Recap 06/24/1997 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 24, 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
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
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or Adopted with changes 4/0 (Commissioner Hancock
out)
4. APPROVAL OF MINUTES
Approved as Presented - 4/0 (Commissioner Hancock out)
A. June 3, 1997 - Regular meeting.
B. June 4, 1997 - Special meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming June 22-28, 1997 as Agricultural
Program Volunteer Appreciation Week in Collier County.
Adopted - 4/0 (Commissioner Hancock out)
1
B. SERVICE AWARDS
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY 96/97.
3) Facilities Construction Fund (301) FY 96/97.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve Commercial Excavation Permit
59,605 - Capital Homes Commercial Excavation, located in Sec.
4, T48S, R28E (Lots 109 and 110, Unit 45, Golden Gate
Estates).
Approved 4/0 (Commissioner Hancock out)
Added
2) Recommendation to approve for recording the final plat of
"Naples Heritage Golf & Country Club Phase Two-B"
(Staff's Request)
Approved 4/0 (commissioner Hancock out)
Added
3) Recommendation to approve for recording the final plat of
Fiddler's Creek, Phase 1B, Unit Two. (Staff's Request) -
Approved 4/0 (Commissioner Hancock out)
Added
4) Recommendation to approve for recording the final plat of
"Pelican Marsh, Unit Seventeen." (Staff's Request)
Approved 4/0 (Commissioner Hancock out)
Added
5) Recommendation to approve for recording the final plat of
"Pelican Strand Replat 1A". (Staff's Request)
Approved 3/0 (Commissioner Hancock out and Commissioner Norris
abstained)
B. PUBLIC WORKS
1) Review Hearing for Alternative Water and Wastewater System
Impact Fee Calculation for Chancellor Park.
Approved 4/1 (Commissioner Norris opposed)
2) Report to the Board of County Commissioners on the Solid Waste
Standard Container Pilot Program and request for direction
regarding the Solid Waste Collection Franchise Agreements.
2
(Continued from 3/25/97)
Three year contract with WMI and consumer survey to be
conducted at the end of a two year period - Approved 4/1
(Commissioner Constantine opposed) Multi-family issue to
remain the same. Full Audit to be conducted.
3) Approval of Funding Options for preparation of the Conceptual
Design/Streetscape Plan Component of the Adopted Marco Island
Master Plan.
$97,500 from Fund 102, $52,500 from Fund 111~ Staff directed
to establish M.I. MSTU~ $52,500 to be repaid to Fund 111 from
M.I. MSTU
4) Approve a Construction Change Order with Better Roads, Inc.
for storm sewer remedial work for the Rattlesnake Hammock Road
Four Laning Project, Bid No. 95-2441
Approved 5/0.
Added
5) Request Board approval of a Developer Contribution Agreement
with Commercial Dvelopment Company for a land donation for a
segment of the future east-west segment of Livingston Road in
North Naples. (Staff's Request)
Approved in the maximum amount of $520,000 - 5/0
C. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approve
the Parks Capital Planning Report and the "Creation of
Neighborhood Parks" policy, and direct staff to develop a
contract for a new updated study of the Parks' Impact Fees.
Approved~ Staff directed to begin new study 5/0
2) Recommendation to the Board of County Commissioners that staff
has no additional information or recommendations in regard to
the beach parking interlocal agreement issue with the City of
Naples since the item was continued from the May 20, 1997
Board of County Commissioners' meeting. (Continued from
05/20/97 meeting)
Accepted 5/0
D. SUPPORT SERVICES
Deleted
1) Recommendation that the Board of County Commissioners consider
adopting the attached Resolution updating the Collier County
Ambulance Service User Fees.
Deleted - Requested by County Administrator
E. COUNTY ADMINISTRATOR
1) Board review of the Correctional Facilities Impact Fee
Feasibility Study prepared by Henderson, Young, & Company.
Presented~ Staff directed to proceed w/Phase Two -
(Commissioner Constantine opposed)
3
2) Report on Revenues for 2nd quarter for Fiscal Year 1997.
Presented
9. COUNTY ATTORNEY'S REPORT
A. Board consideration and direction regarding procurement of
professional services for implementation of Interim
Governmental Services Fees.
Staff recommendation accepted 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Resolution opposing Army Corps of Engineers Environmental
Impact Study. SCHEDULED TO BE HEARD AT 1500 P.M.
Chairman to follow process as participant and report back to
the BCC on August 5, 1997, for action.
B. Discussion regarding the commercial loading dock at the Naples
Landing Park. (Commissioner Hancock).
Staff to draft letter for Chairman's signature in order to
adjust funds in agreement
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. A1 Perkins re Special Interest Groups
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-97-7, Thomas E. Killen representing the Progeny
Corporation, requesting a rezone from "I" Industrial to "PUD"
Planned Unit Development to be known as the Progeny Commerce
Center PUD containing all those industrial uses allowed in the
industrial district and certain commercial uses that qualify
as transitional uses between industrial and non-industrial for
property located on the north side of Radio Road, west of
Industrial Boulevard in Sec. 36, T49S, R25E, consisting of
9.27 acres, more or less.
Ordinance 97-28 with changes - Adopted 5/0
C. OTHER
1) Petition AV 97-002 to vacate a portion of Tracts M-1 and
M-2 and all of Tract M-3 being private roadways as shown on
the Plat of Crystal Lake Terraces at Eagle Creek, as recorded
in Plat Book 16, Pages 30-31, of the Public Records of Collier
County, Florida. (Companion item to the Plat of Crystal Lake
4
Terraces at Eagle Creek Replat.)
Res. 97-278 - Adopted 5/0
2) Petition SNR-97-5, Russell M. Lazega of Woodward, Pires &
Lombardo, P.A., representing Gulf Bay 100, Inc., requesting a
street name change from Championship Drive to Club Center
Boulevard which street is located in the Marco Shores Unit 30
Golf Course PUD Subdivision, located in Sections 14 and 15,
TS1S, R26E.
Res. 97-279 - Adopted 5/0
3) Petition SNR-97-2, Russell M. Lazega of Woodward, Pires &
Lombardo, P.A., representing Gulf Bay 100, Inc., requesting a
street name change from Tournament Boulevard to Fiddler's
Creek Parkway, which street is located in the Marco Shores
Unit 30 Golf Course PUD Subdivision, located in Section 14,
TS1S, R26E.
Res. 97-280 - Adopted 5/0
4) Petition SNR-97-4, Russell M. Lazega of Woodward, Pires &
Lombardo, P.A., representing Gulf Bay 100, Inc., requesting a
street name change from Marriott Club Drive to Championship
Drive located within the Marco Shores Unit 30 Golf Course PUD
Subdivision in Sections 14 and 15, TS1S, R26E.
Res. 97-281 - Adopted 5/0
5) Recommendation to adopt a Resolution confirming the
Preliminary Assessment Roll as the Final Roll and adopt the
same as the Non-Ad Valorem Assessment Roll for the purpose of
utilizing the Uniform Method of Collection pursuant to Section
197.3632, Florida Statutes, within the Naples Park Area
Drainage Improvements Municipal Service Benefit Unit.
Res. 97-282 - Adopted with change 5/0
6) Request for Board to adopt the accompanying Resolution
reducing the regulatory assessment fee from four and one-half
percent to three percent of gross revenues effective October
1, 1997 for nonexempt privately owned water and wastewater
systems subject to local regulation, authorizing the Collier
County Water and Wastewater Authority to adjust water and
wastewater rates accordingly.
Res. 97-283 - Adopted 5/0
7) Recommendation to the Board of County Commissioners to
consider an application for a cable franchise submitted by
Marco Island Cable, Inc. (Continued from 6/17/97} (THIS ITEM
SCHEDULED TO BE HEARD AT 10=00 A.M.)
Approved 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition A-97-2, Richard Jaklitch requesting an appeal of the
Collier County Planning Commission's approval of Petition BD-
97-11 on May 15, 1997, for property located at Lot 8, Block F,
Little Hickory Shores, Unit 3 Replat.
Appeal denied~ CCPC decision upheld 5/0
2) Petition CU-97-10, Robert Duane representing Seacrest School
requesting Conditional Use "4" of the Estates Zoning District
for a school addition for property located at 7100 Davis
Boulevard in Sec. 8, T50S, R26E, consisting of approximately
9.8 acres.
Res. 97-284 - Adopted 5/0
3) Petition V-97-3, Charles Holland requesting a 16.4 foot
variance from the required 30 foot rear setback to 13.6 feet
for property located at 2721 Van Buren Avenue, further
described as Lots 38-40, Craigs Subdivision, in Sec. 14, TS0S,
R25E.
Res. 97-285 - Adopted 5/0
4) Petition V-97-4, Gail J. and Linda J. Hafner are requesting an
after-the-fact variance of 29 feet from the required rear
setback of 75 feet to 46 feet for permitted storage shed
converted into a guest hous~hwithout a building permit for a
property located at 1181 25 Street S.W. in Golden Gate
Estates. (Continued - No Date)
B. OTHER
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Budget discussion regarding the 3% COLA to be granted on
October 1, 1997 if possible.
15. STAFF'S 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 - 5/0 with changes
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve for recording the final plat of
"Pelican Lake R.V. Resort, Unit Two".
With Construction, Maintenance and Escrow Agreement as
security and stipulations
2) Recommendation to approve for recording the final plat of
"Crystal Lake Terraces at Eagle Creek Replat" (Companion to
Agenda Item 12C.(1)
With Construction, Maintenance and Escrow Agreement as
security and stipulations
3) Recommendation to approve for recording the final plat of
Southwest Professional Health Park.
With Construction, Maintenance and Escrow Agreement as
security and stipulation
4) Recommendation to approve for recording the final plat of
"The Lady".
B. PUBLIC WORKS
1) Recommendation to approve the purchase of the Meli Property
to meet South Florida Water Management District Mitigation
Requirements.
In the amount of $230,329.00~ with stipulations
2) Recommendation to approve mid-year adjustments to Water
Management CIP Budget (Fund 325).
3) Follow-up Resolution to the Board for posting of signs
prohibiting operation of trucks and other commercial vehicles
having a rated load-carrying capacity in excess of one ton
from through movements on Pelican Ridge Boulevard.
Res. 97-277
4) Approve Change Order No. 1 (Final) to Contract No. 97-
2628, Marco Island Beach Renourishment.
In the amount of $87,190.00
5) Award Contract to construct the Reclaimed Water
Transmission Main from Quail Creek to the North County
Regional Water Treatment Plant, Phase II, Bid No. 97-2674.
Awarded to Mitchell & Stark Construction Company, Inc., in the
amount of $1,132,915.51
6) Approve a Change Order with Saltsman Construction, Inc. for
additional construction services for S.R. 29 Canal Crossing
Improvements, Bid No. 95-2320.
In the amount of $25,265.62
7) Approve Work Order for Professional Engineering Services
related to the County Reclaimed Water System Back-Pressure
Sustaining Valves.
Work Order HMA-97FT-1 with Hole, Montes & Assoc., in the
amount of $23,000.00
8) Recommendation to award Bid No. 97-2655 for Liquid Sludge
and Cake Residual Disposal.
Award to Karle Enviroo-Organic Recycling for Liquid Sludge
Disposal and to J & J Baker Enterprises for Cake Residual
Disposal
9) Approve Word Order WMB&P FT 97-7 with Wilson, Miller,
Barton and Peek, Inc. for Engineering Services related to the
relocation of Water and Wastewater Facilities in U.S. 41
In the total amount of $24,000.00
10) Recommendation to enter into negotiations with R&L
Industries for Plastic Farm Mulch Recycling at the Immokalee
Landfill.
11) Approve and execute a Professional Services Agreement with
Hole, Montes and Associates, Inc. for the Airport-Pulling
Road Bridge Project at Junction Immokalee Road (RFP No. 97-
2636).
In the maximum amount of $224,423.00
12) Approve partial construction bids for Pathway and
Landscape Improvements along [~nderbilt Drive between
Vanderbilt Beach Road and 111 Avenue.
Award a contract for pathway work to Better Roads, Inc., in an
amount not to exceed $215,683.001 Award a contract for partial
irrigation work to Smallwood Landscaping, Inc., in an amount
not to exceed $30,000.00
C. PUBLIC SERVICES
1) Recommendation that the Board of Collier County
Commissioners accept donations in the amount of $12,000 from
Collier County growers to be used to pay the salary of the
Commercial Vegetable Agent.
2) Recommendation that the Board of Collier County
Commissioners authorize the attached work order and budget
amendment to enable the construction of the skateboard
facility at the East Naples Community Park.
Work Order SC-#28 With Surety Construction, Inc., in the
amount of $199,443.00
D. SUPPORT SERVICES
1) Recommendation that the Board of County Commissioners
approve an Agreement for the Provision of Telecommunication
Services and Facilities between Collier County and Sprint-
Florida, Incorporated and approve a budget amendment for
expenses related to the operation of same.
2) Report to the Board of County Commissioners concerning the
sale and transfer of items associated with the County Surplus
Auction of June 7, 1997.
3) To gain Board approval for the Chairman to sign an
application for renewal of Collier County's Radio Amateur
Civil Emergency Service (RACES) Amateur Radio License.
E. COUNTY ADMINISTRATOR
8
1) Budget Amendment Report.
B.A.'s 97-278 & 97-296
2) Request authorization for the County Administrator to
approve consent and emergency agenda items during the Board's
recess.
3) Approve minor line item revisions to the amended 1997
Agreement between Collier County and the Naples Area
Accommodations Association, Inc. for Category B, Tourist
Development Funds.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the Chairman
to sign Satisfaction of Lien for Services of the Public
Defender for Case Nos.: 91-1069-TM, 91-2197-TM, 91-2114-TMC,
90-672-TM, 90-6251-TM, 90-5496-TM/90-5313-TM, 87-1942-TMC/87-
1962-TM, 89-1821-TM, 89-1821-TM, 90-1799-TM, 89-4978-TM/90-
1799-TM, 90-1798-TM, 90-185-IT, 94-1975-CFA, 92-671-MMA, 92-
671-MMA, 91-4108-TM/92-1419-MMA, 96-8458-MMA.
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
1) Recommendation to the Board to accept negotiated settlement
and approve payment in the lawsuit of Harry Finniqan, et al.,
vs. Collier County and to authorize the chairman to execute
all necessary settlement documents.
In the amount of $13,500.00
2) Recommendation that the Board approve and authorize the
Chairman to execute a Continuing Retention Agreement for
services on an "as-needed" basis with the law firm of Allen,
Norton & Blue, P.A., to meet County Purchasing Policy contract
update requirements.
3) Recommendation that the Board approve and authorize a
Budget Amendment to cover the costs of updates to the Collier
County Code of Laws and Ordinances and Land Development Code
through the end of the contract period.
In the amount of $14,500.00
17. ADJOURN