Recap 09/10/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 10, 1996
9~00 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 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 12z00 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 - 3/0
(Commissioner Constantine
and Matthews out)
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclaunations
"Industry Appreciation Week". To be accepted by Gary Adopted 4/0
Davis, Chairman of the Industry Appreciation Committee. (Commissioner Matthews
out)
B. Service Awards Presented
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Fabian Gutierrez 10 years Road and Bridge.
Patrick G. Merritt - 15 years - Parks and Recreation.
C. Presentations Presented
Employee Safe Drivers' Awards
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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Reconsideration of citizen request to construct an Approve Staff
osprey pole on County property located in Lely recommendation & encourage
0000Barefoot Beach. (Continued from 7/23/96 community to seek other
meeting). locations 5/0
(2) Request for Board direction for purposes of Staff directed to include
determining the validity of Petitioners/staff C-2 zoning and amend as
position that certain land in the Gadaleta PUD was scrivener's error 5/0
erroneously rezoned from C-2 to PUD residential.
(3) Community Development and Environmental Services Approve CCPC
Division requesting the Board of county Commissioners recommendation of Oct. 22,
to set a public hearing date for Petition DOA 96-2, 1996 5/0
an amendment to the Regency village of Naples,
Development of Regional Impact (DRI) and to determine
if the amendments constitute a substantial deviation
to the Regency Village of Naples Development of
Regional impact.
(4) Approval for designating areas for storage of boats Approved 5/0
on the beach at Pelican Bay (Clam Bay Conservation
Area).
(5) Legal Service Agreement between the Board of County Denied 4/1 (Comm. Hancock
Commissioners and David E. Bryant, for Counsel to opposed)
continue as the attorney of record on behalf of
Collier County on such cases and provide professional
legal services in such regard.
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B. PUBLIC WORKS
Moved from Item #16B2
(1) Approve Contract No. 96-2515 with Mitchell and Stark Approved 4/1 (Comm.
Construction Co., Inc. for construction of the Naples Constantine opposed)
Park Drainage Improvements. (Staff's Request)
Moved from Item #16B5
(2) Recommendation to accept a control survey and 1.) Res. 417 - Adopted 5/0
additional information confirming the hsitroy of approve Option 2 w/ 90
Miller Blvd. Extension between U.S. 41 and Miller day time limit
Blvd. in the Golden Gate Estates. (Staff's Request) 2.) Staff directed to
prepare 2 stage plan
application 5/0
C. PUBLIC SERVICES
(1) Recommendation that the Board of Collier County Approved w/stip. 5/0
Commissioners determine whether to renew a parking
agreement with St. Matthews House.
Moved from Item #16C1
(2) Recommendation that the Board of County Commissioners Approved w/changes 5/0
approve a limited use license agreement between the Board
of County Commissioners and the Naples International
Fireworks Management, Group, Inc. (Continued from the
8/13/96 meeting).
D. SUPPORT SERVICES
E. COUNTY MANAGER
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
11. OTHER CONSTITUTIONAL OFFICERS
Added
A. Church Arson Prevention Grant Program Application. Approved 5/0
(Sheriff's Request)
Added
B. Request budget amendment approval (Judge Baker) Approved 5/0
PUBLIC COMMENT ON GENERAL TOPICS
A. A1 Perkins re expanding Channel 54 Discussed
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition: R-96-8, Mr. Tom Donegan of the Office of Ord. 96-52 Adopted 5/0
Capital Projects requesting to rezone the subject
3.00 acre site (Tract "D") from "RSF-4/RP" to "P"
public use district for property is located on the
southwest corner of Whitehart Court and South
Heathwood Drive, in section 17, Township 52 south,
Range 26 East.
(2) Petition No. PUD-96-3, David S. Wilkison of Wilkison Continued to 9/24/96
& Associates, Inc. representing Sal Angileri, 5/0
requesting a rezoning of certain defined property as
here in described from "E" estates to "PUD" planned
unit development for property located in the
northwest quadrant of the Pine Ridge Road (CR-896)
and 1-75 Interchange Activity Center, located on
Tract 61, Golden Gate Estates Unit 35, Section 7,
township 49 South, Range 26 East, Collier County,
Florida, Consisting of 4.5+- Acres. (Continued from
the meeting of August 13, 1996.)
(3) Petition No. PUD-82-33 (3), Michael R. Fernandez, Continued to 10/8/96
AICP, of Planning Development, Inc., representing
Harig Manufacturing Corporation, requesting an
amendment to the Wiggins Bay PUD to allow residential
uses as an option to commercial uses in the
commercial tract, specifically allowing an additional
56 dwelling units in a structure or structures up to
15 stories in height for property located at
southeast corner of Vanderbilt Drive (C.R. 901) and
Wiggins Pass Road (C.R. 888) in Section 16, Township
48 South, Range 25 East, Collier County, Florida,
consisting of 148.26 acres. (Continued to October 8,
1996 meeting.)
C. OTHER
(1) An ordinance amending Ordinance No. 93-82, as Ord. 96-53 w/ stip.
amended, the Collier County Adequate Public Adopted 5/0
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 Administrator; 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 from September 3, 1996 meeting.}
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(2) Recommendation that the Collier County Board of Ord. 96-54 w/stips.
County Commissioners adopt an amendment to the Adopted 4/1 (Comm.
County's Tourist Development Tax Ordinance which Matthews opposed)
authorizes the expenditure of funds for the Collier
County Museum.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
Withdrawn
(1) Reconsideration of A-96-1, an appeal filed by Emily Withdraw~
Maggio, considering the Collier County Planning
Commission's approval of a boat dock extension, heard
and upheld by the Board of Zoning Appeals on July 23,
1996.
(2) Petition A-96-3, Patrick H. Neale, Esquire, Appeal approved 5/0
representing William T. Roberts, II and Deborah D.
Roberts, requesting an appeal of the Collier County
Planning Commission's approval of Petition BD-96-8 on
June 20, 1996, for property located on Lot 14, Block
414, Marco Beach Unit 13, Collier County, Florida.
(3) Petition Number: V-96-14, Greta M. Vincent, Res. 96-418 Adopted 5/0
requesting a 1.95 foot After-The-Fact Variance from
the required 7.5 foot side yard setback to 5.55 feet
and 1.7 feet from the required 10 foot accessory
structure setback to 8.3 feet for property located in
Section 29, Township 48 South, Range 25 East.
(4) Petition No. V-96-16 Peter L. Rosenberg representing Res. 96-419 Adopted 5/0
Thomas Valesky is requesting After-The-Fact Variances
of 0.2 feet from the required 25 foot front yard
setback to 24.8 feet, 0.71 feet from the required 25
foot rear setback to 24.29 feet and a 1.7 feet from
the required 7.5 feet side yard setback to 5.8 feet
for a property located at 204 2nd Street, Little
Hickory Shores in Bonita Beach.
(5) Petition No. V~96~13 Laura Redondo Ryan representing Res. 96-420 Adopted 5/0
Barnett Bank requesting a 5 foot Variance from the
required 25 feet front yard setback to 20 feet, a 10
foot Variance from the required 20 feet landscape
buffer along US-41 to 10 feet for a distance of 130
feet and a 20 foot Variance from the required
landscape buffer of 20 feet to -0- feet for a
distance of 160 feet along the southeast corner of
the property on US-41 for property located at 3285
East Tamiami Trail.
(6) SV~96~3, Thomas E. Killen, representing Pet Continued to 10/8/96
Supermarket, Inc., requesting a 10 foot Variance to
the Sign Ordinance requirement for 150 feet of road
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frontage for a pole sign to 140 feet, for property
located at 2416 Tamiami Trail East, further described
as lots 5 and 6, and the west 20 feet of Lot 4, Block
A, Inomah in Section 11, Township 50 south, Range 25
East. (Continued to meeting of October 8, 1996.)
B. OTHER
(1) Relating to Petition No. CU-95-4, for the 1st Res. 96~421 Adopted 5/0
extension of a Conditional Use for a church (I.E.
Naples Bible Church) located on the west side of C.R.
951 approximately 330 feet north of Vanderbilt Beach
Road in Section 34, Township 48 South, Range 26 East,
Collier County, Florida.
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
(1) High Water Usage - 6774 Buckingham Court Discussed
(Commissioner Constantine)
(2) Median re N. Carica Road Discussed
(Commissioner Matthews)
(3) Employee outing Discussed
(Commissioner Mac'Kie)
15. STAFF'S COMMTJNICATIONS
(1) Lee County Joint Meeting To be held later in the
year
(2) DEP inquiry regarding off-shore testing Discussed
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 3/0 (Commissioner
discussion of each item. If discussion is desired by a Constantine and Matthews
member of the Board, that item(s) will be removed from out)
the Consent Agenda and considered separately.
A. COMMT/NITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to approve for recording the final Letter of Credit and
Plat of "Village Walk Phase Five". Construction & Maintenance
Agreement
B. PUBLIC WORKS
(1) Recommendation to approve a cooperative agreement for
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data collection in preparation for the Gordon River
Extension Basin Study
Moved to Item #8B1
(2) Approve Contract No. 96-2515 with Mitchell and Stark
Construction Co., Inc. for construction of the Naples
Park Drainage Improvements
(3) Approve work order to replace Golden Gate Well No. 11
and No. 16
(4) This item has been deleted.
Moved to Item #8B2
(5} Recommendation to accept a control survey and
additional information confirming the history of Miller
Boulevard Extension Between U.S. 41 and Miller Boulevard
in the Golden Gate Estates
(6} Recommendation to award Bid 96-2544 for the purchase
of domestic water meters
(7) Recommendation that the Board of County Commissioners Res. 96-408
approve a resolution to request and accept a land
transfer from the Florida Department of Transportation,
to convey land to the adjacent property owners, and to
accept the land interest upon which Immokalee Road is
built in T47/R30/S1-6
C. PUBLIC SERVICES
Moved to Item #8C2
(1) Recommendation that the Board of County Commissioners
approve a limited use license agreement between the Board
of County Commissioners and the Naples International
Fireworks Management, Group, Inc. (Continued from the
8/13/96 meeting).
D. SUPPORT SERVICES
(1) Recommendation that the Board of County Commissioners
approve and execute The Notice of Promise to Pay and
Agreement to extend payment of Sewer System Impact Fees.
(2) A Resolution approving The Satisfaction of Liens for Res. 96-409
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1993 Solid Waste Collection and Disposal Services
Special Assessments
(3) A Resolution approving the Satisfaction of Liens for Res. 96-410
certain Residential Accounts wherein the County has
received payment and said liens are Satisfied in full for
the 1993 Solid Waste Collection and Disposal Services
Special Assessments.
(4) A Resolution approving the Satisfaction of Liens for Res. 96-411
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certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1992 Solid Waste Collection and Disposal Services
Special Assessments
(5) A Resolution approving the Satisfaction of Liens for Res. 96-412
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1991 Solid Waste Collection and Disposal Services
Special Assessments
(6) A Resolution approving the Satisfaction of Liens for Res. 96-413
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1994 Solid Waste Collection and Disposal Services
Special Assessments
(7) A Resolution approving the Satisfaction of Liens for Res. 96-414
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1994 Solid Waste Collection and Disposal Services
Special Assessments
(8) A Resolution approving the Satisfaction of Liens for Res. 96-415
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1991 Solid Waste Collection and Disposal Services
Special Assessments
(9) A Resolution approving the Satisfaction of Liens for Res. 96-416
certain Residential Accounts wherein the County has
received payment and said Liens are Satisfied in full for
the 1992 Solid Waste Collection and Disposal Services
Special Assessments
(10)Recommendation to approve a Contract for Legal
Services between The Collier County Board of
Commissioners and David E. Bryant, Attorney at Law.
COUNTY MANAGER
(1) Approval of Budget Amendments. BA 96-569; 96-578; &
96-579
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1) Certificate of 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) Miscellaneous Items to File For Record With Action As
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Directed.
H. OTHER CONSTITUTIONAL OFFICERS
(1) To seek the Board of County Commissioners' approval
for the transfer of tangible personal property purchased
by fund 301 during FYE 9/30/95 for the benefit of the
Sheriff to the Sheriff's custody.
I. COIFMTY ATTORNEY
17. ADJOURN