Recap 03/13/2001 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, March 13, 2001
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 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
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.
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March 13, 2001
INVOCATION - Reverend Mary Anne Dorner, Church of the Resurrection
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDAS
Approved and/or Adopted with changes - 5/0
A. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. APPROVAL OFREGULARAGENDA.
APPROVAL OF MINUTES
Approved as Presented - 5/0
A. February 13, 2001 - Regular Meeting
PROCLAMATIONS AND SERVICE AWARDS
A. PROCLAMATIONS
1)
Proclamation recognizing the member financial institutions of the Collier
County Loan Consortium for their part in helping to provide home
ownership opportunities for Collier County families. To be accepted by Al
Williams and George Breeden from the Loan Consortium.
Adopted - 5/0
2)
3)
Proclamation proclaiming March 20, 2001 as "Children's Day in Collier
County, Florida". To be accepted by Mrs. Myra Shapiro, President of
Naples Alliance for Children.
Adopted - 5/0
Proclamation proclaiming the week of March 11 - 17, 2001 as The 22nd
Anniversary Of The "Know Your County Government Week". To be
accepted by Brooke Haas and Michelson Aristhyl.
Adopted - 5/0
SERVICE AWARDS
Presented
Five Year Attendees:
1) Annis Moxam, Planning Services
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March 13, 2001
2) Mary Keidel, Parks and Recreation
3) Deborah Gardner, Museum
4) Stephen Shelton, Wastewater
5) Jeannine Merritt, Public Information
6) Leonard Pohl, EMS
7) Jane Eichhorn, HUI
C. PRESENTATIONS
1)
Presentation regarding a promotional free garbage pick up award.
Awarded to Kathy Neal and Alice A. Brady
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY MANAGER'S REPORT
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Recommendation to approve commercial excavation permit No. 59.779,
"Patterson Lake Commercial Excavation" located in Section 29, Township
47 South, Range 28 East; bounded on the North 70th Avenue N.E. Right-
of-Way, on the South by vacant lot right-of-way, on the West by vacant lot,
and on the East by vacant lot.
Approved with stipulations - 5/0
2)
Recommendation to approve commercial excavation permit no. 59.778,
"McDaniel Lake Commercial Excavation" located in Sections 20, 21,28,
29, Township 48 South, Range 28 East; bounded on the North by vacant
lot, on the South by Randall Blvd. Right-of-Way, on the West by occupied
lot, and on the East by vacant lot.
Continued to 3/27101 - 5/0
Moved from Item #16A7
3) Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Strand Replat 1-A".
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March 13, 2001
Continued until Impact Fees have been paid - 510
Ca
TRANSPORTATION SERVICES
1)
Reauthorization of Local Option Gas Tax. (Backup material to be
provided .)
Res. 2001-82 Authorizing preparation of an Ordinance- Adopted - 510
PUBLIC UTILITIES
PUBLIC SERVICES
SUPPORT SERVICES
1)
Approve a Lease Agreement with the Police Activities League to utilize
County property for all terrain vehicles.
Approved - 510
EMERGENCY SERVlCES
COUNTY MANAGER
1)
Adoption of FY 02 Budget Policy.
916/01 & 9/19/01 Public Hearings - 510
611/01 Budget submission date for Sheriff, Clerk of Courts and
Supervisor of Election
Approved 5/0
2)
Recommendation that the Board of Collier County Commissioners review
the written and oral reports of the Advisory Boards scheduled for review in
2001 in accordance with Ordinance 86-41.
Presented. Bayshore Adv. Committee report continued
AIRPORT AUTHORITY
COUNTY ATTORNEY'S REPORT
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March 13, 2001
10.
Recommendation that the Board of County Commissioners approve a settlement
in Paul Lashbrook v. Collier County, now pending in the United States District
Court for the Middle District of Florida, Case No. 2:00-CV-122-FTM-29D, in the
amount of $150,000.
Approved 510
BOARD OF COUNTY COMMISSIONERS
Appointment of members to the Environmental Advisory Council.
Res. 2001-83 appointing Alfred Gal, Jr., Michael Coe, Larry Stone, and
Chester Soling - Adopted 5/0
Bm
Appointment of members to the County Government Productivity Committee.
Res. 2001-84 appointing Thomas Casale, Thomas Grootemaat, James
Homer, and Jean Ross-Franklin -Adopted 5/0
Gm
Appointment of members to the Community Health Care Planning and Finance
Committee.
Res. 2001-85 appointing Dr. Keith Riley and Jane S. Dunn - Adopted 5/0
Board discussion of the possible repeal of Ordinance 2000-82, the Pelican Bay
Services District Ordinance. (Commissioner Carter)
Pelican Bay Ord. 2000-82 to be advertised for 4/10/01 to be repealed - 3/1
(Commissioner Carter opposed and Commissioner Mac'Kie abstained)
Discussion regarding wastewater connections in the North County Regional
Water-Sewer District. (Commissioner Carter and Commissioner Henning.)
Staff to Work with CBIA and subcontractors Association and others in the
industry and develop a specific action plan with any and all possibilities
and return to the BCC ASAP and to develop a county position paper to
provide to the community by the end of the day.
Added
F.
Discussion of Florida First Resolution.
Res. 2001-86 -Adopted 5/0
(Commissioner Carter Request)
Added
G.
Board approval to waive dumping fees for Naples Manor Community Clean and
Sweep Up Day on Saturaday, April 21,2001 from 9:00 a.m. to 12:00 p.m.
(Commissioner Fiala request).
Approved 510
Added
H.
Approval for Public Information to design flyers for distribution to residents of
Naples Manor for clean-up effort and a Town Hall Meeting scheduled for
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March 13, 2001
11.
Thursday, March 29 at 7:00 p.m. at Lely High School Cafeteria (Commissioner
Fiala request).
Approved 510
OTHER ITEMS
A. OTHER CONSTITUTIONAL OFFICERS
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC COMMENT ON GENERAL TOPICS
1. Bob Krasowski re landfill issues.
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
1)
DUE TO ITS SlZE~ THE BACKUP MATERIAL FOR THIS ITEM MAY BE
VIEWED IN THE BCC OFFICE~ 3"[~ FLOOR~ HARMON TURNER
BUILDING. Growth Management Plan Amendments(s) Adoption Cycle,
CP-2000-3, CP-2000-4, CP-2000-5, CP-2000-7 and CP 2000-11. An
ordinance amending Ordinance No. 89-05, as amended, the Collier
County Growth Management Plan for the Unincorporated Area of Collier
County, Florida by: Amending the future land use element and the future
land use map and map series; amending the Golden Gate area master
plan element and the Golden Gate area master plan future land use map
and map series; and providing for severability; and providing for an
effective date.
Ord. 2001-12 - Adopted with amendments - 5/0
B. ZONING AMENDMENTS
C. OTHER
1)
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27, 2001 BCC
MEETING. Adoption of consolidated impact fee ordinance.
Ordinance 2001-13 -Adopted 510
2)
Recommendation that the Board of County Commissioners receive public
input on selecting a non-profit organization to be designated as an eligible
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March 13, 2001
13.
entity for receipt of community service block grant funds and approve a
resolution supporting the Immokalee Multicultural Multipurpose
Community Action Agency, Inc. efforts to be designated by the Governor
of Florida as the eligible entity to serve Collier County.
Res. 2001-87 -Adopted 510
BOARD OF ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
1)
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition V-2u00-
33, Freedom Screening Corporation, representing Curtis Chandler,
requesting a 2-foot variance from the required 10 foot rear yard setback
for accessory structures to 8 feet for property located at 225 Bayfront
Drive, further described as Lot 18, Bayfront Gardens, in Section 6,
Township 48 South, Range 25 East, Collier County, Florida.
Res. 2001-88 -Adopted 5/0
2)
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CU-2000-
20, Jeff L. Davidson of Davidson Engineering, Inc. representing B.C.
Excavating of Naples, Inc., requesting a conditional use for earth mining
activity on a parcel of land zoned "A" Agricultural for a property located on
the east side of Friendship Lane approximately ¼ mile north of Immokalee
Road in Section 24, Township 47 South, Range 27 East, Collier County,
Florida. This parcel consists of approximately 4.4 acres.
Denied - 5/0
3)
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CU-;z000-
16, Jeff L. Davidson of Davidson Engineering, Inc. representing Jesse
Hardy, requesting a conditional use for earth mining activity on a parcel of
land zoned "A" Agricultural for a property located in the "Hole-In-The-
Donut" within the southern Golden Gate Estates, more specifically the site
is located about two miles south of Interstate 1-75 and one and one
quarter mile east of Everglades Boulevard, in Section 16, Township 50
South, Range 28 East, Collier County, Florida. This site consists of 160
acres.
Res, 2001-89 - Adopted with stipulations 5/0
4)
THIS ITEM IS CONTINUED INDEFINITELY. Petition PUD-92-08(1)
Bryan Milk of RWA, Inc., representing William T. Higgs, requesting a
rezone from PUD to PUD known as White Lake Industrial Park PUD
having the effect of changing the name to White Lake Corporate Park
PUD, increasing the industrial land use from 67.4 acres to 86.3 acres, and
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March 13,2001
14.
changing the property ownership, for property located northeast of and
adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in
Section 35, Township 49 South, Range 26 East, Collier County, Florida.
B. OTHER
STAFF'S COMMUNICATIONS
A. BCC Growth Management Workshop to be held Friday, March 16.
BCC Health Care Finance Committee Workshop to be held after the regular
meeting of April 24
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)
Request to approve for recording the final plat of "Waterways of Naples,
Unit Seven", and approval of the standard form construction and
maintenance agreement and approval of the amount of the performance
security.
W/stipulations
Continued to March 27, 2001
2) Request to approve for recording the final plat of "Jubilation" and approval
of the standard form construction and maintenance agreement and
approval of the amount of the performance security.
3)
Petition VAC 00-025 to vacate, renounce and disclaim easements
recorded in separate instruments in the Public Records of Collier County,
Florida, located in Section 30, Township 48 South, Range 26 East, Collier
County, Florida.
Res. 2001-72
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March 13,2001
4)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Naples Heritage Golf and
Country Club Phase Two-A".
Res. 2001-73 w/release of Maintenance Security
5)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Naples Heritage Golf and
Country Club Phase Two-B".
Res. 2001-74 w/release of Maintenance Security
6)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Naples Heritage Golf and
Country Club Phase One."
Res. 2001-75 w/release of Maintenance Security
Moved to Item #8A3
7) Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Strand Replat 1-A".
8)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Candlewood Three".
Res. 2001-76 wi release of Maintenance Security
9)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Marker Lake Villas".
Res, 2001-77 w/release of Maintenance Security
10)
The Board of County Commissioners approve a Budget Amendment to
the Urban Improvement Grants Account due to non-receipt of anticipated
grant monies.
(Under the Neighborhood Revitalization category)
11)
The Board of County Commissioners approve a Budget Amendment to
the Urban Improvement Grants Account due to non-receipt of anticipated
grant monies.
(Under the Economic Development category)
B. TRANSPORTATION SERVICES
1)
Approve a contract with Mitigation Credit Sales Mitigation Banks as Iow
bidder for the Livingston Road Project Wetland Impacts, Collier County
Project No. 60071.
In the estimated amount of $805,000,00
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March 13, 2001
Added
2)
Approve committee selection of firms for contract negotiations for
Construction Engineering Inspections Services for various capital
improvement roadway projects in Collier County.
As outlined in the Executive Summary and the recommended
$5,000,000.00 maximum initial contract amount per firm
PUBLIC UTILITIES
1)
Approve the wellfield agreement between Albertson's Inc and Collier
County Water-Sewer District, Project No. 74039.
WI approval of the necessary budget amendment
2)
Approve the sole-source purchase and installation of additional landfill
odor monitors and an associated Budget Amendment.
From Arizona Instrument Corporation
3)
Approve a Resolution to authorize the Public Utilities Administrator to
execute a utility work agreement with the Florida Department of
Transportation for work associated with U.S. 41.
Res. 2001-78
PUBLIC SERVICES
1)
Approval of an agreement with performers for the Country Jam Concert.
W/Toby Keith in the amount of $45,000.00
2)
Approval of a travel request for two members of the Collier County
Community Health Care Planning and Finance Committee to attend the
"Project Access" community event. (Staff request)
SUPPORT SERVICES
1)
Approve payment of Collier County's Pro-Rata Share of the repair costs to
the East Naples Fire Control District's Station #21 (East Trail).
In the amount of $57,251.92 and approval of the necessary budget
amendment
2)
Approval of a Lease Agreement between Collier County and Florida
Department of Agriculture and Consumer Services.
3)
Approval of an agreement to terminate lease between Collier County and
Primesite Consulting Group, Inc., and Florida Rock and Sand Company,
Inc.
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March 13, 2001
4)
5)
6)
7)
Authorization of Work Order VL-00-06 under the County's Annual
Architectural Contracts for Victor J. Latavish, AIA to design a Sheriff's
Substation at the Golden Gate Government Center Complex, Project No.
80535.
In the amount of $58,900.00
Approve expenditure of over $25,000.00 for purchases based on quotes
on Bid #99-2958 - Sprinkler Parts and Related Items.
Approve expenditure of over $25,000.00 to Aaction Mulch of SW Florida
Inc., for the purchase of mulch.
Approval to award Bid #00-3175 to Advanced Air Refrigeration Inc., and
Conditioned Air, Inc., as primary, and Modern Air Conditioning as
secondary for the purchase, repair, maintenance and installation of air-
conditioning equipment.
EMERGENCY SERVICES
1)
Recognize revenue and appropriate the monetary portion of the National
Association of Emergency Medical Technicians "Provider of the Year
Award".
W/$1000.00 donation for EMS anniversary/award celebration
COUNTY MANAGER
1)
Approval of Budget Amendment Report - Budget Amendment #01-184;
#01-197.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
1)
Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign
Satisfaction of Lien for Services of the Public Defender for Case Nos.:
3678-MMA, and 91-3679-MMA and 89-2152-CFA, RECOMMEND
APPROVAL.
91-
2) Miscellaneous items to file for record with action as directed.
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March 13, 2001
17.
OTHER CONSTITUTIONAL OFFICERS
1)
Approval of a Sheriff's Office United States Department of Justice COPS
More 2001 Technology/Equipment Grant Application.
COUNTY ATTORNEY
Authorize application for tax deeds for 523 County-Held Tax Certificates
and authorize notice to proceed to the Tax Collector.
2)
Approve the agreed order awarding expert fees relative to the easement
acquisition of parcel 107-T in the lawsuit entitled Collier County v. John B.
Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al,
Case No. 99-3040-CA (Livingston Road, Project No. 65041).
Staff to deposit the sum of $7,520.00 into the Registry of the Court
3)
Approve the agreed order awarding expert fees relative to the easement
acquisition of parcels 41-T and 13-45 in the lawsuit entitled Collier County
v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated June 5,
1986, et al., Case No. 99-3040-CA (Livingston Road, Project No. 65041).
Staff to deposit the sum of $10,562.50 into the Registry of the Court
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.
Petition PE-2000-5, Tom Masters, P.E., Director of Engineering, Vineyards
Development Corporation, requesting a parking exemption for a shared parking
agreement between Vineyards Development and the Lutgert Companies, on
Outparcel 6 of the Crossroads Shopping Center in the Vineyards, located on the
West side of Vineyards Boulevard.
Res. 2001-79
Petition CU-2000-17, Herb Ressing Voicestream Wireless representing Big
Corkscrew Island Fire Control District requesting a conditional use for
communications tower on a parcel of land zoned "E" Estates for a property
located on the Southside of Immokalee Road, just West of Randall Boulevard.
This parcel consists of approximately 2.5 acres and contains the Big Corkscrew
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March 13, 2001
Island Fire Control District Fire Station.
Res. 2001-80
Petition VAC 00-021 to disclaim, renounce and vacate the County's and the
Public's interest in a portion of a 15' wide drainage easement in Tracts 4 and 5,
according to the plat of "Wiggins Bay Phase I' as recorded in Plat Book 13,
Pages 89 through 90, Public Records of Collier County, Florida located in
Section 16, Township 48 South, Range 25 East.
Res. 2001-81
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27 MEETING.
Recommendation to accept a settlement proposal in the Case of Waldun Oaks of
Naples Homeowners Association, Inc., et al., vs Collier County and BIC's
Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA.
THIS ITEM WAS CONTINUED FROM THE FEBRUARY 13 MEETING. Petition
PUD-00-16, Robert Duane of Hole Montes & Associates, representing Ralph
Aberica, requesting a rezone from "A" Agriculture to "PUD" Planned Unit
Development to be known as Collier Boulevard mixed use commerce center
PUD allowing for residential, commercial retail and office land uses for property
located on the northwest quadrant of the intersection of 1-75 and Collier
Boulevard (C.R. 951), in Section 34, Township 49 South, Range 26 East, Collier
County, Florida.
Ordinance 2001-10
An Ordinance amending the future land use element of ordinance 89-05, as
amended, the Collier County Growth Management Plan, for the unincorporated
area of Collier County, Florida, by correcting scrivener's errors on the Future
Land Use Map; providing for severability; and providing an effective date.
Ordinance 2001-11
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO
THE COUNTY MANAGER'S OFFICE AT 774-8383.
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March 13, 2001