Recap 07/29/1997 R COLLIER COUNTY
BOARD OF COUNTY COMI~ISSIONERS
AGENDA
July 29, 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 AGENDAAND CONSENT AGENDA
Approved and/or adopted with changes - 5/0
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
1) Robert Mayberry - Ochopee Fire Control - 20 years.
2} James Thomas - Parks & Recreation - 20 years.
3) Joseph Chirico - Road & Bridge - 15 years
4) Harry Alkire - Stormwater - Aquatic - 10 years
5) Willie Bullard - Traffic Operations - 10 years
6) Evelyn Ferguson - Department of Revenue - 10 years
7) Patrick Webb - Facilities Management - 10 years
8) Edwin Barroso - Parks & Recreation - 5 years
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July 29, 1997
9) Bruce Sansone - Parks & Recreation - 5 years
10)Brian Swindale - EMS - 5 years
Presented
C. PRESENTATIONS
Added
1. Presentation by the Court Administrator regarding the
reimbursement from the violent Crime Council for the Cracker
Barrel Case. Mark Middlebrook presented a check in the
amount of $30,707.10
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
B. PUBLIC WORKS
1) Request the Board reconsider the Developer Contribution
Agreement with Commercial Development Corporation (CDC),
previously approved with stipulation on June 24, 1997, to
incorporate a revised stipulation requested by developer.
Approved 5/0
Moved from Item #16B2
2) Recommendation that that Board authorize proceeding with
judicial action for Prescriptive Easement Rights for Collier
County and the public to a segment of roadway known as
Miller Boulevard Extension and to direct staff to approach
property owners to donate easement interests to Collier
County.
Approved 5/0
C. PUBLIC SERVICES
1) Consider the proposed neighborhood park options for Tract
179 in Golden Gate and provide staff with direction.
Staff directed to pursue purchase & improvements with
General Fund revenue based on County Attorney review and to
be repaid by proposed MSTU within 18 months or property to
be sold~ Appraisals waived - 5/0
2) Recommendation that the Board of County Commissioners adopt
a Resolution to amend the Collier County Parks and
Recreation Facilities License and Fee Policy and superseding
Resolution Nos. 96-364, 96-467 and 96-556. (Continued from
7/22/97 meeting.)
Res. 97-301 - Adopted 3/2 (Commissioners Constantine and
Berry opposed)
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July 29, 1997
D. SUPPORT SERVICES
1) Revision of the Collier County Fire Control Contractual
Agreements.
Approved 5/0
E. COUNTY ADMINISTRATOR
1) Approve contract with Visit Naples, Inc. for a maximum of
$1,047,358 Economic Disaster Recovery Program, Tourist
Development funds and expenditures of $6,850 for annual
preparation work. Approved 5/0
Added
2) Adopt a resolution and fixing the date, time and place for
the public hearing for approving the special assessment
against properties within Pelican Bay. (Staff's request)
Res. 97-302 setting date of Tuesday, September 9, 1997 at
6=00 P.M. at Pelican Bay - Adopted 5/0
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Update regarding Army Corps of Engineers (PEIS) by Chairman
Timothy L. Hancock.
Final report to be brought back 8/5/97.
Added
B. Discussion regarding the request for reconsideration of the
utility regulation ordinance. (Commissioner Constantine)
To be brought back on 8/5/97
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. Marilyn Bell re agenda changes
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS BCC
A. COMPREHENSIVE PLAN AMENDMENTS
1) Petition CP-97-1, Martin D. Pinckney, P.E., representing
Martin Frimberger/Amy Jerde, requesting a small scale
amendment to the Marco Island Future Land Use Map of the
Marco Island Master Plan, an element of the Growth
Management Plan, to change the land use designation from low
density residential to community commercial on .54 acres of
property.
Denied 5/0
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July 29, 1997
B. ZONING AMENDMENTS
C. OTHER
1) Petition AV 97-013 to vacate all public road rights of way
and utilities easements and dedications within that portion
of Championship Drive (F/D/A Marriott Club Drive) lying east
of the Collier County Water-Sewer District Pump Station;
Fiddler's Creek Parkway (F/K/A Tournament Boulevard); Club
Center Boulevard (F/K/A Championship Drive), as shown on the
Marco Shores Unit 30 Golf Course Plat; and that certain 60
foot Roadway Easement recorded at O.R. Book 1557, Page 2335,
ET SEQ; all located in Sections 14 & 15, Township 51 South,
Range 26 East, Collier County, Florida.
Continued to August 5, 1997
2) Recommendation to the Board of County Commissioners to
consider the application submitted by Mediaone Enterprises,
Inc. for the renewal of a cable franchise.
Continued to August 5, 1997
3) Recommendation to adopt a Backflow Cross-Connection Control
Ordinance for the Collier County Water/Sewer and Goodland
Water District.
Ord. 97-33 utilizing Option 4 Adopted 4/1 (Comm. Constantine
opposed)
4) Recommendation to adopt a Resolution approving amendments to
the Fiscal Year 1996-97 Adopted Budget.
B.A.R. 97-3 Adopted 5/0
5) Recommendation to adopt a Resolution approving amendments to
the Fiscal Year 1996-97 Adopted Budget.
B.A.R. 97-4 Adopted 5/0
6) Petition CCSL-97-2, William L. Hoover, AICP, of Hoover
Planning Shoppe, representing The Vanderbilt Beach Motel
requesting a Coastal Construction Setback Variance to allow
for construction to enclose the first floor of an existing
structure for two meeting rooms (one with bar), motel
offices, storage, and restrooms, located at The Vanderbilt
Beach Motel, Lot 4, Block A, Conners Vanderbilt Beach
Estates, Unit No. 1, Sec. 32, T48S, R25E.
Continued to August 5, 1997
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition V-96-28, John Grissom representing Landmark
Communities, c/o Mike Jeppesen, requesting a 1.94 foot
dimensional variance from the rear yard setback requirement
of five (5) feet for an accessory structure in a PUD zoning
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July 29, 1997
district for property located in Queen's Park Subdivision at
Lago Verde, Phase Seven, Lot 189, Sec. 18, T50S, R26E.
(Continued to the meeting of 9/9/97)
2) Petition V-96-31, Daniel Tetlow, Jr., requesting a 7.25 foot
dimensional variance from the side yard setback requirement
of 7.5 feet to allow an existing single family dwelling unit
to remain at .25 feet from the westerly side property line
in an RSF-4 Zoning District for property located in Naples
Manor Subdivision, Unit 1, Block 4, Lot 8, Sec. 29, TSOS,
R26E.
Res. 97-303 Adopted 5/0
3) Petition CU-97-14, Paul Tateo, Trustee, as contract buyer
for WR Realty Partners requesting Conditional Use "4" of the
C-4 Zoning District for the establishment of a dry marina,
new and used boat and equipment sales and related service
work for property located at the intersection of Bald Eagle
Drive and Windward Drive, further described as Lot 11, Block
776, Marco Beach, Unit 4 Replat, in Sec. 8, T52S, R26E,
consisting of 0.94+/- acres.
Res. 97-304 Adopted 5/0
4) Petition FDPO-97-1, William L. Hoover, AICP, of Hoover
Planning Shoppe representing Vanderbilt Beach Motel
requesting a 4.1 foot variance from the minimum required
base flood elevation of 13 feet NGVD to 8.9 feet NGVD for
property located at 9225 Gulf Shores Drive North.
Continued to August 5, 1997
5) Petition NUC-97-2, Beau Keene, P.E., representing First
Charter School of Collier County, Inc., requesting a non-
conforming use change for use as a school and associated
uses for property located at the southwestt~orner of the
intersection of Golden Gate Parkway and 68 Street SW,
consisting of +/- 5 acres.
Res. 97-305 Adopted 4/0 (Comm. Mac'Kie abstained)
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Comm. Mac'Kie re Davis Triangle clean-up
B. Comm. Constantine re Aug. 8, 1997 MPO meeting
C. Comm. Hancock re employee parking in public area
D. Comm. Hancock re letter to Clerk Brock re Intellinet audit
15. STAFF, S COMMUNICATIONS
A. County Attorney re Marco Island hospital property
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July 29, 1997
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 with changes 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve the final plat of "Village Walk
Phase Six".
With stipulations and Construction & Maintenance Agreement
and Letter of Credit
2) Recommendation to approve the final plat of "Avila, Unit
One".
With stipulations and Construction & Maintenance Agreement
3) Recommendation to approve the final plat of "Avila, Unit
Two".
With stipulations and Construction a Maintenance Agreement
4) Recommendation to approve the final plat of "Avila, Unit
Three"
With stipulations and Construction & Maintenance Agreement
5) Recommendation to approve the final plat of "Avila, Unit
Five"
With stipulations and Construction & Maintenance Agreement
6) Recommendation to approve the final plat of "Avila, Unit
Six".
With stipulations and Construction a Maintenance Agreement
7) Recommendation to approve the final plat of "Avila, Unit
Four" .
With stipulations and Construction & Maintenance Agreement
B. PUBLIC WORKS
1) Request the Board authorize the Chairman to sign an
Environmental Resource Permit Application necessary to carry
out repairs to Bridge 030176 (Vanderbilt Drive over Big
Horse Pass).
Moved to Item #8B2
2) Recommendation that that Board authorize proceeding with
judicial action for Prescriptive Easement Rights for Collier
County and the public to a segment of roadway known as
Miller Boulevard Extension and to direct staff to approach
property owners to donate easement interests to Collier
County.
3) Recommendation to schedule for advertisement an Ordinance
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July 29, 1997
creating the Radio Road Beautification Advisory Committee;
providing for appointment and composition; setting forth
terms of office; providing for removal from office; failure
to attend meetings; providing for officers, quorum, rules of
procedure; providing for reimbursement of expenses; setting
forth the functions; powers and duties of the Committee;
setting forth the duties of the County Administrator or his
Designee; providing a review process; providing for conflict
and severability; providing for inclusion in the Code of
Laws and Ordinances; and providing an effective date.
4) Approve a Construction Change Order with Better Roads, Inc.
for the Rattlesnake Hammock Road Four Laning Project, Bid
No. 95-2441.
In the net increase amount of $54,930.57
5) Recommendation that the Board of County Commissioners
approve a Purchase Agreement for the sale of Surplus
Property known as Quail Creek, Unit 2, Outlot "B", Plat
Book 13, Pages 74-77.
6) Approve Lumec, Inc. as sole source vendor of lighting for
the Immokalee Downtown Streetscape Beautification Project.
7) Approve a Construction Change Order with APAC-Florida, Inc.
for the Vanderbilt Beach Road Four Laning Project, Bid
Number 95-2438.
In the maximum amount of $505,339.00; approval of a
consulting engineering fee of $5,000 with Wilson, Miller,
Barton & Peek, Inc. under a supplemental agreement~ and
authorize an agreement amendment with WCI Communities, LP
for a $109,959.41 reduction in road impact fee credits.
8) Recommendation that the Board of County Commissioners
authorize a Change Order to the Vaccaro Consulting, Inc.
Agreement to develop a Functional Specification for DOR
Utility Billing, Solid Waste, Special Assessment and Cash
Receipts Business Functions.
In the amount of $3,300
C. PUBLIC SERVICES
1) Approve the attached budget amendment that provides the
funds to install a Johnson Climate Control System as part of
the Marco Island Branch Library expansion project.
2} Award Bid #97-2701 to J. W. Craft, Inc. for the use of
portable toilet rentals at all Collier County Park
facilities.
3) Report to the Board on the status of Florida Communities
Trust Preservation 2000 grant funding approval relative to
the Sugden Regional Park and recommendation that the Board
authorize its Chairman to execute appraisal agreements
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July 29, 1997
should additional appraisals be required by the trust.
4) Recommendation that the Board accept two quitclaim deeds for
the donation of the property situated in Section 16,
Township 52 South, Range 26 East, Collier County for park
and recreational lands.
5) Approve the Tigertail Beach Concession Agreement with Cool
Concessions, Inc.
6) Approve the budget amendment transferring funds from
Personal Services to Capital Improvements in Fund 111
Immokalee/Everglades MSTD.
7) Authorize continuation contracts between Collier County and
the Area Agency on Aging for Southwest Florida, Inc., for
services to the elderly.
D. SUPPORT SERVICES
1) Authorization of Funding for the Payment of the Annual
Systems Maintenance Agreement for the Human Resources
Information System Software
E. COUNTY ADMINISTRATOR
1)Budget Amendment Report.
B.A. 97-326
2) Recommendation to increase the Airport Authority's fuel
budgets at all three airports so that the Authority can
continue to supply AV gas and fuel to their customers.
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
17. ADJOURN
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July 29, 1997