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Recap 11/28/1995 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 28, 1995 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 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 12=00 NOON TO 1~00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted 5/0 A. Approval of consent agenda. Approved and/or adopted 5/0 4. APPROVAL OF MINITTES Approved as presented 5/0 October 31, 1995 - Regular meeting. November 1, 1995 - Special meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations 1 B. Service Awards Presented Danny Morris EMS 10 years C. Presentations 6. APPROVAL OF CLERK'S REPORT A.ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 94-95} 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) B. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 95-96) 2. Community Development Fund (113) (FY 95-96) 3. Facilities Construction Fund (301) (FY 95-96) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve a Foreign Trade Zone Approved 5/0 Development Interlocal Agreement between the Lee County Port Authority and Collier County for access to foreign trade zone benefits available from the foreign trade zone grantee. (2) Authorization to apply for FDEP Coastal Restoration Approved with change in Program and Florida Pollution Recovery Program grants for ranking - 5/0 habitat and water quality improvement projects in Vanderbilt Lagoon and Clam Bay. Added (3) Water and Sewer Facilities acceptance for Pine Air Approved w/stips 5/0 Lakes, Unit One (Staff's request) B. PUBLIC WORKS (1) Purchase land for environmental mitigation for the Approve Staff North Naples Roadway MSTU (Livingston Road) project recommendation 5/0 (2} A report to the Board of County Commissioners Accepted 5/0 regarding the progress of the Landfill Siting Citizens 2 Advisory Committee (3) Recommendation that the Board of County Commissioners Approved 5/0 approve the detailed Landfill Operating Plans submitted by Waste Management, Inc. of Florida (continued from 11/21/95 meeting) Moved from #16B9 (4) Approve the Joint Project Agreement with the Florida Res. 95-662 - Adopted 5/0 DOT for construction of a pedestrian/bicycle pathway with changes along Oaks Boulevard. C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners Res. 95-663 - Adopted 5/0 adopt Resolution 95- designating the Agricultural and Labor Program, Inc., (ALPI) as the community action agency for the receipt and administration of certain community service block grant funds. (2) Recommendation that the Board of Collier County Res. 95-664 Adopted & Commissioners direct staff to advertise property for sale Staff directed to for the development of a public golf course. advertise for sale of the property 5/0 D. SUPPORT SERVICES (1) Recommendation that the Board of County Commissioners Approved 4/0 (Commissioner award the contract to construct the addition to the Tax Mac'Kie out) Collector's Building (C-l) to William J. Varian Construction Company. E. COUNTY MANAGER (1) Year-End Report on Revenues for Fiscal Year 1995. Presented Withdrawn (2) Consider the request from the World Tennis Center for Withdrawn $70,000 Category C Tourist Development Grant (continued from BCC meeting of 11/21/95). Added (3) To Adopt revised guidelines for Tourist Development Res. 95-665 Adopted 5/0 Category C Grants as recommended by the Tourist Development Council (Staff's Request) 9. COUNTY ATTORNEY'S REPORT 10. BOARD OF COUNTY COMMISSIONERS Continued to 12/5/95 A. Update on Clam Bay NRPA. (Commissioner Timothy n. Continued to 12/5/95 Hancock) 3 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS A. Ms. Murphy on Educational Seminar Update Presented PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS {1) Petition PUD-95-5 Michael R. Fernandez, AICP, of Ordinance 95-68 Adopted Agnoli, Barber & Brundage, Inc., representing Michael J. with changes S/0 Volpe, Trustee, requesting a fezone from "A"-ST to "PUD" Planned Unit Development to be known as "Airport Plaza" for a development consisting of 25,000 square feet of commercial floor space and 30 dwelling units for property located on the southeast corner of Airport-Pulling Road and Hazel Road in Sec. 1, TSOS, R25E, consisting of 11.4 acres. (2} Petition R-95-6, Dayton L. Johnson representing Ordinance 95-69 - Adopted Dayton L. and Eileen R. Johnson requesting a rezone from 5/0 "A-ACSC/ST" - Rural Agricultural with an Area of Critical State Concern and Special Treatment Overlay to RSF-3 Residential Single Family District - for property located at Plantation Island in Secs. 13 and 24, T53S, R29E, containing 1.2± acres. (3) Petition PUD-g5-3, Michael J. Landy, P.E., of Butler Continued to 1/9/96 Engineering, Inc., representing Avatar Properties, Inc., requesting a rezoning of certain defined property as herein described from RMF-12 to PUD (Founders Plaza PUD) for property located on the north and south sides of Golden Gate Parkway (C.R. 886) between 53rd Street S.W. and 52nd Terrace S.W. in Golden Gate City, Lots 4-6, Block 206, Unit 6; Lots 1-4, Block 207, Unit 6; Lots 28-31, Block 217, Unit 6; Lots 1-7, Block 243, Unit 7; Lots 1-4, Block 262, Unit 7; and Lots 13-16, Block 261, Unit 7, in Sec. 28, T49S, R26E, consisting of 13.33± acres. (Continued to the meeting of 1/9/96) C. OTHER (1) Recommendation that the Board of County Commissioners Res. 95-668 - Adopted 4/0 adopt the Resolution setting forth the intent to use the (Commissioner Hancock out) Uniform Method of collecting Non-ad Valorem Assessments 4 for right-of-way maintenance, water management operations and maintenance, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas. (2) Community Development Services Division requesting Ordinance 95-71 Adopted approval of an Ordinance amending Ordinance Number 95-50 4/0 (Commissioner Hancock to correct a scrivener's error relative to legal out) descriptions for areas being rezoned by said Ordinance for property included in the Pelican Marsh PUD. (3) Discuss tentative rate increases, hear public comment Ordinance 95-72/MWS-95-3 and adopt revised rates for the Marco Water and Sewer Adopted over a 2 year District (continued from 10/24/95 meeting) period with 38% this year and 30% next year with changes 4/0 (Commissioner Hancock out) Continued to 12/5/95 (4) Petition AV 95-017, Q. Grady Minor & Associates, Continued to 12/5/95 P.A., as agent for owner, Sterling Oaks Joint Venture, requesting vacation of a portion of Tract C, of the Plat of Sterling Oaks, as recorded in Plat Book 23, Pages 5 20, of the Public Records of Collier County, Florida. Companion Item to the Replat entitled Wildcat Cove. (continued from 11/14/95 meeting) (5) Reconsideration of proposed amendments to Ordinance Ordinance 95-70 Adopted 86-67, permitting the practice of sub-metering within the 4/1 (Commissioner Collier County Water-Sewer District (continued from Constantine opposed) 10/24/95 meeting) (6) Public Hearing for the Royal Cove sewer special Option 2 as presented by assessment district to approve the plans, specifications Staff - Approved 5/0 and tentative apportionate cost Res. 95-666/CWS-95-10 eliminating Royal Cove from the District 5/0. Res. 95-667/CWS-95-11 approving plans, specs. and cost and recording of same. 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition V-95-17, Wayne A. Fritch of W.A.F. Homes, Res. 95-669 - Adopted 4/0 Inc., requesting a 5.2 foot after-the-fact variance from (Commissioner Hancock out) the required 30 foot front yard setback to 24.8 feet for property located on Lot 25, Berkshire Lakes Unit 7 in Sec. 32, T49S, R26E. (2) Petition SV-95-6, Thomas B. Hart of Humphrey & Knott, Denied 4/0 (Commissioner P.A., representing Sam Johnson requesting a 75 foot Hancock out) 5 variance from the required 150 foot road frontage for a pole sign to 75 feet for a multi-tenant building located at 3600 Tamiami Trail East. (3) Petition V-95-23, Ransom C. Reed representing Alfred Res. 95-670 - Adopted 4/0 P. and Jane K. Quilici, requesting a variance to allow (Commissioner Hancock out) construction of two interior walls from the required one and to allow construction of a utility/storage area not to exceed 225 square feet from the 120 square feet allowed in Section 2.2.11.2.2 of the Land Development Code for property described as Unit 523, Imperial Wilderness Condominium, Section Three, in Sec. 12, T51S, R26E. (4) Petition V-95-22, J. Dudley Goodlette, Esquire of Continued to 12/19/95 Cummings & Lockwood representing Gus G. Sciacqua requesting a 25 foot variance from the required 25 foot front setback to 0 feet for property located at 3078 Tamiami Trail North, further described as the north 86 feet of the west 200 feet of Lot 82, Naples Improvement Company Little Farms. (Continued to the meeting of 12/19/95) 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 Approved and/or adopted and action will be taken by one motion without separate 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES (1) Recommendation to approve the final plat of Construction & Maintenance "Briarwood Unit Four". Agreement (2) Recommendation to approve the final plat of Construction & Maintenance "Briarwood Unit Five" Agreement (3) Recommendation to grant final acceptance of the Res. 95-656 roadway, drainage, water and sewer improvements for the final plat of "Lely Resort Phase Eleven". (4) Recommendation to grant final acceptance of the Res. 95-657 roadway, drainage, water and sewer improvements for the final plat of "Hidden Harbour at Victoria Park". (5) Recommendation that the Board of County Commissioners authorize the Chairman to sign the Agreement for the Florida Department of Environmental Protection Artificial Reef Grant for the Artificial Reef Program of Collier County. (6) Recommendation to accept the security for Excavation Cash Bond Permit no. 59.551 "Club Marco" located in Sec. 17, T52S, R26E. (7) Recommendation that the Board of County Commissioners authorize the Chairman to sign a letter of support for a $500,000 grant for the Collier County Airport Authority. (8) Recommendation to approve for recording the final Res. 95-658 plat of "Berkshire Landings". B. PUBLIC WORKS (1) Recommendation to ratify the renewal of three agreements for various professional services (continued from 11/14/95 meeting) (2) This item has been deleted (3) Approve funding for Change Order No. 1 to the Barefoot Beach Parking Lot Contract (4) Approve funding of the City/County water interconnect and approve the necessary budget amendments (5) Approve a Stipulated Final Judgment for right-of-way acquisition Case Number 94-2934-CA-01-TB (Parcel Number 77) for Bonita Beach Road four-laning improvements (6) Approval for recording the plats and resolutions of Res. 95-659; 95-660; & establishment of the Vanderbilt Beach, Naples Beach, and 95-661 Park Shore erosion control lines (7) Approval of Change Order No. 3 to Contract No. 94-2253, Beach Cleaning Operations on Marco Island Continued to 12/5/95 (8) Approve sewer capital funding to acquire Parcel i of Continued to 12/5/95 Bathey property as part of the Hubschman Settlement Agreement Moved to #8B4 (9) Approve the Joint Project Agreement with the Florida Moved to #8B4 DOT for construction of a pedestrian/bicycle pathway 7 along Oaks Boulevard (10)Recommendation to approve the budget amendments of $11,700 for interfund transfers from County Water-Sewer District Reserves for Contingencies to Revenue Services to replace a meter reading truck C. PUBLIC SERVICES (1) Acceptance of Library Long Range Plan, in order to qualify for FY 1996 Library Operating Grant (State Aid to Libraries), administered by the State Library of Florida. D. SUPPORT SERVICES (1) This item has been deleted. (2) Recommendation to approve the Interlocal Agreement between Pelican Marsh Community Development District and the Board of County Commissioners of Collier County, Florida, as Ex-Officio The Governing Board of the Collier County Water-Sewer District. (3) Recommendation to approve and execute the Satisfaction of Claim of Lien. (4) Recommendation to approve and execute the Satisfactions of Notice of Promise to Pay and Agreement to extend payment of Sewer System Impact Fees. (5) Recommendation that the Board of County Commissioners of Collier County, Florida approve the addition to its list of pre-qualified Eminent Domain Appraisers of Kenneth R. Devos, MAI, and Woodward S. Hanson, MAI. (6) This item has been deleted. (7) This item has been deleted. (8) Recommendation that the Board of Commissioners approve the selection of Metropolitan Life Insurance Company as the County's Group Life Insurance Carrier. E. COD'NTY MANAGER F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE 1) Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Satisfaction of Lien: NEED MOTION authorizin9 the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 87-1247-CFB ($663.44). RECOMMEND APPROVAL. (3) Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS (1) To enter into a contract between the City of Naples and Collier County for the use of the specific County votin9 and ballot tabulation equipment for the City election of February 6, 1996. I. COUNTY ATTORNEY 17. ADJOURN