Recap 01/26/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, January 26, 1999
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 - Father Tim Navin, St. Peter the Apostle Catholic 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
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming the month of February as Beach and Water Safety Month.
To be accepted by Ranger Janet Sellars, Collier County Parks and Recreation Dept.
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January 26, 1999
Adopted - 5/0
2) Proclamation proclaiming the month of January as Volunteer Blood Donor Month. To
be accepted by Vicki A. Gaeta R.N., Sr. Donor Recruiter, Community Blood Center
Adopted - 5/0
B.SERVICE AWARDS
Presented
1) James Scarbrough, Road and Bridge - 15 years
2) John Miles, III, Wastewater - 10 years
3) Richard Lockerby, Water Distribution - 10 years
4) Steve Peffers, Parks and Recreation - 10 years
5) Robert Reeder, Water - 10 years
6) Phil "Greg" Thacker, Wastewater - 5 years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
7. PUBLIC PETITIONS
A. Joe B!azek, Jr. Representing Messiah Lutheran Church requesting a variance to
upgrade/replace sign.
Mr. Blazek to work with staff to bring sign into compliance
8. COUNTY ADMINISTRATOR'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Budget Amendment to fund the relocation of the Housing and Urban Improvement
Department, installation of dehumidi~cation equipment, balancing the A/C system, and
interior building renovations at the Development Services Center
Approved - 5/0.
B. PUBLIC WORKS
1) Further information regarding statewide efforts to acquire Avatar Holdings, Inc. Utility
Systems.
Staff to keep options open; interlocal agreement approved with changes - 5/0
Moved from Item #16B18
2) Adopt a Resolution road right-of-way, sidewalk, utility, drainage, maintenance and
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January 26, 1999
temporary construction interests by easement for the construction of the four-laning
improvements for Immokalee Road. (Staffs Request.)
Res. 99-80 - Adopted
Moved from Item #16B17
3) Recommendation that the Bcc award Bid #98-2901 for the Clam Bay Tidal Creek and
Main Channel Dredging to energy Resources and Ludlum Construction and approve
Chairwomen to execute the contract documents upon Attorney review (Commissioner
Mac'Kie)
Approved with changes - 5/0. Commencement not to begin prior to 2-22-99
Moved from Item #16B5
4) Approve Amendment No. 1 to the Professional Services Agreement with Wilson, Miller,
Barton, Peek, Inc. for the Gordon River Extension Basin Study Project #31005
Approved - 5/0
C. PUBLIC SERVICES
1) Approve an agreement for sale and purchase of 175+/- acres of !and and authorize the sale of
a long term revenue bond for a proposed north Naples regional park.
Approved - 5/0
2) Review the counter offer regarding the historic Roberrs Ranch property in Immokalee.
Staff to pursue appraisals and contract, contingent upon financing - Denied 2/3 (Commissioners
Norris, Constantine and Berry opposed)
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) 1999 Calendar of Key Activities.
Staff to review and provide comments to the County Administrator (Consensus)
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board to consider settlement proposal in the case of Laverne
Blanford vs. Collier Count~, Case No. 97-209-CIV-FTM-26D, in the United States
District Court in the Middle District of Florida.
Settlement in the amount of $20,000.00 - Approved 4/1 (Commissioner Norris Opposed)
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Golden Gate Community Center Advisory Committee.
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January 26, 1999
Res. 99-81 re-appointing Cheryle Newman and Tom Henning and appointing Glenn Wilt
Adopted - 5/0
B. Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board.
Res. 99-82 - Adopted 5/0
C. Appointment of members to the Historical/Archaeological Preservation Board.
Limitations re two consecutive terms for Ms. Gonzalez Waived; Res. 99-83 reappointing Joanne
Marro Quinn and Diane Gonzalez - Adopted 5/0
D. Discussion regarding Interim Government Services Fees. (Commissioner Carter)
No Action.
Withdrawn
E. Discussion regarding Board expenditures for community/civic invitations (Commissioner
Constantine).
F. Motion to reconsider Agenda Item 10(I) of the January 12, 1999 Board meeting pertaining
to the status of the PGA audit/mediation endorsement.
Chairwoman Mac'Kie to participate in mediation and come back to the Board with a report -
Approved 4/1 (Commissioner Berry opposed)
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #16H4
1) Request for the purchase of a Printrak International Computer Aided Dispatch (CAD)
System for the SherifFs Office (Commissioner Carter)
Approved - 5/0
B. PUBLIC COMMENT ON GENERAL TOPICS
1) Mr. Don Arnold re relocation of employees of the SherifFs Oftice.
2) Mary Dunivan re letter relating to Pledge of Allegiance to the Flag
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) Petition PUD-98-9, Mark W. Minor of Q. Grady Minor & Associates, representing Glen
Eden on the Bay Limited Partnership, requesting a rezone from "A" rural agriculture to "PUD"
Planned Unit Development to be known as Glen Eden on the Bay for a maximum of 94 single
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January 26, 1999
family dwelling units, for property located on the west side of Vanderbilt Drive (C.R. 901)
approximately ~ mile north of Wiggins Pass Road (C.R. 888), in Section 8, Township 48 South,
Range 25 East, Collier County, Florida, consisting of 40.93+ acres.
Ord. 99-3 - Adopted
Moved from Item #17D
2) Petition PUD 89-23(1) - Rezone the Lawmetka Plaza PUD to a new PUD having the
effect of adding to the list of permitted uses and recloating the Wetland Preserve for property
located on the corner of Wiggins Pass Road and US 41. (Staffs Request)
Ord. 99-4 -Adopted
Moved from Item #17A
3) Petition PUD 98-12 Rezone from "A" rural agriculture to PUD to be known as
Fountain Park PUD located on the West side of Airport-Pulling Road South of Vanderbilt Beach
Road. (Staffs Request)
Ord. 99-5 -Adopted
C. OTHER
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1) Petition CU-98-22 Emilio J. Robau, P.E. of RWA, Inc. representing Hideout Golf Club
LTD., requesting conditional use "17" of the agricultural "A" zoning district per Section 2.2.2.3.
of the Land Development Code for a private golf course, club house and driving range facility
for property located on Brantley Boulevard, east of the Golden Gate Canal, in Sections 24 and
25, Township 49 South, Range 26 East, Collier County, Florida consisting of 180 +/- acres.
Res. 99-84 - Adopted with changes 5/0
2) Petition V-98-23, Richard Yovanovich, Esq. representing Gus Sciaqua, requesting a 15
foot variance from the required 15 foot side yard to 0 feet on the south and north property lines
for office and retail buildings to be located at 3078 Tamiami Trail North.
Res. 99-85 - Adopted
3) Petition V-98-21, James W. Viergutz representing Wedgemont Condominium,
requesting a 25 foot variance from the required 35 foot front yard to 10 feet along Palm View
Drive for carports for a condominium complex located on Palm View Drive approximately one
half mile north of Immokalee Road in Palm River area
Res.. 99-86.-Adopted
4) Petition CU-98-24 Mark W. Minor, P.E. of Q. Grady Minor & Associates, P.A.,
representing Robert Duncan for the Task Force for the Homeless, requesting conditional use "9"
of the "C-4" zoning district per Section 2.2.15.3. to add twenty (20) beds to an existing homeless
shelter for property located at 2001 Airport Road South (C.R. 31), further described as Lot 1,
Rlock K, The Glades, Unit Two, in Section 12, Township 50 South, Range 25 East, Collier
Cou~y~ Florida consisting of 2.3 +/- acres.
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January26,1999
Res. 99-87 ~ Adopted
B. OTHER
14. STAFF'S COMMUNICATIONS
A. Discussion regarding court case of the Clerk v. Collier County and Judge Starnes
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) To approve a budget amendment that authorizes the Office of Management and
Budget to establish a project budget account for the 1998 Economic
Development - Community Development Block Grant (CDBG) Project White
Lake Industrial Park.
In the amount of $750,000.00
2) Request to approve recording the final plat of Cotton Greens and approval of
the performance security.
W/Letter of Credit, Construction and Maintenance Agreement and stipulations
3) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Northshore Lake Villas Replat"
Res. 99-72
4) Recommendation to approve commercial Excavation Permit No. 59.673,
"Roberts Homesite and Commercial Excavation" located in Section 29,
Township 47 South, Range 28 East; bounded on the north, east, and south by
vacant !and zoned estates and on the west by a canal and vacant land zoned
agricultural.
W/stipulations
5) Recommendation to approve Excavation Permit No. 59.678 Tim Maloney II
Commercial Excavation located in Section 28, Township 48 South, Range 28
East; bounded on the north by 72nd Avenue N.E. R/W, on the west by 40m Street
N.E. R/W and on the south and east by vacant tract.
W/stipulations
6) Request to approve the final plat of "Forrest Glen of Naples"
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January26,1999
W/Performance Security, Construction and Maintenance Agreement and
stipulations.
7) Request to grant final acceptance of the roadway, drainage, water and sewer
improvements for the final plat of "Dekker Estates"
Res. 99-73
8) Recommendation to approve commercial excavation permit No. 59.672, "Lilac
Excavation" located in Section 24, Township 47 South, Range 27 East; bounded
on the north and west by occupied agricultural !and, on the south and east by
vacant land zoned agricultural.
W/stipulations
9) Authorize staff to reject proposals received for RFP 98-2871 - Software for
optical Imaging and re-bid at a later date.
10) Budget Amendment to fund relocation of Utility and Franchise Regulation.
(Companion to 8(A)l.)
B. PUBLIC WORKS
1) Request the Board declare a public safety emergency to authorize the
installation of additional traffic control devices for the intersection of Industrial
Boulevard (County Maintained) and Mercantile Avenue (Non-County
Maintained).
2) Approve a Budget Amendment for roadway and drainage repairs to Lynnmore
Lane in Pelican Bay.
3) Approve Work Order #WMBP-FT-98-4 with Wilson, Miller, Barton & Peek,
Inc. to provide data collection and initial permitting work for proposed
improvements to the Sabal Palm Roadway Extension.
In the amount of $42,200.00
4) Approve a Cooperative Agreement with the South Florida Water Management
District for a replacement bridge at Broken Back Road over the Cocohatchee
Canal.
Moved to Item # 8B4
5) Approve Amendment No.1 to the Professional Services Agreement with Wilson,
Miller, Barton, Peek, Inc. for the Gordon River Extension Basin Study Project #
31005.
6) Authorize the Public Works Engineering Department (PWED) Director to
Approve a Work Order with Wilson, Miller, Barton, Peek, Inc. to obtain aerial
mapping of Haldeman and Rock Creek Basins Utilizing the Fixed Term annual
contract. Project # 31010, Work Order # WM-FT-99-1.
In the amount of $35,000.00
7) Approval of Budget Amendment to re-appropriate funds for the completion of
Water Department projects currently in progress.
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January26,1999
In the amount of $556,594.00
8) Rejection of Bid #98-2832 for Degasi~er/Media and Header replacement.
9) Rejection of Bid #98-2815 for Domestic Water Meters.
Staff to re-bid
10) Addition to Bid #98-2882 for construction of the 6th Street Sidewalk as part of
the Annual Pathway Project.
11) Approve a Land Purchase Agreement with Pelican Ridge of Naples Association,
Inc. pursuant to Eminent Domain Case No. 95-5071-CA-01-TB for the recently
constructed Vanderbilt Beach Road Four Laning Improvements (Hammock
Oak Drive to Airport-Pulling Road).
Purchase Agreement and Quitclaim Deed to be accepted
12) Approve Amendment No. 4 to the Professional Services Agreement with
Humiston & Moore Engineers for work associated with the Big Marco and
Capri Pass Inlet Management Plan.
In the amount of $127,425.00
13) This item has been deleted.
14) Award a Contract to Gulfcoast Commercial Electric Inc., to construct Master
Pumping Stations Motor Control Renovations, Bid 98-2893, Project 73044.
In the amount of $302,000.00
15) Approve Amendment No. 2 to the Professional Services Agreement with
Humiston & Moore Engineers for the Marco Island Segmented Breakwater
Project.
In the amount of $23,900.00
16) CONTINUED FROM SEPTEMBER 15, 1998 - To approve the transfer of
property from Collier County to the State of Florida to satisfy the requirements
of Permit #11-00368-S.
Move to Item #8B3
17) Recommendation that the Board of County Commissioners award Bid #98-2901
for the Clam Bay Tidal Creek and Main Channel Dredging to Energy
Resources, Inc. and Ludlum Construction Co., Inc. and approve Chairwoman
to execute the Contract Documents upon Attorney review.
Moved to Item #8B2
18) Adopt a Resolution authorizing the acquisition by gift, purchase or
condemnation of fee simple title interests and/or perpetual, nonexclusive, road
right-of-way, sidewalk, utility, drainage, maintenance and temporary
construction interests by easement for the construction of the four-laning
improvements for Immokalee Road (C.R. 846) project between 1-75 and C.R.
951 CIE No. 08.
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January 26, 1999
19) Adopt a Resolution authorizing the closing of the purchase of Rookery Bay
Services, Inc. Utility Company.
Res. 99-74
C. PUBLIC SERVICES
1) This item has been deleted.
2) Approve the master agreement relating to Services for Seniors Grant Programs
and authorize the Chairman to sign the master agreement between Collier
County Board of County Commissioners and the Area Agency on Aging for
Southwest Florida, Inc.
3) Approve the Older Americans Act Continuation Grant and authorize the
Chairman to sign the contract between Collier County Board of Commissioners
and the Area Agency for Southwest Florida.
4) Approve an agreement between Collier County and the Gulfcoast Skimmers
Water Ski Show, Inc. for the completion of the grandstand facility construction.
5) Award a concession agreement for the Golden Gate pool.
Awarded to That's Amore' in Napoli
D. SUPPORT SERVICES
1) Approval to Award Bid #98-2887 to Shamrock Plumbing Inc. for On-Call
Plumbing Equipment Repair and Maintenance.
2) This item has been deleted.
3) Approval to Purchase Three (3) Full-Size, 2 Door, 4-Wheel Drive Utility
Vehicles from the State of Florida Automobiles and Light Trucks Contract.
From Bell Chevrolet in the amount of $71,865.00
4) Award Contract #95-2338 to Law Engineering and Environmental Services Inc.
for the Replacement of Integral Piping on Underground Fuel Storage Tanks.
In the amount of $92,000.00
5) Approval and Execution for Satisfactions of Claim of Liens for Water and/or
Sewer System Impact Fees.
6) Recommendation to Award Bid #98-2898 for the Advertising of Delinquent
Real Estate and Personal Property Taxes.
A~varded to Tuff Publications, Inc.
7) Recommendation that the Board of County Commissioners Approve and
Execute the Notice of Promise to Pay and Agreement to Extend Payment of
Sewer System Impact Fees.
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January26,1999
8) Approval of an Agreement between the State of Florida Department of
Community Affairs and Collier County to Accept State and Local Assistance
Funding for Emergency Management Activities.
Res. 99-75
E. COUNTY ADMINISTRATOR
1) Approval of a Disaster Relief Funding Agreement with the State of Florida,
Department of Community Affairs.
2) Approval of Budget Amendments 99-106, 99-108, 99-112, 99-131
3) Approval of a Contract Amendment with Henderson, Young & Co.
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 purchase of specialized communications
equipment from confiscated trust funds in order to participate in a Florida
Sheriffs' Task Force.
In the amount of $8,355.00
2) This item has been deleted.
3) Recommendation that the Board of County Commissioners recognize a
contractual obligation between fiscal years and approve carry forward funding.
Moved to Item #11A1
4) Request that the BCC authorize expenditure of budgeted 301 funds and 199
fund reserve for the purchase of a Printrak International Computer Aided
Dispatch (CAD) System for the Sheriff's Office.
I. COUNTY ATTORNEY
1) Recommendation that the Board forward Notice to Proceed to the Tax
Collector for tax deed applications on the 1996 county tax certificates.
2) 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 North Naples Roadway
MSTU (AKA Livingston Road; Project No. 65041).
At $235.00 per hour for trial work; $200.00 per hour for non-trial work; and
$60.00 per hour for paralegal services.
3) Recommendation for the Board of County Commissioners to pay the legal fees
and costs of former Isles of Capri Fire Control District Advisory Committee
members pursuant to Collier County Resolution No. 95-632.
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January26,1999
$6,740.00 in legal fees and $276.11 in costs.
4) 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 health care facilities for NCH Healtthcare System and educational
facilities for The Community School of Naples.
Res. 99-76; 99-77
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 #12B3
A. Petition PUD-98-12, Mr. Kevin McVicker, of Phoenix Planning & Engineering, representing
Ann Dee Development, Inc., requesting a rezone from "A" Rural Agriculture to "PUD"
Planned Unit Development to be known as Fountain Park PUD for property located on the
west side of Airport-Pulling Road (C.R. 31), and approximately 350 feet south of Vanderbilt
Beach Road in Section 2, Township 49 South, Range 25 East, Collier County, Florida,
consisting of 10.14 acres.
B. Petition V-98-22, Walter Cheviilet representing Anchorage Condominium, requesting a 10
foot variance from the required 15 foot side yard to 5 feet on the south property line for
carports for a condominium complex located on Vanderbilt Drive approximately one half
mile south of Wiggins Pass Road.
Res. 99-78
C. Petition V-98-20, Roger Hill, representing Lowell and C!audia Newton, requesting a 10.3
foot variance to the required 15 foot rear yard setback to 4.7 feet for property located at 520
Bald Eagle Drive, further described as Block B, Lot 18, Naples Bath and Tennis Club #B, in
Section 14, Township 49 South, Range 25 East, Collier County, Florida.
Res. 99-79
Moved to Item #12B2
D. Petition PUD-89-23 (1), Mr. Robert L. Duane. AICP, of Hole, Montes&
Associates,Inc.,representing the Jim Colosimo, Trustee, requesting to rezone the
property previously approved as a "PUD" namely the Lawmetka Plaza PUD to a new
PUD having the effect of adding to the list of permitted uses and relocating the wetland
preserve for property located on the northwest corner of Wiggins Pass Road and US-41,
in Section 16, Township 48 South, Range 25 East, Collier County, Florida, consisting of
33.6 acres
E. Petition R~98-7, William L. Hoover, AICP, of Hoover Planning, representing Marpet
Investment, Inc., requesting a rezone from RSF-3 to C-4 for property located on the east
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January 26, 1999
side of S.R. 951 approximately 700 feet south of U.S. 41 in Section 3, Township 51 South,
Range 26 East, Collier County, Florida consisting of 1.43 +/- acres.
Ord. 99-2
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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January26,1999