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Recap 12/01/1998 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 1, 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 David Woerner, East Naples United Methodist Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or Adopted w/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 MOVED TO 5C2 1 December 1, 1998 1) Presentation of an Outstanding Public Interest Project Award from the Department of Environmental Protection Bureau of Mine Reclamation for the State Road 951 Borrow Pit at the entrance to the Fiddler's Creek Development. B. SERVICE AWARDS Presented 1) Ronald Nino, Planning Services - 10 years C. PRESENTATIONS ADDED 1) Presentation by John A. Yonkosky of the Commercial Paper Rebate. (Commissioner Berry) Check presented in the amount of $11,458.59 MOVED FROM 5A1 2) Presentation of an outstanding Public interest Project Award from the Department of Environmental Protection Bureau of Mine Reclamation for the State Road 951 Borrow Pit at the entrance to the Fiddler's Creek Development (Staff's Request). Presented 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Larry Bradley representing Mayflower Congregational United Church requesting a refund of water and sewer impact fees. Staff to bring back as a regular agenda item in two weeks 5/0 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Terrance L. Kepple representing Boy Scouts of America, Troop 274, requesting a waiver of a Temporary Use Permit fee for an antique and classic car show to be held on December 12, 1998 at 2550 Immokalee Road, Collier County, Florida. Approved - 5/0 2) Staff recommendations on options for the creation of a plan of development for the area of North Naples located east of U.S. 41, south of the Collier-Lee county line, west of interstate 75, and north of Immokalee Road, and to provide a completion schedule for each of the options proposed. 2 December 1, 1998 Report presented and direction to move forward with option 2 B. PUBLIC WORKS C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Report to the Board with respect to the lawsuit entitled Laverne Blanford v. Collier County, et al., case no. 97-209-CIV-FTM-26D / Direction Staff to offer Settlement up to $10,000 with prejudice; if no settlement accepted then Staff to proceed to court. 5/0 10. BOARD OF COUNTY COMMISSIONERS ADDED A. Reconsideration of Lely Guardhouse issue. (County Attorney) To be put on printed Agenda on 12/8 ADDED B. Consideration of motion to reconsider agenda item llA2 (November 24, 1998 BCC meeting) "Discussion with the Board of County Commissioners and the Clerk of Courts Re: Bond Re~nancing." (Commissioner Berry) Board to reconsider in two weeks 5/0 ADDED C. Letter to Marco City Council (Commissioner Norris) Chairman Berry to send a letter summarizing previous action 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS MOVED FROM 16H2 1)Transfer of monies from the General Fund so that the County Probation Department can start and maintain a residential electronic monitoring program Res. 98-480 Approved - 4/0 (Commissioner Norris out) B. PUBLIC COMMENT ON GENERAL TOPICS Comments made by David Shealy regarding Tourist Tax 3 December 1, 1998 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER MOVED FROM 17A 1)Recommendation to Adopt an Ordinance amending Ordinance NO. 96-60 relating to the levy of a 2% Tourist Development Tax and additional 1% Tax throughout Collier County pursuant to the local option Tourist Development Act providing for amendment to Section three concerning the use of Tax Revenues to expand category A to include Shoreline protection, enhancement, clean-up or restoration of inland lakes and rivers to which there is public access. (Commissioner Constantine) Ord. 98-111 4/1 (Commissioner Constantine opposed) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 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 w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve attached Satisfaction of Lien for Public Nuisance Resolution 97-109 2) Request to approve for recording the final plat of Troon Lakes and approval of the performance security. W/Letter of Credit, Construction and Maintenance Agreement and stipulations. 4 December 1, 1998 3) Request to approve the final plat of L'Ermitage at Grey Oaks. W/Construction and Maintenance Agreement Agreement and Performance Bond 4) Request to approve the final plat of "Grey Oaks Unit Thirteen" W/Construction and Maintenance Agreement and Performance Bond B. PUBLIC WORKS 1) Petition TM 98-05 for the Neighborhood Traffic Management Program (NTMP) to install additional traffic calming measures on Kings Way within the Foxfire Community. 2) Approve Budget Amendments recognizing Carry Forward funds for the Airport-Pulling Road Bridge Construction Project (Bid No. 98-2830). In the Amount of $979,897.22 3) Approve a change in the designated holidays for Solid Waste Collection and Landfill Operations Contractors. Deletion of the New Year's Day holiday and the addition of the 4th Of July holiday, effective January 1, 1999. 4) CONTINUED TO 12/15/98: Approve the Livingston Road Utility Facilities Reimbursement and Contribution Agreement (Staffs Request). 5) Award Contract to Mitchell and Stark Construction Company, Inc. to construct Reuse Water System Service Connections, Bid 98-2874, Project 74020. In the amount of $476,570.00 Co PUBLIC SERVICES 1) Award Work Order to repair the dock and sea wall at Caxambas Park. To Varian Construction Co. In the amount of $60,840.00 D. SUPPORT SERVICES 1) Approval of a Tower Option and Lease Agreement between Collier County and Bellsouth Mobility, Inc. 2) Approval to award bid #98-2877 to United Mechanical and B&I Contractors for on call mechanical contracting. 3) Approval of a Resolution ratifying specific expenditures for Training Sessions, Job Fairs and Open Houses, Orientation Sessions, Kick-Off Meetings and Planning Workshops as serving a valid public purpose. Res. 98-478 4) Recommendation to accept statics short list of Construction Management at Risk Firms and Open Houses, Orientation Sessions, 5 December 1, 1998 E. COUNTY ADMINISTRATOR 1) Budget Amendment Report BA-99~059 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. H. OTHER CONSTITUTIONAL OFFICERS 2) Approval of a second amendment to lease agreement between Collier County and Jeanne L. Noe, as Trustee of the James R. Noe II Recovable Trust. MOVED TO llA1 3) Transfer of monies from the General Fund so that the County Probation Department can start and maintain a residential electronic monitoring program. I. COUNTY ATTORNEY 1) Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance healthcare facilities for the Cleveland Clinic. Res. 98-479 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. MOVED TO 12C1 A. Recommendation to adopt an ordinance amending Ordinance No. 96-60 relating to the levy of a 2% Tourist Development Tax and an additional 1% tax throughout Collier County pursuant to the Local Option Tourist Development Act, Section 125.0104, Florida Statutes, providing for amendment to Section Three concerning the use of tax revenues to expand Category A to include shoreline protection, enhancement, clean-up or restoration of inland lakes and rivers to which there is public access; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. 6 December 1, 1998 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 December 1, 1998