Recap 07/23/1996 R COLLIER COUNTY
BOAP, D OF COUNTY COMMISSIONERS
AGENDA
Tuesday, July 23, 1996
9~00 a.m.
NOTICEs 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 HAY 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 1~00 P.M.
AS A PUBLIC SERVICE, THE OFFICE OF FRANCHISE ADMINISTRATION
PRESENTS "PREPARE TO SURVIVE", A PROGRAM ON HURRICANE
PREPAREDNESS BEING SHOWN ON THE COLLIER COUNTY GOVERNMENT
ACCESS STATION CHANNEL 54, MONDAY, WEDNESDAY AND FRIDAY
FROM 8=00 P.M. TO 8~30 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
with changes and County
Attorney's comments - 5/0
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
B. Service Awards Presented
Stephen G. Fredley Maintenance Services 20 years
Bobby J. Paul Waste Water 10 years
Marc E. Stephenson Water Department 10 years
Mark C. Gedvillas Waste Water 5 years
C. Presentations
1. Employee Safe Drivers' Awards. Presented
6. APPROVAL OF CLERK'S REPORT
A. 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. COMM%~NITY DEVELOPMENT & ENVIRONMENTAL SERVICF~
(1) Discussion of fees generated from building permits Report accepted with
and development review applications in the Community changes - Approved 3/2
Development and Environmental Services Division. (Commsrs. Hancock &
Matthews opposed)
(2) Presentation of citizen request to construct an Approved 5/0
osprey pole on County property located in Lely
Barefoot Beach. (Continued from the meeting of
7/16/96).
(3) Approval to execute an amendment to the Agreement To be brought
Transportation Disadvantaged Funding Agreement back to the MPO level and
between Collier County and TECH of Collier County, readvertised and rebid -
Inc. (Continued from the meeting of 7/16/96). 5/0
B. PUBLIC WORKS
(1) Review of findings of Surface Water Storage Reservoir Report Accepted and
Feasibility Study. Staff to compare reservoir
vs. the ASR and aquifer
with regards to
feasibility study and work
with Big Cypress Basin
Board 5/0
(2) This item has been deleted. Deleted
(3) Recommendation that the BCC approve and execute the Res. 96-328 -Adopted 5/0
attached Resolution authorizing interim commercial paper
2
borrowing in order to finance the Naples Park Stormwater
Drainage Project.
(4) Recommendation to approve an Interagency Agreement Approved - 5/0 Staff to
between Collier County and the State of Florida return on 8/6/96 with a
Department of Corrections, Hendry Correctional report from the Sheriff
Institution, for continued use of inmate labor in road
maintenance activities.
(5) Report of current status and recommendation to expand Program approved and
the Golden Gate City Alleyway Construction Program. millage for MSTD to be
increased to .3294 - 5/0
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
Added
(1)(a) Discussion: Wrap-Up regarding Natural Resources Presented
FY 97 Budget.
(1) Recommendation to adopt proposed millage rates for Res. 96-329 Adopted w/
the FY 97 Collier County Budget. tentative millage rate of
3.8424 Adopted 3/2
(Commsrs. Constantine &
Mac'Kie opposed)
Moved from Item #16E2
(2) A request that the Board of County Commissioners To be further discussed in
direct staff to amend the ordinance establishing the two weeks (Consensus).
Black Affairs Advisory Board to redefine the number of
members required for a quorum.
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Board of Building Res. 96-330 appointing
Adjustments and Appeals. Daniel Buhs - Adopted 5/0
B. Appointment of members to the Hispanic Affairs Advisory Res. 96-331 appointing
Board. Manuel ~uldres Laso,
Armando Ayla and Edgardo
Tenreiro Adopted 5/0
C. Discussion regarding Livingston Road. No Action.
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. A1 Perkins re meeting at the Golden Gate Community Center Discussed
3
on 7/24/96
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS BCC
A. COMPREHENSIVE PLAN AMENDMENTS
(1) The Community Development and Environmental Services Ord. 96-41 - Adopted 5/0
Division as directed by the Board of County Commissioners
has prepared an amendment to the Future Land Use Element
of the Comprehensive Plan pertaining to the Area of
Critical State Concern (ACSC) to reinstate the
Agricultural Exemption and to modify the site alteration
requirements for Southern Golden Gate Estates.
(Continued from the meeting of 6/25/96)
(2) Recommendation that the Board of County Commissioners Reaffirmed action of
approve a Resolution to add an addendum to the Evaluation 7/16/96 - 5/0
& Appraisal Report (EAR) of the Collier County Growth
Management Plan by amending Paragraph V.C of the Golden
Gate Area Master Plan of the Future Land Use Element and
to transmit said Resolution to the Southwest Florida
Regional Planning Council (SWFRPC) and Florida Department
of Community Affairs (DCA). (Continued from the meeting
of 7/16/96)
B. ZONING AMENDMENTS
(1) Petition PD'D-84-7(4), George L. Varnadoe, Esq. of Ordinance 96-42 Adopted
Young, vanAssenderp and Varnadoe, P.A., representing 951 with changes 5/0
Land Holdings Joint Venture requesting a rezone from
"M.H." Mobile Home District to "PUD" Planned Unit
Development District for 22.9 acres, and its
consolidation into the Fiddlers Creek/Marco Shores PUD to
be accomplished as part of amending the Fiddlers Creek
Marco Shores PUD from "PUD" to "PUD" which amendment will
result in reducing the authorized number of dwelling
units for Fiddlers Creek, as renamed from Unit 30 Marco
Shores, from 7,000 to 6,000 dwelling units; revise
development standards for discreet housing structure
types; eliminate location specific areas for types of
housing units; and other amendments needed to reflect
changes to Fiddlers Creek/Marco Shores that do not affect
the regulations for the remainder of Marco Shores
development areas; updated references; additional
provisions in response to current conditions and to adopt
a new master plan. (Companion to Agenda Items 12C.(1)
and 12C.(2).
(2) Petition PUD-76-35(1), J. Dudley Goodlette of Ord. 96-43 - Adopted with
4
Goodlette, Coleman & Johnson, representing National change 5/0
Assisted Living Limited Partnership for an amendment to
the Wilderness PUD requiring amendment for use specific
land uses for Parcel 9 (Commercial Tract) and approval of
a Site Development Plan.
(3) Petition PUD-92-2(1), Blair Foley of Coastal Ord. 96-44 - Adopted 5/0
Engineering Consultants, Inc., representing James H.
Gorman requesting an amendment to the Victoria Landing
Condominium PUD which is to be retitled Whittenberg PUD
through a PUD to PUD rezoning process having the
objective of changing development standards for the same
level of authorized dwelling units (122) for property
located on the north side of Davis Boulevard in Sec. 6,
T50S, R26E, consisting of 41.08 acres. (Continued from
the meeting of 6/25/96)
(4) Petition R-96-6, Thomas E. Killen representing South Ord. 96-45 - Adopted with
West Hotels Corporation requesting a rezoning of certain changes 5/0
defined property as herein described from "RT" to "RT"
for property located on the east side of U.S. 41 (Tamiami
Trail) approximately 1/2 mile north of Immokalee Road
(C.R. 846) contiguous to the Cocohatchee River in Sec.
22, T48S, R25E, consisting of approximately 3.58 acres.
C- OTHER
(1) Petition DOA-96-1, Resolution of the Board of County Res. 96-332 does not
Commissioners of Collier County determining that constitute substantial
revisions to the Marco Shores Development Order does/or deviation - Adopted with
does not constitute a Substantial Deviation requiring changes 5/0
further Development of Regional Impact Review.
(Companion to Agenda Items 12B.(1) and 12C.(2)
(2) DOA-96-1, George L. Varnadoe of Young, vanAssenderp Res. 96-333/ D0-96-1 -
and Varnadoe, P.A., requesting an amendment to the Marco Adopted with changes 5/0
Shores Development Order, Resolution 84-237 as amended by
Resolution 88-117 and 89-149, for the purpose of renaming
Unit 30 of the Marco Shore PUD Fiddlers Creek; to adjust
density and intensity of land uses and to adopt a new
Master Plan. (Companion to Agenda Items 12B.(1) and
12C.(1)
(3) Scriveners Error 96-1, an Ordinance amending the Ord. 96-46 Adopted 5/0
Official Zoning Atlas Map Number 9515N by changing the
Zoning Classification of the herein described real
property (Exhibit "A") from "C-4", "RSF-4", and "P" to
"C-4" to correct a scriveners error in the zoning
designation for the subject property located at the
southeast intersection of Pine Ridge Road (C.R. 896) and
U.S. 41, in Sec. 15, T49S, R25E.
(4) Recommendation to rescind Ordinance No. 83-7 in its Ordinance 96-40 Adopted
entirety and to approve a new ordinance, the "Collier 5/0
5
County Personnel Ordinance."
(5) Adopt an Ordinance to approve a Dispute Resolution Ord. 96-47 Adopted 5/0
Process for the Collier County Water-Sewer District
(6) Petition AV 96-004 Joe Boggs, as agent for owner Continued to 8/13/96
William T. Higgs, Trustee, requesting vacation of an odd
shaped drainage easement, a portion of a thirty (30')
foot ingress/egress and a fifteen (15') foot drainage
easement located on Tracts 4, 5, 6, 7 and 8 of the plat
of Wiggins Bay Phase I, as recorded in Plat Book 13,
Pages 89 90, of the Public Records of Collier County,
Florida
(7) Petition AV 96-005, Coastal Engineering Consultants, Continued to 8/13/96
Ind., as agent for owner, Cleveland Clinic Foundation,
requesting vacation of a portion of 10th Avenue, S.W., as
shown on the plat of Golden Gate Estates Unit No. 33, as
recorded in Plat Book 7, Page 60 of the Public Records of
Collier County, Florida
(8) Recommendation that the Board of County Commissioners Denied 3/2 (Commsrs.
adopt an ordinance granting to Florida Power and Light Mac'Kie and Norris
Company an electric franchise for thirty years to opposed)
construct, maintain, operate and relocate electric light
and power facilities in the unincorporated area of
Collier County providing for monthly payment of franchise
fee of three percent of revenues for the first five years
and subject to adjustment thereafter and providing for
additional terms and provisions. (Continued from the
meeting of 7/16/96)
(9) Recommendation that the Board of County Commissioners Denied 3/2 (Commsrs.
adopt an ordinance granting to Lee County Electric Mac'Kie and Norris
Cooperative, Inc., an electric franchise for thirty years opposed)
to construct, maintain, operate and relocate electric
light and power facilities in the unincorporated area of
Collier County providing for revenues for the first five
years and subject to adjustment thereafter and providing
for additional terms and provisions. (Continued from the
meeting of 7/16/96)
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition A-96-1, Emily Maggio requesting an appeal of Appeal upheld which denies
a Collier County Planning Commission's approval of a boat the boat dock extension -
dock extension approved on June 6, 1996, for property 4/1 (Commissioner
located on Lot 7, Block C, Little Hickory Shores, Unit 1. Constantine opposed)
(Continued from 7/16/96)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COM14UNICATION~
1. City Barn in Everglades City partially on County property
and interlocal agreement to be brought to the BCC
regarding same
2. Commissioner Constantine scheduled for Jury Duty the week
of August 5th.
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. COMITY DEVELOPI~ENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve Lien Resolution for Code Res. 96-320
Enforcement Case No. 60209-016; owner of record -
Lawrence K. Joyce Estate.
(2) Recommendation to approve Lien Resolution for Code Res. 96-321
Enforcement Case No. 60209-017; owner of record - Larence
K. Joyce Estate.
(3) Recommendation to approve Lien Resolution for Code Res. 96-322
Enforcement Case No. 60308-136; owner of record
Varnville Corp.
{4) Recommendation to approve Lien Resolution for Code Res. 96-323
Enforcement Case No. 60311-131; owner of record - Deltona
Corp.
(5) Recommendation to approve Lien Resolution for Code Res. 96-324
Enforcement Case No. 60313-019; owners of record Eric
M. Reishus, Marlin B. Reishus.
(6) Recommendation to approve Lien Resolution for Code Res. 96-325
Enforcement Case No. 60308-135; owner of record -
Varnville Corp.
(7) Recommendation to approve Excavation Permit No. w/stips.
59.574 "Regency Village Water Management Lake" located in
Sec. 19, T48S, R26E, generally bounded on the East by
1-75, on the South by C.R. 846 (Immokalee road) on the
7
North and West by the Regency Village PUD.
(8) Recommendation to approve for recording the final Res. 96-326 w/
plat of "Quail West Unit One, Replat Block A" and approve Construction, Maintenance
a resolution vacating those lands previously platted as & Escrow Agreement
Tract F-4 and a portion of Lot 31 of Quail West Unit One
Replat, petition AV-96-014.
(9) Request for the Board of County Commissioners to In the amount of $1,907
approve a Budget Amendment to recognize additional
Community Development Block Grant Program income that
must be refunded to the Department of Community Affairs.
(10) Recommendation to approve for recording the Final Res. 96-327 w/
Plat of "Quail West Unit One Replat Block C, First Construction, Maintenance
Addition" and approve a Resolution vacating those lands & Escrow Agreement
previously platted as a portion of Tract C of Quail West
Unit One Replat, Petition AV-96-017.
(11) Water facilities acceptance for Pelican Marsh, Unit w/stips and cash bond in
Two, Vanderbilt Corridor. the amount of $1,407
B. PUBLIC WORKS
(1) Request Board approval to increase in the amount of
$2,000 for the "Oakes Drainage Ditch Project" - Work
Order #WA-8-S with Wilkison & Associates.
(2) Approval of Supplemental Agreement No. 2 to standard
form of agreement between owner and engineer for
professional services with Agnoli, Barber and Brundage,
Inc. for work on the Naples Park Drainage Improvement
Project.
(3) Recommendation that the Board of County Commissioners
approve modifications of the Solid Waste Collection
Franchise Agreements with Waste Management Inc. of
Florida and Immokalee Disposal Co. and authorize the
Chairman to sign the agreements on behalf of the board of
County Commissioners.
(4) Approve Work Order No. VB-13 with Vanderbilt Bay Subj. to Cnty. Arty.
Construction, Inc., to provide shoreline stabilization on approval
Hideaway Beach.
(5) Approve budget amendments recognizing carry forward
amounts from FY 1995 for Fund 589, Office of Capital
Projects Management and repayment to the General Fund.
(6) This item has been deleted. Deleted
(7) This item has been deleted. Deleted
(8) Approve change orders to the Professional Services Transfer in the amount of
Agreement with Humiston & Moore Engineers for the Marco $54,281.00
Island Segmented Breakwater.
C. P~BLIC SERVICES
(1) Recommendation that the Board of County Commissioners
approve the continuation grants for Home Care for the
Elderly and Alzheimer's Disease Initiative for 1996-1997,
and sign the related contracts.
D. SUPPORT SERVICES
(1) To approve a budget amendment to appropriate the
maintenance services revenues that are in excess of their
budget.
(2) Recommendation to approve the attached budget
amendment recognizing additional estimated revenues and
expenses in the Fleet Management Fund 521.
E. COUNTY MANAGER
(1) Approval of Budget Amendments. B.A.'s 96-461, 96-479,
96-502, 96-508 & 96-511
(2) A request that the Board of County Commissioners Moved to Item #8E2
direct staff to amend the ordinance establishing the
Black Affairs Advisory Board to redefine the number of
members required for a quorum.
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. i~DJOURN