Recap 11/09/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Tuesday,
AGENDA
November 9, 1999
9~00 a.m.
NOTICEs 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.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING,
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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 CHAIRWOMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU
ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL,
NAPLES, FLORIDA, 34112, (941) 774-8380; 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 - Minister Art Holt, Unity of Naples Church
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November 9, 1999
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
Approved and/or Adopted with changes - 5/0
APPROVAL OF CONSENT AGENDA.
APPROVAL OF SUMMARY AGENDA.
APPROVAL OF REGULAR AGENDA.
APPROVAL OF MINUTES
Approved as presented - 5/0
ae
October 12, 1999 - Regular Meeting
October 14, 1999 - Emergency Meeting
October 20, 1999 - Special Meeting
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming Tuesday, November 16,
1999 as Neapolitan Civitan Day. To be accepted
by Mr. Sydney Fishman, Past International
President, Civitan International; Mr. Ronald
Estabrook, President, Neapolitan Civitan Club;
Mr. John Lawson, President Elect, Neapolitan
Civitan Club; and Ms. Corinne Hartfield,
Founding Member, Neapolitan Civitan Club
Adopted - 5/0
2)
Proclamation proclaiming the Month of November
as Collier County Adoption Month. To be
accepted by Ms. Theresa Iamurri, President,
Adoption Task Force of Southwest Florida
Adopted - 5/0
3)
Proclamation proclaiming November 21-27, 1999
as Farm-City Week. To be accepted by Mrs.
Liesa Priddy, Chairman, Farm-City Committee.
Adopted - 5/0
4)
Proclamation designating November 20, 1999 as
Free Day, State Park Recognition Day within
Collier County and proclaiming November 1999 be
celebrated as Florida State Parks month, voted
America's best. To be accepted by Greg
Toppin.
Adopted - 5/0
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November 9, 1999
Be
SERVICE AWARDS
Presented
COMMUNITY DEVELOPMENT
Janet Go, Pollution Control
Sonia Grafton, Building Review
10 Years
10 Years
EMERGENCY SERVICES
Maureen Matthews, EMS
5 Years
PUBLIC SERVICES
Clair Oss, Library
10 Years
PUBLIC WORKS
Stephen Nagy, Wastewater
Marc Frazzano, Wastewater
Michael Farrell, Transportation
15 Years
10 Years
10 Years
C. PRESENTATIONS
1)
Recommendation to recognize John Augustyn,
Plant Operator II, Water Department, as
Employee of the Month for November 1999.
Recognized
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A. COHMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request by Jeanine Novello representing the
Exceptional Student Education Office of Collier
County Public Schools for a waiver of the
application fee for a Temporary Use Permit.
Approved - 5/0
2)
Street name revision for Landfill Road to White
Lake Boulevard.
Res. 99-415 - Adopted 5/0
3)
To present the Bayshore/Gateway Triangle
Redevelopment Plan prepared by Landers-Atkins
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November 9, 1999
Added
Added
Added
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4)
Planners Inc. and to direct staff to begin
implementation of the plan.
Approved - 5/0
Proposed Legislation for administration of
telecommunications flat tax at state level.
Presented - Board indicated opposition to
proposed legislation - (Consensus)
5)
Reconsideration of Lionel Train Museum
Motion to reconsider Failed - 2/3
(Commissioners Norris, Constantine and Berry
opposed)
PUBLIC WORKS
1)
Report on additional Landscaping Improvements
for the recently completed Davis Boulevard
Phase II Beautification Project (Airport-
Pulling Road to County Barn Road), Project No.
60013.
Staff to provide additional information at
12/14/99 meeting - (Consensus)
2)
Request approval to waive landfill disposal
fees for construction debris from the "Build a
Home for George Project" in Immokalee.
Approved - 5/0
PUBLIC SERVICES
1)
Review options relating to lease between
Collier County and the Gulf Coast Skimmers
Water Ski Show, Inc. (GCS), including possible
shared use of Lake Avalon and other leased
facilities by two factions within GCS,
suspension of Lessee's operations, or
termination of the lease agreement.
Withdrawn based upon resolution of Case #99-
880CA and agreement that Southern Extreme
agrees not to sue Gulf Coast Skimmers regarding
suspension of use of Lake Avalon - 5/0
2)
Approval of a personal grant from the Friends
of the Library to institute a formal literacy
program within the Collier County Public
Library system.
Approved - 5/0
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November 9, 1999
D. SUPPORT SERVICES
Moved from Item #16D2
1) Approval of Robey-Barber Insurance Services,
Inc. as the County's Group Health Claims
Administration Company
Approved 5/0
E. COUNTY ADMINISTRATOR
1)
Adoption of Policies and Organizational Changes
to enhance the efficiency of future road
projects.
Res. 99-418 defining cross-sectional elements
for a roadway and it's ROW width; add a
transportation agent position~ and add an
attorney to focus exclusively on eminant domain
cases 5/0
2)
Request to enhance vacation time to promote
longevity and employee retention.
Approved Option I as recommended by staff - 5/0
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
A®
County Administrator's Evaluation.
Presented
Be
Appointment of member to the Affordable Housing
Commission.
Res. 99-416 appointing Larry Mullins - Adopted 5/0
Ce
Appointment of members to the County Government
Productivity Committee.
Res. 99-417 appointing James R. Gibson, Jr. and
Beverly Edwards - Adopted 5/0
De
Discussion and possible direction regarding the
Immokalee Road design and water quality swale.
(Commissioner Mac'Kie)
Discussed
Added
E.
Benefit concert to collect food for those in need
during the holidays.
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November 9, 1999
Approved- 5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
Withdrawn at Request of Petitioner
1) Petition PUD 98-16(1) David R. Underhill, Jr.,
P.E., of Banks Engineering, Inc., representing
U.S. Home Corporation, requesting a rezone from
"PUD" to "PUD" known as Cedar Hammock PUD for
the purpose of amending the PUD document having
the effect of revising the roadway cross
sections and applicable text of the PUD
document to substitute two, four foot wide bike
lanes for a required five foot wide sidewalk on
one side of Cedar Hammock Boulevard, a local
street and to allow sidewalks required on both
sides of a local street to be placed on one
side of Cedar Hammock Boulevard, for property
located south of Davis Boulevard and west of
C.R. 951, in Section 3, Township 50 South, Range
25 East, Collier County, Florida, consisting of
418+/-acres.
2)
Petition PUD 99-12, Mr. Michael R. Fernandez of
Planning Development, Inc., representing Marian
H. Gerace, Trustee, requesting a rezone from
UA" Agricultural to "PUD" Planned Unit
Development to be known as Banyan Woods PUD
allowing for 342 dwelling units and conditional
uses for a church and/or assisted living
facility (ALF) for property located on the east
side of Airport Pulling Road (C.R. 31) and
south of the Carillon PUD, in Section 13,
Township 49 South, Range 25 East, Collier
County, Florida, Florida consisting of 48.87
acres more or less.
Tabled to later in the meeting. Motion
withdrawn. Petition withdrawn at request of
Petitioner
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November 9, 1999
13.
C. OTHER
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1)
Petition CU-99-08, Emilio J. Robau, PE, of RWA,
Inc., representing Jassy Real Estate
Investments, Inc., requesting conditional use
"17" of the "A" zoning district for a golf
course in Section 24, Township 50 South, Range
27 East, Collier County, Florida, consisting of
313.56+/- acres.
Res. 99-419 - Adopted 5/0
2)
Petition CU 99-16, R. Bruce Anderson
representing SR 846 Land Trust, requesting the
approval of a conditional use for an earth
mining activity on a parcel of land zoned UA"
Agricultural located on the west side of
Immokalee Road approximately 1.5 miles north of
the County fair grounds and further described
as Sections 1 and 2, Township 48 South, Range
27 East and Sections 35 and 36, Township 47
South, Range 27 East, Collier County Florida.
This parcel consists of approximately 2,564
acres.
Res. 99-420 - Adopted 4/1 (Commissioner Berry
opposed)
B. OTHER
STAFF'S COM/(UNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
ao
Executive Session to be held at the conclusion of
the meeting in the BCC's conference room.
16.
CONSENT AGENDA - Ail 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, with the
exception of Item #16B13 - 4/1 (Commissioner Constantine
opposed)
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November 9, 1999
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Petition C-99-10, Terry Wolfson, President,
Collier County Agricultural Fair and
Exposition, Inc., requesting a permit to
conduct the annual Collier County Agricultural
Fair on January 7 through 15, 2000, at the
Collier County Fair Grounds located on
Immokalee Road (SR-846) North Golden Gate.
Carnival Permit 99-10
PUBLIC WORKS
1)
Approve Change Order related to the Reclaimed
Water Back Pressure Sustaining Valves Project,
Contract 98-2874, Project 74020.
With Mitchell & Starke Construction Co., Inc.
in the amount of $30,645.00
2)
Approve a Budget Amendment to transfer funds to
cover Construction Management and Inspection in
fiscal year 2000 for the Proposed Pathway on
U.S. 41. Project #61009.
3)
Recommendation that the Board of County
Commissioners approve the staff selection of
firms, authorize staff to negotiate Agreements
with firms for the Fixed Term Material Testing
Services (RFP 99-2962) and extend the existing
Agreement (RFP 95-2388) for sixty days.
As outlined in the Executive Summary
4)
Approve Professional Services Agreement with
Tilden Lobnitz Cooper, Inc. and Anchor
Engineering Consultants, Inc. for the Fixed
Term Mechanical/Electrical Engineering Services
(RFP #99-2929).
5)
Approve Amendment to Work Order TLC-ME-98-2, to
provide additional Engineering Services for
Master Pumping Stations Motor Control
Renovations, Project 73044.
With Tilden Lobnitz Cooper, Inc. in the amount
of $3,000
6)
Accept a Utility Easement for irrigation
facilities for the beautification of the
Immokalee Road median.
7)
That the Board of County Commissioners (BCC)
direct staff to initiate Amendment of the
County-Wide Lighting District Ordinance for the
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November 9, 1999
purpose of providing street lighting in certain
areas of Collier County.
Staff to schedule public hearing for December
14, 1999 to consider amending Ord. #72-1, as
amended.
8)
Approval of a Budget Amendment in the Clam Bay
Restoration Fund.
9)
Approve Work Order Amendment #WMBP-FT-99-03-A01
for Fixed Term Professional Engineering
Services related to the Signalization Design of
Livingston Road (Radio Road to Golden Gate
Parkway).
With Wilson, Miller, Inc. in the amount of
$18,904.42
Continued to 11/23/99
10) Approve Change Order No. 1 (C) (Final) to
Contract No. 97-2771, Removal of Non-
Specification Material from the Naples Beach.
11)
Rejection of Bid 98-2851 for purchase of
chemicals for Odor and Hydrogen Sulfide
Control.
With approval to purchase Bioxide from U.S.
Filer as a sole source for Hydrogen Sulfide and
odor control for the Wastewater Collection
system
12)
Recommendation to execute the Notices of Claim
of Lien for the enforcement of the Notice To
Pay Sewer Impact Fee for certain properties
located in the former Rookery Bay Sewer Service
Area.
13)
Approve an Agreement to purchase a Wind Based
Odor Control System for the Naples Landfill and
authorize the Chairwoman to sign the Agreement.
In the amount of $248,880.00 with a buy-back
clause
(Commissioner Constantine opposed)
C. PUBLIC SERVICES
1) This item has been deleted.
2)
Approve an agreement for sale and purchase for
additional property needed to complete the
future North Naples Regional Park.
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November 9, 1999
With William Donovan & Patricia Anne Granados
(f/k/a Patricia Anne Donovan)
3)
Approval of additions to agreements and run-
time Library use License Agreement between Data
Research Associates, Inc. and Collier County
Board of County Commissioners.
This item has been deleted.
5)
Approve a budget amendment for the purchase of
the Roberts Ranch property.
6)
Approve a budget amendment to fund construction
of a neighborhood park.
In the amount of $95,000
7)
Approve a resolution establishing policies and
procedures for indigent burials and cremation
and direct staff to negotiate an agreement with
willing area funeral homes.
Res. 99-408
D. SUPPORT SERVICES
1)
Authorization of Work Order VL-00-1 Under the
County's Annual Architectural Contracts for
Victor J. Latavish, AIA to Design a Satellite
Building at the Golden Gate Government Center
Complex.
Moved to Item #8D1
2) Approval of Robey-Barber Insurance Services,
Inc. as the County's Group Health Claims
Administration Company.
3)
Approve a Budget Amendment for Accessibility
(ADA) Requirements for the Fourth Floor of the
Courthouse and to Provide a "High Technology
Courtroom".
As described in the Executive Summary and
change order authority not to exceed the
project cost center
E. COUNTY ADMINISTRATOR
1)
Budget Amendment Report - Budget Amendment #00-
023; #00-024; #00-038; #00-037.
F. BOARD OF COUNTY COMMISSIONERS
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November 9, 1999
G. EMERGENCY SERVICES
H. MISCELLANEOUS CORRESPONDENCE
1)
Miscellaneous items to file for record with
action as directed
I. OTHER CONSTITUTIONAL OFFICERS
l)
A Resolution authorizing the borrowing of an
amount not to exceed $3,060,000 from the pooled
commercial paper loan program to construct a
Domestic Animal Services facility.
Res. 99-409
J. COUNTY ATTORNEY
1)
A Resolution authorizing as a valid public
purpose, expenditures of funds for County
Commissioners to attend functions of fraternal,
business, environmental, educational,
charitable, social, professional, trade,
homeowners, ethnic, and civic associations /
organizations.
Res. 99-410
2)
To provide a legal defense for a county
employee pursuant to Collier County Resolution
No. 95-632.
K. 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.
Continued to 12/14/99
A. Approval of an Ordinance amending Ordinance Number
99-46 (The Land Development Code) to correct a
scriveners error due to the omission of an amendment
to facilitate the administrative approval of
preliminary subdivision plats heard and approved at
November 9, 1999
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a Public Hearing on June 16, 1999.
Petition PUD 95-12(1), Mr. Robert Duane, AICP, of
Hole, Montes & Associates, Inc., representing the
First Baptist Church of Naples, requesting an
amendment to a previously approved "PUD" namely the
First Baptist Church of Naples PUD for the purpose
of increasing the maximum building height and to add
a museum as an accessory use for property located on
the west side of Livingston Road and the east end of
Orange Blossom Drive in Section 1, Township 49
South, Range 25 East, Collier County, Florida.
Ord. 99-78
Petition CU 99-24, Jerry Neal of Purse Associates
Inc., representing Capri Christian Church, Inc.
requesting approval of a conditional use for the
expansion of an existing church located at the
corner Capri Boulevard and Hilo Drive on Isles of
Capri.
Res. 99-~11
Petition V-99-17, Ana L. Aleman, representing Irais
and Nancy Pando, requesting an after-the-fact
variance of 5 feet from the required side yard
setback of 30 feet to 25 feet for property located
at 4860 Sycamore Drive, further described as the
east half of Tract 120, Unit 34, Golden Gate
Estates, Collier County, Florida.
Res. 99-412
Petition V 99-18, Jim Titsch, of Titsch & Associates
Architects, representing Freeland & Schuh, Inc.,
requesting a 10-foot front yard variance to 15 feet
from the required 25-foot front yard setback for
property located at 1229 Airport-Pulling Road, known
as Freeland Nissan Automotive Dealership in Section
36, Township 49 South, Range 25 East, Collier
County, Florida.
Res. 99-413
Petition VAC 99-13 to vacate a 10' wide drainage
easement on Lot 5, according to the plat of
"Bayfront Gardens", as recorded in plat book 14,
pages 114 through 117, Public Records of Collier
County, Florida and to accept a 10' wide drainage
easement as a replacement easement on said Lot 5,
located in Section 6, Township 48 South, Range 25
East.
Res. 99-414
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November 9, 1999
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE
MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383.
AN EXECUTIVE SESSION TO DISCUSS COLLECTIVE BARGAINING ISSUES
WILL BE HELD I~I~EDIATELY FOLLOWING THE REGULAR BOARD MEETING.
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November 9, 1999