Recap 02/13/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, February 13, 1996
9~00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING.
REQUESTS TO ADDRESS THE BOAPd3 ON SUBJECTS WHICH ARE NOT
ON THIS AGEErDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY EAGER 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 w/changes 5/0
A. Approval of consent agenda. Approved w/changes 5/0
4. APPROVAL OF MINUTES
January 23, 1996 Regular meeting. Approved 5/0
5. PROCLANATIONS AND SERVICE AWARDS
A. Proclamations
1. "Engineers Week". To be accepted John Steven Adopted 5/0
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Kempton, P.E., FES Ways and Means Chairman.
Added:
2. February 13, 1996 proclaimed as Edgerrin James Day Adopted 5/0
B. Service Awards Presented
Nery R. Anderson Customer Services 20 years
Virginia M. Miller DOR Special Assessment 5 years
C. Presentations
(1) Recommendation to recognize Simon Vainer, Social Recognized
Services, Public Services Division, as Employee of
the Month for February, 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 95o96)
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. CO~TJNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation that the Board of County Commissioners Res. 96-62 Adopted 5/0
approve an amendment to the Local Housing Assistance Plan
transferring $225,000 originally allocated for rental
impact fee waivers to the Collier County S.H.I.P. Down
Payment/Closing Cost Assistance Program.
B. PUBLIC WORKS
(1) Approve funding related to the Hubschman Settlement Funding Alternative "B" in
Agreement the Executive Summary
Approved 5/0
C. PUBLIC SERVICES
(1) Recommendation that the Collier County Board of Approved 5/0
County Commissioners approve an agreement with the
Collier County Humane Society, participating
veterinarians of the Collier County Veterinarian Society,
and Collier County, establishing set fees for neuter/spay
operations and reduce medical treatment for animals
impounded by Collier County Animal Control. (Continued
from 2/06 meeting.)
(2) Recommendation that the Collier County Board of Res. 96-63 Adopted 5/0
County Commissioners approve a resolution modifying the
neuter/spay and pre-adoption health care program of
impounded dogs and cats; provide continued funding of the
existing neuter/spay trust fund; the payment of a service
fee for each animal license sold and repealing Resolution
No. 91-214. (Continued from 2/06 meeting.)
D. SUPPORT SERVICES
(1) A report to the Board of Commissioners regarding the Presented
outcome of the Litigation in the matter lawsuit of
Billups vs. Collier County, Case No. 94-3606-CA-01-TB.
E. COUNTY MANAGER
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COXTATTY COMMISSIONERS
A. Appointment of members to the Citizen's Advisory Task Res. 96-64 Adopted,
Force. appointing Steven
Biegelow, Vanessa Fitz &
Janet Testerman 5/0
B. Appointment of members to the Disaster Recovery Task Force. Res. 96-65 Adopted,
ratifying the appointments
of Balogh, Douglas, Smith,
Dobberstein, Fisher,
Krier, Brunker, Rumberger
and Ladd. 5/0
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
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B. ZONING AMENDMENTS
(1) Petition PUD-95-12, Robert L. Duane of Hole, Montes Ord. 96-2 Adopted w/
and Associates, Inc., representing the First Baptist stipulations as amended
Church of Naples, Inc., requesting a rezone from "A" to 5/0
"PUD" to be known as First Baptist Church PUD for
property located on the east end of Orange Blossom Drive
and west side of the Livingston Road right-of-way in Sec.
1, T49S, R25E.
(2) Petition PUD-90-1(1), Karen Bishop of PMS, Inc., of Ord. 96-3 Adopted 4/0
Naples, representing George H. Werner requesting a rezone (Comm. Norris abstained
form "PUD" to "PUD" Planned Unit Development for a
project known as Richland PUD having the objective of
replacing the Richland PUD Development Order and Master
Plan so that various types of residential dwelling units
can be located anywhere in the residential tracts and to
re-define commercial uses and make such other
modifications to the PUD Document and Master Plan while
holding constant the originally approved amount of
development for the property located in the southwest
quadrant of Immokalee Road (C.R. 846) and C.R. 951 in
Sec. 27, T48S, R26E, consisting of 150 acres, more or
less.
(3) Petition PUD-95-3, Michael J. Landy, P.E., of Butler Continued to 2/27/96
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
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 1/9/96)
(Continued to the meeting of 2/27/96)
(4) Petition PUD-95-13, Barbara H. Cawley of Wilson, Ord. 96-4 Adopted w/
Miller, Barton & Peek, Inc., representing Immokalee stipulations 5/0
Housing Partnership, Inc., requesting a rezone from
"A-MHO" to "PUD" to be known as Garden Walk Village PUD
for property located on the southwest side of S.R. 29 and
opposite Farm Worker Village in Sec. 11, T47S, R29E.
(Continued from the meeting of 1/23/96)
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-96-1, Marvin Development Corporation Res. 96-66 Adopted 5/0
representing Franklin and Debra Norton requesting a 5
foot variance from the required 25 foot rear setback to
20 feet for property located at 290 Saybrook Court,
further described as Lot 9, Madison Meadows Subdivision
in Sec. 24, T48S, R25E.
(2) Petition CU-95-21, R. Bruce Anderson of Young, Van Res. 96-67 Adopted 5/0
Assenderp, Varnadoe, P.A., requesting Conditional Use
2.6.35.6.3 in the Estates Zoning District for a 180 foot
monopole communication tower for property located
approximately 1 mile east of Interstate 75, south of and
adjacent to Immokalee Road (C.R. 846), further described
as the west 165 feet of Tract 111, Golden Gate Estates,
Unit 97, Sec. 29, T48S, R26E, consisting of 1.31± acres.
(3) Petition V-95-29, Mark J. Woodward and Anthony P. Res. 96-68 Adopted
Pires, Jr. of Woodward, Pires, Anderson & Lombardo, P.A., w/stipulations as amended
representing GBFC Beach, LTD, a Florida Limited 4/1 (Commsr. Norris
Partnership, and Parcel M-I, Inc., a Florida Corporation opposed)
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 for property
located at 488 South Collier Boulevard, Marco Island, in
Secs. 17 and 18, T52S, R26E. (Continued from the meeting
of 1/23/96) (Companion to Agenda Item 13A.(4)
(4) Petition CU-95-24, Mark J. Woodward and Anthony P. Withdrawn by Petitioner
Pires of Woodward, Pires, Anderson and 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
property located at 488 South Collier Boulevard in Secs.
17 and 18, T52S, R26E. (Continued from the meeting of
1/23/96) (Companion to Agenda Item 13A.(3)
(5) Petition NUA-95-1, Arthur C. Quinnell, P.E., Res. 96-69 Adopted 5/0
representing Drop Anchor Mobile Homeowners Association,
Inc., requesting a non-conforming use alteration in order
to enable unit owners to replace existing non-conforming
mobile homes as needed. Drop Anchor Mobile Home Park is
located on Papaya Street in Goodland.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
A. Potential guaranteed entitlement bond refund. To be placed on BCC Agenda
of 2/20/96
16.
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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) Recommendation to approve for recording the final Res. 96-44; Letter of
plat of "Sungate Center PUD". Credit and Construction
and Maintenance Agreement
w/stips.
(2) Recommendation to grant final acceptance of the Res. 96-45
roadway, drainage, water, and sewer improvements for the
final plat of "Quail Walk Phase Two".
(3) Recommendation that the Board of County Commissioners In the amount of $25,000
authorize the Chairman to sign the application for the
Florida Department of Environmental Protection Artificial
Reef Grant for the Artificial Reef Program of Collier
County.
(4) Request that the Board of County Commissioners
approve the donation of a FAX machine to the Community
Development and Environmental Services Division.
(5) Approval of a contract with the Florida Department of In an amount not to exceed
Environmental Protection (FDEP) to participate in $3,000
statewide ground water quality monitoring effort.
(6) Recommendation to approve Excavation Permit No. w/stips.
59.560, "Bermuda Island Apartments", located in Sec. 6,
T49S, R26E, bounded on the north by Vanderbilt Beach Road
Extension and on the east, south, and west by land zoned
PUD (Vineyards). The west boundary is also the proposed
Livingston Road.
(7) Recommendation to grant final acceptance of the Res. 96-46
roadway, drainage, water, and sewer improvements for the
final plat of "Coventry Square".
(8) Recommendation to approve Lien Resolutions for the
following:
(a) Code Enforcement Case No. 50523-083; owner of Res. 96-47
record - Doris Umbricht.
(b) Code Enforcement Case No. 50612-008; owner of Res. 96-48
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record - Benita F. Recio.
(c) Code Enforcement Case No 50626-075; owner of Res. 96-49
record - Capitolis Auslandische.
(d) Code Enforcement Case No 50707-014; owner of Res. 96-50
record - Johanna M. Prindiville.
(e) Code Enforcement Case No 50717-094; owner of Res. 96-51
record - Rosa De Cores; Teresita Mendez.
(f) Code Enforcement Case No 50727-030; owner of Res. 96-52
record - Ajuad Abou Asali.
(g) Code Enforcement Case No 50804-006; owner of Res. 96-53
record - Johanna M. Prindiville.
(h) Code Enforcement Case No 50809-033; owner of Res. 96-54
record - Douglas M. Kelly.
(i) Code Enforcement Case No 50822-033; owner of Res. 96-55
record - Zbigniew Tomszay and Dorila M. Tomszay.
(j) Code Enforcement Case No 50823-045; owner of Res. 96-56
record - Noel M. Williams.
(k) Code Enforcement Case No 50901-037; owner of Res. 96-57
record - Daniel Castro, Gisela Castro.
(1) Code Enforcement Case No 50905-064; owner of Res. 96-58
record - Edward Pelc and Layerda Pelc.
(m) Code Enforcement Case No 50907-076; owner of Res. 96-59
record - Guiseppe Falivene.
(n) Code Enforcement Case No 50927-010; owner of Res. 96-60
record - Floreal De La Garza.
(9) This item has been deleted. Deleted
(10) Recommendation to approve for recording the final
plat of "Bernier Estate"
(11) Recommendation to grant final acceptance of the Res. 96-61
roadway, drainage, water, and sewer improvements for the
final plat of "Quail west unit One, Replat Block C".
(12) Recommendation to approve the final plat of "Pelican Construction & Maintenance
Marsh Unit Twelve". Agreement & Stips.
(13) Recommendation to approve for recording the final Construction & Maintenance
plat of "North Naples Medical Park". Agreement & Stips.
B. PUBLIC WORKS
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(1) Recommendation that the Board of County Commissioners
approve adjustments to Road Capital Budget
{2) Approve a Supplemental Agreement for additional In the maximum amount of
environmental permitting services for the $4,900.00
Rattlesnake-Hammock Road four-laning project
(3) Approve a change order for the Golden Gate Parkway In the amount of
six laning improvements, (Jct. Goodlette-Frank Road to $12,634.64
Jct. C.R. 31) CIE No. 05; Bid No. 94-2263 (This item
continued from 2/6/96)
(4) Approve a change order for the C.R. 951 improvement In the amount of $2,742.00
project Bid No. 95-2320 for additional utilities work
(This item continued from 2/6/96)
(5) Recommendation that the Board of County Commissioners
as Ex-Officio the Governing Board of the Collier County
Water-Sewer District execute a right-of-way and utility
easement to NTC Development, Ltd., developer of Carlton
Lakes PUD
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
authorize the Parks and Recreation Department to operate
additional summer camps for Fiscal Year 1996.
(2) Recommendation that the Board of County Commissioners w/Ocean State Lemonade Co.
enter into a concession agreement for the operation of a
food vending cart at the Golden Gate Aquatic Facility and
the Immokalee Recreation/Aquatic Facility, RFP #95-2448.
(3) Recommendation that the Board of County Commissioners Awarded to Newspaper
award Bid #95-2467 for printing of the Parks and Printing Co. of Ft. Myers
Recreation Leisure Line brochure. in the amt. of $51,675.95
D. SUPPORT SERVICES
(1) Recommendation to declare property as surplus and Property declared surplus;
authorize a sale of surplus County-owned property. Auction to be held on
Saturday, Feb. 17, 1996
(2) Recommendation to terminate a portion of the award Contract w/Waterman
under Bid #95-2398 and to re-award to the second lowest Chemical terminated and
bidder. awarded to Carus Chemical
Co.
(3) This item has been deleted. Deleted
(4) Request Board of County Commission approval of a
Certificate of Public Convenience and Necessity for the
Collier County Emergency Medical Services Department.
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E. COUNTY MANAGER
(1) Approval of Budget Amendments. BA-96-117
(2) Approve contract with Naples Area Convention and
Visitors Bureau for Category B, Tourist Development
Revenue.
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) Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
17. ADJOURN