Recap 11/26/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, November 26, 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 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 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 changes 5/0
4. APPROVAL OF MINUTES
November 5, 1996 - Regular meeting. Approved as presented -
5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
World Aids Day to be accepted by Maria Pascaul, Adopted - 5/0
Chairperson of the World Aids, Collier County Chapter.
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November 26, 1996
B. Service Awards Presented
Bryan Milk, Planning & Technical Services - 10 Years
C. Presentations
Presentation and thank you by Friends of the Library. Presentation of Book
written by Friends of the
Library
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001)
2. Community Development Fund (113}
3. Facilities Construction Fund (301)
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Request the Board of County Commissioners to direct County Manager to prepare
staff on how to reply to the modifications made to the letter for Chairman to
Manatee Protection Plan by the Florida Department of send to DEP regarding
Environmental Protection. County concerns. Staff
directed to file a Rule
Challenge 5/0
Added
(2) Anthony Pires, Jr., representing Dale H. Steinberg County Manager's decision
requesting an appeal of the County Manager's decision to upheld - 5/0
uphold code enforcement staff's notice of violation
concerning the duplex use of a renovated boat house at
2854 Becca Avenue, Case No. 60209-14. (Continued from
the meeting of 11/19/96)
B. PUBLIC WORKS
(1) Recommendation to consider whether to enter into an Res. 96-527 Adopted; Staff
Agreement between Collier County and the Florida to proceed w/agreement
Department of Juvenile Justice for the Lease of property with the State, subject to
located behind the Collier County Jail located at the conditions 5/0
Government Complex for a Juvenile Detention Facility.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
Moved from Item #16D4
(1) Recommendation to approve a settlement of the lawsuit Aproved 5/0
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November 26, 1996
titled, The Estate of Daniel O'Brien vs. Collier County,
Case No. 91-2468-CA-01-WLB.
E. COUNTY MA/qAGER
9. COUNTY ATTORNEY'S REPORT
A. Request approval of the attached proposed special act and Res. 96-528 Adopted 5/0
resolution to forward both to the Collier County
Legislative Delegation to request enactment of the
Special Act into law by the Florida Legislature to
eliminate problems caused by private bisecting easements
and private perimeter easements in the Golden Gate
Estates Subdivisions.
B. A Resolution approving a proposed special act to amend Continued to 12/3/96 5/0
Chapter 89-449, Laws of Florida, to empower county park
enforcement officers (Park Rangers) to issue citations to
enforce any County Ordinance within the boundaries of any
Collier County Park, Collier County operated parking
facilities, public beaches, beach access areas located
immediately adjacent to any Collier county park and
public areas immediately adjacent to county parks.
10. BOARD OF COUNTY COMMISSIONERS
A. Discussion and update regarding Lobbying Coalition. Decision not to
participate and money to
remain in travel fund;
Administrative Assistant
to communicate same to
Charlotte County.
11. OTHER CONSTITUTIONAL OFFICERS
A. Request that the Board authorize and direct the County Staff to prepare ordinance
Attorney's Office to prepare and advertise an ordinance to be advertised. 5/0
for public hearing to impose a mandatory cost to be
assessed in specific cases for the funding of the
Juvenile Assessment Center and suspension program through
County Delinquency Prevention fines, pursuant to Section
775.0833, Florida Statutes, as amended by Chapter 96-382,
Laws of Florida.
B. Request that the Board authorize and direct the County Staff to finalize and
Attorney to finalize and advertise for public hearing the advertise ordinance, as
attached ordinance to impose a $3.00 assessment charge as requested by Clerk of the
a court cost by both Collier Circuit and County Courts Circuit Court. 5/0
against every person who pleads guilty or nolo contenders
to, or is convicted of a violation of a state criminal
statute or a municipal or county ordinance as provided by
Chapter 96-382, Laws of Florida.
PUBLIC COMMENT ON GENERAL TOPICS
3
November 26, 1996
A1 Perkins discussion re interchange at Golden Gate Pkwy. Discussed
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition PUD-87-7(2), J. Dudley Goodlette, Esq., of Ord. 96-72 Adopted 5/0
Goodlette, Coleman and Johnson representing Royal Wood
Master Association, Inc., requesting a rezone from "PUD"
to "PUD" for the purpose of amending the Royal Wood Golf
& Country Club to provide for the use of a restaurant by
the general public in addition to members of the Royal
Wood Golf and Country Club for property located on the
north side of Rattlesnake Hammock Road.
(2) Petition PUD-96-8, Community Engineering Services, Ord. 96-73 Adopted
Inc., representing Bruce Hoyt requesting a rezoning of w/changes 5/0
certain defined property as herein described from "A" to
"PUD" Vanderbilt Pines PUD for property located at the
northeast intersection of C.R. 951 and Vanderbilt Beach
Road in Sec. 35, T48S, R26E, consisting of approximately
323.28 acres.
(3) Petition PUD-84-7(5), George L. Varnadoe, Esquire, of Ord. 96-74 - Adopted with
Young, vanAssenderp & Varnadoe, P.A., representing 951 change 5/0
Land Holdings Joint Venture, requesting a rezone from "A"
Rural Agriculture and "PUD" Planned Unit Development to
"PUD" Planned Unit Development representing an addition
to the area of Fiddler's Creek within the Marco Shores
PUD by an amendment to the Marco Shores/Fiddler's Creek
PUD having the effect of enlarging the land area of the
Fiddler's Creek Development by 690 acres, more or less,
and adopting a Master Plan for said added area while
leaving constant the amount of development in terms of
residential dwelling units and commercial land uses for
the Fiddler's Creek portion of Marco Shores, said
additional land area is located in Sec. 13, T51S, R25E.
(Companion to Agenda items 12C.(4) and 12C.(5)
C. OTHER
(1) Request the Board of County Commissioners approve a Ord. 96-75 Adopted 5/0
Resolution and Ordinance which will allow the posting of Res. 96-531 that DEP study
Hurricane Pass as an Idle Speed Zone. Hurricane Pass Adopted
5/0
November 26, 1996
(2) Recommendation that the Collier County Board of Ord. 96-76 Adopted
County Commissioners add Section Six to Collier County w/changes 5/0
Ordinance No. 89-06 as amended, the Minimum Housing
Ordinance, to provide for registration of rental units,
the designation of a local contact and notification of
violations to mortgagors to facilitate code enforcement
of housing violations.
(3) An Ordinance amending Ordinance Number 95-64 to Ord. 96-77 Adopted 5/0
correct a scrivener's error in the legal description
referred to as the Northshore Lake Villas PUD, located on
the east side of Co R. 901 for property located in Sec.
21, T48S, R25E.
(4) Resolution of the Board of County Commissioners of Res. 96-529 - Adopted 5/0
Collier County determining that revisions to the Marco
Shores/Fiddler's Creek Development Order does/does not
constitute a substantial deviation requiring further
Development of Regional Impact review. (Companion to
Agenda Items 12B.(3) and 12C.(5)
(5) Petition DOA-96-4, George L. Varnadoe of Young, Res. 96-530/Dev. Order
vanAssenderp and Varnadoe, P.A., representing 951 Land 96-4 Adopted 5/0
Holdings Joint Venture requesting an amendment to the
Marco Shores/Fiddler's Creek Development Order 84-3, as
amended, for the purpose of adding 690± acres to the
Fiddler's Creek portion of said Development Order, and
companion Planned Unit Developing Zoning Regulations, and
to adopt a Master Plan for said added area while leaving
constant the amount of development in terms of
residential dwelling units and commercial land uses for
the Fiddler's Creek portion of Marco Shores, said
additional land area is located in Sec. 13, T51S, R26E.
(Companion to Agenda Items 12B.(3) and 12C.(4)
(6) Adopt a resolution related to Collier County Res. 96-532/CWS 96-14 -
Water-Sewer District Service Boundaries to incorporate Adopted 5/0
Olde Florida Golf Course
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-96-20, Collier County Community Res. 96-533 Adopted 5/0
Development requesting Conditional Use "23" of the "A"
Zoning District for property located on the north side of
C.R. 858 in Sec. 14, T48S, R29E.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS, COMMJINICATIONS
15. STAFF'S COMMUNICATIONS
November 26, 1996
Ray Miller to act as interim Public Works Administrtator 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 with changes 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) Recommendation that the Board of County Commissioners Res. 96-517
approve Lien Resolution for Code Enforcement Case No.
60311-028; owner of record - Jerome Bienenfeld, et ux.
(2) Recommendation that the Board of County Commissioners Res. 96-518
approve Lien Resolution for Code Enforcement Case No.
60506-027; owner of record - Johanna M. Prindiville.
(3) Recommendation that the Board of County Commissioners Res. 96-519
approve Lien Resolution for Code Enforcement Case No.
60514-071; owner of record Alfredo L. Ramirez, Anne C.
Ramirez.
(4) Recommendation that the Board of County Commissioners Res. 96-520
approve Lien Resolution for Code Enforcement Case No.
60528-066; owner of record - Nancy E. Mills.
(5) Recommendation that the Board of County Commissioners Res. 96-521
approve Lien Resolution for Code Enforcement Case No.
60606-043; owner of record - Vito A. Dipalma, Theresa M.
Dipalma, Leonard A. Dipalma.
(6) Recommendation that the Board of County Commissioners Res. 96-522
approve Lien Resolution for Code Enforcement Case No.
60606-045; owner of record H N H Ventures.
(7) Recommendation that the Board of County Commissioners Res. 96-523
approve Lien Resolution for Code Enforcement Case No.
60617-021; owner of record Edward J. Pelc and Laverda
Pelc.
(8) Recommendation that the Board of County Commissioners Res. 96-524
approve Lien Resolution for Code Enforcement Case No.
60618-062; owner of record - Emilio Roland Stillo, et
al.
(9) Recommendation that the Board of County Commissioners Res. 96-525
approve Lien Resolution for Code Enforcement Case No.
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November 26, 1996
60624-095; owner of record - Susan Downs, Marion Tuzzolo.
(10) Recommendation that the Board of County Commissioners Res. 96-526
approve Lien Resolution for Code Enforcement Case No.
60626-023; owner of record - Leonard J. Bubri, Nicholas
Karalis.
(11) Water facilities acceptance for Turtle Creek. w/ stipulations & Cash
Bond
B. PUBLIC WORKS
Withdrawn
(1) Recommendation that the Board of County Commissioners Withdrawn
award Bid No. 96-2576 for an "All terrain excavator" in
the amount of $188,302.60 to the low bidder, Menzi USA
Inc., Lakeland, Florida
(2) Approve Work Order for professional engineering Award to Hole, Montes &
services related to the County Reclaimed Water System Assoc.
back-pressure sustaining valves
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners
approve repairs to the Golden Gate Aquatic Facility.
(2) Recommendation that the Board of County Commissioners
authorize the Parks and Recreation Department/Golden Gate
Community Center to purchase playground equipment
utilizing the Palm Beach County School Board annual bid.
(3) Recommendation that the Board of County Commissioners
waive the formal bid process and approve a sole source
purchase requisition with Seahawk Deep Ocean Technology
of Tampa, Florida, to custom design and install a special
seasonal exhibition at the Collier County Museum on the
Spanish Treasure Fleets in Florida.
D. SUPPORT SERVICES
(1) Recommendation that the Board of County Commissioners
approve and execute a Release of Lien.
(2) Recommendation that the Board of County Commissioners
approve and execute a Satisfaction of Claim of Lien.
{3) Recommendation that the Board of County Commissioners
approve and execute Satisfaction of Notices of Promises
to Pay and Agreements to extend payments of Sewer System
Impact Fees.
Moved to Item #8D1
(4) Recommendation to approve a settlement of the lawsuit Moved to Item #8D1
titled, The Estate of Daniel O'Brien vs. Collier County,
7
November 26, 1996
Case No. 91-2468-CA-01-WLB.
(5) Recommendation that the Board of County Commissioners
approve and have the Chairman sign a contract with the
Property Appraiser and Tax Collector for services
rendered for the Solid Waste Collection and Disposal
Services Special Assessment pursuant to Collier County
Ordinance No. 90-30, as amended and Section 197.3632(2)
and 8(C) Florida Statutes.
(6) Authorize purchase of upgrades to the County's
telephone switching equipment and declare Lucent
Technologies Inc. the Sole Source Vendor.
E. COUNTY MANAGER
(1) Recommendation to approve sponsorship and
participation in the proposed first annual "Naples -
Collier County Cultural Festival and Parade" on April 26,
1997.
(2) Budget Amendment Report. B.A.'s 97-017/019, 97-025
& 97-047
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)Satisfaction of Lien: NEED MOTION authorizing the
Chairman to sign Satisfaction of Lien for Services of
the Public Defender for Case Nos. 96-760-CFA,
96-1091-MMA, 89-2181-CFA, 92-210-CFA, 92-210-CFA,
96-167-CFA, 93-7884-MMA, 96-1519-MMA, 96-3500-MMA,
96-4235-MMA, 94-1303-CJA, 90-465-IT, 94-5087-MMA,
88-4593-TMC, 95-148-CFA, and 91-634-CFA. RECOMMEND
APPROVAL.
(3)Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
(1) Recommendation to the Board of County Commissioners
to sign the acceptance document for the $900,000 COPS
Universal Hiring Supplemental Grant #95CCWX0265.
I. COUNTY ATTORNEY
17. ADJOURN
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November 26, 1996