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Recap 09/10/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 10, 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 1N ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF 1 September 10, 2002 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. INVOCATION A. Reverend Robert Jacobs, Messiah Lutheran Church PLEDGE OF ALLEGIANCE AGENDA AND MINUTES Ae Be De Fo 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 June 11, 2002 - Regular Meeting June 19, 2002 - Rural Fringe Special Meeting June 20, 2002 - Budget Hearing June 21, 2002 - Budget Heating June 25, 2002 - Regular Meeting July 30, 2002 - Regular Meeting July 31, 2002 - Regular Meeting Approved as presented - 5/0 A® Proclamation to recognize September as National Teen Court Month. To be accepted by Judge Ellis. 2 September 10, 2002 PROCLAMATIONS gJ Ce Do Ee Adopted 5/0 Proclamation to recognize the week of September 9-13, 2002 as Museums Celebrate America's Freedom Week. To be accepted by Charles Abbott. Adopted 5/0 Proclamation recognizing Big Cypress Basin for their outstanding assistance to Collier County. To be accepted by Clarence Tears, Jr., Basin Administrator. Adopted 5/0 Proclamation for Collier County to continue to support the Everglades Restoration Plan. To be accepted by Mike Bauer. Adopted 5/0 as amended Proclamation to recognize the week of September 16-20, 2002 as Industry Appreciation Week. To be accepted by Susan Pareigis, President of Economic Development Council. Adopted 5/0 PRESENTATIONS A® Presentation of a National Association of Counties award, recognizing the Collier County Library for their Library Literacy Program. To be accepted by John Jones, Director, Collier County Library and Roberta Reiss, Literacy Coordinator. Presented Bo Presentation of a National Association of Counties award, recognizing the Collier County Solid Waste Department for their program entitled, Recycling and Waste Reduction is our Future. The Future is Now. To be accepted by Denise Kirk, Recycle Coordinator, Solid Waste. Presented Co Presentation by Russell Budd, Chairman of the Board of the Naples Chamber of Commerce to the Board of County Commissioners commemorating the events of September 11,2001 along with a distribution of American Flags. 3 September 10, 2002 Presented 6. PUBLIC PETITIONS Continued to September 24, 2002: A. Public Petition request by Ms. Elise Batsel Lynn to discuss reassessment of impact fees on the Homewood Residence. Public Petition request by Bruce Anderson to discuss affordable housing in urban-residential fringe. Staff to come back with additional information on September 24, 2002. (Consensus) THIS ITEM TO BE HEARD AT 10:00 A.M. Public Petition request by Representative Irving Slosberg regarding Dori Slosberg Driver Education Safety Act. Staff to prepare Ordinance for advertising (consensus) De Public Petition request by Mr. Jim Kramer to discuss Towing Ordinance. County Attorney to bring back amendments at a future meeting (consensus) Ee Public Petition request by Mr. Jim Kramer to discuss Alleged Hepatitis Outbreak in Cop,land. Chairman to send letter to the Sheriff's Office requesting investigation into this matter; Kramer to meet with attorney's with the Sheriff's office (consensus) Public Petition request by Richard Yovanovich, representing Toll Brothers, regarding Naples Lakes Country Club/Blockbuster, Shipmates and Dry Cleaners. Staff to bring back as a regular agenda item on September 24, 2002 (consensus) 7. BOARD OF ZONING APPEALS This item continued from the July 30~ 2002 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR- 4 September 10, 2002 2691, Don Cahill, of Don Cahill Architect/Builder, representing William and Joann Reckmeyer, requesting variances in the PUD Zoning District as follows: 1) From the required Gulf Front Yard (PUD Ordinance 85-83) Setback that aligns with the State of Florida Coastal Construction Setback Line (CCSL) to allow (A) the balconies to extend a maximum of 8 feet West of the CCSL; (B) the roof to extend a maximum of eight feet five inches West of the CCSL; (C) the shear wall to extend a maximum of ten feet five inches West of the CCSL; and 2) From the 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. Res. 2002-375 - Adopted as per proposal "C", as amended - 3/1 (Commissioner Henning opposed and Commissioner Coyle out) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2002-AR- 2011, Cynthia G. Yanosik, P.E., of Community Engineering Inc., representing Strand Professional Panners Inc., requesting a 5-foot after-the-face variance from the required 20-foot rear yard setback to 15 feet; a 5-foot after-the-fact variance from the required 20-foot side yard setback to 15 feet; and a 2-foot after-the-fact variance from the required 24-foot width of a drive-aisle to 22 feet for property located at 5692 Strand Court, in Section 19, Township 48 South, Range 26 East, Collier County, Florida. Res. 2002-376 - Adopted 4/0 (Commissioner Coyle out) Ce Petitioner requests and Staff recommends that this item be Continued to the October 22~ 2002 BCC Meeting. VA-2002-AR- 2015 Austin White, of Becket and Poliakoff, P.A. representing Unit Owners of the Manatee Resort Condominium Association requesting relief in the RT Zoning District from the 500 square foot maximum size for a hotel unit set forth in LDC Section 2.2.8.4.7.2.1., to allow four (4) units of the total 19 as-built units to have 3,200 square feet of floor area (includes 550 square foot lanai) and to allow 15 units to have 2,625 square feet of floor area (includes 543 square foot lanai), for property located at 9566 Gulfshore Drive, further described as the 5 September 10, 2002 North 50 of Lot 14 and all of Lots 15 and 16, Block B, Conners Vanderbilt Beach Estates Unit 1, Collier County, Florida. Continued to October 22, 2002 - 4/0 (Commissioner Coyle out) ADVERTISED PUBLIC HEARINGS Be Approve the Collier County Fire Prevention and Protection Code Ordinance. Continued and Staff to work with Commissioner Itenning re language clarification - 5/0 Recommendation that the Board of County Commissioners adopt Resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Res. 2002-377 (District 1) & Res. 2002-378 (District 2) - Adopted 5/O This item continued from the July 30, 2002 BCC Meeting. 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 severability; and, providing for an effective date. Res. 2002-379 transmitting to DCA - Adopted as amended 4/1 (Commissioner Coletta opposed) 6 September 10, 2002 This item continued from the July 30, 2002 BCC Meeting, Ord. 91-102 (LDC). 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, including Amendments to Division 2.3, Off-Street Parking and Loading; Section Four, Conflict and Severability; Section Five, Inclusion in the Land Development Code; and Section Six, Effective Date. Ord. 2002-45 Adopted w/changes - 5/0 Continued to October 8, 2002: E. This item continued from the July 30, 2002 BCC Meeting, ST- 2194. 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 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 corner of the Intersection of US-41 and CR-951 in Section 3, Township 51 South, Range 26 East, Collier County, Florida. F. This item has been deleted. Ge Ho This item has been continued to the October 22, 2002 BCC Meeting. RZ-2001-AR- 1595, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital Ltd., requesting a rezone from RSF-3 to RSF-5 for a seventeen-lot single- family home subdivision on 4.26+/- acres on 2951 44th Terrace SW, further described as Golden Gate Unit 3, Block 103, as recorded in Plat Book 5, Pages 97-105, Collier County Records in Section 27 Township 49 South, Range 26 East, Collier County, Florida. This item has been continued to the October 22, 2002 BCC Meeting. RZ-2001-AR- 1596, James G. O'Gara of Marquette, Development Company, representing Golden Gate Capital, Ltd., requesting a rezone from RSF-3 to RSF-5 for a thirteen-lot single- family subdivision on 3.15+ acres located at 4501 30th Avenue SW in 7 September 10, 2002 e Golden Gate Unit #3, Block 104, Parcel 1, as recorded in Plat Book 5, Pages 97-105, Collier County Records, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. BOARD OF COUNTY COMMISSIONERS Ao Be Ce THIS ITEM TO BE HEARD AS THE CRA BOARD - Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Resolution 2002-380 appointing Ronald DeFlavis - Adopted 5/0 Appointment of Commissioners to serve on the Value Adjustment Board and set tentative dates for the hearings. Appointing Commissioners Fiala, Coletta & Coyle; Commissioners Henning & Carter to serve as alternates - Approved 5/0. Hearings to held on October 2 & 3, 2002. Confirmation of member to the Health and Human Services Advisory Committee. Resolution 2002-381 confirming Angela Valvo Collins - Adopted 5/O De Ee Appointment of member to the Development Services Advisory Committee. Resolution 2002-382 appointing Robert Mulhare - Adopted 5/0 Appointment of members to the Collier County Code Enforcement Board. Resolution 2002-383 appointing Sheri Barnett - Adopted 5/0 This item has been deleted. G. THIS ITEM WAS VOTED FOR RECONSIDERATION AT THE 6/25/02 MEETING AND IS FURTHER RECOMMENDED TO BE CONTINUED TO THE 9/24/02 MEETING. 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." 8 September 10, 2002 Added: Je Ke te Discussion regarding Immokalee Impact Fees. (Commissioner Tom Henning) Staff to discuss at workshop later this month. (Consensus) Appointment of members to the Health Planning Council of Southwest Florida Inc. Resolution 2002-384 appointing Thomas Schnieder & Larry Ray - Adopted 5/0 Appointment of members to the Contractors' Licensing Board. Resolution 2002-385 appointing Ann Keller & Margaret Rodgers - Adopted 5/0 Consideration of the creation of a "Citizens Corps" Advisory Council to the Board of County Commissioners. (Commissioner Henning) Approved 5/0 Discussion regarding FAC's request for a special assessment for Article V. (Commissioner Carter.) Discussed 10. COUNTY MANAGER'S REPORT Ae Be Ce Anthony Bove representing the Knights of Columbus requesting a fee waiver in the amount of $100 for a Parade Permit for a Columbus Day Parade. (Norman Feder, Administrator, Transportation) Denied; Staff to collect all fees in the future - 5/0 Status Report to the Board regarding access issues for G's General Store at the Intersection of Golden Gate and Wilson Boulevard. (Norman Feder, Administrator, Transportation) County responsible for the cut in the median leading to both properties and Mr. Risher to be responsible for access road; both projects to be tied together - 5/0 This item has been deleted. Recommendation that the Board of County Commissioners review and approve a Scope of Services and Funding for a Contract with 9 September 10, 2002 Dover, Kohl and Parmers for the Development of the Naples Park Community Plan. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 me Authorize a Budget Transfer from the General Fund to the Development Services Fund in the amount of $4,050.00 to pay the Gulf Coast Skimmers Water Ski Show, Inc., variance application fees for two off-site signs. (Joseph K. Schmitt, Administrator, Community Development) Staff to come up with Plan to accommodate Gulf Coast Skimmer's and 6 month extension granted for signs while working through the process - 5/0 Fe Recommendation to confirm the promotion of Mr. Leo E. Ochs, Jr. to the position of Deputy County Manager. (James V. Mudd, County Manager) Approved - 3/0 (Commissioners Carter and Henning out) Go Board approval of a Budget Amendment in the amount of $106,000, funding unbudgeted Personal Services Expenses in the County Manager's Office. (Mike Smykowski, Director, Office of Management and Budget) Approved - 4/0 (Commissioner Carter out) Request for approval and funding of a Public Information Coordinator position for the Public Utilities Division to provide division-wide communications resources to satisfy a variety of critical needs ($53,200). (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Moved from Item #16A21: I. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Four". Continued for 30 days - 5/0 Moved from Item #16A22: J. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Five". 10 September 10, 2002 Continued for 30 days - 5/0 Moved from Item #16C16: K. Approve a Resolution adopting the Collier County North County Water Reclamation Facility (NCWRF) expansion to 30.6 MGD (Million Gallons Per Day) Facilities Plan Update, authorize the submission of this plan to the Florida Department of Environmental Protection (FDEP), to facilitate the State Revolving Loan Approval Process, and authorize the Public Utilities Administrator to carry out the County's responsibilities under the Loan Program. Res. 2002-374 - Adopted 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS Ae Anthony Pires re Contractors' Licensing Ordinance Longshoremen Insurance 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae BCC Meetings in November and December to be held 11/5/02, 11/19/02; 12/03/02 and 12/17/02 - 4/0 (Commissioner Carter abstained). Be County Manager Mudd to provide memo to BCC relating to future presentations of Employee Service Awards. C. Commissioner Henning re Study for dredging Goodland canals. D. Commissioner Fiala re "Open" neon signs 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate 11 September 10, 2002 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) 3) 4) Board approval of Budget Amendment realigning Personal Services Funds regarding reorganization of Community Development and Environmental Services Division, as approved by the County Manager on May 22, 2001. Approve an Agreement to accept a 100% reimbursable Florida Fish and Wildlife Marine Turtle Grant in the amount of $5,000. Code Enforcement Lien Resolution approvals. Res. 2002-345 through Res. 2002-353 Petition AVESMT2002-AR2930 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a Utility Easement conveyed to Collier County by separate instruments and recorded in Official Record Book 2270, Pages 1839 through 1840, and Official Record Book 1335, Pages 62 through 65, Public Records of Collier County, Florida. Located in Section 6, Township 52 South, Range 26 East. Res. 2002-354 5) 6) 7) This item has been deleted. Final acceptance of Water Utility Facilities for Vanderbilt Pines, Phase 3, Waterford. With release of Utilities Performance Security to the Project Engineer or the Developer's designated agent Final acceptance of Water Utility Facilities for Vanderbilt Pines, Phase 3, Wedgewood. 12 September 10, 2002 8) With release of Utilities Performance Security to the Project Engineer or the Developer's designated agent Request to accept an alternate Performance and Maintenance Security and Construction and Maintenance Agreement from the Estates at Bay Colony Golf Club Neighborhood Association, Inc. With release of the current securities to WCI 9) 10) 11) 12) Final acceptance of Water Utility Facilities for Chrisms Victor Lutheran Church. With release of Utilities Performance Security to the Project Engineer or the Developer's designated agent Request to approve for recording the Final Plat of "Classics Plantation Estates, Phase Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Request to approve for recording the Final Plat of "Galilee". Request to approve for recording the Final Plat of"Westview Commerce Park". 13) 14) 15) Request to approve for recording the Final Plat of "Shores at Berkshire Lakes, Phase Two-C". Request to approve for recording the Final Plat of "Ibis Cove Phase Two-B", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations Request to approve for recording the Final Plat of "Ibis Cove Phase Two-C", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations 13 September 10, 2002 16) Request to approve for recording the Final Plat of "Laurel Lakes Phase Two at Laurelwood, a P.U.D.", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations i7) Request to approve for recording the Final Plat of "Laurel Lakes Phase Three at Laurelwood, a P.U.D.", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With Stipulations 18) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Ketch Cay at Windstar, Unit One". Res. 2002-355 with release of maintenance security 19) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Ketch Cay at Windstar, Unit Two". Res. 2002-356 with release of maintenance security 20) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for '"'Ketch Cay at Windstar, Unit Three" Res. 2002-357 with release of maintenance security. Moved to Item #10I: 21) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Four". Moved to Item #10J: 22) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Stonebridge Unit Five". 23) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Pelican Strand Replat Tract 15". 14 September 10, 2002 24) 25) 26) Res. 2002-358 with release of maintenance security Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Vanderbilt County Club - ,,. Res. 2002-359 with release of maintenance security Final acceptance of Water Utility Facilities for Fairway Preserve Apartments. With release of the Utilities Performance Security to the Project Engineer or the Developer's designated agent Approve an Agreement with the Economic Development Council of Collier County, Inc. (EDC) to execute continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for Fiscal Year 2002-2003. Be 27) Approval of the Mortgage and Promissory Note for a Twelve Thousand Five Hundred Sixty-Six ($12,566) Dollar Loan to Collier Housing Alternatives, Inc., a Non-Profit Housing Provider, to assist in the rehabilitation of fifteen (15) special needs affordable housing units. 28) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of"Vanderbilt Country Club". Res. 2002-360 with release of maintenance security 29) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for "Livingston Road, Phase One (Immokalee Road to Mediterra Entrance)". Res. 2002-361 with release of maintenance security TRANSPORTATION SERVICES 1) Approval to maintain the curbed median area at the intersection of Radio Road and Commercial Boulevard. 15 September 10, 2002 2) Approve by Resolution the Local Agency Program Agreement between Collier County and the Florida Department of Transportation for the design and construction of ramp improvements for the Immokalee Road/I-75 Interchange Improvements. Res. 2002-362 3) Collier County Board of County Commissioners (BCC) authorizing the Chairman to sign a Memorandum of Agreement with the Florida Commission for the Transportation Disadvantaged (CTD). Continued to 4) October 8, 2002: A Resolution authorizing speed limit increases from twenty- five miles per hour (25 MPH) to thirty-five miles per hour (35 MPH) on Tropicana Boulevard and Coronado Parkway at a cost of approximately $800. Deleted: 5) Authorize the execution of a Quitclaim Deed to the property owner of any interest the County may have in a 30-foot strip of land along the North boundary of the Terrafina PUD. 6) Approve Work Order for $1,830,620.00 for the Construction Engineering and Inspections Services by AIM Engineering and Surveying, Inc., for Livingston Road Phase III (Pine Ridge Road to Immokalee Road) six lane improvements, Project No. 62071. 7) Approve Work Order for $854,078.00 for the Construction Engineering and Inspections Services by HDR Construction Control Corporation for Livingston Road Phase IV (Immokalee Road to the County Line) four and six lane improvements, Project No. 65041. 8) Approval to renew the Airport-Pulling Road and Immokalee Road Current Maintenance Contracts in the estimated amount of $138,000 for Airport-Pulling Road and $65,000 for Immokalee Road to Commercial Land Maintenance Inc., for a 16 September 10, 2002 Fourth and Final-One Year. 9) 10) Approve Change Order No. 1 to Construction Contract #98- 2905 for Better Roads Inc., to modify the Radio Road Median Opening between Industrial Boulevard and Commercial Boulevard. In the amount of $11,200.00 A Resolution authorizing the speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) on 13th Street Southwest from Golden Gate Boulevard to 16th Avenue Southwest at a cost of $100. Res. 2002-363 11) Resolution of the Collier County Board of County Commissioners approving the expenditures of funds for activities and incentive prizes for children active in the Annual Walk Our Children to School Day. Res. 2002-364 C. PUBLIC UTILITIES 1) 2) 3) 4) Authorize the Chairman to accept the Year 2002/2003 Waste Tire Grant Offer in the amount of $38,171 and authorize the Solid Waste Director to sign the Agreement. Approval of Budget Amendment to transfer funds from the Water Distribution Telemetry Project to the Facility Rehabilitation Project for the installation of an additional variable frequency drive at the Raw Water Booster Station in the amount of $91,600. Recommendation to award Bid #02-3395 - "Annual Contract for Emergency and Scheduled Sewage Hauling" to J.C. Drainfield for the approximate amount of $150,000. Authorize conveyance of easements to Florida Power and Light Company for the installation of Electric Utility Facilities across the County owned property North of the Naples Landfill at no 17 September 10, 2002 5) 6) 7) 8) financial impact upon the County. Award Bid No. 02-3404R for backflow prevention assemblies and associated materials in the estimated amount of $361,517. Awarded to Hughes Supply, Inc. This item has been deleted. Approve and accept the execution of two utility easement agreements for the location of the 30" raw water main in the Tamiami Wellfield in the amount of $24,650. As outlined in the executive summary Approve a Resolution to authorize the Public Utilities Administrator or his designee to execute agreements for Cooling Tower Deduct Meters, and approve Agreement, Procedures and Application, for the Cooling Tower Deduct Meters (Recording Fees approximately $15.00). Res. 2002-365 9) Accept Livingston Road Utility Facilities provided in accordance with Developer Contribution Agreement with Long Bay Partners LLC in the amount of $883,825. Waive Formal Competition and approve the purchase and installation of four (4) Allen-Bradley Variable Frequency Drives (VFD's) at the South County Water Reclamation Facility, for an installed price of $82,818.00. Installation by Cogburn Bros., Inc. Approve a Work Order to Youngquist Brothers Inc. in the amount of $649,500 to fund and complete the repair of Deep Injection Well//2 at the North Regional Water Treatment Facility, Well # 1 currently is under similar repair. Award Contract in the amount of $745,983 for South County Regional Water Treatment Plant Test Well Construction, Bid #02-3403. Awarded to Diversified Drilling Corporation 18 September 10, 2002 13) Accept a Utility Easement for the construction of a reclaimed water main along the North side of Vanderbilt Beach Road Extension at a cost not to exceed $2,170. 14) Approve funding for advancing the acquisition of property related to future water and sewer facilities in the amount of $40,000. 15) Approve a Budget Amendment in the amount of $200,000 to fund unanticipated expenses within the Water Department. Moved to Item #10K: 16) Approve a Resolution adopting the Collier County North County Water Reclamation Facility (NCWRF) expansion to 30.6 MGD (Million Gallons Per Day) Facilities Plan Update, authorize the submission of this plan to the Florida Department of Environmental Protection (FDEP), to facilitate the State Revolving Loan Approval Process, and authorize the Public Utilities Administrator to carry out the County's responsibilities under the Loan Program. D. PUBLIC SERVICES 1) Acceptance of Library Current Year Action Plan and approval of Library State Aid Application. (FY03 Grant Revenue of $350,000) E. ADMINISTRATIVE SERVICES 1) Approve a Budget Amendment to appropriate Building Maintenance Special Service Revenues totaling $30,000 for reimbursement of operating expenses in Fiscal Year 2002. 2) Award Contracts #01-3290 "Fixed Term Professional Engineering Services" to the following firms: Agnoli, Barber and Brundage, Pitman Hartenstein and Associates, TBE Group and Johnson Engineering, (estimated annual amount $1,000,000). 19 September 10, 2002 Fe 3) Award RFP 02-3354 - Comprehensive Energy Management and Retrofit Services to Siemens Building Technologies, Inc. 4) Approval of RFP #02-3363 to David Lawrence Mental Health Center, Inc., DBA Employee Assistance Services of SW Florida for Employee Assistance Services, at an annual cost of $28,000. 5) Approval to award Bid #02-3380 "Purchase and Installation of Floor Covering" to Wayne Wiles Carpets, Inc. EMERGENCY SERVICES Ge 1) Secure approval of an assignment of lease between Omnipoint Holdings Inc., and Clearshot Communications, Inc., having no fiscal impact on the County. For the construction of a flagpole type communications tower at the Golden Gate Public Safety Complex 2) Approve a Budget Amendment transferring $505,500 from EMS Ambulance Fees and $86,800 from Reserves for contingencies to EMS Personal Services Budget to meet FY 02 Payroll Expenses. 3) Approval of an agreement between Collier County and Dr. Marta U. Cobum, M.D., Florida District Twenty Medical Examiner DBA/District Twenty Medical Examiner, Inc., to provide Medical Examiner Services for Fiscal Year 2003 at a cost of $748,500. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Boards scheduled recess. (1) Budget Amendment #02-443-Transportation Services (2) Award Work Order VC-02-01 to Varian Construction Company for the construction of Gulf Shore Beach Access.-In the amount of $102,930 20 September 10, 2002 (3) Approve the Home Care for the Elderly Continuation Grant and authorize the Chairman to sign the Contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida-In the amount of $89,586 (4) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida-In the amount of $614,132 (5) Approve the Alzheimer's Disease Initiative Continuation Grant and authorize the Chairman to sign the Contract between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida-In the amount of $101,546 (6) Approve Work Order #ME-FT-02-4 in the amount of $114,966 for Water System Vulnerability Assessment at Collier County Water Facilities-With Metcalf & Eddy, Inc. (7) Budget Amendment #02-463-Immokalee Redevelopment (8) Approve a limitation on through truck traffic on Thirteenth Street SW in Golden Gate Estates at a cost of $200-Res. 2002- 366 (9)Award Bid #02-3401 in the amount of $45,303 to Asphaltech, Inc., for parking lot seal coating and restriping at six park locations (10) Waive requirement for competition and authorize Public Resource Management Group, Inc. (PRMG) to conduct rate studies in the approximate amount of $60,000; and approve necessary Budget Amendments (11) , Award contracts to supply reverse osmosis membranes to the South County Regional Water Treatment Plant 8-MGD Reverse Osmosis Expansion and County Water Plants (Bid 02- 21 September 10, 2002 He 2) 3400)-Awarded to TriSep Corp. and Film Tec Corp in the amount of $590,400.00 (12) Approve a Budget Amendment to transfer $73,000.00 from Gas Tax Reserves to "fast track" the survey portion of the four-lane design improvement to Collier Blvd.(CR951) from Golden Gate Blvd. To Immokalee Rd. (13) Approve Grant Agreement for $92,028.00 with the State Division of historical Resources for the Phase I Restoration of the Roberts Home at the Immokalee Pioneer Museum (14) Approve a Budget Amendment in the Motor Pool Capital Recovery Fund to recognize insurance revenues for current year reimbursements in the amount of $17,900.00 Approval of Budget Amendment Report - Budget Amendment #02-500; #02-502; #02-503; #02-504. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS Je 1) Commissioner request for approval for payment to attend NAACP Freedom Fund Banquet. In the amount of $50.00 for Commissioner Jim Coletta to attend Oct. 19, 2002 function 2) Commissioners' request for approval for payment to attend function service a valid public purpose. 2002 Excellence in Industry Awards Luncheon. (Commissioners Carter, Henning, Fiala and Coletta) In the amount of $45.00 per Commissioner to attend Sept. 18, 2002 function MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to file for Record as Directed. 22 September 10, 2002 K. OTHER CONSTITUTIONAL OFFICERS 1) Accept a Civic Traffic Infraction Hearing Officer Grant-in-Aid from the Office of the State Court Administrator and authorize Chairman to sign the Agreement (FY03 Grant Revenue of $6000). 2) Request that the Board of County Commissioners approve a Budget Amendment transferring funds from General Fund Reserves to the Sheriff's Office Budget. 3) That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $1,800,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the purchase of mobile data infrastructure for implementation of the Mobile Data Project. Res. 2002-367 4) That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $1,400,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the purchase of equipment and services necessary to add two additional towers to the County's 800 MHz radio system. Res. 2002-368 5) That the Board of County Commissioners adopt a Resolution authorizing the borrowing of an amount not to exceed $2,750,000 from the Florida Local Government Pooled Commercial Paper Loan Program for the acquisition of 99 acres related to the Lely Stormwater Improvement Project. Res. 2002-369 6) 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 for the period July 20, 2002 through July 31, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for 23 September 10, 2002 review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building. 7) 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 for the period July 1, 2002 through July 19, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building. 8) 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 for the period of August 1, 2002 through August 16, 2002 serve a valid public purpose and authorize the expenditure of county funds to satisfy said purchases. The Open Purchase Order Report is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building. L. COUNTY ATTORNEY 1) Approval of the Stipulated Order of Taking and Final Judgment relative to the Fee Simple Acquisition of Parcel 219 in the Lawsuit entitled Collier County v. Cary B. Collins, et ux, et al, (Immokalee Phase 1 Project). Staff to deposit the sum of $4,300.00 into the Registry of the Court 2) Recommendation that the Board of County Commissioners approve the Settlement in the Case Styled Collier County v. Mark Steven Vogel, Case No. 02-835-CC, now pending in the County Court of the 20th Judicial Circuit in and for Collier County, Florida, for $7,200.00 (seventy-two hundred dollars). Said Settlement was arrived at during settlement negotiations. 3) Recommendation that the Board pay the reasonable attorney's fees and costs incurred by the County employee in connection with the March 7, 1999 sulfuric acid spill at the North County 24 Sel~tember 'l 0, :~002 17. Regional Water Treatment Plant as he has successfully completed pretrial diversion and the charges against him have been dismissed and that the Board approve any necessary Budget Amendment. In the amount of $16,784.07 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 361 in the Lawsuit entitled Collier County v. Tony Guarino, III, et al, (Golden Gate Boulevard Project, Project No. 63041). Staff to deposit the sum of $4,000.00 into the Registry of the Court upon entry of the Stipulated Final Judgment 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. Ae Approve the County's Community Development Block Grant Program Year 2001-2002 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize staff to submit the CAPER to the U.S. Department of HUD. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2002-AR2586 to disclaim, renounce and vacate the 25 September 10, 2002 County's and the Public's interest in a portion of the 20 foot wide Maintenance Easement located along the rear of Lot 88, according to the Plat of"Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80, Public Records of Collier County, Florida. Located in Section 6, Township 50 South, Range 26 East. Res. 2002-370 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA-2001-AR- 1710 Greg White, of Finishing by Baker, representing Jose and Carol Rocha, requesting a 2.5 foot after-the-fact variance in the PUD Zoning District from the required 12-foot side yard setback to 9.5 feet for a swimming pool and enclosure on property located at 215 San Mateo Drive, further described as Lot 41, Southport on the Bay Unit 1, Plat Book 15, Pages 51-53, as recorded in the Public Records of Collier County, Florida, in Section 6, Township 48 South, Range 25 East. Res. 2002-371 De This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. YA-2002-AR- 2044, Richard D. Yovanovich, of Goodlette, Coleman and Johnson, P.A., representing Chris Cox, requesting a 30-foot variance from the required 40-foot rear yard setback to 10 feet for property located at 4790 Radio Road, in Section 1, Township 50 South, Range 25 East, Collier County, Florida. Res. 2002-372 as amended This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVROW2001-AR1578 to disclaim, renounce and vacate the County's and the Public's Interest in a portion of a road right of way for Cocohatchee Street which was dedicated to the County by the Plat of "Palm River Shores", as recorded in Plat Book 3, Page 27, Public Records of Collier County, Florida. Located in Section 22, Township 48 South, Range 25 East. Res. 2002-373 18. ADJOURN 26 September 10, 2002 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 27 September 10, 2002