Recap 10/22/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, October 22, 1996
9500 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 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 lz00 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
with changes and
Commissioner Mac'Kie
abstaining from Item #16A1
- 5/0
4. APPROVAL OF MINUTES Approved as presented -
5/0
September 23, 1996 - Value Adjustment Board Meeting
September 24, 1996 - Regular Meeting
September 25, 1996 - Value Adjustment Board Meeting
October 1, 1996 - Regular Meeting
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
1
October 22, 1996
(1) Latin American Heritage Week in Collier County, to be Adopted - 5/0
accepted by Anna Rodriguez, President of LABBA and Nelson
Munuz, President-Elect of LABBA.
(2) Red Ribbon Week, to be accepted by Cal Winger and Adopted - 5/0
Marilyn Petska, Red Ribbon Committee members.
B. Service Awards Presented
Dennis Mazzone, Code Enforcement 15 Years
Gerald Ballard, Development Services - 10 Years
Erin Percival, EMS - 10 Years
C. Presentations
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
7. PUBLIC PETITIONS
8. COUNTY M2&NAGER, S REPORT
A. COMMI;NITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Continued to 11/19/96
(1) Staff review and recommendations relative to Continued to 11/19/96
Ordinance 89-95, as amended, also known as the Breezewood
PUD, which, according to the required PUD Status Report
submitted by the property owner/agent, has not commenced
construction as defined in Section 2.7.3.4 of the Collier
County Land Development Code resulting in several
possible courses of action for the Board of County
Commissioners to consider.
Continued to 11/12/96
(2) A Resolution amending Resolution 96-27 to correct a Continued to 11/12/96
scrivener's error for a condition of approval added to
Stipulation "B" which had been omitted from Exhibit "D"
of said Resolution by mistake.
(3} Request for authorization from the Board of County Approved - 5/0
Commissioners to authorize staff to pursue enactment of a
special act of the Florida Legislature which act will,
after passage of a specified number of years, eliminate
all unused bisecting easements and all unused perimeter
easements in the Golden Gate Estates.
(4) Douglas W. Nelson and John P. Asher, P.E., Approved w/condition - 5/0
representing James B. Wiltberger, requesting final plat
approval of "Hilltop Estates", a four lot subdivision
located in Sec. 15, T49S, R25E. (Continued from the
meeting of 10/15/96)
B. PUBLIC WORKS
2
October 22, 1996
(1) Adopt the Collier County Water Master Plan Update and Approved - 5/0
approve the recommended operational standards
(2) A resolution to approve the final application for a Res. 96-479/CWS- 96-12
state revolving fund loan for Phase I improvements to the Adopted - 5/0
South County Regional Wastewater Treatment Facility
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
(1) Recommendation to the Board of Collier County Approved - 5/0
Commissioners to authorize the Chairman to execute an
agreement with Action Audits, LLC., for the provision of
consultation services.
Add-on
(2) Recommendation to consider indemnification and hold Approved - 5/0
harmless agreement between the Board of County
Commissioners and the Ford Florida Evaluation Center.
9. COUNTY ATTORNEY'S REPORT
(A) Resolution approving the City of Naples, Florida, Res. 96-480 Adopted - 5/0
Hospital Revenue Bonds (Naples Community Hospital, Inc.
Project) Series 1996, in an aggregate principal amount
not to exceed $40,000,000 for the purpose of making a
loan to Naples Community Hospital, Inc. to be used to
refund all or a portion of the outstanding principal
amount of City of Naples Hospital Revenue Bonds, Series
1992, to pay all or a portion of the costs of a capital
project for health care facilities and to pay all or a
portion of the cost of credit enhancement and the costs
associated with the issuance of the Bonds.
10. BOARD OF COUNTY COMMISSIONERS
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
1. A1 Perkins regarding activities south of Alligator Alley Discussed
between C.R. 951 and S.R. 29
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
3
October 22, 1996
B. ZONING A/~ENDM~TTS
Continued to 11/12/96
(1) Petition PUD-82-11(4), C. Dean Smith of Q. Grady Continued to 11/12/96
Minor & Associates, P.A., representing Audubon Joint
Venture, requesting an amendment to the Audubon Country
Club PUD for the purposes of establishing the distance
between building regulation as it applies to Tracts "B"
and "E", Lots 1 thru 22 of the Audubon Country Club
Subdivision Plats.
(2) Petition R-96-11, Mr. and Mrs. Eugene Cox requesting Ordinance 96-63 Adopted
a rezone from "A" Rural Agricultural to "RSF-i" 5/0
Residential Single Family for property located on the
south side of Orange Blossom Road west of Yarberry Lane
in Sec. 2, T49S, R25E, containing 1.79 acres, more or
less.
(3) Petition PUD-83-26(1), George L. Varnadoe of Young, Ord. 96-64 Adopted with
vanAssenderp & Varnadoe, P.A., representing The Immokalee stipulation - 5/0
Road Partnership and the Ribeck Co., requesting an
amendment to "The Woodlands" Planned Unit Development
through a "PUD to PUD" Planned Unit Development rezoning
action having the effect of replacing the Master Plan
with a new Master Plan; reducing the density and
intensity of authorized land uses; increasing open space
and preserves and making other changes to reflect the
current timeframe. The Woodlands PUD is located north of
Immokalee Road in Sec. 21, T48S, R26E, and contains 500
acres, more or less. (Companion to Agenda Items 12C.1
and 12C.2)
(4) Petition PUD-82-33(3), Michael R. Fernandez, AICP, of Denied 3/2
Planning Development, Inc., representing Harig (Commissioners Mac'Kie and
Manufacturing Corporation, requesting an amendment to the Matthews opposed)
Wiggins Bay PUD to allow residential uses as an option to
commercial uses for a designated commercial tract,
specifically to allow 56 dwelling units in a 15 story
building for property located at the southeast corner of
Vanderbilt Drive and Wiggins Pass Road. (Continued from
the meeting of 10/8/96)
(5) Petition PUD-96-11, William R. Vines and Associates, Ord. 96-65 Adopted with
Inc., requesting a rezone from "A" Rural Agricultural and stipulations -5/0
"PUD" Planned Unit Development to "PUD" Planned Unit
Development for property located at the northwest corner
of 1-75 and Immokalee Road (C.R. 846) in Sec. 18 and 19,
T48S, R26E, consisting of 574.56 acres more or less.
(Companion to Agenda Items 12C.3 and 12C.4)
C. OTHER
(1) Resolution of the Board of County Commissions of Res. 96-481 Adopted - 5/0
Collier County determining that revisions to the
4
October 22, 1996
Woodlands Development Order does or does not constitute a
substantial deviation requiring further Development of
Regional Impact review. (Companion to Agenda Items 12B.3
and 12C.2)
(2) Petition DOA-96-3, George L. Varnadoe of Young, Res. 96-482/D0-96-2
vanAssenderp & Varnadoe, P.A., representing the Immokalee Adopted - 5/0
Road Partnership and the Ribeck Co. for an amendment to
"The Woodlands" DRI Development Order 86-1, as amended,
having the effect of replacing the Master Plan with a new
Master Plan, reducing the density and intensity of
authorized land uses, increasing open space and preserves
and making other changes to reflect the current timeframe
The Woodlands DRI is located on the north side of
Immokalee Road (C.R. 846) in Sec. 21, T48S, R26E, and
contains 500 acres, more or less. (Companion to Agenda
Items 12B.3 and 12C.1)
(3) Resolution of the Board of County Commissioners of Res. 96-483 Adopted - 5/0
Collier County determining that revisions to the Regency
Village of Naples Development Order does/does not
constitute a substantial deviation requiring further
development of regional impact review. (Companion to
Agenda Items 12B.5 and 12C.4)
(4) Petition DOA-96-2, William R. Vines of Vines and Res. 96-484/D0-96-3
Associates, Inc., representin9 Pelican Strand, Ltd., Adopted 5/0
requesting an amendment to the Regency Village of Naples
Development Order 90-1, as amended, for the purpose of
adding 375.3 acres of land to the area covered by the
Development Order; changing the name to Pelican Strand,
and adopting a new Master Plan for property located in
parts of Section 18 and 19, T48S, R26E. (Companion to
Agenda Items 12B.5 and 12C.3)
(5) Petition AV 96-023 for the vacation of two, five-foot Res. 96-485 Adopted - 5/0
utility easements on sites 92 and 93, Pelican Bay Unit 7,
as recorded in Plat Book 14, Page 100, of the Public
Records of Collier County, Florida
(6) Public Workshop to receive input as to whether the Continued until more
County shall exercise its early termination option for information is available
operation of the County Landfill near the intersection of
CR-951 and 1-75 (To he heard at end of regular Board of
County Commissioners meeting)
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition NUA-96-2, Harold E. Vann requesting a Res. 96-486 Adopted - 5/0
non-conforming use alteration in order to replace an
existing mobile home with a new manufactured dwelling for
property located on the east side of Bald Eagle Drive on
5
October 22, 1996
Marco Bay in Sec. 5, T52S, R26E.
(2) Petition CU-96-15, Dr. Neno J. Spagna representing Res. 96-487 Adopted - 5/0
the Church On The Rock requesting Conditional Use "10" of
the C-1 Zoning District for a church and church related
facilities for property located on Pine Ridge Road.
(3) Petition CU-96-12, Don Apperson requesting Res. 96-488 Adopted with
Conditional Use to allow for a house of worship for stipulations 4/1
property located on the south side of Golden Gate (Commissioner Matthews
Boulevard in Sec. 11, T49S, R26E. opposed)
(4) Petition V-96-19, Mark Lamoureux, P.E., of Mark Res. 96-489 Adopted - 5/0
Lamoureux Engineering representing Executive Development
Corporation requesting a 5 foot variance from the
required 15 foot side yard setback to 10 feet for
carports for property located at 1550 Tamiami Trail
North, in Sec. 15, T49S, R25E.
B. OTHER
(1) Petition CU~94-4, Blair A. Foley representing James Res. 96-490 Adopted - 5/0
Billie requesting an extension of Conditional Use "23" of
the "A" Agriculture Zoning District to allow for museum
and Indian Cultural Facility that has previously received
conditional use approval for property located on the
south side of U.S. 41 and approximately 3 miles east of
the Port of the Islands in Sec. 13, T52S, R28E,
consisting of 10 acres.
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
Added
1. Discussion regarding Cleveland Clinic (Commissioner BCC to support request for
Norris) a Public hearing by the
Cleveland Clinic.
15. STAFF'S COMMUNICATIONS
Added
1. Christmas and New Year's vacation and board meeting No BCC meetings to be held
schedule. on Dec 24 and Dec 31.
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.
6
October 22, 1996
A. COM3r~NITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Petition AV-96-021, recommendation to approve for Resolution 96-477 with
recording the final plats of "Augusta Falls" and Construction & Maintenance
"Fountainhead Subdivision Replat" and approve the Agreement (Commissioner
vacation of portions of the recorded plat of Mac'Kie abstained}
"Fountainhead Subdivision".
(2) Recommendation to approve for recording the final With stipulations,
plat of "Pelican Marsh Unit Thirteen". Construction & Maintenance
Agreement, and Letter of
Credit
(3) Recommendation to approve for recording the final
plat of "Pelican Marsh Unit Fourteen".
(4) Recommendation to approve for recording the final With stipulations and
plat of "Calumet Reserve" Construction & Maintenance
Agreement
(5) Request the Board of County Commissioners approve the Resolution 96-478
Resolution authorizing the Natural Resources Department
Director to apply for and administer the Florida
Department of Environmental Protection Special Waterway
Projects Grant.
B. PUBLIC WORKS
(1} Approve an amendment to a professional services In the amount of $46,300
agreement with Camp, Dresser & McKee for engineering
services related to the Wastewater Master Plan Update
(RFP #95-2451)
(2) Award contract to construct reclaimed water Awarded to Mitchell &
transmission main from Quail Creek to the North County Starke in the amount of
Regional Water Treatment Plant Phase I, Bid No. 96-2581 $783,400.62
(3) Recommendation to award Bid #96-2562R for wellfield Awarded to AMPS, Inc. in
maintenance and rehabilitation the estimated amount of
$316,920
(4) Approve the Stipulated Order for payment of attorney In the amount of $8,348
fees and costs for acquisition of Parcel Nos. 39 and 41
for the Bonita Beach Road four laning project
(5) This item has been deleted.
(6) Approval of budget amendments to correct shortfall in
Road and Bridge equipment repair and maintenance budget
Withdrawn
(7) Recommendation to award Bid #96-2580 for underground Withdrawn
utilities supplies
7
October 22, 1996
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
approve acceptance of a grant award agreement for
$360,902 from the Florida Department of State, Division
of Historical Resources for restoration of the Museum of
the Everglades, and authorize the Chairman to sign the
agreement and the requests for advanced grant palanent.
(2) Recommendation to have the Board of County In the amount of $25,000
Commissioners approve a budget amendment recognizing a
private contribution for use in the Collier County Animal
Control Department.
(3) Recommendation that the Board of County Commissioners
approve a limited use agreement between Collier County
and Naples North Rotary Club, Inc., for parking for the
Fantasy in Fire Exhibition.
(4} Recommendation that the Board of Collier County
Commissioners authorize the annual contract between the
State of Florida Department of Health and Rehabilitative
Services (HRS) and Collier County.
Withdrawn
(5) Recommendation that the Board of County Commissioners Withdraw~
terminate the existing concession agreement relative to
the Cocohatchee River Park facility and authorize staff
to advertise for a new request for proposals for said
concession.
D. SUPPORT SERVICES
(1} Recommendation to award Bid #96-2565 for purchasing Awarded to Scott Paints &
paint and related items. Sherwin Williams
(2) Recommendation that the Board of County Commissioners
award Bid #96~2585, Annual Contract for Painting to Paint
Doctor Painting Contractors, Inc.
(3) Recommendation that the Board of County Commissioners
approve a Lease Agreement between Collier County and
Orange Pine Limited Partnership for the continued use of
office space at Orangetree Center.
E. COUNTY 14~/qAGER
(1) Recommendation that the Board of County Commissioners
approve and execute an Avigation Easement over Fiddler's
Creek for the approach path to Marco Island Executive
Airport.
(2) Budget Amendment Report. BA 97-007
F. BOARD OF COUNTY COMMISSIONERS
8
October 22, 1996
G. MISCELLANEOUS CORRESPONDENCE
1. Satisfaction of Lien: NEED MOTION authorizing the
Chairman to sign Satisfaction of Lien for Services of
the Public Defender for Case Nos. 93-1663-CFA,
92-3904-MMA, 90-5776-TMC, 92-2387-MI,
88-1315-MM96-844-CFA, 96-1984-MMA, 96-2535-MMA,
96-4414-MMA, 87-590-CJA. RECOMMEND APPROVAL.
2. Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation to approve a budget amendment
recognizing Florida Department of Transportation Grant
Award #J7-97-13-08-01 in the amount of $227,000.
I. COUNTY ATTORNEY
(1) Recommendation that the Board approve appraisal
contracts with Coastal Appraisal Services, Sewell,
Valentich, Tillis & Associates and Klusza & Associates
for appraisal services and expert testimony in acquiring
the temporary taking on the proposed landfill sites and
the fee take of the selected site.
17. ADJOURN
9
October 22, 1996