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Recap 07/31/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 31, 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 1 July 31, 2OOl 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 AND PLEDGE OF ALLEGIANCE A. Reverend Susan Diamond, First Christian Church 2. AGENDA AND MINUTES Approval of today's regular, consent and summary agenda as amended Approved and/or adopted with changes - 5/0 Approval of June 11,2001 BCC/Workshop Approved as presented - 5/0 Approval of June 12, 2001 BCC Regular Meeting Approved as presented - 5/0 Approval of June 13, 2001 BCC Special Meeting Approved as presented - 5/0 Approval of June 20, 2001 BCC Special Meeting Approved as presented - 5/0 Approval of June 21 and June 22, 2001 BCC Budget Workshop Approved as presented - 5/0 Approval of June 26, 2001 BCC Regular Meeting Approved as presented - 5/0 3. PROCLAMATIONS Proclamation recognizing August 2001 as World Breastfeeding Month and proclaims August 2001 as Breastfeeding Month in Collier County. 2 July 31, 2001 Added F. Proclamation to be accepted by Ms. Laurie Owens, WIC and Health Services, Collier County Government Adopted - 5/0 Proclamation recognizing the Guadalupe Center and the Immokalee Community for applying to the U.S. Department of Justice for official Weed and Seed site recognition. Proclamation to be accepted by Nora Benevides, John Lawson Adopted - 5/0 Proclamation proclaiming the month of September as Ovarian Cancer Awareness Month. Proclamation to be accepted by Carolyn Benivegna, President and Founder, Southwest Florida Division, National Ovarian Cancer Coalition and Jane Pfaender Adopted - 5/0 Proclamation recognizing Sunday, August 12th, 2001 as "Undy Sunday", the fifth annual collection date for new underclothes for children in need in our community. Proclamation to be accepted by George Drobinski, Catholic Charities District Director, John Fitzgerald, Catholic Charities Advisory Board Chairman and Reverend Susan Diamond, Pastor of the First Christian Church Disciples of Christ Adopted- 5/0 Proclamation recognizing Dr. Audre Levy for her outstanding contributions to our community in her tenure as Provost at the Collier County Campus of Edison Community College. Acceptor TBA Adopted 5/0 Proclamation designating July 31,2001, as Louise Hasse Day Adopted 5/0 SERVICE AWARDS Presented A. Five-Year Attendees: l) 2) James Fitzek, Parks and Recreation Department Jeffrey Bolen, Information Technology Department 3 July 31, 2001 3) 4) 5) 6) 7) Susan Satow, Parks and Recreation Department Robert Pierce, Facilities Management Department Bernice Forester, Emergency Medical Services Kathryne Warren, Emergency Medical Services Jason Valinsky, Facilities Management Department 5. PRESENTATIONS Presentation from the Collier County Board of County Commissioners to Tiarra Myers, Sophomore from Lely High School, for her contributions to encourage waste reduction and recycling in Collier County Presented Recommendation to recognize Michelle Hondzinski, Secretary I, University Extension Services, as Employee of the Month for July 2001 Recognized THIS ITEM TIME CERTAIN 9:30 A.M. Check presentation by FDOT to Commissioner James D. Carter for Livingston Road Improvements Presented 6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS Public Petition regarding Las Naciones News Community Forum scheduled in the Board of County Commissioners Boardroom August 9 and 10, 2001. To be brought back on 9/11/01 B. This item has been deleted. Public Petition regarding redistricting of Collier County by the Citizens for Fair Redistricting. Staff to work with Lee and Charlotte Counties 7. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-2001-AR- 688, Jim Hudson representing Stoneburner-Hudson Trust requesting a 27- foot side yard variance from the required 40-foot side yard setback established for automobile service stations to 13 feet for an existing 4 July 31, 2001 automobile service station located at the comer of Airport Pulling Road and Davis Boulevard in Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Chahram Badamtchian, Principal Planner, Planning Services) Denied - 5/0 ADVERTISED PUBLIC HEARINGS A. This item has been deleted. An Ordinance of Collier County, Florida; to be entitled Merchandising of Tobacco Products in Collier County; providing for findings of fact, intent and definitions; prohibiting placement of tobacco products in open display units directly accessible to minors; providing for exceptions; providing for enforcement; and providing for an effective date. (David Weigel, County Attorney) Ordinance 2001-46 - Adopted 5/0 BOARD OF COUNTY COMMISSIONERS Appointment of member to the Historical/Archaeological Preservation Board. (Sue Filson, Administrative Assistant to the BCC) Resolution 2001-309 appointing Thomas Franchino - Adopted 5/0 Added B. 10. Request to temporarily extend the terms of four (4) Airport Authority Board Members for 60 days. Resolution 2001-310 extending the terms - Adopted 5/0 COUNTY MANAGER'S REPORT THIS ITEM TIME SENSITIVE-TO BE HEARD AT 2:00 P.M. Discussion of the Federal Emergency Management Agency's Proposed Flood Insurance Rate Maps for Collier County. (Gene Chartrand, FEMA Coordinator) Resolution 2001-312 rejecting changes to the FIRM's - Adopted 5/0 The Community Development and Environmental Services Division providing a summary of a previous interpretation of the Land Development Code specifically as it relates to outdoor storage as a use permitted by right 5 July 31, 2001 in association with a principal permitted use in the C-4, General Commercial Zoning District, for discussion purposes as directed by the Board of County Commissioners. (Susan Murray, Current Planning Manager, Planning Services) Staff to Review codes regarding accessory uses to outside storage and give a recommendation for the next LDC cycle - 5/0 This item has been deleted. To adopt the proposed Millage rates as the maximum property tax rates to be levied in FY 2002. (Mike Smykowski, Director, Office of Management and Budget) Resolution 2001-311 - Adopted 5/0 Approve an Interlocal Agreement between the City of Marco Island and Collier County for an Advanced Life Support (ALS) Engine Partnership Program. (Tom Storrar, Emergency Services Administrator) Approved - 5/0 Approve an Inteflocal Agreement between the East Naples Fire Control and Rescue District and Collier County for an Advanced Life Support (ALS) Engine Parmership Program. (Tom Storrar, Emergency Services Administrator) Approved - 5/0 Request the Board to designate a Commissioner to accompany consultant and the staff for Field Assessment of Innovative Solid Waste Facilities in Australia. (Jim Mudd, Public Utilities Administrator) Commissioner Coletta to represent the Commission - 5/0 Valid public purpose determined Consideration of Issues for the Board's 2002 Legislative Agenda. McNees, Assistant County Manager) Approved - 5/0 (Mike Summary of Glades and Collier Counties Joint Workshop. (Jim Mudd, Public Utilities Administrator) Presented 6 July 31, 2001 Request Board of County Commissioners approval to memorialize the proposed 13th Street SW Bridge by naming the structure in honor of Richard J. Hellriegel, P.E., Transportation Operations Department Design Manager. (Norman Feder, Administrator Transportation Services) Approved - 5/0 It is requested that this item be heard as the first regular item on the Agenda. Follow-Up Report to the Board of County Commissioners to the Public Petition regarding a Human Rights Commission made by Ms. Laverne Franklin, President of the NAACP. (Thomas W. Olliff, County Manager) Staff to move forward with Human Rights Commission - 5/0 Review Petition TM99-01 requesting the installation of a temporary traffic diverter at the intersection of Donna Street and Gail Boulevard as part of the Neighborhood Traffic Management Plan for the Coconut Creek Estates Neighborhood. (Norman Feder, Transportation Services Administrator) Staff recommendation according to Mr. Feder which is not to put in traffic diverters but to install sidewalks and speed bumps - 3/2 (Commissioner Henning and Carter opposed) There is no Item "M" Moved from Item #16D7 N. Request by Henry Brehm, representing Net Assets, to construct a Tournament Facility and use Vineyards Community Park to host the Nuveen Champions Tournament Continued to 9/11/01 meeting Moved from Item #16E9 O. Approval of Resolution No. 2001-__ establishing a Community of Character Committee Staff to bring back an ordinance changing "committee" to "council" and making the concil exist for an indefinite time period. Moved from Item #16A16 p. Recommendation to adopt a revised Version of Division 3.5 (Excavations) of the Land Development Code (Ord. 92-73 as amended) to serve as an Interim Policy during the formal review and approval process. Approved - 5/0 7 July 31, 2001 11. AIRPORT AUTHORITY 12. 13. 14. 15. COUNTY ATTORNEY'S REPORT Agreement between Collier County and the South Florida Water Management District for use of Tourist Development Tax monies for the Lake Trafford Restoration Project. Approved 5/0 B. This item has been deleted. Recommendation that the Board of County Commissioners authorize Retention of Don Hemke, Esquire, of the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. to represent each of the Board members in their individual capacities in the Lawsuit styled Aquaport, L.C., et al, v. Collier County, et al., Case Number 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. (David Weigel, County Attorney) Approved - 5/0 OTHER CONSTITUTIONAL OFFICERS/ELECTED OFFICIALS Board approval of an Amendment to Collier County Resolution 99-328; specifically to replace "Exhibit B"; providing for Fire Prevention and Control Fees assessed for Fire Inspection on Building Permits. Resolution 2001-313 - Adopted 5/0 STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Discussion re Lely DRI and traffic impact. B. Discussion re Whippoorwill Developers Contribution Agreement ¢. Commissioner Henning to represent the Commissioners on the South Florida Transportation Initiative Group Sub-Committee D. Discussion regarding Indigent Health Care in the budget (Commissioner Henning) FUTURE AGENDAS Discussion of reimbursement for charges related to the Pelican Bay MSTBU Town Hall Meeting and straw vote. (Commissioner Carter) To be brought back on a future agenda 8 July 31, 2001 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) Acceptance of assignment agreement for Fiddler's Creek, Phase 2-A, Unit Three. 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Tierra Lago" Res. 2001-269 with release of Maintenance Security 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Wedgewood Subdivision" Res. 2001-270 with release of Maintenance Security 4) Final acceptance of Water Utility Facilities for Capri Commercial Center Release Utilities Performance Security to Project Engineer or Developer's designated agent 5) Final acceptance of Water Utility Facilities for Regatta Release Utilities Performance Security to Project Engineer or Developer's designated agent 6) Approve a Budget Amendment to appropriate reserves from the Unincorporated General Fund to remove dilapidated mobile homes from the Immokalee Community. 7) Sewer facilities acceptance for Grey Oaks, Unit Six, Phase Two. 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Maplewood Unit Three" 9 July 31, 2001 9) 11) 12) 14) 15) Res. 2001-271 with release of Maintenance Security Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Tamiami Professional Center" Res. 2001-272 with release of Maintenance Security Adopt resolutions enforcing liens on properties for Code Violations Res. 2001-273 through 2001-290 Authorize staff to hire a consultant to review and clarify/simplify the Land Development Code Not to exceed $75,000 Authorize a Special Cycle of the Land Development Code. Request to enter into a Maintenance Agreement for privacy wall improvements within Galleria Drive (Pelican Marsh Unit Twenty- Two). Request to approve for recording the final plat of "Jubilation", and to waive Section 3.2.6.3.4 (2) of the Collier County Land Development Code (posting of subdivision performance security) until the first Certificate of Occupancy is requested With stipulations Request to approve for recording the final plat of "Olde Cypress Tract 12". Moved to Item #10P 16) Recommendation to adopt a revised Version of Division 3.5 (Excavations) of the Land Development Code (Ord. 92-73 as amended) to serve as an Interim Policy during the formal review and approval process. 17) Request to approve and fund of an Engineering Technician to assist the tracking and processing of development projects and utility conveyances For an estimated annual cost of $37,400 lO July 31, 2OOl Board of Coun_ty Commissioners serving as the Community Redevelopment AgencY: Recommendation that the Community Redevelopment Agency Adopt a Resolution to amend the bylaws of the Local Redevelopment Advisory Boards Res. 2001-291 19) Extension of Building Permit Application for Malibu Lakes. 20) Adoption of a Resolution establishing an Official Administrative Procedures Manual for the Collier County Consolidated Impact Fee Ordinance. (Copies of the Administrative Procedures Manual are available at the Community Development Services Center, County Manager's Office and the Office of Public Information.) Res. 2001-292 21) Approval and Execution of a Lease Agreement between Collier County and CPOC Realty, L.L.C., for office space to be utilized by the Housing and Urban Improvement Department In the Amount of $50,530 Added 22) Request to approve and fund a Senior Planner to Assist Immokalee Housing Initiative with Processing site Improvement Plans For the remainder of FY 2001 El. TRANSPORTATION SERVICES 1) Approve Amendment No. 11 to the Professional Services Agreement with Hole, Montes, Inc. for Livingston Road, Phase IV, Project No. 65041, and the Livingston East-West Connector, Project No. 60036 In the amount of $82,800 2) Recommendation that the Board of County Commissioners award Bid #01-3246 for the purchase and delivery of pine straw mulch to Central Florida Mulches In the amount of $40,500 3) Approve Professional Consulting Services Agreement with Wilson Miller for the Vanderbilt Area Corridor Study (RFP #01-3227) 11 July 31, 2OOl 4) 5) 6) In the amount of $285,725 Approve Professional Consulting Services Agreement with TBE Group, Inc., for the North-South Planning Corridor Study (RFP #01- 3227) In the amount of $293,955 Approve Work Order No. BRC-FT-01-08 with Better Roads Inc., for sidewalk improvements on Donna Street, Project No. 60025 In the amount of $104,673.45 Adopt a Resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive sidewalk easements for the construction of a sidewalk from Golden Gate Boulevard to the Golden Gate Main Canal (Project No. 60171) Res. 2001-293 Continued 7) 8) 9) lo) .11) This item continued from the June 26~ 2001 BCC Meeting. Approve Developer Contribution Agreement with First Baptist Church for Road Impact Credits subject to Developer complying with all conditions of the agreements imposed by the County Adopt a Resolution to expand authorization to all Division Administrators to execute Grant Applications, Permit Applications and other Documents pertaining to the Construction of Capital Improvement Projects Res. 2001-294 Approve Award of a Construction Contract to the lowest bidder, Bonness, Inc., for the 2000-2001 Pathways Program, Bid No. 01-3248 In the amount of $308,723.45 Award Bid No. 01-3244, "Purchase and Delivery of One Road Widener Attachment" To Ringhaver Equipment in the amount of $49,710 Accept an Easement from the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida to be used for Tower Road Right-of-Way, and Utility, Drainage, and Maintenance 12 July 31, 2001 12) 13) 14) 15) 16) 17) purposes. Approve Supplement Agreement No. 3 to the Professional Services Agreement with Johnson Engineering Inc., for Goodlette-Frank Road improvements between Pine Ridge Road and Vanderbilt Beach Road, Project No. 60134 In the amount of $200,000 Approve an Interlocal Agreement among Collier County, the City of Naples and the City of Naples Airport Authority for the construction and maintenance of Enterprise Avenue Extension (FKA Transfer Station Road). Advise Board of County Commissioners of request for Landscaping Maintenance Agreement among Collier County, the City of Naples and the Estuary at Grey Oaks and request approval of early start for construction of improvements. Approve Amendment No. 2 to the contract for Professional Engineering Services by Hole, Montes, Inc., for Immokalee Road six- laning design from U.S. 41 to 1-75, Project No. 66042 In the amount of $253,647 Approve Contract Amendment No. 15 for Professional Engineering Services by Hole, Montes, Inc., for Immokalee Road Construction Project, Project No. 69101 In the amount of $36,610.25 Recommendation that the Board of County Commissioners adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non Ad Valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the Water Management System, Beautification of Recreational Facilities and Median Areas, and Maintenance of Conservation or Preserve Areas, and Establishment of Capital Reserve Funds for the Maintenance of Conservation or Preserve Areas, U.S. 41 Berms, Street Signage Replacements within the Median Areas and Landscaping Improvements to U.S. 41 Entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit 13 July 31, 2001 Res. 2001-295 C= PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments Res. 2001-296 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments Res. 2001-297 3) Request that neighborhood clean-up events exceeding $2,000.00 in waived tipping fees receive prior Board approval and limit events to one quarterly event per neighborhood. Motion to reconsider item - 5/0 Policy amended to $4,000 twice a year - 5/0 4) Approval to use State Waste Tire Grant Funds for playground surfacing for YMCA, Youth Haven, Farmworker Village, Salvation Army and walking surfaces at 4-H Children's Garden. 5) Recommendation to award Surplus Sealed Bid #S01-3243, surplus bid for one (1) Boat, Motor and Trailer to Christophwer F. Slaby In the amount of $200 Waive Contract Dollar Thresholds, and authorize the execution of a Work Order for construction services related to the development of a supplemental water source to augment the reclaimed water supply, Project 74125. 7) Authorize funds for a feasibility study to provide potable water service through a Municipal Services Benefit Unit to Price Street and Barefoot Williams Road. 14 July 31, 2001 8) Approval of a billing agreement with Cocobay Condominium, Inc., for utility customer billing. 9) Approval of an agreement with the Florida Department of Environmental Protection for electronics recycling. Recommendation that the Board of County Commissioners approve the resolutions setting the date, time and place for a Public Hearing to approve a Special Assessment (Non Ad Valorem Assessment) to be levied against the properties within the Solid Waste District I and District II Municipal Service Benefit Unit for Solid Waste Collection and Disposal Services and approve the first class notice to be sent to all assessable units as well as approving the postage and mailing costs Res. 2001-298 and 2001-299 Approval of Amendment No. 2 for Contract GC526 with the Florida Department of Environmental Protection (FDEP) Amount not to exceed $159,446 12) Award RFP00-3185-South Central Regional Water Treatment Plant concrete leak and spall repairs To Consel Inc. 13) Approval and Execution for Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. 14) Approval to piggyback Bid No. 00-103 from Polk County for the purchase of fire hydrants To Ferguson Underground in the amount of $100,000 15) Approval and Execution of Satisfactions of Notice of Promise to pay and agreement to extend payment of Water and/or Sewer System Impact Fees. 16) Approve the Satisfaction of Lien Documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. 17) This item was continued from the June 26~ 2001 BCC Meeting. Award a Contract to Mitchell and Stark Construction Company, Inc., 15 July 31, 2001 ~8) 19) to upgrade the Pelican Bay Wellfield, Booster Station and Master Flow Meter, Bid 01-3238, Project 74039 In the amount of $734,950 Provide initial readiness funding for hurricane debris planning and management in the 2001 Hurricane Season. Approval of Work Order Numbers WD-034 and WD-035 for installation of fire hydrants within the Pelican Bay Subdivision WD-034 to Kyle Construction in the amount of $274,400 and WD- 035 to Mitchell and Stark in the amount of $290,300 PUBLIC SERVICES 1) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 2) Authorize staff to utilize the Collier Area Transit (CAT) for Trolley Services at the Summer Barbeque and Blues Event In the amount of $180 3) 4) 5) 6) Award RFP#01-3236 for a 3-Year Contract for Fitness Center Equipment To Barry's Barbell Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions of Southwest Florida. Approve award of RFP00-3168 for a concessionaire at Barefoot Beach To Recreation Facilities of America, Inc. 16 July 31, 2001 Moved to Item #10M ?) Request by Henry Brehm, representing Net Assets, to construct a Tournament Facility and use Vineyards Community Park to host the Nuveen Champions Tournament SUPPORT SERVICES 1) Approve an Agreement for Sale and Purchase to acquire property and building located at 2373 Horseshoe Drive South, Naples Res. 2001-300; with Heritage Square Real Estate, L.L.C., in the amount of $4,900,000 2) To re-appropriate $50,000 previously approved in Fiscal Year 2000 from the GAC Land Trust to purchase fitness equipment for the new Community Center at Max A. Hasse Community Park. 3) Approval and execution of a Lease Agreement between Collier County and Richard B. Lansdale for space occupied by the Sheriff's Office In the amount of $35,000(first year's rent) and $12,000(annual utilities) 4) Approval and execution of a Lease Agreement between Collier County and Alan and Patricia Boole for space to expand the Sheriff's Office Vehicle Maintenance Facility In the amount of $25,200(annual rent) and $12,000(annual utilities) 5) Approve the use of 301 Project Funds to improve and upgrade fiber optic communication lines and equipment on the Main Government Complex In the amount of $184,200 s) Approve an Agreement for the conveyance of GAC Trust Reserved Lands to the District School Board of Collier County, Florida, for the future construction of an Elementary School in Golden Gate Estates. 7) Request authorization for the Department of Human Resources to bring back to the Board of County Commissioners proposed additions 17 July 31, 2001 and modifications to Ordinance No. 96-40 which is known as the Collier County Personnel Ordinance. 8) Approval of a Letter of Agreement between the Board of County Commissioners and Community Health Partners, Inc., reducing the Physician Fee Schedule and Outpatient Fee Schedule, and modifying the In-Hospital Stop Loss Agreement under the Existing Group Health Insurance Fee Agreement. Moved to Item #10N O) Approval of Resolution No. 2001- Character Committee __ establishing a Community of 10) Approve Master Purchase Agreements for the Purchase of Regulated and De-Regulated Services from Sprint. Approval of Resolution No. 2001- which will revise the Employee Service Award Program and supersede Resolution No. 87-80 effective October 1, 2001 Res. 2001-301 12) Authorization to enter into a five-year contract with Sprint, subject to appropriation, for existing circuit services in exchange for Sprint's installation of a fiber-optic sonnet ring around the Main Government Complex. Moved from Item 13) #16F1 Approve and Execute an Agreement with the Golden Gate Fire Control and Rescue District providing for a maximum expenditure of $110,000 from the GAC Land Trust to purchase a water tanker fire truck. F. EMERGENCY SERVICES Move to Item #16E13 1) Approve and Execute an Agreement with the Golden Gate Fire Control and Rescue District providing for a maximum expenditure of $110,000 from the GAC Land Trust to purchase a water tanker fire truck. 18 July 31, 2001 COUNTY MANAGER Approval of a Resolution terminating the Old Marco Village Water and Sewer District Fund in its entirety Res. 2001-302 Added 2) 3) Approval of the Florida Association of Counties State Legislative Survey. (Thomas W. Olliff, County Manager) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's Scheduled Recess. H. AIRPORT AUTHORITY I. 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.' 98-2334-CFA, 98-2548-CFA, 99-1613-CFA, 94-408-CFA, 97- 2696-CFA. RECOMMEND APPROVAL. 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY Withdrawn 1) 2) Recommendation to approve a Budget Amendment in the amount of no more than $16,700.00 for outside counsel and professional services including expert witness fees for services rendered in concluding the County's litigation relating to the 1995-96 Beach Restoration Project in the Lawsuit styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants, Inc. et al, Case No. 00- 1901-CA. To authorize the County Attorney to draft an Ordinance to amend the Collier County False Alarm Ordinance and schedule a Public Hearing 19 July 31,2001 3) 4) before the Board of County Commissioners to consider adoption of the proposed ordinance. Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel No. 316 in the Lawsuit entitled Collier County v. Wilfredo Maribona, et al, (Golden Gate Boulevard, Project No. 63041) Staff to deposit $400 into the Registry of the Court Request by the Housing Finance Authority of Collier County for approval of a Resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an Inteflocal Agreement with the Lee Authority Res. 2001-303 5) 6) 7) 8) Recommendation that the Board authorize the Office of the County Attorney and the Risk Management Department pursuant to Resolution No. 95-632 to retain counsel to represent EMS Employee Frederick F. Gonzalez in a traffic ticket case arising out of an accident Mr. Gonzalez had while driving a County ambulance Estimated attorney costs/fees are $2,500 to $4,500 Approve settlement agreement between Collier County and the Strand Development Corporation for delinquent road impact fees relating to golf course development Developer to apply the $30,000 cash bond currently held by the County to any cash due for this delinquent fee Approve a continuing retention agreement for legal services on an "as needed" basis with the Law Firm of Fixel and Maguire, particularly relating to eminent domain proceedings. Recommendation that the Board of County Commissioners approve the Settlement in Water Equipment Services, Inc. v. Collier County, Florida, Case No. 97-4453-CA-01, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $6,500 and all claims against the County would be dismissed with prejudice. Said $6,500 settlement was arrived at 20 July 31, 2001 9) ~o) 12) 13) 14) during settlement negotiations. Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcels 171 and 771 in the Lawsuit entitled Collier County v. Dominique C. Rihs, as Trustee, et al, Case No. 01-0758-CA (Livingston Road, Project No. 60071) Staff to deposit $8,562 into the Registry of the Court Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the Easement Acquisition on Parcel Nos 703A, 803A and 803B in the Lawsuit entitled Collier County v. Naples Italian American Club, et al, Case No. 98-1672-CA- 01 (Airport Road six-laning project from Pine Ridge Road to Vanderbilt Beach Road) Staff to deposit $15,000 into the Registry of the Court Recommendation that the Board of County Commissioners approve the Stipulated Final Judgment relative to the Easement Acquisition on Parcel No. 909 in the Lawsuit entitled Collier County v. Radio Road Joint Venture, et al, Case No. 98-1396-CA (Livingston Road Extension-Golden Gate Boulevard to Radio Road) Project Staff to deposit $1,000 into the Registry of the Court Authorize the making of an Offer of Judgment to respondents, Michael H. and Linda M. Baum, for Parcel 123 in the amount of $2,100.00 in the Lawsuit styled Collier County v. Michael A. Baum, et al, Case No. 99-3687-CA (Golden Gate Boulevard Project 63041) Staff to deposit $1,000 into the Registry of the Court Approve the agreed order awarding expert fees in the amount of $11,160.27, relative to the Easement Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). Recommendation that the Board of County Commissioners approve the agreed order awarding expert fees and attorney's fees and costs relating to Parcel No. 131 in the Lawsuit entitled Collier County v. R.A.K. Development Company Inc., et al, Case No. 92-2791-CA-01- HDH (widening of Immokalee Road 66043) 21 July 31, 2001 17. Staff to deposit $11,963.20 into the Registry of the Court Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 168 in the Lawsuit entitled Collier County v. James R. Nash, et al, (Livingston Road, Project No. 60071) Staff to deposit $67,341 into the Registry of the Court 'l 6) This item has been deleted. 17) Recommendation that the Board of County Commissioners approve Amendment Number 3 to Legal Services Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. (David Weigel, County Attorney) 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 9/11/01: A. This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition SNR-2001-AR- 997, Collier County Community Development and Environmental Services, representing Collier County, requesting a street name change for a portion of Antigua Street to Samar Lane, located in Isles of Capri No. 3, in Section 32, Township 51 South, Range 26 East. Bm This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition AVPLAT2001- AR710 to disclaim, renounce and vacate the County's and the Public's interest in the 10' wide easement located along the lot line common to Lots 5 and 6, Block 1, according to the plat of"Naples Manor Lakes" as recorded 22 July 31, 2001 in Plat Book 3, Page 86 through 87, Public Records of Collier County, Florida, located in Section 29, Township 50 South, Range 26 East Res. 2001-304 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition VAC00-024 to vacate a portion of"Gator Gate" as recorded in Plat Book 7, Page 2 and to vacate a portion of"Gator Gate Unit 1" as recorded in Plat Book 7, Page 54, Public Records of Collier County, Florida, located in Section 3, Township 50 South, Range 26 East Res. 2001-305 Adopt Resolution to disband Water Management District No. 7 Res. 2001-306 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition VA-2001-AR- 848, Scott A. Lincoln, P.E., from L.A. Civil Engineering Group representing Marathon Ashland Petroleum, LLC, requesting a 3.25 foot side yard variance from the 40 foot required side yard and a 7.6 foot front yard variance from the 50 foot required front yard established for automobile service stations for the rebuilding of an existing automobile service station for a property located on East side of Tamiami Trail East at the intersection of Tamiami Trail East and Thomasson Drive in Section 13, Township 50 South, Range 25 East, Collier County, Florida Res. 2001-307 This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition ¥A-2001-AR- 814, MeAnly Engineering and Design Inc., representing Gulf Coast Development Group, LLC, requesting a 10 foot variance from the 25 foot rear yard requirement for commercial properties when abutting a residential property, to 15 feet for a property located on East side of Tamiami Trail North approximately one half mile North of Tamiami Trail and Old US-41 intersection in Section 9, Township 48 South, Range 25 East, Collier County, Florida Res. 2001-308 Continued to 9/11/01: 23 July 31, 2001 Hm This item requires that all participants be sworn in and ex parte disclosure be provided by commission members. Petition SNR2001 1017, Collier County Community Development and Environmental Services Division, representing Collier County, requesting a street name change for the proposed Extension of Livingston Road from Livingston Road to Livingston Parkway, located in Sections 1, 12, 13, 24, 25 and 36, Township 49 South, Range 25 East and in Sections 12, 13, 24, 25 and 36, Township 48 South, Range 25 East. An Ordinance creating the Vanderbilt Beach Beautification Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed 0.5 mils of ad valorem taxes per year; providing for the collection of taxes; providing for creation of the Vanderbilt Beach Beautification Advisory Committee; appointment and composition; providing for terms of office of the advisory committee; quorum; rules of procedure; providing for functions, powers and duties of the advisory committee; providing for duties of the County Manager or his designee; providing for review process of advisory committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. (Norman Feder, Transportation Services Administrator) Ord. 2001-43 Public Hearing to consider adoption of an Ordinance establishing the Pine Air Lakes Community Development District (CDD) pursuant to Section 190.055, Florida Statutes. (Stan Litsinger, Comprehensive Planning Manager, Planning Services) Ord. 2001-44 An Ordinance amending Chapter 38, Civil Emergencies, Article III, Declaration of State of Emergency, of the Collier County Code of Laws and Ordinances, also known as Ordinance No. 84-37, as amended, adding Sections 38.57 Definitions, 38.61 Use of Public Facilities as Shelters, 38.62 Power of Employees Rendering Outside Aid, 38.63 Mutual Aid Agreements, 38.64 Compensation, 38.65 Emergency Liability; amending Sections 38.59 Extent of State of Emergency and 38.68 Authorized Emergency Laws and Ordinances; providing for Conflict and Severability; and providing for an Effective Date. (Tom Storrar, Emergency Services Administrator) 24 July 31, 2001 Ord. 2001-45 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO TIlE COUNTY MANAGER'S OFFICE AT 774-8383. 25 July 31, 2001 Executive Summaries Approved in Boards Absence Summer Recess 2001 10. 11. 12. 13. 14. Approval of Budget Amendment Report - BA #01-365; #01-367. Award a Construction Contract to Better Roads Inc., to construct the proposed Livingston Road Six Laning Phase I!, from Golden Gate Parkway to the Community School Entrance North of Pine Ridge Road, and allocate $850,000 (10% of the construction cost) for contingency purposes. CIE No. 52, Project No. 60071, Bid No. 01-3241. Award Construction Engineering Inspection (CEI) Services Contract to KCCS, Inc. for the six laning of Livingston Road Phase II. Project No. 60071, CIE No. 52, RFP No. 00-3078. Approval of Budget Amendment Report - Budget Amendment #01-371; #01-372; #01-373. Approve a Budget Amendment to transfer funds into the Livingston Road (GG Pkwy to PRR) 60071 to cover increased costs for order of takings and to relocate FPL Power Poles. Approve a Budget Amendment transferring funds within the Support Services Division for the completion of assorted moves. Approve a Budget Amendment to recognize additional revenue and appropriate funds as an operating expense. Approve Emergency Purchase Order to Florida Governmental Utility Authority (FGUA) for the installation of water meters at the new Golden Gate Government Service Center. Approval of Budget Amendment Report - Budget Amendment #01-374. Approval of Budget Amendment Report - Budget Amendment #01-402, Approve Budget Amendment to increase appropriations in Capital Recovery Fund (522) to replace a vehicle destroyed by accident, using reserves and recognized insurance revenues. Authorize waiving purchasing policy to purchase gasoline and diesel fuel from Evans Oil Company without formal bidding. Board approval to purchase one (1) Medium-Duty Advanced Life Support Ambulance from American LaFrance Medic Master Corporation using the Florida Sheriff's Association Bid #00-08-0905. Approve a Change Order for redecking of boardwalks at Tigertail Beach Park. 15. 16. Approve $84,200 in funding for the replacement of a backup battery system for the Tax Collector and Property Appraiser's Building. Approval of Budget Amendment Report - Budget Amendment #01-395, ~01-391.