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Recap 11/10/1998 R November 10, 1998 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 10, 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 1=00 P.M. 1. INVOCATION - Reverend Jay Kowalski, First United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes 4/0 (Commissioner Constantine out) A. APPROVAL OF CONSENT AGENDA B. APPROVAL OF SUMMARY AGENDA Vote on Item #17B 4/0 (Commissioner Constantine voted on this item only and Commissioner Hancock abstained) C. APPROVAL OF REGULAR AGENDA 4. APPROVAL OF MINUTES Approved as presented - 4/0 (Commissioner Constantine Out) A. October 20, 1998 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS Page i November 10, 1998 1) Proclamation proclaiming November 22-29,1998 as Traditional Family Values Week. To be accepted by the Reverend Jane Wallace, President Greater Naples Ministerial Association and Reverend David Mallory, President Evangelical Ministerial Association. Adopted - 5/0 2) Proclamation proclaiming the week of November 8-14, 1998 as Youth Appreciation Week in Collier County. To be accepted by Mr. Gerald Neff, Secretary, Naples Sunset Optimist Club. Adopted - 5/0 B. SERVICE AWARDS C. PRESENTATIONS Presentation of plaque of appreciation to Commissioner Hancock by Chairman Berry. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Approve an Amendment to the original Developer contribution Agreement with Long Bay Partners for construction of Livingston Road North of Immokalee Road, including Board approval for staff to prepare and execute a Supplemental Agreement with Hole, Montes and Associates, Inc. for Roadway Design Revisions Staff recommendation Approved w/changes - 5/0 Added 2) Introduction of Jeff Bibby, Public Works Director C. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners authorize a contract amendment for design services for the new Domestic Animal Services facility Option #2, as outlined in the Executive Summary - Approved 5/0 D. SUPPORT SERVICES E. COUNTY MANAGER Page 2 November 10, 1998 1) Proposal to begin scheduling regular Board of County Commissioner Meetings on the second and fourth Tuesday of each month beginning in January 1999 Approved - 5/0 Added 2) Letter to Sheriff identifying changes to the FY 99 budget request. (County Administrator) Approval to transmit letter - 5/0 F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A) Report regarding the status of the Lely guardhouse controversy. (Commissioner Hancock) Agreement approved w/changes -4/1 (Commissioner Mac'Kie opposed) Added~ B) Report regarding North Naples Masterplan Staff to initiate a Town Hall approach 5/0 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS David Shealy regarding scenic highway booklet PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-98-11, Mr. Robert Duane, AICP, of Hole Montes and Associates, Inc., representing Steve Houston, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Tamiami Professional Center PUD for property located on the east side of Tamiami Trail North (US 41) on the south 200 feet of Section 15, Township 48 South, Range 25 East, Collier County, Florida Ordinance 98-90 - Adopted with changes 5/0 2) Petition PUD-98-14, George L. Varnadoe, of Young, Van Assenderp & Varnadoe, P.A., representing Granada Shoppes Associates LTD., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Granada Shoppes PUD for mixed use commercial development consisting of a maximum 390,000 square feet of gross floor Page 3 November 10, 1998 area inclusive of retail, office and service land uses for property located at the southeastern quadrant of the intersection of U.S. 41 and Immokalee Road (C.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.2+ acres. Ordinance 98-91 - Adopted with changes 5/0 C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition SV-98-2, William D. Keith, Esq. Representing John P. Cardillo and Daniel R. Monaco requesting 15 foot variance from the required setback of 15 feet established for signs to 0 feet along Tamiami Trail East and a 5 foot variance from the required setback of 15 feet established for signs to 10 feet along Osceola Avenue for a pole sign for an existing law firm located at 3550 East Tamiami Trail in Section 15, Township 50 South, Range 25 East, Collier County, Florida. Resolution 98-463 - Adopted 5/0 Withdrawn 2) Petition A-98-5, Kim Patrick Kobza, of Treiser, Kobza & Volpe, P.A., representing the Southpointe Yacht Club at Windstar Marina, and Glenn Oakes, Lee Flandreau and Jack Fink, requesting an appeal of a determination of insubstantial change to the Southpointe Yacht Club PUD Master Plan, adopted by ordinance 88-82, 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. 3) Petition V-98-18, C. Dean Smith of Q. Grady Minor representing Victoria Lakes Condominium Associates, requesting a 23 foot variance from the required 30 foot front yard to 7 feet along Berkshire Street and Nottingham Drive for carports for a property located in North Naples, approximately one mile south of Immokalee Road on the west side of Airport Road, in Section 20, Township 48 South, Range 25 East, Collier County, Florida. Resolution 98-464 - Adopted 4/0 (Commissioner Mac'Kie out) 4) Petition A-98-4, Wendell R. & Diane L. Keene, requesting an appeal of the Collier County Planning Commission's approval of Petition BD-98-26 on August 20, 1998, for property located at 400 Willett Avenue, further described as Lot 10, Block N. Connors Vanderbilt Beach, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. Appeal Denied - 4/0 (Commissioner Mac'Kie out) 5) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24, 1998, Petition V-98~19, Jay Malamphy, representing Gulf Coast Development Page 4 November 10, 1998 Group, L.C. requesting approval to increase the maximum permitted floor area ratio of .45 to .66 to construct a building with a maximum of 225,291 square feet for an Independent Care Living Facility and Assisted Care Living Facility for property located to the south of Vanderbilt Beach Road Extension, north of Arbor Boulevard, and west of Vineyards Boulevard, further described as Tract S-l, Vineyards Unit 3, in Section 5, Township 49 South, Range 26 East. 6) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24~ 1998, Petition V-98-8, Bill Hoover of Hoover Planning, representing Roger D. Withers and OPM-USA-Inc., requesting approval of a 65 foot height variance from the required 185 feet to 250 feet for an existing 180 foot communications tower located at 5630 Taylor Road, within the J & C Industrial Park, in Section 11, Township 49 South, Range 25 East. 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 form the Consent Agenda and considered separately. Approved and/or Adopted - 4/0 with changes (Commissioner Constantine out) Item #17B was a 4/0 vote with Commissioner Constantine voting and Commissioner Hancock abstaining) A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM HAS BEEN DELETED 2) Recommendation to approve the attached Satisfaction of Lien for Public Nuisance Resolution 98-254 3) Lien Resolutions-Code Enforcement Case Nos. 80605-027 Claude E LaRue; 80608-063 Boris & Emogene Pukay; 80610-059 Thales Delorenzi & Patricia Campelo; 80708-124 Philip Pierre; 80709-064 Edward J & Layerda Pelc Res. 98-443 through 98-447 4) Lien Resolutions-Code Enforcement Case Nos. 80413-061 Valentin & Migdalia Gonzalez; 80413-064 Shang Mei Huang; 80413-064 John Pagliaro TR Res. 98-448 through 98-450 5) Lien Resolutions-Code Enforcement Case Nos. 60522-087 Gary L & Nancy C. Seward; 80514-028 Lloyd G Sheehan; 80622-009 Page 5 November 10, 1998 Connie Simon & Marlo Pikul Res. 98-451 through 98-453 6) Lien Resolutions-Code Enforcement Case Nos. 80224-019 Ralph & Graciela Terry; 80226-050 James R Colosimo TR C/O Naples Realty Services Inc.; 80302-052 Ivan Magana; 80316-040 Rodhey Bushnell; 80323-161 Esteban Tamayo Res. 98-454 through 98-458 B. PUBLIC WORKS 1) Approve Work Order CDM-FT-98-12 for related engineering and organizational services related to optimization operation and maintenance practices at the North and South County Regional Wastewater Treatment Plants. In the amount of $85,100.00 2) Approve a Road Impact Fee Credit in the amount of $2,802.74 for the former Chamber of Commerce Building on U.S. 41 in the City of Naples. Continued to 11/24/98 3) THIS ITEM HAS BEEN DELETED 4) Approve Bid#98-2872 and Bid#98-2873 for the purchase of three crew cab flatbed dump trucks and three, five cubic yard dump trucks in the amount of $243,198.00. To Wallace International, Inc. 5) Approve a Developer Contribution Agreement with Ocean Boulevard Partnership and Ocean Boulevard Partnership II ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT') for right-of-way necessitated by the widening of U.S. Highway 41. 6) Approve a Developer Contribution Agreement with Collier Development Corporation ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT") for a water management detention area necessitated by the widening of U.S. Highway 41. 7) Approve a Developer Contribution Agreement with Ocean Boulevard Partnership South, LTD. ("Developer") for the contribution of land to the Florida Department of Transportation ("FDOT") for right-of-way and drainage necessitated by the widening of U.S. Highway 41. C. PUBLIC SERVICES 1) Approval of a Concession Agreement amendment between the Association of Unit Owners of the Registry Hotel at Pelican Bay, Inc., (The Registry) and Collier County to provide an expansion of the deck and improvement of the kitchen facilities at the Clam Pass Beach Park. Page 6 November 10, 1998 D. SUPPORT SERVICES 1) This Item Deleted 2) Approval of Budget Amendment to Complete the PC Modernization Project 3) Unanticipated Expenditures Relating to a Water Break In the amount of $16,175.00 E. COUNTY MANAGER 1) Budget Amendment Report 99-025 & 99-030 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY J. 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 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. A) Petition V-98-14, Mark & Ann Hunter, requesting an After-the-Fact Variance of 6.9 feet from the required side yard setback of 30 feet to 23.1 feet for property located at 2121 Oakes Boulevard, further described as the south half of Tract 13, Golden Gate Estates Unit 97, in Section 29, Township 49 South, Range 26 East, Collier County, Florida. Res. 98-459 B) Petition PUD-98-10, Mr. Robert Duane, AICP, of Hole, Montes and Associates, Inc. representing Jim Colosimo, Trustee, requesting a fezone from "E" Estates to "PUD" Planned Unit Development to be known as Cambridge Square PUD for property located on the north side of Pine Ridge (C.R. 896), approximately 300 feet east of Livingston Road in Section 7, Page 7 November 10, 1998 Township 49 South, Range 26 East, Collier County, Florida Ord. 98-89 - Adopted 4/0 (Commissioner Constantine voted and Commissioner Hancock abstained) C) Petition V-98-15, R. Bruce Anderson, representing Ronald L. Glass, President of RSG Family Limited Partnership- Immokalee, requesting a 30 foot After-the-Fact Variance from the required 30 foot front yard to 0 feet along the Northern front yard, an 11 foot After-the-Fact Variance from the required 30 foot front yard to 19 feet along the eastern front yard and a 10 foot After-the-Fact Variance from the required 30 foot front yard to 20 feet along the southern front yard of an existing apartment complex in Immokalee. Res. 98-460 D) Petition VAC-98-019 to disclaim, renounce and vacate the public's interest in a 5.5' by 45' portion of right of way on Delaware Avenue, located in Section 4, Township 47 South, Range 29 East, Immokalee, Florida. Res. 98-461 Withdrawn E) Petition AV-97-031 to disclaim, renounce and vacate the County's and the public's interest in a 60' wide road right of way shown as "Pelton Avenue" on the plat of "Burdale" as recorded in Plate Book 4, Page 2, Public Records of Collier County, Florida and being located in Section 11, Township 50 South, Range 25 East. F) Petition AV 98-016 to vacated a 12' wide drainage easement between lots 31 and 32, Block B, according to the Plat of "Collier's Reserve", as recorded in Plat Book, 20, Pages 59 through 87, Public Records of Collier County, Florida and to accept a 12' wide drainage easement as a replacement easement. Res. 98-462 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 8