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Recap 01/14/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 14, 1997 9z00 a.m. NOTICEz ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WHITING WITH EXPLANATION TO THE COUNTY MANAGER 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 HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS ~L~DE, 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 12x00 NOON TO lx00 P.M. 1. INVOCATION 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) Proclamation proclaiming January 12-18th as Youth Adopted 5/0 Haven week. To be accepted by Jane Ryan, President of the Board of Trustees of Youth Haven. Added (2) Proclamation designating January 20-26, 1997, as Dr. Martin Luther King Week - Lorenzo Williams accepting as Adopted 5/0 President of the Naples/Collier Branch of the NAACP. 1 JanuarV 14,1997 B. Service Awards Presented Steven Epright - EMS - 10 years. C. Presentations (1) Recommendation to recognize Harold White, Fleet Presented Management Department, Support Services Division, as Employee of the Month for January, 1997. (2) Recommendation to recognize Linda Denning, Public Presented Services Division, as Employee of the Year for 1996. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001} 2. Community Development Fund (113) 3. Facilities Construction Fund (301) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMTJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Deleted (1) Water and sewer facilities acceptance for Quail West, Deleted Phase One, Block A. (Continued from the meeting of 1/7/97) B. PUBLIC WORKS (1} Recommendation that the Board adopt a resolution Resolution 97-43 Adopted authorizing the acquisition by gift, purchase or 5/0 condemnation of fee simple title for road Right-of-Way for parcel 102A required to complete the four-laning roadway improvements for C.R. 951 Phase II from Rattlesnake Hammock Road to Davis Boulevard. (2) Approve a resolution for the tentative award of a Resolution 97-44 - Adopted construction contract at the South County Regional 5/0 Wastewater Treatment Facility. C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Approved to move forward Commissioners determine whether to proceed with a with petition 4/1 petition to the Collier County Legislative Delegation (Commissioner Constantine Hearing concerning a special bill that would allow for opposed ) the use of tourist taxes for the acquisition and 2 JanuarV 14,1997 improvement of beach access and parking-related facilities. (2) Recommendation that the Board of County Commissioners Rejected - 4/1 reject RFP No. 96-2482 for grant application services. (Commissioner Constantine (Continued from 1/07/97 meeting.) opposed) D. SUPPORT SERVICES E. COUNTY MANAGER 9. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners Staff recommendation consider an amendment to the contract between Collier approved o 3/2 County and the PGA Tour, Inc., for the funding of the (Commissioners Mac'Kie and 1996 Greater Naples IntelliNet Challenge and other Berry opposed) amendments to Category B contracts. B. Consider approval of an agreement between Collier County Naples Chamber of and the Challenge Foundation, Inc., for the funding of Commerce, Inc. agreement the 1997 PGA Golf Tournament with Tourist Development Tax tabled to the end of the Funds and approval of an agreement between the Greater meeting - 5/0. Naples Naples Chamber of Commerce, Inc., and Collier County for Chamber of Commerce funding of fulfillment with Tourist Development Tax Agreement Continued one funds. week due to no representation at the end of the meeting - 5/0. PGA Golf Tournament Agreement - Approved 4/1 (Commissioner Mac'Kie opposed) 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Pelican Bay MSTBU Advisory Res. 97-45 appointing Committee. Alan Varley, George Werner, John Hoyt, Edward Griffith, and Herbert Hasson - Adopted 5/0 B. Board action regarding change of usage from Hopewood for Approved 5/0 use by the Guadalupe Center to establish child care. (Commissioner Berry) C. Appointment of members to the Library Advisory Board. Res. 97-46 appointing Jaculyn Dering, Doris Lewis and Martha Gordon Adopted 5/0 D. Discussion regarding 2nd District Association regarding Support regarding beach Legislative Delegation Meeting in reference to beach access to be presented to access easement at Delnor Wiggins State Park. Legislative Delegation - (Commissioner Hancock) 5/0 3 January 14,1997 E. Update on progress regarding County Manager Selection Commissioners to return Process. (Commissioner Hancock) their questionnaire to Human Resources by Friday and select a name for an appointee to a committee to review the county manager selection process F. Summary report of TDC Subcommittee regarding Category C Presented (Commissioner Hancock) G. Motion for reconsideration of Agenda Item 12(C)(2) of the No Action December 17, 1996 Board of County Commissioners' public meeting pertaining to Teen Court. (Commissioner Constantine}. H. Motion for reconsideration of Agenda Item 12(C)(3) of the Motion for reconsideration December 17, 1996 Board of County Commissioners' public Approved 4/1 (Commsr. meeting pertaining to Juvenile Assessment Center. Constantine opposed); To (Commissioner Constantine). be readvertised for 1/28/97 meeting. 11. OTHER CONSTITUTIONAL OFFICERS 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 R-96-14, American Engineering Consultants, Ordinance 97-3 Adopted Inc., representing Mario Curiale, requesting a fezone 5/0 with stipulations from "A" to "C-5" for a building supply store for property located on the north side of Tamiami Trail South (U.S. 41 1/4 mile east of Isle of Capri Road (S.R. 951) in Sec. 3, T51S, R26E, consisting of 8.08 acres. (2) Petition PUD-96-14, Alan D. Reynolds, AICP, of Continued to 1/28/97 Wilson, Miller, Barton & Peek, Inc., and George n. Varnadoe of Young, vanAssenderp, and Varnadoe, P.A., representing Sunco Building Corporation, requesting a rezone from "A" and "A-ST" to PUD to be known as Island Walk Planned Unit Development for a maximum of 2,100 dwelling units and a fifteen (15) acre town center for property located on the north side of Vanderbilt Beach Road, approximately 1 mile east of 1-75 in Secs. 33 and 4 JanuarV 14,1997 34, T48S, R26E, consisting of 705 acres, more or less. (Companion to Agenda Item 12C.(1), CONTINUED TO 1/28/97). (3} Petition PUD-96-5, Bill Hoover of Hoover Planning Ordinance 97-4 - Adopted Shoppe and Michael J. Landy of Butler Engineering, Inc., 5/0 representing Leonard and Wanda Raichert, Darryl J. and Carmel J. Damico, Leonard L. and Lisa C. Swirda, Janice Sweeney, Cottongim Realty and Development Co. and Sid A. Skidmore, requesting a rezoning of certain defined property as herein described from "RMF-12" to "PUD" (Jacaranda Center) for a professional office and commercial complex for property located on the north side of Golden Gate Parkway at the northeast intersection of Golden Gate Parkway and 55th Street S.W. in Golden Gate City, Lots 28-31, Block 219, Golden Gate Unit 6, in Sec. 28, T49S, R26E, consisting of 1.5± acres. (Companion to Agenda Item 13A.(2) C. OTHER (1) Petition DRI-96-1, Alan R. Reynolds, AICP, of Wilson, Continued to 1/28/97 Miller, Barton & Peek, Inc., representing Sunco Building Corporation, requesting development approval of the "Island Walk", a mixed use development of regional impact containing a maximum of 2,100 mixed dwelling units, recreational, open space, and community service element, a "town center" providing retail, recreational and community services, and multipurpose green space located on Vanderbilt Beach Road (C.R. 862) between Interstate 75 and C.R. 951, more specifically including all of Sec. 33, T48S, R26E, and part of Sec. 34, T48S, R26E, consisting of 705± acres. (Companion to Agenda Item 12B.(2), CONTINUED TO 1/28/97). (2) Petition AV 96-032 for the vacation of a portion of a Resolution 97-48 - Adopted five-foot utility easement on Site 5, Block D, Pelican 5/0 Bay Unit 4, as recorded in Plat Book 13, Pages 30-32, inclusive, of the Public Records of Collier County, Florida. Continued to 1/28/97 {3) Recommendation that the Board of County Commissioners Continued to 1/28/97 adopt an ordinance amending Ordinance No. 89-11, the Beach and Water Safety and Vessel Control Ordinance. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition CU-96-19, Donald P. Ricci, requesting Resolution 97-49 - Adopted Conditional Use "1" of the RSF-3 Zoning District for 4/1 ( Commissioner Norris property located on Lot 20, Block 414, Marco Beach Unit opposed) 13, in Sec. 20, T52S, R26E. (2) Petition V-96-7, Bill Hoover of Hoover Planning Resolution 97-47 Adopted 5 January 14,1997 Shoppe and Michael J. Landy of Butler Engineering, Inc., 5/0 representing Leonard and Wanda Raichert, Carryl J. and Carmel J. Damico, Leonard L. and Lisa C. Swirda, Janice Sweeney, Cottongim Realty and Development Co., and Sid A. Skidmore, requesting a 9 foot variance from the required front yard setback of 40 feet to 31 feet on Lot 28 and a 3 year delay from the requirement to hook up to existing central water facilities on Lot 28 for property located on the north side of Golden Gate Parkway at the northeast intersection of Golden Gate Parkway and 55th Street SoW. in Golden Gate City, Lots 28-31, Block 219, Golden Gate Unit 6, in Sec. 28, T49S, R26E, consisting of 1.5± acres. (Companion to Agenda Item 12B.(3) (3) Petition V-96-27, Mario Lamendola representing Guy Denied - 4/1 (Commissioner Fracasso, requesting a 10 foot variance from the required Constantine opposed) 15 foot side yard setback to 5 feet for property located at 10823 Tamiami Trail North, further described as Lots 6-12, Block 3, Naples Park, Unit No. 1, in Sec. 28, T48S, R26E. (4) Petition CU-96-22, Miles Scofield representing David Resolution 97-50 Adopted M. Ogilvie, requesting Conditional Use "1" of the "RSF-4" with stipulation that Zoning District to allow for a boathouse for property roofing material be the located at 279 3rd Street in Bonita Springs. same as the house - 5/0 B. OTHER (1) Petition CU-95-16, Terrance L. Kepple representing Resolution 97-51 Adopted Cypress Wood Presbyterian Church, requesting an extension 5/0 of Conditional Uses "1" and "3" of the "E" Estates Zoning District to allow for a church and child care facility that has previously received Conditional Use approval for property located on the south side of Golden Gate Boulevard in Sec. 11, T49S, R26E, consisting of 4.92 acres. 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 1. Commissioner Mac'Kie presented a copy of a report from Dr. Stokes regarding the landfill. 15. STAFF'S COMMUNICATIONS 1. County Manager reporting on incidents at the Immokalee Community Aquatic Complex that are being checked into. 16. CONSENT AGENDA All matters listed under this item are considered to be routine Approved and/or Adopted and action will be taken by one motion without separate with changes 5/0 6 JanuarV 14,1997 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. A. COMMTJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve for recording the final w/ Letter of Credit, plat of "Sabal Lake, Unit Two". Construction & Maintenance Agreement & stips. (2) Recommendation that the Board of County Commissioners Res. 97-016 through 97-034 authorize waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services impact fees, and educational facility system impact fees for nineteen {19) single family houses to be built by Immokalee Habitat for Humanity, Inc., in the Bullard Subdivision in Immokalee and to fund said waivers from Affordable Housing Trust Fund, Fund 191. (3) Recommendation to approve for recording the final w/ Construction & plat of "Pelican Lake R.V. Resort, Unit One". Maintenance & Escrow Agreements (4) Petition AV-96-031, recommendation to approve for Res. 97-035 w/stips. recording the final plat of "Naples Heritage Golf & Country Club Tracts 'B' & 'C5' Replat" and approve the vacation of portions of the recorded plat of "Naples Heritage Golf & Country Club, Phase One". (Continued from the meeting of 1/7/97) (5) Water facilities acceptance for Diamond Lake, Phase 1 w/ Cashiers Check in the (Mirage). (Continued from the meeting of 1/7/97) amount of $1,322.00 as security & stips. B. PUBLIC WORKS (1) Recommendation to approve an implementation plan for a drainage outfall to serve the west end of Erie Drive through Willougby Acres. {2) Recommendation to approve the purchase of ready Awarded to Florida Rock mix/mobile concrete for the Road and Bridge Section in Industries in the net accordance with Bid #96-2610. amount of $25,000.00 (3) This item has been deleted. Deleted (4) Approve Change Order No. 1 to Work Order #VB-15 In the amount of (under Annual General Contractor Contract #RFP 95-2334) $13,334.00 to Vanderbilt Bay Construction, Inc. (5) This item has been deleted. Deleted 7 January 14,1997 (6) This item has been deleted. Deleted (7) Approve Budget Amendments recognizing carry forward amounts FY 1996 for Parks Projects in Funds 345, 365, 368 & 306. (8) This item has been deleted. Deleted (9) Approve a Proposal for construction of reclaimed w/ Haskins, Inc. in the water facilities within the Right-of-Way of Davis Blvd. amount of $20,830.00 (10) Approval of a Landowner Contribution Agreement for w/stips. the North Naples Roadway MSTU (Livingston Road) Project. Continued to 1/21/97 (11) Recommendation to approve a Road Impact fee Continued to 1/21/97 Contribution Agreement for S.R. 951 four-laning with 951 Land Holdings Joint Venture. (12) Approve a Professional Agreement with Coastal w/stips. Consultants, Inc. to provide professional engineering services related to the implementation of the Wiggins Pass Inlet Management Plan. C. PUBLIC SERVICES (1) Recommendation that the Board of Collier County Commissioners approve a contract between Collier County and Dr. Marta U. Coburn, M.D., Florida District 20 Medical Examiner for Collier County Florida doing business as District 20 Medical Examiner. (2) Recommendation that the Board of County Commissioners approve a continuation contract for the Older Americans Act Grant funding and sign the related contract and budget amendment documents. D. SUPPORT SERVICES (1) Recommendation that the Board of County Commissioners Res. 97-036 approve a resolution authorizing the Chairman of the Board of County Commissioners to execute Limited Use License Agreements for the current Chairman's tenure only. (2) Recommendation that the Board of County Commissioners Res. 97-037, 97-038 approve the attached three (3) resolutions authorizing 97-039 the Board of County Commissioner's Chairman to execute the appropriate documentation required to expedite the County's Land Rights Acquisition Program for the current Chairman's tenure only. (3) Recommendation that the Board of County Commissioners Res. 97-040 approve and accept the attached Resolution authorizing 8 January 14,1997 the Chairman of the Board of County Commissioners, Collier County, Florida, 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. (4) Recommendation that the Board of County Commissioners Res. 97-041 approve the attached 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 of the Board, for the current Chairman's tenure only. (5) Recommendation for approval of Agreement and Adoption Res. 97-042 of Resolution authorizing the execution and acceptance of said Agreement between the State of Florida Department of Community Affairs and Collier County regarding certain Emergency Management-related activities. (6) Recommendation that the Board of County Commissioners have the Chairman sign a budget amendment reallocating funds for the software upgrades to the Naples and Immokalee Scalehouse Computer System. E. COUNTY NANAGER (1) Budget Amendment Report. B.A.'s 97-094, 97-097 & 97-101 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 17. ADJOURN 9 JanuarV 14,1997