Recap 12/08/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, December 8, 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 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.
1. INVOCATION - Reverend Harold Brown, Lely Presbyterian Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or Adopted w/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. November 10, 1998 - Regular meeting.
B. November 17, 1998 - Regular meeting.
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December 8, 1998
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation by the Board of County Commissioners of Collier County, Florida
designating the week of December 7-11, 1998 as NOAA Weather Radio
Awareness Week. To be accepted by Mr. Gary Arnold, Collier County
Emergency Management Coordinator.
Adopted - 4/0 (Commissioner Constantine out)
2) Proclamation by the Board of County Commissioners of Collier County, Florida
designating December 7-11, 1998 as Florida Yards and Neighborhoods Week in
Collier County. To be accepted by Ms. Noelle Kauramaki.
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) Meliton Almendarez, Road and Bridge - 10 years
2) Daisy Rodriguez, Code Enforcement - 5 years
3) Charles Smallwood, Wastewater - 5 years
4) Martha Vellos, Building Review and Permitting - 5 years
C. PRESENTATIONS
Recognized
1) Recommendation to recognize Debrah Preston, Principal Planner, Planning
Services Department, Comprehensive Planning Section, as Collier County
Employee of the Year for 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) Report on the status of the Livingston Road Roadway Corridor and
Construction Projects.
Staff recommendation Approved 5/0
MOVED FROM 16B1
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December 8, 1998
2) Recommendation that the Board of County Commissioners approve the staff
selection of firms and award Agreements with firms for the Fixed Term
Professional Engineering Services (RFP-98-2835)
Staff recommendation approved - 5/0
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) Further discussion regarding funding for law enforcement services to Marco
Island.
Staff to come back with a listing of outstanding items. (Consensus)
2) Confirmation of appointment of John L. Cook, Jr., as Emergency Services
Division Administrator.
Motion toDeny - 3/2 (Commissioners Berry and Norris opposed)
3) Staff report on the potential impact of the Clerk of Courts "yield burning"
lawsuit on the pending refunding of County Water-Sewer District Revenue
Bonds.
Continued to 12/15/98
ADDED:
4) Amend agreement for referendum information services with Floridians for
Fairness in Court Funding.
Approved - 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A. Reconsideration of settlement agreement with Lely Barefoot Beach Homeowners Association
regarding the Lely Guardhouse.
Agreement not to be approved and legal remedies to be pursued in court system - 3/2
(Commissioners Berry and Norris opposed)
B. Golden Gate Parkway Water and Sewer Assessment District. (Commissioner Constantine)
Emergency delcared and Staff to initiate and advertise for an MSBU - 5/0
ADDED:
C.Traffic Signal at Recreation Lane and Santa Barbara Boulevard.
Staff to move forward with project ASAP
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December 8, 1998
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
D. ZONING AMENDMENTS
1) Petition PUD-98-7 Michael R. Fernandez, AICP, of Planning Development
Incorporated, representing Mastercraft Homes, Ltd., requesting a rezone for
"A" Agriculture to "PUD" Planned Unit Development to be known as
Wyndham Park PUD for single family and multi-family residential land uses,
for property located on the west side of C.R. 951 approximately 0.6 of a mile
south of Immokalee Road, in Section 27, Township 48 South, Range 26 East,
Collier County, Florida consisting of +/- 120 acres.
Denied - 4/1 (Commissioner Mac'kie opposed)
MOVED FROM 17A
2) Petition CU-98-18, American Funding and Service Corporation requesting
Conditional Use "6" of the RMF-6(3) zoning district to allow for an Assisted
Living Facility located on the west side of Goodlette-Frank Road and the east
side of 12th Street North.
Res. 98-487 - Approved 5/0
MOVED FROM 17D
3) Petition PUD-86-12(3) John B. Goodman Limited Partnership requesting an
amendment to the Bretonne Park PUD for the purpose of eliminating
commercial !and uses on commercially designed tract and replacing those uses
with an assisted living facility located on the northeast quadrant of Davis Blvd.
and Embassy Woods Blvd.
Ord. 98-112 -Adopted with changes 5/0
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) CONTINUED TO DECEMBER 15~ 1998. Petition ASW-98-1, Blair A. Foley,
P.E. of Coastal Engineering Consultants, Inc., representing Anthony Voight,
requesting a 400 foot waiver from the minimum required separation of 500 feet
between automobile service stations for property located at 2934 Tamiami Trail
East (U.S. 41), further described as a portion of Lots 1 through 10 and Lots 36
through 42, Royal Palm Terrace Unit 1, in Section 11, Township 50 South,
Range 25 East, Collier County, Florida.
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December 8, 1998
B. OTHER
14. STAFF'S COMMUNICATIONS
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
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 - 5/0 with changes
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Petition CU-97-23E, Mr. Roy A. Shuck, Pastor, representing Faith Community
Church requesting a one year extension of a Conditional Use for a church in the
"E" Estates Zoning District for property located on 22na Avenue NW and Oaks
Boulevard approximately 1/~ of a mile south of Immokalee Road.
Res. 98-481
2) Request to approve the final plat of "Coco Lakes"
With Stipulations and Construction andMaintenance Agreement
3) Request the Board approve a Road Impact Fee refund in the amount of
$1,738.00 resulting from an overpayment.
To the Club Estates in the amount of $1,738.00
4) Recommendation to approve the attached Satisfaction of Lien for Public
Nuisance Resolution 91-396
B. PUBLIC WORKS
MOVED TO ITEM #8B2
1) Recommendation that the Board of County Commissioners approve the staff
selection of firms and award Agreements with firms for the Fixed Term
Professional Engineering Services (RFP #98-2835).
2) Award Bid #98-2850 for Emulsion Polymer for the North and South County
Water Reclamation Facilities.
To Ciba Specialty Chemicals Water Treatments, Inc.
3) Approval of a Resolution ratifying specific expenditures for Wastewater
Department team-building sessions as serving a valid public purpose.
Res. 98-482
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December 8, 1998
4) Approval of a Lease Agreement between Collier County and Raymond
Crawford for use of a parcel of land in Section 8 and 9, Township 48, Range 27.
In the annual amount of $872.00 for cattle grazing
5) CONTINUED TO THE JANUARY 12~ 1999 MEETING - Authorize the
Transportation Services Department to remove the non-warranted traffic signal
at the intersection of Goodlette-Frank Road and Royal Poinciana Drive.
6) Authorize payment of an Urban Forestry Grant (No. 95-69) to the City of
Marco Island, and authorize letter stating same to the Florida Department of
Agriculture with Chairman's signature.
In the amount of $7,653.11
7) Adjust Water Management CIP Budget (Fund 325) to reflect revisions in
Capital Program.
To the Stormwater Management Capital Fund
8) ApprOval of Bid 98-2889, site work at Water Department's Maintenance
Building.
In the amount of $44,529.00 to Sunshine Excavtors, Inc.
9) Approve Amendment Six (6) to Professional Services Agreement for
Engineering Services related to improvements at the South County Water
Reclamation Facility, RFP 93-2121, Project 73053.
W/Hole, Montes& Associates, Inc.
10) Approve a Resolution identifying the pledged revenues and authorizing the
Public Works Administrator to execute any State Revolving Fund Loan
Amendments.
Res. 98-483/CWS-98-5
C. PUBLIC SERVICES
D. SUPPORT SERVICES
1) Execute contractual agreement with Golden Gate Fire Control and Rescue
District for fire and rescue protection services within the Collier County Fire
Control District.
2) Adopt a resolution and approve the Grant of Utility Easement to Sprint-
Florida, Inc.
Res. 98-484, Easement Agreement, Temporary Construction Easement and
Grant of Utility Easement
3) Award Bid No. 98-2884 and execute annual Appraisal Agreement for the
appraisal of GAC Land Trust Properties.
To the Appraisal Shoppe, Inc.
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December 8, 1998
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA - 99-048 and BA - 99-068
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1) To seek the Board of County Commissioner's approval of the Certification of
Acceptance of Subgrant Award entitled Development and Automation of
Criminal Court Case Records Reporting System.
I. COUNTY ATTORNEY
1) Agreement and budget for partial funding of Legal Aid Society.
J. AIRPORT AUTHORITY
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.
MOVED TO ITEM #12B2
A. Petition CU-98-18, Alvin J. Sandsmark, of Southwest Florida Design & Engineering,
representing American Funding and Service Corporation, requesting Conditional Use
"6" of the RMF-6(3) Zoning District to allow for an Assisted Living Facility (ALF) for
property located on the west side of Goodlette~Frank Road (CR-851) and east side of
12th Street North, in Section 22, Township 49 South, Range 25 East, Collier County,
Florida.
B. Petition SNR-98-5, Rob Wright, representing Glen Eagle Golf & Country Club,
requesting the following street name changes for property located in Embassy Woods
Golf & Country Club at Bretonne Park, in Section 5, Township 50 South, Range 26
East; Embassy Woods Boulevard is to be changed to Glen Eagle Boulevard South;
Embassy Woods Boulevard East and Embassy Woods Boulevard West are to be
changed to Glen Eagle Boulevard; Ambassador Boulevard is to be changed to Glen
Eagle Boulevard North.
Res. 98-485
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December 8, 1998
C. Petition SNR-98-11, Collier County Community Development and Environmental
Services Division, requesting a street name change from Athol Court to Athol Way,
located in Brittany Place, Phase Two, in Section 5, Township 50 South, Range 26 East.
Res. 98-486
MOVED TO ITEM #12B3
D. Petition PUD-86-12(3), Donald W. Arnold of Wilson, Miller, Barton & Peek, Inc.,
representing John B. Goodman Limited Partnership, a Minnesota Limited Partnership,
requesting an amendment to the "Bretonne Park" Planned Unit Development (PUD), for
the purpose of eliminating commercial land uses on commercially designated tract and
replacing those uses with an Assisted Living Facility (ALF) that includes a skilled
nursing facility and other ancillary uses, increasing the building height from 30 feet to
50 feet, and providing development standards for the proposed ALF for property
located at the northeast quadrant of Davis Boulevard (SR-84) and Embassy Woods
Boulevard in Section 5, Township 50 South, Range 26 East, Collier County, Florida.
CONTINUED TO DECEMBER 15, 1998
E. CONTINUED FROM NOVEMBER 24, 1998. Petition PUD-98-13, R. Bruce Anderson
of Young, van Assenderp & Varnadoe, P.A., representing Collier Development
Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" and PUD to
PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway
PUI), for a golf course and accessory and incidental facilities including a clubhouse,
50,000 square feet of C-3 commercial uses and/or a hotel on property located between
U.S. 41 on the east and Vanderbilt Drive on the west, lying north of 11 1th Avenue and
south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East,
Collier County, Florida consisting of 267.44+ acres.
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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December 8, 1998