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Recap 01/09/1996 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, January 9, 1996 9z00 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. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE LUNCH RECESS SCHEDULED FOR 12~00 NOON TO lz00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted with changes 5/0 A. Approval of consent agenda. Approved and/or adopted with changes 5/0 4. APPROVAL OF MINUTES Approved as presented 5/0 November 21, 1995 - Regular meeting. December 12, 1995 - Regular meeting. 5. PROCLAMATIONS AND SERVICE AWARDS A. Proclamations (1) "Purple Martin Week". To be presented by William Adopted 5/0 Dietrich (2) Proclamation declaring Herchell Troutman Day Adopted 5/0 B. Service Awards C. Presentations 1. Recommendation to recognize ninda Denning, Recognized Agriculture Department, Public Services Division, as Employee of the Month for January 1996. 6. APPROVAL OF CLERK'S REPORT A.ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 94-95) 2. Community Development Fund (113) (FY 94-95) 3. Facilities Construction Fund (301) (FY 94-95) B. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES 1. General Fund (001) (FY 95-96} 2. Community Development Fund (113) (FY 95-96) 3. Facilities Construction Fund (301) (FY 95-96) 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Added (1) Waer and Sewer Facilities acceptance for Oak Colony Approved - with at the Vineyards. (Staff's Request) stipulations 5/0 B. PUBLIC WORKS (1) Adopt a resolution authorizing the acquisition by Res. 96-13 - Adopted 5/0 gift, purchase or condemnation certain non-exclusive perpetual utility easements and temporary construction easements for the purpose of constructing the water pipeline, water wells and related facilities required to complete the North Collier Regional Water Treatment Plant Expansion project (2) Recommendation to confirm funding for the Bonita Approved 5/0 Beach Road Project and approve processing of appropriate 2 agreements for fund transfers. C.PUBLIC SERVICES D.SUPPORT SERVICES E. COUNTY MANAGER Added {1) Approve contract with Naples Area Tourism and Approved 5/0 Convention Bureau for $900,000 Previously collected Tourist Development Revenue, Category B. 9. COUNTY ATTORNEY'S REPORT A. (1) Discussion of Clerk's request relating to the Res. 96-14 Adopted 5/0 adoption of a Resolution by the Board designating the Office to be responsible for providing legal advertising services. (2) A Resolution approving, confirming and ratifying Continued to 1/16/96 5/0 certain actions taken by the County Administrator as authorized to be taken pursuant to Resolution No. 95-706 in connection with the issuance and sale by the County of not exceeding $5,250,000 aggregate principal amount of Collier County, Florida Public Park and Recreation Municipal Service Taxing Unit General Obligation refunding bonds, Series 1996. (This item to be heard at the conclusion of the Advertised Public Hearings.) 10. BOARD OF COUNTY COMMISSIONERS 11. OTHER CONSTITUTIONAL OFFICERS PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS Continued to 2/13/96 (1) Petition PUD-95-3, Michael J. Landy, P.E., of Butler Continued to 2/13/96 Engineering, Inc., representing Avatar Properties, Inc., requesting a rezoning of certain defined property as herein described from RMF-12 to PUD (Founders Plaza PUD) for property located on the north and south sides of 3 Golden Gate Parkway (C.R. 886) between 53rd Street S.W. and 52nd Terrace S.W., in Golden Gate City, Lots 4-6, Block 206, Unit 6; Lots 1-4, Block 207, Unit 6; Lots 28-31, Block 217, Unit 6; Lots 1-7, Block 243, Unit 7; Lots 1-4, Block 262, Unit 7; and Lots 13-16, Block 261, Unit 7, in Sec. 28, T49S, R26E, consisting of 13.33± acres. (Continued from the meeting of 11/28/95) (2) Petition PUD-82-11(3), C. Dean Smith of Q. Grady Ord. 96-1 Adopted Minor & Associates, representing Audubon Joint Venture w/changes. 5/0 for the purpose of amending the Audubon Country Club PUD to allow zero lot line screen enclosures in conjunction with privacy walls along side lot lines, provided a minimum separation to an adjacent principal or accessory structure of five (5) feet or more is maintained in the R-2 villas section of the Audubon Country Club PUD, located on the west side of U.S. 41 and extending westward across Vanderbilt Road to Little Hickory Bay in Secs. 5, 7, 8 and 9, T48S, R25E. C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS (1) Petition CU-95-3, Robert S. Hall of Pine Ridge Auto Res. 96-15 Adopted Parts and Sales, Inc., requesting Conditional Use w/changes 5/0 2.2.16.3.20 of the Industrial Zoning District for an auto salvage yard for property located approximately 3.5 miles east of the intersection of C.R. 951 and U.S. 41 on the north side of U.S. 41, north of Krehling Industries (within the Krehling Industrial Park) in Sec. 18, T51S, R27E, consisting of 4.94 acres. (2) Petition CU-95-20, Robert L. Duane of Hole, Montes & Res. 96-16 Adopted Associates, Inc., representing Boyne USA South, Inc., w/changes 5/0 requesting Conditional Use "17" of the "A" Zoning District for a driving range for property located south of and abutting U.S. 41 west of the intersection of Royal Hammock Road in Sec. 20, T51S, R27E, consisting of 17.9 acres. (3) Petition V-95-19, Michael J. Landy on behalf of John Res. 96-17 Adopted 5/0; and Elizabeth English, requesting a 3.5 foot variance Staff to develop parameter from the required 7.5 foot landscape buffer on the north guidelines property line and a 2.5 foot variance from the required landscape buffer of 7.5 feet on the south property line for property described as the northern 50 feet of Lot 14, Block "B", Conner's Vanderbilt Beach Estates, Unit 1. (4) Petition CU-95-19, Mr. Terrance L. Kepple of Bruce Res. 96-18 Adopted 5/0 Green & Associates representing St. Mark's Episcopal Church, requesting Conditional Use "2" of the "RSF-4" 4 Zoning District to allow for an additional to an existing church for property located on the southeast corner of N. Collier Boulevard and Elkcam Circle in Sec. 8, T52S, R26E. (5} Petition V-95-26, Burr L. Saunders, P.A., of Denied 5/0 Woodward, Pires, Anderson & Lombardo, P.A., representing Del H. and Nancy Ackerman, requesting a variance from the opaque fencing requirements of Section 2.2.15.~.6 of the Collier County Land Development Code for property located near the southeast intersection of Thomasson Drive and Bayshore Drive, further described as 4825 Bayshore Drive, Lots 1 and 2, Sec. 23, T50S, R25E, consisting of .77 acres. (6) Petition V-95-27, J. Dudley Goodlette, Esq., Res. 96-19 Adopted representing Gus G. Scacqua requesting a 15 foot variance w/changes 5/0 from the required 15 feet side yard to -0- feet for a property located at 3078 Tamiami Trail North. {7) Petition NUC-95-1, Garland Edmonson, requesting a Continued to 1/23/96 non-conforming use change to allow a non-profit organization (Skateboard Club of Naples) to lease the property and structure located at 6800 Golden Gate Parkway further described as Unit 29, Tract 36, Golden Gate Estates, as recorded in Plat Book 7, Page 57, of the Public Records of Collier County, Florida. (Continued to the meeting of 1/23/96) B. OTHER 14. BOARD OF COUNTY COMMISSIONERS' COM3ru'NICATIONS A. Discussion regarding Legislative agenda items. Items to be presented by (Commissioner Norris) 1/16/96 15. STAFF'S COMMUNICATIONS 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 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) Effluent line acceptance for Hibiscus Golf Course. Performance Bond accepted 5 B. PUBLIC WORKS (1) Approval of an agreement with Home Depot USA, Inc. (2) This item has been deleted. Deleted (3) Recommendation to approve the purchase of one (1) Linder Industrial vibratory asphalt compactor in accordance with Bid Machinery #95-2461 (4) Approve Change Order No. One to the raw water booster New 10% change order pumping station electrical system improvements project (5) Approve budget amendment related to Rattlesnake Hammock Road utilities relocation C. PUBLIC SERVICES (1) Recommendation that the Board of County Commissioners authorize the Chairman to sign a recommendation for reappointment for Dr. Marta U. Coburn as the District 20 Medical Examiner. D. SUPPORT SERVICES (1) Recommendation to reimburse the Facilities Management Department for an emergency UPS expenditure for the Tax Collector's UPS System. (2) Recommendation that the Board of County Commissioners Res. 96-7 approve and accept the attached Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Deeds and Agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery, for the current Chairman's tenure only. (3) Recommendation that the Board of County Commissioners Res. 96-8 approve the attached Resolution authorizing the execution of Purchase Agreements and Statutory Deeds for the G.A.C. Land Sales Trust conveyed to Collier County by Avatar Properties Inc. (Agreement dated November 15, 1983), by the Chairman of the Board, for the current Chairman's tenure only. (4) Recommendation that the Board of County Commissioners Res. 96-9 approve the attached three (3) Resolutions authorizing Res. 96-10 the Board of County Commissioner's Chairman to execute Res. 96-11 the appropriate documentation required to expedite the County's Land Rights Acquisition Program for the current Chairman's tenure only. (5) Recommendation that the Board of County Commissioners Res. 96-12 approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute Limited Use License Agreements, for the current Chairman's tenure only. E. COUNTY MANAGER (1) Budget Amendment Report BA 96-185 (2) Recommendation that the Board of County Commissioners amend the date for excess leave pertaining to the County Manager's agreement. F. BOARD OF COUNTY COMMISSIONERS G. MISCELLANEOUS CORRESPONDENCE (1) Certificate for Correction: NEED MOTION authorizing the Chairman to sign Certificate for Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. (2) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos. 90-1457-CF ($50.00), 95-1302-CFA ($50.00), S9-286-TM ($25.00), 88-3622-TMC ($25.00). RECOMMEND APPROVAL. (3)Miscellaneous Items to File For Record With Action As Directed H. OTHER CONSTITUTIONAL OFFICERS (1) To Present to the Board of County Commissioners the status of Special District's Compliance with Florida Statutes, Chapter 189 Requirements. I. COUNTY ATTORNEY (1) Recommendation that the Board forward Notice to Proceed to the Tax Collector for tax deed applications on the 1993 County tax certificates. 17. ADJOURN