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Recap 06/25/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ~ AGENDA June 25, 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 PRESENT A TION 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. 1 June 25, 2002 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, (239) 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 A. Approval of to day'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 B. May 14, 2002 - Regular Meeting Approved as presented - 5/0 3. PROCLAMATIONS A. Proclamation observing July 7 - 13,2002 as Parks and Recreation Month. To be accepted by Marla Ramsey, Parks and Recreation Director. Adopted - 5/0 B. Proclamation to support and recognize Independence Day 2002. To be accepted by Herb Luntz. Adopted - 5/0 2 June 25, 2002 C. Proclamation recognizing Tom Olliff, County Manager, for his leadership role in making Collier County a better place to live and work. To be accepted by Tom Olliff. Adopted - 5/0 4. SERVICE AWARDS Presented FIVE-YEAR ATTENDEES: 1) Elaine Ayres, Pollution Control 2) Maria Corzo, Community Development 3) Susan Alden, Housing and Urban Development 4) Susan Mason, Code Enforcement 5) Denise Kirk, Solid Waste 6) Susan Usher, Office of Management and Budget FIFTEEN-YEAR ATTENDEES: 7) Patrick Webb, Facilities 8) Willie Bullard, Transportation Operations TWENTY-YEAR ATTENDEES: 9) Joseph Chirico, Transportation Operations TWENTY-FIVE YEAR ATTENDEES: 10) Robert D. Mayberry, Ochopee Fire Department 5. PRESENTATIONS A. Recommendation to recognize Lynn Clarke, Special Populations Coordinator, Parks and Recreation, as Employee of the Month for 3 June 25, 2002 June 2002. Recognized 6. PUBLIC PETITIONS A. Public Petition request by Dex Groose to discuss Pine Ridge Road Landscaping from Airport Road to 1-75. See Note on Items 10C, 10 F and lOG. To be placed on Future Agenda Continued to July 30, 2002 Meeting: B. Public Petition request by Calvin Etnoyer to discuss impact fee assessed on mobile home. C. Public Petition request by Dawn Malburg to discuss Planned Roads in Eastern Golden Gate Estates. To be placed on Future Agenda 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been deleted. B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Companion Item: DOA-2002-AR-2299: Petition PUDA-2002-AR-2298, Alan Reynolds of Wilson Miller, Inc. and George L. Varnadoe of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Lamar Gable of Barron Collier Company, Ltd., requesting an amendment to the "Winding Cypress" Planned Unit Development (PUD), for the purpose of reducing the total number of approved dwelling units 2,892 to 2,300 units; reducing the project density from 1.5 units per acre to 1.2 units per acre; reducing the number of golf course holes from 45-holes to 18-holes; increasing the preserve area from 713 acres to 795 acres; revising the master plan to reflect these changes; and revising the development standards to allow for adjustments to the currently approved 30,000 square feet of floor area for the Village Center to allow a 5,000 square foot increase to the amount of recreation space while the amount of approved office space is 4 June 25,2002 decreased by the same amount for property located at the Northeast quadrant of Collier Boulevard (CR 951) and the Tamiami Trail (US 41) in Sections 26,34,35,2 and 3, Township 50 and 51 South, Range 26 East, Collier County, Florida. Ordinance 2002-35 - Adopted 5/0 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Companion Item: PUDA-02-AR-2298: Petition DOA-2002-AR-2299, Alan Reynolds of Wilson Miller, Inc., and George L. Varnadoe of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Lamar Gable of Barron Collier Company, Ltd., requesting an amendment to the "Winding Cypress" Development of Regional Impact (DRI), for the purpose of reducing the total number of approved dwelling units; reducing the project density; reducing the number of golf course holes; increasing the preserve area; revising the development standards; and revising Section 2.0, Historical and Archaeological, Paragraph D, of the Development Order to eliminate language requiring that the developer seek registration of sites in the National Register of Historic Places for property located at the Northeast Quadrant of Collier Boulevard (CR 951) and the Tamiami Trail (US 41) in Sections 26,34,35,2 & 3, Township 50 and 51 South, Range 26 East, Collier County, Florida. Resolution 2002-302/Development Order 2002-01 - Adopted 5/0 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2002-AR- 2487, Vincent A. Cautero, AICP, of Wilkison and Associates, representing The Gilbros Company, requesting a rezone from "A" Rural Agricultural to "RSF-5 (3)" for a single-family subdivision located on the west side of Greenway Road, approximately 1 mile north of US 41 and approximately 3 Y2 miles east of Collier Boulevard (CR 951), in Section 12, Township 51 South, Range 26 East, Collier County, Florida, consisting of 26.4 acres. Ordinance 2002-36 - Adopted with changes 5/0 E. This item has been deleted. F. Recommendation that the Collier County Board of County Commissioners review proposed amendments to the Capital 5 June 25,2002 Improvement Element; Transportation Element; and Future Land Use Element of the Collier County Growth Management Plan and forward transmittal to the Department of Community Affairs. Complete copy of back-up material is available in the Community Development and Environmental Services Department, Horseshoe Drive. Res. 2002-303 Adopted w/changes - 3/2 (Commissioners Fiala and Carter opposed) Move from Item #17D: G. Adoption of a Resolution amending the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended by the Collier County Consolidated Impact Fee Ordinance, as amended. Resolution 2002-304 Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the I-75/Golden Gate Parkway Ad Hoc Advisory Committee. Resolution 2002- 305 appointing James G. O'Gara - Adopted 5/0 B. Appointment of member to the Radio Road Beautification Advisory Committee. Resolution 2002- 306 appointing Helen Carella - Adopted 5/0 C. Appointment of member to the Bayshore/ Avalon Beautification MSTU Advisory Committee. Resolution 2002-307 appointing Edmund J. McCarthy - Adopted 5/0 D. Appointment of members to the Collier County Housing Finance Committee. Resolution 2002-308 appointing Michael J. Carr, Sr., George C. Mohlke, Jr. & reappointing John T. Conroy, Jr. - Adopted 5/0 E. Discussion regarding commercial property maintenance and Code Enforcement authority. (Commissioner Fiala) Staff to review and bring back suggestions - 4/0 (Commissioner Henning out) 6 June 25,2002 F. This item has a time certain of 10:00 a.m. Report on the activities of the Workforce Housing Advisory Committee. (Commissioner Fiala) Presented G. Request by the Pelican Bay MSTBU Advisory Committee to appoint a replacement member. Resolution 2002-309 appointing Ed Staros - Adopted 4/0 (Commissioner Henning out) H. Request that the Board of County Commissioners reconsider its June 11 th action regarding Item 10C, "Request Board provide staff with direction in regard to landscape maintenance on Devonshire Boulevard." See Note on Items 10C, 10F and lOG. (Commissioner Coyle) To be reconsidered on September 10,2002 - 3/2 (Commissioners Fiala and Henning opposed) I. Discussion regarding Contract Change Order Policy. (Commissioner Coyle) Staff to review change order process, incorporate into policy and come back to the Board - (Consensus) 10. COUNTY MANAGER'S REPORT A. This item has a time certain of 10:10 a.m. Report to the Board by Keith Arnold regarding the 2002 Legislative Session. Presented B. 2002 Hurricane Update presentation. Presented C. Status report for the Board's review of the interchange enhancement recommendations requested by the Golden Gate/I-75 Ad Hoc Beautification Committee. Note: It is requested that this item be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation Services) Continued to 7/30/02 - 5/0 7 June 25,2002 D. Recommendation that the Board of County Commissioners enter into an Agreement with DHR International in the amount of$15,000 to obtain qualified candidates for the position of Collier County Manager. (Jeff Walker, Director, Employee Services) Jim Mudd appointed as County Manager, effective July 15, 2002, with negotiated contract to be brought back to the Board on 7/30/02; prior Board action re selection process rescinded; and authorization for Mr. Mudd to have the option to utilize the search firm for his chief operating officer - 4/1 (Commissioner Henning opposed) E. Adopt a Resolution giving priority to the acquisition of additional right-of-way along the "951 Corridor". (Norman Feder, Administrator, Transportation Services) Res. 2002-311 Adopted 4/1 (Commissioner Fiala opposed) F. That the Board consider a request from the Livingston Road Phase II Beautification MSTU Advisory Committee for support for the beautification of Livingston Road Phase II. Note: It is requested that this item be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation Services) Continued to 7/30/02 - 5/0 G. Approve an Addendum to the Landscaping Installation and Maintenance Highway Agreement with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida; authorizing the Chairman to expand the boundaries of the existing US 41 North Phase I Agreement to Vanderbilt Beach Road. Note: It is requested that this item be continued and discussed at the follow-up discussions for Items 6A and 9H. (Norman Feder, Administrator, Transportation Services) Continued to 7/30/02 - 5/0 H. Appeal to Board of County Commissioners of Town Market Project Administrative Sign Permit Revocation; Mr. George Chami/Kenneth B. Cuyler, Esquire. (Joseph Schmitt, Administrator, Community Development) Approval to reinstate original permit - 5/0 8 June 25, 2002 I. To approve the Applied- for- Transfer of the Cable Television Franchise from Comcast Corporation to AT&T Comcast Corporation. (Joseph Schmitt, Administrator, Community Development) Res. 2002-314 Adopted - 5/0 Moved from Item #16AI9: J Approve the Settlement Agreement to compromise lien imposed in Code Enforcement Case entitled Collier County v. Juan and Veronica Barnhart, CEB Case No. 99-030. Approved w/conditions - 5/0 Moved from Item #16B4: K. Award RFP 02-3346 - Standardization of Decorative County Street Lights to Consolidated Electric Distributors Inc Approved as originally selected - 5/0 Moved from Item #16BI3: L. Direction for the County Attorney to prepare a Written Notice of Termination of the Interlocal Agreement between the Board of County Commissioners of Collier County and the City Council of the City of Marco Island, dated January 19, 1999, which provides for the collection of County Impact Fees by the City Government, the percentage distribution between the two entities of road impact fees collected by the City, and reimbursements from the County to the City for Administrative Costs associated with the collection of County Impact Fees other than those for roads; and authorization for the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners; and direction for staff to commence negotiation of a new Interlocal Agreement. Approved subject to Board action on July 30, 2002 - 4/1 (Commissioner Fiala opposed) Moved from Item #16BI8: M. Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 600 IS). Estimated Fiscal Impact: $5,732, I 06. Res. 2002-312 Adopted 5/0 9 June 25, 2002 Moved from Item #16Dl: N. This item continued from the June 11~ 2002 BCC Meetin2. Approve a Resolution and a License Agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri. Res. 2002-310 Adopted 5/0 Moved from Item #16Dl1: O. This item was continued from the June lL 2002 BCC Meetin2. Approve changes to the Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. Approved - 4/1 (Commissioner Coyle opposed) Moved from Item #16DI2: P. Approve the purchase ofa 0.14-acre lot for a neighborhood park in Isles of Capri at a total cost of approximately $Sl, 700 Approved - 5/0 Added: Q. Approval of Recommended FY-03 Budget Adjustments. County Manager to bring back for further discussion on July 30, 2002 (Consensus) Moved from Item #16D6: R. Amend the Parks and Recreation Department Facilities and Outdoor Area License and Fee Policy (FY 03 Increased Revenue of $577,000). Res. 2002-313 Adopted w/amendment to eliminate beach parking fee - 4/1 (Commissioner Coyle opposed) Moved from Item #16E6: S. Request Board approval to purchase equipment and services necessary to add two (2) additional tower sites to the County's SOO MHz Radio System at a cost of$1,400,000 financed over five (5) years. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Memo from Chuck Mohlke re the new precinct lines. B. Mr. Phil Mudrak re County Manager selection and suggestion that the BCC meetings being aired via radio. 10 June 25, 2002 12. COUNTY ATTORNEY'S REPORT A. Closed Attorney-Client Session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and/or strategy related to Litigation Expenditures in Shader-Lombardo Investments, LLC v. Collier County, Case No. 01-4135-CA-HDH, now pending in the Circuit Court for the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Session commenced in the BCC Conference Room B. Recommendation that the Board of County Commissioners approve a Settlement Proposal for Shader-Lombardo Investments, LLC v. Collier County, Case No. 01-4135-CA-HDH, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Recommendation of County Attorney Approved w/changes - 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 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. Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of an agreement with City of Naples to undertake construction of new River Park Community Center using $750,000 ($250,000 per year for three years) of the County's 11 June 25, 2002 Community Development Block Grant (CDBG) funding. The Board of County Commissioners approved this project as a part of the County's Consolidated Plan FYOI-05 on May 8,2001. 2) Approval of an agreement with City of Marco Island to undertake construction of Tallwood Street Storm Water Drainage System using $750,000 ($250,000 per year for three years) 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 FYOI-05 on May 8, 2001. 3) Request to approve for recording the final plat of "Pine Air Lakes Unit Four". 4) Approve a Budget Amendment recognizing the Fiscal Year 2003 State Housing Initiatives Partnership (SHIP) Program Budget. 5) Final acceptance of sewer utility franchise for Westview Plaza. Release of Utilities Performance Security to the Project Engineer or the Developer's designated agent 6) Approve 2002 Tourism Agreement with Marco Island Film Festival for Tourist Development Special Event Grant of $96,000, as recommended by the Tourist Development Council. 7) Request to approve for recording the final plat of "Mediterra Parcel 113", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations 8) This item has been deleted. 9) Petition A VESMT200I-ARI147 to vacate, renounce and disclaim a portion of the easement for public road right-of-way recorded in Official Record Book 1319, Page 1638, Public Records of Collier County, Florida. Located in Section 4, Township 49 South, Range 26 East. 12 June 25, 2002 Resolution 2002-274 10) Recommendation to approve Commercial Excavation Permit No. 59.522 (MOD), "Quail West Offsite Hauling," located in Section 8, Township 48 South, Range 26 East; bounded on the North by Parkland West PUD (Lee County), on the South by Terafina PUD on the West by Quail West PUD and on the East by Mirasol PUD. With stipulations 11) Petition A VESMT2002-AR1995 to disclaim, renounce, and vacate the County's and the Public's interest in a parcel of land conveyed to Collier County as a utility easement, recorded in Official Record Book 2896, Pages 3146 through 3150, Public Records of Collier County, Florida. Located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2002-275 12) Requesting the Board of County Commissioners authorize the Chairman to issue a Letter of Support for the current Comprehensive Economic Development Strategy, to be submitted to the U.S. Economic Development Administration by the Southwest Florida Regional Planning Council on behalf of their members. 13) Request to approve for recording the final plat of "Jellystone Park" . 14) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Shores at Berkshire Lakes Phase Two-A". Resolution 2002-276 15) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Shores at Berkshire Lakes Phase Two-B". Resolution 2002-277 16) Approval of Contract #02-3317 in the amount of $39,575 with Henderson, Young and Company for consultant services for an 13 June 25, 2002 Educational Facilities (School) Impact Fee Update Study. 17) Request to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. 18) Request to approve for recording the final plat of "Mediterra South Golf Course Phase Four". Move to Item # 1 OJ: 19) Approve the Settlement Agreement to compromise lien imposed in Code Enforcement Case entitled Collier County v. Juan and Veronica Barnhart, CEB Case No. 99-030. 20) Resolution to extend the term of the Golden Gate Area Master Plan Restudy Committee through June 26, 2003 and reappoint members. Resolution 2002-278 21) Ratify Emergency Purchase Order #Z02-008 issued to Naples Dock and Marine Services in the amount of $22,000 in order for the County to utilize grant funds for derelict vessel removal. 22) Request to approve for recording the final plat of "Sierra Meadows", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulation 23) Petition A VESMT2002-AR2228 to disclaim, renounce and vacate the County's and the Public's Interest in a parcel of land conveyed to Collier County as a conservation easement and recorded in Official Record Book 1973, Pages 1886 through 1870, Public Records of Collier County, Florida. Located in Section 4, Township 50 South, Range 26 East. Resolution 2002-279 24) Approve a Budget Amendment to transfer $76,400 from Fund #113 Reserves to Community Development and Environmental 14 June 25, 2002 Services Administration Personal Services. 25) Approval of an impact fee refund request in the amount of $51,780.00. 26) This item continued from the June 11~ 2002 BCC Meetin2. Amendment to an existing Affordable Housing Density Bonus Agreement for Saddlebrook Village PUD. 27) Staff review and recommendation relative to the attached list of "PUD Sunsetting Projects", which according to the required PUD status report submitted by the property owners/agents, have not commenced construction, as defined in Section 2.7.3.4 of the Collier County Land Development Code (LDC), resulting in staff direction from the Board of County Commissioners to bring these products forward with a recommendation to require the property owner(s) to submit an amendment within six months. Resolution 2002-280 thru 2002-290 28) Recommendation to allow removal of 191,000 cubic yards of excess excavated material from the site of Classics Plantation Estates, Phase One, located in Section 27, Township 50 S., Range 26 E. of the Lely PUD, Collier County, Florida. B. TRANSPORTATION SERVICES 1) A Resolution of the Collier County Board of County Commissioners (BCC) authorizing the filing of the Trip and Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD). Resolution 2002-291 2) A Resolution confirming the terms of office of members to the Vanderbilt Beach Beautification Advisory Committee. Resolution 2002-292 3) Approve a Purchase Agreement and accept a warranty deed to acquire a 1.03 acre parcel of land in the Lely Lakes Subdivision at a cost of$8,110.50 for the Lely Area Stormwater 15 June 25, 2002 Moved to Item #10K 4) 5) 6) 7) 8) 9) 10) 11) 12) Moved to Item #10L: Improvement Project which is located within the East Naples Area. Project No. 31101. With stipulations Award RFP 02-3346 - Standardization of Decorative County Street Lights to Consolidated Electric Distributors Inc. Approve Bid #02-3366, "SR 84-Davis Boulevard, Phase II, Project #60098, a Landscape Renovation for $631,423.35". Approve Budget Amendment for Utility Impact Fees, Bid #02- 3366 for SR 84-Davis Boulevard Project #60098, in the amount of $70,926 from Fund (111) Reserves. This item has been deleted. Approve Work Order Amendment No. ABB-FT-00-07-AOl and the associated Budget Amendment in the amount of $29,679.00 for the Wiggins Pass Road Outfall Project. (Project No. 31212) Approve Contract Agreement No. C-12252-Al with the South Florida Water Management District for a time extension of a Funding Assistance Agreement for the Gateway Triangle Stormwater Improvements. (Project No. 31803) This item has been deleted. Approve Work Order Amendment No. NTI-FT-02-02-AOl in the amount of $25,080 to Native Technologies Inc., for the Gordon River Cleanout Project #31005. Approve Award of a Construction Contract to the lowest bidder, Ajax Paving Industries Inc., for the 2001-2002 Pathways Program, Bid No. 02-3376 in the amount of $613,797.75. 16 June 25, 2002 13) Direction for the County Attorney to prepare a Written Notice of Termination of the Interlocal Agreement between the Board of County Commissioners of Collier County and the City Council of the City of Marco Island, dated January 19,1999, which provides for the collection of County Impact Fees by the City Government, the percentage distribution between the two entities of road impact fees collected by the City, and reimbursements from the County to the City for Administrative Costs associated with the collection of County Impact Fees other than those for roads; and authorization for the Chairman to sign the Notice of Termination on behalf of the Board of County Commissioners; and direction for staff to commence negotiation of a new Interlocal Agreement. 14) This item has been deleted. 15) Approve Agreement for the Design and Construction of Traffic Signalization and Ramp Realignment for the Immokalee Road and Tarpon Bay Intersection to be built with the Immokalee Road/I-75 Interchange Improvements, Project No. 66042. 16) Approve the Metropolitan Planning Organization (MPO) Budget for Grant Year 2002-2003. 17) This item continued from the June 11~ 2002 BCC Meetin2. Presentation of the Revised Transportation 5- Year Road Plan and request the approval of an additional Senior Proj ect Manager position to the Transportation Engineering and Construction Management Department. Fiscal Year 03, Cost $85,300. Move to Item #10M: 18) Adopt a Resolution authorizing condemnation of right-of-way and/or easements required for the construction of a four-lane section of Immokalee Road between Wilson Boulevard and CR 951/Collier Boulevard (Capital Improvement Element No. 71, Project No. 60018). Estimated Fiscal Impact: $5,732,106. 19) This item continued from the June 11~ 2002 BCC Meetin2. Request the Board enter into a fifty-year lease agreement with 17 June 25, 2002 the State of Florida for the use of the Florida Department of Transportation (FDOT) Maintenance Facility on Davis Boulevard for the purpose of transferring all Collier County Road and Bridge, Landscape and Roadway Drainage Maintenance Operations from the County Barn Road Facility and to request the Board enter into an Interlocal Agreement for Asset Management with the FDOT for maintenance of all FDOT roadway segments within Collier County for an annual reimbursement of approximately $1,396,000 for services rendered. Resolution 2002-293 C. PUBLIC UTILITIES 1) Amend Professional Services Agreement with Hole Montes RFP 93-2121 for engineering services and approve work order to Youngquist Brothers RFPO 1-3139 to construct an injection well at the South County Water Reclamation Facility, in the amount of$3,257,780, Project 73154. 2) 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. Fiscal Impact is $240.00 to record the liens. 3) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. Resolution 2002-294 4) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record lien. Resolution 2002-295 18 June 25, 2002 5) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $22.50 to record the lien. Resolution 2002-296 6) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste Residential Account wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $40.50 to record the lien. Resolution 2002- 297 7) Recommendation to reject Bid No. 02-3325 for backflow prevention assemblies and associated materials. 8) Declare surplus and donate pumping equipment to the Court appointed receiver for the Lee Cypress Cooperative. 9) Approve a Budget Amendment in the amount of $355,000 to fund unanticipated expenses within the Water Distribution Cost Center. 10) Approve the execution of a Revised (Utility) Easement Modification Agreement with Imperial Golf Club, Inc., for the installation of a re-use water line to accommodate the construction of a new clubhouse facility. 11) Award a Construction Contract to Hayward-Baker, Inc. for the North County Water Reclamation Facility (NCWRF) expansion to 30.6-million gallons per day (MGD) Maximum Month Average Daily Flow (MMADF) Phase lA-Liquid Stream Vibro-Replacement, Bid 02-3373, Project 73950, in the amount of $464,000. 12) Approve a Work Order to Youngquist Brothers Inc., in the amount of $650,000 to fund and complete the repair of deep injection well #1 at the North Regional Water Treatment 19 June 25, 2002 Facility. 13) Award a Contract to Florida State Underground Inc. to construct five reliability wells in the Golden Gate Wellfield in the amount of $1 ,566,064, Project 70066. 14) Accept right of entry documents for the Port-Au-Prince Subdivision Utility Replacement Project at a cost not to exceed $500. 15) Approve an Interlocal Agreement between the City of Naples and Collier County for the County to accept Horticultural Debris (Yard Waste) generated within the City of Naples. D. PUBLIC SERVICES Move to Item #10N: 1) 2) 3) 4) This item continued from the June 11~ 2002 BCC Meetin2. Approve a Resolution and a License Agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri. Approve a transfer of additional, uncommitted tourist tax revenues collected in Category C (Museums) of $224, 1 00 to partially restore the Collier County Museum's Budget in Fiscal Year 2003. Authorize the Collier County School Board to prepare the food for the Summer Food Service Grant Program in the amount of $250,000. Approval of an assignment of Ground Lease Agreement between Primeco Personal Communications, L.P., now known as Verizon Wireless Communications and Clearshot Communications, Inc., and secure approval of a first amendment to Ground Lease Agreement with Clearshot Communications, Inc., with an increase in annual rent in the amount of$7,200. 20 June 25, 2002 5) Approval to secure a lease agreement with Park East Development Ltd., for office space to be utilized by the WIC Program at an annual rent of $20,460. Move to Item #10R: 6) Amend the Parks and Recreation Department Facilities and Outdoor Area License and Fee Policy (FY 03 Increased Revenue of $577,000). 7) Approve the renewal and amendment of Contract #97-2623 "Skateboard Park Concession" with Sanctuary Skate Park- Collier, Inc., formerly Sparrow Ventures Inc. (Projected Annual Revenue of $1 000) 8) Request to approve a Resolution extending the term of the Collier County Health and Human Services Advisory Committee, and appointing and extending the Terms of Members of the Collier County Health and Human Services Advisory Committee. Resolution 2002-298 9) Approval of an agreement with the Collier County School Board for Athletic Field Improvements at Osceola Elementary in the amount of$391,559. 10) Approve an Interlocal Agreement with the City of Everglades for the Community Center Skate Park Project for up to $25,000 in matching funds. Moved to Item #100: 11) This item was continued from the June 11~ 2002 BCC Meetin2. Approve changes to the Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. Move to Item #10P: 12) Approve the purchase of a 0.14-acre lot for a neighborhood park in Isles of Capri at a total cost of approximately $81,700. 21 June 25,2002 13) This item has been deleted. 14) Award a Construction Management at Risk Contract #01-3189 to Kraft Construction for North Naples Regional Park, Project No. 80602 and approving design phase fees in the amount $175,000. E. ADMINISTRATIVE SERVICES 1) Approval to secure a Lease Agreement with Islands and Highlands, LLC, for office and garage/warehouse space to be utilized by the Sheriffs Office at an annual rent of $28,275.00. 2) Approve Committee Selection of Firms for Contract Negotiations for RFPO 1-3290 "Fixed Term Professional Engineering Services" for an estimated annual amount of $1,000,000. 3) Approve the conveyance of a portion of the GAC Land Trust Reserved List Property to Collier County for Immokalee Road Widening Project (Project No. 60018) at its $161,700 appraised val ue. 4) Approve Budget Amendment to increase appropriations and associated revenues for operating costs in Fleet Management Administration Fund (521) in the amount of$99,200, decrease appropriations and associated revenues for fuel in the amount of $568,600, and recognize revenues for current and prior year reimbursements in the amount of $11,600. 5) Approve Amendment No.5 to Professional Services Agreement with AEC National Inc., for the design of the expansion and renovation of the Naples Jail Center in the amount of$758,380. Move to Item #1 OS: 6) Request Board approval to purchase equipment and services necessary to add two (2) additional tower sites to the County's 800 MHz Radio System at a cost of $1 ,400,000 financed over 22 June 25, 2002 five (5) years. F. EMERGENCY SERVICES 1) Award Bid No. 02-3369 for the purchase of medical supplies and equipment for the Emergency Medical Services Department to: Aero Products Corporation, Emergency Medical Products, Emergency Medical Supply, McKesson Medical, MDS Matrix, Micro Bio- Medics, Moore Medical, PMX Medical, Quadmed, Southeastern Emergency Equipment and Tri-Anim Health Services at an estimated annual cost of $179,000. 2) Approval of an Agreement between Collier County and the City of Marco Island for the provision of fire protection and rescue services to the Unincorporated Areas of Goodland and Key Marco at an annual cost of $56,564.00. 3) Approve an Interlocal Agreement between the City of Naples and Collier County for an Advanced Life Support (ALS) Engine Partnership Program, One Time Equipment Cost of $50,000 and annual Personnel Cost of $15,000. 4) Adopt a Resolution authorizing the Acceptance of Modification # 1 to a Hazard Mitigation Grant Agreement between the Florida Department of Community Affairs and Collier County. Resolution 2002- 299 G. COUNTY MANAGER 1) Approve the Service Contract of the Acting County Manager. 2) Approval of Budget Amendment Report - Budget Amendment #02-361 (1981 Water Management CIP (Fund 325), Stormwater Management) in the amount of$21,110. H. AIRPORT AUTHORITY 23 June 25,2002 1) Approve the acceptance of $250,000 Grant from the US Department of Agriculture. 2) Approve modifications of budget for Capital Improvement Projects. I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items To File For Record With Action As Directed. K. OTHER CONSTITUTIONAL OFFICERS 1) This item has been deleted. 2) To present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 2002-2003 and to obtain approval for the Chairman to sign the application. 3) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. 4) New Precinct Lines to reflect the 2002 Reapportionment Lines. Resolution 2002-300 L. COUNTY ATTORNEY 1) Approve a Developer Contribution Agreement with G-4 Partnership, Juliet C. Sproul Testamentary Trust and Barron Collier, III ("Developer") for the contribution of land to Collier County for Goodlette Frank Road Right-of-Way. 2) Recommendation that the Board of County Commissioners approve a Separation Agreement, entitled "Settlement Agreement and Mutual Release" between Employee Charmaine 24 June 25, 2002 Steiner and the County. 3) Approve the Agreed Order awarding Expert Fees relative to the Easement Acquisition of Parcels 2.4T and 53-t in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et ai, Case No. 99-3040- CA (Livingston Road, Project No. 65041). 4) Approve the Agreed Order awarding Attorney's Fees relative to the Acquisition of Parcel 2.4T in the Lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et ai, Case No. 99-3040-CA (Livingston Road, Project No. 65041). 5) Approve Mediated Settlement Agreement and Stipulated Final Judgment incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcels 167, 767, 867 A and 867B in the Lawsuit entitled Collier County v. Wallace 1. Lewis, Jr., et ai, Case No. 01- 0711-CA, Project No. 60071. 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. A. RZ-200l-AR-1934, Vincent A. Cautero, AICP, of Wilkison and Associates, Inc., representing Empowerment Alliance of SW Florida - 25 June 25, 2002 Community Development Corporation, requesting a rezone from C-4 and C-5 to RMF -6 for affordable housing and from RMF -6 to C-4, located northeast of the intersection of East Eustis Avenue and South First Street in Immokalee in Section 3, Township 47 South, Range 29 East, Collier County, Florida, consisting of7.255+ acres. Ordinance 2002-33 B. Petition A VPLA T200 l-AR186l to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 5 foot wide utility easement and a portion of the drainage and golf course easement located on Lot 415, of the plat of "Rivera Golf Estates Unit 2", as recorded in Plat Book 13, Pages 1 08 through 111, Public Records of Collier County, Florida. Located in Section 17, Township 50 South, Range 26 East. Resolution 2002-301 C. This item to be continued to the July 30~ 2002 BCC Meetin2. A Resolution to approve the extension of the Geographic boundaries of the Collier County Water-Sewer District to incorporate the receiving and neutral areas within the Rural Fringe Area. Move to Item #8G: D. Adoption of a Resolution amending the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, as amended by the Collier County Consolidated Impact Fee Ordinance, as amended. E. Adoption of an Ordinance amending Chapter 74 of the County's Code of Laws and Ordinances, as previously amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), incorporating changes to the Affordable Housing Provisions to update the definitions of eligible income groups and to extend waiver and deferral eligibility standards to include owner- occupied residential condominiums and townhouses. Ordinance 2002-34 18. ADJOURN 26 June 25, 2002 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 27 June 25, 2002