Recap 12/15/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, December 15, 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 Grant Thigpen, New Hope Ministries
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or adopted with changes - 510
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented - 510
A. November 24, 1998 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
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December 15, 1998
A. PROCLAMATIONS
1) Proclamation proclaiming Everglades City, FL as Florida Outstanding Rural
Community of the Year. To be accepted by Ms. Pauline Reeves, President, Friends
of the Museum of the Everglades and Ms. Donna Ridewood, Museum Manager of
Everglades City.
Adopted - 510
B.SERVICE AWARDS
Presented
1) Sam Saadeh, Assistant to the County Administrator - 10 years.
2) Gary Young, Public Works Administration - 10 years.
C.PRESENTATIONS
Presented
1) Presentation by Terry Wolfson, President of the Collier County Fair.
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Joe Gennaro, Manager - Southwest Property Management regarding an agreement with
the Sheriff's Office for Traffic Control - Villages of Monterey.
Staff to pursue and to be brought back as regular agenda item
B. J. David Mallory, Sr. Pastor, First Assembly Ministries requesting temporary placement
of a building.
Staff directed to approve the request
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Petition C-98-8, Collier County Agricultural Fair & Exposition, Inc., requesting a
permit to conduct a carnival from January 8 through January 16, 1999 on the east
side of C.R. 846, in Section 14, Township 48 South, Range 27 East.
Carnival Permit 98-8 - Approved 5/0
2) Approval of a Lease Agreement between Collier County and Collier Enterprises
Realty Group, Inc.
Approved - 5/0
B. PUBLIC WORKS
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December 15, 1998
WITHDRAWN
1) Consideration and approval of an irrigation water agreement between Collier
County and Collier Development Corporation.
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) Discussion and direction regarding County services and contracts with the City of
Marco Island.
Staff to arrange joint meeting with the City of Marco and the Sheriff after the
Board's first meeting in January 1999 - 5/0
2) CONTINUED FROM THE DECEMBER ~ 1998 MEETING. Staff report on the
potential impact of the Clerk of Courts "yield burning" lawsuit.
TO BE HEARD WITH ITEM 10C AT 10:45AM.
ADDED
3) Approve Budget Amendment to purchase Microvax to allow staff to meet the Y2K
work plan schedule (Staff's Request)
Tabled until the end of the meeting - 5/0
Continued to January 12, 1999- 5/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Report regarding status of proposed Ethics Ordinance.
Presented. Staff to bring back resolution supporting lobbyist rules and regulations for
elected officials - 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Pre-Kindergarten Interagency Coordinating Council on
Early Childhood Services.
Appointing Deloris Sheridan, Patricia Gulley, and Robert Riley - 5/0
B. Appointment of members to the Citizens Advisory Task Force.
Ordinance provision waived regarding reappointment of Vivian Lager. Res. 98-500
appointing Vivian Lager and Karin English - Adopted 5/0
C. Reconsideration of Item ll(A)(2) discussion with the BCC and Clerk of Courts re bond
re~nancing heard at the November 14, 1998 Board meeting.
TO BE HEARD AT 10:45AM.
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December 15, 1998
No Action - Board support of the Clerk (Consensus)
D. Recommendation to declare a vacancy on the Collier County Code Enforcement Board.
Res. 98-501 - Adopted 5/0
E.Discussion regarding individual County legislative programs and contract lobbyists.
BCC identified Revision 7 implementation as a key issue for the County and makes it a
top priority for the 1999 Legislative Session - 5/0. Chairman to send letter regarding
loop hole in incorporation statute and make changes to state Ethics Law.
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B.PUBLIC COMMENT ON GENERAL TOPICS
David Shealy regarding Tourist Development Events
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-98-16 R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A.,
representing U.S. Home Corporation, requesting a rezone from RMF-12(10), RMF-
6, RSF-4, and A to PUD Planned Unit Development to be known as Cedar
Hammock Golf & Country Club PUD for 799 single family and multi-family
dwelling units and an 18 hole golf course located south of Davis Boulevard (S.R. 84)
and west of S.R. 951, in Section 3, Township 50 South, Range 26 East, consisting of
+/- 418 acres.
Ordinance 98-115 - Adopted with stipulations 5/0
C. OTHER
1) This Item has been deleted.
2) Petition VAC 98-023 to vacate a portion of a waterway adjacent to Lots 12, 13, 17,
18 and 19, according to the Plat of "Palm River Shores", as recorded in Plat Book
3, Page 27, Public Records of Collier County, Florida, located in Section 22,
Township 48 South, Range 25 East.
Resolution 98-502 - Adopted 5/0
CONTINUED INDEFINITELY
3) CONTINUED FROM DECEMBER 8, 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
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December 15, 1998
21, formerly Beachway PUD, 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 111t" Avenue and south of the Cocohatchee River, in Section 21,
Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +
acres.
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
Clerk's lawsuit against Judge Starnes to be heard in court on Thursday.
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 with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Quail West Unit One, Replat Block C,
Second Edition.
Res. 98-488
2) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Island Cove"
Res. 98-489
3) Recommendation to approve excavation permit No. 59.671 Creative Homes II
Commercial Excavation located in Section 29, Township 47 South, Range 28
East; bounded on the north by vacant tract, on the east by vacant tract, on the
south by 66t" Avenue N.E. and on the west by vacant tract.
W/stipulations
4) Approval of amendment #1 for Contract GC530 with the Florida Department
of Environmental Protection (FDEP)
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December 15, 1998
5) Request to approve for recording the final plat of "Vanderbilt Galleria Phase
One"
W/stipulations
6) Request to approve for recording the final plat of "Tiburon - The Norman
Estates at Pelican Marsh Unit 23", and approval of the performance security
W/Performance Bond, Construction and Maintenance Agreement and
stipulations.
ADDED
7) Approve for recording, the Final Plat of "Silver Lakes", (Commissioner Norris)
W/Construction and Maintenance Agreement
ADDED
8) Approved for recording, the Final Plat of "White Lake Corporate Park" and
Approval of Performance Security. (StafFs Request)
W/Letter of Credit and Construction and Maintenance Agreement
B. PUBLIC WORKS
1) This item has been deleted.
2) Approve an Interagency Agreement between Collier County and the State of
Florida Department of Corrections, Hendry Correctional Institution, for
continued use of inmate labor in road maintenance activities.
3) Recommendation to accept Surplus Bid S98-2858 for an Aretel Direct-Line 600
Series Call Screening System.
In the amount of $205.00
4) Approve an Alternate Road Impact Fee for the Lely Mustang Golf Course
based on a site-specific computation.
In the amount of $20,454.85
5) Approve Professional Services Agreement in the amount of $37,600 for
Roadway and Signal Improvements at Immokalee Road and Wilson Boulevard.
W/Wilson, Miller, Barton & Peek, Inc.
6) Award Contracts for Bid Numbers 98-2865 and 98-2869 to enable the purchase
of additional Beach Cleaning Equipment for Maintenance of the Collier
County, Naples and Marco Island Beaches.
Awarded to Florida Municipal Equipment in the amount of $34,870.00; and
Creel Ford Tractor Co. in the amount of $34,562.00
7) Approve Tourist Development Category "A" Funding Applications for Beach
Maintenance and Inlet Management Projects.
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December 15, 1998
In the amount of $166,458.00
8) Approve Conservation Easement with the Florida Department of
Environmental Protection regarding the South County Regional Reclaimed
Water Storage Ponds, Project 74011.
9) Approve Petition TM 98-02 for Neighborhood Traffic Management to traffic
calm a portion of Curling Avenue east of the entrance of Boca Palms of Naples
to the vicinity of Winter View Drive.
10) Award Bid #98-2882 for construction of Proposed Pathway Project.
To Bonness, Inc.
11) CONTINUED TO 1/12/99: Approve the Livingston Road Utility Facilities
Reimbursement and Contribution Agreement (Staff's Request).
12) Authorization to reimburse Water and Sewer Impact Fees.
To Mayflower Congregational United Church of Christ
13) Request authorization to file lawsuit against Boyle Engineering Corporation for
claims arising from the design and construction of the original North County
Regional Water Treatment Plant, Project 70002.
14) Approve a budget amendment appropriating reserves in the Solid Waste
Mandatory Collection Fund.
In the amount of $57,834.00
C. PUBLIC SERVICES
1) Award the purchase of maintenance equipment for South Naples Community
Park.
From John Deere Co. in the amount of $56,571.84
D. SUPPORT SERVICES
1) Approval to Amend the County Purchasing Policy
Res. 98-490
2) Approval of a Lease Agreement Between Collier County and State Senator Burt
L. Saunders.
Res. 98-491
3) Approval of a Lease Agreement Between Collier County and State
Representative Dudley Goodlette.
Res. 98-492
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December 15, 1998
4) Approval of a Lease Agreement Between Collier County and Congressman
Porter Goss.
Res. 98-493
5) Approval of a Collective Bargaining Agreement between the Board of County
Commissioners and the International Association of Fire Fighters, Local 3670.
6) Approval of a Certificate of Public Convenience and Necessity for the Collier
County Emergency Medical Services Department.
E. COUNTY ADMINISTRATOR
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of
Lien for Services of the Public Defender for Case Nos.: 9807262MMA, 9704990MMA,
9806114MMA, 9806787MMA 9604545MMA, 9803240MMA, 9805512MMA,
9708714MMA, 9807049MMA 971035MMA, 9804230MMA, 9709219MMA,
9802012MMA, 9804119MMA 9805704MMA, 9801234MMA, 9804317MMA,
9805181MMA, 9805661MMA 9805198MMA, 9802312MMA 9804892MMA,
9801935MMA, 9803547MMA 9804896MMA, 9804591MMA 9802458MMA,
9709019MMA, 9805187MMA 9805513MMA, 9805514MMA 9804586MMA,
9807221MMA, 9609987MMA 9708478MMA, 9706703MMA 9803351MMA,
9803517MMA, 9805438MMA 9806275MMA, 9802796MMA 9803387MMA,
9803980MMA, 9709292MMA 9705479MMA, 9704273MMA 9804924MMA,
9807120MMA, 9804675MMA 9804461MMA, 9710156MMA 9800592MMA,
9804660MMA, 9803709MMA 9803981MMA, 9709960MMA 9710082MMA,
9807048MMA, 9710654MMA 9800417MMA, 9803411MMA 9801865MMA,
9803854MMA, 9802594MMA
2) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1) Approval of a lease agreement between Collier County and Alan and Patricia
Boole.
For property on Arnold Avenue for use by the Sheriffs Office with the first
year annual rent in the amount of $22,020.00
2) Recommendation that the Board approve a budget amendment in the amount of
$17,580 to cover the increase in the FY99 tax increment payment to the Naples
Community Redevelopment Agency.
I. COUNTY ATTORNEY
1) Request by the Collier County Industrial Development Authority for approval
of a resolution authorizing the Authority to issue revenue bonds to be used to
finance educational facilities for Seacrest School.
Res. 98-494
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December 15, 1998
2) Request by the Housing Finance Authority of Collier County for approval of
resolutions authorizing the Authority to issue multi-family housing revenue
bonds to be used to finance qualifying apartment projects.
Res. 98-495; Res. 98-496; and Res. 98-497
3) Recommendation to approve a Legal Services Agreement with Fixel & Maguire
as legal counsel to represent county relating to county's property acquisition
interests including eminent domain proceedings for the Immokalee road Four-
laning Project (Project No. 69101) between 1-75 and C.R. 951 and for the
Golden Gate Boulevard Four-Laning Project (Project No. 63041) between C.R.
951 and 2"d Street S.E.
At $200.00/hr. for non-trial work and $235.00/hr for all trial work.
4) Recommendation that the Board of County Commissioners adopt a Resolution
Establishing a Uniform County Policy Imposing Fees for the Inspection,
Examination and Duplication of Public Records Pursuant to Section 119.07,
Florida Statutes.
Res. 98-498
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.
A. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 90-111, as
amended, which created the Pelican Bay Municipal Service Taxing and Benefit Unit;
amending Section Seven to provide for the reduction of the size of the Pelican Bay Municipal
Service Taxing and Benefit Unit Advisory Committee; amending Section Eleven to provide
for the reduction of the number of members required for a quorum and to conduct business
and to take action; providing for inclusion in Code of Laws and Ordinances; providing for
conflict and severability; and by providing an effective date.
Ord. 98-113
B. An Ordinance Creating and Establishing the Goodland/Horr's Island Fire Control District;
Providing for Title and Citation; Providing Boundaries of the District; Providing for the
Creation and Establishment of the District; Providing for the Governing Board, Powers and
Duties; Providing for Construction; Providing for Conflict and Severability; Providing for
Inclusion in the Code of Laws and Ordinances; and Providing an Effective Date.
Ord. 98-114
C. CONTINUED FROM DECEMBER 8~ 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
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December 15, 1998
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.
Res. 98-499
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 15, 1998