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Recap 10/22/1996 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 22, 1996 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 MANAGER 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 12z00 NOON TO lz00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes and Commissioner Mac'Kie abstaining from Item #16A1 - 5/0 4. APPROVAL OF MINUTES Approved as presented - 5/0 September 23, 1996 - Value Adjustment Board Meeting September 24, 1996 - Regular Meeting September 25, 1996 - Value Adjustment Board Meeting October 1, 1996 - Regular Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations 1 October 22, 1996 (1) Latin American Heritage Week in Collier County, to be Adopted - 5/0 accepted by Anna Rodriguez, President of LABBA and Nelson Munuz, President-Elect of LABBA. (2) Red Ribbon Week, to be accepted by Cal Winger and Adopted - 5/0 Marilyn Petska, Red Ribbon Committee members. B. Service Awards Presented Dennis Mazzone, Code Enforcement 15 Years Gerald Ballard, Development Services - 10 Years Erin Percival, EMS - 10 Years C. Presentations 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 7. PUBLIC PETITIONS 8. COUNTY M2&NAGER, S REPORT A. COMMI;NITY DEVELOPMENT & ENVIRONMENTAL SERVICES Continued to 11/19/96 (1) Staff review and recommendations relative to Continued to 11/19/96 Ordinance 89-95, as amended, also known as the Breezewood PUD, which, according to the required PUD Status Report submitted by the property owner/agent, has not commenced construction as defined in Section 2.7.3.4 of the Collier County Land Development Code resulting in several possible courses of action for the Board of County Commissioners to consider. Continued to 11/12/96 (2) A Resolution amending Resolution 96-27 to correct a Continued to 11/12/96 scrivener's error for a condition of approval added to Stipulation "B" which had been omitted from Exhibit "D" of said Resolution by mistake. (3} Request for authorization from the Board of County Approved - 5/0 Commissioners to authorize staff to pursue enactment of a special act of the Florida Legislature which act will, after passage of a specified number of years, eliminate all unused bisecting easements and all unused perimeter easements in the Golden Gate Estates. (4) Douglas W. Nelson and John P. Asher, P.E., Approved w/condition - 5/0 representing James B. Wiltberger, requesting final plat approval of "Hilltop Estates", a four lot subdivision located in Sec. 15, T49S, R25E. (Continued from the meeting of 10/15/96) B. PUBLIC WORKS 2 October 22, 1996 (1) Adopt the Collier County Water Master Plan Update and Approved - 5/0 approve the recommended operational standards (2) A resolution to approve the final application for a Res. 96-479/CWS- 96-12 state revolving fund loan for Phase I improvements to the Adopted - 5/0 South County Regional Wastewater Treatment Facility C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY MANAGER (1) Recommendation to the Board of Collier County Approved - 5/0 Commissioners to authorize the Chairman to execute an agreement with Action Audits, LLC., for the provision of consultation services. Add-on (2) Recommendation to consider indemnification and hold Approved - 5/0 harmless agreement between the Board of County Commissioners and the Ford Florida Evaluation Center. 9. COUNTY ATTORNEY'S REPORT (A) Resolution approving the City of Naples, Florida, Res. 96-480 Adopted - 5/0 Hospital Revenue Bonds (Naples Community Hospital, Inc. Project) Series 1996, in an aggregate principal amount not to exceed $40,000,000 for the purpose of making a loan to Naples Community Hospital, Inc. to be used to refund all or a portion of the outstanding principal amount of City of Naples Hospital Revenue Bonds, Series 1992, to pay all or a portion of the costs of a capital project for health care facilities and to pay all or a portion of the cost of credit enhancement and the costs associated with the issuance of the Bonds. 10. BOARD OF COUNTY COMMISSIONERS 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS 1. A1 Perkins regarding activities south of Alligator Alley Discussed between C.R. 951 and S.R. 29 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 3 October 22, 1996 B. ZONING A/~ENDM~TTS Continued to 11/12/96 (1) Petition PUD-82-11(4), C. Dean Smith of Q. Grady Continued to 11/12/96 Minor & Associates, P.A., representing Audubon Joint Venture, requesting an amendment to the Audubon Country Club PUD for the purposes of establishing the distance between building regulation as it applies to Tracts "B" and "E", Lots 1 thru 22 of the Audubon Country Club Subdivision Plats. (2) Petition R-96-11, Mr. and Mrs. Eugene Cox requesting Ordinance 96-63 Adopted a rezone from "A" Rural Agricultural to "RSF-i" 5/0 Residential Single Family for property located on the south side of Orange Blossom Road west of Yarberry Lane in Sec. 2, T49S, R25E, containing 1.79 acres, more or less. (3) Petition PUD-83-26(1), George L. Varnadoe of Young, Ord. 96-64 Adopted with vanAssenderp & Varnadoe, P.A., representing The Immokalee stipulation - 5/0 Road Partnership and the Ribeck Co., requesting an amendment to "The Woodlands" Planned Unit Development through a "PUD to PUD" Planned Unit Development rezoning action having the effect of replacing the Master Plan with a new Master Plan; reducing the density and intensity of authorized land uses; increasing open space and preserves and making other changes to reflect the current timeframe. The Woodlands PUD is located north of Immokalee Road in Sec. 21, T48S, R26E, and contains 500 acres, more or less. (Companion to Agenda Items 12C.1 and 12C.2) (4) Petition PUD-82-33(3), Michael R. Fernandez, AICP, of Denied 3/2 Planning Development, Inc., representing Harig (Commissioners Mac'Kie and Manufacturing Corporation, requesting an amendment to the Matthews opposed) Wiggins Bay PUD to allow residential uses as an option to commercial uses for a designated commercial tract, specifically to allow 56 dwelling units in a 15 story building for property located at the southeast corner of Vanderbilt Drive and Wiggins Pass Road. (Continued from the meeting of 10/8/96) (5) Petition PUD-96-11, William R. Vines and Associates, Ord. 96-65 Adopted with Inc., requesting a rezone from "A" Rural Agricultural and stipulations -5/0 "PUD" Planned Unit Development to "PUD" Planned Unit Development for property located at the northwest corner of 1-75 and Immokalee Road (C.R. 846) in Sec. 18 and 19, T48S, R26E, consisting of 574.56 acres more or less. (Companion to Agenda Items 12C.3 and 12C.4) C. OTHER (1) Resolution of the Board of County Commissions of Res. 96-481 Adopted - 5/0 Collier County determining that revisions to the 4 October 22, 1996 Woodlands Development Order does or does not constitute a substantial deviation requiring further Development of Regional Impact review. (Companion to Agenda Items 12B.3 and 12C.2) (2) Petition DOA-96-3, George L. Varnadoe of Young, Res. 96-482/D0-96-2 vanAssenderp & Varnadoe, P.A., representing the Immokalee Adopted - 5/0 Road Partnership and the Ribeck Co. for an amendment to "The Woodlands" DRI Development Order 86-1, as amended, having the effect of replacing the Master Plan with a new Master Plan, reducing the density and intensity of authorized land uses, increasing open space and preserves and making other changes to reflect the current timeframe The Woodlands DRI is located on the north side of Immokalee Road (C.R. 846) in Sec. 21, T48S, R26E, and contains 500 acres, more or less. (Companion to Agenda Items 12B.3 and 12C.1) (3) Resolution of the Board of County Commissioners of Res. 96-483 Adopted - 5/0 Collier County determining that revisions to the Regency Village of Naples Development Order does/does not constitute a substantial deviation requiring further development of regional impact review. (Companion to Agenda Items 12B.5 and 12C.4) (4) Petition DOA-96-2, William R. Vines of Vines and Res. 96-484/D0-96-3 Associates, Inc., representin9 Pelican Strand, Ltd., Adopted 5/0 requesting an amendment to the Regency Village of Naples Development Order 90-1, as amended, for the purpose of adding 375.3 acres of land to the area covered by the Development Order; changing the name to Pelican Strand, and adopting a new Master Plan for property located in parts of Section 18 and 19, T48S, R26E. (Companion to Agenda Items 12B.5 and 12C.3) (5) Petition AV 96-023 for the vacation of two, five-foot Res. 96-485 Adopted - 5/0 utility easements on sites 92 and 93, Pelican Bay Unit 7, as recorded in Plat Book 14, Page 100, of the Public Records of Collier County, Florida (6) Public Workshop to receive input as to whether the Continued until more County shall exercise its early termination option for information is available operation of the County Landfill near the intersection of CR-951 and 1-75 (To he heard at end of regular Board of County Commissioners meeting) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition NUA-96-2, Harold E. Vann requesting a Res. 96-486 Adopted - 5/0 non-conforming use alteration in order to replace an existing mobile home with a new manufactured dwelling for property located on the east side of Bald Eagle Drive on 5 October 22, 1996 Marco Bay in Sec. 5, T52S, R26E. (2) Petition CU-96-15, Dr. Neno J. Spagna representing Res. 96-487 Adopted - 5/0 the Church On The Rock requesting Conditional Use "10" of the C-1 Zoning District for a church and church related facilities for property located on Pine Ridge Road. (3) Petition CU-96-12, Don Apperson requesting Res. 96-488 Adopted with Conditional Use to allow for a house of worship for stipulations 4/1 property located on the south side of Golden Gate (Commissioner Matthews Boulevard in Sec. 11, T49S, R26E. opposed) (4) Petition V-96-19, Mark Lamoureux, P.E., of Mark Res. 96-489 Adopted - 5/0 Lamoureux Engineering representing Executive Development Corporation requesting a 5 foot variance from the required 15 foot side yard setback to 10 feet for carports for property located at 1550 Tamiami Trail North, in Sec. 15, T49S, R25E. B. OTHER (1) Petition CU~94-4, Blair A. Foley representing James Res. 96-490 Adopted - 5/0 Billie requesting an extension of Conditional Use "23" of the "A" Agriculture Zoning District to allow for museum and Indian Cultural Facility that has previously received conditional use approval for property located on the south side of U.S. 41 and approximately 3 miles east of the Port of the Islands in Sec. 13, T52S, R28E, consisting of 10 acres. 14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Added 1. Discussion regarding Cleveland Clinic (Commissioner BCC to support request for Norris) a Public hearing by the Cleveland Clinic. 15. STAFF'S COMMUNICATIONS Added 1. Christmas and New Year's vacation and board meeting No BCC meetings to be held schedule. on Dec 24 and Dec 31. 16. CONSENT AGENDA All matters listed under this item are considered to be routine Approved and/or adopted and action will be taken by one motion without separate with changes 5/0 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. 6 October 22, 1996 A. COM3r~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Petition AV-96-021, recommendation to approve for Resolution 96-477 with recording the final plats of "Augusta Falls" and Construction & Maintenance "Fountainhead Subdivision Replat" and approve the Agreement (Commissioner vacation of portions of the recorded plat of Mac'Kie abstained} "Fountainhead Subdivision". (2) Recommendation to approve for recording the final With stipulations, plat of "Pelican Marsh Unit Thirteen". Construction & Maintenance Agreement, and Letter of Credit (3) Recommendation to approve for recording the final plat of "Pelican Marsh Unit Fourteen". (4) Recommendation to approve for recording the final With stipulations and plat of "Calumet Reserve" Construction & Maintenance Agreement (5) Request the Board of County Commissioners approve the Resolution 96-478 Resolution authorizing the Natural Resources Department Director to apply for and administer the Florida Department of Environmental Protection Special Waterway Projects Grant. B. PUBLIC WORKS (1} Approve an amendment to a professional services In the amount of $46,300 agreement with Camp, Dresser & McKee for engineering services related to the Wastewater Master Plan Update (RFP #95-2451) (2) Award contract to construct reclaimed water Awarded to Mitchell & transmission main from Quail Creek to the North County Starke in the amount of Regional Water Treatment Plant Phase I, Bid No. 96-2581 $783,400.62 (3) Recommendation to award Bid #96-2562R for wellfield Awarded to AMPS, Inc. in maintenance and rehabilitation the estimated amount of $316,920 (4) Approve the Stipulated Order for payment of attorney In the amount of $8,348 fees and costs for acquisition of Parcel Nos. 39 and 41 for the Bonita Beach Road four laning project (5) This item has been deleted. (6) Approval of budget amendments to correct shortfall in Road and Bridge equipment repair and maintenance budget Withdrawn (7) Recommendation to award Bid #96-2580 for underground Withdrawn utilities supplies 7 October 22, 1996 C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners approve acceptance of a grant award agreement for $360,902 from the Florida Department of State, Division of Historical Resources for restoration of the Museum of the Everglades, and authorize the Chairman to sign the agreement and the requests for advanced grant palanent. (2) Recommendation to have the Board of County In the amount of $25,000 Commissioners approve a budget amendment recognizing a private contribution for use in the Collier County Animal Control Department. (3) Recommendation that the Board of County Commissioners approve a limited use agreement between Collier County and Naples North Rotary Club, Inc., for parking for the Fantasy in Fire Exhibition. (4} Recommendation that the Board of Collier County Commissioners authorize the annual contract between the State of Florida Department of Health and Rehabilitative Services (HRS) and Collier County. Withdrawn (5) Recommendation that the Board of County Commissioners Withdraw~ terminate the existing concession agreement relative to the Cocohatchee River Park facility and authorize staff to advertise for a new request for proposals for said concession. D. SUPPORT SERVICES (1} Recommendation to award Bid #96-2565 for purchasing Awarded to Scott Paints & paint and related items. Sherwin Williams (2) Recommendation that the Board of County Commissioners award Bid #96~2585, Annual Contract for Painting to Paint Doctor Painting Contractors, Inc. (3) Recommendation that the Board of County Commissioners approve a Lease Agreement between Collier County and Orange Pine Limited Partnership for the continued use of office space at Orangetree Center. E. COUNTY 14~/qAGER (1) Recommendation that the Board of County Commissioners approve and execute an Avigation Easement over Fiddler's Creek for the approach path to Marco Island Executive Airport. (2) Budget Amendment Report. BA 97-007 F. BOARD OF COUNTY COMMISSIONERS 8 October 22, 1996 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. 93-1663-CFA, 92-3904-MMA, 90-5776-TMC, 92-2387-MI, 88-1315-MM96-844-CFA, 96-1984-MMA, 96-2535-MMA, 96-4414-MMA, 87-590-CJA. RECOMMEND APPROVAL. 2. Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to approve a budget amendment recognizing Florida Department of Transportation Grant Award #J7-97-13-08-01 in the amount of $227,000. I. COUNTY ATTORNEY (1) Recommendation that the Board approve appraisal contracts with Coastal Appraisal Services, Sewell, Valentich, Tillis & Associates and Klusza & Associates for appraisal services and expert testimony in acquiring the temporary taking on the proposed landfill sites and the fee take of the selected site. 17. ADJOURN 9 October 22, 1996