Recap 12/17/1996 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, December 17, 1996
9=00 a.m.
NOTICEs ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MIIST 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 MINITTES
November 26, 1996 - Regular meeting. Approved as presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
Proclamation proclaiming December as Drunk and Drugged Adopted 5/0
Driving Prevention month and that December 20, 1996 be
designated as Lights on for Life Day to be accepted by
Marilyn Petska, Prevention Specialist from David Lawrence
Center.
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December 17, 1996
B. Service Awards
Gwen Butler, Purchasing Department - 15 years Presented
C. Presentations
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
A. Jerry Thirion regarding the Clam Pass Concession. Staff directed to bring
back extension in January,
1997
8. COUNTY MANAGER'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Petition C-96-6, Collier County Agricultural Fair & Carnival Permit 96-6 -
Exposition, Inc., requesting a permit to conduct a Approved 5/0
carnival from January 10 through January 18, 1997, on the
east side of C. R. 846 in Sec. 14, T48S, R27E.
Continued to 1/7/97
(2) Staff review and recommendations relative to Continued to 1/7/97
Ordinance 90-37 also known as the Arbor Lake Club PUD
which, according to the required PUD status report
submitted by the property owner/agent, has not commenced
construction as defined in Section 2.7.3.4 of the Collier
County Land Development Code resulting in several
possible courses of action for the Board of County
Commissioners to consider.
(3) Staff review and recommendations relative to Res. 96-588 - Adopted for
Ordinance 89-70 also known as Casa Del Sol PUD which, a two year extension. 5/0
according to the required PUD status report submitted by
the property owner/agent, has not commenced construction
as defined in Section 2.7.3.4 of the Collier County Land
Development Code, resulting in several possible courses
of action for the Board of County Commissioners to
consider.
(4) Appeal of Lien Resolution No. 90-454 and Lien Appeal Denied 5/0
Resolution No. 92-572; owner of record - Max Levy.
{5) Staff seeking Board of County Commission direction on Emergency Declared; Staff
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December 17, 1996
the preparation of an Emergency Ordinance amending the to prepare Ordinance for
Land Development Code to modify the maximum height of 1/7/97 meeting. 5/0
pool deck/screen porch structures on waterfront lots.
Added
(6) Update on code Enforcement Board (Staff's request) Discussion re Lely
Barefoot hearings to be
held in January, 1997.
Added
(7) Kensington Phase III Plat approval. (Staff's request) Staff recommendation
approved 5/0
B. PUBLIC WORKS
(1) Recommendation that the Board hear and consider the Res. 96-589 Adopted 5/0
Collier County Streetscape Master Plan as prepared by
Collier Naplescape.
(2) Recommendation that the Board of County Commissioners Loan in full amount to be
enter into a project understanding with the Immokalee paid back in 6 yrs with no
Beautiflcation M.S.T.U. for financing their Downtown interest; Staff to come
Streetscape Beautification Project Phase Two, C.R. 29 back with funding source
(from N. 9th Street to 1st Street). on 1/7/97. 5/0
(3) An emergency Ordinance creating the Radio Road Emergency declared - 5/0
Beautification Municipal Service Taxing Unit; providing Ord. 96-84 Adopted 5/0
the authority; providing for the creation; providing a
purpose and governing body; providing funding and the
levy of not to exceed one-half mill of ad valorem taxes
per year; providing for the collection of taxes;
providing for conflict and severablity; providing for
inclusion in the Collier County Code of Laws and
Ordinances; providing for declaration of an emergency;
and providing for an effective date.
(4) Report to the Board on the status of the proposed Staff to continued working
extension of Airport Road from Immokalee road to Piper on this issue - 5/0
Boulevard and on the status of the Piper Boulevard
connector from Cypress Way East to Euclid Avenue.
C. PUBLIC SERVICES
(1} Recommendation that the Board of Collier County Staff directed to prepare
Commissioners approve and authorize staff to present a report for meeting of
discussion item to the Collier County legislative 1/14/97
delegation regarding a proposed amendment to Section
125.0104, Florida Statutes, that would permit the use of
Tourist Taxes to purchase land for additional public
beach parking facilities and for capital improvements to
existing public beach parking facilities and to acquire
or use Tourist Tax funds for capital improvements to
beach access areas.
D. SUPPORT SERVICES
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December 17, 1996
E. COUNTY MANAGER
(1) Approve funding to the Naples Area Chamber of Approved 5/0
Commerce for $125,000 Tourist Development Category B
Funds.
(2) Approve funding to the Naples Area Accommodations Approved 5/0
Association for $489,058 for Tourist Development,
Category B Funds.
(3) Approve funding to the Marco Island YMCA for $120,000 AiDproved 5/0
for the 1997 Marco Island Sports Festival, Tourist
Devlopment Category C Funds.
(4) Year-end Report on Revenues for Fiscal Year 1996. Presented
(5) Recommendation to approve a Budget Amendment Approved 5/0
recognizing and appropriating carry forward in the
General Fund.
(6) Fiscal Year 1996 Pilot Gainsharing Program Results. Approved 5/0
9.COUNTY ATTORNEY'S REPORT
To be heard at 10100 A.M.
A. A Resolution of the Board of County Commissioners of Res. 96-590 Adopted 5/0
Collier County, Florida, authorizing the issuance of not
exceeding $15,000,000 in aggregate principal amount of
Collier county, Florida, Special Obligation Revenue
Bonds, Series 1997, to refund certain outstanding
indebtedness of the County; providing for the rights of
the holders of such bonds; including authorizing a
negotiated sale of said bonds; delegating certain
authority to the Chairman or Vice-Chairman for the
authorization, execution and delivery of a bond purchase
contract relating thereto and the approval and details of
said bonds; appointing a paying agent and registrar for
said bonds; authorizing the distribution of a preliminary
official statement and the execution and delivery of an
official statement with respect thereto; authorizing the
issuance of a municipal bond insurance policy for such
bonds; authorizing the execution and delivery of a
continuing disclosure certificate; and providing an
effective date.
B. Board consideration of an Amendment to Tourism Grant Approve Staff
Program Agreement dated December 27, 1995, by and between recommendation 5/0
PGA Tour, Inc., and Collier County.
10. BOARD OF COUNTY COMMISSIONERS
A. Request for street closure for second annual Cub Scout Approved 5/0
Soap Box Derby. (Commissioner Hancock).
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December 17, 1996
B. Appointment of members to the Development Services Reso 96-591 Adopted 5/0
Advisory Committee. appointing C. Perry
Peeples, Thomas R. Peek,
Robert L. Duane, Dalas D.
Disney & Steven W. Vergo
Added
C. Clarification of the BCC's position on the Cleveland BCC endorsement restated
Clinic's Certificate of Need application before the State along w/ indigent care
(Commissioner Mac'Kie) provision
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. Judy Leinweber re C.A.R.L. list Presented
B. Gil Erlichman re PGA Tour, Inc. Agreement Presented
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
(1) Petition R-96-13, Michael and Roberta Wiener Ord. 96-85 Adopted w/
requesting a rezone from "A" to "RSF-5" for property stipulations 5/0
located at 1301 Whippoorwill Lane, further described as
the south 165 feet of the north 1/2 of the southeast 1/4
of the northwest 1/4 of Sec. 18, T49S, R26E, consisting
of 5 acres.
Continued
(2) Petition PUD-94-9(2), Bruce E. Tyson, ASLA, of Continued
Wilson, Miller, Barton & Peek, Inc., representing WCI
Communities, L.P., requesting a rezone from PUD to PUD,
Planned Unit Development, having the effect of amending
the Pelican Marsh PUD regulations to change the reference
to the legal entity controlling the land; reduce the
minimum floor area for multi-family dwelling units; and
adding development standards for assisted living facility
housing, including establishing a conventional dwelling
unit equivalency of 6.5 to 1 for purposes of determining
consistency with total authorized housing units for
property located in Secs. 25, 27, and 34, and all of
Secs. 35 and 36, T48S, R25E, containing 2075 acres.
C. OTHER
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December 17, 1996
(1) An Ordinance amending Ordinance Number 96-58, The Ord. 96-86 Adopted 5/0
First Assembly Ministries Education and Rehabilitation
Campus PUD, to correct a scrivener's error in the legal
description for land being rezoned from "PUD" and "A" to
"PUD" by said Ordinance for property located in Sec. 14,
T50S, R26E.
(2) AN ORDINANCE PROVIDING FUNDING FOR TEEN COURT THROUGH Denied; Commissioner
AN ASSESSMENT OF THREE DOLLARS ($3.00) IN SPECIFIC CASES Hancock to develop mission
AS A COURT COST PURSUANT TO SECTION 775.0833, FLORIDA statement for the
STATUTES, AS AMENDED BY CHAPTER 96-382, LAWS OF FLORIDA; Legislative Delegation.
PROVIDING FOR MANDATORY COURT COSTS TO BE ASSESSED 5/0
AGAINST EVERY PERSON CONVICTED OF A VIOLATION OF A
CRIMINAL STATUTE, A MUNICIPAL OR COUNTY ORDINANCE, OR WHO
PAYS A FINE OR CIVIL PENALTY FOR ANY VIOLATION OF CHAPTER
316, FLORIDA STATUTES; PROVIDING FOR THE ADMINISTRATION
BY THE CLERK OF THE CIRCUIT COURT; PROVIDING FOR THE
COLLECTION OF COSTS AND DISBURSEMENT OF FUNDS BY THE
CLERK; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING AN EFFECTIVE DATE.
(3) AN ORDINANCE PROVIDING FUNDING FOR THE JUVENILE Denied; Commissioner
ASSESSMENT CENTER AND SUSPENSION PROGRAM THROUGH COUNTY Hancock to develop mission
DELINQUENCY PREVENTION FINES PURSUANT TO SECTION statement for the
775.0833, FLORIDA STATUTES, AS AMENDED BY CHAPTER 96-382, Legislatie Delegation 5/0.
LAWS OF FLORIDA; PROVIDING FOR A MANDATORY COST OF THREE
DOLLARS ($3.00) TO BE ASSESSED AGAINST EVERY PERSON
CONVICTED OF A VIOLATION OF A CRIMINAL STATUTE, A
MUNICIPAL OR COUNTY ORDINANCE, OR A TRAFFIC OFFENSE IN
THE COUNTY; PROVIDING FOR THE COURT TO ASSESS THE
MANDATORY COST OF $3.00 AND THE CLERK OF THE CIRCUIT
COURT TO COLLECT THE MANDATORY COST; PROVIDING FOR THE
COLLECTION OF COSTS A/gD DISBURSEMENT OF FUNDS BY THE
CLERK TO THE SHERIFF; PROVIDING THE RESPONSIBILITIES OF
THE SHERIFF; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
(4) Recommendation to consider the adoption of an Ord. 96-87 Adopted 5/0
Ordinance amending Collier County Ordinance No. 91-24 by
extending the moratorium prohibiting the installation of
drainage culverts including pipes or other appurtenances
within the swales in the public right-of-way of the area
generally known as Naples Park until June 30, 1997.
(5) Petition AV 96-020 to vacate all public roadways Res. 96-592/CWS-96-15
located on Royal Wood Golf and Country Club Unit 1, as Adopted 4/1 (Comm. Mac'Kie
recorded in Plat Book 15, pages 16 thru 18, inclusive, opposed)
Royal Wood Golf and Country Club Unit 2, as recorded in
Plat Book 15, pages 19 and 20; and Royal Wood Golf and
Country Club Unit 3, as recorded in plat book 15, pages
95 and 96: all of the public records of Collier County,
Florida. (continued from 12/10/96 meeting)
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December 17, 1996
(6) Ordinance amending Collier County Ordinance No. Ord. 96-88 - Adopted 5/0
72-01, as amended, which created the Collier County
Lighting District by adding Queens Park at Lago Verde
Phases 7 & 8 and Sabal Lake Phase 2 to the Collier County
Lighting District.
Continued to 1/7/97
(7) Recommendation that the Board of County Commissioners Continued to 1/7/97
approve the Interlocal Agreement between Collier County
and the independent fire districts within Collier County.
(8) Recommendation that the Board of County Commissioners Res. 96-593 - Adopted with
adopt a Resolution setting forth its intent to use the changes 5/0
uniform method of collecting non-ad valorem assessments
for interim governmental services fees within the
unincorporated area and the incorporated areas of Collier
County.
(9) Proposed amendment to Resolution 95-642 which Res. 96-594 - Adopted -
established a fee schedule of development related review 5/0
and processing fees as provided for in Division 1.10 of
the Collier County Land Development Code.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-96-26, Suzanne Charnock of the South Res. 96-595 - Adopted 5/0
Florida Water Management District, requesting a 25 foot
variance from the required 50 foot front yard setback to
25 feet for property located at 6167 Janes Lane, Parcel
238 (J & C Industrial Park) in Sec. 22, T49S, R25E.
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMTJNICATIONS
A. Discussion regarding Job Announcement and Description re Discussed
County Manager's position.
B. Discussion regarding converting gas to electricity for County Manager to check
landfill into the issue of Staff
not bringing this matter
to the BCC.
15. STAFF'S COMI~UNICATIONS
A. Revision to Public Purpose Ordinance Staff directed to amend
the ordinance
16.
CONSENT AGENDA
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December 17, 1996
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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation that the Board of Collier County
Commissioners approve a Satisfaction of Lien for Public
Nuisance Resolution 96-344.
(2) Recommendation that the Board of Collier County
Commissioners approve a Satisfaction of Lien for Public
Nuisance Resolution 96-348.
(3) Recommendation that the Board of Collier County
Commissioners approve a Satisfaction of Lien for Public
Nuisance Resolution 96-115.
(4) Recommendation to approve the final plat of "Pelican with Stipulations and
Strand". Construction and
Maintenance Agreement
(5) Recommendation that the Board of County Commissioners
authorize the Chairman to sign the Ratification of
Agreement for 100% deferral of Collier County impact fees
with East Ridge Partners, Ltd., a Florida Limited
Partnership.
(6) Recommendation to approve for recording the final with Stipulations and
plat of "Sapphire Lakes Phase 3B". Construction and
Maintenance Agreement
(7) Recommendation to grant final acceptance to the Res. 96-583
roadway, drainage, water, and sewer improvements for the
final plat of "Crystal Lake RV Resort, Phase Four".
(8) Recommendation to approve for recording the final with Stipulations and
plat of "Timarron Unit One". Construction and
Maintenance Agreement and
Letter of Credit
(9) Recommendation to approve for recording the final with Stipulations and
plat of "Silver Lakes Phase 2C" Construction and
Maintenance Agreement and
Letter of Credit
(10) Recommendation to grant final acceptance of the Res. 96-584
roadway and drainage improvements for "Safe Harbor".
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December 17, 1996
(11) Water and sewer facilities acceptance for Carlton with Stipulations
Lakes, Phase 1-A.
(12) Recommendation to approve for recording the final with Stipulations, Letter
plat of "Timarron Unit Two". of Credit and Construction
& Maintenance Agreement
B. PUBLIC WORKS
(1) Recommendation to approve a budget amendment for
legal services in the case of Westwind Contracting
Company vs. Collier County, Immokalee Road Four-laning
Project.
(2) This item has been deleted.
(3) Request for Board approval of a revised strategy for
the implementation of the Lely Area Stormwater
Improvement Project.
(4) Approve a Change Order for performance of additional
services under the Professional Services Agreement with
Coastal Engineering Consultants, Inc. for the Marco
Island Beach Renourishment Project.
(5) Recommendation to approve an agreement to the Road
Impact Fee Contribution Agreement with the developers of
Carlton Lakes for additional cost in building a segment
of Livingston Road.
(6) Resolution designating the Interim Public Works Res. 96-585
Administrator as authorized Owner Signee for the Collier
County Water-Sewer District, the Marco and Sewer District
and the Goodland Water District for execution of routine
documents related to Public Works matters.
(7) Approve a Change Order to Contract No. 95-2391, Marco In the Amount of
Island Segmented Breakwater. $63,333.15 with Kelly
Brothers
(8) Water Management Fair Share Contribution Agreement
with Tarport Cove PUD.
(9} Request to reject a portion of Bid Award #96-2580 and
re-award that portion of the bid to Sunstate Meter
Company.
(10)Approval of an emergency purchase for one Radicon To Horvath Electric
Gear Drive Unit. Motors, Inc. in the amount
of $24,915
(ll)Recommendation that the Board of County Commissioners
Award Bid No. 96-2576 for an "All Terrain Excavator" in
the amount of $191,105 to Pioneer Hydraulic Systems,
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December 17, 1996
Clearwater, Florida.
(12)Recommendation to adjust Water Management CIP Budget
(325) to reflect revisions in capital program.
(13)Approve budget amendments recognizing carry forward
amounts from FY 96 for road projects in funds 313, 331,
333, 334, 336, 338, 339, & 340.
C. PUBLIC SERVICES
(1) Recommendation that the Board of County Commissioners To Varian Construction Co.
approve a change order for Golden Gate Community Center
improvements in the amount of $2,250.
(2) Recommendation that the Board of Collier County In the amount of $7.00 per
Commissioners authorize the rental of boat slips at the boat foot
Cocohatches River Park.
D. SUPPORT SERVICES
(1) This item deleted.
(2) Recommendation for the BCC to approve a resolution Res. 96-586
ratifying specific expenditures at the Collier County
Employee Picnic as serving a valid public purpose.
E. COUNTY MANAGER
(1} This item has been deleted.
(2) Recommendation to amend the Airport Authority FY
96/97 Capital Improvement Program Fund (496).
(3) Request the County Commissioners authorize the County
Manger to approve consent/emergency items during the
Board's recess - December 30, 1996 through January 6,
1997.
(4) Recommendation that the Board of County Commissioners
waive the competetive process and authorize the
procurement of environmental services to assist in the
development of the Long Term Clam Bay Restoration Plan
and to complete the Short Term recommendations for the
Clam Bay system.
(5) Budget Amendment Report. BA 97-051; 97-052; 97-061;
and 97-069
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1. Certificate of Correction: NEED MOTION authorizing
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December 17, 1996
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. 93-6349-MMA,
96-2049-MMA, 96-7153-MMA, 95-899-CJA, 96-8199-MMA,
96-8372-MMA, 96-8048-MMA, 96-8221-MMA, 96-1418-CFA,
92-6808-MMA, 96-1962 -MMA, 96-6856-MMA, 96-7620-MMJ~,
91-81-CFA, 94-2162-MMA, 94-2632-MMA, 94-2632-MMA, and
96-584-CFA. RECOMMEND APPROVAL.
3. Miscellaneous Items to File For Record With Action As
Directed
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
1. Approval of a Resolution authorizing the Housing Res. 96-587
Finance Authority of Lee County to issue single family
mortgage revenue bonds in cooperation with the Collier
County Housing Finance Authority, a portion to be used to
finance qualifying loan programs in collier County and to
approve a Resolution authorizing the Lee Authority to
operate in collier County for this program and to
authorize the Collier Authority to enter into an
interlocal agreement with the Lee Authority for these
purposes.
17. ADJOURN
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December 17, 1996