Recap 08/04/1998 R August 4, 1998
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, August 4, 1998
NOTICEs 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 ADDRESSED.
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
CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12~00 NOON TO lz00 P.M.
1. INVOCATION - Pastor Sauter, North Naples United Methodist Church
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.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
Presented
1) Don Jeffery, Parks and Recreation - 10 Years
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August 4, 1998
2) Doylene Marron, Planning Services - 10 Years
3) John Conti, OCPM - 10 Years
4) Chris Carlson, Wastewater - 5 Years
5) Tammy Smith, Information Technology - 5 Years
6) Judith Kraycik, Real Property - 5 Years
7) Robert Nese, Pelican Bay Services - 5 Years
8) Terry Long, Water Department - 5 Years
9) James Wyatt, Water Department 5 Years
10) J. Quinn, Jr., Water Department - 5 Years
11) Parley Egbert, Parks and Recreation - 5 Years
12) Bryan Thurston, Facilities Management - 5 Years
13) Barry Erickson, Water Department - 5 Years
14) William Heckathron, Water Department - 5 Years
15) John Hoffman, Water Department - 5 Years
C. PRESENTATIONS
1) Representative Burt L. Saunders presenting checks from the
Florida Department of Environmental Protection and the Florida
Community Trust to be used for Collier County park
improvements.
Presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Appeal of Code Enforcement Case No. 30910-012, 40705-024,
50727-024, 60530-033 - Record Owner: James J. and Rose Marie
Broderick
Staff recommendation approved - 5/0
2) Berkshire Lakes Master Association Incorporated requesting a
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August 4, ~998
Denied - 5/0
3) Adoption of a resolution to nominate the Immokalee Community
for a federal grant known as the Rural Empowerment Zone
Designation.
Resolution 98-294 - Adopted 5/0
4) Establishment of parameters for the Interchange Master Plan for
Activity Center #9 at the intersection of 1-75/CR-951/Davis
Boulevard.
Staff recommendations approved with changes - 5/0
5) The Board of County Commissioners approve a budget amendment to
the Special Events Tourism Development Agreement between
Collier County and the City of Everglades City.
Funds to be shifted to elements of the contract - 5/0
Moved to Item #16A21
6) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant
final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Park Place West"
B. PUBLIC WORKS
1) Approve Tourist Development Category "A" Funding Applications
for Beach Maintenance and Inlet Management Projects.
Staff recommendaton approved - 5/0
2) Approval of second amendment to agreement between Orange Tree
Utility Company and Collier County.
Emergency exists and Res. 98-295 - Adopted 5/0
3) Consideration of an interlocal agreement allowing for the
investigation of the creation of a multi-county utility
authority for the purpose of acquiring the utility facilities
owned by Avatar Holdings, Inc.
Denied - 5/0
C. PUBLIC SERVICES
1) Review a staff report regarding the administration of the
County-owned parks within the City of Marco for FY 1998-99.
Properties to be deeded to the City of Marco with restrictionsl
additional items in staff report approvedl and Interlocal
Agreement to be in place - 5/0
Moved from Item #16C2
2) Authorize staff to proceed through the request for proposals
(RFP) process to select an architectural firm to provide design
services for a North Collier Regional Library to be located at
the corner of Orange Blossom Drive and Airport Pulling Road.
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AUgust 4, 1998
Approved - 5/0
D. SUPPORT SERVICES
Added
1) Approval of Agreement for Auditing Services (RFP 98-2794)
(Staff's Request)
Approved - 4/0 (Conunissioner Hancock out)
E. COUNTY ADMINISTRATOR
1) Quarterly Revenue and Expenditure Report - Fiscal Year 1998
Presented
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Discussion and direction to staff regarding the Tourist
Development Plan.
Staff to address the deletion of category C line item and
consolidate category Bi~ Roll catergory B into an annual
proposal~ Museums to be addressed~ all gaps to be closed and
brought back the first of October - 5/0
B. Board authorization for legal services retention agreement with
Lawrence S. Pivacek.
Approved - 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Four year review of the Environmental Policy Technical Advisory
Board (EPTAB) with staff recommendation to create a single
environmental advisory committee by consolidating the functions
of EPTAB with those of the Environmental Advisory Board (EAB).
Staff to draft an ordiance and bring back to BCC for discussion
prior to advertising - 5/0
Added
B. Discussion regarding Budget Hearing of September 9, 1998
(Commissioner Constantine)
Commissioner Constantine noted he may be absent for said
hearing
Added
C. Discussion regarding County Administrator's Evaluation.
(Commissioner Berry)
Commissioners to fill out evaluation forms on County
Administrator
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
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August 4, 1998
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
1) THIS ITEM HAS BEEN CONTINUED UNTIL SEPTEMBER lr 1998.
Recommendation to approve a resolution approving a Stipulated
Settlement Agreement with the Florida Department of Community
Affairs to partially resolve Case No. DOAH-98-00324GM.
B. ZONING AMENDMENTS
1) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. Scott W. Whipple of
Agnoli, Barber & Brundage, Inc., representing Gregory A.
Collins and the Medical Office Center Investment Group,
requesting an amendment to the Piper Boulevard Medical Office
Center PUD for the purpose of adding .19 acres of land to
expand the existing parking lot by 11 parking spaces and adding
related landscaping and buffers for property located east of
Cypress Way East and north of Piper Boulevard, in Section 23,
Township 48 South, Range 25 East, Collier County, Florida.
C. OTHER
1) THIS ITEM HAS BEEN MOVED TO 17C.
2) THIS ITEM HAS BEEN MOVED TO 17D.
3) Request for the Board to adopt the accompanying resolution
approving the transfer of the wastewater collection system and
wastewater service area from Rookery Bay Services, Inc. to
Collier County for the continued provision of wastewater
service to the approved service area, as recommended by the
Collier County Water and Wastewater Authority.
Res 98-296 - Adopted 5/0
4) Approve the Purchase Agreement between Rookery Bay Services,
Inc. and Collier County Water-Sewer District; adopt a
Resolution approving the findings and facts relating to the
Rookery Bay Franchise Service Area Sales Transaction; and
approve a phase in approach to user rates.
Res 98-297 - Adopted 5/0
5) THIS ITEM HAS BEEN MOVED TO 17E.
6) An Ordinance of Collier County, Florida, amending the
definitions of "Commercial Property" and "Residential Units" in
Ordinance Number 90-30, as amended, being the Collection and
Disposal Municipal Services Benefits Ordinance, and hereby
define as "Commercial Property" Single Family Residences,
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August 4, 1998
Duplexes, and all other units that share in common a dumpster,
bulk loader or substantially similar solid waste collection
container; also defining guest houses and noncommercial units;
providing for conflict and severability; providing for
inclusion into the Code of Laws and ordinances; providing an
effective date.
Ordinance 98-68 - Adopted with changes 5/0
7) Review the Impact Fee Study and adopt the Consolidated and
Amended Collier County Water-Sewer District Impact Fee
Ordinance.
Ordinance 98-69 - Adopted - 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition A-98-2, Anthony P. Pires, Jr., of Woodward, Pires &
Lombardo, P.A., and N. Paul San Filippo, of Seidensticker & San
Filippo, representing Walden Oaks of Naples Homeowners
Association, Huntington Homeowners Association, Barrington
Homeowners Association and Alan Small, requesting an appeal of
a determination of insubstantial change to the Princess Park
PUD Master Plan, AKA "King Richard's" adopted by Ordinance 84-
34, as amended, rendered by the Planning Services Director
pursuant to the provisions set forth in Section 2.7.3.5.2. of
the Collier County Land Development Code.
Staff recommendation upheld - 3/1 (Commissioner Hancock opposed
and Commissioner Constantine out)
2) Petition No. CU-98-13, Mireya Louviere representing Norris Wade
Bethel, requesting Conditional Use "2" of the Agriculture
zoning to allow for a horticultural mulching facility for
property located on the southeast corner of Immokalee Road (CR-
846) and Woodcrest Drive, in Section 25, Township 49 South,
Range 26 East, Collier County, Florida.
Denied - 4/1 (Commissioner Mac'Kie opposed)
B. OTHER
14 . STAFF' S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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 from the
Consent Agenda and considered separately.
Approved and/or adopted with changes - 5/0
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
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August 4, 1998
1) Recommendation that the Board of County Commissioners approve a
retention agreement with Robinson & Cole, LLP for professional
services regarding amendments to the Comprehensive Plan.
2) Deferral of 100% of impact fees for a 240 unit affordable
rental housing project known as Whistler's Cove Apartments to
be built by Affordable/Whistler's Cove, LTD., and subordination
of lien.
Res. 98-273
3) Authorize the County Administrator to enter into an agreement
with the Florida Division of Forestry to receive a grant to
reproduce and distribute copies of the County's Exotic Plant
Brochure.
Res. 98-274
4) The Board of County Commissioners approve an extension to the
Tourism Advertising and Promotion Agreement between Collier
County and Marco Island Chamber of Commerce, Inc.
5) THIS ITEM HAS BEEN MOVED TO 8(A) 5.
6) The Board of County Commissioners approve a budget amendment
and an extension to the Tourism Advertising and Promotion
Agreement between Collier County and Visit Naples, Inc.
7) The Board of County Commissioners approval of a restated
mortgage and promissory note for a sixty thousand ($60,000)
loan from Collier County to the Community Housing Partnership
of Collier County, Inc.
8) Lien Resolutions - Code Enforcement Case Nos. 70502-082, 70507-
043, 70521-001, 70521-006, 70612-027
Res. 98-275~ 98-276~ 98-277~ 98-278~ and 98-279
9) Lien Resolutions - Code En£orcement Case Nos. 70724-030, 70729-
071, 70805-028, 70905-005
Res. 98-280~ 98-281~ 98-282~ and 98-283
10) Lien Resolutions - Code Enforcement Case Nos. 71117-017, 71210-
016, 71210-051, 80105-066
Res. 98-284~ 98-285~ 98-286~ and 98-287
11) Recommendation to approve Excavation Permit No. 59.656 Odus
Landreth Excavation located in Section 12, Township 48 South,
Range 27 East; Bounded on the north by veXant lots on the
south by canal R/W and on the west by 18 Street ~.E. R/W
Subject to Stipulations
12) Request to approve for recording the final plat of Pelican
Marsh Unit Twenty and approval of the performance security.
Subject to Construction & Maintenance Agreement and Performance
Bond.
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AuguSt 4, 1998
13) Request to approve for recording the final plat of "Briarwood
Unit Six"
Subject to stipulations.
14) Request to approve for recording the final plat of "The Cove",
and approval of the performance security.
Subject to Letter of Credit and Construction and Maintenance
Agreement.
15) Request to approve for recording the final plat of Carlton
Lakes Unit No. 2 and approval of the performance security.
Subject to Letter of Credit and Construction and Maintenance
Agreement.
16) Request to approve the final plat of "Twin Eagles, Phase One"
Subject to Construction and Maintenance Agreement.
17) Petition AV 98-014 to disclaim, renounce and vacate the
public's interest in a 30' wide parcel of land conveyed to
Collier County as a drainage easement, recorded in Official
Record Book 1193, Page 1126 and being located in Section 1,
Township 49 South, Range 25 East, Collier County, Florida.
18) Request to approve for recording the final plat of Avila Unit
Two and approval of the performance security.
Subject to Construction and Maintenance Agreement.
19) This item has been deleted.
20) Request to approve for recording the final plat of "The
Cottages at Gulf Harbor", and approval of the performance
security.
Subject to Letter of Credit and Construction and Maintenance
Agreement.
Moved from Item #8A6
21) CONTINUED FROM THE JULY 28, 1998 MEETING. Request to grant
final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Park Place West".
Res. 98-288
B. PUBLIC WORKS
1) Acceptance of access road right-of-way from the State of
Florida Department of Transportation.
2) Recommendation to approve Amendment No. 3 to Professional
Services Agreement for Master Pump Station 1.02, Contract #89-
1506, Project No. 73924.
3) This item has been deleted.
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August 4, 1998
4) Enter into an Easement Agreement for the acquisition of
easements known as Parcels 147 and 847 for the Livingston Road
Four Laning Improvement Project.
5) Approve Amendment No. 4 to the Professional Services Agreement
with Coastal Engineering Consultants, Inc. to provide
Professional Engineering and Surveying Services necessary in
performance of annual monitoring. Requirements for the Marco
Island Beach Renourishment Project.
6) Approve Change Order No. 1 to Kyle Construction, Inc. for the
City/County Water Interconnect, Project No. 70040.
7) Approve an Agreement to extend Temporary Construction Easement
with South Florida Water Management District.
8) Approve Amendment to Appraisal Agreement with Real Property
Analysts, Inc., for valuation of right-of-way for the Radio
Road Four Lane Improvement Project.
9) Approve Renewal of Annual Contract 95-2388 for Fixed Term
Professional Material Testing Services.
10) Award a Construction Contract for the Golden Gate Park Fitness
Center (Bid No. 98-2814).
Awarded to J. L. Wallace, Inc. in the Amount of $419,400.00
11) Approve Change Order No. 1 with Better Roads, Inc. for Pathway
Construction work for County-wide Pathways II (Bid No. 97-2744)
(Project No. 69081).
In the amount of $11,012.00
Continued to 9/1/98
12) To approve the transfer of property from Collier County to the
State of Florida to satisfy the requirements of Permit #11-
00368-S.
13) Approve a Supplemental Agreement with Hole, Montes and
Associates, Inc. for final design and permitting services for
Livingston Road Improvements North of Immokalee Road, CIE
Project No. 021.
In the amount of $428,840
14) This item has been deleted.
15) Award a Construction Contract to Milmir Construction, Inc., for
the North County Regional Wastewater Treatment Facility
Reclaimed Water Pumping Station Upgrades, Bid #98-2812, Project
74024.
In the amount of $795,000.00
16) Approval to provide assistance to Senior Craftsman Thomas
Stiers concerning an issue with the Department of Business and
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August 4, 1998
Professional Regulation.
In the amount of $1301.90
17) Approve Change Order No. 7 to NCRWTP 8-MGD Expansion, Bid No.
97-2690R, Project No. 70859/70828.
In the amount of $112,456
18) Recommendation that the Board of County Commissioners approve
and accept the terms and conditions of the U.S. Army Corps of
Engineers Section 404 Permit No. 199602789 (IP-CC) and the
Florida Department of Environmental Protection Consolidated
Joint Coastal Permit, Sovereign Submerged Lands Authorization
and Variance No. 0128463-001-JC, a Comprehensive Management
Plan for the restoration and ongoing management of the Clam Bay
System and to authorize Pelican Bay Services to sign the
permits on behalf of Collier County.
Res. 98-289
Added
19) Award County Bid No. 982830 to Zep construction, Inc. for
construction of the new Airport-Pullin Road Bridge structure at
Junction Immokalee road (Staff's Reqeust)
C. PUBLIC SERVICES
1) Approve budget amendment recognizing insurance claims.
Move to Item #8C2
2) Authorize staff to proceed through the request for proposals
(RFP) process to select an architectural firm to provide design
services for a North Collier Regional Library to be located at
the corner of Orange Blossom Drive and Airport Pulling Road.
D. SUPPORT SERVICES
1) Approval of a First Amendment to Land Lease Agreement between
Collier County and GTE Mobilnet of Tampa, Incorporated.
2) Authorization to enter into a contract for services with
"Source Computing, Inc." for computer programming to make the
existing utility billing system Year 2000 compliant.
3) Reject all proposals received by the Department of Revenue
regarding solid waste and special assessment programs under RFP
#98-2785; and further, to remain open for continued discussions
with vendors for all the proposals received for utility billing
programs under the same RFP.
E. COUNTY ADMINISTRATOR
1) Abolish Taxing Districts No Longer Used.
2) Budget Amendment Report
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AuguSt 4, 1998
BA 98-325~ 98-338~ and 98-354
3) Recommendation to authorize the issuance of a request for
proposals for selection of underwriters and to establish a net
present value savings target of 7% in anticipation of refunding
the Collier County Water/Sewer District Revenue Bonds, Series
1991.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of confiscated trust funds to
support a Crime Prevention Program and approve the related
budget amendment by the Collier County Sheriff's Office.
2) Recommendation to approve the use of confiscated trust funds to
purchase specialized equipment and approve the related budget
amendment by the Collier County Sheriff's Office.
3) Recommend that the Board of County Commissioners sign the
Certification of Acceptance of the Subgrant Award for the Anti-
Drug Abuse Grant #99-CJ-9M-09-21-01-003/Serious Habitual
Offender Comprehensive Action Plan (SHOCAP) Program of
$147,421.
4) Recommend that the Board of County Commissioners sign the
Certification of Acceptance of the Subgrant Award for the Anti-
Drug Abuse Grant #99-CJ-gM-09-21-01-002/Street Gang Prevention
and Apprehension Program of $59,224.
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
17. SUMMARY AGENDA - ALL ITEMS APPEARING UNDER THIS SECTION 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 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM.
A. CONTINUED FROM THE MEETING OF JULY 28t 1998. Petition No. PUD-
81-4(5), Quarles and Brady representing the Wyndemere Property
Owners Association, requesting an amendment to the Wyndemere
Planned Unit Development District for the purpose of
authorizing a permanent office building for the Wyndemere
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August 4, 1998
Property Owners Association and to amend the Master Plan to
indicate the location for said offices in the Wyndemere PUD
located on the east side of the planned Livingston Road right-
of-way one half mile north of the Golden Gate Parkway, in
Section 19, Township 49 South, Range 26 East, Collier County,
Florida.
Ord. 98-66
B. Petition No. PUD-88-10(2), Robert Duane of Hole, Montes &
Associates, Inc. representing Gulf Coast National Bank,
requesting a rezone from "PUD" Planned Unit Development and
"RSF-3" Residential Single Family to "PUD" Planned Unit
Development for purposes of updating the current Surrey Place
PUD and expanding the area by an additional 0.46+ acres for
property located on the south side of Immokalee Road lying east
of Veterans Park Drive and west of the west limit of the
Stonebridge PUD, in Section 26, Township 48 South, Range 25
East.
Ord. 98-67
C. Petition AV 98-027 to vacate two drainage easements and a
County utility easement in "Dover Parc" according to the plat
thereof recorded in Plat Book 22, Page 61, Public Records of
Collier County, Florida.
Res. 98-290
D. Petition AV 98-007 to disclaim, renounce and vacate the
Public's interest in the remaining portion of a 60' wide and
30" wide road right-of-way, utility and drainage easement
located in Section 25, Township 48 South, Range 25 East,
Collier County, Florida.
Res. 98-291
E. Petition AV 98-015 to disclaim, renounce and vacate the
public's interest in a 15' wide parcel of land conveyed to
Collier County as a road easement, lying adjacent to U.S. 41,
as recorded in Official Record Book 1518, Pages 980 and 981 and
being located in Section 21, Township 48 South, Range 25 East,
Collier County, Florida.
Res. 98-292
F. Petition NUA-98~1, Rayburn C. Cramer, requesting the alteration
of a non-conforming hunting cabin in the conservation zoning
district, by enlarging the existing structure, adding accessory
structures and fencing, on property located within the Big
Cypress National Preserve, Tract Number 670-83, further
described as N 3/5 of W ~ of NE ~ of SE ~ of NW 1/4, in Section
12, Township 52 South, Range 32 East, Collier County, Florida.
Res. 98-293
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
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AUgUSt 4, 1998
THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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