Recap 11/10/1998 R November 10, 1998
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, November 10, 1998
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
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 1=00 P.M.
1. INVOCATION - Reverend Jay Kowalski, First United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or Adopted with changes 4/0 (Commissioner Constantine
out)
A. APPROVAL OF CONSENT AGENDA
B. APPROVAL OF SUMMARY AGENDA
Vote on Item #17B 4/0 (Commissioner Constantine voted on this
item only and Commissioner Hancock abstained)
C. APPROVAL OF REGULAR AGENDA
4. APPROVAL OF MINUTES
Approved as presented - 4/0 (Commissioner Constantine Out)
A. October 20, 1998 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
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November 10, 1998
1) Proclamation proclaiming November 22-29,1998 as
Traditional Family Values Week. To be accepted by the
Reverend Jane Wallace, President Greater Naples Ministerial
Association and Reverend David Mallory, President Evangelical
Ministerial Association.
Adopted - 5/0
2) Proclamation proclaiming the week of November 8-14, 1998 as
Youth Appreciation Week in Collier County. To be accepted by
Mr. Gerald Neff, Secretary, Naples Sunset Optimist Club.
Adopted - 5/0
B. SERVICE AWARDS
C. PRESENTATIONS
Presentation of plaque of appreciation to Commissioner Hancock
by Chairman Berry.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. PUBLIC WORKS
1) Approve an Amendment to the original Developer contribution
Agreement with Long Bay Partners for construction of
Livingston Road North of Immokalee Road, including Board
approval for staff to prepare and execute a Supplemental
Agreement with Hole, Montes and Associates, Inc. for Roadway
Design Revisions
Staff recommendation Approved w/changes - 5/0
Added
2) Introduction of Jeff Bibby, Public Works Director
C. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners
authorize a contract amendment for design services for the new
Domestic Animal Services facility
Option #2, as outlined in the Executive Summary - Approved 5/0
D. SUPPORT SERVICES
E. COUNTY MANAGER
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November 10, 1998
1) Proposal to begin scheduling regular Board of County
Commissioner Meetings on the second and fourth Tuesday of each
month beginning in January 1999
Approved - 5/0
Added
2) Letter to Sheriff identifying changes to the FY 99 budget
request. (County Administrator)
Approval to transmit letter - 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A) Report regarding the status of the Lely guardhouse
controversy. (Commissioner Hancock)
Agreement approved w/changes -4/1 (Commissioner Mac'Kie
opposed)
Added~
B) Report regarding North Naples Masterplan
Staff to initiate a Town Hall approach 5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
David Shealy regarding scenic highway booklet
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-98-11, Mr. Robert Duane, AICP, of Hole Montes
and Associates, Inc., representing Steve Houston, requesting
a rezone from "A" Rural Agriculture to "PUD" Planned Unit
Development to be known as Tamiami Professional Center PUD
for property located on the east side of Tamiami Trail North
(US 41) on the south 200 feet of Section 15, Township 48
South, Range 25 East, Collier County, Florida
Ordinance 98-90 - Adopted with changes 5/0
2) Petition PUD-98-14, George L. Varnadoe, of Young, Van
Assenderp & Varnadoe, P.A., representing Granada Shoppes
Associates LTD., requesting a rezone from "A" Rural
Agriculture to "PUD" Planned Unit Development to be known as
Granada Shoppes PUD for mixed use commercial development
consisting of a maximum 390,000 square feet of gross floor
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November 10, 1998
area inclusive of retail, office and service land uses for
property located at the southeastern quadrant of the
intersection of U.S. 41 and Immokalee Road (C.R. 846) in
Section 27, Township 48 South, Range 25 East, Collier
County, Florida, consisting of 39.2+ acres.
Ordinance 98-91 - Adopted with changes 5/0
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition SV-98-2, William D. Keith, Esq. Representing John
P. Cardillo and Daniel R. Monaco requesting 15 foot variance
from the required setback of 15 feet established for signs
to 0 feet along Tamiami Trail East and a 5 foot variance
from the required setback of 15 feet established for signs
to 10 feet along Osceola Avenue for a pole sign for an
existing law firm located at 3550 East Tamiami Trail in
Section 15, Township 50 South, Range 25 East, Collier
County, Florida.
Resolution 98-463 - Adopted 5/0
Withdrawn
2) Petition A-98-5, Kim Patrick Kobza, of Treiser, Kobza &
Volpe, P.A., representing the Southpointe Yacht Club at
Windstar Marina, and Glenn Oakes, Lee Flandreau and Jack
Fink, requesting an appeal of a determination of
insubstantial change to the Southpointe Yacht Club PUD
Master Plan, adopted by ordinance 88-82, 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.
3) Petition V-98-18, C. Dean Smith of Q. Grady Minor
representing Victoria Lakes Condominium Associates,
requesting a 23 foot variance from the required 30 foot
front yard to 7 feet along Berkshire Street and Nottingham
Drive for carports for a property located in North Naples,
approximately one mile south of Immokalee Road on the west
side of Airport Road, in Section 20, Township 48 South,
Range 25 East, Collier County, Florida.
Resolution 98-464 - Adopted 4/0 (Commissioner Mac'Kie out)
4) Petition A-98-4, Wendell R. & Diane L. Keene, requesting an
appeal of the Collier County Planning Commission's approval
of Petition BD-98-26 on August 20, 1998, for property
located at 400 Willett Avenue, further described as Lot 10,
Block N. Connors Vanderbilt Beach, in Section 29, Township
48 South, Range 25 East, Collier County, Florida.
Appeal Denied - 4/0 (Commissioner Mac'Kie out)
5) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24, 1998, Petition
V-98~19, Jay Malamphy, representing Gulf Coast Development
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November 10, 1998
Group, L.C. requesting approval to increase the maximum
permitted floor area ratio of .45 to .66 to construct a
building with a maximum of 225,291 square feet for an
Independent Care Living Facility and Assisted Care Living
Facility for property located to the south of Vanderbilt
Beach Road Extension, north of Arbor Boulevard, and west of
Vineyards Boulevard, further described as Tract S-l,
Vineyards Unit 3, in Section 5, Township 49 South, Range 26
East.
6) THIS ITEM HAS BEEN CONTINUED TO NOVEMBER 24~ 1998, Petition
V-98-8, Bill Hoover of Hoover Planning, representing Roger
D. Withers and OPM-USA-Inc., requesting approval of a 65
foot height variance from the required 185 feet to 250 feet
for an existing 180 foot communications tower located at
5630 Taylor Road, within the J & C Industrial Park, in
Section 11, Township 49 South, Range 25 East.
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
form the Consent Agenda and considered separately.
Approved and/or Adopted - 4/0 with changes (Commissioner
Constantine out) Item #17B was a 4/0 vote with Commissioner
Constantine voting and Commissioner Hancock abstaining)
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) THIS ITEM HAS BEEN DELETED
2) Recommendation to approve the attached Satisfaction of Lien
for Public Nuisance Resolution 98-254
3) Lien Resolutions-Code Enforcement Case Nos. 80605-027 Claude
E LaRue; 80608-063 Boris & Emogene Pukay; 80610-059 Thales
Delorenzi & Patricia Campelo; 80708-124 Philip Pierre;
80709-064 Edward J & Layerda Pelc
Res. 98-443 through 98-447
4) Lien Resolutions-Code Enforcement Case Nos. 80413-061
Valentin & Migdalia Gonzalez; 80413-064 Shang Mei Huang;
80413-064 John Pagliaro TR
Res. 98-448 through 98-450
5) Lien Resolutions-Code Enforcement Case Nos. 60522-087 Gary L
& Nancy C. Seward; 80514-028 Lloyd G Sheehan; 80622-009
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November 10, 1998
Connie Simon & Marlo Pikul
Res. 98-451 through 98-453
6) Lien Resolutions-Code Enforcement Case Nos. 80224-019 Ralph
& Graciela Terry; 80226-050 James R Colosimo TR C/O Naples
Realty Services Inc.; 80302-052 Ivan Magana; 80316-040
Rodhey Bushnell; 80323-161 Esteban Tamayo
Res. 98-454 through 98-458
B. PUBLIC WORKS
1) Approve Work Order CDM-FT-98-12 for related engineering and
organizational services related to optimization operation
and maintenance practices at the North and South County
Regional Wastewater Treatment Plants.
In the amount of $85,100.00
2) Approve a Road Impact Fee Credit in the amount of $2,802.74
for the former Chamber of Commerce Building on U.S. 41 in
the City of Naples.
Continued to 11/24/98
3) THIS ITEM HAS BEEN DELETED
4) Approve Bid#98-2872 and Bid#98-2873 for the purchase of
three crew cab flatbed dump trucks and three, five cubic
yard dump trucks in the amount of $243,198.00.
To Wallace International, Inc.
5) Approve a Developer Contribution Agreement with Ocean
Boulevard Partnership and Ocean Boulevard Partnership II
("Developer") for the contribution of land to the Florida
Department of Transportation ("FDOT') for right-of-way
necessitated by the widening of U.S. Highway 41.
6) Approve a Developer Contribution Agreement with Collier
Development Corporation ("Developer") for the contribution
of land to the Florida Department of Transportation ("FDOT")
for a water management detention area necessitated by the
widening of U.S. Highway 41.
7) Approve a Developer Contribution Agreement with Ocean
Boulevard Partnership South, LTD. ("Developer") for the
contribution of land to the Florida Department of
Transportation ("FDOT") for right-of-way and drainage
necessitated by the widening of U.S. Highway 41.
C. PUBLIC SERVICES
1) Approval of a Concession Agreement amendment between the
Association of Unit Owners of the Registry Hotel at Pelican
Bay, Inc., (The Registry) and Collier County to provide an
expansion of the deck and improvement of the kitchen
facilities at the Clam Pass Beach Park.
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November 10, 1998
D. SUPPORT SERVICES
1) This Item Deleted
2) Approval of Budget Amendment to Complete the PC
Modernization Project
3) Unanticipated Expenditures Relating to a Water Break
In the amount of $16,175.00
E. COUNTY MANAGER
1) Budget Amendment Report
99-025 & 99-030
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED.
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
J. 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 4) NO INDIVIDUALS ARE
REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A) Petition V-98-14, Mark & Ann Hunter, requesting an
After-the-Fact Variance of 6.9 feet from the required side
yard setback of 30 feet to 23.1 feet for property located at
2121 Oakes Boulevard, further described as the south half of
Tract 13, Golden Gate Estates Unit 97, in Section 29,
Township 49 South, Range 26 East, Collier County, Florida.
Res. 98-459
B) Petition PUD-98-10, Mr. Robert Duane, AICP, of Hole, Montes
and Associates, Inc. representing Jim Colosimo, Trustee,
requesting a fezone from "E" Estates to "PUD" Planned Unit
Development to be known as Cambridge Square PUD for property
located on the north side of Pine Ridge (C.R. 896),
approximately 300 feet east of Livingston Road in Section 7,
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November 10, 1998
Township 49 South, Range 26 East, Collier County, Florida
Ord. 98-89 - Adopted 4/0 (Commissioner Constantine voted and
Commissioner Hancock abstained)
C) Petition V-98-15, R. Bruce Anderson, representing Ronald L.
Glass, President of RSG Family Limited Partnership-
Immokalee, requesting a 30 foot After-the-Fact Variance from
the required 30 foot front yard to 0 feet along the Northern
front yard, an 11 foot After-the-Fact Variance from the
required 30 foot front yard to 19 feet along the eastern
front yard and a 10 foot After-the-Fact Variance from the
required 30 foot front yard to 20 feet along the
southern front yard of an existing apartment complex in
Immokalee.
Res. 98-460
D) Petition VAC-98-019 to disclaim, renounce and vacate the
public's interest in a 5.5' by 45' portion of right of way
on Delaware Avenue, located in Section 4, Township 47 South,
Range 29 East, Immokalee, Florida.
Res. 98-461
Withdrawn
E) Petition AV-97-031 to disclaim, renounce and vacate the
County's and the public's interest in a 60' wide road right
of way shown as "Pelton Avenue" on the plat of "Burdale" as
recorded in Plate Book 4, Page 2, Public Records of Collier
County, Florida and being located in Section 11, Township 50
South, Range 25 East.
F) Petition AV 98-016 to vacated a 12' wide drainage easement
between lots 31 and 32, Block B, according to the Plat of
"Collier's Reserve", as recorded in Plat Book, 20, Pages 59
through 87, Public Records of Collier County, Florida and to
accept a 12' wide drainage easement as a replacement
easement.
Res. 98-462
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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