Recap 08/05/1997 R August 5, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
August 5, 1997
9z00 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 5/0 with the exception of Item
#16C2 which is 4/1 with Commissioner Constantine opposing)
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming August 16, 1997 a~dAirborne Day.
To be accepted by Scott Gregory, Chairman, 82 Airborne
Division Association and Chaplin Robert J. Kalmanek.
Adopted 5/0
B. SERVICE AWARDS
1} Thomas Mitchell Ochopee Fire Control - 20 years
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August 5, 1997
2) Richard Hartwell - OCPM - 5 years
Presented
C. PRESENTATIONS
1) Recommendation to recognize Steve Fontaine, Building Review
& Permitting, Community Development Division, as Employee of
the Month for August 1997.
Recognized
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.
B. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Michael G'Francisco requesting a refund of a sewer impact fee.
Refund to be forthcoming after adoption of refund ordinance by
the BCC on 9/9/97
B. J. Dudley Goodlette regarding improvements to County Road 29 -
Chokoloskee Island.
Staff directed to follow up regarding improvements.
Deleted
C. Joseph Coriaci, Chairman - Marco Healthcare Center regarding a
title to land for the medical facility. (Withdrawn at
Petitioner's request)
D. Dennis Vachon regarding a refund of a sewer impact fee.
Refund to be forthcoming after adoption of refund ordinance by
the BCC on 9/9/97
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) A Resolution by the Board of County Commissioners, Collier
County, Florida, that Certified Diabetic Services, Inc., be
approved as a Qualified Applicant pursuant to s.288.106,
Florida Statutes; and providing an appropriation of up to
$36,000 as local participation in the Qualified Target Industry
Tax Refund Program for Fiscal Year(s) 1998 through 2002, and
providing for an effective date.
Resolution 97-309 - Adopted 5/0
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August 5, 1997
B. PUBLIC WORKS
C. PUBLIC SERVICES
1) Consideration of a request for funding for the construction
of a building to be utilized as the headquarters for the Marco
Island Coast Guard Auxiliary.
Approved with proviso that Classroom be used by the general
public and that Staff pursue any grants available - 5/0
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) Approve funding for a Five Event Weekend for $12,000 Tourist
Development funds, special events.
Approved 4/0 (Commissioner Norris out of the room)
2) Approve funding the Marco Island Chamber of Commerce for
$436,800 Tourist Development funds, advertising and promotion.
Approved 4/0 (Commissioner Norris out of the room)
3) Approve funding Visit Naples, Inc. for $580,200 Tourist
Development funds, advertising and promotion.
Approved 4/0 (Commissioner Norris out of the room)
4) Approve funding Navigational Aids in Wiggins and Caxambas
Passes $5,000, monitoring Marco Island Beach Renourishment
Project $110,935, maintenance dredging of Wiggins Pass
$440,550, maintenance dredging of South Channel and Water
Turkey Bay $665,115, post construction maintenance needs for
Beach Renourishment Project $283,382, and beach cleaning
equipment $164,565, Category A Tourist Development Funds.
Approved 5/0
5) Approve funding the Southwest Florida Film Commission for
$140,000 Tourist Development Funds Advertising and Promotion.
Approved 5/0
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Board of Building Adjustments and
Appeals.
Res. 97-310 appointing Frederick Swetland, III and Gary Hayes -
Adopted 5/0
B. Appointment of members to the Immokalee Enterprise Zone
Development Agency.
Tabled until later in meeting for legal review - 5/0
Res. 97-317 appointing Alan Neuman and Herman Spooner - Adopted
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August 5, 1997
5/0. Extension officer to become ex-officio member and to
readvertise for resident for committee.
C. Appointment of members to the Hispanic Affairs Advisory Board.
Res. 97-311 appointing Pete Cade, Jr. and Dora S. Vidaurri -
Adopted 5/0
D. Request for reconsideration of Ordinance 97-31 amending
Ordinance 96-6, "The Utility Regulation Ordinance"
To be Brought Back to the BCC - 5/0
E. Request Board direction regarding Army Corps of Engineers'
PEIS.
Staff to transmit draft document to Corps for comment -
Consensus
11. OTHER CONSTITUTIONAL OFFICERS
Added
A. Board authorization for the Sheriff's Office to apply for funds
under the State Criminal Alien Assistance Program. (Sheriff's
Request)
Approved 4/0 (Commissioner Constantine out of the room)
PUBLIC COHMENT ON GENERAL TOPICS
1. David Sheely regarding the Big Foot in the Everglades
2. A1 Perkins regarding full disclosure.
3. Ty Agoston regarding County Manger and spending of county
money.
4. Nettie Phillips regarding opposition to the PEIS study and
standing by the Constitution.
PUBLIC HEARINGS WILL BE HEARD IHMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-97-5, Mr. William L. Hoover requesting a
rezone from "A" Agricultural to "PUD" Planned Unit Development
to be known as Zurich Lake Villas PUD for property located on
the east side of 1-75 and approximately three-quarters of a
mile south of Immokalee Road in Sec. 30, T48S, R26E, consisting
of 44.36 acres, more or less.
Ord. 97-34 w/stips. - 4/1 (Commissioner Constantine opposed)
2) Petition R-97-3, Community Development and Environmental
Services Division representing the Collier County Board of
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August 5, 1997
County Commissioners requesting a rezone from "PUD" Planned
Unit Development to "E" Estates for the Island Pines Garden PUD
located immediately south of the County maintenance facility on
County Barn Road in Seco 8, T50S, R26E, consisting of 10 acres,
more or less. (Continued to the meeting of 8/26/97)
C. OTHER
1) Petition AV 97-008 to vacate a 6' wide drainage easement
along the Northeast property line of Lot 32 and to vacate the
contiguous 6' wide drainage easement along the Southwest
property line of Lot 33, "Quail West Unit One, Replat"
according to the Plat thereof as recorded in Plat Book 21,
Pages 84 through 106 of the Public Records of Collier County,
Florida, and to accept as a replacement easement a 15' wide
drainage easement through a portion of said Lot 32.
Res. 97-312 - Adopted 5/0
2) Petition CCSL-97-1A, Brett D. Moore, P.E., of Humiston and
Moore Engineers representing the Pelican Bay Foundation, Inc.,
requesting a Coastal Construction Setback Line Variance to
allow for construction consisting of a handicapped beach access
ramp, boardwalk and beach stairs, in-filling open areas with
decking, roof coverings over decking, restaurant expansion and
addition of new decks, located at the Pelican Bay North beach
facility, Pelican Bay Planned Unit Development, in Sec. 5,
T49S, R25E.
Res. 97-313 - Adopted 5/0
3) Petition CCSL-97-1B, Brett D. Moore, P.E., of Humiston and
Moore Engineers representing the Pelican Bay Foundation, Inc.,
requesting a Coastal Construction Setback Line Variance to
allow for construction consisting of a handicapped beach access
ramp, in-filling open areas with decking, roof coverings over
decking, restaurant expansion and addition of new decks,
located at the Pelican Bay South beach facility, Pelican Bay
Planned Unit Development, Sec. 8, T49S, R25E.
Res. 97-314 - Adopted 5/0
4) Approval of an Ordinance enabling Code Enforcement
personnel to issue citations for code violations.
Ord. 97-35 - Adopted with changes 5/0
5) 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 from the meeting of
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August 5, 1997
7/29/97)
Res. 97-315 - Adopted 5/0
6) Recommendation to the Board of County Commissioners to
consider the application submitted by MediaOne Enterprises,
Inc. for the renewal of a cable franchise. (Continued from
7/29/97)
Approved - 4/0 (Commissioner Constantine abstained)
7) 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, Conhers Vanderbilt Beach Estates, Unit No. 1,
Sec. 32, T48S, R25E. (Continued from the meeting of 7/29/97)
Res. 97-316 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
Deleted
1} 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 Shore Drive North. (Continued from the meeting of
7/29/97)
Deleted
B. OTHER
14. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion by Commissioner Constantine regarding vendors for
the transportation of disadvantaged.
15. STAFF'S COMMUNICATIONS
A. County Attorney regarding the Fifth National Court Technology
Conference in Detroit in September.
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 with the exception of
Item #16C2 which is 4/1 with Commissioner Constantine opposed
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
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August 5, 1997
1) Petition AV-97-010, recommendation to approve for
recording the final plat of Quail West Unit One , Replat Block
B, and approve the vacation of a portion of the previously
recorded plat of Quail West Unit One Replat.
Res. 97-306~ with construction and maintenance agreement,
performance bond as security and stips.
2) Request to approve the final plat of Tarpon Cove Replat.
w/stips.
3) Request to approve for recording the final plat of Sapphire
Lakes, Unit 4A.
w/construction, maintenance and escrow agreement & stips.
4) Request to approve a Quit Claim Deed releasing the County's
interest in a temporary drainage easement within the Village
Walk Development.
5) Approval of a Budget Amendment(s) recognizing additional
revenue in Fund 111 for mapping work.
6) Final acceptance of the roadway, drainage, water, and sewer
improvements for the final plat of "Village Walk, Phase One".
Res. 97-307
7) Final acceptance of the roadway, drainage, water, and sewer
improvements for the final plat of "Village Walk, Phase Two".
Res. 97-308
8) Approval and execution of Agreement to provide legal
counsel for the South Code Enforcement Board.
9) Approval of a Budget Amendment to recognize additional
revenues for fire plans review to be collected and paid to the
North Naples Fire District.
In the amount of $75,400.00
B. PUBLIC WORKS
1) To obtain Board of County Commission approval of Budget
Amendment to increase Purchase Orders for Solid Waste
Collection in Franchise Service Areas One and Two, to complete
the 1997 Fiscal Year.
2) Award contract to construct South County Regional Water
Treatment Plant Backwash Retention Pond Modifications, Bid No.
97-2676.
Award to Mitchell & Stark Construction Company, Inc., in the
amount of $145,000.00
C. PUBLIC SERVICES
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August 5, 1997
1) Award Bid No. 97-2666 to Mitchell Building Contractors,
Inc. for the restoration of the historic Everglades Laundry
Building in Everglades City and authorize the Chairman to sign
contract documents with the general contractor solicited under
this bid.
In the amount of $352,490.00
2) Acceptance of two (2) fee simple deeds for the donation of
the property for a Domestic Animal Services facility.
3) Awarding Bid #97-2700 for emergency electrical repair
services to be utilized at all County park facilities.
Award to Phelps Electric, Inc.
D. SUPPORT SERVICES
1) Recommendation to award Bid No. 97-2683 for sprinkler parts
and related items.
Award to Century Rain Aid as primary vendor and Hyatt Sprinkler
Supplies, Inc. as secondary vendor
2) Award Bid #97-2680 for Temporary Clerical Service.
Award to AccuStaff, Kelly Services & Manpower
3) Approval of sole source agreement for maintenance of
telephone switching equipment.
With Lucent Technologies, in the estimated annual amount of
$62,598.76
4) Approval to renew contract #94-2268 for the purchase of
automobiles and light trucks.
With various vendors listed in the Executive Summary
E. COUNTY ADMINISTRATOR
1) Request authorization for the County Administrator to
approve consent and emergency agenda items during the Board's
absence.
2) Recommendation that the Board of County Commissioners
approve the compensation amount for Fiscal Year 1998 as
contained in the Agreement with Gary L. Moyer, P.A. to provide
for current contract manager services for the Pelican Bay
Services Division.
3} Budget amendment to cover unanticipated costs in the County
Administrator's Administration cost center.
4) Budget Amendment Report.
B.A.'s 97-332, 97-344, 97-357, 97-367 & 97-374
F. BOARD OF COUNTY COMMISSIONERS
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August 5, 1997
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
1) Recommendation to the Board to Accept the Satisfaction of
Final Judgment in the Lawsuit Entitled Billups vs. Collier
County and to Authorize the Chairman to Accept Receipt of
Payment and to Execute All Necessary Settlement Documents.
In the amount of $3,400.00
17. ADJOURN
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