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Recap 07/22/1997 RBOTTOM ALL Page \p July 22, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 22, 1997 9:00 A.M. NOTICE: 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 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 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes - 5/0 4. APPROVAL OF MINUTES A. June 10, 1997 - Regular Meeting B. June 17, 1997 - Regular Meeting C. June 18, 1997 - Budget Workshop D. June 19, 1997 - Budget Workshop E. June 23, 1997 - Budget Workshop F. June 24, 1997 - Regular Meeting Approved as Presented - 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Pablo Salinas - Parks & Recreation - 20 years. 2) Albert Compton - Building Review & Permitting - 10 years 3) Richard Noonan - Building Review & Permitting - 10 years 4) Ramiro Ponce - Road & Bridge - 10 years 5) Judith Radi - Social Services - 10 years Presented C. PRESENTATIONS 1) Recommendation to recognize Roy Lewis, Fleet Management, Facilities Management Department, Support Services Division, as Employee of the Month for July 1997. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval for Collier County's sponsorship of ISTEA Transportation Enhancements Projects. Approved 5/0 B. PUBLIC WORKS 1) Recommend that the Board of County Commissioners adopt a Resolution and approve an Interlocal Agreement between the City of Everglades and Collier County. Res. 97-290 - Adopted 5/0 2) Approve additional funding for the South County Regional Water Treatment Plant Odor Control System. Approved 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Consideration of an employee tuition reimbursement policy. Approved with a $20,000 allocation - 5/0 2) This item has been deleted. 3) To adopt proposed millage rates for the FY 98 Collier County Budget. Res. 97-291 setting the county wide millage rate of 3.7316 - Adopted 3/2 (Commissioners Mac'Kie and Berry opposed) 4) Presentations and selection of Financial Advisory Firm. William R. Hough & Co. selected~ Staff to enter into annual fee negotiations and report back 9. COUNTY ATTORNEY'S REPORT A. Discussion regarding Charter School issue (Commissioner Mac'Kie) Discussed and Item to be heard again in its entirety next week B. Issue regarding clarity on accepting gifts. (Commissioner Mac'Kie) Discussed 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Contractor's Licensing Board. Res. 97-292 appointing Richard Joslin, Robert Meister, Jr., and Thomas Megger - Adopted 5/0 B. Discussion regarding extension of term on Airport Authority. Term of Neno Spagna extended to September 8, 1997 - Approved 5/0 C. Appointment of member to the Environmental Advisory Board. Res. 97-293 appointing Marco Espinar - Adopted 5/0 D. Appointment of member to the Golden Gate Beautification Advisory Committee. Res. 97-294 appointing Mark W. Houghton - Adopted 5/0 E. Discussion regarding Advisory Board Policy. County Attorney to amend policy to include that only the Commission can appoint or terminate members. F. Reconsideration of Audit regarding TDC funds for the golf tournament (Commissioner Mac'Kie) No action. 11. OTHER CONSTITUTIONAL OFFICERS A. Contract between the City of Naples and Collier County for the use of the specific county voting and ballot tabulation equipment for the city election of February 3, 1998. Approved - 5/0 PUBLIC COMMENT ON GENERAL TOPICS A. Jerry Berry regarding the increase for Parks & Recreation facilities. Item #16Cll to be reconsidered at June 29, 1997 meeting. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-97-3, Dwight Nadeau of McAnly Engineering and Design, Inc., representing James R. Colosimo, Trustee for the Ultimate Land Trust, requesting a rezone from "A" Agricultural and "MHO" to PUD to be known as Twin Eagles Golf and Country Club for a maximum of 275 dwelling units for property on the north and south sides of Immokalee Road (C.R. 846) in Secs. 17, 20, 29 and 30, T48S, R27E, consisting of 1,374.09 acres. Ord. 97-29 Adopted as amended 5/0~ Staff directed to meet with representatives of the Conservancy to discuss development within the rural area to be incorporated in the Growth Management Plan/Land Development Code 2) Petition R-97-1, Robert Self requesting a rezone from "A" Agricultural to "MH" Mobile Home for property located on the southwest corner of Carson Road and Curry Road in Immokalee in Sec. 31, T46S, R29E, consisting of 3.10 acres, more or less. Ord. 97-30 Adopted with stipulation 5/0 C. OTHER 1) Request for Board to consider adoption of an ordinance amending Ordinance No. 96-6, "The Utility Regulation Ordinance", by amending Subsections 1-3 (E) (1) and (2) to modify criteria required and preferred for appointment of applicants to become members of the Collier County Water and Wastewater Authority. Ord. 97-31 Adopted 5/0 2) Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance 96-83, the Collier County Building Construction Administrative Code. Ord. 97-32 Adopted 5/0 3) Petition DOA-97-1, William R. Vines of Vines & Associates, Inc., representing Pelican Strand Development Corp., requesting an amendment to Development Order 90-1 as previously amended by Development Order 90-7, Development Order 95-4, and Development Order 96-3 for Pelican Strand Development of Regional Impact (DRI) previously named Regency Village of Naples Development of Regional Impact (DRI); by amending Findings of Fact; by modifying acreages and land use intensities; and by amending Conclusions of Law and General Considerations for property located at the northwest intersection of Immokalee Road (C.R. 846) and 1-75 in Secs. 18 and 19, T48S, R26E. Res. 97-295/D.0.97-3 Adopted 4/0 (Comm. Norris abstained)~ Petition does not constitute an substantial change 4/0 (Comm. Norris abstained) 4) Funding of the Collier County Wastewater Management program. Approved 5/0 5) Adopt three (3) Resolutions to approve 201 Facilities Plan Update for the Collier County Wastewater Management Program, to authorize application for a State Revolving Fund Loan, and to approve a Process for Resolving Disputes. Res. 97-296/CWS-97-3 Adopted 5/0~ Res. 97-297/CWS-97-4 Adopted 5/0~ Res. 97-298/CWS-97-5 Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-97-5, Anthony Pires of Woodward, Pires & Lombardo, P.A., representing Nicholas J. and Gaetane C. Desante requesting an after-the-fact variance of 3.2 feet from the required side yard setback of 30 feet to 26.8 feet for an existing single family residence located at 571 Carica Road in Pine Ridge Extension Subdivision. Res. 97-299 Adopted 5/0 2) Petition A-97-3, R. Bruce Anderson of Young, vanAssenderp & Varnadoe, P.A., representing Ultimate Land Trust, James R. Colosimo, Trustee, requesting an appeal to the Board of Zoning Appeals of Interpretations 1-96-7 and 1-97-1 to preserve rights and standing as a substantially affected party in consideration of the above administrative interpretations in which the Collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Withdrawn by petitioner 3) Petition A-97-4, Nancy Anne Payton, Florida Wildlife Federation, requesting an appeal to the Board of Zoning Appeals of Interpretation 1-97-1 in which the Collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Dismissed 4/1 (Comm. Mac'Kie opposed) 4) Petition A-97-5, Bradley Cornell representing Collier County Audubon Society, requesting an appeal to the Board of Zoning Appeals of Interpretation 1-97-1 in which the Collier County Planning Services Department Director found that residential planned unit developments at a gross density of one dwelling unit per five acres within the agricultural/rural designated lands of the Future Land Use Map are consistent with the Growth Management Plan. Dismissed 4/1 (Comm. Mac'Kie opposed) B. OTHER 1) Petition CU-95-1, Terrance L. Kepple representing the Southeastern Conference Association of the Seventh Day Adventist Church requesting an extension of Conditional Uses "7" and "10" of the "A" Agriculture Zoning District to allow for a church and school facility that has previously received Conditional Use approval for property located on the north side of Sabal Palm Road in Sec. 24, TSOS, R26E, consisting of 10.1 acres. Res. 97-300 Adopted 5/0 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Statement by Commissioner Norris regarding Naples Stadium. 15. STAFF'S 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 form the Consent Agenda and considered separately. Approved and/or Adopted - 5/0 with changes A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Queens Park at Lago Verde, Phase Seven". Res. 97-287 2) Authorization to terminate Contract #94-2271 for the purpose of executing a Settlement Agreement and Mutual Release Agreement and a Maintenance and Support Agreement between Perconti Data Systems, Inc., and Collier County. B. PUBLIC WORKS 1) Recommendation to adopt a Resolution authorizing the acquisition of permanent drainage easements by gift in support of the proposed improvements to S.R. 29 - Immokalee drainage canal. Res. 97-288 2) Approve a Stipulated Order for defendant's attorney fees and costs, Collier County and the Collier County Water-Sewer District V. Kinsley, Et. AL, Case No. 96-1315-CA-01-DRM, Parcel numbers 901A, 706A, 906A, 706B, 906B, 706C, 906C, 706D and 906D, Olde Florida Golf Club, Inc. and OFC of Naples, Inc., North County Regional Water Treatment Plant Expansion (Wellfield) Eminent Domain Case. In the amount of $3,220.00 3) Approve Work Order #VC-97 with the Varian Construction Company for the Tigertail Park Facility In the amount of $111,356.00 4) Recommendation to reimburse Regent Park Master Association for damages to the front entrance of the Regent Park Subdivision during construction of the Immokalee Road 4-Laning Project. In the amount of $4,000.00 5) Approve final negotiated bid quote for roadside improvemeets along Vanderbilt Drive between Vanderbilt Beach Road and 111 Avenue. Contract w/Smallwood Landscaping, Inc., in the amount of $187,170.00; Alternate contract w/Smallwood Landscaping, Inc, in the amount of $148,170.00 & Green Heron Landscapes, Inc. in the amount of $39,000.00; New total budget of $399,249.00; Contracts w/Butler Engineering, Inc., in the maximum amount of $3,500.00 & Vanasse, Daylor and Botner, LLP, in the maximum amount of $9,500.00 6) Award a contract for the construction of Park Pavilions for Sugden Park at Lake Avalon, Bid No. 97-2677. w/High Point General Contracting, Inc., in the amount of $242,554.00 7) Approve and execute a Joint Interlocal Supplemental Agreement with Lee County for Perpetual Maintenance of Median Landscape Improvements along the Bonita Beach Road Four Lane Corridor, CIE Project No. 031. w/annual payment of $35,000.00 plus contingency costs to Lee County 8) Approve a Stipulated Order for acquisition of Right-of-Way Parcel No. l17A for the Vanderbilt Beach Road Four Laning Project. w/stipulation C. PUBLIC SERVICES 1) This item has been deleted. 2) Recommendation that the Board of County Commissioners approve the attached budget amendment recognizing funds received from an insurance claim. 3) Authorization to approve an extension of an agreement with the Southeastern Library Network (Solinet) for the provision of on-line library cataloging and permission for Chairman to sign agreement. 4) Recommendation that the Board of County Commissioners approve a lease agreement between Collier County and Lee Cypress Water and Sewer Co-op, Inc. 5) Recommendation that the Board of County Commissioners name the soon-to-be completed Medical Examiner's facility, the David A. Engstrand, M.D. Memorial Building. 6) Recommendation that the Board of County Commissioners approve a resolution regarding execution of Medicaid waiver referral agreements for the Services for Seniors program. Res. 97-289 7) Recommendation that the Board of County Commissioners approve the recommendation for the Golden Gate Community Center Supervisor. 8) Recommendation that the Board of County Commissioners approve a contract with Big Wave International, Inc., for services at Youth Nights for the Collier County Parks and Recreation Department. In the amount of $2,500.00 9) Recommendation that the Board of County Commissioners approve budget amendments to align Parks capital project budgets with FY-97 forecast expenditures. 10) Recommendation that the Board of County Commissioners approve the attached Continuum of Care Plan developed regarding the provision of homeless services throughout Collier County. 11) Recommendation that the Board of County Commissioners adopt a Resolution to amend the Collier County Parks and Recreation Facilities License and Fee Policy and superseding Resolution Nos. 96-364, 96-467 and 96-556. To be put on regular agenda on 7/29/97 D. SUPPORT SERVICES 1) Recommendation that the Board of County Commissioners approve a Limited Use License Agreement between Collier County and Octagon Sequence of Eight, Inc. 2) Recommendation that the Board of County Commissioners approve and accept a drainage easement located in Conner's Vanderbilt Beach Estates, Unit No. 3, as recorded in Plat Book 3, Page 89. E. COUNTY ADMINISTRATOR 1) Acceptance of agenda items approved by the County Administrator during the Board's recess. a) Recommendation to award Bid No. 97-2678 for the purchase of expendable medical supplies for the Emergency Medical Services Department Award to various vendors in the approximate amount of $80,000.00 b) Recommendation that the Board approve an amendment to recognize Emergency Medical Services matching grant funds awarded for software and hardware for EMD Quality Assurance In the amount of $26,962.50 c) Recommendation to install electric circulating fans in the Main County Jail In the total amount of $26,375.00 d) Recommendation to enchance the security of the Administration Building by installing card access in both elevators In the amount of $9,850.00 e) Endorsement of the Collier County Sheriff's Office final Categorical Assistance Progress Report on the United States Department of Justice Church Arson Prevention Grant Program award f) Recommendation that the Board of County Commissioners approve the waiving of tipping fees for the cleanup of the East Naples Triangle g) To obtain Board of County Commissioners approval of a budget amendment for purchase and installation of equipment to connect the Solid Waste Department to the County computer network In the amount of $7,800.00 h) Budget Amendments B.A.'s 97-298, 97-302, 97-308, 97-309 & 97-311 i) Recommendation to declare County-owned property as surplus and accept the offers received for the sale of surplus AIS Hardware under Bid #S97-2664 j) Recommendation to approve a Budget Amendment reducing revenues in the Emergency Management Budget Reduced revenues in the amount of $1,000.00 k) Recommend the Board of County Commissioners reject Bid #96-2590, and authorize Staff to re-bid the personal computer repair services contract 1) Recommendation to approve a Budget Amendment for multiple air condition repairs pertaining to the Immokalee Jail, Immokalee Fitness Center and the Administration Building, Seventh Floor In the total amount of $11,202.00 m) Budget Amendments B.A.'s 97-319, 97-321 & 97-330 n) Petition AV-96-030, Leland Dysart as agent for owner, Marbella at Pelican Bay, Inc., requesting vacation of a portion of the drainage easement recorded in O.R. Book 790, Page 1803 and O.R. Book 1419, Page 234 of the Public Records of Collier County, Florida and shown on the Pelican Bay Bend, Plat Book 28, Pages 16 through 18, inclusive of the Public Records of Collier County, Florida o) Recommendation to appropriate revenues in excess of the budget for Isles of Capri Fire, Fund (144), transfer funds from reserves p) Amend contract with the Marco Island Chamber of Commerce, Inc., to permit payment of invoices from previously approved contracts brought forward to the 1997 contract and reduce the budget by $46,752.51 for payments made from the 1996 Contract, Tourist Development Category B Funds q) To request approval from the Board of County Commissioners to transfer funds from 301 reserves to the 800 MHZ Project budget in order to fund a request or 800 MHZ radios from the Office of the State Attorney r) Request Board approval to award Bid Number 97-2681 "As 350 B2 Helicopter Spare Parts" to Azzmac Helicopter Center, Inc. In the estimated amount of $40,000.00 2)Budget Amendment Report. B.A. 97-335 F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Liens NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 81-2196-TM, 81-2196-TM, 82-19-MMA, 83- 61-CFA, 83-61-CFA, 97-105-CFA, 95-8392-MMA, 96-733-CFA, 96- 10054-MMA, 96-1051-CFA, 97-1761-MMA, 96-7622-MMA, 97-437-MMA, 96-129-CFA, 96-8652-MMA, 96-10326-MMA, 96-749-MMA, 96-10501- MMA, 96-10358-MMA, 96-10315-MMA, 96-7487-MMA, 96-1103-CFA, 96- 10018-MMA, 96-1840-CFA, 96-7327-MMA, 96-2303-CFA, 97-1808-MMA, 96-5148-MMA, 96-1993-CFA, 96-10032-MMA, 97-1424-MMA, 96-5586- MMA, 96-10201-MMA, 96-2359-CFA, 96-6773-MMA, 96-9697-MMA, 96- 9378-MMA, 96-9376-MMA, 96-1136-CFA, 97-3502-MMA, 97-2596-MMA, 96-9866-MMA, 96-10315-MMA, 96-10501-MMA, 96-10358-MMA, 96-4544- MMA, 91-924-TM, 90-4638-MMA. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY 17. ADJOURN