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Recap 03/09/1999 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 9, 1999 9:00 a.m. NOTICE: 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. 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. 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 - Reverend Peter Lyberg, Shepherd of the Glades Lutheran Church 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA 1 March 9, 1999 C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES Approved as presented - 5/0 A. February 9, 1999. 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the week of March 7-13, 1999 as The 20th Anniversary of the Know Your County Govemment Week. To be accepted by Rhiannon Howell and Jereme Brancheau. Adopted 5/0 2) Proclamation proclaiming March 19, 1999 as A Day In Celebration of Families. Adopted 5/0 3) Proclamation proclaiming week of March 21, 1999 as Invasive Exotics Control Week. To be accepted by Mr. Bill Lorenz, Natural Resources Director. Adopted 5/0 Added: 4) Proclamation recognizing "Days of Remembrance of the victims of the Holocaust". Adopted 5/0 B. SERVICE AWARDS Presented 1) Susan Lemay, EMS - 15 years 2) Nan Gerhardt, Parks and Recreation - 10 years 3) Gregory Harrison, Road and Bridge - 10 years 4) Robert Kohl, DOR - 10 years 5) Rudy Luna, Water - 10 years 6) Charlie Jackson, Road and Bridge - 5 years C. PRESENTATIONS 1) Recommendation to recognize Sam Poole, Lieutenant Paramedic, Emergency Medical Services Department, as Employee of the Month for March 1999. Recognized 2 March 9, 1999 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Terri Tragesser representing the Greater Naples Civic Association requesting appointment of a Select Committee to develop an Urban/Rural Design Master Plan for Collier County. Staff to place this item on an upcoming agenda (Consensus) 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Accept the 1999 Tourism Agreement between Collier County and the Marco Island Film Festival, Inc. Approved - 5/0 2) Initiation of a Conditional Use to allow boat docks as a permitted Principal Use in Block H, Little Hickory Shores, Unit No. 3 Replat. Staff to move forward to schedule a public hearing - 5/0 3) Lynne H. Dreyer, representing the Collier County Medical Society Alliance Foundation, requesting a waiver of the fight-of-way permit fee for the closing of Vineyards Boulevard for the Women's Healthweek Race to be held on March 13, 1999. Approved - 5/0 4) Pete Havran, representing the Naples Airport Kiwanis Club, requesting a waiver of the Temporary Use Permit for a special event held on December 12, 1998 in Golden Gate. Approved - 5/0 5) Presentation by the State of Florida Division of State, Land Acquisition Section, regarding the State's ongoing efforts to purchase lands in an area of Collier County known as the Southern Golden Gate Estates. Presented 6) Administrative subdivision and plat approval process. (verbal report by staff) Report presented Added: 7) Request to approve for recording the final plat of "Pelican Strand Replat Tract 15" and approval of the performance security. 3 March 9, 1999 Approved subject to construction and maintenance agreement and stipulations and letter of credit - 5/0 Added: 8) Petition VAC-99-006 to disclaim, renounce and vacate the Public's interest in a parcel of land conveyed to Collier County as a utility easement, located in Crown Pointe Shores III Condominium. Approved - 5/0 B. PUBLIC WORKS 1) Approve Amendment to the Eagle Creek Sewer Service Agreement. Approved - 5/0 2) Discussion and action to establish the location and agenda for the Board of County Commissioners Solid Waste Disposal Workshop. Workshop meeting to be held April 20, 1999 at 7:00P.M. at the BCC Chambers 3) Resolution approving an interlocal agreement between Florida Governmental Utility Authority and Collier County relating to the potential acquisition of the Golden Gate Utility System. ~ Resolution CWS-99-1/Resolution 99-169 - Adopted 5/0 Added: 4) Accept a canal easement from Investors Real Estate Southwest, Inc. Approved - 5/0 C. PUBLIC SERVICES D. SUPPORT SERVICES 1) Authorization to Produce and Broadcast a Weekly Thirty Minute Local Government Cable Television Program. To be brought back during budget process - Consensus Moved from Item #16D4: 2) Report and Recommendations Concerning the Selection of Consultants. Accepted - 5/0 E. COUNTY ADMINISTRATOR 1) Discussion and approval of FY2000 Budget Policy. Adopted w/changes (Consensus); Budget Workshop dates scheduled for June 17, June 18 and June 21, 1999; Adoption of 4 March 9, 1999 proposed millage is scheduled for August 3, 1999; 2) Discussion regarding the satellite government task force. Report Presented F. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT A. Recommendation for the Board of County Commissioners to accept a settlement proposal of $7,500.00 to resolve the case of Marshall v. Collier County, Case No. 97-541-CIV-FTM-24D, now pending in the United States District Court for the Middle District of Florida. Approved - 4/0 (Commissioner Norris opposed) B. Recommendation to consider a settlement proposal in the case of Anita Mann, et al. Vs. Collier County, Case No. 98-929-CA, pending in the Twentieth Judicial Circuit court, Collier County, Florida. Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS Deleted: A. Schedule Board of County Commissioners vacation. B. Consideration to approve request from SWFRPC for a letter of support stating the County's interest in remaining an active member of the Economic Development District and supporting the Overall Economic Development Program. Approved - 5/0 C. Consideration of a fee waiver for park fees and beach parking fees for the Marco Sports Festival. (Commissioner Norris). Approved - 5/0 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS A1 Perkins regarding Autistic Children PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC 5 March 9, 1999 A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) CONTINUED FROM THE MEETING OF FEBRUARY 23~ 1999. Petition PUD-98-17, Blair A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman, requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as Whittenberg Estates PUD for a maximum of 114 single family and multi-family dwelling units on property located on the north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50 South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres. Ord. 99-20 Adopted w/changes 4/0 (Commissioner Berry abstained). 2) Petition R-98-10, Amin Farah, representing Raida Hamdan requesting a rezone from "C-4" to "C-5" for a grocery store and bus stop for property located at the corner of Boston Avenue and First Street (C.R. 846)), further described as Lots 11 and 12, Block 1, Carson's Subdivision in Section 4, Township 47 South, Range 29 East, Immokale, Florida, consisting of 1 +/- acre. Tabled; to be brought back in June as a Conditional use - 5/0 3) PUD-98-22 George L. Varnadoe, EXQ, of Young, van Assenderp & Vamadoe, P.A., representing Clyde C. Quinby, Trustee, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Ibis Cove for a mixed use residential project including assisted living housing and community facilities such as churches, schools, civic and cultural facilities, for property located on the south side of Immokalee Road, east of Gulf Coast High School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida, consisting of 96.5 + acres. Ordinance 99-21 - Adopted - 5/0 C. OTHER 1) An Ordinance providing for the establishment of more stringent local ethics standards and for enforcement thereof; providing for title and citation; providing for findings; providing for definitions; providing for reporting and prohibited receipt of gifts by individuals filing full or limited public disclosure of financial interests and by procurement employees; providing for lobbyist registration; providing for post- employment restrictions; providing for supplemental provisions; providing for penalties; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing 6 March 9, 1999 for an effective date. Ordinance 99-22 Adopted with changes - 5/0 2) Petition approving with conditions Petition CCSL-99-1, requesting a variance from the Coastal Construction Setback Line to allow 1) dredging of Clam Pass and the Clam Bay System, 2) placement of beach compatible material along the beaches north and south of Clam Pass, and 3) placement of non-compatible material in created containment basins in the back dune area north of Clam Pass (in the Collier County owned conservation area), located within the Pelican Bay Planed Unit Development (see exhibit for legal description) Sections 4,5,8,9,32 & 33, Township 49 South, Range 25 East, Collier County, Florida Resolution 99-168 - Adopted with changes 5/0 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS A. Discussion of proposed date for Sales Tax Workshop (April 13th). Date confirmed 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS A. Discussion regarding the process of adoption of the Density Reduction Plan. Discussed 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Lien Resolutions - Code Enforcement Case Nos. 80615-005 William D Roberts, Deceased, Robert A Roberts and Richard H Roberrs, Co- Trustees; 80615-006 William D Roberts, Deceased, Robert A Roberts and Richard H Roberts, Co-Trustees; 80714-042 Hubert & Christa Hein % William Scherer; 80723-073 James & Beatrice Bruskay; 80723-074 James & Beatrice Bruskay 7 March 9, 1999 Resolutions 99-158 Through 99-162 2) Request to approve for recording the final plat of "Quail Walk Phase Four" and approval of the performance security. With Letter of Credit, Construction and Maintenance Agreement and Stipulations 3) Request the Board review and approve a Road Impact fee refund in the amount of $1,738.00. To the Club Estates Realty, Inc. 4) Request to approve for recording the final plat of "Catamaran Court at Tarpon Cove" and approval of the performance security. With Construction and Maintenance Agreement and Stipulations 5) Request to approve for recording the final plat of "Venezia at Grey Oaks" and approval of the performance bond. With Construction and Maintenance Agreement and Stipulations 6) Authorization of a 100% waiver of impact fees for one house to be built by Jill J. Weaver at 3411 Basin Street in Sable Shores Subdivision, Collier. Resolution 99-163 and Agreement 7) Authorization of a 75% deferral of impact fees for one house to be built by Juan Rodriguez and Marta Rodriguez at 4560 Dominion Drive in Collier County. Resolution 99-164 and Agreement 8) Authorize the Chairwoman to sign the application for the Florida Department of Environmental Protection Artificial Reef Grant. In the amount of $25,000.00 9) Adoption of a resolution to support the Immokalee community's efforts to receive State funding to support the economic revitalization efforts underway in the Designated Federal Enterprise Community. Resolution 99-165 B. PUBLIC WORKS 1) Authorize funds for professional services to perform the Third Year of Post-Construction Monitoring Requirements for the Collier County Beach Restoration Project. In the amount of $258,570.00 2) Approve a contract change order for Advanced Lawn and Landscaping which exceeds ten percent of their current contract amount. Award Bid 8 March 9, 1999 No. 98-2906, purchase & delivery of organic and inorganic mulch. In the amount of $2,791.59 3) Approve a Budget Amendment to provide funding for fight-of-way acquisition and design services for the Airport-Pulling Road Six Lane Improvement Project No. 62031; CIE No. 055. 4) Approve Work Order #ABB-FT-99-1 with Agnoli, Barber and Brundage, Inc. to perform an evaluation of the origin of rocks on the Naples and Collier County Beaches. 5) Approve award of Annual Agreements for Roadway Contractors' Services on an as-needed basis (RFP 98-2905). To Hatper Brothers, Better Roads, APAC-F!orida, Inc., and Bonness, Inc. 6) Request to install pedestrian barrier handrail along Airport-Pulling Road at Pelican Marsh Elementary School Pedestrian Barrier Handrail not to exceed $3,000.00 with the County District School Board and Construction Department paying an equal share 7) Request that the Board of County Commissioners authorize a time of day waiver to the Code of Laws and Ordinances of Collier County, Florida, in conformity with Section 54-89 of the Code for the Dredging Activities related to the Clam Bay Restoration and Management Plan. 8) Approve final ranking of consultants for engineering services for the South County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP #98-2891, Project No. 70054. To negotiate a Professional Services Agreement with Metcalf & Eddy, Inc. C. PUBLIC SERVICES 1 ) Approval for a Resolution authorizing expenditure of funds for a picnic to recognize Collier County Board of County Commissioners employees. Resolution 99-166 2) Award the exotic vegetation removal (#98-2892) at Collier County Parks. To Native Creations, Inc. in the amount of $72,500.00 3) Approval of a budget amendment to pay for tipping fees associated with the removal and disposal of an unsafe building located at the 9 March 9, 1999 South Immokalee Park. In the amount of $15,000.00 4) Authorization of an amendment to the contract between Collier County and the Aggressive Skaters Association. D. SUPPORT SERVICES 1) Recommendation to Declare Certain County-Owned Property as Surplus and Authorize Sale of Surplus Property. Surplus Auction to Be held on Saturday, March 27, 1999. 2) Approval of an Agreement for the Publication of a County Government Information Guide. Agreement with the publishing firm of Future 1st Global, Inc. 3) Authorization to Execute Satisfaction of Lien Documents Filed Against Real Property for Abatement of Nuisance and Direct the Clerk of Courts to Record Same in the Public Records of Collier County, Florida. Moved to Item #8D2: 4) Report and Recommendations Concerning the Selection of Consultants. E. COUNTY ADMINISTRATOR 1) Budget Amendment Report BA 99-168 F. BOARD OF COUNTY COMMISSIONERS 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.: 98-06739MMA, 97-02907MMA, 98-02083MMA, 98- 06890MMA, 98-00602MMA, 98-01586MMA, 98-00887MMA, 97- 06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98- 01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98- 05261MMA, 97-09216MMA, 98-03302MMA, 98-07243MMA, 98- 08332MMA, 98-03588MMA, 97-10326MMA, 98-05457MMA, 97- 03556MMA, 98-03496MMA, 97-05466MMA, 98-04502MMA 2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED lo March 9, 1999 H. OTHER CONSTITUTIONAL OFFICERS I. COUNTY ATTORNEY J. AIRPORT AUTHORITY 1 ) Approve a Budget Amendment that will recognize a $189,000 grant reimbursement from the United States Department of Agriculture (USDA) and will re-appropriate $189,000 borrowed from other Airport capital proj cots. To the Everglades land acquisition and Marco Island surcharge projects 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. A. Petition CU-98-9 Blair Foley, P.E. of Coastal Engineering Consultants, Inc., representing Thomas Hawkins, requesting Conditional Use "5" of the "E" Estates Zoning District for a senior independent assisted care living facility per subsection 2.2.3.3. of the Land Development Code for property located at 2101 County Barn Road, in Section 8, Township 52 South, Range 26 East, Collier County, Florida, consisting of 9.63 +/- acres. Res. 99-167 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 11 March 9, 1999