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Recap 12/16/1997 R December 16, 1997 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 16, 1997 9500 A.M. NOTICEs 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 12500 NOON TO 1~00 P.M. 1. INVOCATION - Rabbi James H. Perman, Temple Shalom 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes - 5/0 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. November 18, 1997 - Regular meeting B. November 25, 1997 - Regular meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming December as Drunk and Drugged Driving Prevention month and that December 19, 1997 be designated as Lights on for Life Day. To be accepted by Regina Wagstaff, Prevention Specialist from David Lawrence Center. Adopted 5/0 Page i December 16, 1997 B. SERVICE AWARDS C. PRESENTATIONS 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS 8. COUNTY ADMINISTRATOR'S REPORT A. COHMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Presentation of the 1997 Annual Update and Inventory Report on public facilities (AUIR) as provided for in Section 3.15.7 of the Collier County Land Development Code. Approved as presented 5/0 Added= 2) Discussion of the City of Marco Island Interlocal Agreement. Staff recommendation approved for the ten projects as discussed. 5/0 B. PUBLIC WORKS 1) Requesting approval of the concept of a Livingston Road Corridor Joint Participation Agreement. Staff to work with Long Bay Partners to address concerns which have been raised and come back to the Board with a new agreement. 4/1 (Commissioner Constantine opposed). 2) Approval of a proposed plan to remove non-specification material from portions of the Naples Beach. Approved w/changes 5/0 Added= 3) Approve Work Order to replace three public water supply wells. Approved 5/0 Added= 4) Terminate contract with Sovereign Construction Group, Inc. for Bid #96-2588, Riviera Colony Phase II Utility Improvements. Staff recommendation approved 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Consider funding Marco Island Civic Association $250,000 for Marco Celebration 2000 Tourist Development Funds, special events category. Deleted - 4/0 (Commissioner Constantine out) Page 2 December 16, 1997 2) Approval of Contract for Financial Advisory Services. Approved 5/0 F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board to consider an approve a proposed settlement of the lawsuit styled Eaqle Creek Properties, Inc. v. Collier County, Case No. 93-0518-CA-01-TB and to authorize the Board Chairman to execute the necessary settlement documents. Approved 5/0 B. Request by the Housing Finance Authority for approval of resolutions authorizing the Authority to issue multi-family housing revenue bonds to finance qualifying apartment projects. Res. 466 through Res. 471 - Adopted 5/0 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Parks and Recreation Advisory Board. Res. 97-472 appointing John Grice and Timothy Blackford - Adopted 5/0 B. Appointment of members to the Development Services Advisory Committee. Res. 97-473 appointing R. Bruce Anderson, Charles Morgan Abbott, Herbert Savage, David Correa and Darlene Koontz - Adopted 5/0 C. Appointment of member to the Hispanic Affairs Advisory Board. Res. 97-474 appointing Kate Warnet - Adopted 5/0 D. Appointment of members to the Isle of Capri Fire Control District Advisory Committee. Res. 97-475 appointing Charles Colvin and Chris Xigogianis - Adopted 5/0 E. Request for street closure for Third Annual Cub Scout Soap Box Derby. (Commissioner Hancock) Approval of Bluebill Avenue to be closed from Vanderbilt Drive to Gulfshore Drive between the hours of 9:30 A.M. and 5:00 P.M. on January 17, 1998 - 5/0 F. Appointment of member to the Health Planning Council. Res. 97-476 appointing Michael Jernigan - Adopted 5/0 G. Appointment of member to the Marco Island Beach Renourishment Advisory Committee. Res. 97-477 appointing Mary Nelson - Adopted 5/0 Page 3 December 16, 1997 H. Appointment of member to the Golden Gate Beautification Advisory Committee. Res. 97-478 appointing Cheryle Newman - Adopted 5/0 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) Petition DOA-97-2, William R. Vines of Vines and Associates, Inc., representing Richard K. Bennett, Trustee, Nations Bank Land Trust #5222 for an amendment to the Twelve Lakes Development of Regional Impact (DRI) Development Order 87-1, Resolution 87-4, as amended, for the purpose of reducing the number of authorized dwelling units from 1310 to 1000 and the amount of commercial floor space from 160,000 to 112,500 square feet; revising the date by which time significant physical development was to have commenced; date prior to which no down zoning action could occur; amending transportation conditions and revising the phasing schedule for property located on the north side of Davis Boulevard which extends north to Radio Road in Sec. 4, TSOS, R26E. Res. 97-479/Development Order 97-5 Adopted w/change 5/0 2) Consider adoption of an Ordinance creating the Bayshore Avalon Beautification Municipal Service Taxing Unit; providing the authority; providing for the creation; providing for a purpose and governing body; providing funding and the levy of not to exceed three mils of ad valorem taxes per year; providing for the collection of taxes; providing for creation of the Bayshore Avalon Beautification Advisory Committee; appointment and composition; providing for terms of office of the advisory committee; providing for officers of the advisory committee; quorum; rules of procedure; providing for functions, powers and duties of the advisory committee; providing for duties of the County Administrator or his designee; providing for review process of advisory committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Ord. 97-82 Adopted 5/0 3) Recommendation to adopt a Resolution setting forth the intent of the Board of County Commissioners to use the uniform method of collecting non-ad valorem assessments for interim governmental services fees within the unincorporated area and Page December 16, 1997 the incorporated areas of Collier County. Res. 97-480 Adopted 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) Petition AW-97-1, Randy Seyler of D. Ashton Enterprises, Incorporated, requesting a 250 foot waiver of the minimum required separation of 500 feet between places serving alcoholic beverages and a church/child care center for a restaurant located at 1046 Pine Ridge Road with a resulting separation distance of 250 feet. Res. 97-481 Adopted 5/0 B. OTHER 14. STAFF'S COMMUNICATIONS A. February 11, 1998 tentatively set for Collier/Lee meeting with Corps of Engineers. 15. BOARD OF COUNTY COMMISSIONERS' COM}~UNICATIONS 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. COHMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Grant final acceptance of the roadway, drainage, water, and sewer improvements for the final plat of "The Orchards" Res. 97-463 2) Approve for recording the final plat of "Autumn Woods Unit Two and approve Petition AV-97-022, the vacation of a portion of the Autumn Woods Unit One plat. Res. 97-464 w/Construction and Maintenance Agreement and stipulations 3) Deferral of 100% of the impact fees for a 140 unit affordable housing project to be built by CEI/Kensington, Ltd., a Florida Limited Partnership, known as Saddlebrook/Pelican Pointe Phase I Apartments affordable rental units. Res. 97-465 and Agreement 4) Approval for recording the final plat of "Pelican Strand Replat With Letter of Credit, Construction and Maintenance Agreement and stipulations Page 5 December 16, 1997 B. PUBLIC WORKS 1) Work Order for Professional Engineering Services to Agnoli, Barber & Brundage, Inc. for Imperial West/Landmark Estates Drainage Project, Work Order No. ABB-FT98-3, Project No. 31203. In the amount of $31,498.00 2) Award a Construction Contract to Milmir Construction, Inc., for the re-bid of the NCRWTF 8-MGD Expansion Project, Bid #97- 2690R, Project 70859/70828. In the amount of $13,684,984.90 3) This item has been deleted. 4) Approve a Joint Project Agreement and Memorandum of Agreement with Florida Department of Transportation to construct the State Road 951 12" Water Main Improvements as a part of the State Road 951 Road Widening Project, Project 70824. 5) This item has been deleted. 6) Approve Change Order with Sunshine Excavators, Inc. for the Lely Hibiscus Culvert Crossing, Project No. 31101; Contract No. 96-2613. In the amount of $19,534.25 7) This item has been deleted. 8) Approve Amendment No. Two to Professional Services Agreement with Hazen & Sawyer, P.C., for the North County Regional Wastewater Treatment Facility 5-MGD Expansion, Contract 96- 2474, Project 73031. In the amount of $65,750.00 9) Award contract to Mid-Continent Electric, Inc. to construct Immokalee Downtown Streetscape Beautification, Phase II, Sub- Phase a (Bid 97-2694) (Project #68063). In the amount of $455,534.50 C. PUBLIC SERVICES 1) Award the Vanderbilt Beach Concession Agreement. To Day-Star Unlimited, Inc. D. SUPPORT SERVICES 1) Approval to award Bid #97-2751, Waterproofing Administration Building "F" to Roman Waterproofing & Restoration Systems Inc. In the amount of $49,711.00 E. COUNTY ADMINISTRATOR 1) Reallocation of funds for Tourist Development Economic Disaster Page 6 December 16, 1997 Program. F.BOARD OF COUNTY COMMISSIONERS G.MISCELLANEOUS CORRESPONDENCE 1}MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED. H.OTHER CONSTITUTIONAL OFFICERS 1) To approve the use of Confiscated Trust Funds for a law enforcement program and approve the Fund 602 budget amendment. I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 17. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. Page 7