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Recap 05/11/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 11, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADD RE S S ED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS}, REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR 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 CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Paul Jarrett, Naples Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or adopted with changes - 5/0 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. May l 1, 1999 C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. April 13, 1999 - Regular Meeting B. April 13, 1999 - Workshop C. April 20, 1999 - Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of May 22-28, 1999 as National Safe Boating Week. To be accepted by Lt/C. Arch D. Ward, Executive Officer, Naples Power Squadron Adopted - 5/0 2) Proclamation proclaiming the week of May 16-22, 1999 as Emergency Medical Services Week. To be accepted by Ms. Diane Flagg, Chief, Emergency Medical Services Adopted and Phoenix Awards Presented - 5/0 3) Proclamation proclaiming the week of May 16-22, 1999 as Law Enforcement Appreciation Week. To be accepted by Sheriff Don Hunter, Collier County Sheriff's Office Adopted - 5/0 4)Proclamation recognizing Elwood Witt, Sr. Adopted - 5/0 5) Proclamation proclaiming the week of May 9-15, 1999 as Rotary International Group Study Exchange Week. To be accepted by Mr. George Drobinski, District 6960 Group Study Exchange Chairman, Rotary International Adopted - 5/0 B. SERVICE AWARDS Presented 1) David Gigee, Road & Bridge 20 Years 2) Steven Dornbusch, Wastewater Dept. - 10 Years (Not Present) 3) Donnal Holm, Revenue Services Dept. - 10 Years 4) Arthur Drury, Jr., Road & Bridge - 5 Years 5) Gordon Hazen, Parks & Recreation Dept. - 5 Years 6) Thomas Walsh, Water Dept. - 5 Years (Not Present) 7) Susan Kolanda, Pollution Control - 5 Years (Not Present) 8) Mark Linsay, Road and Bridge - 5 Years 2 May 11, 1999 C. PRESENTATIONS 1) Recommendation to recognize Julio Torres, Customer Service Representative II, Public Works Engineering Department, as Employee of the Month for May 1999. Recognized 2) Presentation of the Family Friendly Workplace Designation Award from the Naples Alliance for Children to be Presented by Myra Shapiro, Naples Alliance for Children President. Presented 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 7. PUBLIC PETITION A. Ms. Terri Ellison representing Waldon Oaks Homeowners Association regarding a speeding problem. Staff to prepare agreement and present same as a regular agenda item (Consensus) B. Mr. Richard Vetter regarding Westview Plaza PUD landlocking of lots. Staff to investigate and come back (Consensus) 8. COUNTY ADMINISTRATOR'S REPORT A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Progress report from the Comprehensive Plan Standards Ad Hoc Committee Committee Report Accepted 3/2 (Commissioners Mac'Kie and Carter opposed}. Urban Density Reduction - Approved 3/1' (Commissioners Mack,Kie opposed and Commissioner Constantine out). Special meeting to be held May 18, 1999 re rural policy (Consensus) 2) Report to the Board on the Transportation Element of the Collier County Growth Management Plan. Continued - 5/0 3) Request by Attorney John E. Spiller to waive LDC requirements for a Site Improvement Plan (SIP) for existing improvements on various properties located in Immokalee, Florida, and to amend the LDC to provide for an administrative exemption from Site Development Plan or Site Improvement Plan submittal. 3 May 11, 1999 Staff Recommendation upheld - 3/2 (Commissioners Mac,Kie and Berry opposed) B. PUBLIC WORKS 1) Approve an inter-fund transfer to the Immokalee MSTU to complete the Immokalee Main Street Beautification Project and designate CR 846 and SR 29 as gateways into Collier County. (Companion item to 8{B)(2), Bid No. 99- 2921) Approved - 4/0 (Commissioner Carter out) 2) Award Bid No. 99-2921 for the Immokalee MSTU (Phase II- B) Median Landscape Improvements along S.R. 29 to Hannula Landscaping, Inc. (As a companion item to Funding Report under Section 8(B)(1) of the agenda). Approved - 4/0 (Commissioner Carter out) 3) Approve an Agreement for sale and purchase for property required to provide for a Stormwater Management Pond in the Gateway Triangle area. Approved - 4/0 (Commissioner Carter out) 4) This item has been deleted. 5) Adopt a Resolution authorizing the Acquisition by Gift, Purchase or Condemnation of road right-of-way, sidewalk, slope, utility, drainage, maintenance and temporary driveway restoration interests by easement and/or fee simple title interests for Pine Ridge Road between Airport-Pulling Road (C.R. 31) and Logan Boulevard CIE No. 41. Res. 99-228 Adopted - 4/0 (Commissioner Carter out) 6) Approve a Resolution to create the Golden Gate Parkway Water and Wastewater MSBU District. Res. 99-229 Adopted - 4/0 (Commissioner Carter out) C. PUBLIC SERVICES 1) CONTINUED FROM 4/27/99 MEETING: Review of documents necessary to create a Collier County Community Health Care Committee. Res. 99-230 Adopted w/changes 5/0 2) Authorization to negotiate the sales price of property adjacent to the Golden Gate Community Center (GGCC) and appoint a Commissioner to act as a liaison to assist with the negotiation of the price. 4 May 11, 1999 Staff recommendation Approved; Commissioner Constantine to handle negotiations - 5/0 3) Approve an agreement for sale and purchase for the purpose of acquiring Tract "D" of Roberrs Ridge, "Roberts Ranch", Immokalee. Approved w/stipulations - 5/0 D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR Moved from Item #16E1 1) Approval of membership in the National Association of Counties. Approval to reinstate membership - 3/2 (Commissioners Norris and Constantine opposed) F. EMERGENCY SERVICES G. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board authorize the office of the County Attorney to work jointly with the Clerk of the Circuit Court to take all appropriate action to recover any monies owed to the County by Southwest Florida Drama, Inc. or other entities or persons as a result of the grant of Tourist Tax funds for the Epic Drama proposal. Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS Continued A. CONTINUED FROM 4/27/99 MEETING: Appointment of members to the Health Facilities Authority. B. Replacement of Ad Hoc Committee member. Res. 99-231 appointing John Wiseman Adopted - 5/0 C. Recommendation to declare a vacancy on the Public Vehicle Advisory Committee. Res. 99-232 - Adopted 5/0 D. Item regarding employment o£ County Administrator. Res. 99-233 to terminate County Administrator- Adopted 3/2 (Commissioners Carter and Berry opposed; and to come back on 5/25/99 5 ~4ay ] ]2 1999 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners sign the Certification of Acceptance for the State of Florida STOP Violence Against Women Grants Program Subgrant Award #99-DV-Cl-Og-21-Ol-OOg/Domestic Violence Unit Project in the amount of $91,125. Approved - 5/0 B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 1. Mr. Rodriguez re di£ferent organizations in Collier County 2. David Shealy re promoting South Florida 3. Frank Laney re English only in Collier County 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition R-99-04, Richard D. Yovanovich of Goodlette Coleman & Johnson, P.A., representing Naples Dinner Theater Associates, LTD. requesting a rezone from C-1 to C-3 for property located on the north side of Piper Boulevard immediately west of Cypress Way, further described as Block B, Palm River Estates Unit 4, in Section 23, Township 48 South, Range 25 East, Collier County, Florida, consisting of .77+/-acres. Ord. 99-32 -Adopted with changes- 4/1 (Commissioner Carter Opposed} 2) CONTINUED FROM THE APRIL 27, 1999 MEETING. PUD-93- 01(4), George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh PUD for the purposes of adding specific regulations for boundary and project signage; making provisions for fifty (50) special residential dwelling that may function as rental units in conjunction with the hotel or golf course; and revising the authorized amount of commercial development in the activity center district for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in sections May 1 I, 1999 25,27,34,35, and 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88 + acres. (COMPANION TO DOA-99-01) Ordinance 99-33 - Adopted with stipulations 5/0 Moved from Item #17A: 3) Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing M.J. Zuidema, Trustee for Land Trust #500967, requesting a rezone from "A" rural agricultural to "C-4" for property located on the east side of U.S. 41 North, north of the intersection of U.S. 41 and Old U.S. 41, in Section 9, Township 48 South, Range 25 East, consisting of 7.9 +/- acres. Ordinance 99-34 - Adopted with stipulations 5/0 C. OTHER 1) CONTINUED FROM THE APRIL 27, 1999 MEETING. DOA-99-01 George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A. representing WCI Communities L.P. for an amendment to the Pelican Marsh Development of Regional Impact (DRI) Development Order No. 95-01, as amended, for the purpose of increasing the authorized amount of retail floor space by 57,500 square feet of GFA, an increase of fifty (50) hotel rooms, and a reduction in medical office space of 25,000 square feet of GFA, for property bordered on the west by Tamiami Trail North (U.S. 41), on the east by the future Livingston Road, and on the south by Vanderbilt Beach Road in Sections 25,27,34,35,& 36, Township 48 South, Range 25 East, Collier County, Florida, consisting of 2072.88+ acres. (COMPANION TO PUD-93-01-(4)) Development Order 99-2/Resolution 99-234 - Adopted with stipulations 5/0 2) Adopt an Ordinance Amending Ordinance No. 97-37, the Reclaimed Water System Ordinance; by adding Subsection B to Section Twenty-three, Customer's On-site Reuse System; to establish policy regarding rates that the County's Reclaimed Water customers may utilize to pass- through direct costs to individual end users; providing for inclusion into the Code of Laws and Ordinances; providing for Inclusion into the Code of Laws and Ordinances; providing for Conflict and Severability; providing an Effective Date. Ordinance 99-35 - Adopted 4/0 (Commissioner Carter out) 3) Petition VAC-009 to renounce and disclaim all rights and interests of the County and public access (ingress/egress) and travel upon the following roadways 7 Mayll, 1999 located within Foxfire Subdivision and Planned Unit Development: those roadways depicted and described in the Plat of Foxfire Unit One , Plat Book 13, Pages 84 through 86 and Foxfire Unit Three, Plat Book 13, Pages 101 through 103, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County Transportation vehicles, personnel, and permitting, and Collier County water- sewer district vehicles and personnel; providing an effective date. (COMPANION TO 12 C 4) Resolution 99-235 - Adopted 5/0 Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District by removing Foxfire Unites 1 & 3 from the Collier County Lighting District. (Companion Item to 12(C)(3) Petition VAC-99-009, Vacation of Platted Rights-of-Way in Foxfire Units One, Two and Three). Ordinance 99-36 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-99-4 Collier County Community Development and Environmental Services Division representing the Board of County Commissioners requesting the approval of a Conditional Use for boat docks as a permitted principal use in the "RSF-4" residential single family zoning district for a property located on the south side of 3rd Street West and is further described as Lots 1 through 11, Block H, Little Hickory Shores Unit #3, Replat, Collier County, Florida. Resolution 99-236 - Adopted 5/0 2) Petition NUC-99-01 Thomas E. Conrecode of the V Group of Florida, Inc., representing American Funding and Service Corporation, requesting a change in use from a school to an indoor flea market for property located at 6800 Golden Gate Parkway in Collier County, Florida. Denied 5/0 B. OTHER STAFF' S COMMUNICATIONS A. Commissioner Constantine to work with County Attorney re the Lely Homeowners Association Lawsuit Mediation. 8 May 11, 1999 B. Commissioner Berry regarding Gate at 1-75 and Everglades Blvd. For emergency purposes during evacuations. 15. BOARD OF COUNTY COMMISSIONERS' COHMUNICATIONS 16. 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 ==9~ th9 Consent Aaenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COM}TUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Adopt an interlocal agreement between Collier County and the City of Naples to provide for a Floodplain Management (FE~A) Coordinator. 2) Satisfaction of Lien for Public Nuisance - Resolution 99-106 3) Award of Bid #99-2922 for artificial reef construction. To Kelly Brothers, Inc. for the construction of the Marco Island 5 mile artificial reef in the amount of $25,000.00 4) Request to approve for recording the final plat of "Ventura, Phase One" and approval of the standard form Construction and Maintenance Agreement and approval of the performance guarantee. With Construction and Maintenance Agreement, Performance Security and stipulations 5) Request to approve for recording the final plat of "Ventura, Phase Two" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With Construction and Maintenance Agreement, Performance Security and stipulations 6) Adopt resolution approving transfer of Florida Cities Water Company - Golden Gate Utility System to the Florida Governmental Utility Authority as recommended by the Collier County Water and Wastewater Authority. Res. 99-225 7) This item has been deleted. 9 May 11, 1999 8) Budget amendment for the Shellabarger Park Infrastructure Improvement Project. 9) Request to approve for recording the final plat of "L'Ermitage II at Grey Oaks" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With Construction and Maintenance Agreement, Performance Security and stipulations B. PUBLIC WORKS 1) Approve Change Order related to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97- 2690R, Project 70859/70828. In the amount of $353,437.15 2) Recommendation that the Board terminate the Contract with J & J Baker Enterprises, Bid No. 98-2878 for Emergency and Scheduled Sewage Hauling. Staff to rebid 3) Acceptance of various Drainage Easements to provide for Flood Relief and Drainage Outlets for those Properties North of US-41. One drainage and maintenance easement from Rookery Bay Services, Ltd and two Temporary construction access and drainage easements from DY Associates Joint Venture Adopt a Resolution approving a Memorandum of Agreement among the Counties, Municipalities and other Coastal Governments of Collier, Lee, Charlotte, Sarasota and Manatee Counties regarding Coastal Beach and Inlet Management. Res. 99-226 C. PUBLIC SERVICES 1} Authorization to approve an extension of an agreement with the Southeastern Library Network (SOLINET) and permission for Chairman to sign agreement. D. SUPPORT SERVICES 1) Approval of a Lease Agreement between Collier County and Florida Rock and Sand Company, Inc. For use of County-owned land 2) This item has been deleted. 10 May 11, 1999 3) This Item Has Been Deleted. 4) Approval of 800 MHz Radio System Modifications and the Purchase Contract to Achieve Year 2000 Readiness. 5) Report to the Board of County Commissioners Concerning the Sale of items Associated with the County Surplus Auction of March 27, 1999 and donation of Asset #930159, a 1992 14' starcraft boat to the K-9 Search & Rescue of South Florida, Inc. 6) Authorize Staff to Reject Proposals Received from RFP #98-2785, Department of Revenue Integrated Software System. Staff to re-solicit at a later date E. COUNTY ADMINISTRATOR Moved to Item #8E1 1) Approval of membership in the National Association of Counties. F. EMERGENCY SERVICES 1) Approve the Purchase of Two 1999 Yamaha Boat Engines In the amount of $22,150.00 G. BOARD OF COUNTY COMMISSIONERS H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 88-0650- MMA 2) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners update a document for Third Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. J. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the easement acquisition on Parcel No. 43 in the lawsuit entitled Collier County v. Community Development Corporation of Southwest Florida-Hickory Bay West, et ]1 ~4ay ] 1~ ]999 al., Case No. 94-2934-CA (Bonita Beach Road Four- laning Project No. 60021). 2) Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for International College. Res. 99-227 K. AIRPORT AUTHORITY 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF~ 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING~ 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 1) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Moved to Item #12B3: A. Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing M.J. Zuidema, Trustee for Land Trust #500967, requesting a fezone from "A" rural agricultural to "C-4" for property located on the east side of U.S. 41 North, north of the intersection of U.S. 41 and Old U.S. 41, in Section 9, Township 48 South, Range 25 East, consisting of 7.9 +/- acres. B. Petition PUD-99-2, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc. representing Kenney Schryver, as Trustee for Land Trust 98-101, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Venetian Plaza for professional offices and light commercial uses located on Vanderbilt Beach Road (C.R. 862) ~ mile west of Airport-Pulling Road (C.R. 31) in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of 6.02 +/- acres. Ord. 99-30 C. CONTINUED FROM THE APRIL 27, 1999 MEETING. Petition PUD-98- 21, David H. Farmer, of Coastal Engineering, Inc. representing The Club Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit Development in order to merge the Club Estates PUD (Ordinance 97-69) and The Casa Del Sol PUD (Ordinance 89-70) to create a new PUD known as The Club Estates PUD for property located on the west side of CoR. 951 approximately one mile north of Rattlesnake ]2 May 11, 1999 Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida, consisting of 254.7 + acres Ord. 99-31 D. WITHDRAWN (STAFF REQUEST) An ordinance of Collier County, Florida, to revise and codify the County's policy regarding exemption from beach facilities parking fees; findings and purpose; applicable beach facility locations; beach facility parking fee rates. Vehicle exemption from beach facility parking fees for permanent Collier County residents; proof of Collier County residency; Collier County parking citations; restricted parking areas; prohibited parking at metered parking spaces; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 13 May 11, 1999