Recap 04/27/1999 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, April 27, 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.
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.
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 - Pastor Dwight Powell, New Hope Ministries
2. PLEDGE OF ALLEGIANCE
3. APPROVAL OF AGENDAS
Approved and/or adopted with changes 4/0 (Commissioner Norris absent as
reflected by 4/0 votes)
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April 27, 1999
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OF REGULAR AGENDA.
4. APPROVAL OF MINUTES
Approved as presented - 4/0
A. April 2, 1999 - Emergency meeting.
5. PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1) Proclamation proclaiming week of May 2-8, 1999 as Be Kind to
Animals Week. To be accepted by Mr. Terry Tilley, Executive
Director, Human Society of Collier County and Ms. Jodi Morelock,
Director, Domestic Animal Services
Adopted - 4/0
2) Proclamation proclaiming the week of April 26-30, 1999 as Volunteer
Services for Animals Week. To be accepted by Ms. Melanie Fields
and Ms. Gisela Rowley, Domestic Animal Services, Collier County
Adopted - 4/0
3) Proclamation proclaiming Saturday, May 1, 1999 as Paint Your Heart
Out Day. To be accepted by Mr. John Schallert, President, Painting
and Decorating Contractors Association; Mr. Whit Ward, Executive
Director, Collier Building Industry Association; Mr. Bill Brigham,
Board Member, Collier County Banking Partnership/Busey Bank; and
Judge Franklin G. Baker, Circuit Judge, Collier County
Adopted - 4/0
4) Proclamation proclaiming the month of May as Teen Pregnancy
Prevention Awareness Month. To be accepted by Ms. Jodi Bisogno,
Teen Pregnancy Coordinator, Collier County Teen Pregnancy
Prevention Community Initiative
Adopted - 3/0 (Commissioner Constantine out)
5) Proclamation proclaiming May 1, 1999 as Law Day U.S.A. To be
accepted by Mr. J. Michael Coleman, President of Collier County Bar
Association
Adopted - 4/0
6) Proclamation proclaiming the month of April, 1999 as Conservancy
Volunteer Month. To be accepted by Ms. Sharon Truluck, Human
Resources Director, The Conservancy of Southwest Florida
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April 27, 1999
Adopted - 4/0
7) Proclamation proclaiming the week of May 2-8, 1999 as National
Tourism Week. To be accepted by Mr. George Percel and Mr. Joe
Dinunzio, Co-Chairmen of Tourism Alliance
Adopted - 4/0
8) Proclamation proclaiming Hispanic Heritage Day in Collier County.
Adopted - 4/0
B. SERVICE AWARDS
Presented
1) Gail Watson, Library - 20 Years
2) Pat Lehnhard, Budget - 15 Years
3) Phil Cramer, Water - 15 Years
4) Warren keyes, Road and Bridge - 15 Years
5) Louise J. Bergeron, Library - 10 Years
6) Ron Holder, Facilities Mgmt. - 5 Years
7) Robert Wheeler, Water Dept. - 5 Years (Not Presented)
C. PRESENTATIONS
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) CONTINUED FROM THE 4/13/99 MEETING: Accept the 1999
Standard Tourism Agreement between Collier County and the Naples
Area Chamber of Commerce.
Approved 3/1 - (Commissioner Constantine opposed)
2) CONTINUED FROM THE 4/13/99 MEETING: Accept the first
amendment to the 1998 Tourism Agreement between Collier County
and the Tourism Alliance of Collier County.
Approved - 4/0
B. PUBLIC WORKS
1) CONTINUED FROM THE 4/13/99 MEETING- Approve an
Agreement between the County and U.S. Home Corporation (USHC)
for Median Landscape Improvements on CR 951 adjacent to Naples
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April 27, 1999
Heritage Golf and County Club CNHGCC).
Approved - 4/0
2) Recommendation for a Speed Limit Reduction from fifty-five miles
per hour (55 MPH) to forty-five miles per hour (MPH) on Vanderbilt
Beach Road (C.R. 862) from Oaks Boulevard easterly for a distance of
one and one-half (1-1/2) miles.
Resolution 99-219 - Adopted 4/0
3) Considerations regarding additional T-Groin Construction along
Big Marco Pass and the dredging of the entrance to Collier Bay.
Staff recommendation to go back to the Beach Renourishment
Committee - Approved 4/0
4) Adopt Three (3) Resolutions authorizing the Acquisition by Gift,
Purchase or Condemnation of Fee Simple Title Interests and/or
Perpetual, Non-exclusive, Road Right-of-Way, Sidewalk, Utility,
Drainage, Maintenance and Temporary Driveway Restoration Interests
by Easement for the construction of the Four Lane Improvements for
Golden Gate Boulevard between C.R. 951 and Wilson Boulevard, CIE
No. 62.
Resolutions 99-220, 99-221, 99-222 - Adopted 4/0
C. PUBLIC SERVICES
Continued to May 11, 1999
1 ) Review of documents necessary to create a Collier County Community
Health Care Committee.
D. SUPPORT SERVICES
E. COUNTY ADMINISTRATOR.
1) Presentation of the "Organization Climate Survey" Initiative
County Administrator's recommendation Approved - 3/1
(Commissioner Constantine opposed)
2) Board Authorization to prepare and advertise an Ordinance to
Reimpose and Extend the Six Cent Local Option Fuel Tax and
negotiate an Interlocal Agreement with the City of Naples in order to
provide a formula for the distribution of the proceeds of such tax.
Staff recommendation approved - 4/0
Added
3) Request to authorize the chairwoman to sign a letter to Jana Walling in
response to the Sheriffs letter of April 22, 1999 - Appeal of Sheriffs
Budget for Fiscal Year 1998-1999. (County Administrator's Request).
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April 27, 1999
Approved - 4/0
F. AIRPORT AUTHORITY
9. COUNTY ATTORNEY'S REPORT
A. Recommendation to settle personal injury claim ofClabel Julien for $23,500
plus fees associated with mediation (approximately $450) and
recommendation to settle personal injury claim of Celeste Boliva for $39,250
plus fees associated with mediation (approximately $450).
Approved - 4/0
B. Invitation by the Board of County Commissioners to elected government
officials in Collier County to adopt additional and more stringent ethical
standards of conduct.
Consensus
Added
C. Request for Board direction pertaining to Collier County V. Barron Collier
Partnership, Case No. 99-362-CA (Writ of Assistance/Site L/Landfill Site
Acquisition Project). (County Attorney)
Drop Site L as an ongoing !andfill site acquisition project - 3/1
(Commissioner Constantine opposed).
10. BOARD OF COUNTY COMMISSIONERS
Continued to May 11, 1999
A. CONTINUED FROM 4/13/99 MEETING: Appointment of members to the
Health Facilities Authority.
B. A Resolution of the Board of County Commissioners of Collier County,
Florida, opposing Section (6) of CS/SB940 (Senate Bill 940) filed with the
Florida Legislature which would limit home rule authority of local
government to regulate outdoor advertising signs located adjacent to any part
of the state highway system, in their geographical boundaries.
Res. 99-223 Adopted - 4/0
C. Request to waive entrance fees for the Silver Slam Tarpon Tournament
(Commissioner Carter.)
Fees Waived - 4/0
Added
D. Discussion of City of Naples concerns regarding rocks on the Beach.
(Commissioner Mac'Kie)
Public Works Administrator I!schner to make presentation to the City of
Naples (Consensus)
Added
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April 27, 1999
E. Discussion regarding the appointment of David Guggenheim to the
Comprehensive Plan standards AD HOC Committee. (Commissioner Carter)
Res. 99-224 Appointing David Guggenheim - Adopted - 4/0
11. OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
1) Agreement for election services with the City of Naples.
Approved - 4/0
2) Recommendation to approve the COPS Universal Hiring Program
Additional Officer Request Form.
Approved - 4/0
B. PUBLIC COMMENT ON GENERAL TOPICS
1) David Shealey re tourist money
2) Ty Agoston re state agencies land acquisitions
PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS
12. ADVERTISED PUBLIC HEAR/NGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
B. ZONING AMENDMENTS
1) PUD-83-26(2) Robert Duane of Hole, Monies & Associates, Inc.,
representing Olde Cypress development Ltd., a Florida Limited
Partnership, requesting a rezone from PUD to PUD having the effect
of amending the Woodlands PUD for the purposes of renaming the
PUD from The Woodlands PUD to the Olde Cypress PUD, adding
permitted uses of personal storage facilities and motels/hotels and
revising certain development standards for property located on the
north side oflmmokalee Road (C.R. 846), east ifi-75, in Section 21,
Township 48 South, Range 26 East, Collier County, Florida,
consisting of 500+ acres.
Ord. 99-27 - Adopted with changes 4/0
2) THIS ITEM HAS BEEN CONTINUED INDEFINITELY. R-99-
01, Geoffrey G. Purse of Purse Associates, Inc., representing Sunset
Harbor Club, requesting a rezone from C-4 to RMF-12(8) for property
located on U.S. 41 East at the northwest comer of Port-of-the-Islands
Phase One (Sunset Cay) in Section 9, Township 52 South, Range 28
East, Collier County, Florida, consisting of 6.85+ acres.
Continued to May 11, 1999
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April 27, 1999
3) PUD-93-01(4), George L. Varnadoe of Young, van Assenderp &
Varnadoe, P.A. representing WCI Communities L.P. for an
amendment to the Pelican Marsh PUD for the purposes of adding
specific regulations for boundary and project signage; making
provisions for fifty (50) special residential dwelling that may function
as rental units in conjunction with the hotel or golf course; and
revising the authorized mount of commercial development in the
activity center district for property bordered on the west by Tamiami
Trail North (U.S. 41), on the east by the future Livingston Road, and
on the south by Vanderbilt Beach Road in sections 25,27,34,35, and
36, Township 48 South, Range 25 East, Collier County, Florida,
consisting of 2072.88 + acres. (COMPANION TO DOA-99-01)
C. OTHER
Continued to May 11, 1999
1) DOA-99-01 George L. Vamadoe of Young, van Assenderp &
Varnadoe, P.A. representing WCI Communities L.P. for an
amendment to the Pelican Marsh Development of Regional Impact
(DRI) Development Order No. 95-01, as amended, for the purpose of
increasing the authorized amount of retail floor space by 57,500 square
feet of GFA, an increase of fifty (50) hotel rooms, and a reduction in
medical office space of 25,000 square feet of GFA, for property
bordered on the west by Tamiami Trail North (U.S. 41), on the east by
the future Livingston Road, and on the south by Vanderbilt Beach
Road in Sections 25,27,34,35,& 36, Township 48 South, Range 25
East, Collier County, Florida, consisting of 2072.88+ acres.
(COMPANION TO PUD-93-01-(4))
2) Approve an ordinance amending Ordinance 92-60, as amended,
providing for additional uses of tourist tax revenues for categories
A,B,C, and D and to remove the guidelines.
Ordinance 99-28 - Adopted 4/0
3) An Emergency Ordinance amending Collier County Ordinance No.
98-74, The Collier County Fire Prevention and Protection Code;
amending Section Two B(3), Permits and Approvals and Section
Two D(1 ), Open Outdoor fires, Incinerators, Outdoor Fireplaces, by
proscribing campfires and other defined fires and the sale and use of
fireworks during a declared drought emergency; providing for
declaration of emergency; providing for inclusion in the code of laws
and ordinances; providing for conflict and severability; and providing
an effective date.
Ordinance 99-29 - Adopted with 600 yard change 4/0 - Emergency
Declared 4/0
Moved from Item #17C
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April 27, 1999
4) Petition VAC 99-005 to vacate a 2.5' wide portion of the platted 7.5'
wide drainage easement on Lot 4, Block E, "Kensington Park Phase
Two," as recorded in Plat Book 25, Pages 82 and 83, Public Records
of Collier County, located in Section 13, Township 49 South, Range
25 East.
Continued at request of Petitioner - No action 2/2 (Commissioners
Constantine and Carlet opposed) Request denied - No action 2/2
(Commissioners Berry and Mac'Kie opposed)
13. BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
B. OTHER
14. STAFF'S COMMUNICATIONS
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 - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve the recording of the final plat of Jasmine Lake and
approval of the performance security.
Subject to Cash Bond as security and Construction &
Maintenance Agreement and stipulation
2) Request to approve for recording the final plat of "Madison Estates"
and approval of the performance security.
Subject to Construction & Maintenance Agreement and Letter of
Credit and stipulations
3) Request to approve for recording the final plat of "Walgreens -
Davis/Airport Commercial".
4) Request to approve for recording the final plat of "Riverchase
Shopping Center First Addition" and approval of the performance
security.
Subject to Letter of Credit, Construction & Maintenance
Agreement and stipulation.
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April 27, 1999
5) Request to approve for recording the final plat of "Whispering Woods"
and approval of the performance security.
Subject to Cash Bond and Construction & Maintenance
Agreement
6) Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Sienna at Southampton"
Resolution 99-215
7) To approve a budget amendment to hire a Planning position in the
Comprehensive Planning Section of the Planning Services
Department.
B. PUBLIC WORKS
1) Approve Work #CDM-FT-99-5 for the United States Environmental
Protection Agency (USEPA) Accidental Emission Release Risk
Management Program - Phase 2 at County Water and Wastewater
Treatment Facilities, Project No. 70027.
In the amount of $87,585.00
2) Approve a Budget Amendment for the purchase of a trackhoe.
To Kelly Tractor Corp. in the amount of $34,002
3) Approve Supplemental Agreement No. 6 with CH2M Hill for the Pine
Ridge Road Improvement, Project No. 60111; CIE 41.
In the amount of $108,991.00
4) Approve Change Order No. 2 (Final) to Contract No. 98-2845,
Bluebill Park Buffer Planting.
To Hannnla Landscaping, Inc. in the amount of $4,955.77
5) Approve Pine Ridge Road Right-Of-Way Acquisition Appraisal
Agreement.
With Real Property Analysts
C. PUBLIC SERVICES
1) CONTINUED FROM 4/13/99 MEETING: Approve agreements
with performers for Jazz Festival.
With Tom Scott and Warren Hill
2) Approve the purchase of a new phone system for the Immokalee Parks
utilizing reserve funds and recognize insurance claims and private
donations.
D. SUPPORT SERVICES
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April 27, 1999
1) Approve Security Measures at the Medical Examiner's Office and the
Main County Courthouse
2) Purchase of Three (3) Medium-Duty Advanced Life Support
Ambulances from Aero Products Corporation Using City of
Jacksonville Bid SC~0384-98
In the amount of $114,948.75 each or totaling $344,846.25
3) Approval and Execution of Satisfactions of Notice of Promise to Pay
and Agreement to Extend Payment of Water and/or Sewer System
Impact Fees
4) Interaction Between Professional Consultants and County Officials
Resolution 99-216
5) Bid for temporary labor
Awarded to Able Body Temporary as primary vendor and
ManPower Temporary Services and Personnel Services of Ft.
Myers as secondary vendors
E. COUNTY ADMINISTRATOR
1) Budget Amendment Report
BA 99-226, 99-230, 99-236
2) Approve the selection of a Commercial Bank to secure a $10 Million
line of credit to fund construction of the North Naples Regional Park
and other future Capital Construction needs.
NationsBank to provide the line of credit
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 that the Board of County Commissioners approve
the use of Confiscated Trust Funds to provide matching funds for a
Federal Grant.
COPS More '98 Grant
2) This item has been deleted.
3) Department of Finance and Accounting seeks authorization to file the
State of Florida Annual Local Government Financial Report for the
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April 27, 1999
Fiscal Year 1997-1998.
4) Request to transfer funds from Circuit Court costs to the Public
Guardianship Fund.
In the Amount of $10,000
I. COUNTY ATTORNEY
1 ) To authorize the County Attorney to publish notice of public hearing
on a proposed ordinance, mandated by Florida Statute, to establish
maximum rates for towing and storage of vehicles in instances where
the towing and storage is not authorized by the owner of the vehicle or
by any other authorized person.
2) Recommendation that the Board of County Commissioners approve
the Stipulated Final Judgment relative to the easement acquisition on
parcel no. 530 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).
3) Recommendation that the Board of County Commissioners approve
the Stipulated Order as to costs relative to the easement acquisition on
parcel no. 151 in the lawsuit entitled Collier County v. Ronald Bender
and Michele J. Bender, Trustees Under That Certain Declaration of
Trust Dated the ]7th day of May, 1991, et al., Case No. 98-1394-CA
(Livingston Road Extension, Golden Gate Parkway to Radio Road).
4) Recommendation that the Board of County Commissioners approve
the Stipulated Order as to costs relative to the easement acquisition on
parcel no. 148 in the lawsuit entitled Collier County v. Ronald Bender
and Michele J. Bender, Trustees Under That Certain Declaration of
Trust Dated the ]7th day of May, 1991, et al., Case No. 98-1394-CA
(Livingston Road Extension, Golden Gate Parkway to Radio Road).
5) Recommendation that the Board of County Commissioners approve
the Stipulated Final Judgment relative to the easement acquisition on
Parcels Nos. 117B and 517 in the lawsuit entitled Collier County v.
Doane-Kempfer Joint Venture, et al., Case No. 95-5071 -CA-TB
(Vanderbilt Beach Road Extension - Four-laning Project).
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
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April 27, 1999
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.
Approved and/or adopted with changes - 4/0
A. Petition SV-99-1, James McVey representing Park Central Developers of
Naples, Inc. requesting a 5 foot variance from the required setback of 15 feet
established for signs to 10 feet along Airport Road and YMCA Road for a
ground sign located at that intersection.
Resolution 99-217
B. Petition CU-96-01E, Thomas Peek, P.E. representing Naples New Haitian
Church of the Nazarene, Inc. requesting third extension of a conditional use
for a church in the RSF-3 residential single family zoning district for property
located on the east side of Bayshore Drive at Republic Drive.
Resolution 99-218
Moved to 12C4
C. Petition VAC 99-005 to vacate a 2.5' wide portion of the platted 7.5' wide
drainage easement on Lot 4, Block E, "Kensington Park Phase Two", as
recorded in Plat Book 25, Pages 82 and 83, Public Records of Collier County,
located in Section 13, Township 49 South, Range 25 East.
Continued to May 11, 1999
D. CONTINUED FROM THE APRIL 13~ 1999 MEETING. Petition PUD-
98-21, David H. Farmer, of Coastal Engineering, Inc. representing The Club
Estates, L.C., requesting a rezone from "PUD" to "PUD" Planned Unit
Development in order to merge the Club Estates PUD (Ordinance 97-69) and
The Casa Del Sol PUD (Ordinance 89-70) to create a new PUD known as The
Club Estates PUD for property located on the west side of C.R. 951
approximately one mile noah of Rattlesnake Hammock Road, in Section 10,
Township 50 South, Range 26 East, Collier County, Florida, consisting of
254.7 + acres.
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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April 27, 1999