Loading...
Recap 09/09/1997 R September 9, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER AGENDA September 9, 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 ~ Reverend Carl Orr, Golden Gate Presbyterian Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted with changes 5/0 4. APPROVAL OF MINUTES 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming September 29, 1997 as Law Enforcement Appreciation Day. To be accepted by Sheriff Hunter. Adopted 5/0 B. SERVICE AWARDS 1) Nelda Dyson - Department of Revenue - 10 years Presented C. PRESENTATIONS Page 1 September 9, 1997 1) Recommendation to recognize Robert Wheeler, North Regional Water Treatment Plant, Public Works Division, as employee of the month for September 1997. Recognized 2) Presentation to BCC of "Award of Excellence" from the Florida Chapter of the American Planning Association for the Collier County Architectural and Site Design Standards for Commercial Development. Presented 3) Presentation by Bruce Lawson representing local ASCE Chapter regarding Project of the Year. Presented 4) Presentation by Dick Lydon, Chairman of the Beach Committee, recognizing Harry Huber's efforts. Plaque Presented 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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) James B. Young, P.A., representing Woodrow and Louise Henry, requesting a refund of Collier County Road Impact Fees pursuant to Ordinance Number 92-22, for fees paid in conjunction with the issuance of Building Permit Number 96-9783, Bobbin Hollow Equestrian Center. Road Impact Fee Refund in the amount of $9,9906.93 Approved 5/0 2) Resolution supporting the construction of a Quarantine Facility to help facilitate the Development of Biological Control Agents for use against invasive exotic vegetation. Res. 97-350 Adopted as amended 5/0 B. PUBLIC WORKS 1) Recommendation for Board approval to adopt a Resolution to increase the speed limit on two roadway segments along C.R. 951 from 45 MPH to 55 MPH between U.S. 41 (S.R. 90) and S.R. 84 Page 2 September 9, 1997 (Davis Boulevard) and between Green Boulevard and Golden Gate Boulevard. Res. 97-351 Adopted 5/0 C. PUBLIC SERVICES Added: 1) Direction is being requested regarding a proposed in-line pro-tour world championship to be held at the East Naples Skatepark in October. Staff recommendation Approved 5/0. D. SUPPORT SERVICES 1) A settlement discussion regarding the lawsuit, McGinnis vs. Collier County, Case Number 95-1481-CA-01 Settlement offer rejected~ Attorney Bryant directed to go to trial 5/0 E. COUNTY ADMINISTRATOR 9. COUNTY ATTORNEY'S REPORT Added: A. Update to the Board regarding the concept of a juvenile daytime curfew ordinance and request for the Board to provide direction regarding same. Staff directed to draft an ordinance and come back to the Board (Consensus) Added: B. Request for the Board of County Commissioners to receive for the public record an amended certificate of the Collier County Canvassing Board relating to the Marco Island Incorporation Election recount. Approved 5/0 10. BOARD OF COUNTY COMMISSIONERS 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Ty Agostin re Exotics. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition PUD-89-14(1), Robert L. Duane, AICP, of Hole, Montes & Associates, Inc., representing Fredrick R. Pauly, Page 3 September 9, 1997 trustee, requesting a rezone from "PUD', to "PUD", Breezewood Planned Unit Development as required by Resolution 97-68, located in the southwest quadrant of the 1-75 - Immokalee Road Activity Center, in Section 30, Township 48 South, Range 26 East, consisting of 7.4 acres, more or less. Ord. 97-41 Adopted 5/0 2) Petition No. PUD-91-1(1), Thomas E. Killen, Architect, representing Earl L. & Shirley A. Frye, requesting a rezone from PUD to PUD known as "Radio Square" to amend the PUD Document for purposes of adding Fraternal Organizations as an authorized use, for property located on the southwest corner of Radio Road (C.R. 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, Collier County, consisting of 9.4 acres. Ord. 97-42 Adopted 4/0 (Comm. Mac'Kie abstained) 3)Petition PUD-89-28(1), Frederick R. Pauley, Trustee, requesting an amendment to "Brentwood" Planned Unit Development (PUD) having the effect of eliminating liquor stores from the principal retail uses and adding the requirement for a common architectural theme for property located on the south side of Immokalee Road (CR-846) in Section 30, Township 48 South, Range 26 East, Collier County, Florida and consisting of 18.6 acres more or less. (Continued to the meeting of 9/23/97) C. OTHER 1) Petition AV 97-009 to vacate a portion of an eighty foot (80') wide Drainage Easement on Lot 17, Queens Park at Lago Verde, Phase Six as recorded in Plat Book 16, Pages 52 and 53, of the Public Records of Collier County, Florida. (Continued to the meeting of 9/23/97) 2) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197. 3632, Florida Statutes, for Solid Waste District No. 1 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County ordinance 90-30, as Amended. Res. 97-352 Adopted 5/0 3) Approval of a Resolution approving the preliminary assessment roll as the final assessment roll and adopting same as the non-ad valorem assessment roll for purposes of utilizing the uniform method of collection pursuant to Section 197. 3632, Florida Statutes, for Solid Waste District No. 2 Municipal Service Benefit Unit Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County ordinance 90-30, as Page 4 September 9, 1997 Amended. Res. 97-353 Adopted 5/0 4) Approve and adopt an Ordinance to amend Ordinance No. 90-87, as amended, to exclude certain additional areas from the imposition of Sewer Impact Fees. Ord. 97-43 Adopted 5/0 5) Approve and Adopt an Ordinance to amend Ordinance No. 90-86, as amended, to exclude certain additional areas from the imposition of Water Impact Fees. Ord. 97-44 Adopted 5/0 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 district for property located in Queen's Park Subdivision at Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E. (Continued from the meeting of 7/29/97) Res. 97-354 Adopted 5/0 2) Petition V-97-6, Greg Carlisle (Contract Purchaser) representing Henry Johnson requesting a 10 foot variance from the required 25 foot rear setback to 15 feet for property located on the southwest side of Bayfront Drive, further described as Lot 18, Bayfront Gardens Subdivision, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Continued to the meeting of 9/23/97) 3) Petition No. CU-97-9, Timothy W. Ferguson, P.A., as agent for E1 Espresso Bus Company, requesting Conditional Use "12" of the C-5 zoning district for a bus terminal for property located at the northeast corner of New Market Road and State Road 29, Immokalee in Section 3, Township 47 South, Range 29 East, Collier County, Florida consisting of 0.2 acres, more or less. (Continued to the meeting of 9/23/97) B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 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 from the Consent Agenda and considered separately. Page 5 September 9, 1997 Approved and/or Adopted with changes 5/0 A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the Final Plat of "Sterling Oaks Phase 2A". w/Cash Bond, Construction and Maintenance Agreement and Stipulations. 2) Request to approve for recording the Final Plat of Valencia Phase One. w/Letter of Credit, Construction and Maintenance Agreement and Stipulations. B. PUBLIC WORKS 1) Approve Change Order No. 2 to Contract No. 97-2626, Marco Island T-Groin Construction. With Douglas N. Higgins, Inc. In the amount of $86,100.00, Subject to recommendations from the Beach Renourishment/Maintenance Committee and the Tourist Development Council. 2) This item has been deleted. 3) This item has been deleted. 4) Adopt a Resolution requesting the State of Florida, Department of Transportation to convey an easement by quit- claim deed to Collier County for access to Borrow Pit No. 2 and for the four-laning improvements to County Barn Road, CIE No. 33. Res. 97-347 and acceptance of Quit-Claim Deed from the State of Florida. 5) This item has been deleted. 6) Request the Board consider interim improvements to the Pine Ridge Road/Livingston Road Intersection pending final improvements as part of the Pine Ridge Road Six-Lane Project scheduled for construction in October, 1999. 7) Board approval of Fiscal Year 1997-98 Annual Contracts for Bid #97-2713, Traffic Sign Materials, and Bid #97-2712, Contractual Services for Traffic Signal and Street Lights. Awarded to Municipal Supply & Sign Co. (Bid #97-2713)I Mid-Continent Electric, Inc. (Bid #97-2712 Primary Contractor) l and E. B. Simmonds Electrical, Inc. (Bid #97-2712 Secondary Contractor) 8) Award Contract to construct North Collier Regional Wastewater Treatment Plant Belt Filter Press Walkways, Bid No. Page 6 September 9, 1997 97-2721. Minor Irregularities waivedl Agreement with High Point General Contracting, Inc., in the amount of $39,950.00 for Total Base Bid Alternate No. 2 9) Authorization to sole source purchase replacement pumps, specified repair parts and materials for approved Submersible Lift Stations. Ellis K. Phelps and Company sole source provider 10) Approve a Purchase Order under existing Maintenance Contract #96-2567 for Wilkins Malcolm & Associates, Inc. for repairs of Well No's 6, 11 and 14. In an amount not to exceed $27,000.00 11) This item has been deleted. 12) Adopt a Resolution approving a Declaration of Easement on County owned property located on County Barn Road. Res. 97-348 C. PUBLIC SERVICES 1) Approve budget amendments that recognize additional revenue from the two percent Tourist Development Tax, and transfers it to the Collier County Museum fund. In the amount of $10,600.00 2) Approve the Department of Environmental Protection, Florida Recreation Development Assistance Program Grant Agreement for Sugden Regional Park. 3) Recommendation that the Board of County Commissioners approve the attached budget amendment recognizing contributions to the Golden Gate Community Center for the Summer Camp Program. D. SUPPORT SERVICES 1) Agreement approval between Collier County and the State of Florida Department of Community Affairs for the review and update of hazardous analyses at facilities possessing extremely hazardous substances at or above the threshold planning quantity within Collier county 2) This item has been deleted. 3) To recognize additional 800 MHz System reimbursement revenues and approve allocation of a portion of 800 MHz reimbursement revenues to fund permit and licensing fees associated with the project 4) A Resolution authorizing expenditure of funds for a picnic Page 7 September 9, 1997 to recognize Collier County Board of County Commissioners Employees Res. 97-349 E. COUNTY ADMINISTRATOR 1) Budget Amendment Report. Budget Amendments 97-426, 97-427 and 97-432 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