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Recap 02/11/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 11, 1997 9500 a.m. NOTICE5 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 WRITING 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 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 12500 NOON TO 1500 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted w/changes 4/0 (Commissioner Hancock out) 4. APPROVAL OF MINUTES Approved as presented 4/0 January 21, 1997 - Regular meeting. (Commissioner Hancock out) 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) Proclamation proclaiming February 9-15, 1997 as Adopted 4/0 (Commissioner Vocational Education Week. To be accepted by Dr. David Hancock out) 1 FebruarV 11, 1997 R. Baldaia, Director Department of Applied Technology and Continuing Education. (2) Proclamation proclaiming February 17, 1997 as the Adopted 4/0 (Commissioner 100th Anniversary of the PTA. To be accepted by Russ Hancock out) Muller, President of Collier County Council of PTA's. (3) Proclamation proclaiming Saturday, February 15, 1997, Adopted 4/0 (Commissioner as Bayshore Family Stroll and East Naples Community Park Hancock out) Celebration Day. To be accepted by Brenda Knauber, President of Avalon PTA. B. Service Awards Ronny Cox - Library Outreach Services - 5 years Presented C. Presentations (1) Recommendation to recognize Adelaide Dully, Solid Recognized Waste Department, Public Works Division, as Employee of the Month for February, 1997. 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. COUNTYMANAGER'S REPORT A. COMMI~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Board support of the proposal by the Florida Game and Staff to work with Game Fresh Water Fish Commission to rope off a portion of the and Fish Commission and outer sandbar at Big Marco Pass Critical Wildlife Area come back with new (Sand Dollar Island). proposal. 5/0 (2) Staff review and recommendations relative to Res. 97-72 Adopted w/ Ordinance 82-81, as amended, also known as the Imperial stips. 4/1 (Comm Norris Lakes PUD which, according to the required PUD Status opposed) Report submitted by the property owner/agent, has not commenced construction as defined in Section 2.7.3.4 of the Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. B. PUBLIC WORKS 2 February 11, 1997 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY MANAGER (1) Update the Disaster Recovery Advertising Program, Continued to 2/25/97 5/0 including the procedures for activating communication lines, annual design work required and procedures for authorizing level of advertising and payment for advertising. (2) Approve contract with Marco Island YMCA for $120,000 Approved w/changes 3/2 Tourist Development Category C Funds for the Marco Island (Commsrs. Norris and Sports Festival. Hancock opposed) 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Confirmation of members to the the Disaster Recovery Task Res. 97-73 Adopted Force. confirming the 9 names in the Executive Summary 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. Ty Agoston re $3.00 Assessment by the Clerk's Office. Discussed PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER (1) Resolution of the Board of County Commissioners of Res. 97-74 which does not Collier County determining that revisions to the Toll constitute a substantial Gate Commercial Center Development Order does/does not deviation - Adopted 5/0 constitute a substantial deviation requiring further development of regional impact review. (2) Petition DOA-96-5, Dr. Neno J. Spagna of the Florida Development Order 97-2 Urban Institute, Inc., representing Ashley M. Papineau, Res. 97-75 Adopted 5/0 partner, Tollgate Commercial Center Partnership, requesting an amendment to the Toll Gate Commercial Center Development of Regional Impact (DRI), Development 3 February 11, 1997 Order 84-1, amended for the purpose of extending the time that the development order remains in effect for the Toll Gate Commercial Center (DRI). (3) Request the Board of County Commissioners approve the Ord. 97-10 Adopted 5/0 Ordinance amending Ordinance No. 96-16 regarding vessel speed control and water safety; adding a definition for Hurricane Pass; incorporating all idle speed zones previously designated by resolutions; adding new idle speed - no wake zones; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; repealing resolutions; providing an effective date. (4) An Ordinance providing funding for the Juvenile Ord. 97-11 - Adopted Assessment Center and Suspension Program through County w/change 4/1 (Comm. Delinquency Prevention fines pursuant to Section Constantine opposed) 775.0833, Florida Statutes, as amended by Chapter 96-382, Res. 97-76 supporting the Laws of Florida; providing for a mandatory cost of three Juvenile Assessment Center dollars ($3.00) to be assessed against every person - Adopted 5/0 convicted of a violation of a criminal statute, a municipal or county ordinance, or a traffic offense in the County; providing for the court to assess the mandatory cost of $3.00 and the Clerk of the Circuit court to collect the mandatory cost; providing for the collection of costs and disbursement of funds by the Clerk to the Sheriff; providing the responsibilities of the Sheriff; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. (Continued from 1/28/97) (5) Recommendation that the Board of County Commissioners Ord. 97-12 Adopted w/ adopt an ordinance amending Ordinance No. 89-11, the changes 5/0 Beach and Water Safety and Vessel Control Ordinance. (6) Petition AV 96-25, Burt L. Saunders as agent for Res. 97-77 Adopted 5/0 Owner, Mark Woodward, Trustee, requesting vacation of a portion of road right-of-way, as shown on a State Road 45 Right-of-Way map recorded in Road Plat Book 2, Page 112, of the Public Records of Collier County, Florida. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-96-29, Craig R. Woodward, Esquire, Res. 97-78 Adopted 5/0 representing James and Ruth Ann Walcott, requesting an after-the-fact 1.95 foot variance to the required 7.5 foot side setback to 5.55 feet for property located at 1582 Biscayne Way, further described as Lot 8, Block 284, Marco Beach Unit 8, Sec. 16, T525, R26E. Withdrawn by Petitioner (2) Petition CU-96-24, Jeff Swiatek representing Jeff Withdrawn by Petitioner 4 FebruarV 11, 1997 Swiatek, John and Clay Winfield, requesting Conditional Use "4" of the C-4 Zoning District for used car sales for property located at 4870 Golden Gate Parkway, further described as Lots 14, 15, and 16, Block 248, Golden Gate, Unit 7, in Sec. 28, T49S, R26E, consisting of 4 acres, more or less. (3) Petition Cu~96-23, William L. Hoover representing Res. 97-79 Adopted 5/0 Ferril A. Boutilier requesting Conditional Use "2" of the RMF~6 Zoning District for a church and church related facilities for property located on the north side of Guilford Road approximately 900 feet west of East Tamiami Trail. (4) Petition SV-96-5, Tracy L. LeBlanc representing Toys Denied 5/0 "R" Us, Inc., requesting a variance from the requirements of two wall signs for shopping center outparcels to three wall signs. B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMITNICATIONS A. Comm. Norris re City Council/County relations Discussed B. Comm. Berry re Station 12 EMS Facility Discussed C. Comm. Constantine re the possible incorporation of the To be discussed at a Utility Ord. into the LDC future date D. Comm. Constantine re revisitation of agenda items Discussed E. Comm. Constantine re relocation of the Ford Motor Co. Discussed F. Comm. Hancock re specialty license plates Discussed 15. STAFF'S COMMTJNICATIONS A. Asst. County Attorney Student re appeal of Circuit Court BCC direction to proceed decision re Naples Bath & Tennis Club w/appeal (Consensus) B. County Attorney Weigel re contract reviews Discussed C. County Attorney Weigel re request from former Comm. Discussed Matthews for reimbursement of travel expenses D. Acting County Manager re Staff preparation of agenda Discussed items 16. CONSENT AGENDA 5 FebruarV 11, 1997 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 5/0 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Water and sewer facilities acceptance for Camelot Park at The Vineyards. B. PUBLIC WORKS (1) Approve a proposal for repair of an existing In the amt. of $4,550.00 reclaimed water main prior to connection of a new main within the Right-Of-Way of Davis Boulevard. (2) Authorization to purchase a replacement 580L Case From Falcon Power in the Backhoe from State Bid~ amount of $50,862.00 (3) To obtain Board of County Commissioners approval off a Budget Amendment to fund necessary modifications to the Naples Landfill Leachate Pump Station. C. PUBLIC SERVICES (1) Approval of budget amendment recognizing an additional $29,989 in State Aid to Libraries in FY 97. (2) Recommendation that the Board of County Commissioners In the amount of authorize the Parks and Recreation/Solid Waste $40,000.00 Departments to purchase recycled playground sports turf from Contract Connections, Inc. for the Golden Gate Community Center playground project utilizing the Florida State-negotiated agreement pricing schedule contract. (3) Recommendation that the Board of County Commissioners of Collier County accept the $30,000 Florinet Enhanced Connectivity Assistance Grant (Level II) from the State of Florida, Department of State Division of Library and Information Services, and that the funds be placed in expenditure accounts according to the attached budget amendment. D. SUPPORT SERVICES (1) To accept a drainage easement from Vincent W. Malerba and Kathleen M. Malerba who own the property known as Lots 11 and 12, Block 37, Marco Beach Unit Two, Marco Island, Florida, to allow the relocation of an existing storm drain. (2) Recommendation to declare certain County property as 6 February 11, 1997 surplus and authorize a sale of the surplus property. (3) Recommendation to approve a budget amendment recognizing carry forward in Information Technology Fund 505. (4) Recommendation that the Board approve the assignment of the lawsuit titled, Gregory vs. Collier County, Case #97-0122~CA-01-TB to David E. Bryant, Esquire authorizing staff to prepare an amendment to the current contract between David E. Bryant, Esquire and the Collier County Board of Commissioners. E. COUNTY MANAGER (1) This item has been deleted. Deleted (2) Budget Amendment Report. BA's 97-142 and 97-147 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 17. ADJOURN 7 FebruarV 11, 1997