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Recap 03/11/1997 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 11, 1997 9~00 a.m. NOTICEx ALL PERSONS WISHING TO SPEAK ON ANY AGENEA ITEM MUST REGISTER PRIOR TO SPEAKING. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGERDA 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 TEAT 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 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes 5/0 4. APPROVAL OF MINUTES Approved as presented - 5/0 February 18, 1997 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) Proclamation proclaiming March 9-15, 1997 as Friends Adopted ~ 5/0 of Barefoot Beach Week, (2) Proclamation proclaiming March 9-15, 1997 as Know Adopted - 5/0 Your Government Week. To be accepted by Shauna 1 March 11, 1997 Douglas and Shelli Douglas. (3) Proclamation recognizing Pilot Paul Curtis for his Adopted ~ 5/0 outstanding flight hour achievement and continuing dedication. To be accepted by Pilot Paul Curtis. B. Service Awards Presented Maria Sillery - Stormwater Management 10 years Robert Wiley OCPM ~ 10 years Roger Tompkins - Road and Bridge ~ 5 years C. Presentations Recognized {1) Recommendation to recognize Edward Torroni, Parks & Recreation Department, Public Services Division, as Employee of the Month for March 1997. Added (2) Presentation of Safe Drive Awards (Staff's request) Presented 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. COMMI~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Staff review and recommendations relative to Res. 97-160 granting a two Ordinance 91-44, as amended, also known as Arrowhead PUD year extension - Adopted which, according to the required PUD Status Report 5/0 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. Added (2) Water and Sewer facilities acceptance for Naples Approved - 5/0 Heritage, Phase One-B (Staff's Request) B. PUBLIC WORKS (1} Adopt a Resolution urging the 1997 Florida Res. 97-161 - Adopted 5/0 Legislature to create a Dedicated Funding Source for Statewide Beach Management and support House Bill 103. Added 2 March 11, 1997 (2) Award a Construction Contract to Saltsman Awarded in the amount of Construction, Inc., for S.R. 29 canal crossing $229,067.00 5/0 improvements, Bid 97-2638 (Staff's Request) C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY MANAGER (1) Approve sixty day extension to Agreement for 90 day extension approved Financial Advisory Services and provide direction and top 3 to be brought regarding the selection process for a new Financial back to BCC - 5/0 Advisor. (2) Report on revenues for the first quarter of Fiscal Presented Year 1997. 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider a settlement Settlement proposal proposal in Roberts v. Collier County, Case No. Not Accepted - 3/2 96-362-CIV-FTM-17, United States District Court for the (Commissioners Hancock and Middle District of Florida. Constantine opposed) Added B. Discussion regarding Senator Fred Dudley's request for County Attorney to draft the Board to consider and provide input on issues letter for Chairman's affecting proposed Senate Bill 402 authorizing use of signature to Senator Tourist Development Tax Revenues to acquire property for Dudley indicating that beach parking or beach access and to construct or improve these issues should be existing beach parking facilities or beach access areas, treated similar to other and authorizing the issuance of Bonds. (County Attorney) Category A tourist development taxes (Consensus) Added C. Request for Direction regarding the Collier County Code County Attorney's Office Enforcement Board Order entered in the Lely Barefoot to file a notice of appeal Beach Guardhouse case. (County Attorney) 5/0 10. BOARD OF COUNTY COMMISSIONERS A. Resolution of the Board of County Commissioners of Res. 97-162 Adopted 5/0 Collier County Florida, in support of Naples/The Naples Players Community Theatre project. 11. OTHER CONSTITUTIONAL OFFICERS Moved from Item #16H2 A. Recommendation to approve a grant application to the Approved in the maxmimum Florida Department of Health, Bureau of Emergency Medical amount of $28,350 for the Services for a quality assurance program. software only - 5/0 Moved from Item #16H3 3 March 11, 1997 B. Recommendation to approve a grant application to the Approved - 5/0 Florida Department of Health, Bureau of Emergency Medical Services for emergency medical dispatch training. PUBLIC COMMENT ON GENERAL TOPICS A. Discussion regarding public access television PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN ANENDNENTS B. ZONING AMENDMENTS (1) Petition PUD-97-2, Bob Thinnes and Q. Grady Minor of Ordinance 97-14 Adopted Q. Grady Minor & Associates, P.A., representing DeVoe 5/0 Family Limited Partnership and DeVoe's, Inc., requesting a rezone from C-3 to PUD to be known as DeVoe Pontiac PUD for an automobile dealership and all of the uses authorized in the C-3 intermediate commercial district for property located on the east side of Airport Road (C.R. 31) approximately 250 feet south of Glades Boulevard in Sec. 12, T50S, R25E. C. OTHER Continued to 3/2S/97 (1) Recommendation to adopt an ordinance to repeal and Continued to 3/25/97 supersede Collier County Ordinance No. 88-90, as amended, and hereby establish the County's new policy concerning telecommunication providers and services; also to provide for the regulation of telecommunication companies use of the public rights-of-ways within the unincorporated areas of Collier County; also providing general provisions; registration of telecommunications carriers and proriders; telecommunication license; telecommunication franchise (reserved); cable franchise; fees compensation; conditions of grant; construction standards; periodic evaluation, review and modification; repeal of Ordinance No. 88-90, as amended; conflict and severability; inclusion into the code of laws and ordinances; providing an effective date. (2) Petition AV 96-037 to vacate all easements and Res. 97-163 - Adopted dedications for public road rights-of-way, utilities and contingent upon the 2 drainage in the Woodlands DRI/PUD located in Section 21, easements in Section 21E Township 48 South, Range 26 East, Collier County, being withheld pending Florida. owners in Section 22 having other legal access. 4/1 (Commissioner Constantine opposed)- 4 March 11, 1997 (3) Petition AV 96-035 for the vacation of two (2), 12 Res. 97-164 Adopted 5/0 foot utility and drainage easements on Lots 45, 46, and 47, Block 74, Golden Gate Unit 2, as recorded in Plat Book 5, Pages 65-77, of the Public Records of Collier County, Florida. 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS Continued to 4/8/97 (1) Petition V-96-25, Todd Pressman representing J. H. Continued to 4/8/97 Williams Oil Co., Inc., requesting a 37 foot side yard variance from the required side yard setback of 40 feet established for car washes in the C-4 Zoning District to 3 feet for a property located at 1095 North Collier Boulevard on Marco Island. (2) Petition V-96-33, John P. Asher, P.E., of Coastal Res. 97-165 Adopted 4/0 Engineering Consultants, Inc., representing EL Partners (Commissioner Mac'Kie of Naples, Inc., requesting a 10 foot variance from the abstained) required multi-family rear yard accessory setback of 20 feet to 10 feet for construction of a swimming pool for property located on Bonita Beach Road (C.R. 865) further described as a parcel of land situated in the northwest quarter of Section 5, T48S, R25E, consisting of 5.6 acres, more or less. (3) Petition V-96-32, Darren M. Taylor requesting a 25 Res. 97-166 - Adopted 5/0 foot variance to the required 75 foot front yard setback to 50 feet and a 25 foot variance to the required 75 foot rear yard setback to 50 feet for property located at 501 Donna Street, further described as Lot 1 less the north 250 feet, Coconut Creek Estates, Unit 2, in Sec. 1, TSOS, R25E. (4) Petition CU-96-27, Terrance Kepple of Kepple Res. 97-167 with item C Engineering representing Unitarian Universalist being deleted ~ Adopted Congregation of Greater Naples, Inc., requesting 5/0 Conditional Use 2.2.3.3.1 in the "E" Estates Zoning District in order to increase the seating capacity of the existing church from 150 to 300, provide a new fellowship hall and Sunday school classroom and increase the total building size from 4,300 square feet to 23,000 square feet for property located between 10th Avenue S.W. and 12th Avenue S.W., adjacent to Interstate 75, south of Pine Ridge Road (C.R. 896), Tracts 6 and 7, Golden Gate Estates, Unit 33, consisting of 6.79 acres. B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 1. Discussion of Article V funding Discussed 5 March 11, 1997 2. Letter to Black Affairs Advisory Board regarding the Discussed minority issues of the selection of a County Manager 3. Discussion regarding WNOG and hurricane needs Staff to look into matter. 15. STAFF'S COI~I;NICATIONS 1. Neighborhood park property being sold by Avatar. Avatar to pull property from Auction and Parks & Recreation Advisory Board to look at these parcels 2. Discussion regarding Landfil tonnage Discussed 3. Discussion regarding amendment to Code Enforcement Staff to advertise Ordinance amendment 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) This item has been deleted. Deleted (2) Water facilities acceptance for Autumn Woods Sales With Cash Bond & Trailer. stipulations (3) Recommendation that the Board of County Commissioners approve a Memorandum of Understanding with the Southwest Florida Regional Planning Council (SWFRPC) to participate in a study to address farmworker housing and social infrastructure needs to support agricultural growth in Southwest Florida. (4) Recommendation to grant final acceptance of the Res. 97-156 roadway, drainage, water, and sewer improvements for the final plat of "Hawksridge Unit Two". (5) Recommendation to grant final acceptance of the Res. 97-157 roadway, drainage, water and sewer improvements for the final plat of "Quail Walk, Phase Three". (6) Recommendation to grant final acceptance of the Res. 97-158 6 March 11, 1997 roadway, drainage, water and sewer improvements for the final plat of "Longshore Lake, Unit 5Bl". (7) Recommendation to grant final acceptance of the Res. 97-159 roadway, drainage, water and sewer improvements for the final plat of "Longshore Lake, Unit 5B2" (8) Water facilities acceptance for New Hope Ministries. Subject to cash bond in the amt. of $1,560.00 and stipulations (9) Recommendation to approve Excavation Permit No. w/stipulations 59.572 "Heron Park Apartments" located in Sec, 12, T50S, R25E, bounded on the north by St. Matthews House and The Glades Apartments, on the east by The Glades Apartments, on the south by Collier County Government Center and Gallman Pontiac Dealership, and on the west by Airport Road and commercial properties. Continued to 3/25/97 (10) Recommendation to approve for recording the final Continued to 3/25/97 plat of Heritage Greens f/k/a Dove Points. B. PUBLIC WORXS (1) Recommendation to recognize and appropriate a portion In the amount of $71,800 of FY 96/97 carry forward to Operating Fund (131) Marco Island Beautification M.S.T.U. District, for continued sod/median landscape refurbishment. (2) Recommendation to amend the existing contract for $10,000.00 private construction of additional pathway locations for the donation accepted; County-wide Pathways I Project, Bid #97-2621. Bonness, Inc. contract amended in an amount not-to-exceed $145,998.85 (3) Award a Contract for Bid No. 97-2628 Marco Island Subject to state and Beach Renourishment to Lake Michigan Contractors, Inc., federal permits on or in the amount of $397,000. before 3/17/97 (4) Recommendation of speed limit changes to the roadways as listed below in conformance with Board Action on 8/6/96 and Resolution 96-340, allowing residential roadway speed limit reductions to twenty-five miles per hour (25 mph}: Whitehurst's Plat, PB, P5 (all roadways); Haldeman River Subdivision, PB,2,PG 87 (all roadways); Palm River Estates Subdivision (all roadways); 41st Terrace SW (between 23rd PL SW and 20th PL SW). (5) Approve final ranking of consultants and Professional In the amt. of $53,920.00 Services Agreement with Missimer International, Inc. for a groundwater salinity barrier feasibility study, RFP No. 96-2600. C. PUBLIC SERVICES 7 March 11, 1997 D. SUPPORT SERVICES (1) This Item Deleted. Deleted (2) Request approval of recommendation of budget amendment for Fund 518, Workers' Compensation Insurance. (3) Request Board to authorize Chairman to sign State of Florida 75/25 Matching Grant Application. (4) Recommendation to transfer funds from General Fund In the anticipated amt. of Reserves to pay costs of hiring a new County $15,500.00 Administrator. E, COUNTY MANAGER F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE (1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 92-1221-CFA, 96-10350-MMA, 96-1094-MMA, 96-7677-MMA, 96-6969-MMA, 96-1585-MMA, 96-5569-MMA, 96-1772-CFA, 95-8549-MMA, 95-6827-MMA, 96-9577-MMA, 96-8547-MMA, 96-10357-MMA, 92-818-MI, 91-138-MMA, 88-3760-TM, 82-731-TM, 90-513-CF, 86-811-CF, and 90-2042-CFA. RECOMMEND APPROVAL. (2) Cancellation of Lien: NEED MOTION authorizing the Chairman to sign Cancellation of Lien for services of the Public Defender for Case No. 96-10222-MMA. RECOMMEND APPROVAL. (3)Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS (1) Recommendation to issue an astrology permit to Anna Astrology Permit 97-1 Marie Nicholas. (Clerk of Courts) Moved to Item #11A (2) Recommendation to approve a grant application to the Florida Department of Health, Bureau of Emergency Medical Services for a quality assurance program. Moved to Item #11B (3) Recommendation to approve a grant application to the Florida Department of Health, Bureau of Emergency Medical Services for emergency medical dispatch training. I. COUNTY ATTORNEY 8 March 11, 1997 17. ADJOURN 9 March 11, 1997