Recap 06/23/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, June 23, 1998
9500 a.m.
NOTICE5 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
CHAIRMAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE
AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12500 NOON TO 1500 P.M.
1. INVOCATION - Reverend Woerner, East Naples United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Approved and/or adopted with changes with the exception of Item
#16A15 which is 4/0 (Commissioner Mac'Kie abstained)
4. APPROVAL OF MINUTES
A. June 2, 1998 - Regular Meeting
Approved as presented 5/0
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
B. SERVICE AWARDS
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June 23, 1998
C. PRESENTATIONS
1) Ted Soliday, Executive Director of the Naples Airport Authority
and Wilson, Miller, Barton & Peek representatives will present
a planned landscape and environmental improvements project to
include Airport Road turn lane improvements.
Presented - Staff to continue to work with Airport (Consensus)
6. APPROVAL OF CLERE'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Barbara Corneal requesting fee waiver - Veterans' Park fund
raiser.
Approved - 5/0
B. Whit Ward representing the Collier Building Industry
Association, Inc. requesting a fee waiver.
Staff directed to bring back with options on July 28, 1998
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) The Board of County Commissioners approve funding to allocate
Tourism Development Funds to the County Parks and Recreation
Department for a Jazz and Arts Festival.
Approved 5/0
2) Recommendation that the Board of County Commissioners authorize
staff to retain legal services to assist in the preparation of
Comprehensive Plan Amendments regarding Density Reduction.
Approved with Robinson and Cole and Dr. James Nicholas - 5/0
Formal competition waived
3) Adoption of a resolution endorsing the Naples-Collier County
Metropolitan Planning Organization 1998 Reapportionment Plan to
add a representative of the City of Marco Island.
Res. 98-231 - Adopted 5/0
B. PUBLIC WORKS
Moved from Item #16B6
1) Presentation of the Preliminary Feasibility Study for the
Haldeman Creek Restoration Project.
Approved - 5/0
C. PUBLIC SERVICES
D. SUPPORT SERVICES
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June 23, 1998
E. COUNTY ADMINISTRATOR
1) Quarterly Revenue and Expenditure Report - Fiscal Year 1998.
Approved - 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
Added
A. Southampton Zoning issue (Commissioner Hancock)
Discussed
10. BOARD OF COUNTY COMI~ISSIONERS
Deleted
A. Four year review of the Environmental Policy Technical Advisory
Board (EPTAB) with staff recommendation to consolidate EPTAB
with the Environmental Advisory Board (EAB).
Added=
B. Good Wheels - Transportation Disadvantaged (Commissioner
Constantine)
Staff directed to eliminate reimbursement cap to allow for the
$13,000~ to authorize a purchase order to use carryover of
$38,116.84 from fiscal year 96-97 and Legal Staff and
Management Staff to look at the greater expenses then
anticipated when the BCC reconvenes - 5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
1) A1 Perkins regarding hurricanes
2) Gil Erlichman regarding gas tax and Naples Daily News
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-96-14(1), Donald W. Arnold of Wilson, Miller,
Barton & Peek, Inc., representing SUNCO Building Corporation
requesting an amendment to the "Island Walk" Planned Unit
Development (PUD), Ordinance Number 97-6 for the purposes of
amending Table 1 in order to clarify the side and rear yard
accessory structure setbacks, revising the minimum site area
for the Town-Home Dwelling type, and by modifying the general
note to add the use of common architectural features such as
archways, arbors, and courtyard entry features which are to be
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June 23, 1998
exempt from the minimum yard requirements for property located
on the north side of Vanderbilt Beach Road and approximately
one mile east of 1-75 in Sections 33 and 34, Township 48 South,
Range 26 East, Collier County, Florida.
Ordinance 98-58 - Adopted 5/0
2) Petition No. PUD-91-2-(1), William R. Vines, of Vines &
Associates, Inc., representing Robert S. Hardy, requesting a
rezone from PUD to PUD having the effect of amending the
Northbrooke Plaza PUD to increase the amount of gross floor
area devoted to retail/service/offices.; Revising the number of
development tracts from three to two; Making other changes that
have occurred since the PUD was first approved and to update
references to those in effect, and to amend the Master Plan for
property located in the northwest quadrant of 1-75 and Naples-
Immokalee Road (C.R. 846), in Section 19, Township 48 South,
range 26 east, containing 43 acres, more or less.
Ordinance 98-59 - Adopted with change 5/0
3) Petition No. PUD-88-10(1), Robert L. Duane, AICP, of Hole,
Montes & Associates, Inc., representing National Health Care,
L.P., for a rezone from "PUD" to "PUD", Planned Unit
Development, but having the effect of amending the Surrey Place
PUD to revise provisions limiting congregate care housing
facilities in favor of LDC requirements regulating intensity of
use for said congregate housing; Expanding uses for Tract "A"
to include general and professional offices, and updating the
PUD to current LDC references and conditions for property
located on the south side of Immokalee Road (C.R. 846) one half
(1/2) mile west of Airport Road (C.R. 31), in Section 26,
Township 48 South, Range 25 East, Collier County, Florida,
containing 12.3 acres more or less.
Ordinance 98-60 - Adopted 5/0
4) Petition PUD-97-17, Mr. Bruce Siciliano, AICP, and Dudley
Goodlette, representing Amerada Hess Corporation and Garrett
F.X. Beyrent and Teryl Brezski, requesting a rezone from "E"
Estates to "PUD" Planned Unit Development to be known as the
Pine Ridge Corners PUD for property located on the north side
of Pine Ridge Road and west of 1-75, further described as Tract
17, Golden Gate Estates, Unit 35, in Section 7, Township 49
South, Range 26 East, Collier County, Florida.
Ordinance 98-61 Adopted w/condition 4/1 (Commissioner Berry
opposed)
C. OTHER
1) Petition AV 98-009 to vacate a portion of the Special Preserve
Easement on Lots 1, 2 and 3, Block E, according to the Plat of
"Quail West Unit One, Replat" as recorded in Plat Book 21,
Pages 84 through 106, Public Records of Collier County,
Florida.
Resolution 98-232 - Adopted 5/0
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June 23, 1998
2) Petition AV 98-011 to vacate the 12' Wide Lake Maintenance
Easement on Lots 1 through 4 and on Lots 8 through 13,
according to the Plat of "Tierra Lago", as recorded in Plat
Book 24, pages 20 and 21, Public Records of Collier County,
Florida.
Resolution 98-233 - Adopted 5/0
3) Petition CCSL-98-3, Christopher O. Wright, P.E. of RWA Inc.,
representing the Twin Eagles Beach and Bay Club; requesting a
Coastal Construction Setback Line variance to allow for
construction of a pool and deck, bathhouse, limited food
service building, and privacy walls, located at 9467 Gulf
Shore, Lot 4, Block A, Cormors Vanderbilt Beach Estates Unit
No. 1, section 32, Township 48 South, Range 25 East, Collier
County, Florida.
Resolution 98-235 - Adopted with stipulations 5/0
4) Approval of ordinance created to manage recovery,
reconstruction and mitigation activities following a major or
catastrophic disaster.
Ordinance 98-62 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition No. CU-98-7, Christopher O. Wright, P.E., of RWA,
Inc., representing Twin Eagles Development Company, requesting
a Conditional Use "5" of the "RT" zoning district per
subsection 2.2.8.3 of the Land Development Code for a private
club for property located at 9467 Gulfshore Drive, in Section
32, Township 48 South, Range 25 East, consisting of 1.22 acres.
Resolution 98-234 - Adopted with stipulations 4/1 (Commissioner
Mac'Kie opposed)
2) Petition No. CU-98-4, Dr. Nino Spagna representing Crossroads
Community Church, Inc., requesting Conditional Use "7" and "11"
of the Agriculture zoning district for a church and day care
facility for property located on the northeast corner of
Vanderbilt Beach Road and Livingston Road Extension, in Section
31, Township 48 South, Range 26 East, Collier County, Florida,
consisting of approximately 10 acres.
Resolution 98-236 - Adopted 5/0
B. OTHER
14. STAFF'S COMPrUNICATIONS
A) Budget item regarding Storage space for Supervisor of Elections
Approved 5/0
B) Discussion regarding County Administrator's evaluation.
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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June 23, 1998
A) Discussion regarding 4th of July Fireworks.
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 with the exception of Item
#16A15 which was 4/0 (Commissioner Mac'Kie abstained)
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Deleted
1) Request to approve for recording the final plat of "Westview
Plaza Replat" and approval of the performance security.
Deleted
2) Request to approve for recording the final plat of
"Kensington Park Phase Four" and approval of the performance
security.
Deleted
3) Request to approve for recording the final plat of "Mont
Claire at Pelican Marsh" and approval of the performance
security.
4) Staff recommendation that County Ordinance No. 94-39 be
amended to allow SHIP rehabilitation participants to select
their own contractors pursuant to County bid specifications.
5) Board of County Commissioners approve a budget amendment to
allocate Tourism Development Funds for the Special Events
Agreement between Collier County and A.S.A., Inc.
6) Board of County Commissioners approve the second budget
amendment to the Tourism Advertising and Promotion Agreement
between Collier County and the Naples Area Accommodations
Association, Inc.
7) Waiver of impact fees for nineteen (19) single family
houses to be built by Habitat for Humanity of Collier County,
Inc. in Naples Manor and to fund said waivers from Affordable
Housing Trust Fund, Fund 191.
Resolution 98-190 through Resolution 98-208
8) Lien Resolutions - Code Enforcement Case Nos. 60528-024,
60924-047 & 61002-020, 61017-120, 61017-121, 61017-164.
Resolution 98-209 through Resolution 98-213
9) Lien Resolutions - Code Enforcement Case Nos. 61030-049,
70103-017, 70107-066, 70213-021, 70214-008.
Resolution 98-214 through Resolution 98-218
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June 23, 1998
10) Lien Resolutions - Code Enforcement Case Nos. 70228-051,
70321-030, 70324-030, 70408-018, 70408-061.
Resolution 98-219 through Resolution 98-223
11) Lien Resolutions - Code Enforcement Case Nos. 70806-057,
70902-084, 71010-027, 71218-020
Resolution 98-224 through Resolution 98-227
12) Recommendation to approve Excavation Permit No. 59.636
"Start Weeks Homesite and Commercial Excavation" located in
Section 28 t~ownship 47 South, Range 28 east; Bounded on the
north by 6a Avenue N.E. on the south and west by land zoned
Estates, and on the east by the Faka Union Canal.
with stipulations
13) Recommendation to approve Excavation Permit No. 59.609
(MOD) Glen Eden-Lake 5 located in Section 9, Township 48 South,
Range 25 East, bounded on the north by the Retreat PUD, on the
east by Falling Waters North multi-family, on the south by
undeveloped RSF-4 and on the west by Arbor Trace PUD.
with stipulations
14) Final Acceptance of sewer facilities for HRS site.
15) Final Acceptance of water facilities for Bridgewater
Condominium. 4/0 (Commissioner Mac'Kie abstained)
16) Deferral of one hundred percent of impact fees for a 210
unit affordable housing project to be built by a Florida
Limited Partnership known as College Park Holdings, LTD.,
affordable rental units, and subordination of lien.
Resolution 98-228
17) Request to approve for recording the final plat of
"Wilshire Lakes Phase Two-A".
with stipulations
18) Budget amendment request to establish the Metropolitan
Planning Organization (MPO) budget for grant year 1998-1999.
19) Request to approve for recording the final plat of
"Brittany Place Phase I", and approval of the performance
security.
with stipulations
20) Authorization to enter into an agreement with Perconti data
Systems, Inc., to upgrade and complete an Integrated Management
Information System for the Community Development and
Environmental Services Division.
21) Request to approve for recording the final plat of
"Brittany Place Phase 2", and approval of the performance
security.
with stipulations
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June 23, 1998
B. PUBLIC WORKS
Deleted
1) Petition AV 98-007 to disclaim, renounce and vacate the
public's interest in the remaining portion of a 60' wide and
30' wide road right of way, utility and drainage easement
located in Section 25, Township 48 South, Range 25 East,
Collier County, Florida.
2) Approval of a Resolution to officiate a temporary road
closure and speed limit reduction during construction of the
Airport-Pulling Road Bridge Project at Junction with Immokalee
Road.
Resolution 98-229
3) Approve a Joint Supplemental Interlocal Agreement with Lee
County for planning of design and construction stages for
Livingston Road improvements at the Lee/Collier Line, CIE
Project No. 021.
4) Approve a Supplemental Agreement with Collier Naplescape
90's and George Bother, ASLA, for additional services for the
Phase 1 Davis Boulevard Median Landscape Project (U.S. 41 to
C.R. 31).
5) Accept and approve cost reimbursement by Sprint for work by
County as part of the Rattlesnake Hammock Road Four Laning
Construction Contract, Bid No. 95-2441.
In the aunount of $58,287.10
Moved to Item #8B1
6) Presentation of the Preliminary Feasibility Study for the
Haldeman Creek Restoration Project.
7) Approve Change Order No. 1 to Hole Montes and Associates,
Inc. for engineering services related to the Reclaimed Water
Back Pressure Sustaining Valves Project, Work Order No. HMA-
FT97-1, Project No. 74020.
In the amount of 52,462.00
8) Approve funding for NCRWTP concentrate pumping station
header piping replacement.
Added
9) Approve Supplemental Agreement No. 4 with Hole, Montes &
Associates, Inc. for the Immokalee Road Siz Lane Improvement
Project. (Staff's request)
C. PUBLIC SERVICES
1} Approval of Amendment No. 1 to Library's original agreement
with Data Research Associates, Inc.
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June 23, 1998
2) Execute an access easement in favor of the North Naples
Fire Control and Rescue Distrit for the Veterans Park Center
PUD.
3) Approval of an agreement to terminate lease with TECH of
Collier County, Inc.
4) Authorize funds for staff to purchase additional parking
lot lights for Bayview Park.
5) Approve a lease agreement with the Marco Island Flotilla,
Inc.
6) Approve agreements with performers for Jazz Festival.
D. SUPPORT SERVICES
1) Agreement between Collier County and the National Weather
Service for the Transfer of NOAA Weather Radio Transmitter; and
Request to Waive Bid Requirements to Purchase the Equipment
Specified by the National Weather Service.
Res. 98-230
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 98-287, 98-291, 98-295, & 98-294
2) Authorization for the County Administrator to approve
consent and emergency items during the Board's scheduled
recesses.
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED.
H. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the use of Confiscated Trust
Funds to purchase specialized equipment by the Collier County
Sheriff' s Office.
2) Recommendation to approve a budget amendment to recognize
additional Fiscal Year 1997/1998 revenue in the Confiscated
Trust Fund
3) Recommend that the Board of County Commissioners sign the
Certification of Acceptance of the $19,972.00 Subgrant Award
for the anti-Drug Abuse Grant #98-CJ-6J-09-21-01-202/Street
Grant Prevention and Apprehension Program and approve the
related budget amendments.
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June 23, 1998
4) Recommend that the Board of County Commissioners sign the
Certification of Acceptance of the $46,012.00 Subgrant Award
for the Anti-Drug Abuse Grant #98-CJ-6J-09-21-01-201/Serious
Habitual Offender comprehensive Action Plan (SHOCAP) Program
and approve the related budget amendments.
I. COUNTY ATTORNEY
1) Recommendation to the Board of County Commissioners to
approve the mediated Settlement Agreement in the case of
Sunshine Excavators, Inc. v. Collier County, Case No. 97-1760-
CC-11-ECT, to authorize the payment of the agreed upon amount,
and to authorize the Chairman to execute all necessary
settlement documents, upon review and approval by the Office of
the County Attorney.
J. AIRPORT AUTHORITY
Added
1) Board appropriate $313,300 from the Countywide Capital Fund
Reserves for a transfer to the Airport Authority Capital Fund
to cover a budget shortfall in the Immokalee Regional Airport
Manufacturing Incubator project, approve the budget amendment
and award Bid to Quality Control Builders, Inc. in the amount
of $920,287 subject to purchasing's 10-day protest period.
(Staff's request)
17. 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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