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Recap 03/24/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 24, 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 12z00 NOON TO lz00 P.M. 1. INVOCATION - Pastor Michael Valentine, Gulf Shore Community Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes 5/0 with the exception of Item #16B5 which is 4/0 (Commissioner Mac'Kie abstained) 4. APPROVAL OF MINUTES Approved as Presented 5/0 A. March 3, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming week of March 23 - 29, 1998 as Immokalee Friendship House Week. To be accepted by Ed Laudise, Page March 24, 1998 Executive Director and Gunnar Pederson, President of the Board of Directors. Adopted 5/0 B. SERVICE AWARDS Presented 1) Richard Hellriegel - OCPM - 5 years. C. PRESENTATIONS 1) A resolution supporting prescribed burning pursuant to the "Florida Prescribed Burning Act," Section 590.026, Florida Statutes. Res. 98-78 - Adopted 5/0 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. B. Present to the Board the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 1997. Presented C. Present the Certificate of Achievement for Excellence in Financial Reporting for the Fiscal Year ended September 30, 1996. Presented 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Moved from Item #16A3 1) Approval of a resolution that authorizes the County Administrator to apply for a $750,000 Economic Development Grant that is offered through the Florida Department of Community Affairs. Resolution 98-79 - Adopted 5/0 B. PUBLIC WORKS 1) Approve a Solid Waste Disposal Plan to provide cost effective waste disposal service that will meet Collier County's current and long range needs. Alternative #2 as outlined in the Executive Summary - Approved w/changes 3/2 (Commissioners Mac'Kie and Berry opposed) C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Approval to present comparative cost information to the Page 2 March 24, 1998 residents of the Isles of Capri Fire and Rescue District and the Ochopee Fire Control District. Presentation approvedl Commissioners to be advised of future meetings in order to attend- 5/0 E. COUNTY ADMINISTRATOR 1) Presentation of the County Administrator's Agency organization. County Administrator to move forward and come back to Board with further information - 5/0 F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Historical/Archaeological Preservation Board. Res. 98-80 appointing Joanne Marro Quinn - Adopted 5/0 B. Appointment of member to the Immokalee Enterprise Zone Development Agency. Res. 98-81 appointing W. Herman Spooner - Adopted 5/0 C. Appointment of members to the Housing Finance Authority. Res. 98-82 appointing Thomas Palmet and reappointing John Conroy - Adopted 4/1 (Commissioner Constantine opposed) Added D. Additional Appointments to the ADG (Commissioner Berry) Res. 98-83 appointing Mike Taylor and Bob Roth - Adopted 5/0 Added E. Discussion regarding Sheriff's vehicles parking in Public Spaces (Commissioner Hancock) Staff to determine if Park Rangers can issue citations on the County Complex property. 11. OTHER ITEMS A. CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPIC PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-87-14(2), Alan D. Reynolds, AICP, of Wilson, Page 3 March 24, 1998 Miller, Barton & Peek, Inc., requesting an amendment to Ordinance 92-23, as amended, for the purpose of increasing the authorized gross floor area from 65,000 square feet to 72,000 square feet in the Wilson Professional Center PUD located on the southwest corner of Airport-Pulling Road and Bailey Lane in Sec. 23, T49S, R25E. Ordinance 98-21 - Adopted 5/0 2) Petition PUD-89-41(1), Bruce Tyson, AICP, representing Shoppes at Santa Barbara, Inc., requesting an amendment to The Shoppes at Santa Barbara PUD to remove fraternal and social clubs, self-service laundries, nightclubs, and private clubs as permitted uses and to amend car washes to be permitted as enclosed only; to prohibit repair services as part of the permitted use of service stations for property located at the northeast corner of Davis Boulevard and Santa Barbara Boulevard, located in Sec. 4, TSOS, R26E. Ordinance 98-22 - Adopted 5/0 3) Petition R-97-12, Shane and Cindy McIntosh requesting a rezone from "RSF-4" to "C-i" for property on the west 30 feet of Lots 16 and 21, all of Lots 17 and 20, and the east 20 feet of Lots 18 and 19, Gordon River Homes in Sec. 34, T49S, R25E. Ordinance 98-23 - Adopted 5/0 4) CONTINUED TO THE MEETING OF APRIL 14, 1998 - Petition R-98-1, Community Development and Environmental Services Division representing the Collier County Board of County Commissioners requesting a fezone from "PUD" Planned Unit Development to "A" Rural Agricultural for the Neapolitan Park PUD located in the northeast corner of the intersection of Davis Boulevard and Santa Barbara Boulevard in Sec. 4, TSOS, R26E. Continued to April 14, 1998 5) CONTINUED FROM THE MEETING OF MARCH 10f 1998 - Petition PUD-87- 31(3}, Timothy W. Ferguson and Dominic Gadaleta representing SJG Land Trust requesting a rezone from "PUD" to "PUD" for the planned unit development known as Gadaleta amending the Gadaleta PUD in response to requirements of Section 2.7.3.4 of the LDC, Resolution 97-134, for property located on the west side of Old Tamiami Trail North/Old U.S. 41 North (C.R. 867) and immediately contiguous the Lee County boundary line in Sec. 10, T48S, R26E. Tabled for two weeks - 5/0 6) CONTINUED FROM THE MEETING OF MARCH 17f 1998 - Petition PUD-97- 18, Karen Bishop of Project Management Services, Inc., representing Signature Communities, Inc., requesting a rezone from RMF-6, RMF-12(6) and RMF-12ST(6) to PUD to be known as The Dunes Planned Unit Development for a maximum of 531 multi- family dwelling units, located on the northwest corner of 111th Avenue North and Vanderbilt Drive, further described as Lots 1- 10, Block 1, all of Block 2, and lots 1-16, Block 3, Wiggins Pass Landings Unit 1, and Lots 1-4, Block 1, Wiggins Pass Page 4 March 24, 1998 Landings Unit ~1 Addn., in Sec. 30, T48S, R25E. Ord. 98-24 Adopted w/additional stipulations - 5/0 C. OTHER 1) Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District by removing Foxfire Units 1 & 3 from the Collier County Lighting District. (Companion Item to Petition AV 97-028, Vacation of Platted Rights-of-Way in Foxfire Units One, Two and Three.) Denied 3/0 (Commissioners Norris and Constantine out) 2) Petition AV 97-028 to renounce and disclaim all rights and interests of the County and Public to access (ingress/egress) and travel upon the following roadways 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 item to County-wide Street Lighting District Ordinance Amendment.) Denied 2/3 (Commissioners Mac'Kie, Norris, and Berry opposed) 3) Petition AV 98-003 to vacate a portion of a 7.5' wide Utility Easement along the Easterly 7.5' of Lot 11, Block 69, according to the Plat of "Naples Park Unit 5", as Recorded in Plat Book 3, Page 14, Public Records of Collier County, Florida. Res. 98-85 - Adopted 5/0 4) Petition CCSL-97-5, Brett D. Moore, P.E., of Humiston & Moore Engineers, representing Richard G. and Neona L. Cole requesting a Coastal Construction Setback Line Variance to allow for the reconstruction of an existing residence located at Lot 32, Block A, replat of Unit 1, Conner's Vanderbilt Beach Estates in Sec. 29, T48S, R25E. Res. 98-87 - Adopted 4/0 (Commissioner Berry out) 5) Petition SNR-98-1, Lely Barefoot Beach Property Owners Association requesting a street name change from Lely Beach Boulevard to Barefoot Beach Boulevard located in Lely Barefoot Beach Subdivision further described as Secs. 5, 6, 7, 8 and 13, T48S, R25E. Res. 98-88 - Adopted 4/0 (Commissioner Berry out) 6) Petition AV 96-001 to vacate the Plats of Wiggins Pass Landing Unit No. 1 as Recorded in Plat Book 10, Page 44, and Wiggins Pass Landings Unit No. 1 Addition as Recorded in Plat Book 10, Page 81, all of the Public Records of Collier County, Florida. Res. 98-84 Adopted - 5/0 Page 5 March 24, 1998 7) Adopt the Proposed Collier County Water Irrigation Ordinance. Failed - 2/2 (Commissioner Norris and Constantine opposed and Commissioner Berry out) Continued for two weeks and Staff to bring back educational proposal - Failed 2/2 (Commissioner Norris and Constantine opposed) Staff to work on educational proposal to be included in mailers 4/0 (Commissioner Berry out) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-97-18, Robert L. Duane of Hole, Montes & Associates, representing Kraft Construction Company requesting a 3.5 foot variance from the Industrial Zoning District side yard setback requirement of 13.5 feet on both the east and west side yards for property located on the south side of South Horseshoe Court in Sec. 35, T49S, R25E. Res. 98-89 - Adopted 4/0 (Commissioner Berry opposed) 2) Petition CU-92-16A, Community Development and Environmental Services Division representing the Collier County Environmental Advisory Board requesting an amendment to Resolution 93-129 by removing Condition "C" which requires a bird survey as a condition of the operation of Everglades Private Airboat Tours on 1,016 acres in Secs. 26 and 27, T52S, R29E. Res. 98-86 - Adopted 5/0 B. OTHER 14 . STAFF' S COMMUNICATIONS 1. Allegations of the Isle of Capri Board Members (Leo Ochs) Advisory Board to discuss by-laws at their meeting 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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 1) Authorize staff to submit a grant proposal to the U.S. Fish and Wildlife Service for funding sea turtle public awareness activities. 2) Authorize staff to submit a grant proposal to the U.S. Fish and Wildlife Service for funding exotics removal in the Lely Page 6 March 24, 1998 Barefoot Conservation Easement. Moved to Item #8A1 3) Approval of a resolution that authorizes the County Administrator to apply for a $750,000 Economic Development Grant that is offered through the Florida Department of Community Affairs. Withdrawn 4) Final acceptance of the roadway, drainage, water and sewer improvements for the final plat of Sapphire Lakes Unit 1. 5) Approval for recording the final plat of "Kensington Park Phase Three-C". Subject to cash bond, Construction and Maintenance Agreement and stipulations as detailed in the Executive Summary 6) Approval for recording the final plat of Avila Unit One. Subject to Letter of Credit, Construction and Maintenance Agreement and stipulations as detailed in the Executive Sumunary 7) CONTINUED FROM THE MEETING OF MARCH 17~ 1998 - Approval for recording the final plat of "Glen Eden, Phase One" Subject to Construction, Maintenance and Escrow Agreement and stipulations as detailed in the Executive Sugary B. PUBLIC WORKS 1) To accept the highest and best bid for the purchase of a portion of the Marco Island Transfer Station. Bid in the amount of $130,000.00 accepted from David P. Hopstetter, Trustee~ Staff to prepare the Real Estate Sales Agreement and other appropriate documents for the closing of the transaction 2) Recognize, approve and appropriate a portion of the Marco Island Beautification M.S.T.U. Fund 131 Carry Forward and Reserves for Landscape Maintenance Expenses. As detailed in the Executive Summary 3) Approval of Bid 98-2781 for the purchase and delivery of one Tractor with Slope Mower for the North County Regional Wastewater Treatment Facility. Awarded to Creel Ford Tractor Co. in the amount of $72,950.00 4) Approve a Change Order to Work Order No. WMBP FT-96-7 with Wilson, Miller, Barton & Peek, Inc. for Additional Survey and Mapping for the Widening of Golden Gate Boulevard Project No. 63041, CIE ~62. In the amount of $38,140.00 5) Approve a Waiver of Road and EMS Impact Fees for the Naples Art Association and the Naples Players. (Commissioner Mac'Kie abstained) Page 7 March 24, 1998 6) Award Work Order WMBP~FT-98-5 to Wilson, Miller, Barton & Peek, Inc. and Work Order BSW-FT-98-4 to Barany, Schmitt, Weaver and Partners, Inc. for Design Services related to the Golden Gate Fitness Center, Project No. 80114. Work Order to Wilson, Miller, Barton & Peek in the amount of $30,700.00~ Work Order to Barany, Schmitt, Weaver & Partners in the amount of $32,200.00 7) Approve Change Order No. 2 to Mitchell & Stark Construction Company, Inc. for the Reclaimed Water Transmission Main from Quail Creek to the North County Regional Water Treatment Plant, Phase II, Contract No. 97-2674, Project No. 74008. In the amount of $44,738.47 8) Award Bid #97-2750 for Backflow Prevention Assemblies and Associated Materials. Ferguson Underground as primary vendor and Hughes Supply as the secondary vendor 9) Approve Supplemental Agreement No. 4 with CH2M Hill for the Pine Ridge Road Improvement, Project No. 60111; CIE 41. In the amount of $191,065.00 C. PUBLIC SERVICES 1) Approve a resolution appointing officers to Collier County Agriculture Fair and Exposition, Inc., Board of Directors. Res. 98-76, appointing Terry Wolfson, President~ Hank Douglas, Vice-President~ Pat Cookson, Secretary~ John Yonkosky, Treasurer~ Jim Mansberger, Security~ Taylor Baker, Education~ Duane Wheeler, Civic, Ken Cuyler, Attorney~ and Randy Riner, Agriculture D. SUPPORT SERVICES 1) Approval to reimburse the Facilities Management Department for an emergency expenditure for the Tax Collector's uninterrupted power supply system. In the amount of $13,883.00 2) Approval of a grievance procedure fulfilling the requirements of the Americans with Disabilities Act. Res. 98-77 3) This item has been deleted. 4) Appropriate additional funds for contractual fire suppression services provided by the Division of Forestry. Budget Amendment in the amount of $4,563.00 5) Approve Ochopee Fire Control District grant request. To purchase communications equipment and the leasing of pagers in an amount not to exceed $8,000.00 Page 8 March 24, 1998 6) Recommendation to reject all proposals received under RFP 97-2767. Staff to re-solicit proposals for the acquisition of Mail Center Equipment E. COUNTY ADMINISTRATOR 1) Budget Amendment Report Budget Amendments 98-160 and 98-172 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the BCC sign the certification of acceptance and the signatory authority letter for the subgrant award of the State of Florida Stop Violence Against Women Grants Program. I. COUNTY ATTORNEY 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 9