Recap 02/09/1999 R February 9, 1999
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 9, 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 - Reverend Fred Thorn, Golden Gate United Methodist Church
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or Adopted with changes o 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. January 12, 1999 - regular meeting.
B. January 13, 1999- workshop.
C. January 19, 1999 - workshop.
5. PROCLAMATIONS AND SERVICE AWARDS
February 9, 1999
A. PROCLAMATIONS
1) Proclamation recognizing the Collier County Loan Consortium. To be accepted by
Ms. Nancy Merolla, Vice-President/CRA Manager, Comerlea Bank and Trust, FSB
and Mr. Brian Hafenbrack, Sr. Vice President/Mortgage Banking, First National
Bank of Naples.
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) Luis Rosado, Road and Bridge - 25 years
2) Lumpeung Walsh, Wastewater - 15 years
3) Barbara Brown, EMS - 10 years
4) Eloy Rodriguez, Road and Bridge - 10 years
C. PRESENTATIONS
1 ) Recommendation to recognize Randy Casey, Engineering Inspector, Planning
Services Department, as Employee of the Month for February, 1999.
Recognized
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
1) Christian I. Carroll representing the Ace Group Classic, requesting a waiver of
Temporary Use and Right-of-Way permit fees for a PGA event to be held in Pelican
Marsh from February 22 to February 28, 1999, to benefit the YMCA of Collier
County.
Waiver Approved - 5/0
Added:
2) Discussion of March 5th Workshop on density reduction, cjustering and settlement
agreement with DCA.
Workshop to be held on March 19, 1999 (Consensus)
B. PUBLIC WORKS
1) Cost Proposals for Additional Alignment Evaluation and Traffic Modeling for
Santa Barbara Boulevard Extension (Project No. 60091)
Alignment "A" and "C" as proposed by Staff ~ Approved 4/1 (Commissioner
Berry opposed)
2) Recommendation for a temporary Speed Limit Reduction from forty-five miles per
hour to thirty-five miles per hour on Immokalee Road (CR 846) from Oaks
Boulevard easterly for a distance of one mile.
February 9, 1999
Res. 99-112 ~ Adopted 4/1 (Commissioner Constantine opposed).
3) A Report and Staff Recommendation regarding the Solid Waste Export Contract
Alternatives offered by Waste Management, Inc. of Florida.
Waste Management Contract Proposal Rejected - 5/0; Workshop date to be
announced at 2/23/99 meeting - 5/0
C. PUBLIC SERVICES
1) Report on the status of beach access and boat launch parks.
Report Presented
2) Report results regarding the Park Impact Fee Study.
Staff to amend current Level of Service to reflect Option #3 with TDC money
for beach parking. - 5/0
Moved from Item #16C2:
3) Authorize the language and confirm the boundaries for the Golden Gate
Neighborhood Park MSTU Survey.
Approved with changes 5/0
D. SUPPORT SERVICES
1 ) Authorization to Request Competitive Proposals for the Construction of an Office
Building.
Staff to redesign Building D and Third Floor of Building H for SherifFs
Department and have design plans ready in one month. Don Arnold to redesign
for Pubic Works within one month and all construction to be completed within
six months. Financial penalties to be enforced and site management plan
emergency declared - 5/0
ACTION TAKEN LATER IN THE MEETING DETERMINED THAT THIS
ITEM WOULD BE RECONSIDERED IN TWO WEEKS
E. COUNTY ADMINISTRATOR
1 ) Discussion regarding water retention ponds.
Santa Barbara Blvd. Ponds to be redone as pilot program; incorporate
standards into every new road construction project; and Develop LDC
language for water retention ponds - 4/0 (Commissioner Constantine out)
2) Presentation of Correctional Facilities & Law Enforcement Impact Fee Summary
Reports.
County Attorney to prepare and bring back a correctional facilities ordinance -
4/0 (Commissioner Constantine out)
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board approve a proposed Settlement Agreement in the amount of
$28,000.00 for the lawsuit styled Robert P. Richman v. Collier County, Case No. 97-419-
CIV-FTM-18D, now pending in the United States District Court for the Middle District of
Florida.
Approved - 4/0 (Commissioner Constantine out)
February 9, 1999
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Pelican Bay MSTBU Advisory Committee.
Resolution 99-113 appointing Lou Vlasho, Joseph Bawduniak and Thomas Brown -
Adopted 4/0 (Commissioner Constantine out)
B.Appointment of member to the Contractors Licensing Board.
Resolution 99-114 appointing Carol Pahl - Adopted 4/0 (Commissioner Constantine out)
C. Appointment of member to the Immokalee Beauti~cation MSTU Advisory Committee.
Resolution 99-115 appointing Denise Smith - Adopted 4/0 (Commissioner Constantine
out)
D. Appointment of members to the Golden Gate Beautification Advisory Committee.
Resolution 99-116 appointing Sabina Musci and Bonner Bacon - Adopted 4/0
(Commissioner Constantine out)
E. Appointment of members to the Black Affairs Advisory Board.
Resolution 99-117 appointing Audre Levy - Adopted 4/0 (Commissioner Constantine
out)
F. A Resolution of the Board of County Commissioners of Collier County, Florida requesting
that the Army Corps of Engineers use the duly adopted Comprehensive Plans as the Land Use
Alternative for the Environmental Impact Study for Southwest Florida; objecting to the use of
any land use alternative in the Environmental Impact Study that does not strictly comply with
the existing Comprehensive Plans.
Resolution 99-118 - Adopted 4/1 (Commissioner Mac'Kie opposed)
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
Discussion regarding Mary Wilkoom and the lease/purchase space for the Sheriffs
Department - Item 8D1 to be reconsidered in two weeks
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) CONTINUED FROM JANUARY 12, 1999 MEETING. Petition PUD-98-17 Blair
A. Foley, P.E. of Coastal Engineering Consultants, Inc., representing James Gorman,
requesting a fezone from "A" Rural Agriculture to "PUD" Planned Unit
Development to be known as Whittenberg Estates PUD for a maximum of 114
single family and multi~family dwelling units on property located on the north side
of Davis Boulevard (S.R. 84), east of Whitten Drive, in Section 6, Township 50
South, Range 26 East, Collier County, Florida, consisting of 37 +/- acres.
Continued two weeks 4/0 (Commissioner Berry abstained)
February 9, 1999
2) Petition PUD-98-7 Michael R. Fernandez, AICP, of Planning Development
Incorporated, representing Mastercraft Homes, Ltd., requesting a rezone from "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.
Ordinance 99-9 - Adopted 5/0
C. OTHER
1 ) To consider enactment into law an ordinance to amend the Airport Authority
Ordinance (No. 95-67) to eliminate the number of times a member of the Airport
Authority may be re-appointed to membership terms on the Airport Authority.
Ordinance 99-10 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
Moved to Item #17B:
1) Petition CU-98-23, A. Glenn Simpson, requesting Conditional Use "1" of the "A"
Rural Agricultural zoning district for eartlunining per Section 2.2.2.3 for property
located at 7000 Big Island Ranch Road, in Section 25, Township 47 South, Range 27
East, Collier County, Florida consisting of 105.32 +/- acres.
B. OTHER
14. STAFF'S COMMUNICATIONS
1. Comnxissioner Norris regarding discussion of Gordon River Bridge and four ianing of
Livingston Road between David Blvd. And Radio Road.
2. Commissioner Norris regarding petitioning Legislature to put all Airports under one
authority and to be brought back for discussion.
3. Commisisoner Norris regarding staff direction to investigate hookup reuse system to
city Plant
4. Commissioner Norris regarding staff direction to investigate extracting water from
Golden Gate Canal to pump into reuse sytem.
5. Commisisoner Mac'Kie directed Staff to leave building open after 5 p.m. in the future if
the Commission meeting is still in session.
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) The Board of County Commissioners authorize a 100% impact fee waiver of road,
library system, parks and recreational facilities, emergency medical services system,
and educational facilities system impact fees for one house to bc built by Rommy T.
Smith at 313 Gaunt Street in Immokalee, Collier County, said impact fees to be paid
from Affordable Housing Trust Fund (191).
5
February 9, 1999
Res. 99-88 and Agreement
2) Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia
Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80514-017 - Paul L Liens
Resolutions - Code Enforcement Case Nos. 80331-053 - Mr. Wallace L Joyce, Mr.
Riddleberger Jr.; 80527-094 - Sheila Tempelmann; 80803-061 - Julio Don~inguez
Estate & John R Dominguez P/R
Res. 99-89 through Res. 99-92
3) Liens Resolutions - Code Enforcement Case Nos. 80708-117 - Darren S & Barbara J
Filkill; 80713-027 - Michael & Janet Grella; 80713-034 - Varnville Corp. % Y
Braunschweig; 80721-030 - Edwin & Ines Guerrero
Res. 99-93 through 99-96
4) Liens Resolutions - Code Enforcement Case Nos. 80715-113 - Richard F
McCullough; 80721-062 - Mimon Baron; 80722-023 - John C Garrison Jr &
Virginia Garrison; 80723-072 ~ Lloyd G Sheehan; 80727-043 - Bruce T & Elsye K
Whitmer
Res. 99-97 through 99-101
5) Liens Resolutions - Code Enforcement Case Nos. 80409-027 - Mr. Wallace L Joyce,
Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia
Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers; 80515-025 - Elena S
Grossi; 80619-039 - Palm Foundation, Inc. & Steven H Loveless, 80727-089 -
Andrew C Hanson; 80821-03 1 - Jennifer S Brandon
Res. 99-102 through 99-106
6) Liens Resolutions - Code Enforcement Case Nos. 80706-046 - Mary Johnson,
80708-057 - Bradar & Company, Inc. Darryl J Damico; 80709-062 - Edward J &
Laverda L Pelc; 80723-057 - Eileen Curran
Res. 99-107 through 99-110
7) Request to approve the final plat of "Whispering Woods"
With Construction and Maintenance Agreement and stipulations
8) Request to approve for recording the final plat of "Autumn Woods Unit Three", and
approval of the performance security
With Performance Bond and Construction and Maintenance Agreement
9) Request to approve the final plat of Immokalee Road Center
With Construciton and Maintenance Agreement and Stipulations
B. PUBLIC WORKS
1) Approve an Access Easement to Twin Eagles Golf & Country Club, Inc., A Florida
Non-Profit Corporation,
2) Acceptance of a Drainage Easement from Enchanting Shores Co-op, Inc.
3) Approve funding to relocate Water Main for construction of Cocohatchee Canal
Widening, Project 70061.
Budget Amendment in the amount of $30,000.00
February 9, 1999
4) Award a Contract to Allied Trucking of Florida, Inc./C.B.E. Trucking Company, Inc.
for Bid No. 98-2900, Transport and Placement of Beach Fill Material.
In the amount of $362,500.00
5) Petition TM 99-01 for Raised Crosswalks to calm traffic at locations proposed under
the Safe Ways to Schools initiative in Golden Gate.
6) Approve Tourist Development Category "A" Funding Applications for Beach
Maintenance and Inlet Management Projects.
In the amount of $1,543,007.00
7) Approve final Roadway Typical Section Designs for Livingston Road as an Urban
Facility between Immokalee Road and the Lee/Collier County Line.
8) Approve Change Order with Gulf States, Inc., Bid 97-2734, and Amendment to Hole
Montes and Associates, Inc., Work Order HMA-95-2, related to Redundant
Telemetry, Project 70124.
In the deduct amount or $196,570.00
9) Request approval to use funds from Waste Tire Grant to cosponsor Running Track at
Lely High School.
In an amount not to exceed $33,000.00
C. PUBLIC SERVICES
Continued to 2/23/99:
1) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee
simple title interests for properties adjacent to the existing landfill in Township 495,
Range 26E, Section 25 for public recreational purposes.
Moved to Item #8C3:
2) Authorize the language and confirm boundaries for the Golden Gate Neighborhood
Park MSTU Survey.
D. SUPPORT SERVICES
1 ) This item deleted.
2) 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.
3) Award Contract for Professional Services to Prepare a Development of Regional
Impact Application for Development Approval (DRI/DA) and South Florida Water
Management District Permit for the Main Government Complex, RFP #98-2856.
Awarded to Wilson, Miller, Barton & Peek for a total amount not to exceed
$199,500.00
4) Appropriate Carry Forward and Recognize Revenue for Retired and Senior
Volunteer Program Fund (116), RSVP Item #1.
5) Appropriate Carry Forward and Recognize Revenue for Retired and Senior
Volunteers Program Fund (116), RSVP Item #2.
February 9, 1999
E. COUNTY ADMINISTRATOR
1 ) Approval of Budget Amendment Report
BA's 99-130; 99-139; and 99-141
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1 ) Accept an Article V Trust Fund Grant-In-Aid of $19,496 from the Office of the State
Court Administrator, and Authorize Chairwoman to sign the Agreement.
I. COUNTY ATTORNEY
1 ) Recommendation that the Board of County Commissioners approve the Stipulated
Final Judgment relative to the easement acquisition on Parcel Nos. 140 and 840 in
the lawsuit entitled Collier County v. Ronald G. Bender and Michele d. Bender,
Trustees Under That Certain Declaration of Trust Dated the 17th day of May, 199I,
et al., Case No. 98-1394-CA (Livingston Road Extension, Golden Gate Parkway to
Radio Road)
Staff to deposit the sum of $6,156.00 into the Registry of the Court
2) Recommendation that the Board of County Commissioners approve the Stipulated
Final Judgment relative to the easement acquisition on Parcel No. 515 in the lawsuit
entitled Collier County v. David R. Clemens and Lucille C Clemens, et al., Case No.
98-1393-CA (Livingston Road Extension, Golden Gate Parkway to Radio Road)
Staff to deposit the sum o1540.00 into the Registry of the Court
3) Recommendation that the Board of County Commissioners approve the Stipulated
Order of Taking and Final Judgment as to Respondents, John A. Pulling, Jr., Lucy
Gail Finch, and John A. Pulling, Sr. relative to the easement acquisition on Parcel
Nos. 111, 112, 612, 711,712A, 712B, 811A and 811B in the lawsuit entitled Collier
County v. John A. Pulling, Jr., et al., Case No. 98-1674-CA (Airport-Pulling Road 6-
Laning Project - Pine Ridge Road to Vanderbilt Beach Road).
Staff to deposit the sum of $209,085.25 into the Registry of the Court
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. Petition R-98-2, Mario Curlale requesting to change the zoning classification of a property
from "A" agricultural to "C-5" heavy commercial district. The subject property is located on
8
February 9, 1999
the north side of Tamiami Trail East approximately 2000 feet east of C.R. 951 in Section 3,
Township 51 South, Range 26 East, Collier County, Florida. This site consists of 3.35 acres.
Ord. 99-8
B. Petition CU-98-23, A. Glenn Simpson, requesting Conditional Use "1" of the "A" Rural
Agricultural zoning district for earthmining per Section 2.2.2.3 for property located at 7000
Big Island Ranch Road, in Section 25, Township 47 South, Range 27 East, Collier County,
Florida consisting of 105.32 +/- acres.
Res.99-111
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.