Recap 05/11/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May 11, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE
ADD RE S S ED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS}, REGISTER WITH THE
CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR 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 CHAIRWOMAN.
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 - Reverend Paul Jarrett, Naples Church of Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or adopted with changes - 5/0
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
May l 1, 1999
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented - 5/0
A. April 13, 1999 - Regular Meeting
B. April 13, 1999 - Workshop
C. April 20, 1999 - Workshop
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the week of May 22-28, 1999 as
National Safe Boating Week. To be accepted by Lt/C.
Arch D. Ward, Executive Officer, Naples Power Squadron
Adopted - 5/0
2) Proclamation proclaiming the week of May 16-22, 1999 as
Emergency Medical Services Week. To be accepted by Ms.
Diane Flagg, Chief, Emergency Medical Services
Adopted and Phoenix Awards Presented - 5/0
3) Proclamation proclaiming the week of May 16-22, 1999 as
Law Enforcement Appreciation Week. To be accepted by
Sheriff Don Hunter, Collier County Sheriff's Office
Adopted - 5/0
4)Proclamation recognizing Elwood Witt, Sr.
Adopted - 5/0
5) Proclamation proclaiming the week of May 9-15, 1999 as
Rotary International Group Study Exchange Week. To be
accepted by Mr. George Drobinski, District 6960 Group
Study Exchange Chairman, Rotary International
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) David Gigee, Road & Bridge 20 Years
2) Steven Dornbusch, Wastewater Dept. - 10 Years (Not
Present)
3) Donnal Holm, Revenue Services Dept. - 10 Years
4) Arthur Drury, Jr., Road & Bridge - 5 Years
5) Gordon Hazen, Parks & Recreation Dept. - 5 Years
6) Thomas Walsh, Water Dept. - 5 Years (Not Present)
7) Susan Kolanda, Pollution Control - 5 Years (Not
Present)
8) Mark Linsay, Road and Bridge - 5 Years
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May 11, 1999
C. PRESENTATIONS
1) Recommendation to recognize Julio Torres, Customer
Service Representative II, Public Works Engineering
Department, as Employee of the Month for May 1999.
Recognized
2) Presentation of the Family Friendly Workplace
Designation Award from the Naples Alliance for
Children to be Presented by Myra Shapiro, Naples
Alliance for Children President.
Presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
7. PUBLIC PETITION
A. Ms. Terri Ellison representing Waldon Oaks Homeowners
Association regarding a speeding problem.
Staff to prepare agreement and present same as a regular
agenda item (Consensus)
B. Mr. Richard Vetter regarding Westview Plaza PUD landlocking
of lots.
Staff to investigate and come back (Consensus)
8. COUNTY ADMINISTRATOR'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Progress report from the Comprehensive Plan Standards
Ad Hoc Committee
Committee Report Accepted 3/2 (Commissioners Mac'Kie
and Carter opposed}. Urban Density Reduction -
Approved 3/1' (Commissioners Mack,Kie opposed and
Commissioner Constantine out). Special meeting to be
held May 18, 1999 re rural policy (Consensus)
2) Report to the Board on the Transportation Element of
the Collier County Growth Management Plan.
Continued - 5/0
3) Request by Attorney John E. Spiller to waive LDC
requirements for a Site Improvement Plan (SIP) for
existing improvements on various properties located in
Immokalee, Florida, and to amend the LDC to provide for
an administrative exemption from Site Development Plan
or Site Improvement Plan submittal.
3
May 11, 1999
Staff Recommendation upheld - 3/2 (Commissioners
Mac,Kie and Berry opposed)
B. PUBLIC WORKS
1) Approve an inter-fund transfer to the Immokalee MSTU to
complete the Immokalee Main Street Beautification
Project and designate CR 846 and SR 29 as gateways into
Collier County. (Companion item to 8{B)(2), Bid No. 99-
2921)
Approved - 4/0 (Commissioner Carter out)
2) Award Bid No. 99-2921 for the Immokalee MSTU (Phase II-
B) Median Landscape Improvements along S.R. 29 to
Hannula Landscaping, Inc. (As a companion item to
Funding Report under Section 8(B)(1) of the agenda).
Approved - 4/0 (Commissioner Carter out)
3) Approve an Agreement for sale and purchase for property
required to provide for a Stormwater Management Pond in
the Gateway Triangle area.
Approved - 4/0 (Commissioner Carter out)
4) This item has been deleted.
5) Adopt a Resolution authorizing the Acquisition by Gift,
Purchase or Condemnation of road right-of-way,
sidewalk, slope, utility, drainage, maintenance and
temporary driveway restoration interests by easement
and/or fee simple title interests for Pine Ridge Road
between Airport-Pulling Road (C.R. 31) and Logan
Boulevard CIE No. 41.
Res. 99-228 Adopted - 4/0 (Commissioner Carter out)
6) Approve a Resolution to create the Golden Gate Parkway
Water and Wastewater MSBU District.
Res. 99-229 Adopted - 4/0 (Commissioner Carter out)
C. PUBLIC SERVICES
1) CONTINUED FROM 4/27/99 MEETING: Review of documents
necessary to create a Collier County Community Health
Care Committee.
Res. 99-230 Adopted w/changes 5/0
2) Authorization to negotiate the sales price of property
adjacent to the Golden Gate Community Center (GGCC) and
appoint a Commissioner to act as a liaison to assist
with the negotiation of the price.
4
May 11, 1999
Staff recommendation Approved; Commissioner Constantine
to handle negotiations - 5/0
3) Approve an agreement for sale and purchase for the
purpose of acquiring Tract "D" of Roberrs Ridge,
"Roberts Ranch", Immokalee.
Approved w/stipulations - 5/0
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
Moved from Item #16E1
1) Approval of membership in the National Association of
Counties.
Approval to reinstate membership - 3/2 (Commissioners
Norris and Constantine opposed)
F. EMERGENCY SERVICES
G. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board authorize the office of the
County Attorney to work jointly with the Clerk of the
Circuit Court to take all appropriate action to recover any
monies owed to the County by Southwest Florida Drama, Inc.
or other entities or persons as a result of the grant of
Tourist Tax funds for the Epic Drama proposal.
Approved - 5/0
10. BOARD OF COUNTY COMMISSIONERS
Continued
A. CONTINUED FROM 4/27/99 MEETING: Appointment of members to
the Health Facilities Authority.
B. Replacement of Ad Hoc Committee member.
Res. 99-231 appointing John Wiseman Adopted - 5/0
C. Recommendation to declare a vacancy on the Public Vehicle
Advisory Committee.
Res. 99-232 - Adopted 5/0
D. Item regarding employment o£ County Administrator.
Res. 99-233 to terminate County Administrator- Adopted 3/2
(Commissioners Carter and Berry opposed; and to come back on
5/25/99
5
~4ay ] ]2 1999
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners sign
the Certification of Acceptance for the State of
Florida STOP Violence Against Women Grants Program
Subgrant Award #99-DV-Cl-Og-21-Ol-OOg/Domestic Violence
Unit Project in the amount of $91,125.
Approved - 5/0
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
1. Mr. Rodriguez re di£ferent organizations in Collier County
2. David Shealy re promoting South Florida
3. Frank Laney re English only in Collier County
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition R-99-04, Richard D. Yovanovich of Goodlette
Coleman & Johnson, P.A., representing Naples Dinner
Theater Associates, LTD. requesting a rezone from C-1
to C-3 for property located on the north side of Piper
Boulevard immediately west of Cypress Way, further
described as Block B, Palm River Estates Unit 4, in
Section 23, Township 48 South, Range 25 East, Collier
County, Florida, consisting of .77+/-acres.
Ord. 99-32 -Adopted with changes- 4/1 (Commissioner
Carter Opposed}
2) CONTINUED FROM THE APRIL 27, 1999 MEETING. PUD-93-
01(4), George L. Varnadoe of Young, van Assenderp &
Varnadoe, P.A. representing WCI Communities L.P. for an
amendment to the Pelican Marsh PUD for the purposes of
adding specific regulations for boundary and project
signage; making provisions for fifty (50) special
residential dwelling that may function as rental units
in conjunction with the hotel or golf course; and
revising the authorized amount of commercial
development in the activity center district for
property bordered on the west by Tamiami Trail North
(U.S. 41), on the east by the future Livingston Road,
and on the south by Vanderbilt Beach Road in sections
May 1 I, 1999
25,27,34,35, and 36, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 2072.88 + acres.
(COMPANION TO DOA-99-01)
Ordinance 99-33 - Adopted with stipulations 5/0
Moved from Item #17A:
3) Petition R-99-2, D. Wayne Arnold, AICP, of Wilson,
Miller, Barton & Peek, Inc. representing M.J. Zuidema,
Trustee for Land Trust #500967, requesting a rezone
from "A" rural agricultural to "C-4" for property
located on the east side of U.S. 41 North, north of the
intersection of U.S. 41 and Old U.S. 41, in Section 9,
Township 48 South, Range 25 East, consisting of 7.9 +/-
acres.
Ordinance 99-34 - Adopted with stipulations 5/0
C. OTHER
1) CONTINUED FROM THE APRIL 27, 1999 MEETING. DOA-99-01
George L. Varnadoe of Young, van Assenderp & Varnadoe,
P.A. representing WCI Communities L.P. for an amendment
to the Pelican Marsh Development of Regional Impact
(DRI) Development Order No. 95-01, as amended, for the
purpose of increasing the authorized amount of retail
floor space by 57,500 square feet of GFA, an increase
of fifty (50) hotel rooms, and a reduction in medical
office space of 25,000 square feet of GFA, for property
bordered on the west by Tamiami Trail North (U.S. 41),
on the east by the future Livingston Road, and on the
south by Vanderbilt Beach Road in Sections
25,27,34,35,& 36, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 2072.88+ acres.
(COMPANION TO PUD-93-01-(4))
Development Order 99-2/Resolution 99-234 - Adopted with
stipulations 5/0
2) Adopt an Ordinance Amending Ordinance No. 97-37, the
Reclaimed Water System Ordinance; by adding Subsection
B to Section Twenty-three, Customer's On-site Reuse
System; to establish policy regarding rates that the
County's Reclaimed Water customers may utilize to pass-
through direct costs to individual end users; providing
for inclusion into the Code of Laws and Ordinances;
providing for Inclusion into the Code of Laws and
Ordinances; providing for Conflict and Severability;
providing an Effective Date.
Ordinance 99-35 - Adopted 4/0 (Commissioner Carter out)
3) Petition VAC-009 to renounce and disclaim all rights
and interests of the County and public access
(ingress/egress) and travel upon the following roadways
7
Mayll, 1999
located within Foxfire Subdivision and Planned Unit
Development: those roadways depicted and described in
the Plat of Foxfire Unit One , Plat Book 13, Pages 84
through 86 and Foxfire Unit Three, Plat Book 13, Pages
101 through 103, Public Records of Collier County,
Florida; providing for the continuing and unaffected
rights of easement holders, emergency medical and fire
services, Collier County water management vehicles and
personnel, Collier County Transportation vehicles,
personnel, and permitting, and Collier County water-
sewer district vehicles and personnel; providing an
effective date. (COMPANION TO 12 C 4)
Resolution 99-235 - Adopted 5/0
Ordinance amending Collier County Ordinance No. 72-1,
as amended, which created the Collier County Lighting
District by removing Foxfire Unites 1 & 3 from the
Collier County Lighting District. (Companion Item to
12(C)(3) Petition VAC-99-009, Vacation of Platted
Rights-of-Way in Foxfire Units One, Two and Three).
Ordinance 99-36 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition CU-99-4 Collier County Community Development
and Environmental Services Division representing the
Board of County Commissioners requesting the approval
of a Conditional Use for boat docks as a permitted
principal use in the "RSF-4" residential single family
zoning district for a property located on the south
side of 3rd Street West and is further described as
Lots 1 through 11, Block H, Little Hickory Shores Unit
#3, Replat, Collier County, Florida.
Resolution 99-236 - Adopted 5/0
2) Petition NUC-99-01 Thomas E. Conrecode of the V Group
of Florida, Inc., representing American Funding and
Service Corporation, requesting a change in use from a
school to an indoor flea market for property located at
6800 Golden Gate Parkway in Collier County, Florida.
Denied 5/0
B. OTHER
STAFF' S COMMUNICATIONS
A. Commissioner Constantine to work with County Attorney re the
Lely Homeowners Association Lawsuit Mediation.
8
May 11, 1999
B. Commissioner Berry regarding Gate at 1-75 and Everglades
Blvd. For emergency purposes during evacuations.
15. BOARD OF COUNTY COMMISSIONERS' COHMUNICATIONS
16. CONSENT AGENDA - All matters listed under this item are
considered to be routine and action will be taken by one motion
without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be removed
==9~ th9 Consent Aaenda and considered separately.
Approved and/or Adopted with changes - 5/0
A. COM}TUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Adopt an interlocal agreement between Collier County
and the City of Naples to provide for a Floodplain
Management (FE~A) Coordinator.
2) Satisfaction of Lien for Public Nuisance - Resolution
99-106
3) Award of Bid #99-2922 for artificial reef construction.
To Kelly Brothers, Inc. for the construction of the
Marco Island 5 mile artificial reef in the amount of
$25,000.00
4) Request to approve for recording the final plat of
"Ventura, Phase One" and approval of the standard form
Construction and Maintenance Agreement and approval of
the performance guarantee.
With Construction and Maintenance Agreement,
Performance Security and stipulations
5) Request to approve for recording the final plat of
"Ventura, Phase Two" and approval of the standard form
Construction and Maintenance Agreement and approval of
the amount of the performance security.
With Construction and Maintenance Agreement,
Performance Security and stipulations
6) Adopt resolution approving transfer of Florida Cities
Water Company - Golden Gate Utility System to the
Florida Governmental Utility Authority as recommended
by the Collier County Water and Wastewater Authority.
Res. 99-225
7) This item has been deleted.
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May 11, 1999
8) Budget amendment for the Shellabarger Park
Infrastructure Improvement Project.
9) Request to approve for recording the final plat of
"L'Ermitage II at Grey Oaks" and approval of the
Standard Form Construction and Maintenance Agreement
and approval of the amount of the performance security.
With Construction and Maintenance Agreement,
Performance Security and stipulations
B. PUBLIC WORKS
1) Approve Change Order related to the North County
Regional Water Treatment Plant 8-MGD Expansion, Bid 97-
2690R, Project 70859/70828.
In the amount of $353,437.15
2) Recommendation that the Board terminate the Contract
with J & J Baker Enterprises, Bid No. 98-2878 for
Emergency and Scheduled Sewage Hauling.
Staff to rebid
3) Acceptance of various Drainage Easements to provide for
Flood Relief and Drainage Outlets for those Properties
North of US-41.
One drainage and maintenance easement from Rookery Bay
Services, Ltd and two Temporary construction access and
drainage easements from DY Associates Joint Venture
Adopt a Resolution approving a Memorandum of Agreement
among the Counties, Municipalities and other Coastal
Governments of Collier, Lee, Charlotte, Sarasota and
Manatee Counties regarding Coastal Beach and Inlet
Management.
Res. 99-226
C. PUBLIC SERVICES
1} Authorization to approve an extension of an agreement
with the Southeastern Library Network (SOLINET) and
permission for Chairman to sign agreement.
D. SUPPORT SERVICES
1) Approval of a Lease Agreement between Collier County
and Florida Rock and Sand Company, Inc.
For use of County-owned land
2) This item has been deleted.
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May 11, 1999
3) This Item Has Been Deleted.
4) Approval of 800 MHz Radio System Modifications and the
Purchase Contract to Achieve Year 2000 Readiness.
5) Report to the Board of County Commissioners Concerning
the Sale of items Associated with the County Surplus
Auction of March 27, 1999 and donation of Asset
#930159, a 1992 14' starcraft boat to the K-9 Search &
Rescue of South Florida, Inc.
6) Authorize Staff to Reject Proposals Received from RFP
#98-2785, Department of Revenue Integrated Software
System.
Staff to re-solicit at a later date
E. COUNTY ADMINISTRATOR
Moved to Item #8E1
1) Approval of membership in the National Association of
Counties.
F. EMERGENCY SERVICES
1) Approve the Purchase of Two 1999 Yamaha Boat Engines
In the amount of $22,150.00
G. BOARD OF COUNTY COMMISSIONERS
H. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the
Chairman to sign Satisfaction of Lien for Services of
the Public Defender for Case No.: 88-0650- MMA
2) Miscellaneous items to file for record with action as
directed
I. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners update
a document for Third Year State Criminal Alien
Assistance Program (SCAAP) Grant Funds.
J. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners
approve the Stipulated Final Judgment relative to the
easement acquisition on Parcel No. 43 in the lawsuit
entitled Collier County v. Community Development
Corporation of Southwest Florida-Hickory Bay West, et
]1
~4ay ] 1~ ]999
al., Case No. 94-2934-CA (Bonita Beach Road Four-
laning Project No. 60021).
2) Request by the Collier County Educational Facilities
Authority for approval of a resolution authorizing the
Authority to issue revenue bonds to be used to finance
educational facilities for International College.
Res. 99-227
K. AIRPORT AUTHORITY
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR
APPROVAL FROM STAFF~ 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY
THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING
AGENCIES OF ALL MEMBERS PRESENT AND VOTING~ 3) NO WRITTEN OR
ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 1) NO INDIVIDUALS ARE REGISTERED
TO SPEAK IN OPPOSITION TO THE ITEM.
Moved to Item #12B3:
A. Petition R-99-2, D. Wayne Arnold, AICP, of Wilson, Miller,
Barton & Peek, Inc. representing M.J. Zuidema, Trustee for
Land Trust #500967, requesting a fezone from "A" rural
agricultural to "C-4" for property located on the east side
of U.S. 41 North, north of the intersection of U.S. 41 and
Old U.S. 41, in Section 9, Township 48 South, Range 25 East,
consisting of 7.9 +/- acres.
B. Petition PUD-99-2, Donald W. Arnold, AICP, of Wilson,
Miller, Barton & Peek, Inc. representing Kenney Schryver, as
Trustee for Land Trust 98-101, requesting a rezone from "A"
Rural Agriculture to "PUD" Planned Unit Development to be
known as Venetian Plaza for professional offices and light
commercial uses located on Vanderbilt Beach Road (C.R. 862)
~ mile west of Airport-Pulling Road (C.R. 31) in Section 2,
Township 49 South, Range 25 East, Collier County, Florida,
consisting of 6.02 +/- acres.
Ord. 99-30
C. CONTINUED FROM THE APRIL 27, 1999 MEETING. Petition PUD-98-
21, David H. Farmer, of Coastal Engineering, Inc.
representing The Club Estates, L.C., requesting a rezone
from "PUD" to "PUD" Planned Unit Development in order to
merge the Club Estates PUD (Ordinance 97-69) and The Casa
Del Sol PUD (Ordinance 89-70) to create a new PUD known as
The Club Estates PUD for property located on the west side
of CoR. 951 approximately one mile north of Rattlesnake
]2
May 11, 1999
Hammock Road, in Section 10, Township 50 South, Range 26
East, Collier County, Florida, consisting of 254.7 + acres
Ord. 99-31
D. WITHDRAWN (STAFF REQUEST) An ordinance of Collier County,
Florida, to revise and codify the County's policy regarding
exemption from beach facilities parking fees; findings and
purpose; applicable beach facility locations; beach facility
parking fee rates. Vehicle exemption from beach facility
parking fees for permanent Collier County residents; proof
of Collier County residency; Collier County parking
citations; restricted parking areas; prohibited parking at
metered parking spaces; providing for inclusion into the
Code of Laws and Ordinances; providing for conflict and
severability; providing an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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May 11, 1999