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Recap 10/26/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 26, 1999 9~00 a.m. NOTICEs ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. 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 CHAIRWOMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380! ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. 1 October 26, 1999 Added Added LUNCH RECESS SCHEDULED FOR 12500 NOON TO 1500 P.M. INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 with the exception of item 17A, which was 4-0 with Comm. Mac,Eie abstaining. APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as Presented - 5/0 September 28, 1999 - Regular Meeting October 4, 1999 - Value Adjustment Board PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming November 8, 1999 as Community and Regional Planning Day. To be accepted by Ms. Dottie Cook, AICP, Southwest Florida Regional Planning Council Adopted - 5/0 2) Proclamation proclaiming week of November 7-13, 1999 as Youth Appreciation Week in Collier County. To be accepted by Mr. Gerald Neff, President, Sunset Optimist Club Adopted 5/0 3) Proclamation proclaiming Monday, November 8, 1999, as Rod Laver Day. To be accepted by Larry Lewis, Pelican Bay Tennis Facility Director Adopted 5/0 Tax Collector Guy Carlton presented a check in the amount of $3,184,021.33. 2 October 26, 1999 Be SERVICE AWARDS Presented 1) PUBLIC SERVICES~ a) b) c) d) Martha Skinner, Social Services - 30 Years Irving Baez, Park & Recreation - 10 Years Shahla Kermani, Library 5 Years Joan Wojcik, Library - 5 Years 2) PUBLIC WORKS= 3) 4) 5) 6) a) b) c) d) e) f) g) h) i) Elida Valdez, Transportation - 25 Years Enrique Salas, Transportation - 20 Years Robert Dennison, Wastewater 10 Years Dale Bergenback, Transportation - 10 Years James Dibuono, Wastewater - 10 Years James Foster, Water - 10 Years Duban Guerrero, Transportation - 5 Years Gonzalo Blanco, Transportation - 5 Years Ray Wells, Water Distribution - 5 Years SUPPORT SERVICES~ a) b) John Ure, Facilities Management. - 15 Years John D'Amico, Facilities Management - 15 Years COMMUNITY DEVELOPMENT~ a) b) c) Randy Casey, PS/Engineering Review - 15 Years Gursel Yilmaz, Pollution Control - 10 Years David Hedrich, Code Enforcement - 5 Years EMS~ a) b) c) d) e) f) g) Scott Wernert - 5 Years Jonathan Harraden - 5 Years Sandra Pitts - 5 Years Eva Weeks - 5 Years Michelle Williamson - 5 Years Todd Coulter - 5 Years Daniel Bowman - 5 Years COUNTY ATTORNEY~ a) Mary Stuczynski - 10 Years 3 October 26, 1999 7) AIRPORT AUTHORITY~ a) Gail Hambright - 5 Years 8) PELICAN BAYs a) Jeffery Sawicki - 5 Years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Ao Scott Bonham regarding the Davis Blvd. median beautification project. Staff directed to look at safety issue immediately and return in 2 weeks with report regarding palm trees and extending project to County Barn Road. COUNTY ADMINISTRATOR'S REPORT Ao COMI~/NITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Redirection of the ad hoc Collier County Census 2000 Complete Count Committee. Staff to proceed and implementation costs for the private initiative in the amount of $150,000 - 5/0 2) This item has been deleted. 3) PETITIONER HAS REQUESTED THAT THIS ITEM BE CONTINUED. Review hearing to consider a protest of Correctional Facilities impact fees assessed to Grey Oaks Country Club, Inc. for a clubhouse expansion. 4) Tourist Development Funding for Southwest Heritage, Inc. regarding advertising and promotion of the Lionel Toy Train Museum $17,000. Denied - 4/1 (Commissioner Mac,Kie opposed) 5) Request by Anthony P. Pires, Jr. representing the Naples Italian American Club for a waiver of the application fee for a variance. (COMPANION TO 17 F) Approved - 4/1 (Commissioner Norris opposed) 4 October 26, 1999 Continued to 11/23/99 6) Proposal to prepare regulations to ensure that properties in North Naples (Sections 18 and 19, Township 49 South, Range 26 East) are developed in a coordinated manner with regard to public roads, storm drainage, water, and sewer utilities 7) Recommendation to approve Commercial Excavation Permit No. 59.691, "Forest Park (Heron Lakes)" located in Section 33, Township 49 South, Range 26 East; Bounded on the North by the Golden Gate Canal (Golden Gate City), on the South by 1-75, on the East by land zoned agriculture, and on the West by Golden Gate Community Park and Berkshire Lakes PUD. Continued to 11/9/99 - 5/0 8) Discussion on the Florida Department of Transportation Fast Track Economic Growth Initiative. Presented B. PUBLIC WORKS 1) Report to the Board regarding Road Impact Fee Update Study. Staff to Redirect gas tax money toward maintenance, looking at the higher numbers; Public Hearing to be held on December 14, 1999 4/0 - (Commissioner Constantine out) 2) A report to the Board on the Sanitary Sewer Sub Element of the Collier County Growth Management Plan. Staff to amend the Goals, Objectives and Policies of the Sanitary Seweer Sub Element of the plan as proposed. Approved 5/0 Moved from Item #16B3 3) Approve Amendment No. 5 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri Pass and Big Marco Pass Inlet Management Plan to provide project authorization for additional T-Groins at Hideaway Beach. Approved 4/0 (Constantine out) C. PUBLIC SERVICES 5 October 26, 1999 D. SUPPORT SERVICES 1) A Report to the Board on the Progress of Year 2000 Compliance. Presented 2) A settlement discussion regarding the lawsuit, Wajerski vs. Collier County, Case Number 95- 3067-CA-01. Settlement rejected 5/0 Moved from Item #16D3 3) Approval to Complete Repairs at the Main Courthouse Plaza. Approved 3/2 (Commissioners Mac,Kie and Constantine opposed) E. COUNTY ADMINISTRATOR 1) Board adoption of a County legislative agenda. Approved with additional change re title legislation and endorsement of Bill #199 - 5/0 F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 9. COUNTY ATTORNEY'S REPORT Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the Office of the County Attorney and the Risk Management Department to retain outside counsel to represent three individual county employees sued in Poppv. Collier County, Case No. 99-3286-CA, Twentieth Judicial Circuit in and for Collier County, Florida and waive the purchasing policy to the extent it applies to the selection of Outside Counsel. Approved 5/0 10. BOARD OF COUNTY COMMISSIONERS THIS ITEM IS TIME CERTAIN FOR 9~30 A.M. Update from Army Corps of Engineers staff on the Environmental Impact Statement. (TO BE HEARD IN CONJUNCTION WITH ITEM 10(D). Presented Appointment of member to the Public Vehicle Advisory Committee. 6 October 26, 1999 Res. 99-405 appointing William J. Csogi - Adopted 5/0 C o Appointment of members to the Parks and Recreation Advisory Board. Res. 99-406 appointing Charles M. McMahon, Sr. and Mary Ellen Rand - Adopted 5/0 Do A Resolution of the Board of County Commissioners of Collier County requesting an extension of the Public Comment period for the Army Corps Draft EIS (Timothy J. Constantine) Res. 99-404 Adopted w/changes - 5/0 Added E. Discussion regarding X-Fest (Commissioner Carter) Discussed Added F. Permission to enter into discussion on an informal basis with a consultant and Lee county re solid waste and authorize staff to continue discussions with Lee County (Commissioner Berry) Consensus 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) Public hearing for the 1999 Growth Management Plan Amendments. Res. 99-407 with changes and the exception of CP-99-05 - Adopted 5/0 Ord. 99-72 - Adopted 5/0 B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. Petition R-99-1, Geoffrey G. Purse of Purse and Associates, Inc., representing Sunset Harbor Club, requesting a rezone from C-4 to RMF-12(8) for property known as Sunset Cay, located approximately 695 feet 7 October 26, 1999 south of U.S. 41 East on Newport Drive at Port of the Islands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, consisting of 6.85 +/- acres Ord. 99-73 - Adopted 4/0 (Commissioner Carter out) 2) Petition PUD-76-35(2), R. Bruce Anderson, Esq., of Young, vanAssenderp, Varnadoe & Anderson, P.A., representing Aquaport, L.C., requesting an amendment to the Wildernes PUD, Ordinance No. 77-7, for the purpose of approving a mixed use (retail/service/offices) commercial development not to exceed 37,460 square feet of ground floor space subject further to a specific Site Development Plan for parcel 9 (a.k.a.) commercial tract of said Wilderness PUD Master Plan for property fronting on Goodlette-Frank Road (C.R. 851) in Sections 22 and 27, Township 49 South, Range 25 East, Collier County, Florida. Ord. 99-74 Adopted w/changes - 5/0 3) Petition PUD-87-36(3), Karen K. Bishop, representing NTC Development Limited, seeks to repeal the current Carlton Lakes PUD and to adopt a new PUD in order to add drugstore, supermarket, and related uses to the uses already approved for the commercial tract of the PUD. This site is located on the north side of Immokalee Road at the intersection of Immokalee Road and Livingston Road. Ord. 99-75 Adopted w/changes - 5/0 Continued to 11/23/99 4) THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A" to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately ~ mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85+ acres. C. OTHER 1) An ordinance repealing Ordinance 97-9 and replacing same with a new ordinance relating to street numbering, the names of streets and 8 October 26, 1999 13. 14. 15. project, renaming public and private streets and providing procedures pertinent thereto. Ord. 99-76 Adopted w/changes - 5/0 BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER STAFF'S COMMUNICATIONS A. Discussion re road planning process projects. B. Staff directed to review ordinance relating to outdoor concerts. BOARD OF COUNTY COMMISSIONERS' COM~3NICATIONS A. Discussion re order issued by Judge Hayes relating to the two groups using Lake Avalon. 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 Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES . 1) Petition C-99-8, Reverend Villmar Orsolin of Lady of Guadalupe Catholic Church requesting a permit to conduct a carnival on November 24 through 28, 1999 at 207 South 9tn Street in Immokalee. Carnival Permit 99-8 2) Petition C-99-9, Reverend Joseph Spinelli of St. Elizabeth Seton Catholic Church, requesting a permit to conduct a carnival on November 10,11,12,13,and 14, 1999 at 5325 28tn Avenue S.W., Golden Gate City. Carnival Permit 99-9 3) Request to approve for recording the final plat of ~Eden at the Strand", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the 9 October 26, 1999 performance security. w/stipulations and performance security and Construction and Maintenance Agreement 4) Request to approve for recording the final plat of "Santorini Villas at Olde Cypress", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations and performance security and Construction and Maintenance Agreement 5) Request to approve for recording the final plat of "Island Walk Phase Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations and performance security and Construction and Maintenance Agreement B. PUBLIC WORKS 1) Approve Change Order to the North County Regional Water Treatment Plant 8-MGD Expansion, Bid 97-2690R, Project 70859/70828. in the amount of $80,869.00 2) Approve Amendment No. 6 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri Pass and Big Marco Pass Inlet Management Plan to provide project authorization for dredging the entrance to Collier Bay. Moved to Item #8B3 3) Approve Amendment No. 5 to the Professional Services Agreement with Humiston & Moore Engineers for the Capri Pass and Big Marco Pass Inlet Management Plan to provide project authorization for additional T-Groins at Hideaway Beach. 4) Approve Settlement Agreement between Collier County, the Key Marco Development District, and Key Marco Development. 5) Award Bid No. 99-2990 for the construction of Livingston Road (Radio Road to Golden Gate Parkway) to Better Roads, Inc. In the amount of $9,054,969.07 and budget amendment to transfer City of Naples funding lO October 26, 1999 contribution in the amount of $201,600.00 from reserves to the project C. PUBLIC SERVICES 1) Approval of budget amendment recognizing and appropriating $58,581 of carry-forward from a Gates Learning Foundation Grant received in FY 99. D. SUPPORT SERVICES 1) Approval to award bid #99-2978 to painting contractors for annual painting contract. Awarded to various vendors as indicated in the Executive Summary 2) Approval of Express Scripts, Inc. as the Prescription Drug Provider for the County's Group Health Insurance Program. Moved to Item #8D3 3) Approval to Complete Repairs at the Main Courthouse Plaza. 4) Approve Unanticipated Expenditures Related to Major Plumbing Repairs at the Immokalee Stockade. Budget amendments for plumbing repairs as listed in the Executive Summary 5) Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property. 6) Approval to utilize state contracts for purchase of furniture and floor covering over Twenty-Five Thousand Dollars. w/stipulations that purchases not to exceed the appropriation for each project or operating cost center 7) Approval to recognize $87,760.85 in cash rebates from FP&L resulting from performance contracting. 8) Award of RFP #99-2969 to Naples Studio for production of a weekly County Government cable television news program. 30 weekly news programs in calendar year 2000 in the amount of $65,000 11 October 26, 1999 E. COUNTY ADMINISTRATOR He Je 1) Budget Amendment Report - Budget Amendment #00- 010; #00-011; #00-012; ~00-020. BOARD OF COUNTY COMMISSIONERS EMERGENCY SERVICES 1) Agreement approval and adoption of Resolution authorizing the Execution and Agreement of said agreement between the Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Trust Fund. Res. 99-397 2) Award Bid #99-2987 for the provisions of medications for the Department of Emergency Medical Services. Awarded to Sunbelt Medical Supply MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Collier County Commission endorse the United States Department of Justice/Department of Treasury Federal Equitable Sharing Annual Certification Report. COUNTY ATTORNEY 1) Recommendation to approve a legal services agreement with Fixel & Maguire as Legal Counsel to represent County relating to County's property acquisition interests including Eminent Domain Proceedings, for the Radio Road Improvement Project (Project No. 65031) . At discounted hourly rates as described in the Executive Summary AIRPORT AUTHORITY 1) To recognize an additional grant of $27,500 and increase the Immokalee T-Hangar Construction budget by $55,000. 12 October 26, 1999 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA~ 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. ao Petition PUD-98-07(1) Karen K. Bishop of PMS, Inc., of Naples, representing Kenco Development, Inc., requesting a rezone from "PUD" (Wyndham Park) to "PUD" to be known as Indigo Lakes having the effect of amending the PUD document for the purposes of changing the project name, increasing the project acreage from 120.85 +/- acres to 140.85 +/- acres, changing the density from 3.66 units per acre to 3.14 units per acre, and changing the property ownership for property located on C.R. 951, south of the existing Oak Ridge Middle School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida. Ord. 99-71 Comm. Mac,Kie abstained B. THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 Ce MEETING AND FURTHER CONTINUED (NO DATE). Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidential facilities including a club house, 50,000 square feet of C-3 commercial uses and/or a hotel on property located between U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 111th Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. Petition CU-99-12, Louis H. Stirns, requesting conditional use in the "A" Rural Agricultural zoning district for a retail nursery for property located at 2061 Moulder Drive, in Section 30, Township 48 South, Range 27 East, Collier County, Florida, 13 October 26, 1999 Go consisting of 10 +/- acres. Res. 99-398 Petition CU-99-21 William L. Hoover, AICP, of Hoover Planning representing Richard and Jean Yahl and Teresa Yahl Fillmore, requesting Conditional Use ~2" of the "A" zoning district for a sawmill, per Section 2.2.2.3., for property located in Section 31, Township 49 South, Range 27 East, Collier County, Florida. Res. 99-399 Petition V-99-13, Thomas F. Long requesting a 10 foot variance to reduce the required 25 foot front yard setback to 15 feet for property located at 216 Fifth Street, Little Hickory Shores Unit 2, in Section 5, Township 48 South, Range 25 East, Collier County, Florida. Res. 99-400 Petition V-99-16, Anthony P. Pires, Jr., and J. Christopher Lombardo of Woodward, Pires & Lombardo, P.A., representing the Naples Italian Club, Inc., requesting a variance of 10 feet from the required 50 foot front yard to 40 feet and a variance from the open space requirements of Land Development Code Section 2.6.32.1 for property located at 7035 Airport-Pulling Road North, in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (COMPANION TO 8(A) 5). Res. 99-401 Petition 0SP-99-2, William L. Hoover, AICP, of Hoover Planning, representing Craig D. Timmins, Trustee, requesting approval of an off-site parking petition on Lot 70, Palm River Shores to serve a commercial development located on Tamiami Trail North directly to the west of the subject parcel on Lots 71,72,73,74, and 75, Palm River Shores. Res. 99-402 w/stips THIS ITEM WAS CONTINUED FROM THE OCTOBER 12, 1999 MEETING. Petition VAC 99-003 to disclaim, renounce and vacate the County's and the public's interest in the east 565.38 feet of the 84' wide road right of way shown as "Falling Waters Boulevard, Tract D" on the plat of "Falling Waters Replat" as recorded in the Plat Book 19, Page 7, Public Records of Collier County, Florida and being located in Section 8, Township 50 South, Range 26 East and to accept a 15' wide utility easement. Res. 99-403 14 October 26, 1999 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 15 October 26, 1999