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Recap 08/04/1998 R August 4, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, August 4, 1998 NOTICEs 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 - Pastor Sauter, North Naples United Methodist Church 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. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS Presented 1) Don Jeffery, Parks and Recreation - 10 Years Page i August 4, 1998 2) Doylene Marron, Planning Services - 10 Years 3) John Conti, OCPM - 10 Years 4) Chris Carlson, Wastewater - 5 Years 5) Tammy Smith, Information Technology - 5 Years 6) Judith Kraycik, Real Property - 5 Years 7) Robert Nese, Pelican Bay Services - 5 Years 8) Terry Long, Water Department - 5 Years 9) James Wyatt, Water Department 5 Years 10) J. Quinn, Jr., Water Department - 5 Years 11) Parley Egbert, Parks and Recreation - 5 Years 12) Bryan Thurston, Facilities Management - 5 Years 13) Barry Erickson, Water Department - 5 Years 14) William Heckathron, Water Department - 5 Years 15) John Hoffman, Water Department - 5 Years C. PRESENTATIONS 1) Representative Burt L. Saunders presenting checks from the Florida Department of Environmental Protection and the Florida Community Trust to be used for Collier County park improvements. Presented 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Appeal of Code Enforcement Case No. 30910-012, 40705-024, 50727-024, 60530-033 - Record Owner: James J. and Rose Marie Broderick Staff recommendation approved - 5/0 2) Berkshire Lakes Master Association Incorporated requesting a Page 2 August 4, ~998 Denied - 5/0 3) Adoption of a resolution to nominate the Immokalee Community for a federal grant known as the Rural Empowerment Zone Designation. Resolution 98-294 - Adopted 5/0 4) Establishment of parameters for the Interchange Master Plan for Activity Center #9 at the intersection of 1-75/CR-951/Davis Boulevard. Staff recommendations approved with changes - 5/0 5) The Board of County Commissioners approve a budget amendment to the Special Events Tourism Development Agreement between Collier County and the City of Everglades City. Funds to be shifted to elements of the contract - 5/0 Moved to Item #16A21 6) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place West" B. PUBLIC WORKS 1) Approve Tourist Development Category "A" Funding Applications for Beach Maintenance and Inlet Management Projects. Staff recommendaton approved - 5/0 2) Approval of second amendment to agreement between Orange Tree Utility Company and Collier County. Emergency exists and Res. 98-295 - Adopted 5/0 3) Consideration of an interlocal agreement allowing for the investigation of the creation of a multi-county utility authority for the purpose of acquiring the utility facilities owned by Avatar Holdings, Inc. Denied - 5/0 C. PUBLIC SERVICES 1) Review a staff report regarding the administration of the County-owned parks within the City of Marco for FY 1998-99. Properties to be deeded to the City of Marco with restrictionsl additional items in staff report approvedl and Interlocal Agreement to be in place - 5/0 Moved from Item #16C2 2) Authorize staff to proceed through the request for proposals (RFP) process to select an architectural firm to provide design services for a North Collier Regional Library to be located at the corner of Orange Blossom Drive and Airport Pulling Road. Page 3 AUgust 4, 1998 Approved - 5/0 D. SUPPORT SERVICES Added 1) Approval of Agreement for Auditing Services (RFP 98-2794) (Staff's Request) Approved - 4/0 (Conunissioner Hancock out) E. COUNTY ADMINISTRATOR 1) Quarterly Revenue and Expenditure Report - Fiscal Year 1998 Presented F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Discussion and direction to staff regarding the Tourist Development Plan. Staff to address the deletion of category C line item and consolidate category Bi~ Roll catergory B into an annual proposal~ Museums to be addressed~ all gaps to be closed and brought back the first of October - 5/0 B. Board authorization for legal services retention agreement with Lawrence S. Pivacek. Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS A. Four year review of the Environmental Policy Technical Advisory Board (EPTAB) with staff recommendation to create a single environmental advisory committee by consolidating the functions of EPTAB with those of the Environmental Advisory Board (EAB). Staff to draft an ordiance and bring back to BCC for discussion prior to advertising - 5/0 Added B. Discussion regarding Budget Hearing of September 9, 1998 (Commissioner Constantine) Commissioner Constantine noted he may be absent for said hearing Added C. Discussion regarding County Administrator's Evaluation. (Commissioner Berry) Commissioners to fill out evaluation forms on County Administrator 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS Page 4 August 4, 1998 B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) THIS ITEM HAS BEEN CONTINUED UNTIL SEPTEMBER lr 1998. Recommendation to approve a resolution approving a Stipulated Settlement Agreement with the Florida Department of Community Affairs to partially resolve Case No. DOAH-98-00324GM. B. ZONING AMENDMENTS 1) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Scott W. Whipple of Agnoli, Barber & Brundage, Inc., representing Gregory A. Collins and the Medical Office Center Investment Group, requesting an amendment to the Piper Boulevard Medical Office Center PUD for the purpose of adding .19 acres of land to expand the existing parking lot by 11 parking spaces and adding related landscaping and buffers for property located east of Cypress Way East and north of Piper Boulevard, in Section 23, Township 48 South, Range 25 East, Collier County, Florida. C. OTHER 1) THIS ITEM HAS BEEN MOVED TO 17C. 2) THIS ITEM HAS BEEN MOVED TO 17D. 3) Request for the Board to adopt the accompanying resolution approving the transfer of the wastewater collection system and wastewater service area from Rookery Bay Services, Inc. to Collier County for the continued provision of wastewater service to the approved service area, as recommended by the Collier County Water and Wastewater Authority. Res 98-296 - Adopted 5/0 4) Approve the Purchase Agreement between Rookery Bay Services, Inc. and Collier County Water-Sewer District; adopt a Resolution approving the findings and facts relating to the Rookery Bay Franchise Service Area Sales Transaction; and approve a phase in approach to user rates. Res 98-297 - Adopted 5/0 5) THIS ITEM HAS BEEN MOVED TO 17E. 6) An Ordinance of Collier County, Florida, amending the definitions of "Commercial Property" and "Residential Units" in Ordinance Number 90-30, as amended, being the Collection and Disposal Municipal Services Benefits Ordinance, and hereby define as "Commercial Property" Single Family Residences, Page 5 August 4, 1998 Duplexes, and all other units that share in common a dumpster, bulk loader or substantially similar solid waste collection container; also defining guest houses and noncommercial units; providing for conflict and severability; providing for inclusion into the Code of Laws and ordinances; providing an effective date. Ordinance 98-68 - Adopted with changes 5/0 7) Review the Impact Fee Study and adopt the Consolidated and Amended Collier County Water-Sewer District Impact Fee Ordinance. Ordinance 98-69 - Adopted - 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition A-98-2, Anthony P. Pires, Jr., of Woodward, Pires & Lombardo, P.A., and N. Paul San Filippo, of Seidensticker & San Filippo, representing Walden Oaks of Naples Homeowners Association, Huntington Homeowners Association, Barrington Homeowners Association and Alan Small, requesting an appeal of a determination of insubstantial change to the Princess Park PUD Master Plan, AKA "King Richard's" adopted by Ordinance 84- 34, as amended, rendered by the Planning Services Director pursuant to the provisions set forth in Section 2.7.3.5.2. of the Collier County Land Development Code. Staff recommendation upheld - 3/1 (Commissioner Hancock opposed and Commissioner Constantine out) 2) Petition No. CU-98-13, Mireya Louviere representing Norris Wade Bethel, requesting Conditional Use "2" of the Agriculture zoning to allow for a horticultural mulching facility for property located on the southeast corner of Immokalee Road (CR- 846) and Woodcrest Drive, in Section 25, Township 49 South, Range 26 East, Collier County, Florida. Denied - 4/1 (Commissioner Mac'Kie opposed) B. OTHER 14 . STAFF' S COMMUNICATIONS 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 Page 6 August 4, 1998 1) Recommendation that the Board of County Commissioners approve a retention agreement with Robinson & Cole, LLP for professional services regarding amendments to the Comprehensive Plan. 2) Deferral of 100% of impact fees for a 240 unit affordable rental housing project known as Whistler's Cove Apartments to be built by Affordable/Whistler's Cove, LTD., and subordination of lien. Res. 98-273 3) Authorize the County Administrator to enter into an agreement with the Florida Division of Forestry to receive a grant to reproduce and distribute copies of the County's Exotic Plant Brochure. Res. 98-274 4) The Board of County Commissioners approve an extension to the Tourism Advertising and Promotion Agreement between Collier County and Marco Island Chamber of Commerce, Inc. 5) THIS ITEM HAS BEEN MOVED TO 8(A) 5. 6) The Board of County Commissioners approve a budget amendment and an extension to the Tourism Advertising and Promotion Agreement between Collier County and Visit Naples, Inc. 7) The Board of County Commissioners approval of a restated mortgage and promissory note for a sixty thousand ($60,000) loan from Collier County to the Community Housing Partnership of Collier County, Inc. 8) Lien Resolutions - Code Enforcement Case Nos. 70502-082, 70507- 043, 70521-001, 70521-006, 70612-027 Res. 98-275~ 98-276~ 98-277~ 98-278~ and 98-279 9) Lien Resolutions - Code En£orcement Case Nos. 70724-030, 70729- 071, 70805-028, 70905-005 Res. 98-280~ 98-281~ 98-282~ and 98-283 10) Lien Resolutions - Code Enforcement Case Nos. 71117-017, 71210- 016, 71210-051, 80105-066 Res. 98-284~ 98-285~ 98-286~ and 98-287 11) Recommendation to approve Excavation Permit No. 59.656 Odus Landreth Excavation located in Section 12, Township 48 South, Range 27 East; Bounded on the north by veXant lots on the south by canal R/W and on the west by 18 Street ~.E. R/W Subject to Stipulations 12) Request to approve for recording the final plat of Pelican Marsh Unit Twenty and approval of the performance security. Subject to Construction & Maintenance Agreement and Performance Bond. Page 7 AuguSt 4, 1998 13) Request to approve for recording the final plat of "Briarwood Unit Six" Subject to stipulations. 14) Request to approve for recording the final plat of "The Cove", and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. 15) Request to approve for recording the final plat of Carlton Lakes Unit No. 2 and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. 16) Request to approve the final plat of "Twin Eagles, Phase One" Subject to Construction and Maintenance Agreement. 17) Petition AV 98-014 to disclaim, renounce and vacate the public's interest in a 30' wide parcel of land conveyed to Collier County as a drainage easement, recorded in Official Record Book 1193, Page 1126 and being located in Section 1, Township 49 South, Range 25 East, Collier County, Florida. 18) Request to approve for recording the final plat of Avila Unit Two and approval of the performance security. Subject to Construction and Maintenance Agreement. 19) This item has been deleted. 20) Request to approve for recording the final plat of "The Cottages at Gulf Harbor", and approval of the performance security. Subject to Letter of Credit and Construction and Maintenance Agreement. Moved from Item #8A6 21) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Park Place West". Res. 98-288 B. PUBLIC WORKS 1) Acceptance of access road right-of-way from the State of Florida Department of Transportation. 2) Recommendation to approve Amendment No. 3 to Professional Services Agreement for Master Pump Station 1.02, Contract #89- 1506, Project No. 73924. 3) This item has been deleted. Page 8 August 4, 1998 4) Enter into an Easement Agreement for the acquisition of easements known as Parcels 147 and 847 for the Livingston Road Four Laning Improvement Project. 5) Approve Amendment No. 4 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide Professional Engineering and Surveying Services necessary in performance of annual monitoring. Requirements for the Marco Island Beach Renourishment Project. 6) Approve Change Order No. 1 to Kyle Construction, Inc. for the City/County Water Interconnect, Project No. 70040. 7) Approve an Agreement to extend Temporary Construction Easement with South Florida Water Management District. 8) Approve Amendment to Appraisal Agreement with Real Property Analysts, Inc., for valuation of right-of-way for the Radio Road Four Lane Improvement Project. 9) Approve Renewal of Annual Contract 95-2388 for Fixed Term Professional Material Testing Services. 10) Award a Construction Contract for the Golden Gate Park Fitness Center (Bid No. 98-2814). Awarded to J. L. Wallace, Inc. in the Amount of $419,400.00 11) Approve Change Order No. 1 with Better Roads, Inc. for Pathway Construction work for County-wide Pathways II (Bid No. 97-2744) (Project No. 69081). In the amount of $11,012.00 Continued to 9/1/98 12) To approve the transfer of property from Collier County to the State of Florida to satisfy the requirements of Permit #11- 00368-S. 13) Approve a Supplemental Agreement with Hole, Montes and Associates, Inc. for final design and permitting services for Livingston Road Improvements North of Immokalee Road, CIE Project No. 021. In the amount of $428,840 14) This item has been deleted. 15) Award a Construction Contract to Milmir Construction, Inc., for the North County Regional Wastewater Treatment Facility Reclaimed Water Pumping Station Upgrades, Bid #98-2812, Project 74024. In the amount of $795,000.00 16) Approval to provide assistance to Senior Craftsman Thomas Stiers concerning an issue with the Department of Business and Page 9 August 4, 1998 Professional Regulation. In the amount of $1301.90 17) Approve Change Order No. 7 to NCRWTP 8-MGD Expansion, Bid No. 97-2690R, Project No. 70859/70828. In the amount of $112,456 18) Recommendation that the Board of County Commissioners approve and accept the terms and conditions of the U.S. Army Corps of Engineers Section 404 Permit No. 199602789 (IP-CC) and the Florida Department of Environmental Protection Consolidated Joint Coastal Permit, Sovereign Submerged Lands Authorization and Variance No. 0128463-001-JC, a Comprehensive Management Plan for the restoration and ongoing management of the Clam Bay System and to authorize Pelican Bay Services to sign the permits on behalf of Collier County. Res. 98-289 Added 19) Award County Bid No. 982830 to Zep construction, Inc. for construction of the new Airport-Pullin Road Bridge structure at Junction Immokalee road (Staff's Reqeust) C. PUBLIC SERVICES 1) Approve budget amendment recognizing insurance claims. Move to Item #8C2 2) Authorize staff to proceed through the request for proposals (RFP) process to select an architectural firm to provide design services for a North Collier Regional Library to be located at the corner of Orange Blossom Drive and Airport Pulling Road. D. SUPPORT SERVICES 1) Approval of a First Amendment to Land Lease Agreement between Collier County and GTE Mobilnet of Tampa, Incorporated. 2) Authorization to enter into a contract for services with "Source Computing, Inc." for computer programming to make the existing utility billing system Year 2000 compliant. 3) Reject all proposals received by the Department of Revenue regarding solid waste and special assessment programs under RFP #98-2785; and further, to remain open for continued discussions with vendors for all the proposals received for utility billing programs under the same RFP. E. COUNTY ADMINISTRATOR 1) Abolish Taxing Districts No Longer Used. 2) Budget Amendment Report Page 10 AuguSt 4, 1998 BA 98-325~ 98-338~ and 98-354 3) Recommendation to authorize the issuance of a request for proposals for selection of underwriters and to establish a net present value savings target of 7% in anticipation of refunding the Collier County Water/Sewer District Revenue Bonds, Series 1991. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the use of confiscated trust funds to support a Crime Prevention Program and approve the related budget amendment by the Collier County Sheriff's Office. 2) Recommendation to approve the use of confiscated trust funds to purchase specialized equipment and approve the related budget amendment by the Collier County Sheriff's Office. 3) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the Subgrant Award for the Anti- Drug Abuse Grant #99-CJ-9M-09-21-01-003/Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program of $147,421. 4) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the Subgrant Award for the Anti- Drug Abuse Grant #99-CJ-gM-09-21-01-002/Street Gang Prevention and Apprehension Program of $59,224. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. SUMMARY AGENDA - ALL ITEMS APPEARING UNDER THIS SECTION 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 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A. CONTINUED FROM THE MEETING OF JULY 28t 1998. Petition No. PUD- 81-4(5), Quarles and Brady representing the Wyndemere Property Owners Association, requesting an amendment to the Wyndemere Planned Unit Development District for the purpose of authorizing a permanent office building for the Wyndemere Page 11 August 4, 1998 Property Owners Association and to amend the Master Plan to indicate the location for said offices in the Wyndemere PUD located on the east side of the planned Livingston Road right- of-way one half mile north of the Golden Gate Parkway, in Section 19, Township 49 South, Range 26 East, Collier County, Florida. Ord. 98-66 B. Petition No. PUD-88-10(2), Robert Duane of Hole, Montes & Associates, Inc. representing Gulf Coast National Bank, requesting a rezone from "PUD" Planned Unit Development and "RSF-3" Residential Single Family to "PUD" Planned Unit Development for purposes of updating the current Surrey Place PUD and expanding the area by an additional 0.46+ acres for property located on the south side of Immokalee Road lying east of Veterans Park Drive and west of the west limit of the Stonebridge PUD, in Section 26, Township 48 South, Range 25 East. Ord. 98-67 C. Petition AV 98-027 to vacate two drainage easements and a County utility easement in "Dover Parc" according to the plat thereof recorded in Plat Book 22, Page 61, Public Records of Collier County, Florida. Res. 98-290 D. Petition AV 98-007 to disclaim, renounce and vacate the Public's interest in the remaining portion of a 60' wide and 30" wide road right-of-way, utility and drainage easement located in Section 25, Township 48 South, Range 25 East, Collier County, Florida. Res. 98-291 E. Petition AV 98-015 to disclaim, renounce and vacate the public's interest in a 15' wide parcel of land conveyed to Collier County as a road easement, lying adjacent to U.S. 41, as recorded in Official Record Book 1518, Pages 980 and 981 and being located in Section 21, Township 48 South, Range 25 East, Collier County, Florida. Res. 98-292 F. Petition NUA-98~1, Rayburn C. Cramer, requesting the alteration of a non-conforming hunting cabin in the conservation zoning district, by enlarging the existing structure, adding accessory structures and fencing, on property located within the Big Cypress National Preserve, Tract Number 670-83, further described as N 3/5 of W ~ of NE ~ of SE ~ of NW 1/4, in Section 12, Township 52 South, Range 32 East, Collier County, Florida. Res. 98-293 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO Page 12 AUgUSt 4, 1998 THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 13