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Recap 11/09/1993 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 9, 1993 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. .INVOCATION /%ND PLEDGE OF ALLEGIANCE APPROVAL OF AGENDA AND CONSENT AGENDA Approval of consent agenda. ~PPROVAL OF MINUTES . ~/October 26, 1993 - regular meeting. >October 27, 1993 - Marco Island Town Meeting. A.~ Proclamations 1. Proclamation designating November 9, 1993, Bombay, India, Rotary Group Study Exchange Team Day. To be accepted by Indian Rotary Group Study Exchange Team and Team Leader Mike Davis. 2~ Proclamation designating Indian Festival Days. 3. Proclamation celebrating the anniversary of the David Lawrence Mental Health Center. To be accepted by Executive Director David Schimmel. Approved w/chan~es. 5/C _Approve~ and/or Adopte~ 5/0 Approved. 5/0 Adopted. 5/0 Adop_ted. 5/0 Adopted. 5/0 1 NOVEMBER 9, 1993  Proclamation terans' Day. / · designating Thursday, November 11, 1993 as Adopted. 5/0 /Benny R. Brown illiam R. Durning 5 years 5 years Parks and Recreation Utilities/Wastewater Not presented Presented- C. Presentations APPROVAL OF BUDGET AMENDMENTS Approval of Budget Amendment Report Budget Amendment Resolutions APPROVAL OF CLERK'S REPORT A. Budget Amendments 1. Regarding matters not previously discussed for 1993: None 2. Regarding matters previously discussed for 1993: None 3. Budget Amendment Resolution No.: None BA's 94-32~ 94-40 and 94-46 Adopted. 5/0 B. Tabulation of Contracts & Documents C. Analysis of Changes to Reserves for Contingencies 1. General Fund (001) For FY 92/93 2. General Fund (001) For FY 93/94 3. Community Development Fund (113) For FY 92/93 4. Community Development Fund (113) For FY 93/94 5. Facilities Construction Fund (301) For FY 92/93 6. Facilities Construction Fund (301) For FY 93/94 2 NOVEMBER 9, 1993 D. TO present to the Board of County Commissioners the status of  pecial districts' compliance with Florida Statutes, Chapter 189 quirements. Report accepted. 510 7. PUBLIC PETITIONS COUNTY MANAGER'S REPORT ITEMS TO BE HEARD FROM 9=00 A.M. - 12=00 NOON. MID-MORNING BREAK AT 10~30 A.M. "IA. COMMUNITY DEVELOPMENT \/(1) Report to the Board of County Commissioners regarding the and need for Approval of a Budget Amendment using (111) reserves to pay impact fees that were previously exempted, deferred or authorized for reimbursement. (Continued from the meeting of 11/2/93) /Reimbursement of two items re Habitat for Humanity ~o be reconsidered on 11/16. 4/1 ¢Ccmm~r. Vo~pe -0ppsd. ) .~.'3). C~ty/County Cooperative Affordable Housing Agreement. (4) Recommendation that the Board of County Commissioners consider deferring 100% of the impact fees for 35 dwelling units and ) deferring 50% of the impact fees for 141 dwelling units of the /176 unit Ospreys Landing affordable hosing project to be built /by Ospreys Landing, Ltd., a Florida Limited Partnership, from / .~library systems impact fees, parks and recreational impact ~f~es, road impact fees, emergency medical services impact fees, ~.water impact fees, sewer impact fees and educational facilities impact fees for Ospreys Land, a 176 unit affordable housing rental project. Re_~rt accepted. 5/0 Count.; Attorne_v to dra~ a_Dpropriate language t¢ amend_ all impact fee ordinances to keep the spending caps in place; and. prepare a resoluti¢ recuesting Att' y C~n.~ ' s opinion re utilization interest earnings on in~_act fees for Afford. FDusing. 3/2 (Ccnm~rs. Norris and Constantine qDDosed~. ) Tabled 4/1 (Com~sr. Saunders ~oppo_ s Res. 93-508 w/modificat of deferral from a minimum of vrs. to a · maximum of 7 yrs. pending advice back frc~ County Attorney. Adopted 3/2 (Oom~srs. Norris & Volpe opposed) (5) Report to the Board of County Commissioners providing alternatives to lessen the burden imposed upon the renter of property relative to the issuance of a zoning certificate. (This item relates to Agenda Item 10E on the Board of County Commissioners' Agenda of 10/12/93). (Continued from the meeting of 11/2/93). Approved 5/0 3 NOVEMBER 9, 1993 B. TRANSPORTATION (1) Petition AV 93-013 to vacate a 30 foot drainage easement Approved 5/0 '~ located on a parcel of land lying in Section 1, Township 49 South, Range 25 East and Section 6, Township 49 South, Range 26 East as recorded in Official Record Book 1193, Page 1126 of the Public Records of Collier County, Florida. · pUBLIC SERVICES ~) Recommendation that the Board of County Commissioners approve ~ / funding for a series of proposed improvements at Barefoot Beach County Park. Approved 4/0 (C~. Norris out) D. UTILITIES CONTINUED TO !1/23 MEETING Consideration of hardship program for qualifying residential properties within East and South Naples Sewer Project. ',, E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board affirm the Group Health Insurance rates which were adopted in the FY 94 budget. (As discussed in the meeting of 11/2/93). C~ntinued to 11/23/93 ~App..roved 5/0 F. EMERGENCY SERVICES ~ (~ Request the Board of County Commissioners review the attached ~/ consolidated Emergency Services District. (Continued from ~Septe~ber 7, 1993)~ C~nsolidation denied 5/C ENVIRONMENTAL SERVICES ~ /(1)/~tablishing a reimbursement policy for eligible annual ~S. 93-509 Adopted 5/0 / surcharges on occupational licenses for potential hazardous waste generators. 4 NOVEMBER 9, 1993 H. COUNTY MANAGER A. /esolutions approving bills to be presented to the Legislative MS. 93-510 through /Delegation that would repeal certain Collier County Special Acts: / Chapters 61-2036 and 67-892, Laws of Florida, relating to .ges. 93-522 Adopted / discharging firearms in certain areas of Collier County; Chapter w/ stip 5/0 \ / 71-409, Laws of Florida, relating to the designation of Frank Road V In~ Goodlette Road; Chapter 69-616, Laws of Florida, relating to a quota for issuing alcoholic beverage licenses to social clubs; ~Chapter 65-677, Laws of Florida, relating to minimum and maximum compensation of employees and officers of the Sheriff's Office; Chapter 79-442, Laws of Florida, relating to designating agents of the Animal Control Department as Animal Control Enforcement officers; Chapter 61-2022, Laws of Florida, relating to auxiliary county offices; Chapter 25734 (1949), Laws of Florida, relating to a fire control unit; Chapter 9412 (1923), Laws of Florida, relating to the Board of County Commissioners purchasing and receiving lands for park and parkway purposes; Chapter 70-641, Laws of Florida, relating to the appointment and compensation of the County Medical Examiner; Chapter 59-1189, Laws of Florida, relating to the transfer of property between the Board of County Commissioners and the Board of Public Instruction; Chapter 63-1238, Laws of Florida, relating to fixing, collecting and accounting for fees to be charged by the County Health Unit; Chapter 67-1238, Laws of Florida, relating to child care facilities; Chapter 61-2037, Laws of Florida, relating to the creation and establishment of water conservation districts. ~./ecommendation that the Board consider approval of pro rata share /of funding of multi-county litigation against the State Appellate ~/ Public Defender in regard to motion filed by the Appellate Public Defender to withdraw from cases. Approved 5/0 Consideration of amendatory language for Collier County Ordinance _~No. 80-24, pertaining to use of firearms in platted subdivisions. AD · AD~Point Marco eminent domain discussion. DBOARp., OF COUNTY COMMISSIONERS iscussion regarding the terms of the "Daily Cover" contract 5 NOVEMBER 9, 1993 // No Action To be discussed on 11/23/93 To be brought back on 11/16/93 awarded to Naples Recycling Resources, Inc., pursuant to bid number ~ J074. (commissioner Saunders) ~.A/~pointment of member to the Emergency Medical Services Advisory .. ~iiiiilt of member to the Public Vehicle Advisory Committee. ~ D.f Ken Hunt regarding waiver of exotic vegetation before a certificate f occupancy is granted. (Commissioner Norris). ~_~~' Discussion F. Resolut±on endorsing Franklin G. Baker. ~D~ADD~~ iscussion of fresh water boat ramps. ~AD~ D:H. /Discussicn regarding December 9th. concerning workshop with Constitutional Officers. scheduling of December 8th LDC meeting to 11. OTHER CONSTITUTION~L OFFIQERS PUBLIC COMMENT ON GENERAL TOPICS ~s. ~3-523 appointing Robert H. Mar0Taf Adopted. 5/0 .~es. 93-524 a_,DDointinc Randy_ Smith Adopted. 5/0 No action Workshop robeheld on 12/13 at ~:00 A.~. for approx. 1 hour Res. 93-530 AdoDted. 5/0 ~r. Ol!iff to ret~rn w/_update on Dossible ne~boat ramp sites on 11/30/93 Second public hearing to consider LDCamend- ments'tobe-advertised for 12/1 and continued to 12/9 6 NOVEMBER 9, 1993 L~NCH RECESS 12:00 NOON - 1:00 P.M. PUBLIC HEARINGS TO BE HEARD AT 1~00 P.M. lZ. ADVErTiSED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS (1) Petition PUD-88-14(1), Robert Duane of Hole, Montes -and Ord. 93~83 A~.opted mASSociates, representing McAlpine (Briarwood) Inc.,/Republic w/chan~c~s,. 5/0 Development Corporation of Ohio, Inc., requesting a fezone from "PUD" to "PUD" (Briarwood PUD) for purposes of deleting a parcel of land intended as a road and to make other odifications to the previous PUD document for property located on the north side of Radio Road in Sec. 31, T49S, R26E. }2) Petition PUD-93-6, Ronald L. Hurt of American Engineering Ord. 93v84 Adopted Consultants, Inc., representing the Michael Crane Trust, · ~ - /requesting a fezone from "A" and "PUD" to "PUD" for a project w/changes. 5/0 x~ / to be known as "Maplewood" consisting of not more than 258 dwelling units located on the north side of Radio Road, Sec. ~ 31, T49S, R26E, containing approximately 64.48 acres of land. ~(3~lPetition R-93-6, William J. Edixon of Edixon Engineering, Inc., //representing Salvador Ayala requesting a fezone from "VR" f Village Residential District to "P" Public Use District for property located at 401 Colorado Avenue, Immokalee, Florida. Ord. 93,-85 Adopted 4/1 (Crm~sr. VolDe Opposed. ) OTHER (1) An Ordinance amending Collier County Ordinance No. 88-71 and ~hereby providing for appointment and composition; terms of /office; removal from office and failure to attend meetings; / providing for officers, quorum, and rules and procedures; // ~eimbursement of expenses; setting forth the functions, powers / and duties of the Library Advisory Board; duties of the Library / Director or designee; review process; indemnification of board / members; providing for conflict and severability; providing an V effective date. Ord. 93v86 A~ted w/changes. 4/0 (Cc~nsr. Constantine ou' 7 NOVEMBER 9, 1993 NTINUED TO ~£/23 MEETING Petition AV 93-007 to vacate a 30 foot road right-of-way and Continued to 11/23/93 drainage easement located on a parcel of land lying in Section 24, Township 48 South, Range 25 East, as recorded in Official Record Book 350, Page 352 (Companion Item to the acceptance of the final plat of Carlton Yard). (3~/~tition AV 93-020 to vacate two feet of a twenty foot drainage l~s. 93-525 Adopted easement located on a portion of Lot 26, Block 3, of the plat 4/0 (C~sr. Constant/~ of Wilshire Lakes Phase One, as recorded in Plat Book 19, Pages Out) 1-3, of the Public Records of Collier County, Florida. Public Hearing to consider adoption of an ordinance repealing Collier County Ordinance No. 86-30, as amended by Ordinance 88-22, abolishing the Immokalee Airport Advisory Board. Ord. 93-87 Adopted. 4/0 (~r. ODnstantir out) BOARD OF ZONING APPEALS ~ ~DVERTISED PUBLIC HEARINGS ~/~) Petition CU-93-9, Niki Graham representing Goodland Civic /~/ Association, requesting Conditional Use "9" (Common I // \ Recreational Facilities) of the RSF-4 zoning district located t at 417 Mango Avenue further described as Lot 26, Block 4, Goodland Heights First Addition in Sec. 18, T52S, R27E. Res. 93-526 Adopted 4/0 (Comber. Constantiu (2~Petition V-93-21, Niki Graham representing Goodland Civic /Association requesting a variance from the required nineteen / ~ (1~9) parking spaces to three (3) parking spaces for the //~.~operty located at 417 Mango Avenue, further described as Lot //26, Block 4, Goodland Heights Amended, in Sec. 18, T52S, R27E, <~ ~consisting of 0.17 acres. .~.~s. 93,527 Adopted. 4/0 ('Co~sr. Constantin out)  (3~ Petition V-93-28, Carlos Bermudez requesting a variance to the /~/ r~q~/ired front and rear yard of seventeen (17) feet and ten ~ / ~10) feet respectively for Lot 1 in the Carlos One Subdivision 1ocated in Immokalee. Res.. 93-528 Adopted. 4/0 (C~m~sr. Constantin, out) 8 NOVEMBER 9, 1993 B. OTHER (1)~elating to Petition No. CU-91-16 for a second extension of a .~ Conditional Use of property described as Conklin Point for the purposes of a yacht and/or private club and marina for property located in Sec. 17, T48S, R26E. OF COUNTY COMMISSIONERS' cOMMUNICATIONS Item to be placed on 11/16 agenda to declare seat vacant · on C~Dlden Cate C~ty Center Advisory_ Con. tree _.Res. 93-529 Adopted. 4/0 (CYmm~r. Constant out) lS. STAFF'8 COMMUNICATIONS A.~Disc/,ion to schedule the insurance plan design changes. ~ ~resentation to be scheduled for 12/7/93 A. WORKSHOP - Beach Renourishment/MainSenance Committee 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 5/0: NOVEMBER 9, 1993 A. COMMU~TY DEVELOPMENT (1)/Recommendation to approve for / "Southpointe Yacht Club, Phase acceptance of the roadway, improvements. recording the final plat of Res. 93-503 Two" and grant preliminary w/stiDulations drainage, water and sewer  (2) Sewer facilities acceptance for Southpointe Yacht Club, II. Phase w/stipulation (3) Sewer facilities acceptance for Grey Oaks, Unit Four. 4) Water facilities acceptance for The Classics Country Club/Grill, Phase I. mmendation to grant preliminary acceptance of the roadway, ~X~/ drainage, water and sewer improvements for the final plat of ~ ~ "Grey Oaks Unit Four". w/stipulation w/stiDulations Res. 93-504 w/stiDulations B. TRANSPORTATION C. PUBLIC SERVICES .~.1) Award of Bid Utility Body" Florida. #93-2115. for "3/4 Ton Cab and Chassis with In the amount of to Bill Branch Chevrolet, Inc., of Ft. Myers, $18,735.16 roval of extension of agreement with Pistorino & Alam, Inc. for South County Regional Wastewater Treatment Plant Engineering Review. (3)~ommendation to approve and execute the Satisfactions of Notice of Promise to Pay and Agreement to Extend Payment of Sewer Impact Fees for Stone Building Corporation, a Florida Corporation and Gudelia Betancourt and Edward P. Delaney and Jeremiah J. Dacey. ~/' (4) ~commendation t~ approve and execute the Notice of Promise to ~/ //PgY and Agreement to Extend Payment of Sewer Impact Fees for ,_.~/ William E. Forsyth and Audrey Forsyth. 10 NOVEMBER 9, 1993 (5) ~pproval of an agreement between Village Productions of /Ge~v°~lroa~md~ntaanld m%hrealB%anrdth°ef wCa%%~;YstCo~a~ieS~ia~?ra%' t~°e PGaoio~aan~ Water Station. .i ADMINISTRATIVE SERVICES (1) Recommendation to award bid #93-2107 for painting services for Government facilities county-wide. To Service Painting of Florida, Inc. F. EMERGENCY SERVICES G. ENVIRONMENTAL SERVICES i(1) Recommendation that Board of County Commissioners adopt a solution approving and certifying the Special Assessment 11 for Mandatory Solid Waste Collection and Disposal Fees r the 1994 service year. H. COUNTY~AG~R ~ / (1)/~ecommendation that the Board of County Commissioners approve ~/ / and adopt a resolution accepting an easement from CSX ._ ~ Transportation, Inc. Res. %93-505 Res. ~93-506 (2) Recommendation that the Board of County Commissioners approve  the compensation amount for FY 94 as contained in the agreement with Gary L. Moyer to provide for current contract manager services for the Pelican Bay Services Division. In the amount of $53,000 BO~RD QF COUNTY COMMISSIONERS Appointment of member to the Alcohol, Drug Abuse and Mental Health Planning Council. M~SCELLANEOUS CORRESPONDENCE Satisfaction of Lie~: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 93-979-CFA ($50.00), 93-282-M/4A ($100.00), 92-9796-Ml~A ($37.50), 92-880-MI ($12.50), 92-482-CFA ($37.50), ($?5.00). APPROVAL. K. OTHER CONSTITUTIONAL OFFICERS --~ L. COUNTy ATTORNEY Re.s. 93-507 recc~mendin~ anDointm ent of Dorothy . .ne~ichele 11 NOVEMBER 9, 1993