Recap 09/24/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 24,1996
9~00 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 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 CHAIIhwlAN.
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 changed 5/0
4. APPROVAL OF MINUTES Approved as presented
5/0
September 3, 1996 - Regular meeting.
September 4, 1996 - Budget meeting.
5.PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) "Law Enforcement Appreciation Day" - To be accepted Adopted - 5/0 by Sheriff Don Hunter.
1
(2) "Crime Prevention Month: - To be accepted by Sheriff Adopted - 5/0
Don Hunter.
B. Service Awards Presented
(1) Carl C. Gibson - 5 years - Water Pollution
Department.
(2) Enrique Blanco ~ 15 years - Road and Bridge.
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)
Added
B. Inform the Board of County Commissioners of the results Clerk's Office to proceed
of a recent sales and usage tax audit performed by the w/paying tax and interest
State of Florida Department of Revenue and to seek and abatement of penalty,
consideration of what action to be taken as to delinquent if possible; Airport
taxes, interest and penalties. Authority to be reviewed.
5/0
7. PUBLIC PETITIONS
8. CODNTY MANAGER'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Approval to execute an agreement to provide local Staff recommendation
funds to support the Transportation Disadvantaged (TD) approved 4/1 (Commsr.
program in Collier County. Constantine opposed).
(2) Request the Board of County Commissioners provide the Approved 5/0
Natural Resources Department direction as to the posting
of Hurricane Pass as an idle speed zone.
B. PUBLIC WORKS
(1) Wyndemere Water Impact Fee Settlement Agreement and Approved 5/0
Mutual Release.
(2) Review hearing Wyndemere Alternative Water System Staff recommendation
Impact Fee Calculation. approved w/change 5/0
(3) Funding resolution and funding source approval for Res. 96-440/CWS-96-10
Royal Cove Sewer Assessment Project. Adopted 5/0
Added
2
(4) Change Order #2 to Sunshine Excavators, Inc., for the Approved 5/0
excavation and fill portion of the preparatory site work
for the International Fireworks competition to be held at
Sugden Regional Park.
C. PUBLIC SERVICES
(1) Acceptance of Library Long Range Plan, in order to Approved w/changes 5/0
qualify for FY 1997 Library Operating Grant (State Aid to
Libraries), administered by the Florida Department of
State, Division of Library and Information Services, and
permission for Chairman to sign application.
D. SUPPORT SERVICES
E. COUNTY MANAGER
(1) Recommendation to approve the transfer of common Res. 96-441 - Approved
stock of Time Warner, Inc., the entity which controls 5/0
Florida Cablevision Management Corp., to stock holders of
Turner Broadcasting Systems, Inc.
9. COUNTY ATTORNEY'S REPORT
A. Report to the Board regarding Collier County Ordinance Presented; County
No. 86-41, as amended, and its provisions governing Attorney directed to
appointments to advisory boards and candidacy for modify existing Ordinance
elective political office. 5/0
Moved from #16ATz
B. Recommendation that the Board of County Commissioners Approved 5/0
authorize contracts for legal service providers for the
Contractors' Licensing Board and the Code Enforcement
Board (RFP-96-2495}.
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Environmental Advisory Res. 96-442 appointing
Board. Paul Hinchcliff, Michel
Saadeh & Mark Lamoureux
Adopted 5/0
B. Appointment of members to the Health Planning Council of Staff directed to properly
Southwest Florida. advertise positions 5/0
C. Discussion of Productivity Committee priorities. Presented
11. OTHER CONSTITUTIONAL OFFICERS
A. Recommendation that the Board of County Commissioners Approved 5/0
approve a budget amendment to appropriate $604,600 from
the General Fund (001) "Reserve for Sheriff's Attrition"
to the Sheriff's Office General Fund (040).
Withdrawn
3
B. Recommendation to approve an ordinance to charge fines Withdrawn
for false alarms initiated by owner/security company's
carelessness.
C. Budget Amendment to transfer Sheriff's funds from the Approved 5/0
corrections portion to the law enforcement and judicial
portions of the budget.
PUBLIC COM3[ENT ON GE~'ERAL TOPICS
A. A1 Perkins re Landfill Siting Committee meeting update Presented
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-84-18(2) Joe Lacoursiere of Gatgo Co., Continued to 10/8/96 5/0
representing Robert Vocisano, Trustee, requesting an
amendment to the Sutherland Center PUD for the purpose of
increasing the maximum building height from three stories
over parking to four stories over parking for Tracts 2.1
and 2.2 in the said Sutherland Center PUD which is
located in the southwest corner of Pine Ridge Road and
Interstate Highway 75 in Sec. 18, T49S, 26E.
(2) Petition PUD-86-09(3) Bruce J. Siciliano, AICP, of Ord. 96-55 - Adopted with
Agnoli, Barber & Brundage, Inc., and Donald A. Pickworth, changes 5/0
P.A., representing Ronto Development Naples, Inc.,
requesting a rezone from PUD to PUD now to be known as
Heritage Green (formerly Dove Points) for the purpose of
changing development standards and to increase the number
of dwelling units and otherwise make modifications to
update the PUD for property located on the south side of
Immokalee Road (C.R. 846) approximately one mile west of
C.R. 951 in Sec. 28, T48S, R26E, consisting of 251.49
acres.
(3) Petition PUD-96-3, David S. Wilkison of Wilkison & Ord. 96-56 with gas
Associates, Inc., representing Sal Angileri, requesting a station removed, but
rezoning of certain defined property as herein described general and medical uses
from "E" Estates to "PUD" Planned Unit Development for to be inserted for Tracts
property located in the northwest quadrant of the Pine B & C and changes to POD -
Ridge Road (C.R. 896) and 1-75 Interchange Activity Adopted 5/0
Center located on Tract 61, Golden Gate Estates Unit 35,
Sec. 7, T49S, R26E, consisting of 4.5+/- acres.
(Continued from the meeting of 9/10/96)
4
C. OTHER
(1) Recommendation that the Board of County Commissioners Res. 96-443 Adopted 4/1
approve a rate resolution to increase the landfill (Commissioner Constantine
tipping fees, residential annual assessment and opposed)
franchised commercial waste collection fees.
(2) Recommendation to adopt a Backflow Cross-Connection Staff to amend the
Control Ordinance for the Collier County Water-Sewer and ordinance and come back to
Goodland Water Districts. the BCC (Consensus)
(3) Petition SNR-96-7, Community Association for Res. 96-444 Adopted 5/0
Stonegate C.C., Inc., requesting a street name change
from Wellington Drive to Stonegate Drive located in Sec.
2, T49S, R25E, Stonegate Subdivision, within Sleepy
Hollow PUD.
(4) Public Hearing to consider a petition for the Ord. 96-57 Adopted 4/1
creation of the Naples Heritage Community Development (Commsr. Constantine
District pursuant to Chapter 190 Florida Statutes. opposed)
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-96-13 John F. Stanley representing Terry Res. 96-445 Adopted
and Constance Krantz requesting Conditional Use "5" of subject to the CCPC's
the C-4 Zoning District for a truck rental business stipulations. 5/0
located at the southeast corner of Airport Road and Davis
Boulevard.
(2) Petition CU-96-11, Mitchell B. Thompson representing Continued indefinately 5/0
Mark Bates, requesting a Conditional Use for cjuster
housing pursuant to Section 2.2.5.3.8 of the RMF-6 Zoning
District for property located at the east end of Shady
Rest Lane east of Tamiami Trail (U.S. 41) and north of
Solana Road in Sec. 15, T49S, R25E, consisting of
approximately 2.7 acres.
(3) Petition V-96-15, Kriston and Charlotte A. Kent Res. 96-446 Adopted 4/1
requesting a variance to an earthen berm gradient of 4:1 (Comm. Hancock opposed};
to the as built condition representing an estimated 1.5 Staff directed to report
to 1 slope for property located at 6371 Hunters Road, the contractor w/the CLB
further described as Parcels 1, 2, 3, and 4 in Sec. 6,
T49S, R26E.
Withdrawn
(4) Petition A-96-2 William L. Hoover, AICP, of Hoover Withdrawn
Planning Shoppe, representing Frank Dellecave of Golden
Gate Realty, Inc., requesting an appeal of a formal
interpretation regarding transitional conditional uses
within the estates designation of the Golden Gate Area
Master Plan.
B. OTHER
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(1) Petition CU-94-7, David S. Wilkison representing Res. 96-447 Adopted 5/0
James P. Lennane requesting an extension of Conditional
Use "5" of the "RSF-5" Zoning District to allow for
cjuster housing units for property located on the near
southwest corner of Bayshore Road and Thomasson Drive in
Sec. 23, T50S, R25E, consisting of 33.9 acres.
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
A. County Attorney regarding off-shore oil exploration Cry. Atty. directed to
author letter of objection
from 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) Water and sewer facilities acceptance for Piper w/stips. & Cash Bond
Boulevard Medical Center.
(2) Water and sewer facilities acceptance for Portofino w/stips.
at Pelican Marsh.
Withdrawn
(3) Water, sewer and irrigation facilities acceptance for Withdrawn
Bay Colony Golf Club at Pelican Bay.
(4) Petition AV-96-018, recommendation to approve for Res. 96-437
recording the final plat of "Crown Pointe Villas", and
approve a Resolution vacating those lands previously
platted as Tracts J1, J3, and J4, West Crown Pointe,
Phase One.
(5) Authorization to execute Change Order to Contract
94-2271 between Perconti Data Systems, Inc., and Collier
County for the purpose of modifying contract in the
amount of $16,000 to include additional programs as
required by Ordinance.
(6) Water facilities acceptance for Ravenna at Pelican w/stips. & Cash Bond
Marsh.
(7) Recommendation that the Board of County Commissioners Moved to Item #gB
authorize contracts for legal service providers for the
Contractors' Licensing Board and the Code Enforcement
Board (RFP 96-2495).
B. PUBLIC WORKS
(1) Recommendation to award a contract to Environmental In the amount of
Care, Inc. for the installation of a landscape hedge $26,565.00
along Pine Ridge Road in accordance with Board direction
of April 9, 1996.
(2) Recommendation for the Board of County Commissioners In the amount of
to approve a budget amendment for Solid Waste contractual $180,000.00
services.
(3) Recommendation that the Board of County Commissioners w/stips.
approve and accept a drainage easement for the south side
of Westlake Garden Villas No. 2 to maintain the
stormwater drainage outfall.
(4) This item has been deleted. Deleted
(5) Adopt a resolution to authorize the Lely Area Res. 96~438
Stormwater Improvement Fact Sheet and the expenditure of
Water Management Capital Funds for the printing of said
fact sheet to be sent to all the registered voters within
the Lely Basin Area.
(6) Approve a Developer Contribution Agreement with WCI w/stips.
Communities Limited Partnership relating to County's
construction of Vanderbilt Beach Road four laning
improvements.
(7) Reimburse members of the Marco Island Beach In the amount of $1,072.00
Renourishment Advisory Committee for expenses to be
incurred in performance of their duties.
(8) Approve Change Order #1 related to the South County In the amt. of $42,902.00
Regional Water Treatment Plant Processing Tanks Repair.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
(1) Recommendation to approve a budget amendment to
appropriate the Maintenance Services revenues that are in
excess of their budget.
(2) Recommendation to approve and execute the
Satisfaction of Notice of Promise to Pay and Agreement to
Extend Payment of Water and/or Sewer System Impact Fees.
(3) Recommendation that the Board approve the renewal of w/stips.
the Property and Casualty Insurance Program.
(4) Recommendation to reject Bid 96-2554 for berm To be re-bid
maintenance.
(5) Recommendation for approval of Agreement and adoption Res. 96-439
of Resolution authorizing the execution and acceptance of
said Agreement between the State of Florida Department of
Community Affairs and Collier County regarding monies
available in the Emergency Management Preparedness and
Assistance Trust Fund.
(6) Recommendation to have the Board of County To Tischler and Assoc., in
Commissioners approve payment of the costs associated the amount of $46,900.00
with the development of the Interim Governmental Services
Fee.
E. COUNTY MANAGER
(1) Recommendation that the Board of County Commissioners
approve and execute the attached Electric Utility
Facilities Easement for Everglades Airpark.
(2) Recommendation that the Board of County Commissioners In the amount of
approve the compensation amount for Fiscal Year 1997 as $53,000.00
contained in the Agreement with Gary L. Moyer, P.A. to
provide for current contract manager services for the
Pelican Bay Services Division.
Withdrawn
(3) Request for Board to adopt the accompanying Withdrawn
Resolution granting a Grandfather Certificate to Orange
Tree Utility Company for the provision of water service
to its service area, consistent with the certificate
previously granted by the Florida Public Service
Commission.
Withdrawn
(4) Request for Board to adopt the accompanying Withdrawn
Resolution granting a Grandfather Certificate to Orange
Tree Utility Company for the provision of wastewater
service to its wastewater service area consistent with
the certificate previously granted by the Florida Public
Service Commission.
Withdrawn
(5) Request for Board to adopt the accompanying Withdrawn
Resolution granting a Grandfather Certificate to Rookery
Bay Utility for the provision of wastewater service to
its established service area, consistent with the
certificate previously granted by the Florida Public
Service Commission.
Withdrawn
(6) Request for Board to adopt the accompanying Withdrawn
Resolution granting a Grandfather Certificate to Eagle
Creek Utility II, Inc. for the provision of wastewater
8
service in specific unincorporated areas of Collier
County, consistent with the certificate previously
granted by the Florida Public Service Commission.
(7) Recommendation that the Board of County
Commissioners authorize the Chairman to execute a Florida
Department of Natural Resources Permit Application to
provide beach cleaning operations within the Pelican Bay
Services Division from Vanderbilt Beach south to Clam
Pass
(8) Budget Amendment Report B.A.'s 96-598 & 96-609
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1) Certificate of Correction: NEED MOTION authorizing
the Chairman to sign Certificate 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 Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
(1) Recommendation to approve a Legal Services Agreement
with Fixel & Maguire as legal counsel to represent the
County on all matters relating to the proposed landfill
sites and in any eminent domain proceedings relating to
the new Collier County Landfill.
(2) Recommendation that the Board of County Commissioners In the amount of $360.00
approve a Subscriber Agreement for West CD-ROM Libraries
with WESTLAW Access for the purchase of the Florida
Administrative Code on CD-ROM.
17. ADJOURN.