Recap 09/23/1997 R September 23, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 23, 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 - Reverend Dr. Les Wicker, Naples United Church of
Christ
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or adopted with changes 5/0
4. APPROVAL OF MINUTES
Approved as presented 5/0
A. September 2, 1997 - Regular Meeting
B. September 3, 1997 - Budget Hearing
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
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September 23, 1997
1) Proclamation proclaiming week of October 1-7, 1997 as United
Way of Collier County Campaign Kick-Off Week. To be accepted
by Shannon Anderson, Campaign Development Director for United
Way and Ernie Bretzmann, Executive Director of United Way.
Adopted 5/0
B. SERVICE AWARDS
Presented
1) Judith Marks Social Services - 20 years.
2) Shirley Eilers Ray - Code Enforcement - 10 years.
C. PRESENTATIONS
Added:
1) Plaque to County Administrator from ICMA
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR, S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Moved from Item #16A5
1) Commission approval of an Agreement with the Economic
Development Council of Collier County, Inc., (EDC) to execute
Phase II of the Economic Diversification Program and provide a
contribution of up to $250,000 for Fiscal Year 1997-98.
Approved 5/0
B. PUBLIC WORKS
1) Provide Staff direction on request by Lely Civic Association
for assistance related to repairing a stormwater pumping
station.
Approval to fund replacement of power line. 5/0
Moved from Item #16B17
2) Recommendation to uphold Collier County Board of County
Commissioners direction to proceed with Judicial Action to
establish Prescriptive Easement Rights in favor of the County
and the Public over the road segment known as Miller Boulevard
Extension and to approach property owners to obtain easements
by gift.
Prior BCC direction upheld 5/0
C. PUBLIC SERVICES
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September 23, 1997
1) Approval of an Interlocal Agreement for City-County beach
parking. (Continued from 9/16/97 meeting.)
Approve Interlocal Agreement with request for 5 year extension
and increase of $34,000.00 w/conditions 3/2 (Commsrs. Norris
and Constantine opposed).
D. SUPPORT SERVICES
Added:
1) Discussion of the Status of Hurricane Shelters.
Staff to pursue list of Red Cross people to be involved.
(Consensus)
Moved from Item #16D5
2) Award Bid No. 97-2688 for the purchase ofmedical equipment for
the Emergency Medical Services Department.
Approved 5/0
E. COUNTY ADMINISTRATOR
1) Reconfirmation of letter of endorsement for Certificate of Need
for the Cleveland Clinic.
Letter to be reconfigured indicating overwhelming support for
Cleveland Clinic. 4/0 (Commsr. Berry abstained).
2) Approve contract between Collier County and ASA Properties, LLC
regarding the World Championship In-Line Skate Competition
scheduled for October 11-13, 1997.
Approved~ Staff directed to review contract regarding legal
requirements & stipulations 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Consider request by Pelican Harbor, Inc. for Board of County
Commissioners to convey county-owned submerged lands
(Vanderbilt Lagoon) to the Trustees of the Internal Improvement
Fund of the State of Florida.
No Action
Added:
B. Request for approval of a resolution designating certain County
employees as Code Enforcement Officers.
Res. 97-368 Adopted 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Emergency Medical Services
Advisory Committee.
Res. 97-369 appointing Michael Davis, Robert D. Laird & George
T. Leeanon - Adopted 5/0
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September 23, 1997
B. Appointment of member to the Golden Gate Estates Land Trust
Committee.
Res. 97-370 reappointing Lillian Jean Jourdan - Adopted 5/0
C. Appointment of members to the Historical/Archaeological
Preservation Board.
Res. 97-371 appointing David Driapsa, Laura Rupp Burke & Lora
Jean Young - Adopted 5/0
D. Appointment of member to the Environmental Policy Technical
Advisory Board.
Res. 97-372 appointing Maureen McCarthy - Adopted 5/0
E. Appointment of members to the Collier County Planning
Commission.
Res. 97-373 reappointing Michael Pedone, Russell A. Budd and
appointing Russell A. Priddy - Adopted 5/0
F. Appointment of members to the Black Affairs Advisory Board.
Res. 97-374 appointing Earin E. English, Fitzgerald A.Frater &
Michelle Charlene Austin - Adopted 4/1 (Comm. Mac'Kie opposed)
One remaining vacant position to be readvertised.
G. Discussion to appoint a Blue Ribbon Committee to consider the
need for a local Ethics mechanism.
Letter to be drafted requesting interest and sent to School
Board, City of Everglades, City of Naples and City of Marco
Island
Added:
H. Request from the Department of Environmental Regulation (DER)
to appoint a member to the Land Management Review Team.
Appoint President of Friends of Lely Barefoot Beach -
Consensus
11. OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
A. A1 Perkins re Miller Blvd. Extension
PUBLIC HEARINGS WILL BE HEARD IP~MEDIATELY FOLLOWING STAFF
ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUP-94-7(1), Barbara H. Cawley of Wilson, Miller,
Barton & Peek, Inc., representing Outdoor Resorts of America,
requesting an amendment to the "Laurelwood" Planned Unit
Development through a "PUD to PUD" Planned Unit Development
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September 23, 1997
rezoning action having the effect of deleting the residential
dwelling types and adding motorcoach recreational vehicle units
as a permitted use, replacing/changing the name of the PUD to
Outdoor Resorts of Naples, the Motorcoach Country Club, and
revising the Master Plan for property located on the south side
of Immokalee Road and approximately one-half mile west of C.R.
951 in Sec. 27, T48S, R26E, consisting of 78 acres, more or
less.
Denied 4/0 (Comm. Mac'Kie abstained)
2) Petition PUD-89-28(1) Frederick R. Pauley, Trustee, requesting
an amendment to "Brentwood" Planned Unit Development (PUD)
having the effect of eliminating liquor stores from the
principal retail uses and adding the requirement for a common
architectural theme for property located on the south side of
Immokalee Road (C.R. 846) in Sec. 30, T48S, R26E, consisting of
18.6 acres, more or less. (Continued from the meeting of
9/9/97)
Ord. 97-47 Adopted 5/0
Withdrawn
3) Petition PUD-95-10(1) Dwight Nadeau of McAnly Engineering &
Design, Inc., representing U.S. Home Corporation for a rezone
from "PUD" to "PUD" Planned Unit Development having the effect
of adding fifteen acres and an increase in authorized housing
units of 48 dwelling units to the Naples Heritage Golf and
Country Club PUD located south of Davis Blvd. (S.R. 84} and
west of S.R. 951 in Secs. 3, 4, 9 and 10, TSOS, R26E,
consisting of 573 acres, more or less. (WITHDRAWN)
Withdrawn
4) Petition PUD-82-33(1) Michael R. Fernandez, AICP, of Planning
Development Incorporated representing Harig Manufacturing
Corporation requesting a rezone from PUD to PUD known as
"Wiggins Bay" for the purpose of eliminating commercial land
uses on commercially designated tract and replacing same with a
seven (7) story residential building containing 56 dwelling
units for property located on the southeast corner of the
intersection of Vanderbilt Drive and Wiggins Pass Road in Sec.
16, T48S, R25E, consisting of 148.26 acres. (Continued from
the meeting of 8/26/97}
Withdrawn
C. OTHER
1) Petition SNR-97-10, Clyde C. Quinby requesting a street name
change from Village Way to Glen Meadow Lane in Tract 7 of
Villages of Wyndemere in Sec. 19, T49S, R26E.
Res. 97-375 Adopted 5/0
Continued to 10/28/97
2) Petition SNR-~3-6, Caroline Spounias requesting a street name
change from 2 Avenue S.W. to Mahogany Ridge Drive located in
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September 23, 1997
Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued
from the meeting of 8/26/97)
Continued to 10/28/97
Continued to 10/28/97
3) Petition SNR-e~-7, Caroline Spounias requesting a street name
change from 4 Avenue S.W. to Carrotwood Road located in
Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued
from the meeting of 8/26/97)
Continued to 10/28/97
Continued to 10/28/97
4) Petition SNR-e~-8, Caroline Spounias requesting a street name
change from 6 Avenue S.W. to Tamarind Ridge Drive located in
Golden Gate Estates, Unit 32, Sec. 9, T49S, R26E. (Continued
from the meeting of 8/26/97)
Continued to 10/28/97
Continued to 10/28/97
5) Petition SNR-[~-9, Caroline Spounias requesting a street name
change from 8 Avenue S.W. to Sycamore Drive located in Golden
Gate Estates, Units 32 and 34, in Secs. 9 and 16, T49S, R26E.
(Continued from the meeting of 8/26/97)
Continued to 10/28/97
6) Adopt the Consolidated Utility Administrative Ordinance and
adopt water-sewer utility rates.
Ord. 97-48 as amended 5/0
7) Petition AV 97-009 to vacate a portion of an eighty foot (80')
wide Drainage Easement on Lot 17, Queens Park at Lago Verde,
Phase Six as recorded in Plat Book 16, Pages 52 and 53, of the
Public Records of Collier County, Florida.
Res. 97-376 Adopted 5/0
8) Recommendation that the Board of County Commissioners approve a
Rate Resolution to adjust Landfill Tipping Fees, Residential
Annual Assessments and Commercial Waste Collection Fees.
Res. 97-377 Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition V-97-6, Greg Carlisle (contract purchaser)
representing Henry Johnson requesting a 10 foot variance form
the required 25 foot rear setback to 15 feet for property
located on the southwest side of Bayfront Drive, further
described as Lot 18, Bayfront Gardens Subdivision, in Sec. 6,
T48S, R25E. (Continued from the meeting of 9/9/97)
Res. 97-378 Adopted 5/0
2) Petition CU-97-9, Timothy W. Ferguson, P.A., as agent for E1
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September 23, 1997
Espresso Bus Company, requesting Conditional Use "12" of the C-
5 Zoning District for a bus terminal for property located at
the northeast corner of New Market Road and State Road 29,
Immokalee, in Seco 3, T47S, R29E, consisting of 0.2 acres, more
or less. (Continued from the meeting of 9/9/97)
Res. 97-379 Adopted
3) Petition CU-97-15, Seventh Day Adventist Church requesting
Conditional Use "2" of the "RSF-i" Zoning District for a church
and related uses for property located at 17 Caribbean Road
further described as Lot 2, Block A, Pine Ridge, in Sec. 10,
T49S, R25E, consisting of 1.35+/- acres.
Denied 3/2 (Commsrs. Mac'Kie and Constantine opposed)
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COP~T~NICATIONS
A. LDC meetings to be held on 12/3/97 and 12/17/97 at 5=05 P.M.
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 from the Consent
Agenda and considered separately.
Approved and/or adopted with changes 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Approve for recording the final plat of Maplewood Unit Three.
With Letter of Credit, Construction and Maintenance Agreement
and stipulations.
2} Approve for recording the final plat of "Huntington Lakes Unit
Three"
With Performance Bond, Construction and Maintenance Agreement
and Stipulations.
Continued
3) Approval of an Agreement with Wilkison & Associates, Inc., for
engineering services for infrastructure improvements to
Shellabarger Park in Immokalee. This is a Community
Development Block Grant. Total contract will not exceed
$92,500. RFP 96-2607 - Engineering Services for Infrastructure
to Shellabarger Park in Immokalee.
Continued
4) Request to approve for recording the final plat of Pelican
Strand Replat lb.
With Letter of Credit, Construction and Maintenance Agreement
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September 23, 1997
and Stipulations.
Moved to Item #8A1
5) Commission approval of an Agreement with the Economic
Development Council of Collier County, Inc., (EDC) to execute
Phase II of the Economic Diversification Program and provide a
contribution of up to $250,000 for Fiscal Year 1997-98.
Moved to Item #8A1
B. PUBLIC WORKS
1) Execute a First Amendment to purchase and sale agreement for a
portion of property known as Out lot "B", Quail Creek Unit Two.
2) Approval of an Effluent Use Agreement with the Vineyards
Utilities, Inc.
3) Recommendation to award Bid #97-2726 for Chlorinator Equipment
Maintenance for Public Works Wastewater and Water Departments.
Awarded to Water Treatment and Controls Company of Leesburg,
Florida~ in the annual estimated amount of $78,400.00
4) Request approval of a Budget Amendment to cover shortfall in
Road Construction - Gas Tax Fund (313}.
In the amount of
5) This item has been deleted.
6) Request the Board approve a Budget Amendment recognizing
additional carry forward, interest earned and any additional
financial transactions necessary to close-out Fund 135.
7) Accept an easement from St. Katherine's Greek Orthodox Church,
Inc. for a right-turn lane on Airport-Pulling Road.
w/stip.
8) Approve Amendment No. 3 to the Professional Services Agreement
with Coastal Engineering Consultants, Inc. to provide
professional engineering and surveying services necessary in
performance of annual monitoring requirements for the Marco
Island Beach Renourishment Project.
9) Approve Right-Of-Way Consent Agreement with Florida Power and
Light Company for a 4-inch sewer force main.
10) Award a contract for Bid No. 97-2699, Wiggins Pass Maintenance
Dredging to Lake Michigan Contractors, Inc. in the amount of
$368,712.50.
w/stip.
11) Recommend a one year renewal of Contract 95-2422 for Fixed Term
Professional Engineering Services.
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September 23, 1997
12) Approve Amendment No. I to the Professional Services Agreement
with Coastal Engineering Consultants, Inc. for the performance
of additional services on the Collier County Beach Restoration
and Management Plant.
In an amount not to exceed $257,620.00.
13) Approval of a Second Lease Modification Agreement between
Collier County and the City of Naples Airport Authority.
14) Recommendation that the Board of County Commissioners reject
proposals for RFP #97-2649 "Recycling or Removal of
Agricultural Plastic Mulch" at the Immokalee Landfill.
15) Approve a Develop Contribution Agreement between Collier County
and Naples Associates for road impact fees in return for
donation of land for Radio Road, CIE No. 16.
w/stips.
16) Recommendation to award Annual Bid #97-2703, Bagged Ice, for
Fiscal Year 1997-98.
Awarded to the sole bidder, Naples Ice.
Moved to Item #8B2
17) Recommendation to uphold Collier County Board of County
Commissioners' direction to proceed with Judicial Action to
establish Prescriptive Easement Rights in favor of the County
and the Public over the road segment known as Miller Boulevard
Extension and to approach property owners to obtain easements
by gift.
Moved to Item #8B2
18) Approve final Change Order and additional funding to complete
work to replace Golden Gate Wells #11 & #16.
19) Approval of Bid Award for purchase of two Triaxle Dump Trucks
the Wastewater Department in accordance with Bid #97-2727.
Awarded to International Trucks, Inc., in the amount of
$158,888.00.
20) Approve Amendment No. One to Professional Services Agreement
with Hazen & Sawyer, P.C., for the North County Regional
Wastewater Treatment Facility 5-MGD Expansion, Contract #96-
2474.
In the amount of $768,895.00
C. PUBLIC SERVICES
1) Formal approval of the State Contract purchase of furniture and
shelving for the Marco Island Branch Library renovation.
In excess of $25,000.01
2) Approval of a contract between Collier County and Dr. Marta U.
Coburn, M.D., Florida District 20 Medical Examiner for Collier
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September 23, 1997
County Florida doing business as District 20 Medical Examiner.
In the amount of $20,783.00 semimonthly through September 30,
1998.
3) Approval of the annual contract between the State of Florida
Department of Health and Collier County.
D. SUPPORT SERVICES
1) Approval of a Limited Use License Agreement between Collier
County and We Care Ministries, Inc. For the purpose of
utilizing County-owned property for a fund raiser.
Fund Raiser to be held on October 4, 1997, west of the Golden
Gate Community Center.
2) The purchase of Property & Casualty Insurance.
Purchased from Northfield All Lines Aggregate Property &
Casualty Insurance Program.
3) Execute Contractual Agreement with East Naples Fire Control and
Rescue District for Fire and Rescue Protection Services within
Collier County Fire Control District.
4) Agreement approval and adoption of Resolution authorizing the
execution and acceptance of said Agreement between the
Department of Community Affairs and Collier County regarding
monies available in the Emergency Management Preparedness and
Assistance Trust Fund.
Res. 97-367
Moved to Item #8D2
5) Award Bid No. 97-2688 for the purchase of medical equipment for
the Emergency Medical Services Department.
Awarded to vendors as recommended in the Executive Summary.
Moved to Item #8D2
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report.
Budget Amendments 97-442~ 97-452~ 97-454~ and 97-467.
2) Line item transfer request from North Naples Little League for
the Five-Event Weekend, Tourist Development Funds, Special
Events.
3) Line item transfer for the Marco Island Sports Festival,
Tourist Development Funds, Special Events.
4) Approve budget amendment for $29,975.33 for brochures for
advertising and promotion Tourist Development Funds.
F. BOARD OF COUNTY COMMISSIONERS
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September 23, 1997
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment in the amount of
$23,560 to cover the increase in the FY-97 Tax Increment
Payment to the Naples Community Redevelopment Agency.
2) Recommendation to appropriate additional funding for Public
Guardianship Account.
In the amount of $22,319.00
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
17. ADJOURN
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