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Recap 07/29/1997 R COLLIER COUNTY BOARD OF COUNTY COMI~ISSIONERS AGENDA July 29, 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 AGENDAAND CONSENT AGENDA Approved and/or adopted with changes - 5/0 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS B. SERVICE AWARDS 1) Robert Mayberry - Ochopee Fire Control - 20 years. 2} James Thomas - Parks & Recreation - 20 years. 3) Joseph Chirico - Road & Bridge - 15 years 4) Harry Alkire - Stormwater - Aquatic - 10 years 5) Willie Bullard - Traffic Operations - 10 years 6) Evelyn Ferguson - Department of Revenue - 10 years 7) Patrick Webb - Facilities Management - 10 years 8) Edwin Barroso - Parks & Recreation - 5 years Page 1 July 29, 1997 9) Bruce Sansone - Parks & Recreation - 5 years 10)Brian Swindale - EMS - 5 years Presented C. PRESENTATIONS Added 1. Presentation by the Court Administrator regarding the reimbursement from the violent Crime Council for the Cracker Barrel Case. Mark Middlebrook presented a check in the amount of $30,707.10 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Request the Board reconsider the Developer Contribution Agreement with Commercial Development Corporation (CDC), previously approved with stipulation on June 24, 1997, to incorporate a revised stipulation requested by developer. Approved 5/0 Moved from Item #16B2 2) Recommendation that that Board authorize proceeding with judicial action for Prescriptive Easement Rights for Collier County and the public to a segment of roadway known as Miller Boulevard Extension and to direct staff to approach property owners to donate easement interests to Collier County. Approved 5/0 C. PUBLIC SERVICES 1) Consider the proposed neighborhood park options for Tract 179 in Golden Gate and provide staff with direction. Staff directed to pursue purchase & improvements with General Fund revenue based on County Attorney review and to be repaid by proposed MSTU within 18 months or property to be sold~ Appraisals waived - 5/0 2) 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. (Continued from 7/22/97 meeting.) Res. 97-301 - Adopted 3/2 (Commissioners Constantine and Berry opposed) Page 2 July 29, 1997 D. SUPPORT SERVICES 1) Revision of the Collier County Fire Control Contractual Agreements. Approved 5/0 E. COUNTY ADMINISTRATOR 1) Approve contract with Visit Naples, Inc. for a maximum of $1,047,358 Economic Disaster Recovery Program, Tourist Development funds and expenditures of $6,850 for annual preparation work. Approved 5/0 Added 2) Adopt a resolution and fixing the date, time and place for the public hearing for approving the special assessment against properties within Pelican Bay. (Staff's request) Res. 97-302 setting date of Tuesday, September 9, 1997 at 6=00 P.M. at Pelican Bay - Adopted 5/0 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS A. Update regarding Army Corps of Engineers (PEIS) by Chairman Timothy L. Hancock. Final report to be brought back 8/5/97. Added B. Discussion regarding the request for reconsideration of the utility regulation ordinance. (Commissioner Constantine) To be brought back on 8/5/97 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Marilyn Bell re agenda changes PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Petition CP-97-1, Martin D. Pinckney, P.E., representing Martin Frimberger/Amy Jerde, requesting a small scale amendment to the Marco Island Future Land Use Map of the Marco Island Master Plan, an element of the Growth Management Plan, to change the land use designation from low density residential to community commercial on .54 acres of property. Denied 5/0 Page 3 July 29, 1997 B. ZONING AMENDMENTS C. OTHER 1) Petition AV 97-013 to vacate all public road rights of way and utilities easements and dedications within that portion of Championship Drive (F/D/A Marriott Club Drive) lying east of the Collier County Water-Sewer District Pump Station; Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club Center Boulevard (F/K/A Championship Drive), as shown on the Marco Shores Unit 30 Golf Course Plat; and that certain 60 foot Roadway Easement recorded at O.R. Book 1557, Page 2335, ET SEQ; all located in Sections 14 & 15, Township 51 South, Range 26 East, Collier County, Florida. Continued to August 5, 1997 2) Recommendation to the Board of County Commissioners to consider the application submitted by Mediaone Enterprises, Inc. for the renewal of a cable franchise. Continued to August 5, 1997 3) Recommendation to adopt a Backflow Cross-Connection Control Ordinance for the Collier County Water/Sewer and Goodland Water District. Ord. 97-33 utilizing Option 4 Adopted 4/1 (Comm. Constantine opposed) 4) Recommendation to adopt a Resolution approving amendments to the Fiscal Year 1996-97 Adopted Budget. B.A.R. 97-3 Adopted 5/0 5) Recommendation to adopt a Resolution approving amendments to the Fiscal Year 1996-97 Adopted Budget. B.A.R. 97-4 Adopted 5/0 6) Petition CCSL-97-2, William L. Hoover, AICP, of Hoover Planning Shoppe, representing The Vanderbilt Beach Motel requesting a Coastal Construction Setback Variance to allow for construction to enclose the first floor of an existing structure for two meeting rooms (one with bar), motel offices, storage, and restrooms, located at The Vanderbilt Beach Motel, Lot 4, Block A, Conners Vanderbilt Beach Estates, Unit No. 1, Sec. 32, T48S, R25E. Continued to August 5, 1997 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition V-96-28, John Grissom representing Landmark Communities, c/o Mike Jeppesen, requesting a 1.94 foot dimensional variance from the rear yard setback requirement of five (5) feet for an accessory structure in a PUD zoning Page 4 July 29, 1997 district for property located in Queen's Park Subdivision at Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E. (Continued to the meeting of 9/9/97) 2) Petition V-96-31, Daniel Tetlow, Jr., requesting a 7.25 foot dimensional variance from the side yard setback 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, TSOS, R26E. Res. 97-303 Adopted 5/0 3) Petition CU-97-14, Paul Tateo, Trustee, as contract buyer for WR Realty Partners requesting Conditional Use "4" of the C-4 Zoning District for the establishment of a dry marina, new and used boat and equipment sales and related service work for property located at the intersection of Bald Eagle Drive and Windward Drive, further described as Lot 11, Block 776, Marco Beach, Unit 4 Replat, in Sec. 8, T52S, R26E, consisting of 0.94+/- acres. Res. 97-304 Adopted 5/0 4) Petition FDPO-97-1, William L. Hoover, AICP, of Hoover Planning Shoppe representing Vanderbilt Beach Motel requesting a 4.1 foot variance from the minimum required base flood elevation of 13 feet NGVD to 8.9 feet NGVD for property located at 9225 Gulf Shores Drive North. Continued to August 5, 1997 5) Petition NUC-97-2, Beau Keene, P.E., representing First Charter School of Collier County, Inc., requesting a non- conforming use change for use as a school and associated uses for property located at the southwestt~orner of the intersection of Golden Gate Parkway and 68 Street SW, consisting of +/- 5 acres. Res. 97-305 Adopted 4/0 (Comm. Mac'Kie abstained) B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Comm. Mac'Kie re Davis Triangle clean-up B. Comm. Constantine re Aug. 8, 1997 MPO meeting C. Comm. Hancock re employee parking in public area D. Comm. Hancock re letter to Clerk Brock re Intellinet audit 15. STAFF, S COMMUNICATIONS A. County Attorney re Marco Island hospital property Page 5 July 29, 1997 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 with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve the final plat of "Village Walk Phase Six". With stipulations and Construction & Maintenance Agreement and Letter of Credit 2) Recommendation to approve the final plat of "Avila, Unit One". With stipulations and Construction & Maintenance Agreement 3) Recommendation to approve the final plat of "Avila, Unit Two". With stipulations and Construction a Maintenance Agreement 4) Recommendation to approve the final plat of "Avila, Unit Three" With stipulations and Construction & Maintenance Agreement 5) Recommendation to approve the final plat of "Avila, Unit Five" With stipulations and Construction & Maintenance Agreement 6) Recommendation to approve the final plat of "Avila, Unit Six". With stipulations and Construction a Maintenance Agreement 7) Recommendation to approve the final plat of "Avila, Unit Four" . With stipulations and Construction & Maintenance Agreement B. PUBLIC WORKS 1) Request the Board authorize the Chairman to sign an Environmental Resource Permit Application necessary to carry out repairs to Bridge 030176 (Vanderbilt Drive over Big Horse Pass). Moved to Item #8B2 2) Recommendation that that Board authorize proceeding with judicial action for Prescriptive Easement Rights for Collier County and the public to a segment of roadway known as Miller Boulevard Extension and to direct staff to approach property owners to donate easement interests to Collier County. 3) Recommendation to schedule for advertisement an Ordinance Page 6 July 29, 1997 creating the Radio Road Beautification Advisory Committee; providing for appointment and composition; setting forth terms of office; providing for removal from office; failure to attend meetings; providing for officers, quorum, rules of procedure; providing for reimbursement of expenses; setting forth the functions; powers and duties of the Committee; setting forth the duties of the County Administrator or his Designee; providing a review process; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing an effective date. 4) Approve a Construction Change Order with Better Roads, Inc. for the Rattlesnake Hammock Road Four Laning Project, Bid No. 95-2441. In the net increase amount of $54,930.57 5) Recommendation that the Board of County Commissioners approve a Purchase Agreement for the sale of Surplus Property known as Quail Creek, Unit 2, Outlot "B", Plat Book 13, Pages 74-77. 6) Approve Lumec, Inc. as sole source vendor of lighting for the Immokalee Downtown Streetscape Beautification Project. 7) Approve a Construction Change Order with APAC-Florida, Inc. for the Vanderbilt Beach Road Four Laning Project, Bid Number 95-2438. In the maximum amount of $505,339.00; approval of a consulting engineering fee of $5,000 with Wilson, Miller, Barton & Peek, Inc. under a supplemental agreement~ and authorize an agreement amendment with WCI Communities, LP for a $109,959.41 reduction in road impact fee credits. 8) Recommendation that the Board of County Commissioners authorize a Change Order to the Vaccaro Consulting, Inc. Agreement to develop a Functional Specification for DOR Utility Billing, Solid Waste, Special Assessment and Cash Receipts Business Functions. In the amount of $3,300 C. PUBLIC SERVICES 1) Approve the attached budget amendment that provides the funds to install a Johnson Climate Control System as part of the Marco Island Branch Library expansion project. 2} Award Bid #97-2701 to J. W. Craft, Inc. for the use of portable toilet rentals at all Collier County Park facilities. 3) Report to the Board on the status of Florida Communities Trust Preservation 2000 grant funding approval relative to the Sugden Regional Park and recommendation that the Board authorize its Chairman to execute appraisal agreements Page 7 July 29, 1997 should additional appraisals be required by the trust. 4) Recommendation that the Board accept two quitclaim deeds for the donation of the property situated in Section 16, Township 52 South, Range 26 East, Collier County for park and recreational lands. 5) Approve the Tigertail Beach Concession Agreement with Cool Concessions, Inc. 6) Approve the budget amendment transferring funds from Personal Services to Capital Improvements in Fund 111 Immokalee/Everglades MSTD. 7) Authorize continuation contracts between Collier County and the Area Agency on Aging for Southwest Florida, Inc., for services to the elderly. D. SUPPORT SERVICES 1) Authorization of Funding for the Payment of the Annual Systems Maintenance Agreement for the Human Resources Information System Software E. COUNTY ADMINISTRATOR 1)Budget Amendment Report. B.A. 97-326 2) Recommendation to increase the Airport Authority's fuel budgets at all three airports so that the Authority can continue to supply AV gas and fuel to their customers. 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 ATTORNEY 17. ADJOURN Page 8 July 29, 1997