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Recap 07/30-31/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 30-31, 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 July 30, 2002 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. e INVOCATION A. Reverend Mary Anne Domer, Church of the Resurrection PLEDGE OF ALLEGIANCE 3. AGENDA AND MINUTES e Ao 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 C. D. E. F. G. May 28, 2002 - Regular May 29, 2002 - Special June 12, 2002 - Special June 17, 2002 - Workshop June 18, 2002 - Special June 19, 2002 - Special Approved as presented - 5/0 PROCLAMATIONS Ao Proclamation recognizing four officers from the Collier County Sheriff's Golden Gate Sub-Substation for heroic efforts in a house fire incident. To be accepted by Corporal Todd Sanner, Corporal Chris Jordan, Deputy Juan Morales, Deputy Byron Tomlinson. Adopted 5/0 Proclamation to declare September as Ovarian Cancer Awareness Month in Collier County. To be accepted by Carolyn Benivegna, President and Founder of Ovarian Cancer Alliance in Florida. Adopted 5/0 2 July 30, 2002 Ce Proclamation to recognize John T. Conroy, Jr. for his 22 years of service to the Collier County community as a member and Chairman of the Housing Finance Authority. To be accepted by John T. Conroy, Jr. Adopted 5/0 PRESENTATIONS Ae Presentation of a check in the amount of $120,000 for a Florida Recreation Development Assistance Program Grant for renovation and new construction of boat docks and support facilities at Bayview Park. To be presented by Senator Burt Saunders and State Representative J. Dudley Goodlette. Presented 6. PUBLIC PETITIONS Ae Be Public Petition request by Albert Lee to discuss the Recreation Center on School Drive, Immokalee. Staff to research the matter and bring it back. Public Petition request by Garrett F. X. Beyrent to discuss moratorium impact on proposed affordable housing development. Discussed e Ce Public Petition request by George Risher to discuss access issues on Golden Gate Boulevard. To be brought back on September 10 as a regular agenda item. BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR-1747 Pamela Stewart, Esquire, representing Mark Von Spitzock, requesting a 5- foot variance from the required rear yard setback of 10 feet to 5 feet for accessory structures for property located at 1249 Pompei Lane, further described as Lot 12, Block H, Sorrento Gardens Unit 3, Section 15, Township 49 South, Range 25 East, Collier County, Florida. Res. 2002-340 - Adopted 4/0 (Commissioner Fiala out) Continued to September 10, 2002 3 July 30, 2002 Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2691, Don Cahill, of Don Cahill Architect/Builder, representing William and Joann Rcckmcycr, requesting variances in thc PUD Zoning District as follows: 1) From thc required Gulf front yard (PUD Ordinance 85-83) setback that aligns with thc State of Florida Coastal Construction Setback Linc (CCSL) to allow (A) thc balconies to extend a maximum of 8 feet West of the CCSL; (B) thc roof to extend a maximum of eight feet five inches West of thc CCSL; (C) the shear wall to extend a maximum often feet five inches West of thc CCSL; and 2) from thc required ten foot access drive right-of-way yard setback (PUD Ordinance 85-83) to allow: a building setback of eight feet, a variance of 2 feet, on the East side along Dominica Lane, for property located at 107 Dominica Lane, further described as Lot 9, Block C, Lely Barefoot Beach Unit 1, Plat Book 12, Pages 34-37, as recorded in the Public Records of Collier County, Florida in Section 6, Township 48 South, Range 25 East, Collier County, Florida. Continued to September 10, 2002 - reconsidered and reinstated C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR-2035, Kenneth D. Goodman, Esquire, of Goodman and Brcen, requesting a 25-foot variance from the required 75-foot front yard setback to 50 feet for 20 lots in the Shady Hollow Trust Subdivision, which is located in Section 9, Township 48 South, Range 27 East, further described as Lots 1-20, Shady Hollow Trust, Collier County, Florida. Res. 2002-333 - Adopted w/changes - 5/0 8. ADVERTISED PUBLIC HEARINGS To be heard on July 31, 2002 at 9:00 A.M. A. Adoption of a Resolution amending the Road Impact Fee Rate Schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Law and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, as amended. Workshop to be scheduled re impact fees and proposal to be brought back to BCC first meeting in October - 5/0 Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition ST-2194, Michael Landy, P.E., of Landy Engineering, Inc., representing Southwest 4 July 30, 2002 Ce De Florida Opportunity Fund, L.L.C., requesting a Special Treatment Development Permit to construct a 11,200 square foot drug store and a 266- seat restaurant via the Site Development Plan approval process on a 4.02- acre site zoned C-3ST, located at the Northeast comer of the Intersection of US-41 and CR-951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Motion to continue to September 10, 2002, or thereafter and all concerns to be included - Approved 5/0 This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDA-01- AR-2491, Robert Duane of Hole Montes, Inc., representing James and Diane Williams, requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as the Arrowhead PUD having the effect of increasing the number of approved dwelling units from 900 units to 1,254 units, which increases the project density of 4.3 units per acre, change the mix of single family and multi-family dwellings, delete mobile homes as a permitted use, revise the currently approved master plan to allow for the reconfiguration of the commercial tract, update the PUD document to reflect current terminology and code references, reduce the maximum building height from 100 feet to 50 feet for the commercial tract, modify the list of permitted commercial uses, and revising the development standards consistent with the developer's workforce housing requirements for property located at the Southwest quadrant of the intersection of Lake Trafford Road and the future extension of Carson Road in Section 31, Township 46 South, Range 29 East, Collier County, Florida. Ordinance 2002-40 - Adopted 5/0 This item has been deleted. This item has been deleted. This item is being continued to the September 10~ 2002 BCC Meeting. An Ordinance amending Ordinance Number 91-102, as amended, the Collier County Land Development Code, which includes the Comprehensive Regulations for the Unincorporated Area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, 5 July 30, 2002 including amendments to Division 2.3, off-street parking and loading; Section Four, Conflict and Severability; Section Five, Inclusion in the Land Development Code; Section Six, Effective Date. To be heard on July 31, 2002 after Item 8A It. 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), prohibiting early payment of impact fees to avoid rate increases and distinguishing payment of impact fees from pre-payment of estimated future impact fees prerequisite to issuance of a Certificate of Public Facility Adequacy Ordinance 2002-44 - Adopted with changes 5/0. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition RZ-01-AR- 1143, James G. O'Gara, representing Golden Gate Capital, Ltd., requesting a rezone from "RSF-3" Residential Single Family to the "RSF-5" Residential Single Family Zoning District to allow for a maximum of 16 single-family dwelling units for property located at the Northeast Comer of 50th Terrace SW and 22ns Avenue SW in Section 21, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2002-41 - Adopted 4/1 (Commissioner Ilenning opposed) Public Hearing to consider adoption of an Ordinance establishing the Tuscany Reserve Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. Ordinance 2002-42 - Adopted 5/0 Continued to September 10, 2002 K. Public Hearing to consider transmittal to the Florida Department of Community Affairs of a Resolution amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan, for the Immokalee Road/Collier Boulevard Area (Heritage Bay Development of Regional Impact) to establish the "Urban-Rural Fringe Transition Zone Overlay" for Sections 13, 14, 23, 24, T48S, R26E, Collier County Florida By: Amending the Future Land Use Element and Map Series; Amending the Sanitary Sewer Sub-Element of the Public Facilities Element; Amending the Potable Water Sub-Element of the Public Facilities Element; Amending the Water and Sewer Service Boundary Map of the Public Facilities Element; Providing for 6 July 30, 2002 Severability; and, Providing for an Effective Date. Added L. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition ST-99-03, David Farmer, PE, of Keystone Custom Homes, requesting a special Treatment Development Permit to allow development within a special treatment (ST) Overlay (ST Parcel 23A) located within the proposed Little Palm Island subdivision in Section 23, Township 48 South, Range 25 East, Collier County, Florida, (Joe Schmitt, Administrator, Community Development) Res. 2002-335 - Adopted 5/0 with stipulations and changes Moved from Item #17D M. Continued from the June 11, 2002 BCC Meeting. Petition PUDZ-01-AR- 1553, Michael R. Fernandez, of Planning Development, Inc., representing Relleum Inc. and Granite Development II, L.C., requesting a rezone from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Balmoral PUD allowing mix of residential dwelling types for property located on the East side of the future Livingston Road (CR 881) and approximately one mile South of Pine Ridge Road (CR 896) in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2002-43 - Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS Ae This item has a time certain of 1:30 p.m. Hispanic Affairs Advisory Board request for the County Commission to support a "Living Wage"/Farm Worker/Agricultural Issues Forum and Dialogue. Res. 2002-334 - Adopted with changes 5/0 Be Request that the Board of County Commissioners recognize that the Collier Hispanic Task Force serves a valid public purpose and approve the use of County resources to provide meeting notices and meeting space. (Commissioner Fred W. Coyle) Recognized - 5/0 Ce Appointment of member to the Collier County Water and Wastewater Authority. 7 July 30, 2002 10. Res. 2002-336 appointing Lowell Lam, W.J. Markel and Jerry Morgan - Adopted 5/0 0 Confirmation of appointment by the City of Naples to the Contractors' Licensing Board. Res. 2002-337 appointing Eric D. Guite - Adopted 5/0 Eo Approve the Employment Agreement for the County Manager. (Commissioner Jim Coletta) Approved with changes - 5/0 COUNTY MANAGER'S REPORT Deleted A. Be Ce De Proposal to impose a temporary moratorium on projects in the Whippoorwill Area (bounded on the North by Pine Ridge Road, on the South by the Wyndemere Subdivision, on the East by 1-75, and on the West by proposed Livingston Road) until such time as a master plan showing proposed infrastructure improvements, including at a minimum, potable water distribution, sanitary sewage collection, stormwater management, and roads, has been accepted by the Collier County Community Development and Environmental Services Division. (Joe Schmitt, Administrator, Community Development) Approve the purchase ($2,750,000 Purchase Price) of a 99-acre tract of land identified as the major source of mitigation for wetland impacts associated with the construction of the Lely Area Stormwater Improvement Project (Project No. 31101). (Norman Feder, Administrator, Transportation) Approved - 5/0 To adopt proposed FY2003 Millage Rates. (Mike Smykowski, Director, Office of Management and Budget) Res.2002-338 - Setting the millage rate as outlined in the Executive Summary - Adopted 5/0. Budget hearings to be held September 5, & September 18, 2002 This item has a time certain of 11:30 a.m. Approval of two Interlocal Agreements between Collier County and the City of Marco Island: First, providing for the collection of County Impact Fees by the City Government, providing for the percentage distribution between the two entities of road 8 July 30, 2002 impact fees collected by the City, and providing for reimbursements from the County to the City for administrative costs associated with the collection of County Impact Fees other than those for roads; and Second, providing for relinquishing jurisdiction for County Roads 92 and 92A to the City of Marco Island; authorization for the Chairman to sign the Interlocal Agreements on behalf of the Board of County Commissioners. (Norman Feder, Administrator, Transportation) Part 1 - Agreement regarding collection of County Impact Fees - Approved 4/0 (Commissioner Coyle out) Part 2 - Agreement approved but setting aside 92A as county ownership for 2 years but being maintained by Marco Island - Approved 4/0 (Commissioner Coyle out) To be heard at 10:30 A.M E. Status report to the Board to provide a review of current roadway landscaping enhancement issues and requests for additional funding and to request the Board determine a policy for current and future roadway enhancement initiatives. (Norman Feder, Administrator, Transportation) Workshop to be held in September with a date to be determined prior to the September 24, 2002 meeting - Approved 5/0 This item continued from the June 25~ 2002 BCC Meeting. 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. (Norman Feder, Administrator, Transportation) Continued to after the September Workshop - Approved 5/0 Ge This item continued from the June 25~ 2002 BCC Meeting. Status Report for the Board's review of the Interchange Enhancement Recommendations requested by the Golden Gate/I-75 Ad Hoc Beautification Committee. (Norman Feder, Administrator, Transportation) Continued to after the September Workshop - Approved 5/0 This item continued from the June 25~ 2002 BCC Meeting. 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 US41 North Phase I Agreement to Vanderbilt Beach Road. (Norman Feder, Administrator, Transportation) 9 July 30, 2002 Continued to after the September Workshop - Approved 5/0 Moved from Item #16A12 I. Adoption of a Resolution approving an application for a Waiver of Impact Fees for a not-for-profit, charitable organization, Hospice of Naples, in an amount not to exceed $7,500 for an inpatient facility; said waiver being fully funded from accumulated and unencumbered interest in each of the affected Impact Fee Trust Accounts Resolution 2002-339 - Adopted 4/1 (Commissioner Henning opposed) Moved from Item #16C15 J. Approve Task Order 6 in the amount of $6,106,261 with Youngquist Brothers, Inc., for North County Water Reclamation Facility Deep Injection Well Construction, Contract 01-3193, Project 73948. Approved - 5/0 Moved from Item #16E8 K. Approval of an amendment to the contract between Collier County and Insurance and Risk Management Services Inc., for the placement of National Flood Insurance and Builder's Risk Insurance Policies. Approved - 5/0 Moved from Item #16A17 - To be heard on July 31, 2002 L. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Sixteen". Res. 2002-341 - Adopted 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Ae 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. Approved w/Modifications - 5/0 Be Approval of the Form of Public Petition drafted by the County Attorney's Office at the request of Citizens of Golden Gate Estates for the widening to four lanes of Golden Gate Boulevard from Wilson Boulevard to DeSoto 10 July 30, 2002 13. Boulevard. Standardized form to be used for public petitions - Approved 5/0 OTHER CONSTITUTIONAL OFFICERS Added and to be heard at 9:30 A.M. A. Discussion by Dwight Brock, Clerk of Courts, relating to issues that concern the North Collier Wastewater Treatment Plant. Discussed 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Discussion regarding configuration of County Manager's office with Leo Ochs becoming the Deputy County Manager 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. Consent and Summary Agenda - Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) Approve a Budget Amendment for a Red Cockaded Woodpecker (RCW) Habitat Survey of Section 24 and the North Belle Meade Overlay in the amount of $15,000 using $12,500 from MSTD General Fund (111) Reserves. Recommendation to approve Commercial Excavation Permit No. 59.803 "Blue Heron Offsite Hauling", located in Section 33, Township 49 South, Range 26 East; bounded on the North by Interstate 75 R/W, on the West by Sapphire Lakes Subdivision, on the East by Sherwood PUD, and on the South by Radio Road, R/W. With Stipulations 11 July 30, 2002 3) Request to approve for recording the final plat of"Sabal Bay Commercial Plat Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations 4) Proposal to accept a Master Plan and acknowledge the Legal Agreement for infrastructure to serve projects in the Whippoorwill Area (bounded on the North by Pine Ridge Road, on the South by the Wyndemere Subdivision, on the East by 1-75 Right of Way, and on the West by proposed Livingston Road, which is presently under construction) (Staff Request) With Stipulations. $) Request to approve for recording the final plat of "Indigo Lakes Unit Seven", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations 6) Request to approve for recording the final plat of "Carson Lakes Phase II", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations 7) Request to approve for recording the final plat of "Noah's Landing". 8) Request to approve for recording the final plat of "Island Walk Phase Seven A". Deleted 9) Approval of the Mortgage and Promissory Note for a Seventy-Five Thousand ($75,000) Dollar Loan to Renaissance Manor, Inc., a Non- Profit Housing Provider, to assist in the construction of a Special Needs Affordable Housing Development. ]0) Approval of Third Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc., as recommended by the Tourist 12 July 30, 2002 Development Council. 11) Approve 2003 Tourism Agreements between Collier County and Kelley Swofford Roy, Phase V of Southwest Florida Inc., and Evans- Klages Inc., as recommended by the Tourist Development Council. Move to Item #10I 12) Adoption of a Resolution approving an application for a Waiver of Impact Fees for a not-for-profit, charitable organization, Hospice of Naples, in an amount not to exceed $7,500 for an inpatient facility; said waiver being fully funded from accumulated and unencumbered interest in each of the affected Impact Fee Trust Accounts 13) This item has been deleted. 14) Recommendation to approve a request for exemption from payment of impact fees, in the amount of $3,872.82, for a mobile home emplaced, but not then permitted, on the homeowner's property prior to adoption of applicable Collier County Impact Fees, provided the property owner obtains all necessary permits and completes all improvements required by the County and pays all other associated fees. 15) Authorization to redistribute approved funds between two existing purchase orders for the consulting services agreement with RWA, Inc., for the rural and agricultural assessment orders. 16) Authorize Assistant County Attorney to bid on behalf of County at Foreclosure (Code Enforcement Lien) Sale to be scheduled by the Clerk in Board of County Commissioners v. l/Vayne Thibodeau, Case No. 00-3935-CA. Moved to Item #10L to be heard on July 31, 2002 17) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Marsh Unit Sixteen". 18) Request to approve for recording the final plat of "Hammock Bay", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 13 July 30, 2002 19) Recommendation that the Board of County Commissioners approve an Amendment to the FY02 Adopted Budget of the Comprehensive Planning Section for Expenses Incurred Relative to Final Order No. 99-002. B. TRANSPORTATION SERVICES 1) 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 ambient noise management, 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. Res 2002-315 setting 9/9/02 at 6: p.m. at the Foundation Center 2) Approval of three (3) Impact Fee Refund requests totaling $81,086.92. 3) Approve Committee Selection of Five Firms for Contract Negotiations for RFP #02-3371, "Fixed Term Professional Transportation Planning Consulting Services". There is $200,000.00 budgeted in the first year for this contract. As contained in the Executive summary 4) Approve Bid #02-3378 Immokalee Triangle Landscaping Installation, in the amount of $134,445. Awarded to Hannula Landscaping, Inc. 5) Approve Change Order with Apac, Inc., for roadway improvements at rd Golden Gate Parkway and 53 Street SW in the amount of $22,644.50, Project #60016. 6) Approve to purchase and install bus stop shelters for Collier Area Transit (CAT), in the amount of $57,472. 14 July 30, 2002 7) 8) 9) 10) Approve a request for Advanced Funding to the Livingston Road Beautification Municipal Services Taxing Unit (MSTU) in the amount of $228,583.08, to install decorative lighting during the Livingston Road, Phase II Improvement (Project No. 60071). Also, approve Change Order No. 5 with Better Roads Inc., to purchase decorative lighting fixtures and perform additional construction services related to street light installation for an amount of $352,021.80. Approve Budget Amendment request for median improvements by Better Roads, Inc., in the amount of $83,294.75 on Airport-Pulling Road, Project No. 60175. Approve an Agreement with Waterways Joint Venture, et al, to purchase Parcels 190A, 190B, 190D, 790B, 790C, 790D, 790F, 890A, and 890C for four-laning improvements to Immokalee Road. Adopt a Resolution amending Resolution No. 2002-98 authorizing condemnation of right-of-way and/or easements required for the construction of a six-lane section of Livingston Road between Pine Ridge Road and Immokalee Road, Capital Improvements Element No. 58 (Project No. 62071). Res. 2002-316 11) 12) 13) 14) Approve the piggybacking of a Broward County Contract for the purchase of light emitting diode traffic signal components. Approve a Budget Amendment to transfer $100,000 from Gas Tax Reserves to reimburse the City of Naples for the construction of Goodlette-Frank Road improvements at the City's Pump Station. Approve a Budget Amendment to transfer $50,000 from Gas Tax Reserves to reimburse the City of Naples Airport Authority for the County's share of the Airport Road Landscape Project. Approval of the recommended Management Company to enter into a contract with Collier County Government, serving as the Community Transportation Coordinator for the Collier County Transportation Disadvantaged Program as identified in RFP #02-3383 and authorization for the County Manager to negotiate and enter into a contract with the selected management company. 15 July 30, 2002 Awarded to ATC Paratransit Continued to September 10, 2002 15) Approval of a First Amendment to Lease Agreement with LB/P Groveway, LLC for its two-month continued use of county-owned property netting the County $4,000 in additional rent. 16) Recommendation to approve the purchase of one (1) double drum vibratory roller, in accordance with BID #02-3391, in the amount of $64,995. Awarded to Nortrax Equipment Co. 17) Removal of a non-warranted traffic signal from the intersection of Radio Road at Commercial Boulevard. Removal of the traffic signal poles and equipment will cost approximately $3000. Res. 2002-317 18) Board approval of a Lease Agreement with Volusia County for the use of two trolley/buses in the amount of $500.00 per month, per bus and authorization for the Chairman to enter into the Agreement. 19) Request that the Board approve a loan of $60,000 to the Forest Lakes Roadway and Drainage MSTU for the completion of drainage work necessary to help prevent flooding of homes in this community. 20) Request that the Board approve a loan of $20,000 to the Livingston Road Phase 2 Beautification MSTU for the initial landscape design and to cover secretarial expenses for the remainder of the Fiscal Year. 21) Award a Construction Agreement to APAC-Florida, Inc., for the th construction of North 11 Street Extension from State Road 29 to Roberts Avenue, Collier County Project #62021, Bid #02-3387, in the amount of $144,150. 22) Award a construction contract in the amount of $1,928,170.77 to Better Roads Inc., and allocate $190,000.00 (10% of the construction cost) for contingency purposes to construct the proposed Immokalee Road/I-75 Interchange project, Project No. 66042A. Bid #02-3381 16 July 30, 2002 C. PUBLIC UTILITIES 1) Authorization to execute and record Satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $135.00 to record the Satisfactions. 2) Request a Budget Amendment for Wastewater Collections Facility for $145,000 to be transferred from Reserves to cover the expenses for sewer lines repairs and chemicals. 3) Adoption of a Resolution approving Special Assessment Hardship Deferrals for certain sewer special assessments for the 2002 tax year. The Fiscal Impact is $21.00 to record the Resolution Res. 2002-318/CWS 2002-01. 4) Approve Work Order GH-FT-02-9 with Greeley and Hansen LLC, to perform Phase 2 Engineering Services for design and construction of the Santa Barbara Sewer Force Main Interconnect between the North and South Wastewater Collection Systems, Project 73132, in the amount of $659,080. s) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of non-exclusive perpetual utility interests by fee simple interest and/or easement for the construction of a force main and pump station sites required for the Collier County Water-Sewer District Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems, Projects 73076, 73132, 73150, and 73151, at a cost not to exceed $470,012. Res. 2002-319/CWS 2002-02 6) Authorization to acquire and implement a Call Center Telephone System for Customer Service Functions in the Public Utilities Division-Cost is $181,365.85. 7) Adopt a Resolution and approve a Corrective Declaration of Easement for two water well house sites and a pipeline to be located within a portion of property acquired for a future park site at a cost not to exceed $24.00. Res. 2002-320 17 July 30, 2002 8) Authorization to acquire consulting services to implement Phase II of the Utility Billing Software System and to acquire technical assistance during acceptance testing, data conversion verification, parallel processing, and cut-over to the live environment-cost of services is $46,200. With Vacarro Consulting Inc. 9) Approve Reimbursement Agreements with Florida Power and Light Company related to new brackish water supply wells serving the North County Regional Water Treatment Plant at a credit of $9,158.50, Projects 70075 and 70094. 10) Approve a Resolution and the Granting of a Revocable Temporary License and Utility Easement to Lee County Electric Cooperative Inc., for installation of an electric power line on the Camestown Transfer Station Property, the cost of which will not exceed $50.00. Res. 2002-321 11) Approve Amendment No. 1 to that Agreement No. HW465 with the Florida Department of Environmental Protection for electronics recycling. 12) Approve Resolution supporting continued federal funding of coastal projects. Res. 2002-322 13) Award RFP 02-3339 for construction and demolition waste artificial reef recycling to committee's shortlist selection of firms, McCulley Marine Services Inc., for an estimated annual amount of $250,000. Continued to September 10, 2002 14) To authorize monthly billing of irrigation water availability charge as identified in the executed agreement by and between the Collier County Water-Sewer District and the Old Collier Golf Club, Inc. Moved to Item #10J 15) Approve Task Order 6 in the amount of $6,106,261 with Youngquist Brothers, Inc., for North County Water Reclamation Facility Deep Injection Well Construction, Contract 01-3193, Project 73948. 18 July 30, 2002 16) 17) Approve an amendment to the April 10, 2001 Florida Department of Environmental Protection Consent Order related to the North and South County Water Reclamation Facilities, Projects 73077 and 73949, at no additional cost. Adopt a Resolution to set the date, time and place for an Advertised Public Hearing where the Board of County Commissioners will adopt fees (Special Assessments) to be collected on the property tax bills for curbside trash collection services for the 2003 Budget Year. Res. 2002-323 for District 1 for 9/10/02 and Res. 2002-324 for District 2 for 9/10/02 18) 19) 20) 21) Authorize conveyance of a utility easement to Florida Power and Light Company for the installation of underground electric facilities to serve water wells to be located on County-Owned Future Park Property, the cost of which should not exceed $30.00. Request a Budget Amendment for the North County Water Reclamation Facility for $241,400 to be transferred from Reserves to cover expenses for overtime, sludge transportation, electricity, operating supplies and equipment repairs. Approve a Budget Amendment for $258,500 primarily for the construction work on the Price Street-Barefoot Williams Road Water Municipal Services Benefit Unit (MSBU) Special Assessments Fund (409), Project//70077. Approve a Budget Amendment in the amount of $200,000, to fund unanticipated expenses within the North Water Treatment Facility Cost Center. D. PUBLIC SERVICES 1) Approve a Budget Amendment in the amount of $70,000 for the design and permitting of a soccer field at East Naples Community Park. E. ADMINISTRATIVE SERVICES 19 July 30, 2002 1) Award Bid//02-3386, Tire Services, to Collier Tire and Auto Repair as Primary Vendor and Collier Retreading, Inc., as secondary vendor at an estimated cost of $35,000 annually for the services and $100,000 annually for new tires. 2) Approve an increase of the RFQ #99-0290 "File Retention" services $25,000 threshold to $33,000 with Robert Flynn Moving and Storage. 3) Approve a Letter of Support for the Empowerment Alliance of Southwest Florida to submit a front porch Florida Application for designation of South Immokalee as a Front Porch Florida Community. 4) Approve a Budget Amendment totaling $72,500 for expenditures related to the temporary relocation of the Law Library. s) Recommendation that the Board of County Commissioners convey a Grant of Utility Easement to Sprint-Florida, Inc., for relocation of a cable connection cabinet from Airport Road Right-of-Way to the County's Main Government Complex property. There will be no financial impact to the County as a result of this request. 6) Approval of a Budget Amendment to the Group Health and Life Plan in the amount of $2,217,100 recognizing additional premium revenue and increasing budget expenditures for insurance claims, reinsurance, and life insurance premiums through September 30, 2002. 7) Approve a Budget Amendment totaling $37,000 for the installation of additional lighting for the Harmon Turner Building (Building F) South Parking Lot to create a safer parking area. Moved to Item #10K 8) Approval of an amendment to the contract between Collier County and Insurance and Risk Management Services Inc., for the placement of National Flood Insurance and Builder's Risk Insurance Policies. 9) Approval to grant employees hired through the Recap program who have provided continued full-time, uninterrupted service to the County, a vacation accrual date consistent with their original recap hire date. 20 July 30, 2002 F. EMERGENCY SERVICES 1) Approval of fixed fee performance based agreement, in the amount of $7,947.00, between Collier County and the State of Florida Department of Community Affairs; said agreement provides reimbursement to Collier County for the review and update of hazard analyses at designated facilities within Collier County that possess extremely hazardous substances at or above the threshold planning quantity. 2) Approve Ochopee Fire Control District Application for a matching (50/50) Grant offered by the Florida Division of Forestry in the amount of $7,974.50 and approve the necessary Budget Amendments. 3) Award Bid No. 02-3389 to Pyramid II, Inc., for the purchase of janitorial supplies for all Collier County Departments. 4) Approval of Federal Hazard Mitigation Grant Program Applications for funding to improve hurricane protection of County Public Safety Facilities and retrofit the Foundation of the Everglades City Hall against flooding. 5) Recognize and appropriate revenue for two Florida Department of Health, Bureau of Emergency Medical Services Matching (25% County Funds/75% State Funds) Grants to appropriate and transfer County matching funds in the amount of $53,346.80 from the Emergency Medical Services 490 Reserves, and recognize the State Funds of $160,040.40. G. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Boards scheduled recess. Item//2 - Res. 2002-325/CWS 2002-03 H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS 21 July 30, 2002 J. MISCELLANEOUS CORRESPONDENCE Ke 1) Miscellaneous Items to File for Record as Directed. OTHER CONSTITUTIONAL OFFICERS 1) 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. Open Purchase Order Report from June 18, 2002 through June 30, 2002 available for review in the County Manager's Office. 2) New Precinct Lines to reflect the realignment of political boundaries within Collier County as established by the Federal Judicial Panel. Res. 2002-326 L. COUNTY ATTORNEY 17. 1) Approve the Agreed Order awarding Expert Fees relative to Easement Acquisitions of Parcel 175C and 575C in the Lawsuit entitled Collier County v. Richard H. Evans, et al, Case No. 01-1235-CA, Livingston Road Project No. 60071. 2) Recommendation that the Board of County Commissioners authorize the filing of a Lawsuit against a Collier County employee to seek reimbursement of a debt owed to the County by the employee in the sum of Eleven Hundred Three Dollars and Sixty-Two Cents ($1,103.62), plus costs. 3) Approve General Release submitted by WCI Communities providing for payment of previously unpaid education impact fees for Marbella at Pelican Bay, Inc. 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 22 July 30, 2002 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. Ae This item has been continued indefinitely. Petition CU-01-AR-1912, R. Bruce Anderson of Young, Van Assenderp, Varnadoe and Anderson, P.A., and Margaret Perry of Wilson Miller Inc., representing Bonita Bay Group Inc., requesting Conditional Use "17" of the "A" Rural Agricultural Zoning District to allow for a golf course and related facilities for property located on the South side of Immokalee Road (CR-846) and approximately four miles East of Collier Boulevard (CR-951), in Sections 29, 30 and 31, Township 48 South, Range 27 East, Collier County, Florida. Be Petition SNR-2002-AR-2239, the Community Development and Environmental Services Division, requesting a street name change for a portion of Thomasson Drive to Thomasson Lane, located in Sections 13 and 24, Township 50 South, Range 25 East. Res. 2002-327 Ce Petition AVROW2002-AR2439 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for 14th Street North which was dedicated to the County by the Plat of"North Naples Highlands", as recorded in Plat Book 3, Page 12, Public Records of Collier County, Florida, located in Section 22, Township 49 South, Range 25 East. Res. 2002-328 Moved to Item #8M D. Continued from the June 11, 2002 BCC Meeting. Petition PUDZ-01-AR- 1553, Michael R. Fernandez, of Planning Development, Inc., representing Relleum Inc. and Granite Development II, L.C., requesting a rezone from "A" Rural Agricultural to a Planned Unit Development (PUD) to be known as the Balmoral PUD allowing mix of residential dwelling types for property located on the East side of the future Livingston Road (CR 881) and 23 July 30, 2002 Ee Fe approximately one mile South of Pine Ridge Road (CR 896) in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Petition DOA-2002-AR-2208, Robert J. Mulhere of RWA, Inc., representing Parklands Developments, L.P., requesting an amendment to the "Parklands" Development of Regional Impact (DRI) in order to extend the date of commencement for the project by one year to March 11, 2004 for property located on the East side of the future Logan Boulevard Extension and approximately 2 miles North of Immokalee Road (CR 846) in Section 9, Township 48 South, Range 26 East, Collier County, Florida. Res. 2002-329/DO 2002-2 VA-2002-AR-2444, Golden Dream Homes, representing Edith Montero and Osvaldo Rivero, requesting an after the fact variance of 2.5 feet from the required 37.5 foot front yard setback to 35 feet for property located on a comer lot at 1795 Desoto Boulevard South, further described as the South 180 feet of Tract 63, Golden Gate Estates Unit 85, in Section 21, Township 49 South, Range 28 East, Collier County, Florida. Res. 2002-330 Ge To adopt the proposed Resolution to establish fees for the processing of background checks and issuing driver identification cards; to reaffirm application and certification fees for certificate to operate a public vehicle for hire business; and to repeal Collier County Resolution No. 93-127, as amended. Res. 2002-331 Petition PUDA-01-AR-2028, Robert Duane of Hole Montes Inc., representing Cypress Glen Development Corporation, requesting a rezone from "PUD" to "PUD" Planned Unit Development to be known as the Cypress Glen PUD for the purpose of decreasing the maximum building height from 3 stories to 2 stories, reducing the landscape buffer from 10 feet to 5 feet, revising the development standards, revising the master plan to depict the proposed internal placement of structures and modified traffic circulation system, and to add a water management area along the Western edge of the property for property located on the North side of Pine Ridge Road (CR 896) and approximately one quarter mile West of Livingston Road in Section 12, Township 49 South, Range 25 East, Collier County, Florida 24 July 30, 2002 Ord. 2002-37 Recommendation that the Board of County Commissioners adopt an Ordinance utilizing CRA Funds to create a site improvement grant and impact fee assistance grant for the Bayshore/Gateway Triangle Redevelopment Area of the Collier County Community Redevelopment Agency (CRA). Ord. 2002-38 Je This item has been continued indefinitely. PUDZ-2001-AR-1464, Robert Duane, of Hole Montes, Inc., representing Robert C. Malt, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Estuary Bay, for 236 multi-family units and 79 affordable housing units for a maximum of 315 multi-family units, for property located on the West side of Collier Boulevard (SR 951), 2 miles South of the intersection of US 41 and Collier Boulevard (SR 951), in Section 15, Township 51 South, Range 26 East, Collier County, Florida, consisting of 78.7 +/- acres. ge Approve a Resolution to amend Ordinance No. 2000-70 for changes to the by-laws of the Emergency Medical Services Advisory Council. Res. 2002-332 and Ord. 2002-39 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 25 July 30, 2002