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Recap 10/10/1989 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 10, 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 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. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE ;~. APPROVAL OF AGENDA AND CONSENT AGENDA 4. APPROVAL OF MINUTES v Budget Hearing - September 13, 1989. 5. PROCLAMATIONS A. Service awards as follows: Barbara Komorny, Human Resources - 5 years. v' John D'Amico, Facilities Mgrnt. - 5 years. Enrique Salas, Road & Bridge - 10 years. W. Neil Dorrill, County Manager - 10 years. approved w/chan?es 5/0 approved 5/0 Presented Presented Presented Presented John Ure, Facilities Management - 5 years (Continued Presented from October 3, 1989 meeting). V B. Proclamation - Fine-Arts Society "Decade of the Arts". 1 "- Approved 5/0 Iblll:;tS'f 6. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition R-89-10, Salvatore C. Scuderi of Orrt.89-68 adoTlterl . 5/0 Scuderi and Childs representing Romano and Laura Ciocca requesting a rezone from RO to RSF-2 for -,/ property located on the west side of South Barfield Drive approximately 200 feet north of the southerly terminus of South Barfield Drive (Marco Island) . (Companion to Petition PU-89-9) 3.5 acres. ~/ v/ \./' C. OTHER (1) Petition AV-89-017, william and Ann Phillips, requesting vacation of a portion of a fifty foot (50') right-of-way easement on a portion of Lot 4, Block "B", Gulf Acres, so petitioner can build within right-of-way. \., Reso. 89-282 auuroved 5/0 ,...."'" v/ (2) Petition AV-89-018, Patrick J. O'Mara, Reso. 89- 283 anproved 5/0 requesting vacation of a portion of the drainage easement on Lot 71, Tall Pines, so petition can build across easement. (3) Ordinance repealing Collier County Lethal Yellowing Ordinance No. 80-87 and replace with a new Lethal Yellowing Ordinance. \,/ Ord. 89-69 adonted3/2 (Comm. Volpe and Hasse opposed) (4) Petition AW-89-1, Leonard P. Reina requesting R 89 284 d 5/0 . . . eso. - approve Shan Shan Su, S.W. Hunan Restaurant request~ng wa~ver of separation requirement between an establishment which sells alcoholic beverages for consumption on premises and a church school, public park or playground for property described as 5569 Golden Gate Parkway. \/ 2 IC)t c l5'f \,/ II ,./ (5) Petition SMP-89-12, George Mellen of William McAnly and Associates, P.A., representing Richard McCullough, requesting Subdivision Master Plan approval of Candlewood, a subdivision to be located 3/4 mile north of Immokalee Road in Section 24, Township 48 South, Range 25 East, consisting of 10 acres. (6) Petition SMP-89-7 Coastal Consultants, Inc. representing Marina requesting Subdivision Master Plan Harrington Sound, located in Section South, Range 25 East. Engineering South, Inc., approval for 14, Township 50 7. BOARD OF ZONING APPEALS G// v A. ADVERTISED PUBLIC HEARINGS (1) Petition V-89-12, Frank Fitapelli requesting a 13 foot variance from the required side yard setback of 30 feet to 17 feet for an existing detached garage for property located at 6528 Trail Blvd. and is further described as Lot 35, Block "C", Pine Ridge Subdivision (Section 10, Township 49 South, Range 25 East) . END ADVERTISED PUBLIC HEARINGS B. PROVISIONAL USE (1) Petition PU-89-9, Salvatore C. Scuderi of Scuderi of Scuderi and Childs representing Romano and Laura Ciocca requesting Provisional Use "a" of the RSF-2 Zoning District for non-commercial multiple docking facility on property located on the west side of South Barfield Drive approximately 200 feet north of the southerly terminus of South Barfield Drive (Marco Island). (Companion to Petition R-89-10). 3.5 acres. 8. PUBLIC PETITIONS v Francisco Gonzalez - Appeal of Case W-87-1076/Invoice #5736 - Nuisance Abatement. 3 Reso. subj. \-. Reso. ~ubj. /" ,/' Reso. 89-285 approved 5/0 to ccpe stipulations I ! 1 , , I. 89-286 anproved 5/0 to ccpe stipulations 89-287 auproved 5/0 Reso. 89-281 approved 5/0 subject to stipulation ,/ Continued for one week, Petitioner ~o bring state- ment from neighbor ( C r i (; I S1 CONTINUED TO 10/17/89 B. John Hooley Development Golden Gate \// representing Eastgate Office Center - Site Plan Petition 89-39; Undivided Block 75 of unit 2. Continued One ~.Jeek 9. COUNTY MANAGER'S REPORT / ,,/ MOVED FROM tlB) (4) tl A. COMMUNITY DEVELOPMENT (1) Recommendation that the Collier County Board of County Commissioners uphold the interpretation Uphe ld 3/2 that industri';ll uses in Township . 48 South~ Range (Ccmrrnissioners SHanahan 26 East, Sect~on 25 are not cons~stent w~th the Growth Management Plan (GMP-I-1). (Continued from and Saunders opposed ) September 26, 1989 meeting). B. TRANSPORTATION (1) Recommendation for approval of an agreement Approved 5/0 "7ith stipu- with the developers of Lely Square for relocation lations of driveway access for acceptance of access easement and for fair share payment of access improvements. \/ (2) Recommendation to approve a master interlocal Approved 5/0 road agreement with lee County for planning and coordination of major road improvements. C. PUBLIC SERVICES D. UTILITIES (1) Recommendations regarding water supply sources and wellfield/water treatment plant. term second Approved 5/0, Staff to consult with Deltona/ Topeka to consider ~anatee Road site. Engineering Consultant negotiations to be brought back to BCC - near/long proposed 4 i [, I i L)S7 ~. ,J / V Vi \/ ADMINISTRATIVE SERVICES (1) Recommendation to allocate funds for the production and mailing of the County's Quarterly Report during the Fiscal Year 1989-90. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES (1) Recommendation to direct staff to draft agreement with the Vineyards Development Corporation for the construction of a water level control structure on 1-75 canal at Pine Ridge Road. H. COUNTY MANAGER (1) Recommendation to convey agency manager status to the Collier County Administrative Judge for Courts and related agencies. (2) Recommendation that the Board approve an Emergency Growth Management Plan Amendment Process as provided for in Chapter 163.3187(1) (a) F.S. in order to amend the Plan in accordance with the executed stipulated settlement agreement with the Department of Community Affairs. // (3) Presentation of 1989/1990 strategic goals and ~. obj ecti ves. JDD: '~~ONTINUED TO(4) Appointment of the sales tax committee. 10/17/89 (Continued from 9/26/89 meeting). 10. COUNTY ATTORNEY'S REPORT 5 Approved 5/r) County Manager Dorrill and Clerk James Giles to meet and renort back to BCC. Approved 5/0 with advice from County Attorney Approved 5/0 Approved 5/0 w/change on Golden Gate Master Plan Continued iC(i01&1 A. ~J Recommendation that the Board approve continuing retention agreements to authorize legal services when required on an "as needed" basis (agreements to meet County purchasing requirements). 11. CLERK TO THE BOARD'S REPORT l ., A. Budget Amendments (1) Regarding matters not previously discussed: 5. ,(2) Regarding matters previously discussed: 5. // 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. Discussion concerning revisions of the provisional use requirements. 13. OTHER CONSTITUTIONAL OFFICERS 6 Approved 5/0 Approved 5/0 Approved 5/0 Staff to report back in 2 weeks to BCC County Attorney Cuyler to report on necessary procedure to follow 11-:1 \ 1.; i 51 A. Recommendation that the Board of County Commissioners !accept grant monies from the Department of community / Affairs for the Anti-Drug Abuse Enforcement/Apprehension \./ Program. 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. Communitv Development (1) Recommendation to approve for recording, the final plat of Audubon Country Club, Track B. Approved 3/0 (Conrn. Saunders & r.oodnigh1 absent) ~, , \ , t. w/stips ~ '/ "'-.~ (2) Recommendation to grant an extension to deadline W / S tip s set for Excavation Permit No. 59.251, Sunniland Mine. B. Transportation / L/// (1) Reco~mendation to reject Bid No. 89-1443 for tree removal ~n lee Cypress area near Copeland. // (2) Recommendation that the Board of County Commissioners approve a resolution authorizing staff to acquire, by gift or purchase, twenty-five feet of additional road right-of-way needed for the four-laning of County Road 951 (C.R. 951) between U.S. 41 and Rattlesnake Hammock Road (C.R. 864). \. (3) Recommendation to execute a purchase agreement for the acquisition of a portion of the right-of-way needed for the widening of County Road 951 between U.S. 41 and Rattlesnake Hammock Road (C.R. 864) .-- MOVED TO 9 (B) (2) (4) Recommendation to approve a master interlocal road agreement with lee County for planning and coordination of major road improvements. 7 Resolution 89-288 MOVED TO 9B2 IL)it)'f C. Public Services ..,/ (1) Recommendation for approval 1989-90 funding contribution contract. of contract for the to Tri-County Service (2) Recommendation for approval 1989-90 funding contribution to House, Inc. of contract for the Immokalee Friendship ( (3) Approval of a General Fund (001 Fund) budget amendment. (4) Recommendation for approval of contract for the 1989-90 funding contribution to the David Lawrence I /' Mental Health Center, Inc. (5) Recommendation that Board approve receipt of grant , / under Alzheimer's Initiative. \./' (6) Recommendation that the Board approve receipt of additional community care for the elderly funds and ( authorize necessary local match. D. utilities ~{1) st. Andrews Square - ;~../ acceptance. Water and sewer facilities , .(-2) Sonoma Lake at the L------'facilities acceptance. Vineyards - Water and sewer E. \/// Administrative Services (1) Recommendation to allocate $450.00 to purchase red ribbons for "Red Ribbon Week" October 22nd to October 29, 1989. l/. (2) Recommendation to adopt a the Chairman of the Board of resolution authorizing County commissioners to 8 in th~ amount of $32,326~01 in the amount of $15,000. w/stips w/stius r L lill 57 . I execute the declaration of trust of the International city Management Association (ICMA) retirement program which was adopted by Collier County Ordinance 89-48. (3) Recommendation to approve and execute a lease agreement between Hitching Post, a Florida general / partnership, and the Board of County Commissioners of ~I Collier County, Florida, which provides for the Library'S continued use of the East Naples Branch Library Facility. \./ (4) Recommendation to approve and execute an amendment to lease agreement between the Marsten Leasing Corporation and the Board of County Commissioners, Collier County, Florida which provides for a month-to-month tenancy. '/ L/ (5) Recommendation to approve and execute an amendment to lease agreement between the Board of County Commissioners of Collier County, Florida an Ralph Crapse, which amends that lease agreement for the use of a portion of the Immokalee Airport for storing private aircraft. (6) Recommendation to approve and execute /agreement between Dewey R. Gargiulo, trustee . Board of County Commissioners of Collier l Florida, approving the use of property for the of additional public and construction parking. a lease and the County, purpose F. Emeraency Services G. Environmental Services H. Countv Manaaer I . \/ (1) Recommendation for approval of professional engineering services and agreement for water and sewer improvements at Collier -County Government center as advertised in RFP #89-1445. I. Miscellaneous Correspondence ~/ (1) Extra Gain Time: Gain time for Inmate RECOMMEND APPROVAL. NEED MOTION authorizing Extra No.59398, 20832, 37133, 28285. 9 Reso. 89-289 \. , / V L in th~ am~unt of $3.6,000. ; II ~ {tf".. I. (),,_. " (1.(;) 11 ~-' I.' . J , .,' t~. ,...^ J t ... .f " Ie) \ e)S1 (2) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign satisfaction of Lien for Services of the Public Defender for Case Nos. 88-1925-MM, ($132.50), 88-1115- and 1207 and 1264-CF, 88-2864-MM ($62.50), 89-383-MM, 89-483-TM, 87-3550-TM ($25.00), 89-555-MM, 88-2918-MM ($25.00), 85-484-CF ($87.50), 88-1085-MM ($25.00), 88-4202-TM ($62.50), 88-2918-MM ($25.00), 86-784-CJ ($12.50), 86-800-CJ ($12.50), 86-1082-CJ ($100.00), 89-867-CF-A-TB ($25.00) 82-2023-MM ($37.50), 84-330-TM ($25.00), 84-274-CF ($130.00), 84-476-CF-A-31 ($187.50) , 88-733-MM-A-42 ($25.00) , 81-846-CF-A-31 ($187.50), 87-1017-CF ($100.00), 87-2045-MM ($12.50). RECOMMEND APPROVAL. 15. ADJOURN BP-D-10/l0/89 10 I L'\ 1(.1,'1