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Recap 08/26/1997 R August 26, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA August 26, 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 with changes 5/0, with the exception of Item #16A2- Commissioner Norris abstained. 4. APPROVAL OF MINUTES A. July 22, 1997 - Regular meeting. B. July 29, 1997 - Regular meeting. C. August 5, 1997 - Regular meeting. Approved as Presented 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation encouraging citizens to participate in the Page i August 26, 1997 celebration of the BOth Anniversary of the Everglades National Park. To be accepted by Susan Pareigis, Executive Director of the Economic Development Council on behalf of Everglades City Mayor Sammy Hamilton. Adopted 5/0 B. SERVICE AWARDS 1} Pat Cookson - DOR - 25 years. 2) Milton Killibrew - Road & Bridge - 10 years. 3) David Steit - Utilities - DOR - 10 years. 4) Karl Boyer - OCPM - 5 years. B) Bonnie Buchholz - Library - 5 years. 6) Fran Hays - Library - 5 years. 7) Donald Holt - Water - 5 years. 8) Alan Pitts - EMS - 5 years. Presented C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) General Fund (001) FY 96/97. 2) Community Development Fund (113) FY 96/97. 3) Facilities Construction Fund (301) FY 96/97. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COMPEFNITY DEVELOPMENT & ENVIRONMENTAL SERVICES B. PUBLIC WORKS 1) Request approval of Regional Stormwater Management Study for Wiggins Bay Basin, acknowledge developers contribution and authorize staff to implement study recommendations. Staff recommendation approved~ Res. 97-328 Adopted - 5/0 2} Request the Board provide direction to staff regarding the Placement of Directional and Other Informational Signs within Page 2 August 26, 1997 the Public rights-of-Way of Collier County. Staff to bring back recommendations re uniformity (consensus) 3) Recommendation that the Board of County Commissioners approve an Agreement with R&L Industries for the recycling of agricultural plastic mulch at the Immokalee Landfill. Approved 5/0 4) Recommendation that the Board of County Commissioners consider an extension of the Immokalee Disposal Company Waste Collection Franchise Agreement for Service Area Number Two. Approved 5/0 5) Adoption of Resolution to amend and supplement the Resolution authorizing the Issuance of Bonds for the Naples Park Area Stormwater Improvement Project, to award the Bonds to Barnett Bank, N.A., Naples, to set the amount of the Bonds, to establish the Interest Rate on the Bonds and certain other terms and provisions of the Bonds. Res. 97-329 Adopted 5/0 6) Review of Collier County Water-Sewer District Financial Plan, Results of the Water-Sewer Utility Rate Study, and consolidation of Utility Administrative Ordinances. Staff recommendation approved 5/0 7) This item has been deleted. 8) Approve a Work Order CEC-02 with Coastal Engineering Consultants, Inc., and the associated Budget Amendment necessary to conduct a preliminary feasibility study for the proposed Haldeman Creek Basin Restoration Project. StaEf recommendation approved w/additional direction. 5/0 C. PUBLIC SERVICES Added: 1) Authorization to apply for a grant in conjunction with the Collier County Public Health Department, Naples Community Hospital, Collier Health Services, Inc. and the Indigent Health Care. Approved 5/0 D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Approval of a lease agreement (and short form lease agreement) between Collier County and PrimeCo Personal Communications. Approved 5/0 9. COUNTY ATTORNEY'S REPORT A. Request by the Industrial Development Authority of Collier Page 3 August 26, 1997 county for approval of a Resolution authorizing the Authority to enter into a Master Financing Agreement with GE Capital Public Finance, Inc. on behalf of Naples Community Hospital, Inc. for the purpose of financing the purchase by the Hospital of certain medical and other equipment used by the Hospital in its health care operations. Res. 97-330 Adopted 4/0 (Comm. Mac'Kie out) Added: B. Memorandum of Understanding - Programmatic Environmental Impact Statement Project - U. S. Army Corps of Engineers. Chairman to continue negotiations with the Army Corp. of Engineers - Consensus 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of Board members to the Value Adjustment Board. Comm. Berry selected for each day~ Comm. Hancock, Comm. Norris, Comm. Mac'Kie as needed and set 9/24, 9/25, 9/26 & 9/29/97 as hearing dates B. Appointment of member to the Utility Authority. Res. 97-331 appointing Joseph A. Mandy - Adopted 4/1 (Comm. Mac'Kie opposed) C. Appointment of members to the Airport Authority. Res. 97-332 appointing Stephen L. Price, Ernest Spinelli, Monte Lazarus & Richard W. Anderson - Adopted 4/1 (Comm. Hancock opposed) D. Appointment of member to the Parks and Recreation Advisory Board. Res. 97-333 appointing Daphnie Betchef - Adopted 5/0 E. Appointment of members to the Marco Island Beach Renourishment Advisory Committee. Res. 97-334 appointing Barbara Schiering, Charles J. Huttinger & Gilmore P. Scholes - Adopted 5/0 F. Appointment of member to the Immokalee Enterprise Zone Development Agency. Res. 97-335 appointing David E. Lindsey - Adopted 5/0 G. Discussion regarding request for workshop on September 30, 1997. EDC Workshop to be attended by Commissioners H. Appointment of member to the Hispanic Affairs Advisory Board. Res. 97-336 appointing Jorge Chemas - Adopted 5/0 Added: I. Tourist Development Tax Discussion. TDC to form subcommitte to study funding appropriations Added: Page 4 August 26, 1997 J.Waiver of Permit Fee - Wishing Well Foundation. Approved 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Glen Donovan re Memorandum of Understanding PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-97-8, Bill Hoover of Hoover Planning Shoppe, representing Northbrooke Development, Ltd., Bonita Grande Hotel Corporation, and Land Trust 5405, Richard K. Bennett, Trustee, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development, to be known as Cypress Woods Golf and Country Club for a mixed residential and gol£ course master planned community £or property located north of Immokalee Road and immediately contiguous the east side of Interstate Highway 75 in the east portion of Secs. 18 and 19, T48S, R26E, consisting of 283 acres, more or less. Ord. 97-36 Adopted 5/0 2) Petition PUD-97-4, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Eugene Thrushman requesting a fezone from "A" Agriculture to "PUD" Planned Unit Development for 36 villas and a recreational pool area to be known as Marker Lake Villas for property located on Vanderbilt Beach Road Extension in Sec. 2, T49S, R25E, consisting of 12.06 acres. Ord. 97-37 Adopted 5/0 Continued to 9/23/97= 3} Petition PUD~82-33(1) Michael R. Fernandez, AICP, of Planning Development Incorporated representing Harig Manufacturing Corporation requesting a fezone from PUD to PUD known as "Wiggins Bay" for the purpose of eliminating commercial land uses on commercially designated tract and replacing same with a 7 story residential building containing 56 dwelling units for property located on the southeast corner of the intersection of Vanderbilt Drive and Wiggins Pass Road in Sec. 16, T48S, R25E, consisting of 148.26 acres. Continued to 9/23/97 4) Petition R-97-3, Community Development and Environmental Page 5 AugUst 26, 1997 Services Division representing the Collier County Board of County Commissioners requesting a rezone from "PUD" planned unit development to "E" Estates for the Island Pines Garden PUD located immediately south of the County Maintenance Facility on County Barn Road in Sec. 8, TSOS, R26E, consisting of 10 acres, more or less. (Continued from the meeting of 8/5/97) Ord. 97-38 Adopted 5/0 5) Petition R-97-4, Mark Raudenbush of Idyll Homes, Inc., requesting a rezone from RMF-6 to RSF-6 for property located at the intersection of Pan Am Avenue and Grand Canal Drive, further described as Lot 1, Gulf Harbor Subdivision, located in Sec. 16, T48S, R25E. Ord. 97-39 Adopted w/cap of 4 units. 5/0 C. OTHER 1) Petition AV 97-014, Daniel Decesare, as agent for owner, Vineyards Development Corporation, requesting vacation of tract "C" (landscape and drainage easement) located on a portion of the plat of Augusta Falls as recorded in Plat Book 27, Pages 51 and 52, inclusive, of the Public Records of Collier County, Florida. Res. 97-337 Adopted 5/0 2) Request for Board to consider adoption of an ordinance amending Ordinance No. 96-6, "The Utility Regulation Ordinance", as amended, by amending subsection (E) (2) of Section 1-3, to modify criteria for appointment of lay members to the Collier County Water and Wastewater Authority. Ord. 97-40 Adopted 5/0 Continued to 9/23/97: 3) Petition SNR-97-7,t~aroline Spounias requesting a street name change from 4 Avenue S.W. to Carrotwood Road located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. Continued to 9/23/97 Continued to 9/23/97: 4) Petition SNR-97-6,n~aroline Spounias requesting a street name change from 2 Avenue S.W. to Mahogany Ridge Drive located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. Continued to 9/23/97 Continued to 9/23/97: 5) Petition SRN-97-8,t~aroline Spounias requesting a street name change form 6 Avenue S.W. to Tamarind Ridge Drive located in Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. Page 6 August 26, 1997 Continued to 9/23/97 Continued to 9/32/97= 6) Petition SNR-97-9,t~aroline Spounias requesting a street name change from 8 Avenue S.W. to Sycamore Drive located in Golden Gate Estates, Unit 32 and 34, Sec. 9 and 16, T49S, R26E. Continued to 9/23/97 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-96-21, Geoffrey G. Purse of Purse Associates, Inc., representing R. H. of Naples, Inc., requesting Conditional Use "1" of the "A" Rural Agricultural zoning district for earth mining on property located ~ mile east of Greenway Road at the end of Maretee Road in Sec. 7 T51S, R27E. Res. 97-338 Adopted 5/0 2) Petition NUC-97-1, J. Dudley Goodlette of Goodlette, Coleman & Johnson, P.A., representing Thomas L. and Nancy L. Gregory requesting a non-conforming use change from an indoor roller skating rink to a rental hall for local non- for-profit civic and community associations with a primary use as a bingo hall on property located at 6750 Golden Gate Parkway further described as Unit 29, the east 150 feet of Tract 55, Golden Gate Estates, as recorded in Plat Book 7, Page 57, of the Public Records of Collier County, Florida. Res. 97-339 Adopted w/conditions 3/1 (Commissioner Constantine opposed and Commissioner Berr~ out). B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Cancellation of 12/23/97 BCC meeting 15. STAFF'S COM3~UNICATIONS A. Discussion re Leadership Florida expenses incurred by former Commissioner Matthews. 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 from the Consent Agenda and considered separately. Approved and/or adopted with changes 5/0, with the exception of Item #16A2 - 4/0 (Commissioner Norris abstained). Page 7 August 26, 1997 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Windsor Place at Berkshire Lakes". Res. 97-318 2) Request to approve the final plat of "Pelican Strand Replat 2". With Construction and Maintenance Agreement & stipulations Approved 4/0 - Commission Norris abstained. 3) Waiver of road impact fees, library system impact fees, parks and recreational facility impact fees, emergency medical services system impact fees, water system impact fees, sewer system impact fees, and educational facility system impact fees for eight (8) single family houses to be built by Immokalee Habitat for Humanity, Inc., in Naples Manor Lakes and to fund said waivers from Affordable Housing Trust Fund, Fund 191. Res. 97-319, 97-320, 97-321, 97-322, 97-323, 97-324, 97-325 & 97-326 and Agreements 4) Request to approve for recording the final plat of "Sapphire Lakes Unit 4B". With Construction and Maintenance & Escrow Agreements & stipulations 5) Request to approve for recording the final plat of "Augusta at Pelican Marsh". With Construction and Maintenance & Escrow Agreements & stipulations 6) Request to approve for recording the final plat of "Sapphire Lakes Unit 4C". With Construction and Maintenance & Escrow Agreements & stipulations 7) Recommendation to approve Commercial Excavation Permit No. 59.614, "Vanderbilt Beach Spoil Disposal" located in Sec. 29, T48S, R25E. Waive the requirement for Security B. PUBLIC WORKS 1) Report to the Board on the results of the Annual Countywide Traffic Signal Warrant Study and Intersection Improvement Program, and request funding approval along with recommendations for installation of the recommended improvements. 2) Recommendation to award four (4) annual bids, Numbers Page 8 AuguSt 26, 1997 2704, 97-2705, 97-2707 and 97-2708 for Fiscal Year 1997-98. Awarded to various vendors listed in the Executive Summary 3) This item has been deleted. 4) Request the Board approve a Work Order under the Annual Agreement for Fixed Term Engineering Services with Hole Montes and Associates, Inc. for Analysis and Design of Five Intersections at various locations (Contract No. 95-2422, W.O. HMA-FT-97-2). 5) Request the Board consider a Proposal to Establish a Policy for the Installation of Advance Warning Signs with Flashing Beacon Attached. 6) This item has been deleted. Withdrawn= 7) Authorization to sole source purchase replacement pumps, specified repair parts and materials for approved submersible lift stations. Withdrawn 8) Reimburse members of the Marco Island Beach Renourishment Advisory Committee for expenses to be incurred in performance of their duties. In the amount of $1,459.00 9) This item has been deleted. 10) This item has been deleted. 11) Approve a Developer Contribution Agreement between Collier County and Reuven Haim Builders "Developer" for Road Impact Fees in return for constructing the Radio Road Outfall Drainage Swale. 12) Approve an Agreement with Bonita Grande Sand Company for production and stockpiling of beach compatible sand for maintenance of Collier County Beaches. In the amount of $311,500.00 13) Award a Contract for Bid No. 97-2629, South Channel & Water Turkey Bay Maintenance Dredging to Energy Resources, Inc. in the amount of $397,405.00. 14) This item has been deleted. 15) Recommendation to approve an Agreement for Emergency Water Interconnects between Collier County and Bonita Springs Utilities. 16) This Item has been deleted. Page 9 AUgust 26, 1997 17) Request approval of a Budget Amendment transferring funds from Capital Outlay to Operating to cover costs for equipment acquired under lease/purchase Agreement. In the amount of $110,300.00 C. PUBLIC SERVICES 1) Award the skateboard park concession agreement for the East Naples Community Park and approve the attached budget amendment to purchase an additional ramp for the skate park. Award to Sparrow Ventures, Inc.~ Budget amendment amount $25,000.00 2) Enter into an agreement with Collier Sports Officials Association, Inc., for the purpose of providing sports officials for County-sponsored activities. In the approximate amount of $50,000.00 3) Approval of a budget amendment and work order for the final portions of construction of the Veterans Community Park roller hockey rink. Work Order #SC-29 with Surety Construction, in the amount of $105,889.00 D. SUPPORT SERVICES 1) To Award Annual Bid #97-2702 for Furnishing and Delivering Herbicides, Pesticides, and Fungicides. Award to various vendors listed in the Executive Summary 2) Approval of a Memorandum of Understanding between Smart PPN, Inc. And Collier County for Post-Disaster Assistance. 3) Recommendation to cancel current taxes upon land acquired for public use. Res. 97-327 4) Approval of electrical adjustments and repairs to the major electrical components on the Main Government Complex. Competitive Bid Process Waived~ Awarded to Southeast Electrical Testing, Inc. 5) This item has been deleted. E. COUNTY ADMINISTRATOR 1) Recommendation that the Board of County Commissioners award Bid #97-2706 for purchase and delivery of pine straw mulch. Awarded to Rick's Trucking in the amount of $44,100.00 2) To formally accept consent and emergency items approved Page 10 August 26, 1997 by the County Administrator during the Board's recess. a) Budget amendment recognizing revenue to the Vineyards Community Park. In the amount of $10,000.00 b) Expenditures relating to minor improvments to the Jail and the Clerk's Traffic/Fines area. In the total amount of $12,250.00 c) Approval of an engine overhaul and designate Turbomeca Engine Corporation as the sole source vendor. In the amount of $140,136.00 d) Bid #97-2723, to supply sodium hypochlorite at the aquatic facilities in both Golden Gate and Immokalee. Award to Leslie's Pool Supply e} Contract to construct South County Regional Water Treatment Plant Odor Control System, Bid No. 97-2696. Award to Cardinal Contractors, Inc., in the amount of $1,127,500.00 f) Bid #97-2693, to Evergreen Landscaping of Collier, for grounds maintenance services at the main Government Center. In the annual amount g) Acceptance of Road right-of-way, drainage and utility easement for Autoranch Road h) Budget amendment moving all Fund 606 Reserves into Capital for paving of additional roadways and to close-out the fund. Total increae of $43,517.00 in appropriations for paving i) Budget Amendments 97-347,97-382, 97-384, 97-388, 97-389 and 97-390 j) Budget Amendments 97-406, 97-409 and 97-414 k) Bid No. 97-2709, "Purchase/Delivery of Fertilizer" Award to Naples Fertilizer & Garden Center, in the approximate amount of $10,000.00 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.: 96-9671 MM/~, 97-2596 MMA, 91- 1058 CFA, 97-3947 MMA, 97-3571 MMA, 97-2797 MMA, 93-9731 MMA, 97-25 MMA, 96-5022 MMA, 97-3583 MMA, 96-2197 CFA, 95-4717 Page 11 August 26, 1997 MMA, 96~5074 MMA, 97-1161 MMA, 93-2036 CFA, 93-2036 CFA, 95- 7495 MMA, 97-3201 MMA, 97-3268 MMA, 97-2805 MMA, 97-1014 MMA, 92-1675 CFA, 94-401 MMA, 94-5488 MMA, 95-104239 MMA, 97-3109 MMA, 97-972 MMA, 96-9214 MMA, 96-6757 MMA, 96-480 MMA, 96- 1246 CFA, 96-10275 MMA, 96-10313 MMA, 96-9057 MMA, 96-601 CFA, 96-8441 MMA, 96-10396 MMA, 96-8010 MMA, 96-7564 MMA, 91- 2264 TM, 97-2217 MMA, 97-4946 MMA, 97-3229 MMA. 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: H. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board sign the certification of acceptance of the subgrant award for the anti-drug abuse grant - Street Gang Prevention and Apprehension Program and approve the related budget amendment. 2) Recommend that the Board of County Commissioners sign the Certification of Acceptance of the $140,850.00 Subgrant Award for the Anti-Drug Abuse Grant #98-CH-8C-09-21-01-060/Serious Habitual Offender Comprehensive Action Plan (SHOCAP) Program and approve the related budget amendment. 3) Approval of a lease agreement between Collier County and Florida Community Bank for the purpose of leasing office space for the Sheriff's substation in Immokalee. In the monthly rental eunount of $910.00 I. COUNTY ATTORNEY 1) Recommendation that the Board of County Commissioners, Collier County, Florida, approve a Settlement Agreement and Mutual Release resolving the lawsuit styled Collier County Water/Sewer District vs. Kohler Construction Co., Inc., Case No. 94-3404-CA-01-CTC, Circuit Court, Twentieth Judicial Circuit in and for Collier County, Florida. In the amount of $8,500.00 17. ADJOURN Page 12