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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