Recap 03/09/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 9, 1999
9:00 a.m.
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED.
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 CHAIRWOMAN.
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 Peter Lyberg, Shepherd of the Glades Lutheran
Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or Adopted with changes - 5/0
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA
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March 9, 1999
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented - 5/0
A. February 9, 1999.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the week of March 7-13, 1999 as The 20th
Anniversary of the Know Your County Govemment Week. To be
accepted by Rhiannon Howell and Jereme Brancheau.
Adopted 5/0
2) Proclamation proclaiming March 19, 1999 as A Day In Celebration of
Families.
Adopted 5/0
3) Proclamation proclaiming week of March 21, 1999 as Invasive Exotics
Control Week. To be accepted by Mr. Bill Lorenz, Natural Resources
Director.
Adopted 5/0
Added:
4) Proclamation recognizing "Days of Remembrance of the victims of the
Holocaust".
Adopted 5/0
B. SERVICE AWARDS
Presented
1) Susan Lemay, EMS - 15 years
2) Nan Gerhardt, Parks and Recreation - 10 years
3) Gregory Harrison, Road and Bridge - 10 years
4) Robert Kohl, DOR - 10 years
5) Rudy Luna, Water - 10 years
6) Charlie Jackson, Road and Bridge - 5 years
C. PRESENTATIONS
1) Recommendation to recognize Sam Poole, Lieutenant Paramedic,
Emergency Medical Services Department, as Employee of the Month
for March 1999.
Recognized
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March 9, 1999
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Terri Tragesser representing the Greater Naples Civic Association requesting
appointment of a Select Committee to develop an Urban/Rural Design Master
Plan for Collier County.
Staff to place this item on an upcoming agenda (Consensus)
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Accept the 1999 Tourism Agreement between Collier County and the
Marco Island Film Festival, Inc.
Approved - 5/0
2) Initiation of a Conditional Use to allow boat docks as a permitted
Principal Use in Block H, Little Hickory Shores, Unit No. 3 Replat.
Staff to move forward to schedule a public hearing - 5/0
3) Lynne H. Dreyer, representing the Collier County Medical Society
Alliance Foundation, requesting a waiver of the fight-of-way permit
fee for the closing of Vineyards Boulevard for the Women's
Healthweek Race to be held on March 13, 1999.
Approved - 5/0
4) Pete Havran, representing the Naples Airport Kiwanis Club, requesting
a waiver of the Temporary Use Permit for a special event held on
December 12, 1998 in Golden Gate.
Approved - 5/0
5) Presentation by the State of Florida Division of State, Land
Acquisition Section, regarding the State's ongoing efforts to purchase
lands in an area of Collier County known as the Southern Golden Gate
Estates.
Presented
6) Administrative subdivision and plat approval process. (verbal report by
staff)
Report presented
Added:
7) Request to approve for recording the final plat of "Pelican Strand
Replat Tract 15" and approval of the performance security.
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March 9, 1999
Approved subject to construction and maintenance agreement and
stipulations and letter of credit - 5/0
Added:
8) Petition VAC-99-006 to disclaim, renounce and vacate the Public's
interest in a parcel of land conveyed to Collier County as a utility
easement, located in Crown Pointe Shores III Condominium.
Approved - 5/0
B. PUBLIC WORKS
1) Approve Amendment to the Eagle Creek Sewer Service Agreement.
Approved - 5/0
2) Discussion and action to establish the location and agenda for the
Board of County Commissioners Solid Waste Disposal Workshop.
Workshop meeting to be held April 20, 1999 at 7:00P.M. at the
BCC Chambers
3) Resolution approving an interlocal agreement between Florida
Governmental Utility Authority and Collier County relating to the
potential acquisition of the Golden Gate Utility System.
~ Resolution CWS-99-1/Resolution 99-169 - Adopted 5/0
Added:
4) Accept a canal easement from Investors Real Estate Southwest, Inc.
Approved - 5/0
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) Authorization to Produce and Broadcast a Weekly Thirty Minute Local
Government Cable Television Program.
To be brought back during budget process - Consensus
Moved from Item #16D4:
2) Report and Recommendations Concerning the Selection of
Consultants.
Accepted - 5/0
E. COUNTY ADMINISTRATOR
1) Discussion and approval of FY2000 Budget Policy.
Adopted w/changes (Consensus); Budget Workshop dates
scheduled for June 17, June 18 and June 21, 1999; Adoption of
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March 9, 1999
proposed millage is scheduled for August 3, 1999;
2) Discussion regarding the satellite government task force.
Report Presented
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners to accept a
settlement proposal of $7,500.00 to resolve the case of Marshall v. Collier
County, Case No. 97-541-CIV-FTM-24D, now pending in the United States
District Court for the Middle District of Florida.
Approved - 4/0 (Commissioner Norris opposed)
B. Recommendation to consider a settlement proposal in the case of Anita Mann,
et al. Vs. Collier County, Case No. 98-929-CA, pending in the Twentieth
Judicial Circuit court, Collier County, Florida.
Approved - 5/0
10. BOARD OF COUNTY COMMISSIONERS
Deleted:
A. Schedule Board of County Commissioners vacation.
B. Consideration to approve request from SWFRPC for a letter of support stating
the County's interest in remaining an active member of the Economic
Development District and supporting the Overall Economic Development
Program.
Approved - 5/0
C. Consideration of a fee waiver for park fees and beach parking fees for the
Marco Sports Festival. (Commissioner Norris).
Approved - 5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
A1 Perkins regarding Autistic Children
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
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March 9, 1999
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) CONTINUED FROM THE MEETING OF FEBRUARY 23~ 1999.
Petition PUD-98-17, Blair A. Foley, P.E. of Coastal Engineering
Consultants, Inc., representing James Gorman, requesting a rezone
from "A" Rural Agriculture to "PUD" Planned Unit Development to
be known as Whittenberg Estates PUD for a maximum of 114 single
family and multi-family dwelling units on property located on the
north side of Davis Boulevard (S.R. 84), east of Whitten Drive, in
Section 6, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 37 +/- acres.
Ord. 99-20 Adopted w/changes 4/0 (Commissioner Berry
abstained).
2) Petition R-98-10, Amin Farah, representing Raida Hamdan requesting
a rezone from "C-4" to "C-5" for a grocery store and bus stop for
property located at the corner of Boston Avenue and First Street (C.R.
846)), further described as Lots 11 and 12, Block 1, Carson's
Subdivision in Section 4, Township 47 South, Range 29 East,
Immokale, Florida, consisting of 1 +/- acre.
Tabled; to be brought back in June as a Conditional use - 5/0
3) PUD-98-22 George L. Varnadoe, EXQ, of Young, van Assenderp &
Vamadoe, P.A., representing Clyde C. Quinby, Trustee, requesting a
rezone from "A" Agriculture to "PUD" Planned Unit Development to
be known as Ibis Cove for a mixed use residential project including
assisted living housing and community facilities such as churches,
schools, civic and cultural facilities, for property located on the south
side of Immokalee Road, east of Gulf Coast High School, in Section
27, Township 48 South, Range 26 East, Collier County, Florida,
consisting of 96.5 + acres.
Ordinance 99-21 - Adopted - 5/0
C. OTHER
1) An Ordinance providing for the establishment of more stringent local
ethics standards and for enforcement thereof; providing for title and
citation; providing for findings; providing for definitions; providing
for reporting and prohibited receipt of gifts by individuals filing full or
limited public disclosure of financial interests and by procurement
employees; providing for lobbyist registration; providing for post-
employment restrictions; providing for supplemental provisions;
providing for penalties; providing for inclusion in the Code of Laws
and Ordinances; providing for conflict and severability; and providing
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March 9, 1999
for an effective date.
Ordinance 99-22 Adopted with changes - 5/0
2) Petition approving with conditions Petition CCSL-99-1, requesting a
variance from the Coastal Construction Setback Line to allow 1)
dredging of Clam Pass and the Clam Bay System, 2) placement of
beach compatible material along the beaches north and south of Clam
Pass, and 3) placement of non-compatible material in created
containment basins in the back dune area north of Clam Pass (in the
Collier County owned conservation area), located within the Pelican
Bay Planed Unit Development (see exhibit for legal description)
Sections 4,5,8,9,32 & 33, Township 49 South, Range 25 East, Collier
County, Florida
Resolution 99-168 - Adopted with changes 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
A. Discussion of proposed date for Sales Tax Workshop (April 13th).
Date confirmed
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion regarding the process of adoption of the Density Reduction Plan.
Discussed
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) Lien Resolutions - Code Enforcement Case Nos. 80615-005 William
D Roberts, Deceased, Robert A Roberts and Richard H Roberrs, Co-
Trustees; 80615-006 William D Roberts, Deceased, Robert A Roberts
and Richard H Roberts, Co-Trustees; 80714-042 Hubert & Christa
Hein % William Scherer; 80723-073 James & Beatrice Bruskay;
80723-074 James & Beatrice Bruskay
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March 9, 1999
Resolutions 99-158 Through 99-162
2) Request to approve for recording the final plat of "Quail Walk Phase
Four" and approval of the performance security.
With Letter of Credit, Construction and Maintenance Agreement
and Stipulations
3) Request the Board review and approve a Road Impact fee refund in the
amount of $1,738.00.
To the Club Estates Realty, Inc.
4) Request to approve for recording the final plat of "Catamaran Court at
Tarpon Cove" and approval of the performance security.
With Construction and Maintenance Agreement and Stipulations
5) Request to approve for recording the final plat of "Venezia at Grey
Oaks" and approval of the performance bond.
With Construction and Maintenance Agreement and Stipulations
6) Authorization of a 100% waiver of impact fees for one house to be
built by Jill J. Weaver at 3411 Basin Street in Sable Shores
Subdivision, Collier.
Resolution 99-163 and Agreement
7) Authorization of a 75% deferral of impact fees for one house to be
built by Juan Rodriguez and Marta Rodriguez at 4560 Dominion Drive
in Collier County.
Resolution 99-164 and Agreement
8) Authorize the Chairwoman to sign the application for the Florida
Department of Environmental Protection Artificial Reef Grant.
In the amount of $25,000.00
9) Adoption of a resolution to support the Immokalee community's
efforts to receive State funding to support the economic revitalization
efforts underway in the Designated Federal Enterprise Community.
Resolution 99-165
B. PUBLIC WORKS
1) Authorize funds for professional services to perform the Third Year of
Post-Construction Monitoring Requirements for the Collier County
Beach Restoration Project.
In the amount of $258,570.00
2) Approve a contract change order for Advanced Lawn and Landscaping
which exceeds ten percent of their current contract amount. Award Bid
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March 9, 1999
No. 98-2906, purchase & delivery of organic and inorganic mulch.
In the amount of $2,791.59
3) Approve a Budget Amendment to provide funding for fight-of-way
acquisition and design services for the Airport-Pulling Road Six Lane
Improvement Project No. 62031; CIE No. 055.
4) Approve Work Order #ABB-FT-99-1 with Agnoli, Barber and
Brundage, Inc. to perform an evaluation of the origin of rocks on the
Naples and Collier County Beaches.
5) Approve award of Annual Agreements for Roadway Contractors'
Services on an as-needed basis (RFP 98-2905).
To Hatper Brothers, Better Roads, APAC-F!orida, Inc., and
Bonness, Inc.
6) Request to install pedestrian barrier handrail along Airport-Pulling
Road at Pelican Marsh Elementary School
Pedestrian Barrier Handrail not to exceed $3,000.00 with the
County District School Board and Construction Department
paying an equal share
7) Request that the Board of County Commissioners authorize a time of
day waiver to the Code of Laws and Ordinances of Collier County,
Florida, in conformity with Section 54-89 of the Code for the
Dredging Activities related to the Clam Bay Restoration and
Management Plan.
8) Approve final ranking of consultants for engineering services for the
South County Regional Water Treatment Plant Reverse Osmosis
Expansion, RFP #98-2891, Project No. 70054.
To negotiate a Professional Services Agreement with Metcalf &
Eddy, Inc.
C. PUBLIC SERVICES
1 ) Approval for a Resolution authorizing expenditure of funds for a
picnic to recognize Collier County Board of County Commissioners
employees.
Resolution 99-166
2) Award the exotic vegetation removal (#98-2892) at Collier County
Parks.
To Native Creations, Inc. in the amount of $72,500.00
3) Approval of a budget amendment to pay for tipping fees associated
with the removal and disposal of an unsafe building located at the
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March 9, 1999
South Immokalee Park.
In the amount of $15,000.00
4) Authorization of an amendment to the contract between Collier County
and the Aggressive Skaters Association.
D. SUPPORT SERVICES
1) Recommendation to Declare Certain County-Owned Property as
Surplus and Authorize Sale of Surplus Property.
Surplus Auction to Be held on Saturday, March 27, 1999.
2) Approval of an Agreement for the Publication of a County
Government Information Guide.
Agreement with the publishing firm of Future 1st Global, Inc.
3) Authorization to Execute Satisfaction of Lien Documents Filed
Against Real Property for Abatement of Nuisance and Direct the Clerk
of Courts to Record Same in the Public Records of Collier County,
Florida.
Moved to Item #8D2:
4) Report and Recommendations Concerning the Selection of
Consultants.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 99-168
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.: 98-06739MMA, 97-02907MMA, 98-02083MMA, 98-
06890MMA, 98-00602MMA, 98-01586MMA, 98-00887MMA, 97-
06604MMA, 98-05482MMA, 98-06730MMA, 98-08068MMA, 98-
01701MMA, 98-05788MMA, 98-07778MMA, 97-06180MMA, 98-
05261MMA, 97-09216MMA, 98-03302MMA, 98-07243MMA, 98-
08332MMA, 98-03588MMA, 97-10326MMA, 98-05457MMA, 97-
03556MMA, 98-03496MMA, 97-05466MMA, 98-04502MMA
2) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED
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March 9, 1999
H. OTHER CONSTITUTIONAL OFFICERS
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
1 ) Approve a Budget Amendment that will recognize a $189,000 grant
reimbursement from the United States Department of Agriculture
(USDA) and will re-appropriate $189,000 borrowed from other
Airport capital proj cots.
To the Everglades land acquisition and Marco Island surcharge
projects
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL
MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE
BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON
WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
A. Petition CU-98-9 Blair Foley, P.E. of Coastal Engineering Consultants, Inc.,
representing Thomas Hawkins, requesting Conditional Use "5" of the "E"
Estates Zoning District for a senior independent assisted care living facility
per subsection 2.2.3.3. of the Land Development Code for property located at
2101 County Barn Road, in Section 8, Township 52 South, Range 26 East,
Collier County, Florida, consisting of 9.63 +/- acres.
Res. 99-167
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
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March 9, 1999