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Recap 01/22/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 22, 2002 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 1 January 22, 2002 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. e LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Marty Green, East Naples United Methodist Church AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 PROCLAMATIONS e Al, Proclamation to recognize RSVP Volunteer Organization. by Ms. Sharon Downey, RSVP Project Director. Adopted - 5/0 To be accepted gJ Proclamation for the Celtic Festival Weekend. To be accepted by Joseph Stude, Mike Ward and Mike Joynt. Adopted - 5/0 Proclamation for the National Jaycee Recognition Week. To be accepted by Angela Robinson, Naples Jaycees Chairman of the Board and Daniel Malinowski, Naples Jaycees President. Adopted- 5/0 SERVICE AWARDS Presented Five-Year Attendees: 1) Jane Martin, Library 2 January 22, 2002 Edward Sturgis, Parks and Recreation John Clements, Building Review Keith Wilt, Wastewater Ten-Year Attendees: 5) Gail Bonham, County Attorney Fifteen-Year Attendees: Se 6) Adelaide Duffy, Solid Waste Twenty-Year Attendees: 7) Sue Filson, Board of County Commissioners PRESENTATIONS Presentation of the EMS Phoenix Awards. Presented Be Presentation to the Transportation Division to award Sponsor of the Year Awards for the Adopt-A-Road Program administered by the Road and Bridge Section of the Transportation Operations Department. Presented e PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS Public Comments on General Topics 1) 3) 4) 5) 6) 7) 8) 9) Vera Fitz-Gerald re traffic from the Granada Shopping Center A1 Newman re trucks on 108 th Avenue North Lou Newman re traffic on 108th Avenue North Corey McNut re traffic on 108th Avenue North George LaBanca re traffic on 1 oath Avenue North Brenda Kaiser re traffic on 107th and 108th Avenue North Loretta LaLue re traffic calming on 107th and 108 Ave. North Sally Barker re Dover Kohl Study and Naples Park Carol Lawford re traffic on 108th Avenue North 3 January 22, 2002 e lO) 11) 12) Sal Fucarelli re traffic on 108th Avenue North Ty Agoston re sales tax and Florida Forever Bob Krasowski re zero waste/Collier County Be Public Petition request by Ms. Charlotte Byers to discuss reopening of 108th Avenue North. Did not speak Public Petition request by Ms. Vera Fitz-Gerald to discuss configuration of 107th and 108th Avenue North. Comments made under item #6A BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 12, 2002 BCC MEETING. Petition PUDA-2001-AR-1494, Cindy A. Penney, of PMS, Inc., of Naples, representing Kenco Development Inc., requesting a rezone from PUD to PUD to be known as the Richland PUD for the purpose of reducing the maximum number of dwelling units from 650 to 400 and increasing the commercial acreage from 21.8 acres to 25 acres for property located on the southeast comer oflmmokalee Road and Collier Boulevard (CR 951) in Section 27, Township 48 South, Range 46 East, Collier County, Florida. (Staff's Request) B. THIS ITEM HAS BEEN CONTINUED TO THE MARCH 12, 2002 BCC MEETING. Petition PUDA-2001AR-431, Tim Hancock, AICP, representing Park East Development Ltd., requesting an amendment to the Founders Plaza PUD by updating the existing PUD for the purpose of including language that permits additional retail and commercial uses on parcels that exceed 150' in depth for property located on both sides of Golden Gate Parkway at the Santa Barbara Canal Crossing in Golden Gate City, Section 28, Township 49 South, Range 26 East. (Petitioner's Request) Moved from Item #17A: C. This item requires that all participants be sworn in and ex partt; disclosure be provided by Commission members, CU-2001-AR-1411, Anita L. Jenkins, AICP, of Wilson Miller, requesting conditional use for a fire station, per Section 2.6.9.2 Essential Services of the Collier County 4 January 22, 2002 Land Development Code, on property located on the east side of the Livingston Road right-of-way and approximately 1.75 miles north of Immokalee Road and .25 miles south of future Livingston Road E/W right- of-way in Section 13, Township 48 South, Range 25 East. Res.2002-44 Adopted-5/0 9. BOARD OF COUNTY COMMISSIONERS Ae Be Ce De Ee Added: F. Appointment of member to the Parks and Recreation Advisory Board. Res.2002-45 appointing Charles M. McMahon, Sr. Adopted-5/0 Appointment of members to the Golden Gate Estates Master Plan Ad Hoc Advisory Committee. Res.2002-46 appointing Robert Dtlcharme and Ann Ward Adopted-5/0 Appointment of members to the County Government Productivity Committee. Res.2002-47 appointing Dexter R. Groose and reappointing James R. Gibson, Jr., Janet Vasey, James Homer and Jean Ross-Franklin Adopted-5/0 Appointment of members to the Ochopee Fire Control District Advisory Committee. Res.2002-48 appointing Htlgo C. Sims and Councilman David Loving and reappointing John L. Pennell Adopted-5/0 Resolution regarding anti-terrorism legislation. (Commissioner Coyle) Res.2002-49 Adopted-5/0 Request Board direction for staff to negotiate an agreement with Dr. Leonard Ferenz, Ph.D and International College to conduct an ethics audit. Direct Staff to come up with a particular plan to review current materials and work with Dr. Ferenz and bring back clear recommendations to the BCC within 2 to 4 weels - Approved 5/0 10. COUNTY MANAGER'S REPORT 5 January22,2002 Ae Approval of modified 2002 Tourism Agreement with the Naples Botanical Gardens Inc. (Joseph K. Schmitt, Administrator, Community Development) Approved-5/0 B. This item has been deleted. C. This item has been deleted. De Approve request to authorize the Settlement Agreement between Collier County and the Engineering Firm of Hole Montes, Inc., for costs related to the design and construction of Immokalee Road. (Norman Feder, Administrator, Transportation Services) Approved-5/0 Ee Resolution opposing continued diversion and/or reduction of funds by the Legislature from the Florida Forever Program and calling for the timely replacement of funds diverted in the 2001 Regular Legislative Session. (Ramiro Manalich, County Attorney) Res.2002-50 Adopted-5/0 w/changes Response to Board request for additional information related to the North County Water Reclamation Facility Flow Equalization Tanks, Project 73077. (Tom Wides, Interim Administrator, Public Utilities) Staff recommendation Approved - 5/0 G. Create an Advisory Committee to assist with the hiring of the Hearing Examiner Position. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2002-51 Adopted - 5/0 with changes II. TIIIS ITEM WAS CONTINUED FROM THE JANUARY 8~ 2002 BCC MEETING. Request to approve for recording the final plat of "Olde Cypress Tract 12". (Joseph K. Schmitt, Administrator, Community Development) Staff Recommendation Approved - 5/0 Moved from Item #16Bl: I. Status report to the Board on the Davis Boulevard Phase II Median Landscaping Project (Airport Pulling Road to Heritage Trail) and to request direction to proceed with the refurbishment. Approved - 5/0 6 January 22, 2002 Moved from Item #16El: J. Approval of a contract for professional lobbyist services with Arnold and Blair, L.C. Continued to January 29th- prior to Strategic Planning Meeting - 4/1 (Commissioner Carter opposed) AT MEETING OF JANUARY 29, 2002, CONTRACT APPROVED 1N AMOUNT OF $50,000 - 5/0 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. A® Request for Board direction regarding a letter purportedly sent pursuant to Section 163.3215, Fla. Stat., complaining that the Bucks Run PUD (Ordinance No. 2001-67) is not consistent with Policy 5.4 of the Future Lane Use Element of the County's Growth Management Plan. (County Attorney) Previous action of 12/18/2001 acknowledged and BCC determined that Bucks Run PUD is consistent with Policy 5.4 - Approved 5/0 OTHER CONSTITUTIONAL OFFICERS 14. FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Legislative update presented by Commissioner Carter B. Commissioner Coletta noted that Commissioner Fiala selected as MPO Chairman C. Commissioner Coletta noted that Commissioner Carter selected as Chairman of the Southwest Florida Regional Planning Council 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 w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 7 January 22, 2002 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Sabal Lake Unit Two". Res. 2002-11 2) This item was deleted. 3) This item was deleted. 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Quail Walk Phase Four". Res. 2002-12 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Longshore Lake Unit 4". Res. 2002-13 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Longshore Lake Unit 5C". Res. 2002-14 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Longshore Lake Unit 5D". Res. 2002-15 8) Approval of a sub-recipient agreement with David Lawrence Mental Health Center, Inc., to undertake a rehabilitation project at five (5) Collier Housing Alternatives Residences using $47,000 of the County's Community Development Block Grant (CDBG) funding. The Board of County Commissioners approved this project as a part of the County's consolidated plan FY01-02 One-Year Action Plan on May 8, 2001. 9) Adopt Resolutions enforcing liens on properties for code violations. Res. 2002-16 through 2002-22 10) Approve funds from development fees in the amount of $220,000 to develop and implement handheld PC wireless technology with the required hardware purchases for use by our building inspectors. 8 January 22, 2002 11) 12) 13) 14) 15) ]6) 17) 18) A Resolution supporting F.N.B. Corporation as a qualified applicant pursuant to s.288.106, Florida Statutes; and providing an appropriation of $45,000 as local participation in the qualified Target Industry Tax Refund Program for Fiscal Year (s) 2003 through 2007, and providing for an effective date. Res. 2002-23 w/changes A Resolution supporting Arthrex Metal Works Inc., as a qualified applicant pursuant to s.288.106, Florida Statutes; and providing an appropriation of $48,000 as local participation in the qualified Target Industry Tax Refund Program for Fiscal Year (s) 2003 through 2006, and providing for an effective date. Res. 2002-24 A Resolution supporting Arthrex Inc. as a qualified applicant pursuant to s.288.106, Florida Statutes; and providing an appropriation of $44,800 as local participation in the qualified Target Industry Tax Refund Program for Fiscal Year (s) 2004 though 2011, and providing for an effective date. Res. 2002-25 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Silver Lakes Phase Two- B,,. Res. 2002-26 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Silver Lakes Phase Two-D". Res. 2002-27 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Silver Lakes Phase Two-E". Res. 2002-28 Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Silver Lakes Phase Two-F". Res. 2002-29 Request to approve for recording the final plat of "Majorca Unit Two at Fiddler's Creek". 9 January 22, 2002 Added: Be 19) 2o) CARNY-2001-AR- 1905, Raymond Holland, President, Collier County Agricultural Fair and Exposition Inc., requesting a carnival permit to conduct the Collier County Annual Fair on February 1 through 9, 2002, at the Fair Grounds located on Immokalee Road. Carnival Permit CP-2002-02 with waiver of Carnival Fee, Occupational License and Surety Bond. Recommendation that the Board of County Commissioners authorize staff to prepare a Scope of Services and issue a request for proposal for the development of the Naples Park Community Plan. 21) CARNY-2001-AR-1852, Duane Wheeler, Carnival Chairman, Rotary Club of Immokalee, requesting a permit to conduct a carnival on January 24, 2002 through January 27, 2002 on County-owned property at the Immokalee Regional Airport. Carnival Permit CP-2002-03 TRANSPORTATION SERVICES Moved to Item #10I: 1) Status report to the Board on the Davis Boulevard Phase II Median Landscaping Project (Airport Pulling Road to Heritage Trail) and to request direction to proceed with the refurbishment. C. PUBLIC UTILITIES 1) 2) Approve the piggybacking of a Hillsborough County Contract for liquid sludge management services with Azurix North American for the estimated amount of $138,500. Adopt a Resolution and approve a Declaration of Easement for three water well house sites to be located within a portion of right-of-way acquired for the future extension of Vanderbilt Beach Road. Res. 2002-30 3) Amend Work Order HAA-FT-00-02 for Professional Engineering Services related to noise issues at the North County Regional Water Treatment Plant, Project 70063, in the additional amount of $104,500, payable to Hartman and Associates Inc. 10 January 22, 2002 4) 6) Approve a change order to professional engineering services work order with Metcalf and Eddy, Inc. for new test wells related to the North County Regional Water Treatment Plant Reverse Osmosis Raw Water Supply in the amount of $330,000, Project 70075. (This is a shift of funds from one phase of the total project to facilitate fast- tracking.) Approve Disaster Relief Funding Agreement between Florida Department of Community Affairs and Collier County for reimbursement of Tropical Storm Gabrielle Beach Recovery Costs. Award Bid #01-3297 to furnish and deliver emulsion polymer for sludge dewatering for the Water Reclamation Facility, estimated amount $108,000. Awarded to Fort Bend Services 7) 8) Approve committee selection of firms for contract negotiations for RFP 02-3313 "Professional GIS Services for Collier County". As Contained in the Executive Summary 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Res. 2002-31 9) 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Res. 2002-32 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Res. 2002-33 11 January 22, 2002 ii) 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. 2002-34 12) 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. 2002-35 De i3) 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. PUBLIC SERVICES E. ADMINISTRATIVE SERVICES Moved to Item #10J: 1) Approval of a contract for professional lobbyist services with Arnold and Blair, L.C. 2) Approval of the attached three Resolutions outlining Operational Guidelines for the County's Land Rights Acquisition Program and authorizing the Board of County Commissioners' Chairman, during the 2002 Calendar Year, to execute certain documents required in connection therewith. Res. 2002-36 through 2002-38 3) Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, during the 2002 Calendar Year to execute agreements, deeds and other documents required for the sale of GAC Land Trust Property. Res. 2002-39 4) Approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute limited use Bare (limited use) License Agreements during the 2002 Calendar Year. '12 January 22, 2002 Res. 2002-40 5) Reject Bid received on Bid #02-3300 "Pre-Employment Physicals and Drug Testing". 6) Approval of a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute deeds and agreements for Deed to Right of Interment for the purchase of burial lots at Lake Trafford Memorial Gardens Cemetery during the 2002 Calendar Year. Res. 2002-41 F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Award Contracts (RFP #02-3317) "Consultant Services for the Preparation of a new Law Enforcement Impact Fee and an update to the existing Correctional Facilities Impact Fee" in the amount of $60,000. Awarded to Henderson, Young & Co H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to be filed for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Collier County Board of County Commissioners amend Resolution 95-552, the Investment Policy to Recognize Changes in the Market and Revisions to Florida Statute 218.415 "Local Government Investment Policies", since the adoption of the Resolution. Res. 2002-42 13 January 22, 2002 L. COUNTY ATTORNEY 1) 2) 3) Recommendation that the Board of County Commissioners enter into a stipulated judgment in the Case of Hanson v. Caxambas Equity Co., Ltd., Case No. 00-2238-CA-TB, in the Circuit Court for the Twentieth Judicial Circuit, Naples, Florida. Approve the stipulated final judgment relative to the easement acquisition of Parcels 169 and 769 in the Lawsuit styled Collier County v. Fred R. Sutherland, et al, Case No. 01-0756-CA. Project No. 60071. Staff to deposit $8,501.50 into the Registry of the Court Approve the agreed order awarding expert fees as to Parcels 247 and 247T in the Lawsuit entitled Collier County v. Tony Barry, et al, (Golden Gate Boulevard, Project No. 63041). Staff to deposit an additional $13,793.93 into the Registry of the Court 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. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. Moved to Item #8C: A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1411, Anita L. Jenkins, AICP, of Wilson Miller, requesting conditional use for a fire station, per Section 2.6.9.2 Essential Services of the Collier County Land Development Code, on property located on the east side of the '14 January 22, 2002 Be Livingston Road right-of-way and approximately 1.75 miles north of Immokalee Road and .25 miles south of future Livingston Road E/W right- of-way in Section 13, Township 48 South, Range 25 East. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2001-AR1559 to disclaim, renounce and vacate the county's and the public's interest in a portion of the 10' wide drainage easement located along the west line of Lots 218 and 219, according to the plat of "Stonebridge Unit 5" as recorded in Plat Book 30, Page 76 through 77, Public Records of Collier County, Florida. Located in Section 26, Township 48 South, Range 25 East. Res. 2002-43 Continued to February 26, 2002: C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2001-AR-1420, William L. Hoover, AICP, Hoover Planning and Development, Incorporated, representing Pastor Colin Rampton of the Seventh Day Adventist Church, requesting conditional uses "7" and "11" of the "A- MHO" Rural Agricultural Zoning District/Mobile Home Zoning Overlay, for a church and child care center on property located at the northwest comer of Lilac Lane and Immokalee Road in Section 23, Township 47 South, Range 27 East. D. THIS ITEM HAS BEEN CONTINUED TO THE FEBRUARY 12~ 2002 BCC MEETING. Petition CU-2001-AR-1620, James Weeks, requesting Conditional Use "7" of the "E" Estates zoning district for an earthmining per Section 2.2.3.3.7 of the Land Development Code for property located on Desoto Boulevard North, between 29th Avenue NE and 31 st Avenue NE on eastside of Desoto, further described as Tract 143, Golden Gate Estates, Unit 67, in Section 21, Township 48 South, Range 28 East, Collier County, Florida, consisting of 6.62+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 January 22, 2002