember 25 and 26, 1989 otal of $5,520 annually, to be paid in quarterly install- IIEnts of $1,380. ~~ rrJ (1) Approval of application for Land Development / Regulation Assistance Funds available through the Department of community Affairs and authority for staff to complete a contract for services for Board Approval. (2) Recornrnendation- to award a contract to provide 11 fertilizer for beautification MSTU maintenance. Bid #89-1468 awarded to Producers Fertilizer Co. in the amt. of $3,569.8l / .( (~ A resolution appointi~g member~ to the LocalJ ReSo.. 89-3ll appointing ~tion Sales Tax Ad-Hoc Adv1sory Cornm1ttee. FrederidK'Gloedkner, VernCil Yonng, George Keller, Jim McGrath, Don Berry, William V. Hartman, Frank Holland, J. Dudley C.,oodlette, Egan Hill, and Harold Hall '-...; (1) Appointment of one member to the Golden Parkway Beautification Advisory Committee. / Gate / Reso. 89-312 appointing ;j E. Jeanette Keller I. Board of Countv Commissioners ~r. Miscellaneous Correspondence (1) Gain 55505, 64132. Extra Gain Time: NEED MOTION authorizing time for Inmate No. 42979, 58401, 45044, 62325, 59441, and 55975, 61981, 64209, RECOMMEND APPROVAL. Extra 24797, 43950, (2) satisfaction of Lien: NEED MOTION authorizing the Chairman to sign satisfaction of Lien for Services of the Public Defender for Case Nos. 88-1243-CJ ($12.50). RECOMMEND APPROVAL. 15. ADJOURN BP-D-I0/24/89 "' 12