Recap 01/23/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, January 23, 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 U1VDER
"PUBLIC PETITIONS"
A/qY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AlqD 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 12z00 NOON TO 1~00 P.M.
1. INVOCATION Commissioner Constantine
out as reflected by 4/0
vote
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
4/0
A. Approval of consent agenda. Approved and/or adopted
4/0
4. APPROVAL OF MINUTES
January 2, 1996 Approved 4/0
5. PROCLAMATIONS AND SERVICE AWARDS
1
A. Proclamations
1. Proclamation for Boy Scouts of America Week Adopted 4/0
B. Service Awards
James M. Hatchet Pollution Control 10 years Presented
Walter Do Temple, Jr Pollution 5 years
Shelly M.Williams Wastewater 5 years
C. Presentations
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
(1) Presentation of the Collier County Development Accepted 4/0
Services Advisory Committee's 1995 Annual Report to the
Board of County Commissioners.
(2) Appeal of Lien Resolution 95-673; owner of record - Denied 4/0
Noreen Connor.
Added
(3) Facilities acceptance for the Breakwater at Pelican Approved and Cash Bond
Bay. Accepted 4/0
Added
(4) Recommendation to approve for recording the final Approved and Construction
plat of Wild Cat Cove. & Maintenance Agreement
Accepted 4/0
Added
(5) Request for a waiver of permit fee for the Cinco De Carnival Permit 96-1 -
Mayo event to be held January 27, 1996. and the Approved 4/0 and Fees
right-of-way fee for the Intellinet Challenge. waived for Cinco De Mayo
2
event and Intellinet 4/0
B. PUBLIC WORKS
Moved from Item #16B3
(1) Adopted a Resolution authorizing the acquisition by Continued to 2/6/96
gift, purchase or condemnation certain non-exclusive
perpetual utility easements for the purpose of restoring
and replacing water wells and related facilities in the
Golden Gae Wellfield
Added
(2) Status report on the Collier County Beach Restoration Presented; Staff directed
project. to investigate items and
report back 4/0
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners Staff directed to
approve the Collier County Parks and Recreation readvertise and issue an
Department to operate and manage the tennis facility at RFP 4/0
Pelican Bay Community Park.
D. SUPPORT SERVICES
E. COUNTY MANAGER
Added
(1) Adopt a resolution declaring that the maximum Res. 96-22 Adopted 4/0
permitted rates for basic service and installation and
equipment charges by Continental Cablevision formerly
Colony Cablevision, are reasonable.
9. COUNTY ATTORNEY'S REPORT
A. Report to the Board of County Commissioners concerning Direct DOR to collect
use of County's Department of Revenue to collect the assessments 4/0
Royal Cove Sewer Special Assessments.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Community Center Res. 96-23 Adopted 4/0
Advisory Committee. appointing N. McLean
B. Recommendation to declare a vacancy on the Privatization Res. 96-24 Adopted 4/0
Plus Task Force.
Added
C. Request update from Staff on the Status of the Lely Item to be prepared for
Barefoot Beach Guardhouse. 2/6/96 agenda
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
(1) Petition PUD-g5-13, Barbara H. Cawley of Wilson, Motion to approve failed
Miller, Barton & Peek, Inc., representing Immokalee 3/1 (Commsr. Matthews
Housing Partnership, Inc., requesting a rezone from opposed).
"A-M~O" to "PUD" to be known as Garden Walk Village PUD Motion to approve subject
for property located on the southwest side of S.R. 29 and to stipulation of sidewalk
opposite Farm Worker Village in Sec. 11, T47S, R29E. - tabled. Continued for 3
weeks at the request of
the developer 4/0.
C. OTHER
(1) Consideration of a resolution revising the policy and Res. 96-25 - Adopted 4/0
procedures for vacation and annulment of plats or
portions of subdivided land, road rights-of-way,
public-dedicated easements conveyed to the County or
public by Grant of Easement or similar instrument
recorded in the public records other than on a
subdivision plat (Continued from 1/16/96 meeting).
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-95-15, James H. Siesky of Siesky & Pilon Res. 96-26 - Adopted 4/0
representing Highland Properties of Lee and Collier Ltd.
for a Conditional Use per Section 2.6.9 (Essential
Service) of the Land Development Code which provides for
establishing a sewage effluent pond(s) in any zoning
district for property located approximately one mile west
of C.R. 951 on the north side of Tamiami Trail East in
the West half of Sec. 33, TSOS, R26E.
(2} Petition CU-95-16, William L. Hoover of Hoover Res. 96-27 Adopted
Planning, representing James M. Smith, requesting w/conditions as amended
Conditional Uses "1" and "3" of the "E" Estates Zoning 4/0
District to allow for a church and a child care center
for property located on the south side of Golden Gate
Boulevard in Sec. 11, T49S, R26E.
(3) Petition CU-95-18, Jack Gilliland, Architect, of Res. 96-28 Adopted subject
Gilliland Associates representing Naples First Alliance to staff stipulations 4/0
Church, requesting Conditional Uses "2" Church and
Day Care Center of the RSF-4 Zoning District for property
located on the southeast corner of Estey Avenue and Pine
4
Street in Sec. 2, T50S, R26E, containing 2.82 acres, more
or less.
(4) Petition CU-95-22, Brian Jones representing Verne W. Res. 96-29 Adopted subject
Moss, requesting Conditional Use 2.2.16.3.4 of the to stipulations 4/0
Industrial Zoning District for distribution and sales of
liquefied petroleum (LP) gas on-site for property located
south of J & C Boulevard within the J & C Industrial Park
west of Airport-Pulling (C.R. 31) and north of Pine Ridge
Road (C.R. 896) further described as Lot 154, Sec. 11,
T49S, R25E, consisting of .57 acres.
(5) Petition V-95-24, William D. Kramer representing Res. 96-30 Adopted 4/0
William J. Reilly, requesting a 1 foot after-the-fact
variance from the required 7.5 foot side yard to 6.5 feet
for property located on the east side of San Juan Avenue
on Lot 696 in Sec. 32, T51S, R26E.
(6) Petition 0SP-95-2, George n. Varnadoe and R. Bruce Res. 96-31 Adopted subject
Anderson representing Ashland Cold Storage Company to stipulations as
requesting approval for off-site parking spaces on Lots amended. 4/0
7-10 to operate in conjunction with the previously
approved and existing off-site parking spaces on Lots 3-6
located on Block 4, Old Marco Village, zoned RMF-6 to
serve the existing business (0'Shea's Restaurant and
Cruise Boats) zoned C-5 located at 1081 Bald Eagle Drive,
further described as the north half of Lot 7 and all of
Lots 3-6, Block 19, Collier City amended plat in Sec. 5,
T52S, R26E. (Companion to Agenda Item 13A.(7)
(7) Petition 0SP-95-3, George L. Varnadoe and R. Bruce Res. 96-32 Adopted subject
Anderson representing Cypress Landing Corporation to stipulations as
requesting approval of 42 off-site parking spaces on Lots amended.4/0
1 and 2, Block 4, Old Marco Village, zoned RMF-6, to
serve the existing business (Factory Bay Marina) zoned
C-5 located at 1079 Bald Eagle Drive, further described
as the south half of Lot 7 and all of Lots 8-14, Block
19, Collier City amended plat in Sec. 5, T52S, R26E.
(Companion to Agenda Item 13A.(6)
(8) Petition CU-95-23, Robert L. Duane, AICP, of Hole, Res. 96-33 Adopted 4/0
Montes & Associates, Inc., representing Tutor Time Child
Care Center, requesting Conditional Use "4" of the "C-5"
Zoning District for a child care center for property
located east of and abutting Airport Road approximately
500 feet south of Estey Avenue in Sec. 3, T50S, R25E,
consisting of 0.94 acres.
(9) Petition CU-95-24, Mark J. Woodward and Anthony P. Continued to 2/13/96
Pires of Woodward, Pires, Anderson & Lombardo, P.A.,
representing GBFC Beach, Ltd., a Florida Limited
Partnership, and Parcel M-I, Inc., a Florida Corporation
d/b/a FC Beach Joint Venture, requesting Conditional Use
"5" of the "RT" Zoning District for a'private club for
5
property located at 488 South Collier Boulevard in Secs.
17 and 18, T52S, R26E. (Companion to Agenda Item
13A.(10) (Continued to the meeting of 2/13/96)
(10) Petition V-95-29, Mark J. Woodward and Anthony P. Continued to 2/13/96
Pires of Woodward, Pires, Anderson & Lombardo, P.A.,
representing GBFC Beach, Ltd., a Florida Limited
Partnership, and Parcel M~I, Inc., a Florida Corporation
d/b/a FC Beach Joint Venture, requesting a side yard
setback variance from the required setback of 50% of the
building height with a minimum of 15 feet and a 3 foot
variance from the side yard setback requirement of 15
feet to 12 feet for the swimming pool, located at 488
South Collier Boulevard, Marco Island, in Secs. 17 and
18, T52S, R26E. (Companion to Agenda Item 13A.(9)
(Continued to the meeting of 2/13/96)
(11) Petition NUC-95-1, Garland Edmonson requesting a Continued Indefinitely
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
from the meeting of 1/9/96) (Continued Indefinitely)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMICATIONS
15. STAFF'S COMMITNICATIONS
A. Agenda items for 1/30/96 Workshop
B. Forthcoming information re Lee Tram
C. Bonita Flooding correspondence to be provided
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 4/0
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) Recommendation to approve Excavation Permit No. w/stips
59.359 "Naples Heritage Golf Course" located in Secs. 49
6
and 10, T50S, R26E, bounded on the north by Davis
Boulevard and property zoned A and RSF-4, on the east by
Naples National Golf Course, CoR. 951, and undeveloped
land zoned A, on the south by Naples National Golf Course
and Wing South Airpark and on the west by a drive-in
theater and undeveloped land zoned A with estates type
housing.
(2) Water facilities acceptance for Reserve at The w/stips and cash bond
Vineyards.
(3) Recommendation to approve for recording the final
plat of "Anderson Place"
(4) Request approval to hire outside legal counsel to
represent the Code Enforcement Board and the Contractor
Licensing Board.
B. PUBLIC WORKS
(1) Approve clarification of the payment basis for the
professional services agreement to the North County
Regional Wastewater Treatment Plant Expansion project
(2) Approval of a change order to the professional
services agreement with Coastal Engineering Consultants,
Inc., for the Marco Island Beach Renourishment project
(3) Adopt a resolution authorizing the acquisition by Moved to Item #8B1
gift, purchase or condemnation certain non-exclusive
perpetual utility easements for the purpose of restoring
and replacing water wells and related facilities in the
Golden Gate Wellfield
(4) Recommendation to approve final quantities and
reimbursement of $6,791.83 to Wal-Mart Stores, Inc.
(5) Approve budget amendment recognizing estimated carry
forward for projects in Fund 412 and 414
(6) Petition AV 95-012 to vacate portions of drainage Approved upon receipt of
easements located on a parcel of land lying in Section letter from County
33, Township 48 South, Range 25 East, as recorded in Attorney
Official Record Book 1236, Page 1726, of the Public
Records of Collier County, Florida (continued from
meeting of 1/16/96)
C. PUBLIC SERVICES
D. SUPPORT SERVICES
(1) Recommendation to authorize the Fleet Management
Director to execute the attached Freightliner Warranty
Agreement with Hunt Truck Sales.
7
(2) Recommendation that the Board of County Commissioners
directs the County Attorney's Office to assist the
Revenue Services Department in amending Ordinances 90-86
and 90-87 regarding extending payment of Water and Sewer
System Impact Fees.
(3) Recommendation that the Board of County Commissioners
approve an amendment to Lease Agreement with Community
Health Care, Inc., for the continued use of the premises
used by the Medical Examiner.
E. COUNTY MANAGER
(1) This item has been deleted. Deleted
(2) Approval of Budget Amendments. 96-186 and 96-213
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLAlqEOUS 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. 92-1192-CFA
($270.00), 94-7163-MMA ($25.00), 95-4615-MMA
($25.00), 91-1214-TM ($100.00), 93-S61-MMA ($25.00),
88-832-CJA ($50.00), 88-832-CJA ($25.00), 95-3688-MMA
($25.00), 88-1402-CFA ($4,511.27), 94-230-CFA
($438.83), 8e-1450~TMC/SS-1451-TMC ($348.75),
89-7352-TM ($30.00), 90-2351-MMA/90-3203-TM
($1,087.50), 90-2834-TM/90-2835~TM ($1,047.50),
90-5198-TM ($600.00), 90-5552-TM ($10.00). RECOMMEND
APPROVAL.
(3) Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
(1) Recommendation that the Board approve a Satisfaction
of the Agreement for Extended Payment of Cottage Grove
Avenue Paving Assessment.
17. ADJOURN