Recap 02/25/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, February 25, 1997
9z00 a.m.
NOTICE2 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 12200 NOON TO 1200 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Adopted and/or approved
with changes - 5/0
4. APPROVAL OF MINUTES Approved as presented 5/0
February 3, 1997 - Workshop.
February 4, 1997 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) Proclamation designating the week of February 23 ~ Adopted 5/0
March 1, 1997 as Emergency Planning and Community
Right-to~Know Awareness Week. To be accepted by Ken
Pineau, Director of Emergency Management.
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FebruarV 25, 1997
B. Service Awards
C. Presentations
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. COUNTY MANAGER'S REPORT
A. COMI~UNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Petition C-97-2, Our Lady of Guadalupe Catholic Carnival Permit 97-2
Church requesting a permit to conduct a carnival from Approved 5/0
March 5 through March 9, 1997, on their church grounds
located at 219 South 9th Street in Immokalee.
(2) Staff review and recommendations relative to Res. 97-134 updating the
Ordinance 88-50, as amended, also known as the Gadaleta PUD according to standards
PUD, which, according to the required PUD Status Report and eliminating C-2
submitted by the property owner/agent, has not commenced zoning within six months -
construction, as defined in Section 2.7.3.4 of the Adopted 5/0
Collier County Land Development Code, resulting in
several possible courses of action for the Board of
County Commissioners to consider.
{3) Recommendation that the Board of County Commissioners Res. 97-135 - Adopted 5/0
approve a Resolution certifying that the Immokalee Main
Street Project is consistent with Collier County's local
plans and regulations including the Growth Management
Plan.
(4) Resolution that the Board of County Commissioners Res. 97-136 that there be
accept and implement the Economic Diversification no increase in
Program, Phase II, presented by the Council of Economic occupational license fees
Advisors and prepared by the Florida Planning Group, Inc. for present year and that
(Continued from the meeting of 2/18/97). the funding source be
identified during the
budget session - Adopted
5/0. Res. 97-137
authorizing existing
dollars to be used for FY
98's commitment to
Allen Systems Group - 5/0
B. PUBLIC WORKS
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February 25, 1997
Withdrawn
(1) Reports to the Board on the status of the County-wide Withdrawn
Signal System Contract and on-going programs and research
for traffic management improvements within Collier
County.
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners Approved - 5/0
terminate the donation agreement between Collier County
and the Naples Roller Hockey League, and authorize either
the construction of a modified roller hockey rink at
Veteran's Community Park or the originally approved
covered basketball facility.
D. SUPPORT SERVICES
(1) Recommendation to select the newspaper for the Option B selecting Naples
advertising of delinquent real estate and personal Daily News - Approved 5/0
property taxes.
E. COUNTY MANAGER
(1) Update the Disaster Recovery Advertising Program, Staff recommendation
including the procedures for activating communication Approved - 5/0
lines, annual design work required and procedures for
authorizing level of advertising and payment for
advertising. (Continued from 2/11/97 Item BE(l)).
(2) Approve funding to Nets Assets, Inc. D/B/A Nuveen Approved w/conditons 5/0
Masters for $390,000 for advertising and promotion of
tennis qualifying tournament, Tourist Development
Category C Funds.
9. COUNTY ATTORNEY'S REPORT
(A) A Resolution amending Resolution No. 96-590 authorizing Res. 97-138 Adopted
the issuance of not exceeding $16,500,000 in aggregate w/amendment 5/0
principal amount of Collier County, Florida, special
obligation revenue bonds, Series 1997.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Public Vehicle Advisory Res. 97-139 appointing
Board. Maurice DeVito Adopted
5/0
B. Interim County Manager Contract with Board of County Approved with $95,000
Commissioners. salary 5/0
C. Presentation of EPTAB's Report to the BCC on "Invasive Report accepted; direct
Exotic Plants in Collier County". (Continued from the Staff to explore
meeting of 2/18/97) Items 1, 2, 3, 4C, 9, 3F &
4B and report back - 4/1
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February 25, 1997
(Comm. Berry opposed)
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. Doug Mcgilvra re a resolution passed by TAG in support Discussed
of law enforcement impact fees
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-86-9(4), Bruce J. Siciliano, AICP, of Ord. 97-13 Adopted 5/0
Agnoli, Barber & Brundage, Inc., representing Ronto
Developments Naples, Inc., requesting an amendment to the
Heritage Greens PUD for the purpose of reducing the side
setback to 5 feet for one story garages in conjunction
with coach homes for property located on the south side
of Immokalee Road (C.R. 846), approximately one mile west
of C.R. 951 in Sec. 28, T48S, R26E, consisting of 251.46
acres.
C. OTHER
(1) Recommendation that the Board of County Commissioners Approved 5/0
consider for approval a stipulated settlement agreement
between Florida Department of Community Affairs and
Collier County, Florida, for the purpose of settling DO/U{
Case No.92-6350GM in which the appendices to the County's
then existing road, water, sewer, EMS, library system and
parks and recreational facilities impact fee ordinances'
consistency with certain policies of the housing element
of the Growth Management Plan was challenged.
(2) Petition AV 96-034, George L. Varnadoe as agent for Res. 97-140 Adopted 5/0;
Owner, Barron Collier Partnership, requesting vacation of Stipulated Final Judgement
the public interest in a portion of an eighty foot road Approved 5/0
right-of-way platted as Trail Boulevard, as shown on the
plat of Pine Ridge Second Extension, as recorded in Plat
Book 10, Page 86, of the public records of Collier
County, Florida.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
4
February 25, 1997
(1) Petition V-97-1, Craig R. Woodward of Woodward, Pires Res. 97~141 Adopted 5/0
& Lombardo, P.A., representing Evelyn Brewer and Vivian
Wolfe, requesting an after-the-fact variance of 3.15 feet
from the required front yard setback of 30 feet to 26.85
feet for an existing single family residence located at
467 Kendall Drive on Marco Island.
(2) Petition V-96-31, Daniel Tetlow, Jr., requesting a Tabled until the next LDC
7.25 foot dimensional variance from the side yard setback cycle completed 5/0
requirement of 7.5 feet to allow an existing single
family dwelling unit to remain at .25 feet from the
westerly side property line in an RSF-4 Zoning District
for property located in Naples Manor Subdivision, Unit 1,
Block 4, Lot 8, Sec. 29, T50S, R26E.
(3) Petition CU-96-25, Agnoli, Barber & Brundage, Inc., Res. 97-142 Adopted
representing Community Congregational United Church of w/stipulations 5/0
Christ, requesting Conditional Use "7" and "11" of the
"A" Zoning District for church expansion and accessory
uses and a child care center for property located at
15300 Tamiami Trail North in Sec. 9, T48S, R25E,
consisting of 5 acres, more or less.
(4) Petition V-96-28, John Grissom representing Landmark Tabled until LDC
Communities, c/o Mike Jeppesen requesting a 1.94 foot amendments are completed
dimensional variance from the rear yard setback 3/2 (Commsrs. Constantine
requirement of five (5) feet for an accessory structure and Hancock opposed);
in a PUD zoning district for property located in Queen's Staff to work /Dev.
Park Subdivision at Lago Verde, Phase Seven, Lot 189, Services Adv. committee re
Sec. 18, T50S, R26E. (Continued from the meeting of surveys.
1/28/97)
(5) Petition V-96-30, Joel E. Metts representing Francis Res. 97-143 - Adopted 5/0
A. Oakes of Oakes Produce Market requesting a variance of
15 feet from the required side yard setback of 15 feet to
-0- feet for a property located at 2205 Davis Boulevard.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. ECO System Restoration Task Force to meet at the Chairman to sign a letter
Conservancy on March 4 regarding Lake Trafford in support of this matter.
B. Discussion regarding Public Access Television No interest by Commission
C. House Bill 207 re Florida Retirement System Resolution to be brought
back opposing said bill
D. Discussion regarding Golden Gate Estates and park site Real Property Department
owned by Avatar. to look at this piece of
property.
E. Transportation network and traffic flow re light at Staff to explore altering
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February 25, 1997
Bear's Paw signal during off peak
hours and talk with City.
15. STAFF'S COMMUNICATIONS
A. Discussion regarding LDC amendments. May 21, and June 4, 1997
to be night meetings.
B. Letter from DCA re Hurricane Andrew and reimbursement Recognition given to
procedures which has now been closed out. Ed Finn for his efforts.
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 with changes 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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve Lien Resolutions for the
following:
(a) Code Enforcement Case No. 61002-026; owner of Res. 97-97
record - Eugenio Lopez and Susana Lopez.
(b) Code Enforcement Case No. 61010-028; owner of Res. 97-98
record - E. B. Bassichis, et ux.
(c) Code Enforcement Case No. 60905-057; owner of Res. 97-99
record - Leonard J. Bubri, Nickolas Karalis.
(d) Code Enforcement Case No. 60613-013; owner of Res. 97-100
record - Richard F. McCullough.
(e) Code Enforcement Case No. 60529-077; owner of Res. 97-101
record - Richard F. McCullough.
(f} Code Enforcement Case No. 60223-087; owner of Res. 97-102
record - Maurice C. Rix.
(g) Code Enforcement Case No. 60326-005; owner of Res. 97-103
record - The New York Times Co.
(h) Code Enforcement Case No. 60502-052; owner of Res. 97-104
record - Donald M. Thompson.
Withdrawn
(i) Code Enforcement Case No. 60515-007; owner of Withdrawn
record - R. K. Realty of FL, Inc.
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FebruarV 25, 1997
(j) Code Enforcement Case No. 60521-015; owner of Res. 97-105
record - Antonio L. Quintana.
(k) Code Enforcement Case No. 60617-036; owner of Res. 97-106
record Charles E. Duquet.
(1) Code Enforcement Case No. 60619-021; owner of Res. 97-107
record - Lloyd G. Sheehan, Tr.
(m) Code Enforcement Case No. 60621-029; owner of Res. 97-108
record Claude E. Schollaert.
(n) Code Enforcement Case No. 60626-055; owner of Res. 97-109
record - E. Scott Herring and Deborah L. Herring.
(o) Code Enforcement Case No. 60701-105; owner of Res. 97-110
record - Georges Verberr Est.
(p) Code Enforcement Case No 60718-017; owner of Res. 97-111
record - Roberto C. Onofre.
(q) Code Enforcement Case No 60718-019; owner of Res. 97-112
record - Michael R. Fredrickson, Virginia Fredrickson.
(r) Code Enforcement Case No 60722-065; owner of Res 97-113
record - Antonio Marulanda and Flor Marulanda.
(s) Code Enforcement Case No 60806-124; owner of Res 97-114
record - Guiseppe Donofrio.
(t) Code Enforcement Case No 60808-016; owner of Res 97-115
record - Maurice Tremblay.
(u) Code Enforcement Case No 60808-023; owner of Res 97-116
record - John C. Garrison, Jr., Virginia Garrison.
(v) Code Enforcement Case No. 60809-010; owner of Res 97~117
record - Nasser Nasser, Hayel Massoud.
(w) Code Enforcement Case No. 60819-020; owner of Res 97-118
record - Phillip Pierre, Matthew Hendrick.
(x) Code Enforcement Case No. 60822-062; owner of Res 97-119
record - Fred C. Kramer, Sr., Est.
(y) Code Enforcement Case No. 60827-048; owner of Res 97-120
record - Vincent Solimine and Marilyn A. Solimine.
(z) Code Enforcement Case No. 60829-024; owner of Res 97-121
record - Lockport Transport Serv. Inc.
(aa) Code Enforcement Case No. 60829-036; owner of Res 97-122
record ~ Benito F. Recio.
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FebruarV 25, 1997
(bb) Code Enforcement Case No. 60830-074; owner of Res 97-123
record - Herman Schumacher and Ilse Schumacher.
(cc) Code Enforcement Case No. 60905-042; owner of Res 97-124
record - Rose L. Casteel.
(dd) Code Enforcement Case No. 60905-052; owner of Res 97-125
record Katy E. Mullen Estate.
(ee) Code Enforcement Case No. 60911-028; owner of Res 97-126
record - Zbigniew Tomszay and Dorila M. Tomszay.
(ff) Code Enforcement Case No. 60913-048; owner of Res 97-127
record Thomas Sanzalone, et ux.
(gg) Code Enforcement Case No. 60913-049; owner of Res 97-128
record - Kelly Ann Mohn, James O. Mohn, II.
(hh) Code Enforcement Case No. 60919-043; owner of Res. 97-129
record - Daniel R. Meyer, Tr.
(ii) Code Enforcement Case No. 61001-100; owner of Res. 97-130
record - Barbara K. Hamory.
(jj) Code Enforcement Case No. 61017-060; owner of Res. 97-131
record - Maria Victoria Pimienta.
(kk) Code Enforcement Case No. 61104-023; owner of Res. 97-132
record - Thomas J. Gaetano.
(2) Water and sewer facilities acceptance for Village w/stips.
Walk, Phase 5-A.
(3) Appropriate carry forward funds received from private
donations for the Building Immokalee Together Project.
(4) Recommendation to approve the final plat of w/ stips. & Construction
"Southwest Professional Health Park". and Maintenance Agreement
(5) Recommendation to approve for recording the final w/ stips., Construction
plat of Johnnycake Cove. and Maintenance Agreement
& Cash Bond as security
B. PUBLIC WORKS
{1) Approve a Change Order No. 1 for professional legal In the amount of $1,500.00
service to review and consolidate Collier County Utility
ordinances.
(2) Approve the Lease Agreement with Big Cypress Staff public meeting to be
Elementary School for use of their cafeteria. held 2/26/97 re Golden
Gate Blvd. widening
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February 25, 1997
(3) To recognize and appropriate current year revenue for
the Airport Road Median Project #60121.
(4) Recommendation to waive the purchasing policy and In the corrected amount of
authorize Staff to approve a right-of-way permit and $127,180.00
purchase order in the amount of $196,480 for roadway
improvements to Orange Blossom Drive from Goodlette-Frank
Road to the entrance to the Crossings/Villages of
Monterey.
(5) Recommendation to approve the lease purchase of one Award to Linder Industrial
articulating four-wheel drive front end loader in Machinery in the amount of
accordance with Bid No. 97-2618. $80,885.96
(6) Recommendation to approve the lease purchase of one, Award to Kelly Tractor in
three ton track hoe in accordance with Bid #97-2617. the amount of $33,500.00
(7) Recommendation to approve the lease purchase of four Award to Wallace
crew cab flat bed dump trucks in accordance with Bid No. International, in the
97-2616. amount of $150,604.00
(8) Recommendation to approve the lease purchase of (4) Award to Wallace
five cubic yard dump trucks in accordance with Bid International, in the
97-2615. amount of $136,120.00
(9) Recommendation to approve and execute the Notice of
Claim of Lien for the enforcement of the Notice to pay
water and sewer impact fee statement for a property
located in the Wyndemere Subdivision.
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners In the amount of
award the contract to make improvements at Frank E. $57,767.00
Mackle Jr. Community Park Community Center to Chris Tel
Company General Contractors.
(2) Recommendation that the Board of County Commissioners Res. 97-133
approve the use of Library funds for discretionary
purchases in the areas of equipment, supplies,
entertainment, rentals, paper goods and food to be used
in support of children's and special Library programs.
Further, that the Board of County Commissioners adopt the
attached budget amendment for such purchases in this
fiscal year.
(3) Recommendation that the Board of Collier County
Commissioners approve the attached budget amendment that
provides funding from within existing Library impact fee
funds for the purchase of land for a new northern
regional library.
(4) Recommendation that the Board of Collier County
Commissioners exercise the renewal clause extending use
9
February 25, 1997
of twenty (20) parking spaces on the County Government
complex for use by the St. Matthews House facility
located in the old East Naples Fire Station.
(5) Recommendation to approve a Stipulated Final Judgment In the amount of $5,114.00
for the Defendant, Southern States Utilities, attorney
fees and costs in the Circuit Court case of Collier
County v. Point Marco Development Corporation, et al.,
Case No. 92-4315-CA-01-DRM.
(6) Recommendation that the Board of County Commissioners
authorize the Chairman to execute an agreement, following
proper formatting and any minor amendment by the County
Attorney's office, between the County and the Ford Motor
Company for the continued use of a van for the Veteran's
Transportation Program.
D. SUPPORT SERVICES
(1) Report to the Board regarding emergency repairs to In the amount of
the Immokalee Jail, Naples Jail, and Building "K" Ice $12,500.00
Machine Chiller.
(2) Recommendation that the Board of County Commissioners
approve and execute the Satisfactions of Notice of
Promise to pay and Agreement to extend payment of Water
and/or Sewer Impact Fees.
(3) Recommendation that the Board of County Commissioners
approve and execute the Notice of Promise to Pay and
Agreement to Extend Payment of Sewer System Impact Fees.
(4) Recommendation to approve a maximum expenditure of
$350 from the GAC Land Trust for purposes of purchasing
shovels for the Collier County Sheriff's Office.
(5) Request for the Board of County Commissioners to
authorize removal of certain accounts receivable accounts
from the books and records.
E. COUNTY MANAGER
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1}Miscellaneous Items to File for Record with Action as
Directed.
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTOPa~EY
(1) To approve and execute satisfaction of lien for weed
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FebruarV 25, 1997
abatement lien created in 1984 against unit 3, block 96,
lot 19, Golden Gate City.
17. ADJOURN
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FebruarV 25, 1997