Recap 04/22/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, April 22, 1997
9~00 a.m.
NOTICE= ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST 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 MINUTES
April 1, 1997 - Regular meeting.
Approved as presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. Proclamations
(1) Proclamation proclaiming April 20 - 26, 1997, as
Professional Secretaries Week. To be accepted by
Barbara Pedone, Executive Secretary to the County
Page 1
April 22, 1997
Manager. Adopted 5/0
(2) Proclamation proclaiming May 1, 1997, as Day of
Prayer. To be accepted by Kim Anderson, Chair of
Christian Emphasis Committee for the YMCA. Adopted
5/0
(3) Proclamation proclaiming the week of April 21, 1997,
as Stop Auto Theft Week. Adopted 5/0
(4) Proclamation proclaiming Thursday, April 24, 1997, as
Special Olympics Law Enforcement Torch Run Day.
Adopted 5/0
{5) Proclamation proclaiming the week of April 23 - May
1, 1997, as Teen Pregnancy Prevention Awareness Week.
To be accepted by Amy Granato, Director of Education
£or Planned Parenthood and Chairman of the Education
Committee/Teen Pregnancy Coalition. Adopted 3/1
(Commissioner Berry opposed and Commissioner
Constantine out)
(6) Proclamation proclaiming Thursday, April 24, 1997, as
Collier County FoCuS Week. To be accepted by Susan
Diamond, Founding Co-Chair of FoCuS and Vice
President of FoCuS. Adopted 5/0
(7) Presentation by the Ford Motor Company in support of
the Collier County Midnight Basketball Program.
Check presented in the amount of $6,000
B. Service Awards
Robert Thurston - Planning Services - 10 years
Presented
C. Presentations
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
1. General Fund, (001) for FY 96/97
2. Community Development Fund, (113) for FY 96/97
3. Facilities Construction Fund (301) for FY 96/97
7. PUBLIC PETITIONS
8. COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Page 2
April 22, 1997
(1) Recommendation to enter into a construction and
maintenance agreement, including surety provisions,
with Boyne-USA-South, Inc., for Royal Palm Golf
Estates (Boyne South). - Approved B/0
B. PUBLIC WORKS
(1) Update on the integrative corrections strategic
development plan. - The V Group awarded contract to
prepare study 5/0. Budget Amendment approved 5/0
Moved from Item #16B4
(2) Authorization to continue the use of three vehicles
by the Wastewater Department. - Approved B/0
C. PUBLIC SERVICES
(1) A Resolution authorizing the borrowing of not to
exceed $1,700,000 from the Pooled Commercial Paper
Loan Program of the Florida Local Government Finance
Commission pursuant to the terms of the Loan
Agreement between the Commission and the County in
order to finance the acquisition and construction of
various capital improvements at the Marco Island
Library. - Res. 97-221 Adopted 5/0
(2) Recommendation that the Board of County Commissioners
consider and provide staff with direction on
prioritizing a series of capital construction
projects proposed by the Parks and Recreation
Department. - Approved 5/0
(3) Recommendation that the Board of Collier County
Commissioners determine if the County desires to sell
the property at the northwest corner of Orange
Blossom Drive and Airport Pulling Road North, and use
the proceeds to relocate and construct a new Domestic
Animal Services facility or construct a new facility
at the existing location. - Donated property
accepted~ Staff directed to pursue construction
phasing for new facility 4/1 (Comm. Constantine
opposed)
(4) Award a contract for construction of the Marco Island
Library expansion Bid No. 97-2643. - Contract awarded
to Wallace Wilks, Inc. in the amount of $1,198,000.00
5/0
Moved from Item #16C2
(5) Recommendation that the Board of County Commissioners
enter into an interlocal agreement with the City of
Naples to provide free beach parking for all Collier
County residents, and by which the reciprocal is true
for City of Naples residents. - Tabled until 5/6/97
5/0
Page 3
April 22, 1997
D. SUPPORT SERVICES
E. COUNTY MANAGER
9. COUNTY ATTORNEY'S REPORT
A. Report to the Board on the vacation of easements in the
Woodland DRI/PUD, Petition AV 96-037. - Discussed
Withdrawn
B. Recommendation for the Board to reconsider prior approval
of a proposed settlement and release regarding a Collier
County employee. Withdrawn
10. BOARD OF COUNTY COMMISSIONERS
Added
A. Tani Hurley requesting a waiver of permit fee for a
Walk-A-Thon to be held at Vineyards Elementary School
(Commissioner Berry) - Approved 5/0
Added
B. Discussion of County Manager Selection (Commissioner
Mac'Kie) - Discussed, current selection process to
continue
Added
C. Reconsideration of Petition CU-97-1 re Peter Andersen,
Boat and Auto Sales. (Commissioner Mac'Kie) - Approved
11. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #16H3
A. To seek Board endorsement for the Collier County
Sheriff's Office grant application for funding from the
State of Florida STOP Violence Against Women Grants
Program. - Tabled until later in the meeting 5/0.
Approved with condition that if the grant funds are
terminated, the sheriff will request a budget amendment
for funding or reallocation of those individuals - 3/2
(Commissioner Constantine and Norris opposed)
PUBLIC COMMENT ON GENERAL TOPICS
A. Stanley Olds
B. Ty Agoston
C. A1 Perkins
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
Page 4
April 22, 1997
(1) Recommendation that the Board of County Commissioners
transmit the proposed 1996-1997 Collier County,
Florida, Growth Management Plan Amendments in
accordance with the adopted Evaluation and Appraisal
Report and/or in accordance with Board directed
Amendments to the Department of Community Affairs.
Resolution 97-222 - Adopted 5/0
B. ZONING AMENDMENTS
(1) Petition PUD-96-3(1), R. Bruce Anderson of Young,
vanAssenderp & Varnadoe, P.A., representing Sal
Angileri and Race Trac Petroleum requesting an
amendment to the Angileri PUD by adding gasoline
service stations and convenience stores to Area "C"
of the PUD for property located in the northwest
quadrant of the Pine Ridge Road (C.R. 896) and 1-75
Interchange Activity Center, located on Tract 61,
Golden Gate Estates, Unit 35, Sec. 7, T49S, R26E.
Ordinance 97-16 - Adopted 4/1 (Commissioner
Constantine opposed)
C. OTHER
(1) Adopt an Ordinance and Resolutions establishing the
Collier County Utilities Standards and Procedures;
providing findings and purpose; providing title and
citation; providing for applicability; providing for
incorporation of previous adopted Water and Sewer
Ordinance and Resolutions; providing for service
areas by the Collier County Water and Wastewater
Authority; providing definitions; providing for
policies and standards; providing for construction
approval and document submissions; providing for
observation of construction; providing for Utilities
conveyance procedures and forms; providing technical
standards for sanitary sewer facilities; providing
for technical standards for water transmission and
distribution facilities and non-potable irrigation
systems; providing for penalty; providing for
amendments; providing for repeal of Ordinance No's
88-76, 89-23 and 89-32; providing for the repeal of
Resolution No's 89-127 and 90-111; providing for
conflict and severability; providing for inclusion in
the Code of Laws and Ordinances; and providing an
effective date.
Ordinance 97-17 & Resolution CWS 97-2p MWS 97-2; and
GND 97-2 - Adopted B/0
(2) An Ordinance amending Collier County Ordinance No.
92-102 which created the Collier County Public
Guardianship Program; providing for amendment to
Section Two, purpose and intent; providing for
amendment to Section Three, Collier County Public
Page 5
April 22, 1997
Guardianship Program; providing for amendment to
Section Four, appointments to the Public Guardianship
Program; providing for conflict and severability;
providing for inclusion in the Code of Laws and
Ordinances; and providing an effective date.
Ordinance 97-18 - Adopted 5/8
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-97-6, Mr. Ray Peterson of Garland and
Garland, Inc., requesting Conditional Use "1" o£ the
RSF-3 Zoning District for property located at 239
Dolphin Cove Court, £urther described as Lot 10,
Dolphin Cove Subdivision in Sec. 5, T48S, R25E.
Res. 97-223 Adopted 5/0
(2) Petition CU-97-5, Mr. Miles Scofield representing
Craig and Karla Siebert requesting Conditional Use
"1" of the RSF-3 Zoning District to allow for a boat
house for property located at 291 Seabreeze Avenue in
Connor's Vanderbilt Beach Subdivision.
(Continued to May 6, 1997 at request of petitioner)
(3) Petition CU-97-4, Miles Scofield representing Dino
Maggio requesting Conditional Use "1" of the RSF-3
Zoning District for a boathouse for property located
at 350 Germain Avenue, further described as
Vanderbilt Beach Estates, Unit 2, Block "P", Lot 10,
Sec. 29, T48S, R25E. (Continued indefinitely)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. County Attorney to look at the Wilderness issue regarding
the hotel site and bring hack a report on May 6, 1997
(Commissioner Constantine)
B. Discussion regarding policing of construction debris
from pickup trucks in Golden Gate Estates. (Commissioner
Berry)
C. County Attorney presented update regarding issue of
cruelty to animals and potential court proceedings.
15. STAFF'S COMMUNICATIONS
16.
CONSENT AGENDA
Page 6
April 22, 1997
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.
Adopted and/or Approved w/changes 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
(1) Recommendation that the Board of County Commissioners
award Bid #97-2645 for the removal of invasive exotic
vegetation from Clam Bay.
Awarded to Native Creations in the amount of $108,000
(2) Water and sewer facilities acceptance for Briarwood,
Unit 4.
With Stipulations
(3) Water facilities acceptance for Bougainvillas, Phase
II.
With Stipulations and Cash Bond
(4) Recommendation to approve for recording the final
plat of "Ivy Points".
Subject to Letter of Credit, Construction and
Maintenance Agreement and stipulations
(5} Water and sewer facilities acceptance for Falling
Waters Beach Resort.
With Stipulations and Performance Bond
(6) Sewer facilities acceptance for Village Walk, Phase
With Stipulations
( 7 ) Recommendat ion to approve for recording the final
plat of "Grey Oaks Unit Nine".
Subject to Construction and Maintenance Agreement and
stipulations
(8) Recommendation to approve for recording the final
plat of "Autumn Woods".
Subject to Construction and Maintenance Agreement and
stipulations
B. PUBLIC WORKS
(1) This item has been deleted.
(2) Recommendation that the Board of County Commissioners
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April 22, 1997
authorize the Chairman to accept the Litter Control
and Prevention Grant Agreement and authorize the
Solid Waste Director to sign it.
(3) Recommendation to approve a Budget Amendment to
recognize and appropriate the audited FY 1996-97
Carry Forward and approve transfer of funds from
Reserves for Road MSTD Fund 103.
Moved to Item #8B2
(4) Authorization to continue the use of three vehicles
by the Wastewater Department.
(5) Approve Change Order No. 1 to Contract No. 97-2642,
Clam Pass Maintenance Dredging.
Change Order to Masters Group, Inc. contract in the
amount of $22,444.00
(6) Approve a Change Order to Work Order WMB&P FT 96-5
for Engineering Services related to County-wide
Underground Utility Mapping.
Change Order to Wilson, Miller, Barton & Peek, Inc.
in the amount of $45,000.00
(7) This item has been deleted.
(8) Request the Board adopt Resolutions and approve
Transportation Enhancement Project Maintenance
Agreements with the Florida Department of
Transportation (FDOT) for Pathway Projects.
Res. 97-204, Res. 97-205, Res. 97-206 and Res. 97-207
(9) Award a contract for construction of the Medical
Examiner Facility, Bid No. 97-2644.
Awarded to Vanderbilt Bay Construction, Inc. in the
amt. Of $1,444,000.00
(10) Approval to waive formal bidding procedures and award
a contract to Bonita Grande Sand Company to provide
beach compatible sand for the Marco Island T-Groin
Construction Project.
Formal Bid Process waivedl Contract awarded to Bonita
Grande Sand Co. in the amt. of $158,250.00
Withdrawn
(11) Award a contract for Bid No. 96-2978, "All Purpose
Utility Tractor" Glade & Grove Supply in the amount
of $38,395.00. Withdrawn
(12) Adopt a Resolution giving assurances that the T-Groin
Project along Hideaway Beach will be conducted
accordance with the DEP permit.
Res. 97-208
C. PUBLIC SERVICES
Page 8
April 22, 1997
(1) Recommendation that the Board of County Commissioners
approve the attached budget amendment that provides
the funds to renovate the interior of the Golden Gate
Branch Library.
In the amt. of $53,000
Moved to Item #8C5
(2) Recommendation that the Board of County Commissioners
enter into an interlocal agreement with the City of
Naples to provide free beach parking for all Collier
County residents, and by which the reciprocal is true
for City of Naples residents.
D. SUPPORT SERVICES
(1) A Resolution approvmng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said lmens are satisfied in full
for the 1991 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-209
(2) A Resolution approv~ng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1991 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-210
(3) A Resolution approvmng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said lmens are satisfied in full
for the 1992 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-211
(4) A Resolution approvmng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1992 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-212
(5) A Resolution approvmng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said lmens are satisfied in full
for the 1993 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-213
(6) A Resolution approvmng the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said lmens are satisfied in full
for 1993 Solid Waste Collection and Disposal Services
Special Assessments.
Page 9
April 22, 1997
Res. 97-214
(7) A Resolution approving the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1994 Solid Waste Collection Disposal Services
Special Assessments.
Res. 97-215
(8) Recommendation to award Bid #97-2653, Small Landscape
Equipment and Small Engine Equipment Parts and
Service.
Awarded to various dealers as listed in the executive
summary
(9) Recommendation to terminate American Engineering
Services Contract for Calcium Hypochlorite, bid
#96-2570.
Staff authorized to purchase Calci%un Hypochlorite in
the amount of $1.175/lb or $117.50/ton with PB&S
Chemical Company until Sept. 30, 1997
(10) This item has been deleted.
(11) Recommendation to accept a modification to the
Emergency Management Preparedness and Assistance
(EMPA) Base Grant Agreement between the State of
Florida Department of Community Affairs and Collier
County.
(12) Resolution approving Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1991 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-216
(13) Resolution approving the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1992 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-217
(14) Resolution approving the Satisfaction of Liens for
certain residential accounts wherein the County has
received payment and said liens are satisfied in full
for the 1994 Solid Waste Collection and Disposal
Services Special Assessments.
Res. 97-218
(15) This item has been deleted.
(16) This item has been deleted.
Page 10
April 22, 1997
(17) Recommendation that the Board of County Commissioners
authorize the Chairman to execute Satisfaction of
Lien documents filed against real property for
abatement of nuisance and direct the Clerk of Courts
to record same in the Public Records of Collier
County, Florida.
(18) Recommendation that the Board of County Commissioners
authorize the Chairman to execute Satisfaction of
Lien Documents filed against real property for
abatement of nuisance and direct the Clerk of Courts
to record same in the Public Records of Collier
County, Florida.
E. COUNTY MANAGER
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
(1) Miscellaneous Items to File for Record with Action as
Directed.
H. OTHER CONSTITUTIONAL OFFICERS
(1) Recommendation to approve the use of Confiscated
Trust Funds to purchase specialized equipment by the
Collier County Sheriff's Office.
(2) To notify the Board of County Commissioners of the
receipt of Marco Island Chamber of Commerce 1996
accounting of tourist development dollars and the
acceptance by the Clerk of the Circuit Court.
Moved to Item #11A
(3) To seek Board endorsement for the Collier County
Sheriff's Office grant application for funding from
the State of Florida STOP Violence Against Women
Grants Program.
(4) Recommend that the Board of County Commissioners
approve a budget amendment to recognize interest
revenue earned in Fund 115.
I. COUNTY ATTORNEY
(1) Resolution directing the County Attorney to file
foreclosure proceedings against the properties and
owners of certain parcels that are delinquent in
paying their paving assessments.
Res. 97-219
(2) Resolution directing the County Attorney to
institute foreclosure action on delinquent water
Page 11
April 22, 1997
and/or sewer special assessments in accordance with
Florida Statutes.
Res. 97-220, CWS-97-1, MWS-97-1 and GWD-97-1
17. ADJOURN
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