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Recap 10/28/1997 RTOP October 28, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 28, 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 HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS HADE, 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 - Fr. Joseph Spinelli - St. Elizabeth's Roman Catholic Church. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted w/changes 5/0 4. APPROVAL OF MINUTES October 7, 1997 - Regular meeting. Approved as Presented 5/0 5. PROCLAMATIONS AND SERVICE AWARDS A) PROCLAMATIONS 1) Proclamation proclaiming Ana Barbara Day to be accepted by Mr. Modesto Reyes, President of the Latin-American Festival of Page i Collier County Adopted 5/0 B)SERVICE AWARDS Presented 1) Eleanor Jane McDonald - Veteran Services - 10 years 2) Robert Salvaggio - Building Review & Permitting - 10 years 3) Eric Watson - EMS - 10 years 4) Charles Williams - Facilities Management - 5 years 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. B) ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) General Fund (001) FY 97/98. 2) Community Development Fund (113) FY 97/98. 3) Facilities Construction Fund (301) FY 97/98. C) To inform the Board of the Clerk's settlement arrangement in the matter of Dwight E. Brock as Clerk of the Circuit Court of Collier County v. Meridian Securities, Inc., Meridian Capital Markets, Inc. and Meridian BanCorp., Inc. and to request the Board to authorize a general release from the claims against the afore-mentioned respondents. Agreement Accepted 5/0 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A) COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES B) PUBLIC WORKS C) PUBLIC SERVICES D) SUPPORT SERVICES Page 2 1) Approval of Purchasing Productivity Implementation Plan Continued to 11/4/97 2) Discussion regarding request from Isles of Capri Advisory Board Continued to 11/4/97 E) COUNTY ADMINISTRATOR F) AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A) Recommendation for the Board to consider a proposed settlement agreement regarding the Lely Barefoot Beach Guardhouse litigation (continued from the 10/14/97 agenda) Continued Indefinitely Added: B) Revised Draft Memorandum of Understanding - Environmental Impact Statement (EIS) Southwest Florida, Between the Army Corps of Engineers, Collier County and Lee County. Tabled to Meeting of 11/4/97 5/0 10. BOARD OF COUNTY COMMISSIONERS A) Appointment of members to the Lely Golf Estates Beautification Advisory Committee. Res. 97-406 reappointing Robert C. Cole and George C. Pearson - Adopted 5/0 B) Direction from the Board of County Commissioners regarding vacancy on the Collier County Public Health Unit Advisory Board. To be readvertised 5/0 Added: C) Recommendation to Declare Vacancies on the Tourist Development Council. Vacancies declared 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Ty Agostin re Landfill Advisory Board PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS Page 3 1) Adoption of the 1996-97 EAR-based Growth Management Plan Amendments in accordance with the adopted Evaluation and Appraisal Report in accordance with BCC direction and in response to the Objections, Recommendations, and Comments Report (ORC Report) received from the Department of Community Affairs. Ord. 97-53 Recreation/Open Space Element Adopted 5/0 Ord. 97-54 Capital Improvement Element Adopted 5/0 Ord. 97-55 Amendment to Capital Improvement Element Adopted 5/0 Ord. 97-56 Intergovernmental Coordination Element - Adopted 5/0 Ord. 97-57 Potable Water Sub-Element - Adopted w/changes 5/0 Ord. 97-58 Sanitary Sewer Sub-Element - Adopted 5/0 Ord. 97-59 Natural Groundwater Sub-Element - Adopted 5/0 Ord. 97-60 Solid Waste Sub-Element - Adopted 5/0 Ord. 97-61 Drainage Sub-Element - Adopted 5/0 Conservation & Coastal Management Element - Tabled~ Ord. 97-66 Adopted 4/1 (Commissioner Constantine opposed) Ord. 97-62 Transportation Element - Adopted 5/0 Ord. 97-63 Housing Element - Adopted w/changes (Commissioner Constantine opposed). Immokalee Area Master Plan - Tabled~ Ord. 97-65 Adopted 5/0 Ord. 97-64 Golden Gate Master Plan Adopted 5/0 Ord. 97-67 Future Land Use Element - Adopted w/changes 5/0 Comprehensive Plan adopted and to be submitted to DCA - Approved 5/0 B. ZONING AMENDMENTS C. OTHER 1) Petition AV 97-019 to vacate a portion of a 15' wide drainage easement on Lot 11, Block C, "Flamingo Estates" as recorded in Plat Book 10, Pages 34 and 35, Public Records of Collier County, Florida. Res. 97-407 - Adopted with filing fee 5/0 2) Recommendation that the Board of County Commissioners adopt an Ordinance amending Ordinance 90-105, the Collier County Contractor's Licensing Board Ordinance. Ord. 97-68 - Adopted 5/0 3) Petition SNR-97-6, Caroline Spounias requesting a street name change from 2nd Avenue S.W. to Mahogany Ridge Drive located in Golden Gate Estates Unit 32 in Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-408 - Adopted 5/0 4) Petition SNR-97-7, Caroline Spounias requesting a street name change from 4th Avenue S.W. to Carrotwood Road located in Golden Gate Estates Unit 32, in Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-409 - Adopted 5/0 5) Petition SNR-97-8, Caroline Spounias requesting a street Page 4 name change from 6th Avenue S.W. to Tamarind Ridge Drive located in Golden Gate Estates Unit 32, in Sec. 9, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-410 - Adopted 5/0 6) Petition SNR-97~9, Caroline Spounias requesting a street name change from 8th Avenue S.W. to Sycamore Drive located in Golden Gate Estates Units 32 and 34, in Secs. 9 and 16, T49S, R26E. (Continued from the meeting of 9/23/97) Res. 97-411 - Adopted 5/0 7) Recommendation to adopt a resolution approving amendments to the Fiscal Year 1996-97 Adopted Budgets. BAR 97-5 - Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition CU-97-19, Michael K. Corradi requesting Conditional Use "1" of the "C-3" Zoning District (Indoor Amusements) to allow for a fortune teller, palm reader, astrologer and spiritual counselor, to be located at 10401 Tamiami Trail North in Naples Park Subdivision. Denied - 3/2 (Commissioners Hancock and Mac'Kie opposed) 2) Petition CU-97-18, William L. Hoover representing W. Christian Busk (contract purchaser) requesting Conditional Use "21" of the Agriculture Zoning District for retail plant nursery for property located on the west side of Old U.S. 41 and 500 feet south of the Collier-Lee County line, in Sec. 10, T48S, R25E, consisting of 4.09 acres, more or less. (Companion to Agenda Item 13A.(7). Res. 97-412 - Adopted 5/0 3) Petition V-97-9, Susan Hebel Watts of WCI Communities Limited Partnership requesting a 250 square foot variance from the required 1000 square foot minimum for multi-family units to 750 square feet per unit for property located in Pelican Marsh East in Sec. 25, T48S, R25E. Res. 97-414 - Adopted 5/0 4) Petition CU-97-20, Victoria Cart representing House of Prayer of the Living God requesting Conditional Use "3" of the "VR" Zoning District to allow for a church and church related services to be located at 619 North Ninth Street in Immokalee. Res. 97-415 - Adopted 5/0 5) Petition SV-97-1, Everglades Private Airboats representing CMC Hearthland requesting a variance from Sec. 2.5.5.2.3.1 of the LDC which allows a pole sign for businesses with more than 150 feet of road frontage on a single roadway to allow for two additional pole signs for a total of three for a property located on the south side of U.S. 41 approximately 19 miles east of S.R. 951 in Secs. 26 and 27, T52S, R29E. Page 5 Denied - 3/2 (Commissioners Berry and Mac'Kie opposed) 6) Petition NUA-97-2, Arthur C. Quinnell representing Naples Land Yacht Harbor, Inc., requesting a non-conforming use alteration in order to allow unit owners to replace existing non-conforming mobile home units, as needed, in conformance with the Collier County Fire Code and so as not to increase the existing non-conformities for property located at 2801 Palm Street in Sec. 11, TSOS, R25E. Res. 97-416 - Adopted 5/0 7) Petition V-97-7, William L. Hoover representing Christian Busk (contract purchaser) requesting a 0.91 acre variance from the required lot area requirement and a 33 foot variance from the required lot width for agriculturally zoned property located on the west side of Old U.S. 41 and 500 feet south of the Collier/Lee County line in Sec. 10, T48S, R25E. (Companion to Agenda Item 13A.(2) Res. 97-413 - Adopted 5/0 8) Petition V-97-8, Stefani Lyn O'Neill representing Howard J. and Kay L. Krapf requesting a 17 foot variance to the required rear setback of 25 feet to 8 feet for property located at 1725 Winterberry Drive, further described as Lot 1, Krapf Subdivision. (PURSUANT TO THE CHARTER FOR THE CITY OF MARCO ISLAND AND THE OPINION OF THE OFFICE OF THE COUNTY ATTORNEY, THIS MATTER MUST BE REFERRED TO THE CITY COUNCIL FOR MARCO ISLAND) B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' 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. Approved and/or Adopted with Changes 5/0 A. COMI~UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve the final plat of "Longshore Lake, Unit Four" . With Construction and Maintenance Agreement and Stipulations. 2) Petition AV-97-018, request to approve for recording the final plat of "Stonebridge Unit Four", and approve the vacation of a portion of Tract GC 9 of Southampton, Unit One. Res. 97-403 w/Performance Bond, Construction and Maintenance Agreement and stipulations. 3) Petition AV-97-012, request to approve for recording the Page 6 final plat of "Carlton Lakes Tract G" and approve the vacation of Tracts G and C1 according to the plat of Carlton Lakes, Unit No. 1. Res. 97-404 4) Request to grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "Stonebridge Unit Two". Res. 97-405 5) Recommendation to approve a contract renewal between Collier County and the Florida Department of Environmental Protection (FDEP) for the clean-up of petroleum contaminated sites in Collier County. Amount not to exceed $454,289.05 6) Recommendation to approve a modification to Commercial Excavation permit No. 59.206 "Willow Run Quarry" located in Secs. 11, 12, 13, and 14, TSOS, R26E, bounded on all sides by vacant land zoned "A" except for the north side of the north parcel which abuts the Naples Golf Estates PUD. w/stips. 7} Request to approve for recording the final plat of Silver Lakes Phase Two-D. w/Letter of Credit, Construction and Maintenance Agreement and Stipulations. B. PUBLIC WORKS 1) Inter-local Agreement between the City of Naples and Collier County regarding the Gordon River Extension Basin Study. 2) Accept a Quitclaim Deed for the Marco Transfer Station from the Deltona Corporation. 3) Adjust Water Management CIP budget (Fund 325) to reflect revisions in Capital Program. 4) Waive the formal bid process and approve the Recycling Advertising Campaign for FY 1997-98 on various television stations, in local newspapers and other local publications. Vendors as listed in the Executive Summary to be used. 5) Approve Budget Amendment within the Utilities Operating Fund (408). 6) Authorization to enter into a Consent Order with the Florida Department of Environmental Protection. C. PUBLIC SERVICES 1) Approve Addendum III relative to the Sugden Regional Park Page 7 Preservation 2000 State Grant Award. 2) Terminate the Ocean State Lemonade Concession Agreement at the Golden Gate Aquatic Facility. 3) Seeking endorsement of a grant proposal in conjunction with the Collier County Health Department, Naples Community Hospital, Collier Health Services, Inc., and the Marion E. Fether Medical Center for the State Primary Care Challenge Grant. D. SUPPORT SERVICES 1) This item has been deleted 2) Award of RFP 97-2668 for the purchase of ambulance billing software Awarded to Sweet Computer Service in the amount of $22,975.00 E. COUNTY ADMINISTRATOR 1) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders at the end of Fiscal Year 1997 in Fiscal Year 1998. 2) Budget Amendment Report. Budget Amendments 97-503~ 98-009; and 98-024. 3) Recommendation for Board consideration and approval of a Settlement Agreement and Release of Claims between the County and a former County employee F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE H. OTHER CONSTITUTIONAL OFFICERS 1) Approve the use of Confiscated Trust Funds to purchase specialized equipment. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 1) Recommendation to approve the attached budget amendment which increases reserve for debt service and grant revenue. To be received from the Florida Department of Transportation for their share oE the Marco Island Airport Terminal Building Rehabilitation Project. 17. ADJOURN Page 8