Recap 02/11/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, February 11, 1997
9500 a.m.
NOTICE5 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 12500 NOON TO 1500 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or Adopted
w/changes 4/0
(Commissioner Hancock out)
4. APPROVAL OF MINUTES
Approved as presented 4/0
January 21, 1997 - Regular meeting. (Commissioner Hancock out)
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) Proclamation proclaiming February 9-15, 1997 as Adopted 4/0 (Commissioner
Vocational Education Week. To be accepted by Dr. David Hancock out)
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FebruarV 11, 1997
R. Baldaia, Director Department of Applied Technology
and Continuing Education.
(2) Proclamation proclaiming February 17, 1997 as the Adopted 4/0 (Commissioner
100th Anniversary of the PTA. To be accepted by Russ Hancock out)
Muller, President of Collier County Council of PTA's.
(3) Proclamation proclaiming Saturday, February 15, 1997, Adopted 4/0 (Commissioner
as Bayshore Family Stroll and East Naples Community Park Hancock out)
Celebration Day. To be accepted by Brenda Knauber,
President of Avalon PTA.
B. Service Awards
Ronny Cox - Library Outreach Services - 5 years Presented
C. Presentations
(1) Recommendation to recognize Adelaide Dully, Solid Recognized
Waste Department, Public Works Division, as Employee of
the Month for February, 1997.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001)
2. Community Development Fund (113)
3. Facilities Construction Fund (301)
7. PUBLIC PETITIONS
8. COUNTYMANAGER'S REPORT
A. COMMI~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Board support of the proposal by the Florida Game and Staff to work with Game
Fresh Water Fish Commission to rope off a portion of the and Fish Commission and
outer sandbar at Big Marco Pass Critical Wildlife Area come back with new
(Sand Dollar Island). proposal. 5/0
(2) Staff review and recommendations relative to Res. 97-72 Adopted w/
Ordinance 82-81, as amended, also known as the Imperial stips. 4/1 (Comm Norris
Lakes PUD which, according to the required PUD Status opposed)
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.
B. PUBLIC WORKS
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February 11, 1997
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
(1) Update the Disaster Recovery Advertising Program, Continued to 2/25/97 5/0
including the procedures for activating communication
lines, annual design work required and procedures for
authorizing level of advertising and payment for
advertising.
(2) Approve contract with Marco Island YMCA for $120,000 Approved w/changes 3/2
Tourist Development Category C Funds for the Marco Island (Commsrs. Norris and
Sports Festival. Hancock opposed)
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Confirmation of members to the the Disaster Recovery Task Res. 97-73 Adopted
Force. confirming the 9 names in
the Executive Summary 5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
1. Ty Agoston re $3.00 Assessment by the Clerk's Office. Discussed
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
C. OTHER
(1) Resolution of the Board of County Commissioners of Res. 97-74 which does not
Collier County determining that revisions to the Toll constitute a substantial
Gate Commercial Center Development Order does/does not deviation - Adopted 5/0
constitute a substantial deviation requiring further
development of regional impact review.
(2) Petition DOA-96-5, Dr. Neno J. Spagna of the Florida Development Order 97-2
Urban Institute, Inc., representing Ashley M. Papineau, Res. 97-75 Adopted 5/0
partner, Tollgate Commercial Center Partnership,
requesting an amendment to the Toll Gate Commercial
Center Development of Regional Impact (DRI), Development
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February 11, 1997
Order 84-1, amended for the purpose of extending the time
that the development order remains in effect for the Toll
Gate Commercial Center (DRI).
(3) Request the Board of County Commissioners approve the Ord. 97-10 Adopted 5/0
Ordinance amending Ordinance No. 96-16 regarding vessel
speed control and water safety; adding a definition for
Hurricane Pass; incorporating all idle speed zones
previously designated by resolutions; adding new idle
speed - no wake zones; providing for conflict and
severability; providing for inclusion in the Code of Laws
and Ordinances; repealing resolutions; providing an
effective date.
(4) An Ordinance providing funding for the Juvenile Ord. 97-11 - Adopted
Assessment Center and Suspension Program through County w/change 4/1 (Comm.
Delinquency Prevention fines pursuant to Section Constantine opposed)
775.0833, Florida Statutes, as amended by Chapter 96-382, Res. 97-76 supporting the
Laws of Florida; providing for a mandatory cost of three Juvenile Assessment Center
dollars ($3.00) to be assessed against every person - Adopted 5/0
convicted of a violation of a criminal statute, a
municipal or county ordinance, or a traffic offense in
the County; providing for the court to assess the
mandatory cost of $3.00 and the Clerk of the Circuit
court to collect the mandatory cost; providing for the
collection of costs and disbursement of funds by the
Clerk to the Sheriff; providing the responsibilities of
the Sheriff; providing for conflict and severability;
providing for inclusion in the Code of Laws and
Ordinances; and providing an effective date. (Continued
from 1/28/97)
(5) Recommendation that the Board of County Commissioners Ord. 97-12 Adopted w/
adopt an ordinance amending Ordinance No. 89-11, the changes 5/0
Beach and Water Safety and Vessel Control Ordinance.
(6) Petition AV 96-25, Burt L. Saunders as agent for Res. 97-77 Adopted 5/0
Owner, Mark Woodward, Trustee, requesting vacation of a
portion of road right-of-way, as shown on a State Road 45
Right-of-Way map recorded in Road Plat Book 2, Page 112,
of the Public Records of Collier County, Florida.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-96-29, Craig R. Woodward, Esquire, Res. 97-78 Adopted 5/0
representing James and Ruth Ann Walcott, requesting an
after-the-fact 1.95 foot variance to the required 7.5
foot side setback to 5.55 feet for property located at
1582 Biscayne Way, further described as Lot 8, Block 284,
Marco Beach Unit 8, Sec. 16, T525, R26E.
Withdrawn by Petitioner
(2) Petition CU-96-24, Jeff Swiatek representing Jeff Withdrawn by Petitioner
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FebruarV 11, 1997
Swiatek, John and Clay Winfield, requesting Conditional
Use "4" of the C-4 Zoning District for used car sales for
property located at 4870 Golden Gate Parkway, further
described as Lots 14, 15, and 16, Block 248, Golden Gate,
Unit 7, in Sec. 28, T49S, R26E, consisting of 4 acres,
more or less.
(3) Petition Cu~96-23, William L. Hoover representing Res. 97-79 Adopted 5/0
Ferril A. Boutilier requesting Conditional Use "2" of the
RMF~6 Zoning District for a church and church related
facilities for property located on the north side of
Guilford Road approximately 900 feet west of East Tamiami
Trail.
(4) Petition SV-96-5, Tracy L. LeBlanc representing Toys Denied 5/0
"R" Us, Inc., requesting a variance from the requirements
of two wall signs for shopping center outparcels to three
wall signs.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMITNICATIONS
A. Comm. Norris re City Council/County relations Discussed
B. Comm. Berry re Station 12 EMS Facility Discussed
C. Comm. Constantine re the possible incorporation of the To be discussed at a
Utility Ord. into the LDC future date
D. Comm. Constantine re revisitation of agenda items Discussed
E. Comm. Constantine re relocation of the Ford Motor Co. Discussed
F. Comm. Hancock re specialty license plates Discussed
15. STAFF'S COMMTJNICATIONS
A. Asst. County Attorney Student re appeal of Circuit Court BCC direction to proceed
decision re Naples Bath & Tennis Club w/appeal (Consensus)
B. County Attorney Weigel re contract reviews Discussed
C. County Attorney Weigel re request from former Comm. Discussed
Matthews for reimbursement of travel expenses
D. Acting County Manager re Staff preparation of agenda Discussed
items
16.
CONSENT AGENDA
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FebruarV 11, 1997
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) Water and sewer facilities acceptance for Camelot
Park at The Vineyards.
B. PUBLIC WORKS
(1) Approve a proposal for repair of an existing In the amt. of $4,550.00
reclaimed water main prior to connection of a new main
within the Right-Of-Way of Davis Boulevard.
(2) Authorization to purchase a replacement 580L Case From Falcon Power in the
Backhoe from State Bid~ amount of $50,862.00
(3) To obtain Board of County Commissioners approval off
a Budget Amendment to fund necessary modifications to the
Naples Landfill Leachate Pump Station.
C. PUBLIC SERVICES
(1) Approval of budget amendment recognizing an
additional $29,989 in State Aid to Libraries in FY 97.
(2) Recommendation that the Board of County Commissioners In the amount of
authorize the Parks and Recreation/Solid Waste $40,000.00
Departments to purchase recycled playground sports turf
from Contract Connections, Inc. for the Golden Gate
Community Center playground project utilizing the Florida
State-negotiated agreement pricing schedule contract.
(3) Recommendation that the Board of County Commissioners
of Collier County accept the $30,000 Florinet Enhanced
Connectivity Assistance Grant (Level II) from the State
of Florida, Department of State Division of Library and
Information Services, and that the funds be placed in
expenditure accounts according to the attached budget
amendment.
D. SUPPORT SERVICES
(1) To accept a drainage easement from Vincent W. Malerba
and Kathleen M. Malerba who own the property known as
Lots 11 and 12, Block 37, Marco Beach Unit Two, Marco
Island, Florida, to allow the relocation of an existing
storm drain.
(2) Recommendation to declare certain County property as
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February 11, 1997
surplus and authorize a sale of the surplus property.
(3) Recommendation to approve a budget amendment
recognizing carry forward in Information Technology Fund
505.
(4) Recommendation that the Board approve the assignment
of the lawsuit titled, Gregory vs. Collier County, Case
#97-0122~CA-01-TB to David E. Bryant, Esquire authorizing
staff to prepare an amendment to the current contract
between David E. Bryant, Esquire and the Collier County
Board of Commissioners.
E. COUNTY MANAGER
(1) This item has been deleted. Deleted
(2) Budget Amendment Report. BA's 97-142 and 97-147
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
17. ADJOURN
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FebruarV 11, 1997