Loading...
Recap 02/25/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 25, 1997 9z00 a.m. NOTICE2 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 12200 NOON TO 1200 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Adopted and/or approved with changes - 5/0 4. APPROVAL OF MINUTES Approved as presented 5/0 February 3, 1997 - Workshop. February 4, 1997 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) Proclamation designating the week of February 23 ~ Adopted 5/0 March 1, 1997 as Emergency Planning and Community Right-to~Know Awareness Week. To be accepted by Ken Pineau, Director of Emergency Management. 1 FebruarV 25, 1997 B. Service Awards C. Presentations 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. COMI~UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Petition C-97-2, Our Lady of Guadalupe Catholic Carnival Permit 97-2 Church requesting a permit to conduct a carnival from Approved 5/0 March 5 through March 9, 1997, on their church grounds located at 219 South 9th Street in Immokalee. (2) Staff review and recommendations relative to Res. 97-134 updating the Ordinance 88-50, as amended, also known as the Gadaleta PUD according to standards PUD, which, according to the required PUD Status Report and eliminating C-2 submitted by the property owner/agent, has not commenced zoning within six months - construction, as defined in Section 2.7.3.4 of the Adopted 5/0 Collier County Land Development Code, resulting in several possible courses of action for the Board of County Commissioners to consider. {3) Recommendation that the Board of County Commissioners Res. 97-135 - Adopted 5/0 approve a Resolution certifying that the Immokalee Main Street Project is consistent with Collier County's local plans and regulations including the Growth Management Plan. (4) Resolution that the Board of County Commissioners Res. 97-136 that there be accept and implement the Economic Diversification no increase in Program, Phase II, presented by the Council of Economic occupational license fees Advisors and prepared by the Florida Planning Group, Inc. for present year and that (Continued from the meeting of 2/18/97). the funding source be identified during the budget session - Adopted 5/0. Res. 97-137 authorizing existing dollars to be used for FY 98's commitment to Allen Systems Group - 5/0 B. PUBLIC WORKS 2 February 25, 1997 Withdrawn (1) Reports to the Board on the status of the County-wide Withdrawn Signal System Contract and on-going programs and research for traffic management improvements within Collier County. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners Approved - 5/0 terminate the donation agreement between Collier County and the Naples Roller Hockey League, and authorize either the construction of a modified roller hockey rink at Veteran's Community Park or the originally approved covered basketball facility. D. SUPPORT SERVICES (1) Recommendation to select the newspaper for the Option B selecting Naples advertising of delinquent real estate and personal Daily News - Approved 5/0 property taxes. E. COUNTY MANAGER (1) Update the Disaster Recovery Advertising Program, Staff recommendation including the procedures for activating communication Approved - 5/0 lines, annual design work required and procedures for authorizing level of advertising and payment for advertising. (Continued from 2/11/97 Item BE(l)). (2) Approve funding to Nets Assets, Inc. D/B/A Nuveen Approved w/conditons 5/0 Masters for $390,000 for advertising and promotion of tennis qualifying tournament, Tourist Development Category C Funds. 9. COUNTY ATTORNEY'S REPORT (A) A Resolution amending Resolution No. 96-590 authorizing Res. 97-138 Adopted the issuance of not exceeding $16,500,000 in aggregate w/amendment 5/0 principal amount of Collier County, Florida, special obligation revenue bonds, Series 1997. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Public Vehicle Advisory Res. 97-139 appointing Board. Maurice DeVito Adopted 5/0 B. Interim County Manager Contract with Board of County Approved with $95,000 Commissioners. salary 5/0 C. Presentation of EPTAB's Report to the BCC on "Invasive Report accepted; direct Exotic Plants in Collier County". (Continued from the Staff to explore meeting of 2/18/97) Items 1, 2, 3, 4C, 9, 3F & 4B and report back - 4/1 3 February 25, 1997 (Comm. Berry opposed) 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Doug Mcgilvra re a resolution passed by TAG in support Discussed of law enforcement impact fees PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition PUD-86-9(4), Bruce J. Siciliano, AICP, of Ord. 97-13 Adopted 5/0 Agnoli, Barber & Brundage, Inc., representing Ronto Developments Naples, Inc., requesting an amendment to the Heritage Greens PUD for the purpose of reducing the side setback to 5 feet for one story garages in conjunction with coach homes for property located on the south side of Immokalee Road (C.R. 846), approximately one mile west of C.R. 951 in Sec. 28, T48S, R26E, consisting of 251.46 acres. C. OTHER (1) Recommendation that the Board of County Commissioners Approved 5/0 consider for approval a stipulated settlement agreement between Florida Department of Community Affairs and Collier County, Florida, for the purpose of settling DO/U{ Case No.92-6350GM in which the appendices to the County's then existing road, water, sewer, EMS, library system and parks and recreational facilities impact fee ordinances' consistency with certain policies of the housing element of the Growth Management Plan was challenged. (2) Petition AV 96-034, George L. Varnadoe as agent for Res. 97-140 Adopted 5/0; Owner, Barron Collier Partnership, requesting vacation of Stipulated Final Judgement the public interest in a portion of an eighty foot road Approved 5/0 right-of-way platted as Trail Boulevard, as shown on the plat of Pine Ridge Second Extension, as recorded in Plat Book 10, Page 86, of the public records of Collier County, Florida. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 4 February 25, 1997 (1) Petition V-97-1, Craig R. Woodward of Woodward, Pires Res. 97~141 Adopted 5/0 & Lombardo, P.A., representing Evelyn Brewer and Vivian Wolfe, requesting an after-the-fact variance of 3.15 feet from the required front yard setback of 30 feet to 26.85 feet for an existing single family residence located at 467 Kendall Drive on Marco Island. (2) Petition V-96-31, Daniel Tetlow, Jr., requesting a Tabled until the next LDC 7.25 foot dimensional variance from the side yard setback cycle completed 5/0 requirement of 7.5 feet to allow an existing single family dwelling unit to remain at .25 feet from the westerly side property line in an RSF-4 Zoning District for property located in Naples Manor Subdivision, Unit 1, Block 4, Lot 8, Sec. 29, T50S, R26E. (3) Petition CU-96-25, Agnoli, Barber & Brundage, Inc., Res. 97-142 Adopted representing Community Congregational United Church of w/stipulations 5/0 Christ, requesting Conditional Use "7" and "11" of the "A" Zoning District for church expansion and accessory uses and a child care center for property located at 15300 Tamiami Trail North in Sec. 9, T48S, R25E, consisting of 5 acres, more or less. (4) Petition V-96-28, John Grissom representing Landmark Tabled until LDC Communities, c/o Mike Jeppesen requesting a 1.94 foot amendments are completed dimensional variance from the rear yard setback 3/2 (Commsrs. Constantine requirement of five (5) feet for an accessory structure and Hancock opposed); in a PUD zoning district for property located in Queen's Staff to work /Dev. Park Subdivision at Lago Verde, Phase Seven, Lot 189, Services Adv. committee re Sec. 18, T50S, R26E. (Continued from the meeting of surveys. 1/28/97) (5) Petition V-96-30, Joel E. Metts representing Francis Res. 97-143 - Adopted 5/0 A. Oakes of Oakes Produce Market requesting a variance of 15 feet from the required side yard setback of 15 feet to -0- feet for a property located at 2205 Davis Boulevard. B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. ECO System Restoration Task Force to meet at the Chairman to sign a letter Conservancy on March 4 regarding Lake Trafford in support of this matter. B. Discussion regarding Public Access Television No interest by Commission C. House Bill 207 re Florida Retirement System Resolution to be brought back opposing said bill D. Discussion regarding Golden Gate Estates and park site Real Property Department owned by Avatar. to look at this piece of property. E. Transportation network and traffic flow re light at Staff to explore altering 5 February 25, 1997 Bear's Paw signal during off peak hours and talk with City. 15. STAFF'S COMMUNICATIONS A. Discussion regarding LDC amendments. May 21, and June 4, 1997 to be night meetings. B. Letter from DCA re Hurricane Andrew and reimbursement Recognition given to procedures which has now been closed out. Ed Finn for his efforts. 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 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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve Lien Resolutions for the following: (a) Code Enforcement Case No. 61002-026; owner of Res. 97-97 record - Eugenio Lopez and Susana Lopez. (b) Code Enforcement Case No. 61010-028; owner of Res. 97-98 record - E. B. Bassichis, et ux. (c) Code Enforcement Case No. 60905-057; owner of Res. 97-99 record - Leonard J. Bubri, Nickolas Karalis. (d) Code Enforcement Case No. 60613-013; owner of Res. 97-100 record - Richard F. McCullough. (e) Code Enforcement Case No. 60529-077; owner of Res. 97-101 record - Richard F. McCullough. (f} Code Enforcement Case No. 60223-087; owner of Res. 97-102 record - Maurice C. Rix. (g) Code Enforcement Case No. 60326-005; owner of Res. 97-103 record - The New York Times Co. (h) Code Enforcement Case No. 60502-052; owner of Res. 97-104 record - Donald M. Thompson. Withdrawn (i) Code Enforcement Case No. 60515-007; owner of Withdrawn record - R. K. Realty of FL, Inc. 6 FebruarV 25, 1997 (j) Code Enforcement Case No. 60521-015; owner of Res. 97-105 record - Antonio L. Quintana. (k) Code Enforcement Case No. 60617-036; owner of Res. 97-106 record Charles E. Duquet. (1) Code Enforcement Case No. 60619-021; owner of Res. 97-107 record - Lloyd G. Sheehan, Tr. (m) Code Enforcement Case No. 60621-029; owner of Res. 97-108 record Claude E. Schollaert. (n) Code Enforcement Case No. 60626-055; owner of Res. 97-109 record - E. Scott Herring and Deborah L. Herring. (o) Code Enforcement Case No. 60701-105; owner of Res. 97-110 record - Georges Verberr Est. (p) Code Enforcement Case No 60718-017; owner of Res. 97-111 record - Roberto C. Onofre. (q) Code Enforcement Case No 60718-019; owner of Res. 97-112 record - Michael R. Fredrickson, Virginia Fredrickson. (r) Code Enforcement Case No 60722-065; owner of Res 97-113 record - Antonio Marulanda and Flor Marulanda. (s) Code Enforcement Case No 60806-124; owner of Res 97-114 record - Guiseppe Donofrio. (t) Code Enforcement Case No 60808-016; owner of Res 97-115 record - Maurice Tremblay. (u) Code Enforcement Case No 60808-023; owner of Res 97-116 record - John C. Garrison, Jr., Virginia Garrison. (v) Code Enforcement Case No. 60809-010; owner of Res 97~117 record - Nasser Nasser, Hayel Massoud. (w) Code Enforcement Case No. 60819-020; owner of Res 97-118 record - Phillip Pierre, Matthew Hendrick. (x) Code Enforcement Case No. 60822-062; owner of Res 97-119 record - Fred C. Kramer, Sr., Est. (y) Code Enforcement Case No. 60827-048; owner of Res 97-120 record - Vincent Solimine and Marilyn A. Solimine. (z) Code Enforcement Case No. 60829-024; owner of Res 97-121 record - Lockport Transport Serv. Inc. (aa) Code Enforcement Case No. 60829-036; owner of Res 97-122 record ~ Benito F. Recio. 7 FebruarV 25, 1997 (bb) Code Enforcement Case No. 60830-074; owner of Res 97-123 record - Herman Schumacher and Ilse Schumacher. (cc) Code Enforcement Case No. 60905-042; owner of Res 97-124 record - Rose L. Casteel. (dd) Code Enforcement Case No. 60905-052; owner of Res 97-125 record Katy E. Mullen Estate. (ee) Code Enforcement Case No. 60911-028; owner of Res 97-126 record - Zbigniew Tomszay and Dorila M. Tomszay. (ff) Code Enforcement Case No. 60913-048; owner of Res 97-127 record Thomas Sanzalone, et ux. (gg) Code Enforcement Case No. 60913-049; owner of Res 97-128 record - Kelly Ann Mohn, James O. Mohn, II. (hh) Code Enforcement Case No. 60919-043; owner of Res. 97-129 record - Daniel R. Meyer, Tr. (ii) Code Enforcement Case No. 61001-100; owner of Res. 97-130 record - Barbara K. Hamory. (jj) Code Enforcement Case No. 61017-060; owner of Res. 97-131 record - Maria Victoria Pimienta. (kk) Code Enforcement Case No. 61104-023; owner of Res. 97-132 record - Thomas J. Gaetano. (2) Water and sewer facilities acceptance for Village w/stips. Walk, Phase 5-A. (3) Appropriate carry forward funds received from private donations for the Building Immokalee Together Project. (4) Recommendation to approve the final plat of w/ stips. & Construction "Southwest Professional Health Park". and Maintenance Agreement (5) Recommendation to approve for recording the final w/ stips., Construction plat of Johnnycake Cove. and Maintenance Agreement & Cash Bond as security B. PUBLIC WORKS {1) Approve a Change Order No. 1 for professional legal In the amount of $1,500.00 service to review and consolidate Collier County Utility ordinances. (2) Approve the Lease Agreement with Big Cypress Staff public meeting to be Elementary School for use of their cafeteria. held 2/26/97 re Golden Gate Blvd. widening 8 February 25, 1997 (3) To recognize and appropriate current year revenue for the Airport Road Median Project #60121. (4) Recommendation to waive the purchasing policy and In the corrected amount of authorize Staff to approve a right-of-way permit and $127,180.00 purchase order in the amount of $196,480 for roadway improvements to Orange Blossom Drive from Goodlette-Frank Road to the entrance to the Crossings/Villages of Monterey. (5) Recommendation to approve the lease purchase of one Award to Linder Industrial articulating four-wheel drive front end loader in Machinery in the amount of accordance with Bid No. 97-2618. $80,885.96 (6) Recommendation to approve the lease purchase of one, Award to Kelly Tractor in three ton track hoe in accordance with Bid #97-2617. the amount of $33,500.00 (7) Recommendation to approve the lease purchase of four Award to Wallace crew cab flat bed dump trucks in accordance with Bid No. International, in the 97-2616. amount of $150,604.00 (8) Recommendation to approve the lease purchase of (4) Award to Wallace five cubic yard dump trucks in accordance with Bid International, in the 97-2615. amount of $136,120.00 (9) Recommendation to approve and execute the Notice of Claim of Lien for the enforcement of the Notice to pay water and sewer impact fee statement for a property located in the Wyndemere Subdivision. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners In the amount of award the contract to make improvements at Frank E. $57,767.00 Mackle Jr. Community Park Community Center to Chris Tel Company General Contractors. (2) Recommendation that the Board of County Commissioners Res. 97-133 approve the use of Library funds for discretionary purchases in the areas of equipment, supplies, entertainment, rentals, paper goods and food to be used in support of children's and special Library programs. Further, that the Board of County Commissioners adopt the attached budget amendment for such purchases in this fiscal year. (3) Recommendation that the Board of Collier County Commissioners approve the attached budget amendment that provides funding from within existing Library impact fee funds for the purchase of land for a new northern regional library. (4) Recommendation that the Board of Collier County Commissioners exercise the renewal clause extending use 9 February 25, 1997 of twenty (20) parking spaces on the County Government complex for use by the St. Matthews House facility located in the old East Naples Fire Station. (5) Recommendation to approve a Stipulated Final Judgment In the amount of $5,114.00 for the Defendant, Southern States Utilities, attorney fees and costs in the Circuit Court case of Collier County v. Point Marco Development Corporation, et al., Case No. 92-4315-CA-01-DRM. (6) Recommendation that the Board of County Commissioners authorize the Chairman to execute an agreement, following proper formatting and any minor amendment by the County Attorney's office, between the County and the Ford Motor Company for the continued use of a van for the Veteran's Transportation Program. D. SUPPORT SERVICES (1) Report to the Board regarding emergency repairs to In the amount of the Immokalee Jail, Naples Jail, and Building "K" Ice $12,500.00 Machine Chiller. (2) Recommendation that the Board of County Commissioners approve and execute the Satisfactions of Notice of Promise to pay and Agreement to extend payment of Water and/or Sewer Impact Fees. (3) Recommendation that the Board of County Commissioners approve and execute the Notice of Promise to Pay and Agreement to Extend Payment of Sewer System Impact Fees. (4) Recommendation to approve a maximum expenditure of $350 from the GAC Land Trust for purposes of purchasing shovels for the Collier County Sheriff's Office. (5) Request for the Board of County Commissioners to authorize removal of certain accounts receivable accounts from the books and records. E. COUNTY MANAGER 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 ATTOPa~EY (1) To approve and execute satisfaction of lien for weed 10 FebruarV 25, 1997 abatement lien created in 1984 against unit 3, block 96, lot 19, Golden Gate City. 17. ADJOURN 11 FebruarV 25, 1997