Recap 10/10/2000 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, October 10, 2000
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 MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM
TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT
NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS),
REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND
RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO
THE COUNTY MANAGER 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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU
ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380; 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.
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October 10, 2000
INVOCATION - Reverend Alan Watkins, First Baptist Church of Naples
PLEDGE OF ALLEGIANCE
SELECTION OF CHAIRMAN AND VICE -CHAIRMAN
Commissioner Carter selected as Chairman and Commissioner
Mac'Kie selected as Vice-Chairman
APPROVAL OF AGENDAS
Approved and/or adopted with changes - 410
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
Approvedaspresented-410
September 12, 2000 - Regular Meeting
September 13, 2000 - Pelican Bay Budget
September 20, 2000 - Budget Public Hearings
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming October as "Vision Awareness
Month". To be accepted by Ms. Jane DiPoala.
Adopted - 4/0
2)
Proclamation proclaiming October 23 through the 30th, 2000 as
"Red Ribbon Week". To be accepted by Angela and Robert
Hignite.
Adopted - 4/0
3)
Proclamation proclaiming October 9th through the 15th, 2000 as
"Marco Island Film Festival Week" and that October 12th, 2000
be designated as "Celeste Holm Day". To be accepted by
Maury Dailey.
Adopted - 4/0
SERVICE AWARDS
Presented
1)
2)
Kyle Lukasz, Pelican Bay - 20 Years
Sharon Long, Planning Services - 15 Years
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October 10, 2000
3) John Walters, Parks & Recreation - 15 Years
4) Robert Casey, Wastewater - 10 Years
5) Richard O'Dell, Wastewater - 10 Years
6) Nell Maclarry, EMS - 5 Years
7) William Degenhart, Purchasing - 5 Years
8) Meredith Myers, Parks & Recreation - 5 Years
Emilio Rodriguez, isles of Capri Fire Control - 5 Years
10) Pamela Caliis, Solid Waste Department - 5 Years
11) Russell Longworth, Wastewater- 5 Years
12) Louis Massarone, Parks & Recreation - 5 Years
13) Linda Sujevich, Real Property - 5 Years
14) Thomas Walsh, Water Department - 5 Years
C. PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES
PUBLIC PETITIONS
Request by Ms. Nina Birtolo for Public Petition to discuss 2000 and
2001 Naples Jaycees July 4th Festival and Fireworks Display.
Staff to move forward and support request of the Naples Jaycees
(Consensus)
B. This item has been deleted.
Request by Mr. Howard Matson for Public Petition to discuss Zoning
Violation and Improper Permitting, Lot 77 Palmetto Dunes.
Petitioner to go through interpretation process with staff; staff to
re-visit the site. (Consensus)
Request by Betty M. Pagani and Kathy Bruce for Public Petition to
discuss the intersection of Myrtle Lane and U.S. 41.
Staff to relay concerns of residents to DOT and report back
(Consensus)
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Presentation to the Board of County Commissioners on an
Award of Merit received by the Community Development and
Environmental Services Division by the Florida Chapter of the
American Planning Association in recognition of the Bayshore
and Gateway Triangle Redevelopment Plan.
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October 10, 2000
10.
Award Accepted
2) Recommendation that the Board of County Commissioners be a
primary sponsor for the Planning Symposium on Smart Growth.
Approved - 4/0
B. TRANSPORTATION SERVICES
C. PUBLIC UTILITIES
D. PUBLIC SERVICES
1) Approval of a Professional Services Contract with Ms. Maggie
McCar~y for the Operation of the Collier County Film
Commission.
Approved - 4/0
E. SUPPORT SERVICES
F. EMERGENCY SERVICES
G. COUNTY MANAGER
H. AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
A. Closed Attorney-Client session for discussion of Settlement
negotiations and/or strategy related to litigation expenditures of the
pending litigation case of Poppv. Co/tier County, Case No. 99-3286-
CA, pending in the Twentieth Judicial Circuit in and for Collier County,
Florida. Persons in attendance will be the Board of County
Commissioners, County Manager Thomas W. Olliff, County Attorney
David C. Weigel, Assistant County Attorney Michael W. Pettit. (This
session will commence at 2:00 p.m. or at the conclusion of the
regular meeting agenda whichever occurs earlier.)
BOARD OF COUNTY COMMISSIONERS
Discussion regarding representation on the Florida Association of
Counties Board of Directors. (Commissioner Carter)
Commissioner Carter to represent Collier County - 4/0
B. Appointment of member to the Workrome Development Board, Region
24.
Resolution 2000-355 appointing Maribel Herrera - Adopted 4/0
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October I0, 2000
Appointment of members to the Historical/Archaeological Preservation
Board.
Resolution 2000-356 reappointing William J. Tyson, Alex Dusek,
and appointing William J. Dempsey - Adopted 4/0
Appointment of member to the Public Vehicle Advisory Committee.
Resolution 2000-357 reappointing Patricia M. Baisley - Adopted
4/0
Appointment of members to the Select Committee for Community
Character and Appearance.
Resolution 2000-358 appointing Peter H. VanArsdale and Miriam
S. Wolok - Adopted 4/0
Appointment of members to the Emergency Medical Services Advisory
Council.
Resolution 2000-359 reappointing Robert D. Laird and appointing
Heather Rockcastle and Dr. Robert J. Zehr - Adopted 4/0 and
County Attorney directed to amend Ordinance 80-80.
Reconsideration of previously discussed items referring to alternative
road impact fee calculations for golf courses. (Commissioner
Mac'Kie, Commissioner Carter, Commissioner Brandt)
Items #12C7-1'1 from September 12 meeting and Items #'12C3-8
from September 26 meeting to be reconsidered on November 14,
2000 - 4/0 County Attorney to explore all options including
declaratory actions and all parties to meet and work together.
Added
H.
Discussion regarding new Commissioner attending Florida Association
of Counties. (Commissioner Carter)
New Commissioners encouraged to attend FACC and
Commissioners have determined it is a valid public purpose - 4/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
COMPREHENSIVE PLAN AMENDMENTS
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October I0, 2000
B. ZONING AMENDMENTS
Continued indefinitely as requested by the Petitioner
1) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 12,
2000 MEETING. Petition PUD-2000-09 Brad Hedrich, P.E. of
Hedrich Engineering Inc., representing Meridian Land Co.
requesting a rezoning for property currently zoned "A" rural
agricultural, "RSF-3" residential single family and "ST" overlay to
"PUD" Planned Unit Development to be known as Madeira PUD
for a maximum of 436 residential dwelling units for property
located on the west side of Livingston Road, approximately 3/4
miles north of Immokalee Road (C.R. 846), in Sections 13 and
24, Township 48 South, Range 25 East, Collier County, Florida,
consisting of 145.93 +/- acres.
C. OTHER
1)
Approve Ordinance 2000- amending Ordinance 97-35,
the Collier County Citation Ordinance.
Oral. 2000-62 - Adopted 4/0
2)
Recommendation that the Board of County Commissioners
adopt a resolution to find that redevelopment and planning
activities are underway in the Gateway Triangle/Bayshore
Community Redevelopment Area and that projects in the area
to be in conformity with the Community Redevelopment Plan.
Res. 2000-360 - Adopted 4/0
3)
THIS ITEM HAS BEEN CONTINUED TO THE OCTOBER 24,
2000 MEETING. Amendment to the State Housing Initiatives
Partnership (S.H.I.P.) Down Payment/Closing Cost Assistance
Program for First-time Homebuyers.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1)
Petition V-2000-15, James Houser of Quailmark Homes, Inc.,
representing Earl and Ada Engelmann, requesting a 3-foot
after-the-fact variance from the required 20-foot rear yard
setback for accessory structures to 17 feet for property located
at 4377 Pomarine Court, further described as Lot 65, Block K,
Longshore Lake Unit 5D, in Section 20, Township 48 South,
Range 26 East, Collier County, Florida.
Res. 2000-361 - Adopted 4/0
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October I0, 2000
B. OTHER
14. STAFF'S COMMUNICATIONS
A. Solid waste workshop to be held in December when new
commission is seated.
B. Rocks on the beach will be discussed as regular agenda item on
10/24/00.
'15.BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. County Attorney to put on 10/24/2000 agenda, an executive
session re the Bernstein case - 4/0
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 - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request Creekside West Inc. to delay commitment to construct
east/west road in Creekside Commerce Park until completion of
a County utility project involving the construction of a 30-inch
sewer forcemain.
2)
Petition VAC 00-007 to disclaim, renounce and vacate the
County's and the public's interest in the Public Road Right of
Way located within the IslandWalk Development which is
referred to in certain recorded instruments, Public Records of
Collier County, Florida, and being located in Section 34,
Township 48 South, Range 26 East.
Resolution 2000-346
3)
Petition VAC 00-015 to vacate the 10' drainage easement
recorded in O.R. Book 915, Page 521, Public Records of Collier
County, Florida, and to accept a 12.5' drainage easement,
located in Section 29, Township 48 South, Range 25 East.
Resolution 2000-347
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October 10, 2000
4)
Recommendation to approve Commercial Excavation Permit
No. 59.760, "Eckhart Lake Commercial Excavation" located in
Section 5, Township 48 South, Range 28 East; bounded on the
north by vacant lot, on the south by 52nd Avenue N.E. right-of-
way, on the west by vacant lot, and on the east by canal right-
of-way.
With stipulations
5)
Request to approve for recording the final plat of "Island Walk
Phase Five A", and approval of the Standard Form Construction
and Maintenance Agreement and approval of the amount of the
Performance Security.
Subject to construction and maintenance agreement and
performance security
6)
Request to approve for recording the final plat of "Coachmen
Glen" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
Subject to construction and maintenance agreement and
performance security
7)
To accept the donation of 1,800 square feet of storage space
as equivalent to $11,600 in operational expenses and authorize
the release of $13,900 of TDC Funds to the Marco Island
Historical Society.
TRANSPORTATION SERVICES
1) This item has been deleted.
2)
A Resolution authorizing the execution of a Joint Participation
Agreement (JPA) For public transit expenses with the Florida
Department of Transportation (FDOT) and authorizing the
Transportation Administrator or the Transportation Planning
Director to enter into, modify or terminate the JPA with the
FDOT unless specifically rescinded.
Resolution 2000-348
3)
Approve Change Order No.2 to the construction contract No.
00-3031 with Hannula Landscaping, Inc. for C.R. 951 Part "B"
landscape improvement, Project No. 69118
In the amount of $11,856
4)
A Resolution authorizing the execution of a Joint Participation
Agreement (JPA) for public transit vehicles with the Florida
Department of Transportation (FDOT) and authorizing the
Transportation Administrator or the Transportation Planning
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October 10, 2000
Director to enter into, modify or terminate the JPA with the
FDOT unless specifically rescinded.
Resolution 2000-349
s)
Approve Bid #00-3144 "SR 951 at Fiddler's Creek MSTD
Roadway Grounds Maintenance."
Awarded to Commercial Land Maintenance
6)
Approve Change Order No. 4 with APAC-Florida, Inc. for
additional construction services for the widening of Immokalee
Road from 1-75 to Collier Boulevard (CR 951 ), Project No.
69101, CIE #8.
In the amount of $323,115.90
7)
Amend Work Order TS-BL-9908 to provide additional
construction work for the Bayshore Drive Beautification
Municipal Services Taxing Unit (MSTU) Landscaping Project.
With the Botner Land Design, Inc. In the amount of $2,780
PUBLIC UTILITIES
1)
Certify financial responsibility for South County Regional Water
Treatment Plant Reverse Osmosis Expansion Deep Injection
Wells, Project 70054.
2)
Authorize Public Utilities Administrator to accept Department of
Environmental Protection Settlement Offer.
PUBLIC SERVICES
l)
Adopt a Resolution to Convey a Grant of Utility Easement to
Sprint-Florida, Incorporated, at Golden Gate Community Park.
Resolution 2000-350
2)
Adopt a Resolution, Approve an Easement Agreement and
Convey a Grant of Utility Easement to Sprint-Florida,
Incorporated in Isles of Capri.
Resolution 2000-351
SUPPORT SERVICES
1)
Appropriate Carry Forward in Countywide Capital Projects Fund
(301).
2)
Approve a Budget Amendment for the Fiscal Year 2001 PC
Replacement Program.
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October tO, 2000
F. EMERGENCY SERVICES
G. COUNTY MANAGER
1)
Approval of Budget Amendment Report - Budget Amendment
#00-512.
H. AIRPORT AUTHORITY
I. BOARD OF COUNTY COMMISSIONERS
J. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
K. OTHER CONSTITUTIONAL OFFICERS
L. COUNTY ATTORNEY
1)
Approval of agreed order regarding appraisal fees in the
eminent domain case entitled Collier County v. John B. Fassett,
Trustee of the Anne M. Fassett Trust dated 6/05/86, et al., Case
No. 99-3040-CA
Staff to deposit an additional $3,300 into the Registry of the
Court.
2)
County provision of legal representation to current and former
county employees.
David E. Bryant, Esq, to provide representation at the rate
of $120 per hour.
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.
Petition CU-2000-07 William L. Hoover, Hoover Planning &
Development, representing Pastor Jaime Espinoza of the Iglesia
Herederos De Dios (Lake Trafford Christian Church), requesting a
conditional use for a church, a private school, and a child care facility
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October 10, 2000
for property located on the south side of Lake Trafford Road,
approximately 2.5 miles west of S.R. 29 in Section 36, Township 46
South, Range 28 East, Collier County, Florida, consisting of 19.15_+
acres.
Resolution 2000-352
Petition V-2000-18 Stephen J. Trudnak, P.A., representing David and
Diane Bautsch, requesting a 4'-8" variance from the required 10-foot
rear yard setback for accessory structures in order to renovate and
expand a pool and deck for property located at 297 3rd St. West in
Little Hickory Shores Subdivision, Unit ¢¢3 Replat, Block F, Lot 9, as
recorded in Plat Book 6, Page 2, Bonita Springs, Florida.
Resolution 2000-353
Petition VAC 00-003 to disclaim, renounce and vacate the County's
and the publids interest in 15 foot drainage easement along the
common tract line of Tracts "T" and "S" shown on the plat of
"Northbrooke Plaza" as recorded in Plat Book 31, Pages 65 through
66, Public Records of Collier County, Florida and being located in
Section 19, Township 48 South, Range 26 East and to accept a 15'
wide replacement drainage easement along the common tract line of
Tracts "R" and "S".
Resolution 2000-354
Adopt a Resolution Approving Amendments to the Fiscal Year 1999-
2000 Adopted Budget.
BAR 2000-04
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383
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October 10, 2000