Recap 11/18/1997 R November 18, 1997
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
November 18, 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 HAY 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 Father William Kehayes - St. Katherine's Greek
Orthodox Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or Adopted with changes 5/0
4. APPROVAL OF MINUTES
A. October 21, 1997 Regular meeting.
Approved as Presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation recognizing Mrs. Christina Long for her
outstanding community service for the donation of 27 Queen Palm
trees. To be accepted by Mrs. Long.
Adopted 5/0
2) Proclamation recognizing Pelican Bay Community Park by the
United States Tennis Association as an outstanding Tennis
Facility. To be accepted by Marla Ramsey, Director of Parks &
Page i
November 18, 1997
Recreation.
Adopted 5/0
3) Proclamation recognizing the men and women of the North County
Water Treatment Facility Laboratory and Maintenance sections.
To be accepted by Mike Newman, Director of Water Dept.
Adopted 5/0
B. SERVICE AWARDS
Presented
1) Greta Eckerle - Library - 10 years
2) Kenneth Hall - Traffic Operations - 10 years
3) Miguel Herrera - Stormwater Management - 10 years
4) Maura Kraus - Natural Resources - 10 years
5) Judy Miller - Department of Revenue - 10 years
6) Earlene Weber - County Attorney's Office - 10 years
7) Heidi Ashton - County Attorney's Office - 5 years
8) Ramon Magsumbol - OCPM - 5 years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Michael J. Volpe representing Lely Community Development
District regarding the unit of special purpose local government
- special election.
To be brought back Nov. 25 as a Resolution 5/0
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) A Resolution by the Board of County Commissioners of intent to
participate in Florida's expedited permitting review process
for significant economic development projects.
Res. 97-436 - Adopted 5/0
B. PUBLIC WORKS
1) This item has been deleted.
2) Approve a recommended lighting option for the U.S. 41 widening
project between Airport-Pulling Road and Davis Boulevard, a
Florida Department of Transportation Project, that is currently
under construction.
Commissioner Mac'Kie to work with FDOT and report back
11/25/97. Contractor to install conduit on both sides of the
street. 5/0
Page 2
November 18, 1997
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board consider and approve settlement
of Stringer v. Board of County Commissioners Case No. 97-178-
CIV-FTM-23D, pending in the United States District Court for
the Middle District of Florida. (Continued from the 11/4/97
meeting).
Approved 5/0
ADDED
B. Certificate of Collier County Canvassing Board for the November
6, 1997 Initial Election of City Council Members submitted for
entry in the record of the 11-18-97 public Board meeting.
(County Attorney's request).
Approved 5/0
ADDED
C. Board consideration of settlement offer proffered by Florida
Wildlife Federation and Collier County Audubon Society in
litigation entitled: Florida Wildlife Federation and Collier
County Audubon Society v. Collier County and James R. Colosimo,
Trustee, Ultimate Land Trust, Circuit Court Case No.
97-2984-CA-01 and Florida Wildlife Federation and Collier
County Audubon Society v. Collier County and James R. Colosimo,
Trustee, Ultimate Land Trust, Circuit Court Case No.
97-3600-CA-01. (County Attorney's request).
Offer rejected. 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding Ethics Committee.
Ethics Committee not to be formed - Approved 4/1
(Commissioner Mac'Kie opposed)
B. Recommendation to declare a vacancy on the Environmental Policy
Technical Advisory Board.
Resolution 97-437 declaring vacancy - Adopted 5/0
11. OTHER CONSTITUTIONAL OFFICERS
Moved from Item 16H5
A) Approve the use of Confiscated Trust Funds to provide matching
funds for a Federal Grant.
Approved - 5/0
PUBLIC COMMENT ON GENERAL TOPICS
Page 3
November 18, 1997
1. Mr. Thompson regarding victim of code enforcement.
2. Discussion by Mr. Bowman and Mr. Koscik regarding contract with
East Naples Fire District for service for Isles of Capri.
3. Ty Agoston regarding Advisory Boards and Sheriffs Department
800 numbers.
4. Mary Dunivan regarding policies of the EAB.
5. Glen Dunivan regarding the Army Corps of Engineers EIS.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-92-6(1), Bruce Tyson of Wilson, Miller,
Barton & Peek, Inc., representing Pelican Lake Limited
Partnership for the purpose of amending Southwoods PUD by
changing the name to Pelican Lake; by changing reference to
owners; by increasing the maximum area of allowable
utility/storage facility, and by decreasing the boundary
setback requirement for property located on the east side of
S.R. 951 in Sec. 15, TS1S, R26E, containing 101.34+ acres.
Ord. 97-70 - Adopted 5/0
2) Petition PUD-82-29(3) Robert L. Duane of Hole, Montes &
Associates representing C. C. Naples, Inc., a Delaware
Corporation, and John N. Brugger, Trustee, for a rezone from
"PUD" to "PUD", Planned Unit Development known as The Retreat
having the effect of amending The Retreat PUD for the purpose
of allowing a continuing care retirement community inclusive of
specialized health care living units on Tract "B" and making
other changes to the amended PUD while consolidating all
previous amendments into a new PUD document. The total
authorized dwelling units remain the same at 740 dwelling
units. The Retreat PUD (a/k/a Bentley Village) is located on
the west side of North Tamiami Trial (U.S. 41) and extends west
to Vanderbilt Drive approximately mile north of Wiggins Pass
Road in Sec. 9, T48S, R25E, consisting of 208 acres.
Ord. 97-71 - Adopted 5/0
C. OTHER
1) Petition SNR-97-1, Rich Henderlong of Kensington Golf & Country
Club representing Anton Steiner of Kensington Park PUD,
requesting a street name change from High Street to Kensington
High Street located in Kensington Park, Phase One, Phase Two,
Phase Three A, and Phase Three B of the Kensington Park PUD in
Sec. 13, T49S, R25E. (Continued to the meeting of 12/2/97)
2) A Resolution amending Condition Number One of Resolution 97-03
Page 4
November 18, 1997
for a property known as Arbor Lake Club PUD to correct a
scrivener's error in the total number of dwelling units
approved for the said PUD.
Res. 97-438 - Adopted 5/0
3) An Ordinance amending Ordinance Number 97-38 to correct a
scrivener's error in the legal description for property located
in Sec. 8, TSOS, R29E, and by providing an effective date.
Ord. 97-72 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition NUA-97-3, Mr. Edward Terry requesting a non-conforming
use alteration in order to allow the property owner to replace
an existing non-conforming mobile home unit with a double wide
mobile home for property located at 609 Booker Boulevard
(Parcel 29) in Sec. 9, T47S, R29E.
Res. 97-439 - Adopted 5/0
B. OTHER
1) Petition CU-96-12, Don Apperson requesting an extension of
Conditional Use "1" in the E" Estates Zoning District to allow
for a house of worship that has previously received Conditional
Use approval for property located on the south side of Golden
Gate Boulevard in Sec. 11, T49S, R26E.
Res. 97-440 - Adopted 5/0
14. STAFF'S COMMUNICATIONS
A. Successful case regarding Collier County and DCA
B. Case denied regarding Collier County and Veriviccio
C. Item regarding interim Government services fee will be on 12/16
agenda.
D. Discussion regarding TDC funds for 1996 golf tournament
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion regarding Clerk and the Judiciary's Budget
B. Discussion regarding the Corp of Engineers EIS
C. Suggestion to be brought to Productivity Committee regarding
assisting the Clerk in resolving problems
D. Landfill siting item to be on 11/25 agenda
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 w/changes - 5/0
Page 5
November 18, 1997
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant final acceptance of the roadway, drainage,
water and sewer improvements for the final plat of "Village
Walk, Phase Three"
Res. 97-433
2) Request to approve for recording the final plat of Kensington
Gardens and approve Petition AV-97-023, the vacation of a
portion of the recorded plat of Kensington Park Phase One.
Res. 97-434 w/Letter of Credit, Construction and Maintenance
Agreement
B. PUBLIC WORKS
1) This item has been deleted.
2) Approve a purchase of grapple truck for collection of waste
tires and other debris with Tire Grant Funds, using State
Contract 070-700-23-0.
3) Receive Board approval to award contract for median and
selected public area grounds maintenance for the Immokalee
Beautification Bid No. 97-2719.
Landscape Maintenance contract only awarded to Commercial Land
Maintenance, Inc. in the total annual amount of $42,820.00
4) Approve Collier County consent to use agreement with Florida
Power and Light Company for electrical power service to ten new
water wells for the NRWTP 8-MGD Expansion Project No.
70859/70828.
5) Approve Amendment No. 3 to George Bother, ASLAAgreement for
the Davis Blvd. Landscape Beautification Project 60013.
Total Cost of Services not to exceed $15,000.00
6) Approve Amendment No.1 to the State Revolving Fund Loan and all
necessary Budget Amendments.
C. PUBLIC SERVICES
1) Formal approval of Collier County Public Library's
participation in Southwest Florida Library Network (SWFLN and
permission to sign the Institutional Membership Agreement.
2) Approval of budget amendment recognizing funds received from an
insurance claim.
3) Approval of a first amendment to lease agreement between
Collier County and State of Florida Department of Health and
between Collier County and Collier Health Services, Inc.
4) Amend Chapter 89-449 to authorize activities such as bonfires.
Proposed Bill to be presented to the local Legislative
Delegation.
Page 6
November 18, 1997
D. SUPPORT SERVICES
1) Award Bid #97-2729 for the provision of medications for the
Department of Emergency Medical Services
Awarded to Sunbelt Medical Supply
2) Approval of Certificate of Public Convenience and Necessity for
the Collier County Emergency Medical Services Department
3) Approval of a Lease Agreement between Collier County and North
Naples Fire Control and Rescue District
4) Termination of Agreement with First Health, Inc. for third
party group health claims administration services and approval
of an award to Florida First, Inc. to provide such services.
To be terminated effective January 1, 1998~ Staff to negotiate
a contract for service with Florida First, Inc. effective
January 1, 1998.
5) This item has been deleted.
6) This item has been deleted.
7) Approval to amend the County Purchasing Policy
Res. 97-435
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report.
BA's 97-507~ 98-025~ 98-026~ 98-038~ 98-040
2) Approve a County-wide facilities Capital Fund (301) budget
amendment.
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.: 95-2925-MMA, 95-5032-MMA, 95-5683-MMA, 92-0688-
CFA, 95-5243-MMA, 95-7014-MMA, 97-4376-MMA, 97-1464-MMA, 96-
10334-MMA, 96-10336-MMA, 97-0292-MMA, 97-1627-MMA, 97-7241-MMA,
97-3242-MMA, 97-5985-MMA, 97-3680-MMA, 97-5888-MMA, 97-6163-
MMA, 97-6246-MMA, 97-7009-MMA, 97-5744-MMA, 97-5248-MMA, 97-
6995-MMA, 97-1945-MMA, 97-5222-MMA, 97-6289-MMA, 96-6357-MMA,
96-5442-MMA, 97-6586-MMA, 96-10204-MMA, 97-0658-CFA, 91-0581-
MI, 95-3259-MMA, 95-7015-MMA, 95-3517-MMA, 95-1887-CFA, 96-
5918-MMA, 97-5658-MMA, 97-0034-MMA, 97-5189-MMA, 96-2205-MMA,
97-2105-MMA, 97-4772-MMA, 95-2603-MMA, 95-1186-MMA.
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED
Page 7
November 18, 1997
H. OTHER CONSTITUTIONAL OFFICERS
1) Board acceptance of the local law enforcement block grants
program award from the U. S. Department of Justice.
2) Board approval of the use of Confiscated Trust Funds for a drug
abuse education and prevention program and approve the Fund 602
budget amendment.
3) Board approval of a budget amendment for the use of Confiscated
Trust Funds for the Sheriff's Office to purchase specialized
equipment (SWAT van and related equipment.)
4) Approve a budget amendment for the use of Confiscated Trust
Funds for the Sheriff's Office to purchase specialized
equipment (Global Positioning System).
Moved to Item 11A
5) Approve the use of Confiscated Trust Funds to provide matching
funds for a Federal Grant.
6) Approve a budget amendment recognizing Florida Department of
Transportation Grant Award #J7-98-06-06-01 in the amount of
$133,550.
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
1) Recommendation to approve the attached budget amendment which
increases the expense and revenue budget for the obstruction
removal project at the Immokalee Regional Airport and reduces
reserves for contingency for the additional funds needed to
properly match the Florida Department of Transportation's
grant.
2) Recommendation to approve the attached budget amendment which
will create a budget for the contaminated soil removal project
at the Marco Island Executive Airport.
3) Recommendation to approve the attached budget amendment which
will create a budget for the scrub jay implementation project
at the Immokalee Regional Airport.
4) Recommendation to approve the attached budget amendment which
will create a budget for the obstruction removal project at the
Everglades Airpark.
17. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
Page 8