Recap 12/12/1995 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, December 12, 1995
9500 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING.
REQUESTS TO/U]DRESS 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 1500 P.M.
1. INVOCATION
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA Approved and/or adopted
5/0
A. Approval of consent agenda. Approved and/or adopted
5/0
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
Added
Proclamation recognizing Ashbritt, Inc. for a donation to Adopted 5/0
the Guardian Ad Litem Program
1
B. Service Awards Presented
James Eliopoulos Transportation 10 years
Alamar Smiley Building Review & Permitting 10 years Not Present
Barbara Manning Utilities/Water 5 years Not Present
Terrance Sumpter Transportation 5 years
C. Presentations
(1) Recommendation to recognize Luz H. Peitri, Public Recognized
Services Division, as Employee of the Year for 1995.
6. APPROVAL OF CLERK'S REPORT
A.ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund (001) {FY 94-95}
2. Community Development Fund (113) (FY 94-95)
3. Facilities Construction Fund (301) {FY 94-95)
B. 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. COUlVTYMANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
(1) This item has been deleted.
(2) Recommendation that the Board of County Commissioners Approved in the amount of
waive normal purchasing procedures and authorize staff to $61,230 - 5/0
enter into a purchase agreement with Better Roads, Inc.,
to mill 78,500 S.Y. of Goodlette-Frank Road prior to
resurfacing.
(3) This item has been deleted.
(4) This item has been deleted.
(5) Report with recommendation of approval to initiate a To continue for next
Collier County Urban Area Taxing District for median budget year to fund medium
landscape design/construction/operation maintenance through the
2
General Fund and this item
to be brought back again
next week - 5/0
(6) Resolution acknowledging release of reservation by Res. 95-688 - Adopted 4/0
Lone Oak, Ltd. of utility easement located on Lots 4 and (Commissioner Mac'Kie
5, Block B, on the plat of Lexington at Lone Oak, Unit 1. abstained)
Moved from Item #16B1
(7) Request Board approval to increase Naples Park Approved in the amount of
Drainage Project Purchase Order. $19,541 - 5/0
C. PUBLIC SERVICES
1) Recommendation that the Board of Collier County Approved - 5/0
Commissioners approve a lease agreement with the Florida
Department of Health and Rehabilitative Services (HRS),
Collier County Public Health Unit (CCPHU), for use of
County office space by the CCPHU.
(Continued from 12/05/95 meeting.)
Withdrawn
(2) Recommendation that the Board of County Commissioners Withdrawn
review a report regarding expansion of beach and boat
launch sites and direct staff to sell the County property
on Bluebill Avenue, and to create a fund for acquiring
and expanding beach and boat ramp sites.
Moved from Item #16C1
(3) Recommendation that the Board of County Commissioners Approved - 5/0
approve participation in the Home Care for the Elderly
Program, the related staff change, and sign the contract
between the Area Agency on Aging and Collier County
Services for Seniors, and approve the associated budget
amendment.
D. SUPPORT SERVICES
E. COUNTY MANAGER
(1) Funding for Marco Island Chamber of Commerce and Approved - 5/0
Naples Area Tourism Bureau with Category B, Advertising
and Promotion, Tourist Development Revenue.
(2) Consider request for Category C Tourist Development Staff recommendation -
Grant for Fillabelly Foundation, Inc. Approved w/stips. 5/0
9. COUNTY ATTORNEY'S REPORT
A. Recommendation to approve the proposed amended settlement Approved - 5/0
agreement in the matter of Benedict P. Miralia, Trustee
v. Collier County, Case No. 90-2910-CA-01 for property
located in Section 32, Township 48 South, Range 25 East,
3
Collier County, Florida.
B. Adoption of a Resolution approving the issuance by the Res. 95-689 Adopted 5/0
Collier County Industrial Development Authority of
refunding revenue bonds for the purpose of refunding
certain outstanding bonds issued by the Collier County
Development Authority and the industrial development
authorities of certain other counties.
C. Recommendation that the Board of County Commissioners Approved 5/0
consider participation in the Florida Association of
Counties Legal Defense Fund.
1O. BOARD OF COUNTY COMMISSIONERS
Added
A. Request for endorsement of revised St. Matthew's House Continued to 12/19/95 -
Grant Application. (Commissioner Mac'Kied) 3/2 (Commissioners
Matthews & Mac'Kie
opposed)
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
B. ZONING AMENDMENTS
(1) Petition PUD-95-7, Karen K. Bishop of Project Withdrawn at request of
Management Services, Inc., representing Black Forest Petitioner
Development Corporation, requesting a rezoning of certain
defined property as herein described from RSF-3 and RMF-6
to PUD (Moonlight Cove) for property located
approximately 1/3 of a mile south of Thomasson Drive
fronting on the west side of Bayshore Drive located on
the south 1/2 of Lot 65 and Lot 66, Sec. 23, T50S, R25E,
consisting of 15+ acres.
(2) Petition R-95-7, Dr. Neno Spagna, President, Florida Ord. 95-73 Adopted with
Urban Institute, Inc., representing James P. Nebus, stipulations 5/0
Trustee, and Ivey Jean Nebus, Trustee, requesting a
rezone from "A" to "TTRVC" for property adjacent to Rock
Creek Campground, 3100 North Road in Sec. 2, T50S, R25E,
consisting of 3.5 acres. (Companion to Agenda Item
13A.(2)
(3) Petition PUD-95-10, George L. Varnadoe, Esquire, of Ord. 95-74 - Adopted 5/0
Young, VanAssenderp & Varnadoe, P.A., representing U.S.
Home Corporation requesting a rezone from "PUD" Planned
Unit Development to "PUD" Planned Unit Development, "A"
Rural Agricultural, RSF-4 Single Family Residential and
RMF-12 (10) Residential Multiple Family all to "PUD"
Planned Unit Development for a project to be known as
Naples Heritage Golf and Country Club (includes former
Shamrock Country Club) for a mixed residential/golf
course and country club development strategy located
south of Davis Boulevard (S.R. 84) and west of C.R. 951
in portions of Secs. 4, 9 and 10, T50S, R26E, consisting
of 558 acres, more or less.
(4) Petition R-95-8, Dwight Nadeau of McAnly & Ord. 95-75 - Adopted with
Associates, P.A., representing Earl Frye requesting a stipulation that there are
rezone from C-3 Commercial Intermediate District to no boat docks being
RMF-16 Residential/Multiple Family 16 District for included in this petition
property located at 4975 Bonita Beach Road (C.R. 865) in 5/0
Sec. 5, T48S, R25E, consisting of 2.93 acres, more or
less.
(5) Petition PUD-95-11, Susan Hebel Watts of WCI Ord. 95-76 Adopted 5/0
Communities Limited Partnership requesting a rezone from
RSF-4 to PUD to be known as Tarpon Cove for 389 single
family/multi-family units located on the northwest corner
of Wiggins Pass Road (C.R. 888) and Tamiami Trail North
(U.S. 41) in Sec. 16, T48S, R25E, consisting of 97.28±
acres.
(6) Petition PUD-93-10(1), Tom Killen representing Ord. 95-77- Adopted 5/0
Leawood Lakes Development Corporation, requesting a
rezone from PUD to PUD for the purposes of amending the
Leawood Lakes PUD for property located on the south side
of Radio Road approximately one and one-half miles east
of Airport-Pulling Road in Sec. 6, T50S, R26E.
C. OTHER
(1) Request that the Board of County Commissioners Continued
approve a Resolution authorizing submission of an
application to the Department of Community Affairs for
Community Development Block Grant Funds to assist with
water, sanitary sewer, storm drainage and street
improvements in Shellabarger Mobile Home Park and a
portion of Bullard Subdivision, both of which are located
in Immokalee. (Continued).
(2) Petition SNR-95-4, Gary Butler representing Republic Res. 95-691 Adopted with
Development Corporation requesting a street name change stipulation 5/0
for that portion of Briarwood Boulevard running east-west
between Briarwood Boulevard and the east boundary to be
named Vintage Lane in the Briarwood PUD, Unit Three, in
Sec. 31, T49S, R26E.
5
Added
(3) Request that the BCC approve a Resolution authorizing Res. 95-692 - Adopted 5/0
submission of an application to the Dept. of Community
Affairs for community development block grant funds to
assist with water, sanitary sewer, storm drainage and
street improvements in Shellabarger Mobile Home Park and
a portion of Bullard Subdivision (Immokalee).
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-95-17, Richard D. Yovanovich of Young, Res. 95-693 - Adopted with
VanAssenderp & Varnadoe, P.A., representing John Ebert stipulations 5/0
requesting Conditional Uses "17" (Golf Driving Range) and
"19" (Sports Instructional School) of the "A" Rural
Agricultural Zoning District for property located at the
southeast corner of Pine Ridge Road and Livingston Road
in Sec. 18, T49S, R26E, consisting of 17.5 acres, more or
less.
(2) Petition V-95-21, Dr. Neno J. Spagna, President, Res. 95-690 - Adopted 5/0
Florida Urban Institute, Inc., representing James P.
Nebus, Trustee, and Ivey Jean Nebus, Trustee, requesting
25 foot variances to the perimeter setbacks of 50 feet to
25 feet for property contiguous to 3100 North Road,
further described as the east 238 feet of Lots 21 and 22,
Naples Grove and Truck Company Little Farms #2, Sec. 2,
T50S, R25E. (Companion to Agenda Item 12B.(2).
B. OTHER
(1) Relating to Petition CU-94-20 for a first extension Res. 95-694 - Adopted 5/0
of conditional use for property located on Bailey Lane
west of Airport Road, midway between Pine Ridge Road and
Golden Gate Boulevard.
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
15. STAFF'S COMMUNICATIONS
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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation to accept the security for Excavation Letter of Credit
Permit No. 59.553 "Briarwood, Unit Three", located in
Sec.31, T49S, R26E.
(2) Recommendation that the Board of County Commissioners
approve Lien Resolutions for the following:
(a) Code Enforcement Case No 20220-018; owner of Res 95-673
record - Noreen A. Connor.
(b) Compliance Services Case NO 50509-075; owner of Res 95-674
record - Mario H. Burnett.
(c) Compliance Services Case No 50518-065; owner of Res 95-675
record - The New York Times Co.
(d) Compliance Services Case No 50524-034; owner of Res 95-676
record - Brian Miller.
(e) Compliance Services Case No 50615-058; owner of Res 95-677
record - Jacqueline Anne Eichen.
(f) Compliance Services Case No 50629-002; owner of Res 95-678
record - Edward J. Pelc & Laverda Pelc.
(g) Compliance Services Case No 50630-016; owner of Res 95-679
record - Mindy A. Jordan.
(h) Compliance Services Case No 50703-012; owner of Res 95-680
record - Adela Miazga.
(i) Compliance Services Case No 50711-026; owner of Res 95-681
record - Phillip Pierre, Hendrick Matthew.
(j) Compliance Services Case No 50711-057; owner of Res 95-682
record - Phillip Pierre, Hendrick Matthew.
(3) Recommendation that the Collier County Board of
County Commissioners approve the Satisfaction of Lien for
Resolution 95-79.
(4) Recommendation that the Collier County Board of
County Commissioners approve the Satisfaction of Lien for
Resolution 94-472.
(5) Recommendation that the Collier County Board of
County Commissioners approve the Satisfaction of Lien for
Resolution 95-80.
(6) Recommendation that the Collier County Board of
County Commissioners approve the Satisfaction of Lien for
Resolution 89-71.
7
(7) Recommendation to approve for recording the final
plat of "Replat of Part of Wiggins Bay, Phase 1"
(8) Recommendation to approve for recording the final
plat of "progress/Commercial Park".
(9) Sewer facilities acceptance for Grey Oaks, Unit Six, Cash Bond
Phase One.
(10) Recommendation to approve for recording the final Res. 95-683
plat of "Lakeside Apartments Subdivision".
(11) Water and sewer facilities acceptance for Longshore
Lakes, Phase 5 B-1.
(12) Water facilities acceptance for Pine Air Lakes, Phase Cash Bond
One-A.
B. PUBLIC WORKS
Moved to Item #16B7
(1) Request Board approval to increase Naples Park Moved to item #8B7
Drainage Project Purchase Order.
(2) Recommendation that the Board approve Contract
Amendment No. 1 to its Agreement with Environmental Care,
Inc. for the grounds maintenance on Marco Island Bid No.
95-2418, and authorize a new ten percent (10%) change
order limit for future change orders.
(3) Recommendation to approve yard waste processing
services at the Naples and Immokalee landfills as
provided under the Landfill Operating Agreement with
Waste Management of Florida, Inc.
(4} Request the Board review and approve a refund of an
overpayment of Road Impact Fees in the amount of
$8,126.69 for Royal Palm, Builders for the removal of
excess fill material from the Breakwater Project in
Pelican Bay.
(5) Request for Board approval for the County to assume
the maintenance responsibility for the Winter Park
Outlet/Glades drainage ditch.
(6) Recommendation to award Bid #95-2454 for Awarded to Calciquest,
Orthophosphate/Polyphosphate. Inc.
(7) This item has been deleted.
(8) Recommendation to award Bid #95-2440 for carbon To Astor Chemical co. as
dioxide. primary bidder in the
amount of $19,630.
8
(9) Approval of budget amendments to transfer funds
within the Water Department to establish a new cost
center.
(10) Approval of FY95 funding for completion of Water
Department maintenance projects initiated in FY95.
(11) Recommendation to adopt the Corridor Plan for the
proposed Livingston Road (Radio Road to Immokalee Road),
and direct staff to conduct public workshops and issue a
public notice.
(12) Recommendation to award Bid #95-2446 for pumps and Awarded to Horvath
motors, parts and repairs. Electric Motors
(13) Authorization to continue the use of Bioxide for
control of hydrogen sulfide odor.
(14) This item has been deleted.
(15) Recommendation to construct four large meters.
C. PUBLIC SERVICES
Moved to Item #8C3
(1) Recommendation that the Board of County Commissioners Moved to Item #8C3
approve participation in the Home Care for the Elderly
Program, the related staff change, and sign the contract
between the Area Agency on Aging and Collier County
Services for Seniors, and approve the associated budget
amendment.
(2) Recommendation that the Board of County Commissioners Res. 95-684
of Collier County approve a revised Collier County Public
Library fines and fees schedule.
D. SUPPORT SERVICES
(1) Recommendation that the Board of Commissioners
approve changes to the Collier County Group Health
Insurance Plan.
(2) To recommend the award of Bid No. 95-2453 by the
Board of County Commissioners approving two appraisal
firms for the appraisal of Golden Gate Estates Land Trust
Properties.
(3) This item has been deleted.
(4) Recommendation that the Board of County Commissioners
approve work order #BSW-96-4 under the Annual Agreement
for Professional Architectural Services related to the
addition to the General Services Building (Building W).
(5) Recommendation that the Board of County Commissioners
approve a Lease Agreement between Big Corkscrew Island
Fire Control & Rescue District and Collier County for
utilization of a portion of Fire Station Number Ten to be
used by the Emergency Medical Services Department.
(6) Recommendation that the Board of County Commissioners
approve the purchase of a software system for the billing
of ambulance transports, and authorize the necessary
budget amendments.
(7) Recommendation that the Board of County Commissioners
approve budget amendments necessary to complete the
purchase of software and hardware for the Solid Waste
Mandatory Collection and Disposal Special Assessment.
(8) Recommendation to approve and execute the
Satisfaction of Claim of Lien.
(9) Recommendation to approve and execute the
Satisfactions of Notice of Promise to Pay and Agreement
to extend payment of Sewer System Impact Fees.
10) Recommendation that the Board of County Commissioners Res. 95-695
approve Certificates of Correction to the 1991 Solid
Waste Collection and Disposal Special Assessment Roll,
authorize the Chairman to sign the Certificates on behalf
of the Board of County Commissioners, and authorize
refunds as appropriate.
11) Recommendation that the Board of County Commissioners
approve Certificates of Correction to the 1994 and 1995
Solid Waste Collection and Disposal Special Assessment
Roll, authorize the Chairman to sign the Certificates on
behalf of the Board of County Commissioners, and
authorize refunds as appropriate.
12) Recommendation that the Board of County Commissioners Res. 95-685 & Res. 95-686
approve Certificates of Correction to the 1992 and 1993
Solid Waste Collection and Disposal Special Assessment
Rolls, authorize the Chairman to sign the Certificates on
behalf of the Board of County Commissioners, and
authorize refunds as appropriate.
E. COUNTY MA/qAGER
(1) Approval of Budget Amendments. BA 96-119; 96-122 & 96-126
F. BOARD OF COUNTY COMMISSIONERS
G0 MISCELLANEOUS CORRESPONDENCE
(1) Certificate for Correction: NEED MOTION authorizing
the Chairman to sign Certificate for Correction to
10
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) A corrective resolution consenting to the transfer Res. 95-687
and control of cable television franchise from Florida
Cablevision Management Corporation to Time Warnet, Inc.
17. ADJOURN
11