Recap 06/25/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 25, 1996
9z00 a.m.
NOTICEz 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 12~00 NOON TO 1~00 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
with changes 5/0
4. APPROVAL OF MINUTES Approved as presented 5/0
May 30, 1996 Workshop meeting.
June 4, 1996 Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
1. Commending the efforts of the Collier County Planning Adopted ~ 5/0
Commission Citizens Advisory Committee for providing
public participation and assistance in the
preparation of the Collier County Evaluation and
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Appraisal Report. To be accepted by A. Glenn
Simpson, Chairman of The Citizens Advisory Committee,
and Kim Patrick Kobza, Vice-Chairman of the Citizens
Advisory Committee.
B. Service Awards Presented
Tamara L. Buchan Purchasing 15 years
Esther J. Spink Library 10 years
Elizabeth F. Nagengast Library 5 years
C. Presentations
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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) This item has been deleted. Deleted
(2) Proposed Interlocal Agreement with the Collier County Approved with change 4/1
School Board to coordinate planning and development (Comm. Matthews opposed)
review of public educational and non-educational
facilities.
(3) Recommendation that the Board of County Commissioners No Action
consider an absorption of permit and other associated
fees from the General Fund as necessitated by a returned
check written by Gulf Coast Development Corporation for
Permit #96-765.
B. PUBLIC WORKS
(1) Resolution calling a straw vote on the November 5, Res. 96-296 - Adopted 5/0
1996, General Election Ballot to determine if the
qualified electors residing within the proposed Lely Area
Stormwater Improvements Project approve the creation of a
Municipal Service Taxing and Benefit Unit which provides
for the levy of Ad Valorem Taxes and Special Assessments
to fund the Stormwater Improvements
(2) Award a work order under Annual Construction Services Approved 5/0
Agreement 95-2334 and approve a purchase order for
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construction of Gulf Coast Community Park improvements
C. PUBLIC SERVICES
(1) This item has been deleted. Deleted
(2) Recommendation that the Board of County Commissioners Continued indefinitely
approve staff's selection and award an agreement for
professional architectural services for design of the
Marco Island Library expansion RFP 96-2496.
(3) Recommendation that the Board of County Commissioners Approved 5/0
authorize a work order with Wilson-Miller-Barton and Peek
for engineering, design work, a revised agreement with
Surety Construction, Inc., and an agreement between
Collier County and the Naples Roller Hockey League for
the acceptance of donated construction of a two roller
hockey complex at Veterans Community Park.
Added
(4) Recommend that the Board of County Commissioners Approved 5/0
authorize the County Manager to execute the 1996-97
Community Care for the Elderly Grant Contract in the
Board's Absence.
D. SUPPORT SERVICES
(1) Recommendation that the Board of County Commissioners Res. 96-303 Adopted 5/0
approve an Ordinance known as the "Billing and Collection
Procedure for Collier County Ambulance Services
Ordinance", for Collier County Ambulance Services and a
Resolution to approve user fees for said services.
(Companion to Item 12C5).
(2) Recommendation that the Board of County Commissioners Res. 96-297 - Adopted
approve a resolution setting the date, time and place for w/change 5/0
a public hearing to approve a special assessment (non ad
valorem assessment) to be levied against the properties
within the Solid Waste District No. 2 Municipal Service
Benefit Unit for solid waste collection and disposal
services and approve the first class notice to be sent to
all assessable units.
(3) Recommendation that the Board of County Commissioners Res. 96-298 - Adopted
approve a resolution setting the date, time and place for w/change 5/0
a public hearing to approve a special assessment (non-ad
valorem assessment) to be levied against the properties
within the Solid Waste District No. 1 Municipal Service
Benefit Unit for solid waste collection and disposal
services and approve the first class notice to be sent to
all assessable units.
E. COUNTY MANAGER
(1) Recommendation that the Board of County Commissioners Res. 96-299 - Adopted 5/0
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adopt a Resolution fixing the date, time and place for
the Public Hearing for approving the Special Assessment
(Non-ad Valorem Assessment) to be levied against the
properties within the Pelican Bay Municipal Service
Taxing and Benefit Unit for maintenance of the water
management system, beautification of recreational
facilities and median areas, and maintenance of
conservation or preserve areas, and establishment of
Capital Reserve Funds for the maintenance of conservation
or preserve areas, U.S. 41 berms, street signage
replacements within the median areas and landscaping
improvements to U.S. 41 entrances, all within the Pelican
Bay Municipal Services Taxing and Benefit Unit
(2) Recommendation to establish public hearing dates for 9/4/96 & 9/18/96
adoption of the Fiscal Year 1996-97 Collier County Approved 5/0
Budget.
(3) Report on revenues for the Second Quarter of Fiscal
Year 1996.
9. COUNTY ATTORNEY'S REPORT
(A) An Emergency Ordinance relating to one-half of one Emergency Declared. Ord.
percent Local Government Infrastructure Discretionary 96-31 w/change - Adopted
Sales Surtax for a period of five years or less to fund 5/0. Res. 96-300 w/change
the capital improvements to construct an expansion to the - Adopted 5/0
Collier County Jail and the construction of a work
release and restitution center, and the adoption of a
Resolution to call a referendum election on the one-half
of one percent additional sales tax pursuant to Section
212.055(2), Florida Statutes, for November 5, 1996.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Forest Lakes Roadway and Res. 96-301 - Adopted 5/0
Drainage Advisory Committee.
11. OTHER CONSTITUTIONAL OFFICERS
Added
(1) Recommend that the BCC serve as local coordinating Approved 5/0
unit of government and execute the application for U.S.
Dept./Justice Local Law Enforcement Block Grant Program
(sheriff's Request)
PUBLIC COMMENT ON GENERAL TOPICS
(1) Reverend Allen regarding Health Care
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLA/qAMENDMENTS
(1) The Community Development and Environmental Services Continued to 7/23/96.
Division as directed by the Board of County Commissioners Staff to bring back
has prepared an amendment to the Future Land Use Element resolution on 7/16/96 -
of the Comprehensive Plan pertaining to the Area of 5/0
Critical State Concern (ACSC) to reinstate the
agricultural exemption and to modify the site alteration
requirements for Southern Golden Gate Estates.
B. ZONING AMENDPrENTS
(1) Petition PUD-89-3(2} Quail West Phase I and III, Ord. 96-32 - Adopted 5/0
William R. Vines, representing Quail West LTD., for an
amendment to the Quail West PUD.
(2) Petition PUD-96-1, an Ordinance amending Ordinance Ord. 96-33 - Adopted 5/0
91-102, the Collier County Land Development Code, which
includes the Comprehensive Zoning Regulations for the
Unincorporated Area of Collier County, Florida, by
amending the Official Zoning Atlas Map Number 8526N, by
changing the zoning classification of the herein
described real property from "A" to "PUD" Planned Unit
Development known as Veterans Park Medical PUD located on
the southwest corner of Immokalee Road (C.R. 846) and
Veterans Park Drive in Sec. 26, T48S, R25E, consisting of
3.2 acres, more or less, providing for the repeal of
Ordinance 96-22, the previous Veterans Park Medical PUD,
and by providing an effective date.
(3) Petition R-96-3, Deborah A. Stewart of Parks, Bennett Denied 5/0
and Stewart representing the Estate of Mary Josephine
Miller requesting a rezoning action from RMF-6 to C-3 for
property described as Lots 6, 7, 8, 9, 16 and 17, Block
E, Shadowlawn at Naples, Plat Book 1, Page 37, Public
Records of Collier County, Florida, less North 11 feet of
Lot 17. (Continued from the meeting of 6/11/96)
(4) Petition PUD-92o2(1) Blair Foley of Coastal Continued to 7/23/96
Engineering Consultants, Inc., representing James H.
Gorman requesting an amendment to the Victoria Landing
Condominium PUD to be known as Whittenberg PUD,
requesting a rezone from PUD to PUD, Planned Unit
Development, for a maximum of 122 villa units for
property located on the north side of Davis Blvd. in Sec.
6, TS0S, R26E, consisting of 41.08 acres. (Continued to
the meeting of 7/23/96)
(5) Petition PUD-96-3, David S. Wilkison of Wilkison & Continued to 7/16/96
Associates, Inc., and Bill Hoover of Hoover Planning
Shoppe, representing Salvatore F. Angileri, requesting a
rezone from "E" Estates to "POD" to be known as Angileri
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PUD for commercial uses for property located on the north
side of Pine Ridge Road west of 1-75 within the
Interchange Activity Center further described as Tract
61, Golden Gate Estates, Unit 35, Sec. 7, T49S, R26E,
consisting of 4.77 acres more or less. (Continued to
the meeting of 7/16/96)
(6) Petition R-96-4, Dwight Nadeau of McAnly, Asher and Continued to 7/16/96
Associates, P.A., representing Wallace R. Devlin,
requesting a fezone from "E" Estates to "RMF-6" to be
known as The Preserve for 232 multi-family residential
units located in the southwest quadrant of the
intersection of County Barn Road and Davis Blvd. (S.R.
84) in Sec. 8, TSOS, R26E, consisting of 57.9 acres.
(Continued from the meeting of 6/11/96) (Continued to the
meeting of 7/16/96)
C. OTHER
(1} AN ORDINANCE OF COLLIER COUNTY, FLORIDA, RELATING TO Ord. 96-34 and Res. 96-302
A ONE-HALF OF ONE PERCENT LOCAL GOVERNMENT INFRASTRUCTURE Adopted 5/0
DISCRETIONARY SALES SURTAX TO FUND THE ACQUISITION OF
LAND AS GREEN SPACE; PROVIDING FINDINGS; PROVIDING FOR
DEFINITIONS; PROVIDING FOR THE LEVY OF A ONE-HALF OF ONE
PERCENT LOCAL GOVERNMENT DISCRETIONARY SALES SURTAX FOR A
PERIOD OF FIVE (5) YEARS, SUBJECT TO REFERENDUM APPROVAL,
PURSUANT TO THE PROVISIONS OF SECTION 212.055(2), FLORIDA
STATUTES, WHICH AUTHORIZES A LOCAL GOVERNMENT
INFP~ASTRUCTURE DISCRETIONARY SALES SURTAX; PROVIDING FOR
DISTRIBUTION OF THE ONE-HALF OF ONE PERCENT LOCAL
GOVERNMENT INFRASTRUCTURE DISCRETIONARY SALES SURTAX;
PROVIDING A GENERAL DESCRIPTION OF INFRASTRUCTURE TO BE
FEED; PROVIDING FOR THE SUNSET (TERMINATION) OF THIS
ORDINANCE AFTER THE FIVE (5) YEAR PERIOD; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 1996;
PROVIDING FOR CONSTRUCTION AND INTENT; PROVIDING FOR
NOTIFICATIONS TO BE MADE BY THE CLERK; PROVIDING FOR THE
PERIOD OF TAX COLLECTION; PROVIDING FOR THE CREATION OF
THE LAND ACQUISITION ADVISORY BOARD; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE; AND A RESOLUTION ORDERING AND CALLING A REFERENDUM
ELECTION FOR NOVEMBER 5, 1996.
(2) AN ORDINANCE CREATING THE COLLIER COUNTY URBAN GREEN Withdrawn by Petitioner
SPACE MUNICIPAL SERVICE TAXING UNIT WITHIN THE
UNINCORPORATED AREA OF COLLIER COUNTY; PROVIDING
FINDINGS; PROVIDING DEFINITIONS; PROVIDING FOR THE
GOVERNING BODY; PROVIDING FOR PURPOSE AND POWERS;
PROVIDING FOR ANNUAL ESTIMATES OF EXPENSES AND TAXATION
RATE; PROVIDING FOR THE LEVY OF MILLAGE NOT TO EXCEED 1.0
MILL PER YEA/~ FOR UP TO 5 YEARS, SUBJECT TO APPROVAL OF A
REFERENDUM ELECTION ON NOVEMBER 5, 1996; PROVIDING FOR
TAX ASSESSMENT AND COLLECTION; PROVIDING FOR REFERENDUM
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ELECTION; PROVIDING FOR THE CREATION OF THE LAND
ACQUISITION ADVISORY BOARD; PROVIDING FOR CONFLICT AND
SEVER3~BILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE; AND A
RESOLUTION CALLING AND ORDERING A REFERENDUM ELECTION FOR
NOVEMBER 5, 1996.
(3) This item has been deleted. Deleted
(4) An Ordinance amending Ordinance 91-102, The Collier Ord. 96-35 - Adopted 5/0
County Land Development Code, as specifically amended by
Ordinance 96-21, and more specifically to correct
scrivener's errors in Division 2.2, Zoning Districts,
Permitted Uses, Conditional Uses, Dimensional Standards;
Section Two, correcting scrivener's errors in Division
2.3, Off-street Parking and Loading; Section Three,
correcting scrivener's errors in Division 2.5 Signs;
Section Four, correcting scrivener's errors in Division
2.6, Supplemental District; Section Five, correcting
scrivener's errors in Division 6.3, Definitions; Section
Six, Conflict and Severability; Section Seven, Inclusion
in the Collier County Land Development Code, and Section
Eight, Effective Date.
(5) Recommendation that the Board of County Commissioners Ord. 96-36 - Adopted 5/0
approve an Ordinance known as the "Billing and Collection
Procedure for Collier County Ambulance Services
Ordinance", for Collier County Ambulance services and a
resolution to approve user fees for said services.
(Companion to Item #SD1).
(6) Petition AV 96-012 Edward R. Griffith, P.E., as agent Res. 96-304 - Adopted 5/0
for owner, requesting vacation of portions of drainage,
access and maintenance easements located on portions of
the plats of Pelican Marsh Golf Course Phase Two, as
recorded in Plat Book 24, Pages 42 - 43 and the plant of
Pelican Marsh Golf Course Phase Three, as recorded in
Plat Book 25, Pages 14 - 16, all of the public records of
Collier County, Florida
(7) Community Development and Environmental Services Emergency Declared. Ord
Division requesting an Emergency Ordinance amending 96-37 - Adopted 5/0
Ordinance 91-102, the Collier County Land Development
Code, Subsection 2.2.24.10, Transfer of Development
Rights, pursuant to Subsection 125.66(3), Florida
Statues.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-96-5, Mr. Dartle G. Brown requesting the Denied 4/1 ( Commissioner
approval of a Conditional Use for an Adult Congregate Mac'Kie opposed)
Living Facility (ACLF) located at the corner of Tallwood
7
Street and Hardly Avenue on Marco Island. (Continued
from the meeting of 6/11/96)
(2) Petition V-96-9, Station Mobile Home Sales, Inc., Res. 96-305 - Adopted 5/0
representing Maria Silver requesting an 8.95 foot
after-the-fact variance from the required front setback
of 25 feet to 16.05 feet for property located on the
north side of Kathy Lane on Lot 11 in Sec. 12, T51S,
R26E.
(3) Petition SV-96-1, Hassan Shariat representing Ala Withdrawn by Petitioner
Falasiri, requesting an after-the-fact variance from the
Sign Ordinance to allow more than the one (1) permitted
wall sign for property at 4412 Tamiami Trail North
("Shiraz") further described as Lot 36, Block 7, Naples
Twin Lakes in Sec. 15, T49S, R25E.
(4) Petition SV-96-2, Paula M. Shirghio representing Withdrawn
Nicholas A. Shirghio requesting a 7.5 foot variance from
the required side setback of 15 feet to 7.5 feet for an
existing pole sign for property located at 3811
Airport-Pulling Road North (C.R. 31) in Sec. 23,
T49S, R25E. (WITHDRAWN)
(5) Petition V-96-10, Steven Magner representing Creative Continued to 7/16/96
Homes of SW FLA., Inc., requesting an 11.3 foot
after-the-fact variance from the required 30 foot front
yard setback to 18.7 feet for property located at 2693
53rd Street SW, further described as Lot 21, Block 182,
Golden Gate City, Unit 6, Part 1. (Continued to the
meeting of 7/16/96)
(6} Petition 0SP-96-1, David S. Wilkison of Wilkison & Continued to 7/16/96
Associates, Inc., representing Smuder-Faust Realty
requesting approval of off-site parking on a portion of
Lot 32, Block 248, Golden Gate City, Unit 7, in Sec. 28,
T49S, R26E. (Continued to the meeting of 7/16/96)
(7) Petition NUA-96-1, Pat Horgan requesting a Res. 96-306 Adopted 5/0
non-conforming use alteration in order to enable unit
owners to replace existing RV units as needed for
property located on the north side of Manatee Road and
south of Henderson Creek in Sec. 11, TS1S, R26S.
B. OTHER
14. BOARD OF COUN="Z COMMISSIONERS' COMMT/NICATIONS
15. STAFF'S COMMT/MICATIONS
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 DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve for recording the final Res. 96-294 & stips.
plat of "Sweetwater Bay II - Unit 1" and authorize the Construction & Maintenance
vacation of a portion of the Sweetwater Bay Plat, Agreement and cash bond
Petition AV-96-013. accepted
(2) Recommendation to approve for recording the final w/ Letter of Credit,
plat of "Arielle". Construction & Maintenance
Agreement and stips.
(3) Water and sewer facilities acceptance for Island w/stips.
Cove.
(4) Recommendation to approve the final plat of "Valencia w/ stips. & Construction
at Orangetree". and Maintenance Agreement
(5) Recommendation to grant final acceptance of the Res. 96-295
roadway, drainage, water and sewer improvements for the
final plat of "Cambridge at Pelican Bay".
(6) Water and sewer facilities acceptance for Sapphire w/stips.
Lakes, Unit 3~A.
B. PUBLIC WORKS
(1) Approval of the Interim Wastewater Service Agreement
between Southern States Utilities, Maureen Moran, Inc.,
and the Board of County Commissioners, Ex-Officio the
Governing Board of the Marco Water-Sewer District
(2) Approval to process time extensions for temporary
construction easements for the Bonita Beach Road Four
Laning Project
(3) Recommendation to accept the conveyance of a public
parking easement from the Royal Palm Country Club of
Naples for parking across from the Gulf Coast Little
League Fields
(4) This item has been deleted. Deleted
(5) Approval of budget amendments and accounting entries
to close the Collier County Water-Sewer District Pelican
Bay Sub-Fund
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C. PUBLIC SERVICES
(1) Recommendation that the Board direct staff to
negotiate with the staff of the Everglades National Park
for the joint participation and construction of a boat
ramp and supporting parking lot in the Everglades
City/Chokoloskee area.
D. SUPPORT SERVICES
(1) To obtain Board examination and approval of the
Sufficiency of Bonds of County Officers.
(2) Recommendation to approve a budget amendment for Fund In the amount of $695,100
518, Workers Compensation Insurance.
E. COUNTY MANAGER
(1) Corrective Deed of Easement from Collier County to
Mako International Holding, LTD., a British Virgin
Islands Corporation and acceptance by County of Grant of
Easement from Mako International Holdings, LTD. to
Collier County
(2) Recommendation that the Board of County Commissioners
amend the Budget in the amount of $119,000 for Fund 109
to provide for additional Operating Expenses and Personal
Services for the Pelican Bay Services Division
(3) Request formal approval from the Board of County
Commissioners to authorize the County Manager to approve
consent, routine and emergency items during the Board's
summer recess.
(4} Approval of Budget Amendments. B.A.'s 96-462 & 96-463
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
(1) Request that the Board of County Commissioners In the estimated amount of
10
approve a budget amendment for reconfiguration of office $75,000.00
space in the Office of the County Attorney.
17. ADJOURN
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