Recap 09/08/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 8, 1998
9z00 a.m.
NOTICEz 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 12=00 NOON TO 1=00 P.M.
LUNCH RECESS SCHEDULED FOR 12=00 NOON TO 1=00 P.M.
1. INVOCATION - Pastor Hayes Wicker, First Baptist Church of Naples
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Appproved and/or Adopted with changes 5/0
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming September 29, 1998 as Law
Enforcement Appreciation Day. To be accepted by Sheriff Don
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September 8, 1998
Hunter.
Adopted - 5/0
B.SERVICE AWARDS
Presented
1) Gary Gangi, Revenue Services - 5 years
2) Nancy Epp, Library ~ 10 years
3) Kevin Potter, EMS - 10 years
4) Maria Cruz, Code Enforcement 10 years
5) Samuel Poole, Jr., EMS ~ 10 years
6) Joseph Bierley, Wastewater ~ 10 years
7) Jenne Jemmott, Library - 10 years
8) Thomas Bartoe, Building Review and Permitting - 10 years
9) Joanne Soprano, Library - 15 years
C. PRESENTATIONS
Recognized
1) Recommendation to recognize Tom McDonough, Maintenance
Worker II, Wastewater Department, as Employee of the Month for
September, 1998.
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
B. PUBLIC WORKS
1) Adopt an update to the Collier County Water and Wastewater
Master Plans.
Approved 5/0
C. PUBLIC SERVICES
MOVED FROM 16Cl
1) Amend the Vanderbilt Beach Concession Agreement.
Approved with Day-Star Unlimited, Inc. for beverages only
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
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September 8, 1998
A. Recommendation to declare a vacancy on the Contractor's
Licensing Board.
Resolution 98-374 - Adopted 5/0
B. Appointment of member to the Collier County Airport Authority.
Resolution 98-375 Appointing Eugene Schmidt - Adopted 5/0
C. Appointment of member to the Collier County Planning
Commission.
Resolution 98-376 Appointing Terri Tragesser - Adopted 5/0
D. Appointment of member to the Historical/Archaeological
Preservation Board.
Resolution 98-377 Appointing William J. Tyson - Adopted 5/0
E. Consideration of resolution supporting the formation of a
state-wide "Clean Air Task Force."
No action
ADDED
F. Disscusion regarding television equipment (Commissioner Norris)
Staff to explore additional programming and to meet with Sherri
Avery, News Director of Channel 2
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
MOVED FROM 16H1
1) Recommend that the Board of County Commissioners serve as
the local coordinating unit of Government and endorse the
Collier County Sheriff's Office Grant Application for continued
funding from the State of Florida, Department of
Transportation, Highway Safety Funds for the Sheriff's Office
D.U.I. Enforcement Project.
Approved 5/0
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition No. PUD-98-6 Robert L. Duane of Hole, Montes &
Associates, Inc. representing Mark Bates, requesting a fezone
from "A" Agriculture to "PUD" Planed Unit Development to be
known as Oak Grove PUD for single family and multi-family
residential uses with a total of 550 dwelling units for
property located at the northwest quadrant of the intersection
of Livingston Road North and Daniels Road in Section 1,
Township 49 South, Range 25 East, Collier County, Florida,
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September 8, 1998
consisting of 137 +/- acres.
Ordinance 98-71 Adopted 5/0
2) Petition No. PUD-98-4 Dwight Nadeau of McAnly Engineering
and Design, Inc. representing Gerald L. and Marion M. Bray, and
George A. Canaan, requesting a rezone from "E" Estates to "PUD"
Planed Unit Development to be known as Mir-Mir PUD for
commercial uses permitted in the Randall Boulevard Commercial
District, as set forth in the Golden Gate Area Master Plan for
property located in the southeast quadrant of the intersection
of Randall Boulevard and the Naples Immokalee Road, in Section
27, Township 48 South, Range 27 East, Collier County, Florida.
Ordinance 98-72 - Adopted with changes 5/0
3) Petition PUD-87-33(2), Mr. Bruce J. Siciliano, of Agnoli,
Barber & Brundage, Inc., representing Mr. Uri Eli-AV, Elias
Brothers, Inc., requesting an amendment to the "Windsong"
Planned Unit Development (PUD), Ordinance Number 93-74 for the
purposes of eliminating the multi-family dwelling types and the
adult congregate living facility (ACLF) units and in its place
permit single-family dwelling units utilizing the zero lot line
development standards thereby increasing the number of dwelling
units from 134 to 145 units for property located on the
northwest corner of Rattlesnake-Hammock Road (CR-864) and
County Barn Road in Section 17, Township 50 South, Range 26
East, Collier County, Florida.
Ordinance 98-73 - Adopted with changes 5/0
C. OTHER
1) Petition SNR-98-4, David W. Schmitt, P.E. of Q. Grady Minor
& Associates, P.A., representing Roberto Bollt of Orangetree
Associates, requesting a street name change from Randall
Boulevard to Valencia Parkway, located in Golden Gate Estates
Unit 23, 24, 25, 67, 68 and 69, in Sections 22, 23, and 24,
Township 48 South, Range 27 East.
Denied - 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) THIS ITEM HAS BEEN WITHDRAWN. Petition No. V-98-11, Jerry
Neal of Custom Dock & Repair, Inc., representing George &
Yohanna Tredwell requesting a 2.3 foot variance from the
required setback of 15 feet established for boat docks to 12.7
feet for a proposed boat lift addition onto an existing boat
dock facility. The applicant is also requesting a 6.4 foot
after-the-fact variance from the setback requirements of 15
feet to 8.6 feet for the west side of the same dock. The
proposed boat lift will have 30.7 feet protrusion into the
waterway which is the same as the protrusion of the existing
dock. The property is located at 12 West Pelican Street in
Isles of Capri.
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September 8, 1998
2) THIS ITEM HAS BEEN DELETED.
3) CONTINUED TO SEPTEMBER 22, 1998. Petition V-98-10, Sharon
Zuccaro, representing the Estate of Kenneth Culloden,
requesting an After-The-Fact Variance of 46.5 feet from the
required rear yard setback of 75 feet to 28.5 feet for property
located at 2300 Golden Gate Boulevard, further described as the
south half of Tract 16, Golden Gate Estates Unit 8, in Section
7, Township 49 South, Range 27 East, Collier County, Florida.
B. OTHER
14. STAFF'S COMMUNICATIONS
A. Discussion regarding Marco Island letter referencing meeting
with Commissioners.
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16. CONSENT AGENUA - 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) To approve a budget amendment for the purpose of
constructing sidewalks in the CDBG Shellabarger Park Project.
2) The Collier County Board of County Commissioners adopt the
resolution approving the amended Local Housing Assistance Plan
(H.A.P.) for fiscal years 1998-1999, 1999-2000 and 2000-2001 as
required by the Florida State Housing Initiatives (S.H.I.P.)
Program and the Florida Housing Finance Corporation;
authorizing submission of the amended Local Housing Assistance
Plan to the Florida Housing Finance Corporation for review and
approval; and approving the effective dates.
Res. 98-368
3) Request to approve for recording the final plat of
Waterways of Naples Unit Four and approval of the Performance
Security
Construction & Maintenance Agreement with stipulations
4) Request to approve for recording the final plat of
Waterways of Naples Unit Three and approval of the Performance
Security
Construction & Maintenance Agreement with stipulations
5) Request to approve for recording the final plat of Sapphire
Lakes Unit 3-C and approval of the Performance Security
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September 8, 1998
Construction & Maintenance Agreement with stipulations
6) Request to approve an alternate construction and
maintenance agreement and accept an alternate security for the
project known as Portofino
Construction & Maintenance Agreement with stipulations
7) Lien Resolutions - Code Enforcement Case Nos. 70115-030 Guy
J and Ruth B Iarussi; 71110-034 Guy J and Ruth B Iarussi;
71119-014 Guy J and Ruth B Iarussi; 71217-046 Guy J and Ruth B
Iarussi; 71217-048 Guy J and Ruth B Iarussi;
Continued to September 15, 1998
B. PUBLIC WORKS
1) Accept proposals from Tampa Bay Engineering, Inc. to
provide engineering services for the relocation of County water
and wastewater facilities.
In the amount of $156,840.47
2) Approve a Joint Supplement Interlocal Agreement with Lee
County to formalize maintenance responsibilities for Bonita
Beach Road, Woods Edge Parkway and Vanderbilt Drive.
3) Approval of Task Order #WD-PSI-98-1 for the replacement of
underground fuel storage tanks.
In the amount of $122,151.14
4) Authorize staff to reject proposals received for RFP ~97-
2725 County Water Department Software and re-bid at a later
date.
5) Authorize funding for the upgrade of the Manatee Road
Potable Water System Pump Station.
6) Approve Amendment No. Four to Professional Services
Agreement with Hazen & Sawyer, P.C., for the North County
Regional Wastewater Treatment Facility 5-MGD Expansion,
Contract #96-2474, Project 73031.
In the amount of $1,875,255.00
7) Authorize staff to negotiate with the City of Naples to
purchase property declared surplus by the City.
C. PUBLIC SERVICES
MOVED TO 8Cl
1) Amend the Vanderbilt Beach Concession Agreement.
2) Approve Budget Amendment recognizing additional Tourist
Development Tax revenue.
In the amount of $29,400.00
D. SUPPORT SERVICES
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September 8, 1998
1) 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.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 98-356, 98-396, & 98-405
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as
directed.
H. OTHER CONSTITUTIONAL OFFICERS
MOVED TO 11A1
1) Recommend that the Board of County Commissioners serve as
the local coordinating unit of Government and endorse the
Collier County Sheriff's Office Grant Application for continued
funding from the State of Florida, Department of
Transportation, Highway Safety Funds for the Sheriff's Office
D.U.I. Enforcement Project.
2) Recommendation to approve the use of confiscated trust
funds to purchase specialized equipment by the Collier County
Sheriff's Office.
I. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners
approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel Nos. 93, 93.1, and 93.2 in the lawsuit
entitled Collier County v. Richard B. Sizer, Judith Sizer, et
al., Case No. 91-2775-CA-01-DRM (Pine Ridge Industrial Park
MSTU).
2) Recommendation that the Board of County Commissioners
approve the Stipulated Final Judgment relative to the easement
acquisition of Parcel No. 291 in the lawsuit entitled Collier
County v. Georqe Visnich, et al., Case No. 91-2776-CA-01-DRM
(Pine Ridge Industrial Park MSTU).
J. AIRPORT AUTHORITY
17. SUMMARY AGENDA - ALL ITEMS APPEARING UNDER THIS SECTION MUST MEET
THE FOLLOWING CRITERIAz 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
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September 8, 1998
OF THE BC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD~ AND
4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE
ITEM.
A. Approval of a Resolution approving the Preliminary Assessment
Roll as the Final Assessment Roll and adopting same as the Non-
Ad Valorem Assessment Roll for purposes of utilizing the
uniform method of collection pursuant to Section 197.3632,
Florida Statutes, for Solid Waste District No. 1 Municipal
Service Benefit Unit Special Assessment levied against certain
residential properties within the unincorporated area of
Collier County pursuant to Collier County Ordinance 90-30, as
amended.
Res. 98-369
B. Approval of a Resolution approving the Preliminary Assessment
Roll as the Final Assessment Roll and adopting same as the Non-
Ad Valorem Assessment Roll for purposes of utilizing the
uniform method of collection pursuant to Section 197.3632,
Florida Statutes, for Solid Waste District No. 2 Municipal
Service Benefit Unit Special Assessment levied against certain
residential properties within the unincorporated area of
Collier County pursuant to Collier County Ordinance 90-30, as
amended.
Res. 98-370
C. Public hearing to consider adoption of an ordinance approving
Petition CPSS-98-01, Gerald and Marion Bray and George Canaan,
requesting a small scale map amendment to the Golden Gate Area
Master Plan Future Land Use Map.
Ord. 98-70
D. Petition No. V-98-12 Gavin and Susan Widom requesting a 5 foot
10 inch variance from the required 30 foot front yard setback
to 24 feet 2 inches for property located at 404 Bayside Avenue,
further described as Lot 6, Block K, Connor's Vanderbilt Beach
Estates, Unit 2, in Section 29, Township 48 South, Range 25
East, Collier County, FL.
Res. 98-371
E. Petition No. CU-98-16, Dominick J. Amico, Jr, representing
Collier Development Corporation, requesting Conditional Use "2"
of the Industrial Zoning District to allow for a day care
facility for property located on the south side of South
Horseshoe Drive on lot 32 of the East Naples Industrial Park,
in Section 35, Township 49 South, Range 25 East, Collier
County, Florida.
Res. 98-372
F. Petition No. V-98-9 Jerry and Shelby Delashmet requesting an
After-the-Fact variance of 1.6 feet from the required rear yard
setback of 10 feet to 8.4 feet and 0.5 feet of the required
side yard setback of 7.5 feet from 7.0 feet for property
described as the west 54 feet of lot 12 and the east 10 feet of
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September 8, 1998
lot 13 of the Gordon River Homes Subdivision, in Section 34,
Township 49 South, Range 25 East, Collier County, FL.
Res. 98-373
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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