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Recap 01/13/1998 R January 13, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 13, 1998 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 ADDRESSED. 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 CHAIRMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12=00 NOON TO lz00 P.M. 1. INVOCATION Father Tim Navin - St. Peter's Catholic Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes 5/0 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) A proclamation proclaiming the week of January 19-25, 1998 as Dr. Martin Luther King, Jr. Week. To be accepted by Lorenzo Williams, President of the Collier County Branch of the National Association for the Advancement of Colored People. Adopted 5/0 2) Proclamation proclaiming January 11-17, 1998 as Stop! Red Light Running Week. To be accepted by Edward Kant, Chairman of Collier County Community Traffic Safety Team. Page i January 13, 1998 Adopted 5/0 3) Proclamation proclaiming the week of January 12, 1998 as Collier County Safe Boating Week. To be accepted by Mr. Lee Lyon, President of Marine Industries Association of Florida and Mr. Ed Ferreira, President of Marine Industries Association of Collier County. Adopted 5/0 4) Proclamation proclaiming the week of January 11-17, 1998 as Purple Martin Week. To be accepted by Joseph Darragh, President of Conservancy Purple Martin Society. Adopted 5/0 B.SERVICE AWARDS Presented 1) Kevin Hendricks - Real Property - 10 years 2) Juan Ortega - EMS - 10 years 3) Valerie Thorsen - EMS - 10 years 4) John Noonan - Wastewater - 5 years 5) Eugene Troutman - Road & Bridge - 5 years 6) Robert Zastempowski - Parks & Recreation - 5 years C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF C}{ANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Accept staff recommendations pertaining to the Jail Committee and initiate funding actions necessary to implement the recommendations in the update of the Integrative Corrections Strategic Development Plan. Approved w/changes 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Adopt a Resolution for Special Risk for Emergency Medical Page 2 January 13, 1998 Technicians (EMT's) and Paramedics. Res. 98-13 - Adopted 5/0 E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Confirmation of appointment to the Emergency Medical Services Advisory Council. Res. 98-14 appointing Gail Dolan - Adopted 5/0 Added= B. Resolution requesting dialogue between the Immokalee Farmworkers and the growers. Motion died for lack of a second. 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. Ty Agoston - Regarding Army Corp of Engineers article in newspaper. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Petition CP-97-04, Bruce Anderson and Robert Duane representing Drs. Manuel and Regina Pena requesting to amend the Future Land Use Map by including the property located at the SE corner of Napa Way and Pine Ridge Road into Pine Ridge Road Interchange Activity Center subject to limiting the parcel to medical use only as a small scale plan amendment. (Companion to Agenda Item 12B.(1) Ordinance 98-2 Adopted 5/0 B. ZONING AMENDMENTS 1) Petition R-97-2, Bruce Anderson of Young, van Assenderp & Varnadoe representing Dr. Manual and Regina Pena requesting a rezone £rom "E" Estates to "C-l/T" Commercial Professional Transitional District for a medical clinic for property located at the southeast intersection of Napa Boulevard Extension and Pine Ridge Road (C.R. 896) consisting of the east ~ of Tract 41, Unit 33, Golden Gate Estates in Sec. 17, T49S, R26E, consisting of 2.30+ acres. (Companion to Agenda Item 12A.(1) Ordinance 98-3 - Adopted 5/0 2) Petition PUD-84-23(1) Thomas W. Olliff, Administrator of Page 3 January 13, 1998 Collier County Public Services, representing the Board of County Commissioners, requesting an amendment to the East Naples Community Park PUD for the purpose of allowing a 150' monopole communication tower on the subject property for property located south of and adjacent to Thomasson Drive, south and east of Avalon Elementary School in Sec. 24, TSOS, R25E. Ord. 98-4 - Adopted 4/0 (Commissioner Constantine out) 3) Petition R-97-7, Community Development and Environmental Services Division representing the Collier County Board of County Commissioners requesting a rezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Naples R & D Park at Lely PUD located immediately south of U.S. 41 in Secs. 29 and 30, TSOS, R26E, consisting of 64.8 acres, more or less. Res. 98-15 - Adopted - 5/0 4) Petition PUD-83~l(8), Michael R. Fernandez, AICP, of Planning Development Incorporated, representing Coast Communities Corporation requesting an amendment to the Berkshire Lake PUD for the purpose of amending the Berkshire Lakes PUD regulations having the effect of adding the use of a self-storage center on the commercial tract located on the northwest corner of Davis Boulevard and Santa Barbara Boulevard together with additional development standards to enhance the appearance and compatibility of this type of commercial structures for property located on the northwest corner of the intersection of Davis Boulevard (C.R. 84) and Santa Barbara Boulevard in Secs. 32 and 33, T49S, R26E, and Sec. 5, TSOS, R26E, consisting of 1,093.9 acres, more or less. Ord. 98-5 - Adopted 4/1 w/changes (Commissioner Constantine opposed). C. OTHER 1) Petition CCSL-97-4, Gary Franco from the Collier County Parks and Recreation Department representing the Collier County Board of County Commissioners requesting a Coastal Construction Setback Line variance to allow for equipment storage and construction of a concession stand on the beach at Vanderbilt Beach County Park. Res. 98-16 - Adopted 5/0 2) An Ordinance amending Collier County Ordinance No. 81-42, as amended, by adding a new Section 47 thereto to increase the Occupational License Tax applicable to lawn maintenance contractors, landscaping restricted contractors, and landscaping unlimited contractors; providing for conflict and severability; providing for inclusion into the Code of Laws and Ordinances; providing an effective date. Ord. 98-6 - Adopted 5/0 13. BOARD OF ZONING APPEALS Page 4 January 13, 1998 A. ADVERTISED PUBLIC HEARINGS B. OTHER 1) Petition CU-95-16, Terrance Kepple requesting an extension of Conditional Use "1" and "3" in the "E" Estates Zoning District to allow for a house of worship and child care center that has previously received conditional use approval for property located on the south side of Golden Gate Boulevard in Sec. 11, T49S, R26E. Res. 98-17 - Adopted 5/0 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A~ Memo from Finance Director Mitchell re payment of invoices for Court Administration. 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 from the Consent Agenda and considered separately. Approved and/or adopted with changes 5/0 A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Approve a Work Order Amendment under Fixed Term Professional Engineering Services Agreement 95-2422 for additional services for the design of Landscaping, Irrigation and Docks at Sugden Park. Work Order Amendment WMBP FT-96-14-A to Wilson, Miller, Barton & Peek, Inc., in the Mount of 2) Approve Collier County granting a Temporary Construction Easement to South Florida Water Management District. 3) Approve Architectural Lighting Agreement between the Florida Department of Transportation (FDOT) and Collier County. C. PUBLIC SERVICES 1) Award work order #SC31 to construct a partial regulation baseball field at Immokalee Community Park. To Surety Construction Company in the amount of $111,411.08 D. SUPPORT SERVICES 1) Approve a Resolution authorizing the Chairman of the Board to execute Limited Use License Agreements for the current Chairman's tenure only. Page 5 January 13, 1998 Res. 98-6 2) Approve the attached three Resolutions authorizing the Board Chairman to execute the appropriate documentation required to expedite the County's Land Rights Acquisition Program for the current Chairman's tenure only. Res. 98-7, 98-8 and 98-9 3) Approval of a Resolution authorizing the execution of purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties, Inc. (Agreement dated November 15, 1983), by the Chairman for the current Chairman's tenure only. Res. 98-10 4) Approval of a Resolution authorizing the Chairman of the Board to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. Res. 98-11 5) Authorization for the Chairman to execute Satisfaction of Lien Document filed against real property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 6) Approval of an Agreement between the State of Florida Department of Community Affairs and Collier County to accept State and local assistance funding for Emergency Management activities. Res. 98-12 7) This item has been deleted. 8) Approval the purchase of five medium-duty advanced life support ambulances using City of Jacksonville Bid No. SC0057-96 and authorize use of reserves in the Motor Pool Capital Recovery Fund (522 to replace on ambulance damaged in an accident. Purchased from Medic Master Corp. in the total amount of $544,875.00 9) Approve an agreement with the Office of the Attorney General, State of Florida to settle disputed Medicaid overpayments to the County for the period February 1, 1993 to February 13, 1997. E. COUNTY ADMINISTRATOR 1) Budget amendment report. Budget Amendments 98-103, 98-107 and 98-108 F. BOARD OF COUNTY COMMISSIONERS Page 6 January 13, 1998 G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 1) Recommendation that the Board approve the Stipulation for Substitution of Counsel in the lawsuit styled Stephen R. Watts v. Better Roads, Inc., Collier County, Florida and State of Florida Department of Transportation, Case No. 97-2201-CA-01-TB and to authorize the Chairman to execute the Stipulation and all necessary documents pertaining thereto. J. AIRPORT AUTHORITY 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 7