Recap 09/12/1995 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 12, 1995
9500 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
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
5/0 with changes
A. Approval of consent agenda. Approved and/or adopted
5/0 with changes
4. APPROVAL OF MINUTES Approved as presented 5/0
August 15, 1995 - Regular meeting.
August 22, 1995 - Regular meeting.
August 22, 1995 - Workshop.
August 24, 1995 - Emergency meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1 "Law Enforcement Appreciation Day". To be accepted Adopted 5/0
by Jerry Brock.
(2) "Industry Appreciation Week". To be accepted by Adopted 5/0
Colleen Kvetko, Chairman Industry Appreciation
Committee.
(3) "Beach Clean-Up Day". To be accepted by Susan C. Adopted 5/0
Nichols-Lucy.
Added
(4) Proclamation recognizing and thanking Mr. and Mrs. Adopted 5/0
Herbert J. Sudgen for their generous contribution
toward the Lake Avalon Project.
B. Service Awards Presented
Robert C. Allen Parks & Recreation 20 years
Murdo Smith Parks & Recreation 20 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. Recommendation that the Board of County Commissioners Continued and to be heard
adopt a revised investment policy. with Item 9A - 5/0
Continued one week and
Raymond James to review
5/0
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Report on water quality problems in Vanderbilt Report accepted as
Lagoon. presented 5/0
B. PUBLIC WORKS
(1) Recommendation for Board approval of the financing Staff recommendation
method for construction of the Naples Park Drainage approved 4/0 (Commsr.
Project. Constantine absent).
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(2) Recommendation to adopt a resolution initiating a Res. 95-517 Adopted 4/0
program for the purpose of providing stormwater drainage (Commsr. Constantine
improvements within the Naples Park Area Drainage absent).
Improvements Municipal Service Benefit Unit.
(3) Recommendation to adopt a resolution setting the Res. 95-518 setting
date, time and place for the public hearing on the hearing date for 10/24/95
tentative assessment roll for the Naples Park Area at 9:00 A.M. in Commission
Drainage Improvements Municipal Service Benefit Unit. Chambers. Adopted 4/0
(Commsr. Constantine
absent).
(4) Staff report on the purchase negotiation of the Staff to work further with
Bathey property. Mr. Hubschman & Engineers
5/0
(5) Recommendation to continue the weekly yardwaste Approved 5/0
collection program.
Added
(6) Report on Royal Cover Sewer Issues {Staff's Request) Proposed settlement
rejected; staff to proceed
with necessary work of
wetwell; staff to bring
back resolution to adopt
assessment district; and
necessary budget
amendments approved. 5/0
Added
(7) County Drainage update (Staff's Request) Staff directed to talk
with SFWMD about getting
culverts sandbagged and
bring back a proposal
after talking with the
residents. (Consensus)
C. PUBLIC SERVICES
Added
(1) Recommendation that the BCC confirm their previous Staff directed to leave
direction regarding the institution of beach parking fees budget as is. 3/2
for non-county residents for FY 1995-96 (Staff's request) (Commissioners Matthews
and Constantine opposed)
Added
(2) To obtain the Board of County Commissioners' approval Res. 95-519 - Adopted 5/0
of a Resolution which will allow charles Schwab, Inc. to
sell the number of shares of Ralcorp Holdings Common
Stock which will most closely approximate the sum of
$500,000 on behalf of the County. (Staff's Request)
D. SUPPORT SERVICES
Moved from 16D2
(1) To seek Board approval of a Resolution adopting Res. 95-520 - Adopted 5/0
terms for the members of the Council of Economic
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Advisors.
E. COUNTY MANAGER
(1) Allocate $1,500,000 of previously collected 1991 Approved - 5/0
Category B Tourist Development Funds for promotion of two
separate entities of the Collier County Tourism Committee
for a two-year period.
(2) Recommendation that the Board of Collier County Approved as amended
Commissioners review a pilot Gainsharing Program for 5/0
Fiscal Year 1996.
9. COUNTY ATTORNEY'S REPORT
A. Report to Board regarding issues of County Investment Report presented
Policy including control of investment portfolio.
B. Report to Board regarding Collier County Utilities Rate Staff to set public
Regulation Authority Jurisdictional Issues, hearing date to consider
Implementation Procedures. resolution/ordinance to
rescind prior BCC action
and replan authority re
rate regulation. 5/0
Added
C. Authorization for the Chairman to travel to Tampa, FL and Approved 5/0
participate in the Mediation Conference for the
litigation case of Great Monument Construction Co.. v.
Board of County Commissioners for Collier County, Case
No. 94-2928-CA-01-TB
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Historical Archaeological Res. 95-521 appointing
Preservation Board. Rose Alberter and
reappointing Diane
Gonzalez. Adopted 5/0
Added
B. Discussion regarding appointments ot Advisory Boards. Staff to advertise for
three seats on the CCPC.
5/0
11. OTHER CONSTITUTIONAL OFFICERS
Withdrawn
A. Recommendation that the Board of County Commissioners Withdrawn
approve the purchase of a computer-aided dispatch (CAD)
system.
PUBLIC COMMENT ON GENERAL TOPICS
LUNCH RECESS 12z00 NOON TO lz00 P.M.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN ~24ENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-95-4, Michael R. Fernandez, AICP, of Ord. 95-47 Adopted 5/0
Agnoli, Barber & Brundage, Inc., representing Piper
Boulevard Medical Office Center Investors, for a rezone
from RMF-16 to PUD Planned Unit Development for a
development consisting of uses authorized by the C-2
Commercial Convenience District of the Land Development
Code not exceeding a gross floor area of 30,000 square
feet for property located immediately east of Cypress Way
East and north of Immokalee Road in Sec. 23, T48S, R25E.
(2) Petition PUD-80-20(5), Donald W. Arnold representing Continued to 10/10/95
the Collier County Board of Commissioners requesting an and to be readvertised
amendment to the Hideaway Beach PUD, Ordinance 92-11, by
amending Section 4.04.04, Minimum Setbacks, by changing
the Minimum Principal and Accessory Structure Building
Setbacks for lots abutting the beach for property located
on Marco Island in part of Secs. 5, 6, and 7, T52S, R26E.
(Continued from the meeting of 8/8/95) (THIS ITEM WILL
BE HEARD AT THE CONCLUSION OF THE REGULAR AGENDA).
(3) Petition R-95-5, Dennis M. Portella of Portella-Rowe Continued to 10/24/95
Associates, Inc., representing Immokalee Habitat for
Humanity, Inc., requesting a rezone from A-MHO and C-F to
RSF-5 for property located at Lake Trafford Road and
Little League Road in Sec. 36, T46S, R28E, consisting of
8.2 acres. (Continued to the meeting of 10/24/95.)
C. OTHER
(1) An Ordinance amending Ordinance 88-87 to correct a Ord. 95-48 Adopted 5/0
Scrivener's error on the Official Zoning Atlas Map Number
9618N referring to the "ST" overlay which in fact should
have been removed from the Pine Ridge Center West PUD:
located west of 1-75 on Pine Ridge Road, in Sect. 18,
T49S, R26E, Collier County, Florida; and by providing for
an effective date.
(2) Petition SN'R-95-2, a Resolution renaming a portion of Continued until after
the former alignment of Logan Boulevard to "Logan Court", readvertising. 5/0
which street is located in Golden Gate Estates, Unit 34,
located off Green Boulevard, east of Santa Barbara
Boulevard and in Sec. 16, T49S, R26E.
(3) Recommendation that the Board of County Commissioners Continued indefinitely
approve an Ordinance amending Ordinance No. 95-20, the
Collier County Structural/Building and Hurricane Code.
(4) Recommendation to adopt a resolution approving BAR-95-9
amendments to the Fiscal Year 1994-95 adopted budget.
(5) Petition AV95-005, Jack Nold as agent for owner, Res. 95-522 Adopted 5/0
Eagle Creek Properties, Inc., requesting vacation of the
drainage easement located on Tract A, of the Plant of
Eagle Creek Country Club as recorded in Plat Book 14,
Pages 1-5, and a portion of a drainage easement as
recorded in Official Record Book 1344, Pages 1082-1084,
of the Public Records of Collier County, Florida
(6) Petition AV95-004 to vacate a portion of a 60 foot Res. 95-523 Adopted 5/0;
road right-of-way known as Bailey Lane located on a Clerk to advertise notice
parcel of land lying in Section 23, Township 49 South, of adoption within 30 days
Range 25 East, as recorded in Official Record Book 929, upon receipt of
Page 1204, and Official Record Book 929, Page 1198, of Transportation Services of
the Public Records of Collier County, Florida proof of compliance from
the City. 5/0
(7) An ordinance amending Collier County Ordinance No. Ord. 95-49 Adopted 5/0
93-72, adopting the County Administration Law of 1974,
Part III of Chapter 125, Florida Statutes, the Collier
County Administrator Ordinance: amending Section Three:
County Administrator; Powers and Duties, by providing
violation definition and sanctions for the Board and its
members.
13. BOARD OF ZONING APPEALS
A. A/DVERTISED PUBLIC HEARINGS
(1) Petition SV-95-4, International Sign and Design Continued to 9/19/95
representing Discount Auto Parts, Inc., requesting a 30
foot variance from the required 150 foot road frontage
for a pole sign to 120 feet, for an auto parts store
located at 3600 Tamiami Trail East. (Continued from the
meeting of 8/22/95)
(2) Petitions CU-95-7, CU-95-8, CU-95-9, and CU-95-10, Res. 95-524 Adopted 5/0
Bill Hoover of Hoover Planning Shoppe, representing Res. 95-525 Adopted 5/0
Immokalee Water and Sewer District, requesting a Res. 95-526 Adopted 5/0
Conditional Use per Section 2.6.9.2 (Essential Services) Res. 95-527 Adopted 5/0
for the expansion of wastewater and water treatment
facilities located in Sec. 31, T46S, R29E, and in Secs.
3, 4, and 9, T47S, R29E. (Continued from the meeting of
8/22/95)
(3) Petition CU-95-5, Willa Pope Joy and Herman Spooner, Res. 95-528 Adopted 5/0
Trustees, representing Versie Spooner, requesting
Conditional Use 2.6.9.2 of Section 2.6.9 (Essential
Services) for a post office in an RSF-3 Zoning District
for property located east of and contiguous to Fifteenth
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Street North (S.R. 29), north of Immokalee Drive, south
of Lake Trafford Road, in Sec. 33, T46S, R29E, consisting
of 1.7± acres. (Continued from the meeting of 8/22/95)
(4) Petition V-95-11, Mitchell B. Thompson, P.L.S., Res. 95-529 Adopted 5/0
representing Gastion, Inc., for a variance from the
required 15 foot landscape buffer along Santa Barbara
Boulevard to 10 feet, and a 5 foot variance from a
portion of the required 10 foot landscape buffer along
the south property line to 5 feet for property described
as a portion of Tract 11, Countryside at Berkshire Lakes,
Section Three, Plat Book 14, Pages 78-80 of the Public
Records of Collier County, Florida. (Continued from the
meeting of 8/22/95)
(5) Petition V-95-9, Mark W. Minor of Q. Grady Minor & Res. 95-530 Adopted 5/0
Associates, P.A., representing Sterling Oaks Joint
Venture, requesting an 8.5 foot variance from the 20 foot
requirement for outdoor clear parking as required in the
Sterling Oaks PUD to 11.5 feet for, Lot 15, Block E,
Sterling Oaks, in Sec. 20, T48S, R25E. (Continued from
the meeting of 8/22/95)
(6) Petition V~95-7, David C. Sneed representing Marvin Res. 95-531 Adopted 5/0
Montgomery, requesting a 17.5 foot variance from the
required 50 foot side yard setback to 32.5 feet for
property located at 5445 Shirley Street in Sec. 11, T49S,
R25E. (Continued from the meeting of 8/22/95)
(7) Petition CU-95-4, Dr. Neno J. Spagna of Florida Urban Continued to 9/19/95
Institute, Inc., representing Richard D. Craig,
requesting Conditional Use "7" and "10" of the "A" Rural
Agricultural District for a church and school for
property located on C. R. 951 approximately 330 feet
north of Vanderbilt Beach Road in Sec. 34, T48S, R26E.
(Continued from the meeting of 8/22/95)
(8) Petition CU-95-6, Robert F. Rogers of Cummings and Res. 95-532 Adopted 5/0
Lockwood, representing the Sunrise Academy Private
School, requesting Conditional Use "1" of the "E" Zoning
District to allow for a church for property located on
the east side of County Barn Road and approximately 300
feet north of Crews Road in Sec. 8, T50S, R26E.
(Continued from the meeting of 8/22/95)
(9) Petition SV-95-3, Mark Minor representing General Denied 5/0
Building Corporation requesting a variance from the
required one (1) double faced sign not to exceed 32
square feet to allow two (2) single faced signs not to
exceed 32 square feet per sign for a model home located
at 6562 Trail Boulevard, in Pine Ridge Subdivision.
(Continued from the meeting of 8/22/95)
(10) Petition V-95-13, Peter R. Comeau of U. S. Home Denied 4/1 (Commsr.
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Corporation, representing Robert M. Lindsay, requesting a Mac'Kie opposed)
3.9 foot after-the-fact variance from the required 10
foot rear yard accessory structure setback to 6.1 feet
for property located on the north side of Lely Island
Circle on Lot 61 in Sec. 27, T50S, R26E.
(11) Petition V-95-12, James M. Boswell, II, requesting a Res. 95-533 Adopted 5/0
5 foot variance from the required front setback of 25
feet to 20 feet and a 5 foot variance from the required
rear setback of 25 feet to 20 feet for property described
as a portion of Lot 16, Block "F" and a portion of Lot
11, Block "H", Replat of Unit No. 3, Little Hickory
Shores.
(12) Appeal of a Growth Management Plan interpretation Continued to 10/3/95
regarding the Maximum Residential Density within a Mixed
Use Activity Center located on Marco Island within the
Urban Coastal Fringe Area subdistrict.
B. OTHER
(1) Petition CU-92-4, William Senkevich of Tempustech, Continued to 9/19/95
Inc., requesting extension of a Conditional Use approval,
granted September 8, 1992, for Conditional Use 5 (Cjuster
Development) of Subsection 2.2.4.3 of the Land
Development Code. (Continued from the meeting of
8/22/95)
(2) Petition CU-94-4, Ronald J. LaFlemme, representing Res. 95-534 Adopted 5/0
James Billie, requesting an extension of a Conditional
Use "23" in the "A" Agricultural Zoning District to allow
for a 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 Isles in
Sec. 13, T52S, R28E, consisting of 10 acres.
1~. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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 Except 16A1
discussion of each item. If discussion is desired by a (Commisisoner Mac'Kie
member of the Board, that item(s) will be removed from abstained)
the Consent Agenda and considered separately.
Ao COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve the final plat of "Walden Construction and
Shores" Maintenance Agreement
(Commissioner Mac'Kie
Abstained)
(2) Recommendation to approve Lien Resolutions for the
following:
(a) Compliance Services Case No. 41212-028; owner of Res. 95-491
record - Douglas L. Carter & Sandra G. Carter.
Withdrawn
(b) Compliance Services Case No. 50303-023; owner of Withdrawn
record - A1 Gallman.
(c) Compliance Services Case No. 50516-035; owner of Res. 95-492
record - Daniel Castro & Gisela Castro.
(d) Compliance Services Case No. 50519-019; owner of Res. 95-493
record ~ Thomas D. Saylor & Robert A. Saylor.
(e) Compliance Services Case No. 50609-016; owner of Res. 95-494
record -Mon Reve Holdings Inc.
(3) Recommendation to approve for recording the final Letter of Credit and
plat of "Silver Lakes Phase Two-B" Construction and
Maintenance Agreement
(4} Water facilities acceptance for Naples Tomato Letter of Credit
Growers.
(5) Water facilities acceptance for Stonebridge Cash Bond
Maintenance Facility.
{6) Water and sewer facilities acceptance for the
Orchards, Phase Two.
(7) Water and sewer facilities acceptance for Pelican
Marsh, Unit 6, Phase 2.
(8) Water and sewer facilities acceptance for Pelican
Marsh, Unit 9.
(9) The Board of County Commissioners authorize waiver of Res. 95-495 thru Res.
road impact fees, library system impact fees, parks and 95-514
recreational facility impact fees, emergency medical
services system impact fees, and educational facility
system impact fees for twenty (20) single family houses
to be built by Immokalee Habitat for Humanity, Inc. in
The Highlands Habitat Subdivision in Immokalee and to
fund said waivers from Affordable Housing Trust Fund,
Fund 191.
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(10) Recommendation to grant final acceptance of the Res. 95-515
roadway, drainage, water and sewer improvements for the
final plat of "The Verandas at Tiger Island Unit One"
(11) Recommendation to grant final acceptance of the Res. 95-516
roadway, drainage, water and sewer improvements for the
final plat of "Lely Barefoot Beach Unit Four".
B. PUBLIC WORKS
(1) Petition AV95-015, Blair Foley as agent for owner, Quitclaim Deed and
Vineyards Development Corporation, requesting vacation of replacement Easement
a utility easement located on Tract CH, of the Plat of
Vineyards Unit One, as recorded in Plat Book 14, Pages
67-74, and as recorded in Official Record Book 1318, Page
2070, of the Public Records of Collier County, Florida
(2) Recommendation for approval of Amendment No. 1 to the
Professional Services Agreement with Coastal Engineering
Consultants, Inc., to provide professional engineering
and surveying services necessary in performance of annual
monitoring requirements for the Marco Island Beach
Renourishment project
(3) Recommendation for approval of Work Order #CEC-8-S
with Coastal Engineering Consultants, Inc., in the amount
of $24,680.00 to perform professional land surveying
services for the Wiggins Pass Maintenance Dredging
Project
(4) Recommendation to initiate work orders under the
annual surveying services contract to document peak
stormwater elevations in various parts of the County
caused by Tropical Storm "Jerry"
(5) Award contract to construct disinfection facility To Mitchell & Starke
upgrade for South County Regional Wastewater Treatment Construction in the amount
Facility, Bid 95-2395. of $174,022
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
approve the transfer of funds from one cost center within
the Library budget to another cost center within the
Library budget.
(2) Recommendation that the Board of County Commissioners In the amount of $5,500
approve a request for the increase of the dollar amount
for Contract #94-2199 for the Parks and Recreation
Leisure Line publication.
(3) Recommendation that the Collier County Board of Warranty Deed
Commissioners accepts the conveyance of a land interest
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from the East Naples Civic Association for use as a
neighborhood park.
D. SUPPORT SERVICES
(1) To obtain Board authorization for the Chairperson to
execute an agreement between the Board of County
Commissioners and FoCuS.
Moved to 8D1
(2) To seek Board approval of a resolution adopting terms Moved to 8D1
for the members of the Council of Economic Advisors.
(3) Report to the Board of County Commissioners
concerning the sale and transfer of items associated with
the County auction of July 29, 1995.
(4) Recommendation that the Board of County Commissioners
approve an amendment to the lease with option to purchase
agreement between Lease Resource, Inc. and Collier County
Government and authorize the Chairman to execute the
amendment.
(5) Recommendation that the Board of County Commissioners Contribution in the amount
become a sponsor of the Naples Free-Net. of $1,200
(6) Recommendation to execute a work order for the first
phase of a work order for architectural services for the
expansion of the Tax Collector's Office.
E. COUNTY MANAGER
(1) Approval of Budget Amendments BA 95-490 thru 95-492;
95-497; 95-498; 95-502
thru 95-504; 95-512 and
95-513
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1) Miscellaneous Items to File For Record With
Action As Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
17. ADJOURN
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