Recap 03/23/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 23, 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 CHAIRWOMAN.
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 George Lockhart, First Baptist
Church of Golden Gate
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or adopted with 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
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March 23, 1999
A. February 23, 1999 - Regular meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming week of March 28 -
April 3, 1999 be designated as Diversity Week.
To be accepted by Ms. Hope Brophy, Chair of
Naples Branch of the American Association of
University Women's Diversity Committee
Adopted - 5/0
2) Proclamation proclaiming week of March 21-27,
1999 be designated as Master Gardener
Appreciation Week in Collier County. To be
accepted by Ms. Naida Eisenbud, Mr. Earl
Garrett, Mr. Elmer Hahn and Mr. Tom Porter,
Master Gardeners, Collier County/University of
Florida Extension
Adopted - 5/0
3) Proclamation proclaiming the month of April as
Focus on Education Month. To be accepted by
Ms. Carol Conway, Co-Chair of EDC Economic
Foundations Committee. Also, present are
representatives from the collier County Public
Schools, Naples Area Chamber of Commerce,
Collier County Education Foundation and Junior
Achievement
Adopted - 5/0
B. SERVICE AWARDS
Presented
1) Diane Day-Deoss, DOR - 10 years
2) Scott Conley, Water - 5 years
3) Isaac Dennis, Road and Bridge - 5 years
4} John Drury, Airport Authority - 5 years
5) John Jones, Library - 5 years
6) Bart Sanders, Water - 5 years
7) Saint Saintil, Road and Bridge - 5 years
C. PRESENTATIONS
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
Continued to April 13, 1999
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March23~]999
1) To present the Certificate of Achievement for
Excellence in Financial Reporting to the Board
of County Commissioners for the Fiscal Year
ended September 30, 1997.
Continued to April 13, 1999
2) To present to the Board of County Commissioners
the Comprehensive Annual Financial Report for
the Fiscal Year ended September 30, 1998.
7. PUBLIC PETITIONS
A. Joy Lelonek, Executive Director of the United Arts
Council of Collier County requesting financial
support.
No Action
Move to Item #16 I1
B. Request to adopt a Resolution declaring a need for
an educational facilities authority to function in
Collier County, Florida; authorizing the authority
to transact business and exercise powers under the
act; designating and approving the members thereof;
providing an effective date.
8. COUNTY ADMINISTRATOR'S REPORT
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Connie D. Stegall-Fullmer, representing
Goodland Civic Association, requesting a waiver
of Temporary Use Permit fee for an event held
on March 6 and 7, 1999, on Goodland, Collier
County, Florida.
Approved - 5/0
Added
2) Final acceptance of water facilities acceptance
for 951 mini storage (Staff's Request)
Approved - 5/0
Added
3) Request to approve for recording the final plat
of Longshore Lake Unit Four and approval of the
Performance Security (Staff's Request)
Approved subject to construction and maintenance
agreement, letter of credit and stipulation -5/0
Added
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March 23, 1999
4) Request to approve for recording the Final Plat
of Longshore LakeUnit 5-D and approval Of the
Performance Security (Staff's Request)
Approved subject to construction and
maintenance agreement, letter of credit and
stipulation -5/0
Added
5) Request to approve for recording the final Plat
of Longshore Lake Unit 5-C and approval of the
Performance Security (Staff's Request)
Approved subject to construction and
maintenance agreement, letter of credit and
stipulation -5/0
Added
6) Request to approve the Final Plat of
"Candlewood Three" (Staff's Request)
Approved subject to construction and
maintenance agreement and stipulations -5/0
Added
7) Request to approve for recording the Final Plat
of "Ashley Grove" (Staffs' Request)
Approved - 5/0
Added
8) Request to approve for recording the Final Plat
of "The Club Estates" and approval
of the Performance Security (Commissioner
Norris Request)
Approved - 5/0
Added
9) Establishment of AD HOC Committee, the purpose
of which is to review and revise
cjustering and Natural Resource Protection
standards for the proposed rural fringe area
and to develop an interim policy to be included
in a settlement agreement with the Department
of Community Affairs with respect to limiting
land uses in the rural Agricultural area
pending completion of a comprehensive strategic
plan for this area (Staff's Request)
Staff recommendation Approved and Resolution to
be brought back on April 13, 1999
B. PUBLIC WORKS
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March 23, 1999
C. PUBLIC SERVICES
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR
1) Presentation of Improved and Expanded "Collier
Serves" Program Initiative.
Presented by County Administrator Fernandez
2) Quarterly capital project status report.
Presented
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners
to settle the case of Evelyn Field v. Collier
County, Case No. 98-3183-CA-01, now pending in the
Circuit Court for the Twentieth Judicial Circuit,
Collier County, Florida for $39,750.00 plus payment
of Mediator's fees in an approximate amount of
$300.00.
Approved - 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Discussion regarding Sheriff's Office
operations/administration facilities (Commissioner
Constantine).
Option I Approved - 5/0~ Project on Horseshoe Drive
to be put on hold - 5/0
B. Appointment of members to the Hispanic Affairs
Advisory Board.
Resolution 99-181 Appointing Faye Reddick and Maria
Grimaldo - Adotpted - 5/0
C. Appointment of members to the Immokalee Enterprise
Zone Development Agency.
Resolution 99-182 Reappointing Maria De La Luz V.
Ortiz, John Kirchner, Ira Malamut, Floyd Crews, Jim
Penczykowski, Jerry Hubhart, and A1 Neuman -
Adopted 5/0
D. Appointment of members to the Tourist Development
Council.
Resolution 99-183 Appointing reappointing Gene
Vacarro and Jerry Thirion - Adopted 5/0
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March23~1999
E. Appointment of member to the Radio Road
Beautification Advisory Committee.
Resolution 99-184 Appointing Susan Saum - Adopted
5/0
F. Recommendation to declare a vacancy on the Golden
Gate Beautification Advisory Committee.
Resolution 99-185 Declaring a Vacancy -Adopted 5/0
G. Appointment of members to the County Government
Productivity Committee.
Res. 99-186 appointing Edward Ferguson, Wm. Ebben,
Charles Getlet, Sharon Hanlon and Donald Campbell -
Adopted - 5/0
H. Appointment of members to the Contractors Licensing
Board.
Res. 99-187 appointing Robert Laird - Adopted 5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) Request transfer of $2,982,100 from General
Fund Reserves to the Reserves of the Sheriff's
Office.
Approved (Consensus)
B. PUBLIC COMMENT ON GENERAL TOPICS
1). Ellie Krier re preparing homes for hurricane
processt and add-on items being available for
the general public.
2). Ty Agoston re Southern Golden Gate Estatest
agenda packetst and participation of the
general public during public comment section
of agenda.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12. ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
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March 23, 1999
Continued to a Future Date
1) CONTINUED FROM THE MEETING OF FEBRUARY 23,
1999. Petition PUD-82-16(1) Karen Bishop of
PMS, Inc. of Naples, representing Henry
Krehling, to rezone lands now zoned PUD to a
new PUD to comply with the sunsetting
provisions of the Land Development Code, and to
add commercial and light industrial uses to the
list of authorized uses and to update the PUD
Document and Master Plan to current land
development code requirements, for property
generally located southeast of the intersection
of U.S. 41 and Old U.S. 41, ~ mile east of U.S.
41 at the eastern terminus of Wiggins Pass
Road, in Section 15, Township 48 South, Range
26 East, Collier County, Florida.
Continued to a Future Date
2) CONTINUED (NO DATE) - ORIGINALLY CONTINUED FROM
THE MEETING OF FEBRUARY 23, 1999. Petition
PUD-98-13, R. Bruce Anderson of Young, van
Assenderp & Varnadoe, P.A., representing
Collier Development Corporation, requesting a
rezone for lands zoned ~A" Rural Agriculture
and ~PUD" Planned Unit Development ~PUD" to
"PUD" for a new ~PUD" Planned Unit Development
to be known as Collier Tract 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 111th Avenue and south of
the Cocohatchee River, in Section 21, Township
48 South, Range 25 East, Collier County,
Florida consisting of 267.44 +
C. OTHER
1) Direct staff to amend an Ordinance as it
relates to the Parks and Recreation Advisory
Board.
Ord. 99-24, accepting Option #1 - Adopted 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
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March 23, 1999
14. STAFF'S COMMUNICATIONS
County Administrator Fernandez - no payments received to
date from Marco for solid waste collection, transfer
station, FL Water and Sheriff's sub-station. County
Attorney to look into these issues and report back.
15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion regard Ethics (Commissioner Berry)
B. Discussion regarding Noise Ordinance (Commissioner
Carter) - County Attorney to review other
communities' noise ordinances and come back.
C. Commissioner Constantine re back up for items on the
agenda being received prior to the meeting.
D. Commissioner Constantine re the Board being informed
of tragedies of County employees.
E. Commissioners Mac'Kie and Berry re recent fires in
Golden Gate Estates.
F. Commissioner Mac'Kie re communication committees
with the Constitutional Officers and management of
the Cities.
G. Commissioner Carter re pay plan.
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 With exception
of Item 16A6
A. COMITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Resolution opposing House Bill 0925 and Senate
Bill 1352, relating to ratemaking provisions of
investor-owned water and wastewater utility
systems, before the 1999 regular session of the
Florida Legislature.
Res. 99-170
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March 23, 1999
2) Request to grant final acceptance of the
roadway, drainage, water and sewer improvements
for the final plat of "Quail West Phase III,
Block K. Lot 97"
Res. 99-171
3) Request to approve for recording the final plat
of "Creekside Commerce Park West - Unit Two"
and approval of the performance security.
With Construction and Maintenance Agreement,
Performance Bond and stipulations
4) This item has been deleted.
5) Authorization to award Bid #99-2912 ~White Lake
Corporate Park Infrastructure Improvements" and
authorize staff to initiate an agreement with
Harper Bros., Inc., of Ft. Myers, Florida.
6) Request to approve for recording the final plat
of Pebblebrooke Lakes Phase 3 and approval of
the performance security.
4/0 (Commissioner Mac'Kie abstained) With
Construction and Maintenance Agreement,
Performance Bond and Stipulation
7) Lien Resolutions - Code Enforcement Case Nos.
80720-120 - Tropicana Homes at Marco Inc.;
80722-057 - Luis Alfredo & Patricia Ann
Carvajal; 80813-047 - Flora Acosta; 80909-098 -
Daniel Liy
Res. 99-172~ Res. 99-173~ Res. 99-174~ and Res.
99-175
B. PUBLIC WORKS
1) Request approval to use funds from Waste Tire
Grant to provide safety play surface at
Everglades City Public Playground.
In an amount not to exceed $23,000.00
2) This item has been deleted.
3) Approve Budget Amendment recognizing carry
forward amounts from FY 98 for road projects in
funds 313,331, 333, 334, 336, 338, 339 & 340.
4) Approve an Agreement with Immokalee Disposal,
Inc. to continue providing recycling service
for multi-family residential units and
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March23,1999
authorize the Chairwoman to sign the Agreement.
For approximately 2,700 units at $.95 per unit
per month for a total annual amount of
$30,780.00
5) Award Bid #98-2880 for Backflow Services.
To Severn Trent Environmental Services, Inc.
6) Obtain Board approval to amend the Collier
County Reclaimed Water System Ordinance.
7) Approve the deletion of the Backdoor Service
Option from the Automated Solid Waste Curbside
Collection Program with the exception of cases
of medical necessity.
Franchise Agreement Modification
8) Award a Contract to Lighther Contracting, Inc.
for Bid No. 99-2915, Beach Maintenance
Activities.
9) Adopt a Resolution revising the eligibility for
membership on the Naples Beach
Renourishment/Maintenance Committee.
Res. 99-176
10) Authorize use of the Charlotte County
Trenchless Pipe Rehabilitation Bid No. 97-254.
Continued to April 13, 1999
11) Rescind the Award of a Contract to Allied
Trucking of Florida, Inc./C.B.E. Trucking
Company, Inc. for Bid No. 98-2900 and Award a
Contract to Douglas N. Higgins, Inc. for the
Transport and Placement of Beach Fill Material.
12) Approval to administratively adjust the non-ad
valorem assessment for Parcel Number 11 in the
Naples Production Park M.S.T.U.
In the amount of $24,683.17
13) Approve Amendment 7 to Professional Services
Agreement with Hole, Montes& Associates, Inc.
for engineering services related to
Improvements at the South County Water
Reclamation Facility, RFP 93-2121, Project
73916.
In the amount of $116,000.00
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March 23, 1999
14) Approve paving the limerock portion of Porter
Street in response to citizens' request.
Option #2 as referenced in the Executive
Summary~ and staff to implement the project
subject to receiving $17,721.t2 from the
benefiting property owners.
C. PUBLIC SERVICES
1) This item has been deleted.
2) Approval to fund the 4th of July Festival and
Fireworks Show.
In the amount of $25,000.00
3) Approve the purchase of playground equipment
for Eagle Lakes Community Park.
Purchase of equipment awarded to Dominica
Recreation Products, Inc. in the amount of
$75,000.00
4) Approval of two (2) Interlocal Fund Sharing
Agreements with the City of Naples and the City
of Everglades.
5) Approval of budget amendment recognizing an
additional $48,637 in State Aid to Libraries in
FY 99.
D. SUPPORT SERVICES
1) Add Asset #940024, a Ford Aerostar Van, to the
March 27, 1999 Auction List.
2) Award Bid 98-2903 for Laboratory Chemicals and
Supplies.
To VWR Scientific
3) Approval of a Contract between Collier County
and Community Health Partners.
4) Approval of a Budget Amendment to Property &
Casualty Insurance Program Fund.
5) Recommend to Award Bid #99-2913 for Contract
Printing.
Awarded on a proposal by proposal basis as
shown on Attachment "A. in the Executive
Summary
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March 23, 1999
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report - #99~171 & #99-182
Budget Amendments 99-171; 99-182; 99-183 and
99-185
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with
action as directed.
H. OTHER CONSTITUTIONAL OFFICERS
1) Request for approval for the purchase of
replacement desktop computer systems for the
Collier County Sheriff's Office from Dell
Computers under the terms and conditions of
State of Florida Contract ~250-040-99-1.
I. COUNTY ATTORNEY
Moved from Item #TB
1) Request to adopt a Resolution declaring a need
for an educational facilities authority to
function in Collier County, Florida;
authorizing the authority to transact business
and exercise powers under the act; designating
and approving the members thereof; providing an
effective date.
Res. 99-177
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 0SP-98-1, Dave Sneed of Kuhlman
Engineering, representing Azar Gallery, requesting
approval for 20 off-site parking spaces on Lot 26,
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~4arch 23~ ]999
and the west half of Lot 25, Block B, Naples Villas
to serve an existing commercial facility on Lot 1,
Block B, Naples Villas and which is located on the
northeast corner of Airport-Pulling Road (CR-31) and
Poinsettia Avenue, in Section 1, Township 50 South,
Range 25 East.
Res. 99-178
B. Petition V-99-1, Richard D. Yovanovich representing
Coastal Beverages LTD. requesting a 17.8 foot
variance from the required 50 foot front yard to
32.2 feet for the proposed expansion of a warehouse
complex approved in 1992. The subject property is
located at 4747 Progress Avenue in Section 36,
Township 49 South, Range 25 East, Collier County,
Florida.
Res. 99-179
C. Petition VAC 99-004 to vacate the 25' wide drainage
easement on Lot 4, the 25' wide drainage easement on
Lot 5 and the remaining 12' wide drainage easement
on Tract A, according to the Plat of ~Quail Creek
Plaza Phase 1" as recorded in Plat Book 15, Page 73,
Public Records of Collier County, located in Section
20, Township 48 South, Range 26 East.
Res. 99-180
D. Amend the Park Impact Fee Ordinance to eliminate the
collection of Community Park Impact Fees in the
Marco Island District.
Ord. 99-23
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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March 23, 1999