Recap 09/22/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, September 22, 1998
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 HAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS HADE, 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 Tim Navin, St. Peter the Apostle Catholic
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.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented 5/0
A. September 1, 1998 - Regular meeting.
B. September 2, 1998 - Pelican Bay meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
Page i
September 22, 1998
1) Proclamation proclaiming week of October 1 through October 7,
1998 as United Way of Collier County Campaign Kick-Off Week.
To be accepted by Shannon Anderson, Campaign Development
Director of United Way and Ernie Bretzmann, Executive Director
of United Way.
Adopted 5/0
2) Proclamation proclaiming September 30, 1998 as partners in
Education Recognition Day. To be accepted by Danielle S. Poff,
Partners in Education Coordinator.
Adopted 5/0
B. SERVICE AWARDS
Presented
1) Raymond Bellows, Planning Services - 10 Years
2) Cheryl Wilson-Watson, EMS - 10 Years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
8. COUNTY ADMINISTRATOR'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request for interpretation of the provisions of the Westview
Plaza PUD relative to access to and from Donna Street.
Access to property through Donna street with restrictions 4/1
(Commissioner Constantine Opposed)
2) Recommendation to approve and execute the Transportation
Disadvantaged Funding Agreement between Collier County and Good
Wheels, Inc.
Staff Recommendation Approved 4/0 (Commissioner Norris Out)
B. PUBLIC WORKS
1) CONTINUED FROM 6/9/98 Corridor Study for the Extension of
Santa Barbara Blvd. South between Davis Blvd. And Rattlesnake-
Hammock Road (Project No. 60091) CIE No. 32.
Staff to luther investigate and bring back 5/0
C. PUBLIC SERVICES
1) Consider three alternative methods of distributing beach
parking permits.
Continue with current method - 5/0
D. SUPPORT SERVICES
Page 2
September 22, 1998
Added
1. Approval of a $320,000 transfer from General Fund Reserves to
the Emergency Medical Services Fund. (Staff's request)
Approved - 5/0
Moved from Item #16D2
2) Authorization to purchase NOAA Weather Radio Transmitter
System.
Staff recommendation approved - 4/0 (Commissioner Hancock out)
E. COUNTY ADMINISTRATOR
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation to uphold Collier County Board of County
Commissioners' August 4, 1998 decision to approve the final
plat of Twin Eagles, Phase One.
Decision of Board of County Commissioners Upheld - 5/0
10. BOARD OF COUNTY COMMISSIONERS
Added
A. Discussion regarding the film commission contract.
(Commissioner Berry)
No Action
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
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
Move to Item #170
1) Petition No. R-98-3, Laura Ryan of Wilkinson and Associates
representing Habitat for Humanity of Collier County, Inc.
requesting to change the zoning classification of a property
from "A-MHO" Agricultural with Mobile Home Overlay to "VR"
Village Residential District. The subject property is located
on the north side of Carson Road approximately one mile north
of Lake Trafford Road in Section 30, Township 46 South, Range
29 East, Collier County, Florida. This site consists of 39.9
acres.
C. OTHER
Page 3
September 22, 1998
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition No. V-98-13, Brian Jones of Tamiami Builders
representing Robert Phelps requesting a 5 foot variance from
the required side yard setback of 15 feet to 10 feet for the
west side of a proposed storage building for a property located
at 2255 Linwood Avenue between Davis Boulevard and Tamiami
Trail East.
Res. 98-396 Adopted w/changes - 5/0
2) CONTINUED FROM SEPTEMBER 8~ 1998. Petition V-98-10, Sharon M.
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.
Res. 98-397 Adopted - 4/1 (Commissioner Hancock opposed)
3) Petition No. CU-98-15, Terrence Kepple representing Branmar
Company, Inc., requesting the approval of a conditional use for
a truck rental business on a C-4 zoned property located
approximately two miles east of Rattlesnake Hammock Road on US~
41, and further described as Lots 3 through 6, Block One,
Naples Manor Lakes, Collier County, Florida.
Res. 98-398 Adopted w/conditions - 5/0
Moved from Item #17A
4. Petition No. CU-98-12, Jeff Davidson representing Joseph D.
Bonness, III, Trustee of Southern Sand and Stone, Inc.,
requesting the approval of a Conditional Use for an earth
mining activity on a parcel of land zoned "A" Agricultural
located on Oil Well Road approximately 4.5 miles east of
Immokalee Road in Section 16, Township 48 South, Range 28 East,
Collier County, Florida.
Res. 98-395 Adopted 5/0
Moved from Item #17B
5. Petition No. PUD-95-4(1), Agnoli, Barber and Brundage
representing Pipers Boulevard Medical Office Center seeks to
repeal the current Pipers Boulevard Medical Office Center PUD
and to adopt a new PUD, in order to add 0.19 acres of land to
expand the existing parking lot by providing additional parking
spaces and adding related landscaping and buffers. The
applicant also wishes to amend the PUD Master Plan to provide
additional access points to the site.
Ord. 98-82 Adopted - 5/0
B. OTHER
14. STAFF'S COMMIrNICATIONS
Page 4
September 22, 1998
A. County Attorney Weigel advised that Item #17H Elective Date
will be Nov. 2, 1998
B. Briefing re Hurricane Georges to be held at 4545 P.M. on
9/23/98
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion re Florida Bar supporting FACC Amendment 7
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. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve the final plat of "Naples Walk"
Subject to Construction & Maintenance Agreement and Letter of
Credit
2) Recommendation that the Board of County Commissioners approve a
budget amendment to transfer funds to cover legal settlement
charges and fire plan review
3) Recommendation to approve Excavation Permit No. 59.654
"Jolly/Evers Commercial Excavation" located in Sections 8 and
17~tTownship 48 South, Range 28 East: Bounded on the south by
41 Avenue NE, and on the north, east and west by land zoned
Estates.
4) This item has been deleted.
5) Authorize the Chairman to sign the Agreement for the Florida
Department of Environmental Protection Derelict Vessel Removal
Grant.
6) Authorize the Chairman to sign the Agreement for the Florida
Department of Environmental Protection Special Waterway
Projects Grant.
7) Request to approve for recording the final plat of "Bay Laurel
Estates at Pelican Marsh Unit Twenty-One", and approval of the
performance security
Subject to Construction & Maintenance Agreement and Performance
Bond
8) CONTINUED FROM SEPTEMBER 8, 1998. 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;
Page 5
September 22, 1998
Res. 98-383~ 98-384~ 98-385~ 98-386~ and 98-387
9) Authorize the Chairman to sign a Grant Agreement with the U.S.
Fish and Wildlife Service for funding exotics removal in the
Lely Barefoot Conservation easement area.
10) Request to approve for recording the final plat of Twin Eagles
Phase One and approval of the performance security.
Subject to Construction & Maintenance and Performance Bond
B. PUBLIC WORKS
1) Approve Change Order No. 1 to Work Order ABB~FT98-3 for
Professional Engineering Services with Agnoli, Barber &
Brundage, Inc. for Imperial West/Landmark Estates Drainage
Project.
In the ~mount of $7,006.24
2) Approve Bid #98-2823, Purchase of Limerock and Fill Materials.
Awarded to APAC-Florida, Southern Sand and Stone, Harmon
Brothers Rock and Harper Brothers
3) Approve purchase of Landscape Maintenance Equipment from
Barry's Gavely Tractors, Inc.
In the amount of $120,000
4) Approve a budget amendment in the amount of $36,000 for the
Goodland Water Assessment Bonds, Series 1982.
C. PUBLIC SERVICES
1) Amend Chapter 89~449 to authorize activities as it relates to
County parks.
2) This item has been deleted.
3) Acceptance of Library Long Range Plan in order to qualify for
FY 1999 Library Operating Grant (State Aid to Libraries)
administered by the Florida Department of State, Division of
Library and Information Services, and permission for Chairman
to sign application.
4) Authorize the Chairman to execute the annual contract between
Collier County and the State of Florida Department of Health
for operation of the Collier County Health Department.
5) Resolution of the Board of County Commissioners of Collier
County, Florida, approving the conveyance by Collier County of
The Marco Racquet Center; Jane Hitler Park; Frank Mackle Park;
Leigh Plummer Park; Winterberry Park; Tract "C" Park; Tract "D"
Park to the City of Marco Island, Florida. Approval of Bill of
Sale Documents.
Res. 98-388
Page 6
September 22, 1998
6) Amend the Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy.
Res. 98-389
D. SUPPORT SERVICES
1) Approval of the renewal of the Property & Casualty Insurance
Program.
Moved to Item #8D2
2) Authorization to purchase NOAA Weather Radio Transmitter
System.
3) Award Bid No. 98-2833, Annual Agreements for Title Commitments.
Awarded to Fifth AVenue Titlet Associated Land Title Groupt
David Szempruch, P.A.t and First Title and Abstract.
4) Approval of a Resolution, County Grant Application, and the
Grant Distribution Form for EMS Medical Equipment.
Res. 98-390
5) Award Bid No. 98-2824 for the purchase of uniforms for the
Emergency Medical Services Department.
Awarded to Martins, Aureus and Skaggs
6) Approve a budget amendment to appropriate the Maintenance
Service Revenues for Reimbursement of Operating Expenses.
WITHDRAWN
7) Approval of a Resolution updating the Collier County Ambulance
Service User Fees.
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 98-431t 98-427t 98-4371 and 98-445
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 that the Board of County Commissioners approve a
budget amendment in the amount of $730,000 transferring funds
from reserves to redemption of long-term debt Pine Ridge
Industrial Park and Naples Production Park Special Assessment
Bonds 1993.
I. COUNTY ATTORNEY
J. AIRPORT AUTHORITY
Page 7
September 22, 1998
17. SUMMARY AGENDA ~ ALL ITEMS APPEARING UNDER THIS SECTION 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 VOTINGI 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.
Moved to Item #13A4
A. Petition No. CU-98-12, Jeff Davidson representing Joseph D.
Bonness, III, Trustee of Southern Sand and Stone, Inc.,
requesting the approval of a Conditional Use for an earth
mining activity on a parcel of land zoned "A" Agricultural
located on Oil Well Road approximately 4.5 miles east of
Immokalee Road in Section 16, Township 48 South, Range 28 East,
Collier County, Florida.
Moved to Item #13A5
B. Petition No. PUD-95-4(1), Agnoli, Barber and Brundage
representing Pipers Boulevard Medical Office Center seeks to
repeal the current Pipers Boulevard Medical Office Center PUD
and to adopt a new PUD, in order to add 0.19 acres of land to
expand the existing parking lot by providing additional parking
spaces and adding related landscaping and buffers. The
applicant also wishes to amend the PUD Master Plan to provide
additional access points to the site.
C. Petition AV 98-017 to vacate portions of special preserve
easements in Lots 7,8,14,15,22,44,45,46 and 47, according to
the Plat of "Quail West Unit One, Replat", as recorded in Plat
Book 21, Page 84, and to vacate portions of special preserve
easements in Lots 27,28 and 29, according to the Plat of "Quail
West Unit One, Replat Block C", as recorded in Plat Book 24,
Page 37, and to vacate portions of special preserve easements
in Lots 1 and 2, Block H, according to the Plat of "Quail West
Unit One, Replat Blocks G and H", as recorded in Plat Book 22,
Page 36, all in the Public Records of Collier County, Florida,
and being located in Sections 7 and 8, Township 48 South, Range
26 East.
Res. 98-391
D. Petition AV 98-006 to vacate a portion of the platted 10' wide
utility easement along the north line of Lot 17 and to vacate a
portion of the platted 10' wide utility easement along the
south line of Lot 18, according to the Plat of "Hawksridge Unit
Two" as recorded in Plat Book 24, Pages 77 through 81, Public
Records of Collier County, Florida.
Res. 98-392
E. Update approval for Ordinance No. 92-72, The Collier County
Page 8
September 22, 1998
Fire Prevention Code
Ord. 98-74
F. An ordinance amending Collier County Ordinance 93-66, The
Collier County Swimming Pool Code
Ord. 98-75
G. An ordinance amending Ordinance 96-83, The Collier County
Building Construction Administrative Code
Ord. 98-76
H. An ordinance adopting the National Electrical Code, 1996
Edition, and amending Ordinance 95-18, the Collier County
Electrical Code
Ord. 98-77
I. An ordinance amending Ordinance 95~17 Collier County Mechanical
Code Ordinance
Ord. 98-78
An ordinance amending Ordinance 95-21, The Collier County Gas
Code Ordinance
Ord. 98-79
K. An ordinance amending Collier County Ordinance 95-21, The
Collier County Structural/Building and Hurricane Ordinance, as
amended by Ordinance No. 96-26.
Ord. 98-80
L. THIS ITEM HAS BEEN WITHDRAWN. An ordinance amending Collier
County Ordinance No. 87-20, being the Collier County Coastal
Construction Code.
M. Approve the Rate Resolution to adjust Landfill Tipping Fees,
Residential Annual Assessments and Commercial Waste Collection
Fees.
Res. 98-393
N. To adopt a resolution approving amendments to the Fiscal Year
1997-98 adopted budget.
BAR 98-1
Moved from Item #12B1
O) Petition No. R-98-3, Laura Ryan of Wilkinson and Associates
representing Habitat for Humanity of Collier County, Inc.
requesting to change the zoning classification of a property
from "A-MHO" Agricultural with Mobile Home Overlay to "VR"
Village Residential District. The subject property is located
on the north side of Carson Road approximately one mile north
of Lake Trafford Road in Section 30, Township 46 South, Range
29 East, Collier County, Florida. This site consists of 39.9
acres.
Ord. 98-81
Page 9
September 22, 1998
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
Page 10