Recap 02/11/2003 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 11, 2003
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 THE TIME IS ADJUSTED 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
February 11, 2003
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.
2e
e
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Associate Pastor Roy Fisher, First Baptist Church of Naples
AGENDA AND MINUTES
Ae
Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 5/0
Be
January 14, 2003 - Regular Meeting
Approved as Presented - 5/0
SERVICE AWARDS
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
Withdrawn:
A. This item continued from the January 28, 2003 BCC Meeting. Public
Petition request by Mr. Jim Kramer to discuss Selective Non-Enforcement of
the Collier County Sign Ordinance.
Be
Public Petition request by Mr. Jim O'Shea to discuss a modification of the
license of The Willough at Naples.
2
February 11, 2003
To be brought back as a regular agenda item.
Continue to March 11, 2003
C. Public Petition request by Dr. Theodore Raia to discuss site plan for Cap
d'Antibes at Waterpark Place in Pelican Bay.
Public Petition request by Mrs. Julie Sturdivent to discuss a proposed public
neighborhood park in Livingston Woods.
To be brought back as a regular agenda item.
Public Petition request by Mr. Larry Basik to discuss sign and school bus
shelter in R.O.W. located at 14th Street and Cypress Woods Drive.
Discussed-No Action
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the December 17~ 2002 BCC
Meeting. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. RZ-2001-AR-
1649, Robert L. Duane, of Hole Montes Inc., representing Craig D.
Timmins, Trustee, requesting a rezone from RSF-3 to C-1 for property
located South of Immokalee Road on the East side of Veterans Park Drive,
in Section 26, Township 48 South, Range 25 East, Collier County, Florida.
Motion to deny - Approved 3/2 (Commissioners Henning and Coyle
opposed)
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition No. CP-2000-
6, Growth Management Plan Amendments 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. (Adoption Hearing-Dri-
3
February 11, 2003
Related Amendment)
Ord. 2003-07 Adopted w/stipulations - 5/0
9. BOARD OF COUNTY COMMISSIONERS
Ae
Appointment of members to the Land Acquisition Committee.
Res. 2003-76 appointing to a 3-year term: Ellin Goetz, Wayne Jenkins,
and Willis P. Kriz; appointing to a 2-year term: Linda A. Lawson,
William H. Poteet, Jr., and Kathy Prosser; appointing to a 1-year term:
John E. Carlson, Michael J. Delate, and Marco A. Espinar -
Adopted 5/0
Be
Appointment of member to the Collier County Planning Commission.
Res. 2003-77 appointing Bradley William Schiffer - Adopted 5/0
Ce
Appointment of members to the Collier County Code Enforcement Board.
Res. 2003-78 appointing Albert Doria, Jr., Kathryn Godfrey, Gerald J.
Lefebvre and Goerge P. Ponte - Adopted 5/0
De
Appointment of member to the Workforce Housing Advisory Committee.
Res. 2003-79 appointing Vincent A. Cautero - Adopted 5/0
Confirmation of members to the Collier County Coastal Advisory
Committee.
Res. 2003-80 appointing John Arceri and Bedford Biles - Adopted 5/0
Moved from Item #10C
F. Approve the "Orangetree Government Service Day" Event and related
Budget Amendment. (Jim Mudd, County Manager)
Approved 3/2 (Commissioners Itenning and Coyle opposed)
Moved from Item #10D
G. Approve payment of construction cost differential to Florida Power and
Light for underground electrical distribution lines in lieu of overhead power
distribution lines along 91 st Avenue North, not to exceed $60,000. (Joseph
Schmitt, Administrator, Community Development)
To be brought back on February 18, 2003 as Emergency BCC Meeting
- Approved 5/0
4
February 11, 2003
10. COUNTY MANAGER'S REPORT
Ae
Adoption of a Resolution opposing discrimination against all citizens of
Collier County. (Debbie Wight, Assistant to the County Manager)
Resolution 2003-81 - Adopted 4/1 (Commissioner Coyle opposed)
Be
Adoption of Resolutions authorizing the issuance of Collier County, Florida
Gas Tax Revenue Bonds, Series 2003 in order to effect such financing and
refinancing; providing certain terms and details of said bonds, including
authorizing a negotiated sale of said bonds; delegating certain authority to
the Chairman for the execution and delivery of a purchase contract;
appointing the Paying Agent and Registrar for said bonds; and providing an
effective date. Copies of the Gas Tax Revenue Bond is on display in the
County Manager's Office, 3301 East Tamiami Trail, 2nd Floor, W. Harmon
Turner Building, Naples. (Michael Smykowski, Director, Office of
Management and Budget)
Res. 2003-82 authorizing Collier County's Road Improvement
Refunding Revenue Bonds, Series 1995- Adopted 5/0; Res. 2003-83
adopting the Supplemental Resolution authorizing matters such as a
negotiated sale of bonds - Adopted 5/0. Associated Budget
Amendments - Approved 5/0
Moved to Item #9F
C. Approve the "Orangetree Government Service Day" Event and related
Budget Amendment. (Jim Mudd, County Manager)
Moved to Item #9G
D. Approve payment of construction cost differential to Florida Power and
Light for underground electrical distribution lines in lieu of overhead power
distribution lines along 91 st Avenue North, not to exceed $60,000. (Joseph
Schmitt, Administrator, Community Development)
me
Staff requests the Board of County Commissioners adopt a Resolution
repealing Resolutions pertaining to Land Acquisition, delay acceptance of
recorded easements for Whippoorwill Lane and clarify Collier County's
position. (Norman Feder, Administrator, Transportation Services)
Resolution 2003-84 - Adopted 5/0
Moved from Item #16A2
5
February 11, 2003
Fe
Approval of a specific expenditure for an Affordable Housing Lenders'
Workshop sponsored by the Financial Administration and Housing
Department.
Approved - 5/0
Moved from Item #16F2
G. Approve the Local Government Access Television Policies and Guidelines.
Approved as amended - 5/0
11.
PUBLIC COMMENTS ON GENERAL TOPICS
A. Bob Krasowski re zero waste workshop.
12. COUNTY ATTORNEY'S REPORT
13.
Ae
Presentation by staff to Board of County Commissioners for its review of a
proposed settlement offer in the Companion Impact Fee Collection Cases of
Collier Coun _ty v. Nationwide and Nationwide v. Collier County.
Staff's recommendation to reject Homewood's offer approved - 5/0
Be
Consideration of approval of Settlement Agreement and Mutual Release for
previously unpaid educational, community and regional parks and library
impact fees for Arden Courts at Lely Palms and Manor Care at Lely Palms.
Staff's recommendation to accept settlement agreement - Approved -
4/1 (Commissioner Halas opposed)
OTHER CONSTITUTIONAL OFFICERS
Continued to February 25, 2003
A. Discussion regarding construction of the North County Library and the
expansion of the North County Wastewater Reclamation Facility.
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A®
Be
Potential purchase of two homes on Tropicana Boulevard to create an
entrance to the proposed new high school in Golden Gate City.
Discussed
Update re Vellagio Grand litigation.
6
February 11, 2003
C. Discussion re Conservation Collier
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 - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Petition AVESMT2002-AR3349 to disclaim, renounce and vacate the
County's and the Public's Interest in two 30 foot wide parcels of land
conveyed to Collier County by separate instrument for road right-of-
way, utilities and drainage, as recorded in Official Record Book 484,
Page 523 and Page 525, Public Records of Collier County, Florida,
located in Section 21, Township 48 South, Range 26 East.
Res. 2003-65
Moved to Item #10F
2) Approval of a specific expenditure for an Affordable Housing
Lenders' Workshop sponsored by the Financial Administration and
Housing Department.
3)
Code Enforcement Lien Resolution Approvals.
Res. 2003-66 and 2003-67
4)
Approve 2003 Tourism Agreement with Naples Botanical Gardens for
Tourist Development Special Museum Grant of $500,000.
5)
Approval of one (1) Impact Fee Refund Request totaling $68,220.
To Dolphin Cove Development of Goodland, Inc.
6)
Final acceptance of Water Utility Facilities for The Dunes, Phase 1.
w/release of Utilities Performance Security
7)
Final acceptance of Water Utility Facilities for The Dunes, Phase 2-A.
w/release of Utilities Performance Security
7
February 11, 2003
8)
9)
io)
11)
i2)
13)
Recommendation to approve the early excavation of the Lake System
at the proposed Arrowhead PUD located in Section 31, Township 46
South, Range 29 East, bounded on the South and West by land zoned
A-MHO, on the East by Carson Road and land zoned A-MHO, and on
the North by Lake Trafford Road and land zoned agricultural.
w/posting of Security Bond in the amount of $25,000
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Island Walk Phase Four".
Res. 2003-68
Request to approve for recording the final plat of "Indigo Lakes Unit
Six" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
w/stipulations
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Marsh Unit Two".
Res. 2003-69
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Marsh Unit Six".
Res. 2003-70
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Marsh Unit
Twenty".
Res. 2003-71
TRANSPORTATION SERVICES
1)
2)
Approve a Budget Amendment to recognize a developer contribution
in the amount of $7,500.00 for the Wiggins Pass Road Outfall Project
(Project No. 51212).
Recommendation to award Bid #03-3460 - "Purchase of One (1)
4,000 Gallon Water Truck" to Wallace International Trucks, Inc., in
the amount of $92,900.
8
February 11, 2003
3)
4)
5)
Approve an Easement Agreement and accept an Access Easement
which is required for periodic maintenance of the Golden Gate Main
Canal under the bridge constructed at 13th Street SW (Project No.
69068). Fiscal Impact: $7,360.
Approve Change Order No. 2 to the Immokalee Road/I-75
Interchange Construction Contract in the amount of $378,114.66
which includes a portion of work to be paid for by Brentwood Land
Partners, LLC. (Project No. 66042A)
w/Better Roads, Inc.
Approve a Change Order in the amount of $30,366.70 with Better
Roads, Inc. for median improvements on Pine Ridge Road, Project
No. 60016.
C. PUBLIC UTILITIES
Do
1)
2)
3)
Approve an Easement Agreement and accept a Utility Easement for
the Golden Gate Wellfield Reliability Improvements Project at a cost
not to exceed $1,500.00.
w/stipulations
Approve an Amendment to Work Order SC-02-45 with Surety
Construction Company, for the North County Regional Water
Treatment Plan Noise Abatement, Project 70063, in the amount of
$10,276.69.
Approve a Work Order with Greeley and Hansen LLC to perform an
Inflow and Infiltration Study for the South County Wastewater
Service Area in the amount of $297,880, Project Number 73164.
Public Utilities Engineering Director to execute the Work Order
PUBLIC SERVICES
1)
Acceptance of an additional $66,179 in State Aid to Libraries in
FY03.
2)
Award of Bid #03-3438 to Golden Gate Nursery and Sod and Leo's
Sod for purchase and delivery of turf at a projected cost of $70,000.
9
February 11, 2003
me
3)
Approval of contract to Sweet, an Ortivus Company, for the purchase
of billing software for the EMS Department in the amount of $25,435.
ADMINISTRATIVE SERVICES
Fe
1)
2)
3)
4)
6)
To Award RFP 03-3447 "Office Supplies and Office Furniture" at an
estimated annual cost of $350,000.
To Marco Office Supply
Approval of the attached Resolution providing for the Acceptance of
Conveyances made in compliance with Development Commitment
Requirements of all Ordinances and Agreements or as an integral part
of Capital Improvement Projects and authorizing the Board of County
Commissioners' Chairman, during the 2003 Calendar Year, to execute
certain documents required in connection therewith.
Res. 2003-72
Approval of a Resolution authorizing the Chairman of the Board of
County Commissioners, Collier County, Florida, to execute deeds and
agreements for deed to right of interment for the purchase of burial
plots at Lake Trafford Memorial Gardens Cemetery during the 2003
Calendar Year.
Res. 2003-73
Approval of a Resolution authorizing the Chairman of the Board of
County Commissioners, Collier County, Florida, during the 2003
Calendar Year, to execute agreements, deeds and other documents
required for the sale of GAC Land Trust Property.
Res. 2003-74
Approve the Award of RFP #03-3441, "Air Filtration Services and
Supplies", to Kleen Air Research, for annual air filter services in the
amount of $73,000.
Award Bid #02-3314 for the advertising of Delinquent Real Estate
and Personal Property Taxes at an annual cost of $63,680.
Awarded to the Naples Daily News
COUNTY MANAGER
10
February 11, 2003
1)
Approval of Budget Amendment Report-Budget Amendment #03-180
for $25,000 to complete several ADA related projects, including the
installation of a handicap parking area at the Law Library, and new
railings at Development Services and the Marco Island Library.
Moved to Item #10G
2) Approve the Local Government Access Television Policies and
Guidelines.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1)
Commissioner Henning request for approval to attend EDC
Installation of Officers Dinner as serving a valid public purpose.
In the amount of $85
MISCELLANEOUS CORRESPONDENCE
Je
1) Miscellaneous items to file with action as directed.
OTHER CONSTITUTIONAL OFFICERS
Ko
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.
COUNTY ATTORNEY
1)
2)
Request that the Board of County Commissioners authorize Chairman
Tom Henning to sign the attached Agreement authorizing the Collier
County Sheriff's Office to have Traffic Control Jurisdiction over
private roads within the Island Walk Subdivision.
Recommendation that the Board of County Commissioners waive the
Purchasing Policy, to the extent that is necessary, and ratify and
authorize the Retention of Thomas G. Pelham, Esq., as a consultant or
expert on Land Use Planning Issues in Aquaport v. Collier County,
February 11, 2003
17.
Case No. 2:01-CV-341-FTM-29DNF, now pending in the United
States District Court for the Middle District of Florida and authorize
the Chairman to sign any necessary Retention Documents.
3)
Recommendation that the Board of County Commissioners waive the
purchasing policy to the extent it may be necessary and authorize the
County Attorney to hire the Firm of Carlton, Fields pursuant to the
County's continuing with that firm and specifically Attorney's Marti
Chumbler and Donald Hernke to defend the County in an alleged
Class Action Lawsuit for Inverse Condemnation and Invalidation of
Moratorium that is styled Century Development of Collier County,
Inc., et al, v. Jeb Bush, et al, Case No. 03-117-CA-HDH, now pending
in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, and approve funding and Budget Amendment.
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.
CU-2002-AR-2836 Craig Smith, Owner and Operator of Naples Progressive
Gymnastics, an existing facility, is seeking approval for Conditional Uses
"19" and "20" of the Agricultural "A" Zoning District for Sports
Instructional Schools and Camps and Sporting and Recreational Camps
property located at 3275 Pine Ridge Road in Section 12, Township 49
South, Range 25 East, Collier County, Florida.
Res. 2003-75
18. ADJOURN
12
February 11, 2003
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
13
February 11, 2003