Recap 10/08/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, October 8, 1996
9~00 a.m.
NOTItEm 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 WHITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER
wPUBLIC 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 12x00 NOON TO lx00 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
5.PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) "Mental Illness Awareness Day" - To be accepted by Adopted - 5/0
Kathryn Hunter, Executive Director of A~I of Collier
County.
(2) "National 4-H Week" - To be accepted by 4H members Adopted ~ 5/0
Marcie Baker and Jordan Krumbine.
B. Service Awards Presented
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October 8, 1996
(1) John Yonkosky - 10 years - Department of Revenue.
(2) Scott Fuller - 10 years Wastewater Treatment Plant
South - Collections.
(3) Francisco Llorca - 15 years - Road and Bridge.
C. Presentations
(1) Recommendation to recognize Dick Noonan, Plans Review Recognized
Specialist, Community Development and Environmental
Services Division, as Employee of the Month for October,
1996.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) To give notice and establish a public hearing date 1/14/97 set as public
for the Development of Regional Impact (DRI) known as hearing date - 5/0
"Islandwalk DRI".
B. PUBLIC WORXS
(1) Petition TM96~012 for the neighborhood traffic Approved 5/0
management program to traffic calm Kings Way within the
Foxfire Development
(2) Recommendation to approve a roadway improvement and Approved w/stips. 5/0
acceptance plan for Hunters Road
(3) Adopt a resolution authorizing the acquisition of Res. 96-457 Adopted 5/0
road right-of~way, sidewalk, slope, utility, drainage,
maintenance and temporary construction easements and/or
fee simple title for Livingston Road between Golden Gate
Parkway (C.R. 886) and Radio Road (C.R. 856), CIE No. 53
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY MANAGER
9. COUN=~ATTORNEY, S REPORT
10. BOARD OF COUNTY COMMISSIONERS
2
October 8, 1996
A. Appointment of member to the Public Vehicle Advisory Res. 96-458 appointing
Committee. Patricia M. Bailey -
Adopted 5/0
B. Appointment of member to the Black Affairs Advisory Res. 96-459 appointing
Board. Eric E. Baird Adopted
5/0
Withdrawn
C. Discussion regarding a proposed new water managment Withdrawn
district. (Commissioner Matthews)
D. Discussion of BCC position on oil exploration in the Gulf Res. 96-460 opposing
of Mexico. (Commissioner Constantine) State, Federal &
International oil
exploration - Adopted 5/0
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
(1) Petition CP-96-3, Donald A. Pickworth, P.A., Denied. Petition not to
representing Marian H. Gerace, Trustee, requesting an be transmitted to DCA -
amendment to the Future Land Use Element and Future Land 4/1 (Commissioner Matthews
Use Map of the Growth Management Plan to add 50.67 acres opposed)
to, and designate the boundaries of, the southeast
quadrant of the Pine Ridge Road/Airport-Pulling Road
Activity Center, by providing criteria for development of
that Activity Center, and by providing for future site
specific boundaries of other Activity Centers.
B. ZONING AMENDMENTS
(1) Petition PUD-96-10, William Hoover of Hoover Planning Ordinance 96-58 Adopted
Shoppe, representing Reverend David Mallory of The First 5/0
Assembly of God Church requesting a rezoning of certain
defined property as herein described from "A" Rural
Agricultural and "POD" Planned Unit Development to "POD"
for property located at the northeast intersection of
C.R. 951 and Rifle Range Road west of Swamp Buggy Days
PUD in Sec. 14, T50S, R26E, consisting of 68.8 ± acres.
(2) Petition POD-96-7, Robert L. Duane of Hole, Montes Ord. 96-59 - Adopted 4/1
and Associates, Inc., representing Kenneth D. Goodman (Comm. Norris opposed)
3
October 8, 1996
requesting a rezone from "E" to "PUD" to be known as
College Park PUD for property located on the south side
of Rattlesnake Hammock Road and approximately one mile
west of C.R. 951 in Sec. 22, T50S, R26E.
Continued two weeks to 10/22/96
(3) Petition PUD-82-33(3) Michael R. Fernandez, AICP, of Continued two weeks to
Planning Development, Inc., representing Harig 10/22/96
Manufacturing Corporation requesting an amendment to the
Wiggins Bay PUD to allow residential uses as an option to
commercial uses for a designated commercial tract,
specifically to allow 56 dwelling units in a 15 story
building for property located at the southeast corner of
Vanderbilt Drive and Wiggins Pass Road.
(4) Petition PUD-96-9, Kevin G. Coleman of Goodlette, Ordinance 96-60 Adopted
Coleman, Joanson, and Robert L. Duane of Hole, Montes& 5/0
Associates, representing Marriot Senior Living Services,
Inc., requesting a fezone from "PUD" (Greek Orthodox
Church) to "PUD" to be known as Brighton Gardens for a
development that will consist of not more than 133
congregate/assisted living facility (ACLF/ALF) units,
based on 93 assisted living units and a 40 bed skilled
nursing facility for property located on the west side of
Airport-Pulling Road (C.R. 31) approximately 11/2 miles
south of Immokalee Road, containing 5.14 acres, more or
less.
(5) Petition PUD-84-18(2) Joe Lacoursiere of Gatgo Co., Ordinance 96-61 ~ Adopted
representing Robert Vocisano, Trustee, requesting an 5/0 with a peaked roof and
amendment of the Sutherland Center PUD for the purpose of any architectural
increasing the maximum building height from three (3) standards that are in
stories over parking to four (4) stories above mean flood place at the time.
elevation 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 Section 18,
T49S, R26E. (Continued from the meeting of 9/24/96)
C. OTHER
(1) An Ordinance creating the Land Acquisition Advisory Ord. 96-62 - Adopted
Board; providing findings and determinations; providing pending voter approval
for appointment and composition; setting forth the terms with 4 changes 3/2
of office; providing for removal from office, failure to (Commissioners Norris and
attend meetings; providing for officers, quorum, rules of Constantine opposed)
procedure; providing for reimbursement of expenses;
setting forth the functions, powers and duties of the
Board; setting forth the duties of the County
Administrator or his designee; providing for review
process; providing for the sunset (termination) of this
ordinance; providing for conflict and severability;
providing for inclusion in the Code of Laws and
Ordinances and providing an effective date.
13. BOARD OF ZONING APPEALS
4
October 8, 1996
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-96-21, Burt Saunders of Woodward, Pires, Res. 96-461 - Adopted 5/0
Anderson and Lo~bardo representing the David Pope Trust
requesting a 3.5 foot after-the-fact variance from the
required 25 foot rear yard setback to 21.5 feet for
property located at 342 Seabee Avenue, further described
as Lot 11, Block Q, Cormors Vanderbilt Beach Estates,
Unit 2.
(2) Petition V-96~18, Mr. J. Dudley Goodlette Res. 96-462 - Adopted 5/0
representing Henry and Violet Johnson is requesting a
variance of 5 feet from the required 30 foot rear yard
setback to 25 feet for property located in nely Barefoot
Beach PUD.
(3) Petition V-96-17, Anne T. Brown requesting a 15 foot Res. 96-463 Adopted 5/0
variance from the required 75 foot front yard setback to
60 feet and 50 feet from the required 75 foot setback to
25 feet for property located in Sec. 7, T49S, R26E.
(4) Petition V-96-20, Robert Lockhart of McKee & Denied - 3/2
Associates requesting a 3.3 foot after-the-fact variance (Commissioners Mac'Kie and
from the required 25 foot rear yard setback to 21.7 feet Matthews opposed) Staff
for property located at 164 Heron Avenue in Sec. 29, to send letter to Dept. of
T48S, R25E. Professional Regulations.
(5) Petition SV-96-3, Thomas E. Killen representing Pet Res. 96-464 Adopted wtih
Supermarket, Inc., requesting a variance of 10 feet from stipulations. - 5/0
the required 150 foot road frontage requirement for a
pole sign to 140 feet and a variance of 15 feet from the
required 15 foot side yard setback established for pole
signs to 0 feet for the property located at 2416 East
Tamiami Trail. (Continued from the meeting of 9/10/96)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion regarding a district water management problem Commissioner Hancock to be
concern SFWMD on an ad-hoc committee to
address the five county
flooding problems until a
District 5 Commissioner is
elected.
B. Discussion regarding Category B Tourist Development County Manager to look
Funds. into having an audit
performed on these funds.
C. Discussion on Tourist Tax Dollars and marketing approach
15. STAFF'S COMMUNICATIONS
October 8, 1996
16.
CONSENT AGENDA
All matters listed under this item are considered to he routine Approved and/or Adopted
and action will be taken by one motion without separate with changes 5/0
discussion o~ each item. I~ discussion is desired by a
member o~ the Board, that item(s) will be removed ~rom
the Consent Agenda and considered separately.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Sewer facilities acceptance for Kensington Park, w/stips.
Phase 3-A.
(2) Sewer facilities acceptance for Silver Lakes, Phase w/stips.
II~B.
(3) Petition AV-96-019, recommendation to approve for Res. 96-454
recording the final plat of "Pelican Marsh Unit Eight
Replat" and approve the vacation of those lands
previously platted as "Pelican Marsh Unit Eight" and as
recorded in Plat Book 25, Pages 30 through 34.
Withdrawn
(4) Recommendation to grant final acceptance of the Withdrawn
roadway, drainage, water and sewer improvements for the
final plat of Forrest Lakes Homes.
(5) Recommendation to approve for recording the final w/ stips., Construction,
plat of "Waterways of Naples Unit One" Maintenance & Escrow
Agreement
(6) Water and sewer facilities acceptance for Pelican w/ stips. & Assignment
Marsh, Unit Twelve. Agreement
(7) Water, sewer and irrigation facilities acceptance for w/ Letter of Credit,
Bay Colony Golf Club at Pelican Marsh. stips, & Assignment
Agreement
B. PUBLIC WORKS
(1) To recognize and appropriate FY96 Carry Forward for
the Immokalee Football/Soccer Field Project #80027
(2) This item has been deleted. Deleted
(3) This item has been deleted. Deleted
(4) Authorization to continue the use of bioxide for Bid process waived
6
October 8, 1996
control of hydrogen sulfide odor and continued use of Davis
Water & Waste Industries,
Inc. authorized
(5) This item has been deleted. Deleted
(6) This item has been deleted. Deleted
(7) This item has been deleted. Deleted
(8) Recommendation for Board approval of easement for
property access across C.R. 951 Canal at the northwest
corner of Section 35, Township 48, Range 26 (continued
from 10/1/96 meeting)
C. P~BLIC SERVICES
(1) Recommendation that the Board of County Commissioners Res. 96-455
adopt a resolution allowing the expenditure of County
funds relative to the purchase of a plaque in conjunction
with the memorial tree program.
(2) Recommendation that the Board of County Commissioners Awarded to various bidders
award Bid No. 96-2545 relating to herbicides, pesticides on a per item basis
and fungicides used at various County facilities for turf
management practices.
(3) Report to the Board of County Commissioners regarding In the amount of
an emergency purchase. $1,200.00 for liquid
chlorine for Immokalee
Aquatic Facility and
Golden Gate Aquatic
Facility
(4) Recommendation that the Board of County Commissioners
approve an agreement to terminate lease between Collier
County and Immokalee Child Care Center, Inc.
(5) Recommendation that the Board of County Commissioners
approve an agreement to terminate sublease and a lease
agreement between Collier County and TECH of Collier
County, Inc.
D. SUPPORT SERVICES
(1) Report to the Board regarding emergency repairs with S.L.Page Corporation
relating to the Thermal Storage Chilled Water System. in the amount of $27,445
(2) A Resolution approving the expenditure of funds for a Res. 96-456; funds not to
picnic to recognize Collier County Board of County exceed $2,000.00
Commissioners employees pursuant to the provisions of
Collier County Ordinance No. 87-5 which established that
personnel-related expenditures are valid and proper for
October 8, 1996
County purposes.
E. COUNTY MANAGER
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. Satisfaction of Lien: NEED MOTION authorizing the
Chairman to sign Satisfaction of Lien for Services
of the Public Defender for Case Nos. >. RECOMMEND
APPROVAL.
3. Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
17. ADJOIFRN
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October 8, 1996