Recap 09/03/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 3, 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 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 lx00
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
July 23, 1996 Regular meeting.
August 6, 1996 - Regular meeting.
August 7, 1996 Special meeting.
August 13, 1996 - Regular meeting.
August 14, 1996 - Special meeting.
5. PROCLA36ATIONS AND SERVICE AWARDS
A. Proclamations
(1) "Childhood Cancer Awareness Month". To be accepted Adopted 5/0
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by Mike Constantine.
B. Service Awards Presented
James A. Gammell - 10 years - South County Wastewater
Treatment Plant
Patrick G. Merritt - 15 years - Parks and Recreation
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
(A) Paul Listenberger requesting a waiver of fees for Kiwanis Request denied (Consensus}
Club of Golden Gate.
8. COUNTY MANAGER'S REPORT
A. COMPPu'~ITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Discussion of fees generated from Building and Staff recommendation
Development Permit Applications in the Community accepted; IT Department
Development and Environmental Services Division. to provide cost of
license for time keeper
system. 4/1 (Commsr.
Matthews opposed).
B. PUBLIC WORKS
(1) This item has been deleted.
(2) Recommendation to establish a 45 mph speed limit on Res. 96-398 adopted 5/0
C.R. 31 (Airport-Pulling Road) from C.R. 846 (Immokalee
Road) to 1,000 feet south of the entrance to Pelican
Marsh Elementary School
(3) Recommendation that the Board consider options to the Staff directed to pursue
parking prohibition on C.R. 29 to include rescinding the parking alternatives and
existing resolution, creating safe parking and/or report back in 90 days -
establishing a speed zone (continued from 8/13/96 Approved 4/1 (Comm. Norris
meeting) opposed)
Added
(4) Terminate, for convenience, Contract No. 26-2517 for Approve Staff
Phase II utilities improvements, Riviera Colony recommendation 5/0
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Subdivision, negotiate a contract with another contractor
and approve the necessary budget amendment. (Staff's
request)
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
Added
(1) Request for Board to approve a settlement agreement Approve Staff
between the County, the Collier County Water and recommendation 5/0
Wastewater Authority and Southern States Utilities
regarding the payment of regulatory fees and general
compliance with Ordinance No. 96-6. (Staff's request)
9. COD1TTY ATTORNEY'S REPORT
(A) Recommendation that the Board consider a proposed Approved 5/0
settlement agreement regarding the Code Enforcement Board
matter and Federal litigation involving Collier County,
Pacific Land Co./Vine Ripe Farms, Inc., and the
Independent Traditional Seminole Nation.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Immokalee Enterprise Zone Res. 96-399 appointing
Development Agency. Fred Thomas, Jr.; Tim
Nevarez; Carol Losa
DeLara; and Gary Harrison
- Adopted 5/0
Addeds
(B} Direction re TDC Category "C" funds. TDC directed to check list
of Mandatory and
Discretionary areas for
TDC funding; to correct
makeup for state statute
for attrition; application
timing; and accountability
report after the event -
5/0
11. OTHER CONSTITUTIONAL OFFICERS
Added
(A) "COPS MORE" '96 Grant application. (Sheriff's Office Approved - 5/0
Request)
PUBLIC COUNT ON GENERAL TOPICS
(1) A1 Perkins regarding public input and the right of people Discussed
to vote
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD 90-19(1), Blair A. Foley of Coastal Ord. 96-49 - Adopted 5/0
Engineering Consultants, Inc., representing Cleveland
Medical Clinic Foundation, requesting an amendment to the
Astron Plaza PUD for the purpose of increasing the height
of building from 35 feet to 42 feet. (Continued from the
meeting of 8/13/96)
C. OTHER
(1) Recommendation to Adopt a Resolution approving Res. BAR 96-2 Adopted
amendments to the Fiscal Year 1995/96 Adopted Budget (2nd 5/0
Quarter).
(2) Recommendation to Adopt a Resolution approving Res. BAR 96-3 Adopted
amendments to the Fiscal Year 1995/96 Adopted Budget (3d 5/0
Quarter).
(3) Recommendation that the Board of County Commissioners Ord. 96-50 - Adopted 5/0
adopt an ordinance amending Collier County Ordinance No.
87-78 which confirmed the creation of the Golden Gate
Parkway Beautification Advisory Committee by amending
Sections One and Two by changing the name of the
municipal service taxing unit to Golden Gate
Beautification Municipal Service Taxing Unit, and by
changing the name of the advisory committee to the Golden
Gate Beautification Advisory Committee; providing for
conflict and severability; providing for the inclusion in
the Code of Laws and Ordinances and providing an
effective date. Amend verbiage in existing consulting
and maintenance services contract if required.
(4) Recommendation that the Board of County Commissioners Ord. 96-51 with change -
adopt an ordinance amending Collier County Ordinance No. Adopted 5/0
83-55 which created the Golden Gate Parkway
Beautification Municipal Service Taxing Unit, by amending
Section Two to change the name of the municipal service
taxing unit to the Golden Gate Beautification Municipal
Service Taxing Unit and to expand the boundaries of the
unit to include portions of Green Boulevard, C.R. 951 and
Santa Barbara Boulevard; amending Section Three to
provide general landscape improvements within the road
rights-of-way and accent lighting; amending Section Six
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as it pertains to the purpose for the levy of tax
millage; providing for conflicts and severability;
providing an effective date. Amend verbiage in existing
consulting and maintenance services contract if required.
(5) Recommendation to adopt a Backflow Cross-Connection Continued to 9/17/96
Control Ordinance for the Collier County Water-Sewer and
Goodland Water District (Continued from 8/13/96 meeting;
continued to 9/17/96 meeting)
(6) A Resolution approving the plans, specifications, Res. 96-402 Adopted 4/1
estimated costs and tentative assessment roll for the (Commissioner Constantine
Naples Park Area Drainage Improvements Municipal Service opposed }
Benefit Unit and confirming the initial resolution,
Resolution No. 96-312, ordering the construction of the
assessable improvements
(7) An Ordinance amending Ordinance No. 93-82, as Continued to 9/10/96
amended, the Collier County Adequate Public Facilities
Ordinance by providing for: Section One, amendments to
definitions section to delete definition of Growth
Management Chief and to add definition of Community
Development and Environmental Service Division
Administration; Section Two, amendments to rules of
construction section; Section Three, amendments to
management and monitoring program section; Section Four,
amendments to regulatory program section all of which
replace the titles of certain County officials with their
new titles respectively; Section Five, conflict and
severability; Section Six, inclusion in the Code of Laws
and Ordinances and Section Seven, effective date.
(Continued to September 10, 1996.)
13. BOARD OF ZONING APPEALS
A. ADVERTISED P~'BLIC HEARINGS
(1) Petition V-96-11, Troy Jansen representing John Denied - 4/1 (Commissioner
Jansen requesting an 8.12 foot after-the-fact variance Mac'Kie opposed)
from the required 15 feet side yard setback to 6.88 feet
and a 3.75 foot variance from the required rear yard
setback of 5 feet to 1.25 feet for a walk-in cooler
installed at the rear of the restaurant. (Continued from
the meeting of 8/13/96)
(2) Petition No. V-96-12, G. Michael Schmaeling Res. 96-403 - Adopted 5/0
representing Bobby and Kami Jones requesting an
after-the-fact variance of 2.3 feet from the required
side yard setback of 7.5 feet to 5.2 feet for an existing
single family residence located at 4741 Pine Ridge Road
Extension in Golden Gate Estates. (Continued from the
meeting of 8/13/96)
(3) Petition CU-96-8, Alan D. Reynold, AICP, of Wilson, Res. 96-404 - Adopted 5/0
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Miller, Barton & Peek, Inc., representing The Collier
County Office of Capital Projects Management, requesting
a conditional use per Subsection 2.6.9.2. (Essential
Services) of the "A" Zoning District for a maintenance
facility for property located directly north of and
abutting the 30C+/-acre Collier County Landfill, in
Section 25, Township 49 South, Range 26 East, consisting
of 61.15+/- acres. (Continued from the meeting of
8/13/96)
(4) Petition CU-96-10, Bruce E. Tyson, ASLA, of Wilson, Res. 96-405 Adopted 5/0
Miller, Barton & Peek, Inc., representing Stuart Macus as
Trustee, or assignee, requesting conditional use "16" of
the "A" Rural Agricultural District for a group care
facility, for property located at 6901 Airport-Pulling
Road North (C.R. 31) in Section 2, Township 49 South,
Range 25 East containing 18 acres more or less.
(Continued from the meeting of 8/13/96)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Update re Lake Traford Restoration Committee Discussed
B. L. G. Tournament budget plan of action Discussed
15. STAFF'S COMMUNICATIONS
A. Update re Ford Motor Car Co. track site Discussed
B. FDOT Certification pilot program Endorsed by BCC
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) Lien Resolution - Code Enforcement Case No. Res. 96-379
60503-038, Record Owner - Sloane R. Barbour Jr. and
Cheryl Barbour.
(2) Lien Resolution - Code Enforcement Case No. Res. 96-380
60502-017, Record Owner - Thomas Sanzalone et ux.
(3)Lien Resolution Code Enforcement Case No. Res. 96-381
60418-044, Record Owner - Maurice Tremblay.
(4) Lien Resolution - Code Enforcement Case No. Res. 96-382
60318-110, Record Owner Imperial Five Inc.
(5) Lien Resolution - Code Enforcement Case No. Res. 96-383
60122-023, Record Owner Catherine A. Stimman.
(6) Recommendation to accept the security for Excavation with Letter of credit
Permit No. 59.557 "Wilshire Pines" located in Section
31, Township 48 South, Range 26 East.
(7) Recommendation to approve a Budget Amendment to
offset expenses incurred for contracted lot clearing
in Code Enforcement.
(8) Lien Resolution Code Enforcement Case No. Res. 96-384
60503-051, Record Owner - Raymond A. Miller.
(9) Recommendation to approve for recording the final with stips. performance
plat of "Huntington Lakes Unit Two". bond and construction and
maintenance agreement
(10) Recommendation to approve for recording the final
plat of "Edgewater Acres".
(11) Lien Resolution Code Enforcement Case No. Res. 96-385
60401-011, Record Owner - Catherine L. Harrison.
(12) Lien Resolution Code Enforcement Case
60401-005, Record Owner - Steven Miller & Helene Res. 96-386
Nails.
(13) Lien Resolution Code Enforcement Case No. Continued
60325~056, Record Owner - Lloyd G. Sheehan, Tr.
{14) Lien Resolution - Code Enforcement Case No. Res. 96-387
60322-076, Record Owner - Rose L. Casteel.
(15) Lien Resolution - Code Enforcement Case No. Res. 96-388
60202-021, Record Owner ~ Bruce T. Whitmer & Elsye K.
Whitmer.
(16) Lien Resolution - Code Enforcement Case No. Res. 96-389
60118-099, Record Owner - Young Electric Co. Inc.
(17) Water and sewer facilities acceptance for Pelican with stipulations
Marsh, Unit Eleven, Phase 1.
(18) Recommendation that the Board of Collier County
Commissioners approve the attached Satisfaction of
Lien for Public Nuisance Resolution 96-288.
(19) Recommendation that the Board of Collier County
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Commissioners approve the attached Satisfaction of
Lien for Public Nuisance Resolution 96-287.
(20) Recommendation that the Board of Collier County
Commissioners approve the attached Satisfaction of
Lien for Public Nuisance Resolution 96-249.
(21) Recommendation that the Board of Collier County
Commissioners approve the attached Satisfaction of
Lien for Public Nuisance Resolution 96-161A.
(22) Lien Resolution - Code Enforcement Case No. Res. 96-390
60410-008, Record Owner - Felix Lerch Family Trust.
(23) Lien Resolution - Code Enforcement Case No. Res. 96-391
60502-128, Record Owner - Bert Nile Deems & Janet Sue
Deems.
(24) Lien Resolution - Code Enforcement Case No. Res. 96-392
60506-014, Record Owner - Noel M. Willjams.
(25) Lien Resolution - Code Enforcement Case No. Res. 96-393
60510-019, record Owner - Bernd David.
(26) Lien Resolution - Code Enforcement Case No. Res. 96-394
60510-020, Record Owner - Bernd David & Karin David.
(27) Lien Resolution - Code Enforcement Case No. Res. 96-395
60510-021, Record Owner Bernd David & Karin David.
(28) This item has been deleted.
(29) This item has been deleted.
(30) Recommendation to approve for recording the final with stipulations, letter
plat of "Camelot Park". of credit and construction
and maintenance agreement
B. PUBLIC WORKS
(1) Approve the Stipulated Order for Right-of-Way
acquisition Case Number 95-5071-CA-01-TB (Parcel Nos. 114
and 714) for Vanderbilt Beach Road four laning
improvements (CIE Project No. 023).
(2) Recommendation to award a contract having Bid In the amount of
#96-2536 "Immokalee Road Ground Maintenance Services" to $83,562.94
Commercial Land Maintenance, Inc.
(3) This item has been deleted.
(4) Recommendation to adopt a resolution authorizing the Res. 96-396
acquisition of road right-of-way, sidewalk, utility,
drainage, maintenance and temporary construction
easements and/or fee simple title for Golden Gate
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Boulevard Project, CIE No. 62.
(5) Recommend that the Board authorize expenditures for In an amount not to exceed
outside legal counsel for land acquisition matters. $50,000
(6) Petition AV 96-016, July C. Adarmes, Hole, Montes and
Associates, Inc. as agent for owner, Saxon Manor Isles
Apartments Limited Partnership, requesting vacation of a
utility easement recorded in O.R. Book 1467, Pages
1551-1553, inclusive, of the Public Records of Collier
County, Florida, and located in Section 6, Township 50
South, Range 26 East, Collier County, Florida.
(7) Recommendation to award Bid ~96-2557 for the hauling To J.J. Baker, Inc. in the
and disposal of lime sludge from the Regional Water estimated amount of
Treatment Plant Facility. $120,000
(8) Recommendation that the Board of County Commissioners
approve a site as surplus property, direct staff to offer
property for ale pursuant to Florida Statute, and approve
sale to highest bidder, if acceptable.
(9) Recommendation to approve and execute the Notices of
Claim of Lien for the enforcement of the Notice to Pay
Sewer Impact Fee Statement for the Timberwood
Subdivision.
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
authorize the attached budget amendment transferring
funds from 345 Regional Impact Fee Reserves to the
Aquatic Complex at Golden Gate Community Park to purchase
and install a 3 meter diving board.
(2) Recommendation that the Board of County Commissioners
approve a lease agreement between Collier County and
North Naples Little League, Inc., Girls' Softball
Committee for use of a portion of Veterans Park.
(3) Recommendation to enter into negotiations with
Collier Sports Officials Association for the purpose of
providing sports officials for County-sponsored
activities.
(4) Recommendation that the Board of County Commissioners Continued to 9/10/96
approve a limited use license agreement between the Board
of County Commissioners and the Naples International
Fireworks Management Group, Inc. (Continued to the
9/10/96 meeting).
D. SUPPORT SERVICES
(1) Recommendation to award annual gasoline and diesel to Various renders
fuel bid #96-2548.
(2) Recommendation to approve the necessary Budget
Amendments to appropriate those revenues received in
excess of the current budget, offsetting expenses.
(3) Recommendation to approve necessary Budget Amendment
for the purchase of hardware and software upgrades
and maintenance for telephone switches.
(4) Recommendation to approve a Resolution authorizing Res. 96-397
expenditure of funds for a luncheon to recognize recap
(reduce costs of administrative personnel) employees.
COUNTY MANAGER
(1) Request the Board of County Commissioners formally
accept the consent/emergency items approved by the County
Manager during the Board's absence during the period
August 14th through August 30, 1996.
(A) Water acceptance for Pelican marsh Elementary with stipulations
School on-site.
(B) Water facilities acceptance for Arielle at with stipulations
Pelican Marsh, Phase I.
(C) Recommendation to approve a budget amendment for
the replacement of two (2) central library's entrance
doors, reinsulate the chiller pipes on the second
floor of the Administration building, provide a
portable dehumidifier for Building "A", provide
emergency power to the second floor of the
Administration Building, and construct a sidewalk on
the south side of the Elections Building to provide
safe access to the Administration Building.
(D) Recommendation that the Board of County in the amount of $5,600
Con~nissioners approve Bid #96-2564 for 100,000
recycling information cards to Naples Printing.
(E) Rejection of Bid 96-2562 for wellfield current contract with
maintenance and rehabilitation services and extension Amps, Inc. extended for 60
of the current bid for sixty days. days
(F) TO obtain BCC approval of budget amendment to
increase purchase orders for solid waste collection
in Franchise Service Areas One and Two, to complete
the 1996 Fiscal Year.
(G) Approve two change orders to Barany, Schmitt,
Weaver & Partners, Inc., for the Golden Gate
Estates/Corkscrew EMS #12 Substation.
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(H) Approval of budget amendments. BA's 96-551 and 96-567
(I) Approval of budget amendments. BA's 96-548 and 96-553
(j) Approval of budget amendments. BA 96-539
(K) Approve two work orders for constructibility and
errors and omissions claim reviews related to the
North County Regional Water Treatment Plant.
(L) Recommendation to transfer funds to fund Rose
Orlando's sick leave.
(M) Recommendation to award Bid #96-2573 for the to Gulf Specialities for
purchase of re-entry identification badges and $17,155 and to Labels and
decals. Motr got $4,614.96
(2) Approval of Budget Amendments. BA 96-564
F.BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1) Certificate for Correction: NEED MOTION authorizing
the Chairman to sign Certificates of 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. 95-1285-MMA, 93-2083-MI
95-1929-MMA, 95-3240-MMA, 95-1289-MMA, 94-6463-MMA
95-1865-MMA, 95-1965-MMA, 94-10113-MMA, 96-2846-MMA
95-7205-MMA, 95-9950-MMA, 95-2523-MMA, 95-1342-MMA
95-6048-MMA, 95-4428-MMA, 94-9549-MMA, 94-11210-MMA
94-8645-MMA, 96-2366-MMA, 95-1704-CFA, 96-2559-MMA
96-529-CFA, 95-1447-CFA, 95-2189-CFA, 95-5296-MMA
93-1120-CFA, 93-1399-CFB, 95-6836-MMA, 95-5678-MMA
92-674-MMA, 95-1304-CFA, 96-633-CFA, 96-328-MMA
96-606-CFA, 96-651-CFA, 94-5041-MMA, 95-9130-MMA
95-5347-MMA, 95-3980-MMA, 94-1068-CFA, 93-893-CFC
92-2375-MMA, 95-1883-MMA, 95-261-CFA, 95-3222-MMA
93-1596-CFA, 95-2737-MMA, 95-1944-CFA, 95-2826-MMA
93-217-CFA, 95-653-CFA, 96-277-MMA, 95-6784-MMA
95-1275-MMA, 85-8289-MMA, 96-39-CFA, 95-3949-MMA
95-300-CFA, 95-373-CFA, 86-589-CFA, 88-2018-MM
96-788-CFA, 95-3260-MMA, 96-930-CFA, 95-379-CFA
90-375-CFA. RECOMMEND APPROVAL.
(3) Satisfaction of Civil Judqment Lien: NEED MOTION
authorizing the Chairman to sign Satisfaction of Civil
Judgment Lien for Case No. 91-48-CFA. RECOMMEND
APPROVAL.
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(4) Cancellation of Lien: NEED MOTION authorizing the
Chairman to sign Cancellation of Lien for services of the
Public Defender for Case Numbers 94-1699-CFB,
94-10960-MMA. RECOMMEND APPROVAL.
(5) Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
(1) Recommend that the Board of County Commissioners
serve as the local coordinating unit of government in the
United States Department of Justice, Office of Justice
programs, grants to Encourage Arrest Policies Program and
endorse the Sheriff's Office grant application.
(2) Recommend that the Board of County Commissioners
serve as the local coordinating unit of government and
endorse the Collier County Sheriff's Office grant
application for the State of Florida, Department of
Transportation Subgrant Application for highway safety
funds.
I. COUNTY ATTORNEY
17. ADJOURN
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