Recap 09/25/2001 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 25, 2001
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
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September 25, 2001
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
2. AGENDA AND MINUTES
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Approval of today's regular, consent and summary agenda as amended
Approved and/or Adopted with changes - 5/0
PROCLAMATIONS
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TIME CERTAIN 12:00 NOON. Proclaiming Tuesday, September 25,
2001 as "Naples Braves Softball Recognition Day".
Adopted - 5/0
Continued to October 9, 2001
B. Proclaiming the week of October 7-13,2001 be designated as "National 4-H
Week".
e
Ce
Proclamation recognizing the Collier County Planning Staff and the Select
Committee as the recipients of the prestigious Florida Chapter of the
American Planning Association Award of Excellence for the Community
Character Plan for Collier County, Florida.
Adopted 5/0
SERVICE AWARDS
Presented
Five Year Attendees:
1) Michael Cumm, Wastewater Collections
2) Pedro Rodriguez, Road and Bridge
3) Beverly Fields, EMS
4) James Wiggins, Utility Franchise
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September 25, 2001
5) Diana Compagnone, Planning Services
6) Karen Arnold, Public Information
7) Jeffery Coar, EMS
Fifteen Year Attendees:
8)
9)
10)
11)
12)
13)
Edward Morad, Jr., Code Enforcement
Jacinto Cervantes, Parks and Recreation
Constance Johnson, Community Development
William Flynn, Transportation Engineering
James Garn_mell, Wastewater Collections
William Bryant, Graphics Department
Twenty Year Attendee:
14) Harold Huber, Parks and Recreation
PRESENTATIONS
A. This item has been deleted.
Be
Presentation of the Annual Telly Award to the Department of Public
Information.
Presented
De
Ee
Recommendation to recognize Don Jeffery, Community Center Aide, as
Employee of the Month for August 2001.
Recognized
Recommendation to recognize Don Blalock, Technical Professional,
Community Development, as Employee of the Month for September 2001
Recognized.
Presentation to the Board of County Commissioners by State Senator Burt
Saunders and State Representative Dudley Goodlette of a Grant Award in
the amount of $130,328.00 from the Department of Environmental
Protection for the Immokalee Airport Park.
Presented
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September 25, 2001
Presentation to Denise Kirk and Jim Royce for achieving the Golden
Web Award for the Recycling website.
Presented
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
Public Comments on General Topics.
1)Al Perkins re: government issues, terrorism & voting;
2)Herb Luntz (w/Jim Thomas & John Vie) re: support from BCC to be
coordinator for the 'Greater Naples Collier County Salute to America
Parade' to held on Veteran's Day, November 11, 2001 -Approved 5/0
Public Petition request regarding Malibu Lakes PUD.
Private parties to continue negotiations to work out the problems
BOARD OF ZONING APPEALS
This item requires that all participants be sworn in and ex part,
disclosure be provided by Commission members. CU-01-AR-1156,
Robert L. Duane of Hole Montes, Inc. representing Collier County Public
Works (Utilities) Department, requesting a Conditional Use for an essential
service within the Rural Agriculture Zoning District to allow for an
expansion of the South County Water Reclamation Operation for property
located on the West side of Wildflower Way and the East side of Warren
Street, in Section 20, Township 50 South, Range 26 East, Collier County,
Florida.
Res. 2001-374 - Adopted 5/0
THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER I11
2001 BCC MEETING. This item requires that all participants be sworn
in and ex parte disclosure be provided by Commission members.
Petition VA-01-979, Terrance L. Kepple, PE, representing Shader-
Lombardo Properties, LLC, requesting an after-the-fact variance of 12.1 feet
from the distance between structures requirement as provided for in the
Vanderbilt Villas PUD from 20 feet to 7.9 feet for property located at 515
Roma Court and Lot 22, in Section 21, Township 48 South, Range 25 East,
Collier County, Florida.
Continued to October 9, 2001, at the request of the petitioner - 5/0
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September 25, 2001
8. ADVERTISED PUBLIC HEARINGS
A. This item has been deleted.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members Petition RZ-01-AR-
823, Mr. Tim Hancock of Vanassc and Daylor, LLP, representing thc Sunset
LLC, requesting a rezone from "GC" Golf Course to the "RSF-4"
Residential Single Family Zoning District to allow for a maximum of 12
single family dwelling units for property located at the Northeast end of
Forest Hills Boulevard, in Section 19, Township 50 South, Range 26 East,
Collier County, Florida, consisting of 3.51 acres more or less.
Ord. 2001-52 Adopted - 5/0
THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23, 2001
BCC MEETING. PUD-2000-21, Robert L. Duane, A.I.C.P., of Hole
Montes, Inc., representing Robert Vocisano and Angelo Favretto, requesting
a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development
to be known as Terafina PUD for a maximum of 850 residential dwelling
units, golf course, clubhouse, and a maximum of 40,000 sq. ft. of
Neighborhood Village commercial retail uses, for property located
approximately 1.5 miles East of 1-75, one mile North of Immokalee Road
(C.R. 846), in Section 16, Township 48 South, Range 26 East, Collier
County, Florida consisting of 646.5+ acres.
D. THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23~ 2001
BCC MEETING. Consolidate the Utility Standards and Procedures
Ordinance.
E. THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11
2001 BCC MEETING. This item requires that all participants be sworn
in and ex parte disclosure be provided by Commission members.
Petition PUD-2001-432 Karen Bishop of PMS, Inc. of Naples, representing
Kenco Development Inc., requesting a rezone from "PUD" Planned Unit
Development and "A" Rural Agricultural to "PUD" Planned Unit
Development known as Indigo Lakes PUD to be known as Indigo Lakes
PUD for the purpose of increasing acreage from 140.85 acres to 181.37
acres and reducing density from 3.14 to 2.43 units per acre for a maximum
of 442 residential dwelling units for property located on Collier Boulevard
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September 25, 2001
Continued
F.
(CR 951), South of the existing Oak Ridge Middle School, in Section 27,
Township 48 South, Range 26 East, Collier County, Florida.
Ord. 2001-53 Adopted w//staff stipulations - 4/0 (Commissioner
Mac'Kie abstained)
to October 9, 2001
THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11,
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10.
2001 BCC MEETING. This item requires that all participants be sworn
in and ex parte disclosure be provided by Commission members.
PUDA-2001-AR-702, Margaret Perry, AICP, of Wilson Miller Inc.,
representing Eagle Creek Properties Inc., requesting an amendment to the
Eagle Creek PUD having the effect of amending the PUD document to allow
self storage facilities and related accessory structures for the exclusive use of
Eagle Creek residents as a permitted use, for property located at 401 Tower
Road, in Section 3, Township 51 South, Range 26 East, Collier County,
Florida, consisting of 298+ acres.
BOARD OF COUNTY COMMISSIONERS
Be
Do
Appointment of members to the Collier County Planning Commission.
Res. 2001-375 appointing Lindy Adelstein, Russell A. Budd & Paul
Midney - 5/0
Appointment of members to the Hispanic Affairs Advisory Board.
Res. 2001-376 appointing Carlos Aviles & Pete Cade - 5/0
Resolution condemning cowardly and deadly terrorist actions at the World
Trade Center in New York and the Pentagon in Washington, DC.
Res. 2001-377 - Adopted - 5/0
Finalize the Annual Performance Appraisal for the County Manager and
County Attorney.
Recommend 2.5% merit increase for County Manager - Approved - 5/0
Resolution regarding Collier County's support of adequate funding for the
U.S. Farm Bill Agricultural Conservation and Stewardship Programs.
Res. 2001-378 - Adopted w/changes - 5/0
COUNTY MANAGER'S REPORT
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September 25, 2001
Added
A.
Authorize charitable solicitations by the fire districts to raise funds for fallen
fire fighters in New York City. (Staff request.)
Approved - 5/0
Moved from Item #16D2:
B. Approval of an Agreement for Fiscal Year 2001-2002 funding contribution
to the David Lawrence Mental Health Center, Inc.
Approved w/Clerk to conduct audit of funds - 5/0
11. AIRPORT AUTHORITY
12. COUNTY ATTORNEY'S REPORT
13.
14.
Ao
Recommendation for the Board of County Commissioners to consider
settlement in Dolphin Cove Development of Goodland, Inc. v. Collier
County, now pending in Certiorari Proceedings in the Second District Court
of Appeal (Case No. 2D01-3352) and also as a damages lawsuit in the
United States District Court for the Middle District of Florida (Case No.
2:01-CV-77-FTM-29DNF).
Approve settlement proposal for $4,588,000 - 5/0
Be
Recommendation for the Board of County Commissioners to consider
settlement in Collier County v. Marshall, et al, Case No. 99-2009-CA-TB,
now pending in the Twentieth Judicial Circuit Court (County's Prescriptive
Easement Claim for Miller Boulevard Extension).
Rejected settlement offer- direction to resume mediation and return w/
proposal - 5/0
OTHER CONSTITUTIONAL OFFICERS
FUTURE AGENDAS
15. STAFF AND COMMISSION GENERAL 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.
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September 25, 2001
Approved and/or adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Pelican Strand Replat 1-A".
Res. 2001-367
2)
3)
4)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Pelican Strand".
Res. 2001-368
Request to approve that the Board of County Commissioners be a
Primary (Gold) Sponsor for the 2nd Annual Planning Symposium on
Smart Growth.
To be held on November 8, 2001, at the Bonita Springs Elks Club
from 8 A.M. to 12:30 P.M. at a cost of $500
Request to approve for recording the final plat of "Carlton Lakes Unit
No. 3B".
s)
6)
7)
Request to approve for recording the final plat of"Mediterra Parcel
120", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
Subject to Construction and Maintenance Agreement, security
and stipulations.
Approval of clearing and filling for 30 residential lots in Leawood
Lakes Subdivision.
Upon issuance of a VRSFP and the posting of a $13,000
revegetation security bond.
Request to approve for recording the final plat of "Habitat Village"
and approval of the Standard Form and Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
With stipulations
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September 25, 2001
Be
8)
9)
lO)
11)
Approval of an agreement with the Economic Development Council
of Collier County, Inc. (EDC) to execute continuation of the
Economic Diversification Program and provide a contribution of up to
$400,000 for Fiscal Year 2001-02.
Recommendation that the Board of County Commissioners approve
and execute a Satisfaction of Lien arising out of an order imposing
fine/lien in Code Enforcement Board Case entitled Board of County
Commissioners v. Ronnie Parks.
The county may bid up to the amount of its judgment ($1,512,998)
w/stipulations
Authorization to amend the Consulting Services Agreement with
RWA, Inc. to include both the Rural Fringe Area Oversight
Committee and the Eastern Lands Oversight Committee for the
duration of the Rural and Agricultural Assessment Process.
Final negotiated contract not to exceed $27,300 for continuation of
consulting services for the Rural Fringe Area Assessment and
$52,500 for the Eastern Area Assessment
2001 Tourism Agreement between Collier County and the Tourism
Alliance of Collier County regarding advertising/promotion and
special events.
TRANSPORTATION SERVICES
1)
Approve Bid #01-3258 "Vanderbilt Drive Beautification Grounds
Maintenance"
Awarded to Commercial Land Maintenance, Inc.
2)
Approve Bid #01-3270 "SR90 - US41 Tamiami Trail East
Streetscape Beautification, Phase B".
Awarded to Evans Holdings, LLC, dba Landscape Florida
3)
Approval of Contract No. C-12261 with the South Florida Water
Management District (SFWMD) for cost sharing to obtain
topographic aerial mapping in the Belle Meade Basin Area (Project
No. 31012).
In the amount of $135,000
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September 25, 2001
Added
Added
4)
S)
6)
7)
8)
Request for speed limit reduction from thirty miles per hour (30
MPH) to twenty-five miles per hour (25 MPH) on all local access
streets in the Orangetree Subdivision.
Res. 2001-369 (Bounded by Immokalee Road (CR846) on the
West and Oil Well Road (CR858) on the North; estimated cost of
speed limit signs is $90)
Request Board approval of a Right-of-Way Use Agreement between
Collier County and the La Playa Hotel development.
Award of RFP 01-3253 "Installation, Maintenance, and Repair of
Traffic Signals".
Awarded to E. B. Simmonds Electric, Mid-Continent Electric and
Designed Traffic Installation
Recommendation to conceptually approve a contract amendment to
the agreement between the Board of County Commissioners and
APAC-Florida, Inc. to allow pipe replacement and repair on Golden
Gate Boulevard. (Staff request.)
Adopt a resolution authorizing the acquisition by condemnation of a
fee simple interest in real property for the construction of roadway
improvements for the phase two Livingston Road project from Golden
Gate Parkway to north of Pine Ridge Road, CIE No. 52 (Project No.
60071) (Staff request.)
Res. 2001-370
C. PUBLIC UTILITIES
1)
2)
3)
Approve Annual Rate Resolution to adjust Landfill Tipping Fees,
Transfer Station Fees, Residential Annual Assessments and
Commercial Waste Collection Fees for FY2001/2002.
Res. 2001-371
Amend Professional Services Agreement with Hazen and Sawyer, PC
for Engineering Services related to the North County Water
Reclamation Facility, Projects 73031/73067/73077/73950.
Approve Tourism Agreement with the City of Naples for Beach
Maintenance and Inlet Management Projects.
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September 25, 2001
Added
De
For 1) Doctors Pass Inlet Monitoring and 2) South Gordon Drive
T-Groin Monitoring
4)
Status of Near-Term Capacity Improvements at the South County
Water Reclamation Facility, Project 73128.
s)
Approve Budget Amendments for the Collier County Water/Sewer
District to recognize additional loan proceeds for the construction of
the North County Water Reclamation Facility 5-MGD Expansion,
Project #73031.
6)
Approve a budget amendment for beach cleaning related to Tropical
Storm Gabrielle. (Staff request.)
PUBLIC SERVICES
1) Acceptance of Library Current Year Action Plan and approval of
Library State Aid Application.
Moved to Item#10B
2) Approval of an Agreement for Fiscal Year 2001-2002 funding
contribution to the David Lawrence Mental Health Center, Inc.
E. SUPPORT SERVICES
1)
2)
3)
Direct and authorize the County Manager to modify the existing Pay
Plan to include an additional pay grade.
Pay Grade 36 to accommodate the new classification of Deputy
County Manager
Award of Bid No. 00-3137 and Annual Agreements for Title
Commitments.
Add First Title and Abstract, Inc. and Attorneys' Title Insurance
Fund, Inc.
Approval of the purchase of Property and Casualty Insurance and
related services for FY2002.
As outlined in the Executive Summary; total expected costs for
insurance coverages are $5,681,114
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September 25, 2001
F. EMERGENCY SERVICES
1)
Approve a Budget Amendment in the Emergency Medical Services
Fund 490 to appropriate additional revenue and reserves.
2)
Adopt a Resolution authorizing the Acceptance of an Agreement
between the Florida Department of Community Affairs and Collier
County regarding monies available in the Emergency Management
Preparedness and Assistance Trust Fund
Res. 2001-372; Agreement #02CP-04-09-21-01-011
3)
Approve a Budget Amendment to recognize and appropriate
additional revenue in the Isles of Capri Fire Department Fund (144).
COUNTY MANAGER
1)
2)
Payment Authorization (Patterson Boulevard Fire-May 18-22, 2001).
Approved by the County Manager in the Boards Absence.
Approval of Budget Amendment Report - Budget Amendment #01-
516.
He
3)
To adopt a Resolution approving amendments to the Fiscal Year
2000-01 Adopted Budget.
Budget Amendment Res. 2001-01 (BAR)
AIRPORT AUTHORITY
Jo
BOARD OF COUNTY COMMISSIONERS
1)
Commissioner request for approval for payment to attend NAACP
Annual Banquet.
For Commissioners Mac'Kie, Colletta, Fiala & Henning in the
amount of $50.00/per to be held on October 13, 2001.
MISCELLANEOUS CORRESPONDENCE
1)
Certificate of Correction: NEED MOTION authorizing the
Chairman to sign Certificate of Correction to the tax rolls as presented
by the Property Appraiser's Office. RECOMMEND APPROVAL.
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September 25, 2001
2) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1)
Department of Transportation Highway Safety Fund Grant
Application Immokalee D.U.I. Enforcement Project.
For Fiscal Year 2001-02
2)
3)
Department of Transportation Highway Safety Fund Grant
Application Traffic Safety Grant.
For Fiscal Year 2001-02
To adopt a Resolution authorizing the borrowing of an amount not to
exceed $8,120,000 from the pooled Commercial Paper Loan Program
of the Florida Local Government Finance Commission pursuant to the
Loan Agreement between the Board of County Commissioners and
the Commission in order to finance the acquisition and construction of
the Immokalee Jail Facility to be located within the County;
authorizing the execution of a loan not or notes to evidence such
borrowing; agreeing to secure such loan note or notes with a covenant
to budget and appropriate legally available non-ad valorem revenues
as provided in the Loan Agreement; authorizing the execution and
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date.
Res. 2001-373
L. COUNTY ATTORNEY
1)
2)
Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 112 in the Lawsuit entitled Collier County v.
Faith Bible Church of Naples, Inc., et al, (Immokalee Road, Project
No. 69101)
Staff to deposit $18,289.24 into the Registry of the Court
Approve the Agreed Order awarding expert fees in the amount of
$20,000.00, 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).
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September 25, 2001
3)
4)
Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 250/250T in the Lawsuit entitled Collier County
v. Juan C. Zamarripa, et al, (Golden Gate Boulevard, Project No.
63041).
Staff to deposit $200 into the Registry of the Court
Recommendation to approve a Budget Amendment in the amount of
no more than $13,756.45 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.
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.
Ordinance amending Collier County Ordinance 86-72, which created the
Sabal Palm Road Extension Municipal Service Taxing and Benefit;
providing for inclusion in the Code of Laws and Ordinances; providing for
conflict and severability; and providing an effective date.
Ord. 2001-51
18.
To adopt a Resolution approving amendments to the Fiscal Year 2000-01
Adopted Budget.
Budget Amendment Res. 2001-02 (BAR)
ADJOURN
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September 25, 2001
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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September 25, 2001