Recap 05/09/2000 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, May 9,
9:00 a.m.
20OO
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER
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
MANAGER 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.
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
COLLIERCOUNTY FACILITIES MANAGEMENTDEPARTMENT LOCATED AT 3301 EAST
TAMIAMITRAIL, NAPLES, FLORIDA, 34112,(941) 774-8380; ASSISTED LISTENING
DEVICESFOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY
COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1
May 9, 2000
INVOCATION - Father Tim Navin, St. Peter the Apostle Catholic Church.
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
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation proclaiming the week of May 13-20, 2000 as Rotary
International Group Study Exchange Week. To be accepted by Mr.
George Drobinski, Chairman, Group Study Exchange, Rotary District
6960, Naples, FL
Adopted - 5/0
2)
Proclamation proclaiming the week of May 6-12, 2000 as Nurses Week.
To be accepted by Mr. Jim Cato, Vice President and Chief Nurse
Executive, Naples Community Hospital; Ms. Carol McConn, Chief Nurse
Executive, Cleveland Clinic; Ms. Patti Butler, School Health Nurse, NCH
School Health; Ms. Terri Harder, Sr. Community Health Nurse, Health
Department, Collier County; Dr. Joyce Thornton, President, Florida
Nurses Association, District 29; Ms. Pam Behrens, Director of Nursing,
Manor Care and Mr. Roger Evans, OMC Manager, Collier County Health
Department
Adopted - 5/0
3)
Proclamation proclaiming the week of May 14-20, 2000 as Emergency
Medical Services Week. To be accepted by Chief Diane Flagg, Collier
County Emergency Medical Services Department
Adopted - 4/0 (Commissioner Carter inaudible}
4)
Proclamation proclaiming the week of May 7-13, 2000 as National
Tourism Week. To be accepted by Mr. Joseph Dinunzio, Chairman of
Tourism Alliance, Collier County
Adopted - 5/0
2
May 9,2000
5)
Proclamation regarding teen pregnancy.
Adopted - 4/1 (Commissioner Mac'Kie opposed)
SERVICE AWARDS
Presented
1)
2)
3)
4)
Pedro Pineiro-Ortiz, Parks & Recreation - 5 years
Shelly Goldie, Road and Bridge - 5 years
Keith Larson, GG Community Center- 5 years
Peggy Jarrell, Planning Services - 10 years
C. PRESENTATIONS
1)
Recommendation to recognize Sherry Long, Planning Tech II, Planning
Services Department, as Employee of the Month for May 2000.
Recognized
2)
A presentation by Sam Gorgoglione of the Collier County Senior Men's
Softball League to the Board of County Commissioners and Parks and
Recreation Maintenance crews at Vineyards and Veterans Community
Parks for their dedication and hard work.
Plaque presented
6. APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
Moved to Item #11A1:
1) Presentation by Dwight Brock regarding Impact Fees.
7. PUBLIC PETITIONS
Doug Schroeder, executive Director of the Cocohatchee Nature Center regarding
revisions to the Management Plan.
To be scheduled as a regular agenda item on May 23, 2000
8. COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Presentation of the Environmental Advisory Council's Annual Report.
Accepted
B. PUBLIC WORKS
3
May 9,2000
l)
Reappropriation of Tourist Development Tax funding for the Clam Pass
Inlet Management Project.
Approved - 510
Added:
2)
Discussion regarding Florida State Transportation Meeting to be held May
11,2000.
Res. 2000-137 requesting that the Florida Transportation
Commission support SW Florida Project Initiatives - Adopted 5/0
Moved from Item #16B4:
3) Approve the Notice for Recordation which stipulates that Collier County
has no maintenance responsibility for the existing sidewalk and landscape
improvements located on property south of Vanderbilt Beach Road at the
Market Place at Pelican Bay Plaza.
Tabled until later in the meeting; Staff recommendation to acquire
the easement by gift, purchase or condemnation approved - 5/0
C. PUBLIC SERVICES
1)
A report to the Board on the Recreation/Open Space Element of the
Collier County Growth Management Plan.
Approved - 5/0
Moved from Item #16C7:
2) Approval of an agreement with performers for the Summer Fest Rock and
Ride Night.
Approved - 5/0
D. SUPPORT SERVICES
E. COUNTY MANAGER
1)
Recommendation to approve Jo-Anne Varcoe-Leamer to the position of
Support Services Administrator.
Approved- 5/0
F. AIRPORT AUTHORITY
G. EMERGENCY SERVICES
Continued to May 23, 2000:
1) A settlement agreement and mutual release between the Board of County
Commissioners and Naples Community Hospital.
4
May 9, 2000
Added:
2)
Fund Transfer from Reserves for Contingencies for initial payment of
Merrit Boulevard Wildfire Operating Expenses. (Staff's Request)
Approved - 5/0
9. COUNTY ATTORNEY'S REPORT
10. BOARD OF COUNTY COMMISSIONERS
Brief overview by City of Naples Airport Authority regarding improvement project
along Airport Road. (Commissioner Constantine)
Report from Ron Pennington; Request for County 1/3 participation in tree
planting project approved - to be included in upcoming budget - 5/0
Appointment of a County Commissioner or a delegate to the Naples Airport
Authority Noise Compatibility Committee.
Res. 2000-135 - County Manager given authority to appoint a delegate
5/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #6A'i:
1) Presentation by Dwight Brock regarding Impact Fees.
Presented
B. PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS-BCC
A. COMPREHENSIVE PLAN AMENDMENTS
1)
Repeal Ordinance CPR-99-1, an Ordinance to rescind and repeal in its
entirety Collier County Ordinance No. 99-63, which had the effect of
rescinding certain EAR-based objectives and policies at issue in
Administration Commission Case No. ACC-99-02 (DOAH Case No. 98~
0324GM).
Ordinance 2000-25 Adopted - 5/0
2)
Rescission Ordinance, an Ordinance having the effect of rescinding
certain EAR-based objectives and policies at issue in Administration
5
May 9, 2000
3)
4)
Commission Case No. ACC. 99-02 (DOAH Case No. 98-0324GM), more
specifically portions of the Intergovernmental Coordination Element (Ord.
No. 97-56), Natural Groundwater Aquifer Recharge (Ord. 97-59) and
Drainage (Ord. No. 97-61) Sub-elements of the Public Facilities Element,
Housing Element (Ord. No. 97-63), Golden Gate Area Master Plan (Ord.
No. 97o64), Conservation and Coastal Management Element (Ord. No.
97-66), and the Future Land Use Element (Ord. No. 97-67) and the Future
Land Use Map (Ord. No. 97-67); and readopting Policy 2.2.3. of the
Golden Gate Area Master Plan.
Ordinance 2000-26 Adopted - 5/0
Remedial Amendment CPR-99-3, adopting Remedial Amendments to the
Collier County Growth Management Plan, as directed by the
Administration Commission in its June 22, 1999 Final Order in Case No.
ACC 99-02 (DOAH Case No. 98-0324GM) to the following elements:
Future Land Use, Public Facilities/Natural Groundwater Aquifer Recharge
Sub-Element, Public Facilities Element/Drainage Sub-Element, Housing,
Golden Gate Area Master Plan and Conservation & Coastal Management;
to vest certain properties rezoned in Activity Centers; and to correct
scrivener's errors and map references in the Golden Gate Area Master
Plan.
Ordinance 2000-27 Adopted - w/changes - 5/0
Recommendation that the Board of County Commissioners adopt a
resolution to approve the proposed Growth Management Plan
Amendment to the Future Land Use Element and Future Land Use Map to
establish the Bayshore/Gateway Triangle Redevelopment Oveday for
transmittal to the Department of Community Affairs.
Res. 2000-136 Adopted - 5/0
Adoption Public Hearing for the 1999 Growth Management Plan
Amendments:
a)
CP-99-01, James O'Gara - request to amend the Golden Gate
Area Master Plan, Golden Gate Office Commercial Subdistrict by
adding retail uses, increasing building heights to 35 feet and
providing vehicular access from a residential street.
Oral. 2000-28 Adopted - 5/0
b)
CP-99-02, John D. Jassey - request to amend the Golden Gate
Area Master Plan by re-naming the "CR - 951 Commercial In-Fill
Designation" to "Golden Gate Commercial In-Fill Designation";
changing the subject site from Residential Estates Subdistrict to
Golden Gate Commercial In-Fill Designation; and modifying this
Commercial In-Fill provision to allow certain commercial uses on
6
May 9, 2000
the subject site and to provide development standards specific to
this site.
Motion to approve - Failed 2/3 (Commissioners Berry, Norris
and Constantine opposed)
c)
CP-99-03, Centrefund Development Corporation - request to
amend the Golden Gate Area Master Plan by expanding the
Neighborhood Center at the Golden Gate and Wilson Boulevard
intersection, and including additional acreage in the southeast
quadrant of the same intersection, and to allow five acres of
commercial or conditional use development within the southeast
quadrant.
Ordinance 2000-29 Adopted - $10
d)
CP-99-04, John A. Pulling, Jr. and Lucy G. Finch - request to
amend the Future Land Use Element by adding a new Subdistrict
to be known as the "Orange Blossom Mixed-Use Subdistrict" for
specified lands located at the intersection of Airport-Pulling Road
and Orange Blossom Drive.
Ordinance 2000-30 Adopted w/stipulations 4/1 (Commissioner
Constantine opposed)
e)
CP-99-06, Capital Improvement Element - staff request to correct,
update, modify certain costs, revenue sources, supporting policies,
and the dates of construction of facilities enumerated in the Collier
County Growth Management Plan, Capital Improvement Element
for capital projects in fiscal years 1999/2000 through 2002/2003.
Ordinance 2000-31 Adopted as amended 5/0
f)
CP-99-07, Transportation Element- staff request to amend Table V,
the Collier County Transportation data base, and various
transportation maps; update lists and tables where appropriate;
incorporate by reference the Corridor Management Plan for the
Tamiami Trail Scenic Highway; incorporate by reference the Public
Transportation Development Plan; change the minimum standard
level of service on state facilities in rural areas from C to D; and
modify the definition of "significant impact".
Ordinance 2000-32 Adopted 510
g)
CP-99-08, Bonita Bay Properties - request to amend the plan text
for Activity Center #9 and amend the map entitled Activity Center
#9.
Ordinance 2000-33 Adopted 510
ZONING AMENDMENTS
7
May 9,2000
C. OTHER
1)
Adopt an Ordinance amending Ordinance No. 97-48, simplifying and
reducing water and sewer utility rates.
Ordinance 2000-34 Adopted w/changes 5/0
13. BOARD OF ZONING APPEALS
A. ADVERTISEDPUBLIC HEARINGS
Continued to May 23, 2000:
1) THIS ITEM WAS CONTINUED FROM THE APRIL 11, 2000 MEETING.
Petition A-99-04, Richard D. Yovanovich of Goodlette, Coleman and
Johnson, PA, representing Kensington Park Master Association and the
Yorktown Neighborhood Association, requesting an appeal of the
determination of the Collier County Planning Commission on November
21, 1999 that the changes to the Carillon PUD Master Plan by adding new
commercial building footprints were insubstantial.
2)
3)
4)
THIS ITEM HAS BEEN CONTINUED TO THE MAY 2.3, 2000 MEETING.
Petition CU-2000-01, Richard D. Yovanovich, Esq. of Goodlette, Coleman
& Johnson, PA, representing Barbara and Wilbur Crutchley requesting a
conditional use for a boat dock as a permitted principal use in the "RSF-4"
residential single family zoning district for a property located on the west
side of West Avenue and is further described as part of Lot 1, Block "E",
Little Hickory Shores Unit #2, in Bonita Springs.
THIS ITEM HAS BEEN CONTINUED TO THE MAY 23, 2000 MEETING.
Petition CU-2000-03, George L. Varnadoe, Esq., of Young, Van
Assenderp, Varnadoe & Anderson, P.A., representing La Playa LLC,
requesting Conditional Use "5" of the "RT" Resort Tourist Zoning District
for a private club per Section 2.2.8.3 for property known as the La Playa
Hotel and Beach Club, located on Gulfshore Boulevard, further described
as the Lots 25 through 30, inclusive, Block A, Unit No. 1, and Lots 24
through 28, inclusive, Block B, Unit No. 1, Conner's Vanderbilt Beach
Estates, in Section 29, Township 48 South, Range 25 East, Collier
County, Florida.
THIS ITEM HAS BEEN CONTINUED TO THE MAY 23, 2000 MEETING.
Petition V-2000-09, George L. Varnadoe, Esquire, of Young, Van
Assenderp, Varnadoe and Anderson, P.A., representing La Playa, LLC,
for a variance to the separation between building requirement from forty-
nine (49) feet to thirty-five (35) feet for property located at 9891 Gulfshore
Drive.
8
May 9, 2000
14.
15.
B. OTHER
STAFF'S COMMUNICATIONS
A. Clarification that Agenda Item #16B8 will include a Resolution.
B. Discussion re the results of the Stearns case.
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
A. Discussion re committee members reviewing the Comp Plan Amendments, who
may be suing the County.
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)
Second Amendment to the 1999 Tourism Agreement between Collier
County and the Tourism Alliance of Collier County regarding advertising
and promotion of the Collier County Airport Authority.
In the amount of $77,855
2)
Request to approve for recording the final plat of "Quail West Phase III,
Unit Two", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the Performance
Security.
With stipulations
B. PUBLIC WORKS
1)
Award Bid No. 00-3055 for the painting of aerial water, wastewater and
effluent lines.
Awarded to Seacot Painting Corporation, in the amount of $44,220
2)
Approve Change Order No. 1 (D) (Final) to Contract No. 97-2771,
Removal of Non-Specification Material from the Naples Beach.
With C.B.E. Trucking Co. Inc., in the amount of $115,263.48
3)
Approve Amendment No. 1 to the Professional Services Agreement with
WilsonMiller, Inc. for the Santa Barbara Extension Alignment Study,
9
May 9, 2000
Project ¢¢60091.
In the amount of $224,123
Moved to Item #8B3:
4) Approve the Notice for Recordation which stipulates that Collier County
has no maintenance responsibility for the existing sidewalk and landscape
improvements located on property south of Vanderbilt Beach Road at the
Market Place at Pelican Bay Plaza.
5) This item has been deleted.
6) This item has been deleted.
7)
Request Board of County Commissioners' confirmation of staff
recommendation not to install a "multi-way stop" at Glades Boulevard and
Lakewood Boulevard.
s)
Request that the Board of County Commissioners reduce the Exotic
Vegetation Removal Requirement in Resolution 99-168 and Vegetation
Removal Permit VRP-99-5 to limit the removal of exotics to the
construction area which would limit the requirement as it relates to the
removal of nine Australian Pines along the Pelican Bay Beach.
Res. 2000-131
C. PUBLIC SERVICES
1)
A request for a permit to conduct three separate carnivals hosted by the
Parks and Recreation Department.
CP 2000-07 for Summerlest; CP 2000-08 for Country Jambode; and
CP 2000-09 for Snowlest; waive application fees and surety bonds
2)
Approve budget amendment to recognize revenue.
$2,000 donation for the purchase of a memorial bench at Vanderbilt
Beach Park
3) This item has been deleted.
4)
Approve and execute an agreement to provide the Parks and Recreation
Department $50,000 from the GAC Land Trust to purchase fitness
equipment for the new community center at Max A. Hasse Community
Park.
5)
Approve an agreement for sale and purchase to allow for a neighborhood
park within the residential community known as Livingston Woods.
With Robert C. Otteman for 2.73 _+ acres; waive the requirement for
1o
May 9, 2000
an appraisal pursuant to Florida Statute 125.355(b)
6)
Authorize staff to conduct a teen concert not previously budgeted and
approve the necessary budget amendments.
During Summerfest "Rock and Ride Night"; in conjunction with the
Anti-Tobacco Coalition
Moved to Item #8C2:
7) Approval of an agreement with performers for the Summer Fest Rock and
Ride Night.
D. SUPPORT SERVICES
1) This item has been deleted.
2)
Approve Contract Amendment Number One for RFP 97-2675 "Pre-
Employment Physicals and Drug Testing,"
With Community Health Partners
3)
Approval of a Budget Amendment for emergency and unanticipated
expenditures for building maintenance.
E. COUNTY MANAGER
1)
Approval of Budget Amendment Report - Budget Amendment #00-224;
#00-227.
F. BOARD OF COUNTY COMMISSIONERS
G. EMERGENCY SERVICES
1)
Award construction contract, Bid #00-3056, to F & D Construction Inc., for
the new EMS-17 Facility located in Golden Gate Estates.
In the amount of $593,903
2)
Approve a budget amendment to transfer funds from General Fund
Reserves Helicopter Engine Reserve Fund for an engine overhaul.
In the amount of $52,144
3)
Agreement approval and adoption of resolution authorizing the
acceptance of said agreement between the State of Florida, Department
of Community Affairs and Collier County, Florida for funds to be used for
the retrofitting of storm shelters.
Res. 2000-132 - Agreement #00-EO-C9-13-00-22-018 increasing the
Emergency Management Grant Fund by $26,500 for window
11
May 9,2000
protection at Pine Ridge Middle and Village Oaks Elementary
Schools
H. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1)
Request transfer of $820,300 from reserves for contingencies to the
Sheriffs Office Operating Fund.
For implementation of pay plan adjustments
J. COUNTY ATTORNEY
1)
Recommendation to approve a Consultant Services Agreement with
George Archibald as technical engineer to assist the County relating to
County's property acquisition interests including eminent domain
proceedings for pending and future road projects.
At the discounted rate of $85 per hour for non-trial work and $125
per hour for all trial work.
2)
Recommendation to approve a budget amendment in the amount of
$50,000 for outside counsel and professional services for pursuit of
County's claims, rights relating to the 1995-96 beach restoration project.
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.
To Adopt a Resolution Approving Amendments to the Fiscal Year 1999-00
Adopted Budget.
BAR 2000-02
Petition VAC 98-008 to vacate a portion of Highland Drive as shown on the Plat
of Pineland-On-The-Trail as recorded in Plat Book 3, Page 60, of the Public
12
May 9, 2000
Records of Collier County, Florida and to accept a County utility easement over
existing County facilities.
Res. 2000-133
Petition V-2000-03, Miles L. Scofield, representing George C. Kellogg,
requesting a 5-foot variance to the required 7.5-foot west side yard setback to
2.5 feet for property located at 242 Barefoot Beach, further described as Lot 10,
Bayfront Gardens, in Section 6, Township 48 South, Range 25 East, Collier
County, Florida.
Res. 2000-134
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 774-8383.
13
May 9, 2000