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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