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Recap 03/25/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 25, 2003 8:00 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 FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST 1 March 25, 2003 TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. e THERE WILL BE NO LUNCH RECESS. MEETING IS ANTICIPATED TO END AT 1:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community Church AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 4/0 (Commissioner Halas absent) Be February 25, 2003 - Regular meeting Approved as presented - 4/0 (Commissioner Halas absent) Ce February 28, 2003 - Workshop Approved as presented - 4/0 (Commissioner Halas absent) SERVICE AWARDS 4. PROCLAMATIONS Ae Be Proclamation to observe April as Sexual Assault Awareness Month. To be accepted by Jamie Wills, Victim/Advocate Counselor and Elizabeth Knake, Executive Director. Adopted - 4/0 (Commissioner Halas absent) Proclamation to designate the month of April as Conservancy Volunteer Month. To be accepted by Kathy Prosser, President and CEO of the Conservancy of SW Florida. Adopted - 4/0 (Commissioner Halas absent) Proclamation to proclaim April 5, 2003 as Great American Cleanup Day. To be accepted by Denise Kirk, Water Reduction & Recycling Manager and 2 March 25, 2003 Se Barbara Lee, Adopt-a-Road Coordinator from the Road Maintenance Department of the Transportation Services Division. Adopted - 4/0 (Commissioner Halas absent) PRESENTATIONS 0 Be Recommendation to recognize Kim Hadley, Environmental Specialist, Environmental Services Department, as Employee of the Month for March 2003. Recognized - Approved 4/0 (Commissioner Halas absent) Presentation by Keith Arnold, Florida Lobby Associates, to present update on the current legislative issues affecting Collier County. Presented and discussed (Issues concerned: Health Care costs, Trauma Center, Impact Fees, Communication tower placement, Local option gas tax funding, Extension of SR 29 into state intermodal system, UPL program, Animal Control issues, Water/Sewer Act, Solid Waste disposal, monies requested for projects for Barefoot Beach and Goodland Boating Park) PUBLIC PETITIONS Ae Public Petition request by Mr. Christopher Fowler regarding Special Land Use Permit to operate remote control car races. To be brought forward to a future meeting for consideration -Approved 4/0 (Commissioner Italas absent) BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Ae Request the Board adopt an Ordinance amending Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit; providing for amendment to Section Six to increase the number of members who serve on the Advisory Committee from five to nine; providing for amendment to Section Six to limit membership on the Advisory Committee to three members from each subdivision or community; providing for amendment to Exhibit A to delete Grey Oaks Development from the boundaries of the district, providing for inclusion in the Code of Laws and Ordinances; providing for conflict and 3 March 25, 2003 e severability; and providing for an effective date. Ordinance 2003-12 Adopted with changes -4/0 (Commissioner Halas absent) BOARD OF COUNTY COMMISSIONERS Ae Appointment of members to the Pelican Bay MSTBU Advisory Committee. Resolution 2003-127 appointing Theodore J. Raia, Jr., John Iaizzo, and David C. Nordhoff to serve 4-year terms. - Adopted 4/0 (Commissioner Halas absent) Time Certain 9:30 a.m. B. Reconsideration of discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Halas.) To be brought back to April 22 BCC Meeting - Approved 5/0 Co Discussion regarding Hideaway Beach December, 2002 Renourishment Project. (Commissioner Fiala.) Staff directed to proceed with project with completion by May 1, 2003 - Failed 2/3 (Commissioners Coletta, Halas and Henning opposed) 10. COUNTY MANAGER'S REPORT Ae Be This item to be heard at 11:00 a.m. Review the written and oral reports of the Advisory Boards and Committees scheduled for review in 2003 in accordance with Ordinance No. 2001-55, including the Golden Gate Community Center Advisory Committee, the Immokalee Enterprise Zone Development Agency, the Library Advisory Board, the Pelican Bay MSTBU Advisory Committee, and the Tourist Development Council. (Winona Stone, Assistant to the County Manager) All Boards found to be in accordance with ordinance and to be retained - 4/0 (Commissioner Halas out) Adopt a Resolution to correct a Scrivener's Error in the Order of taking entered by the Court on April 5, 2000 in the Case of Collier County v. Northside Construction, et al, for the Condemnation of Parcel 110 for the Pine Ridge Road Project (Project No. 60111). (Heidi Ashton, Assistant County Attorney, County Attorney's Office) Resolution 2003-128 - Adopted 4/0 (Commissioner Halas out) 4 March 25, 2003 Ce Approve an Amendment to the Original April 10, 2001, and previous July 30, 2002 Amendment to the Florida Department of Environmental Protection Consent Order related to various Wastewater Projects, 73077, 73158, 73164, 73949, and 73950, at no additional cost. (Jim DeLony, Administrator, Public Utilities) Approved 4/0 (Commissioner Halas ou0 Continued D. to April 8, 2003 Recommendation that the Board approve $192,000 in legal support to be performed by Carlton Fields under the existing Continuing Services Contract for Contingent Growth Management Services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process and Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and to apprise the Board of the Work Program for Development of LDC to implement the Final Order Amendments to the GMP. (Joseph K. Schmitt, Administrator, Community Development) Ee Adopt a Resolution opposing any proposed changes to Florida Statutes that will diminish any authority of any Local Government to regulate any Telecommunications Facility except to the extent necessary to facilitate the E911 Program at the specific site of the E911 Telecommunications Facility. (Bleu Wallace, Director, Community Development Environmental Services Operations) Resolution 2003-129 Adopted 4/0 (Commissioner Coletta absent) Approve the borrowing an additional $4.5 million to bring the total to $8.0 million to complete the building expansion of the Community Development and Environmental Services Division's Offices and Construction of the associated parking garage and the borrowing of $2.3 million to fund the replacement of the Division's Business System. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 Time Certain 10:45 a.m. G. That the Board of County Commissioners adopt policies to be used in developing the Collier County Government budget for fiscal year 2004. (Michael Smykowski, Director, Office of Management and Budget) Adopted 4/1 (Commissioner Coyle opposed) 5 March 25, 2003 Approval of a request by the Public Vehicle Advisory Committee that the Board adopt a Resolution authorizing a temporary fuel cost surcharge to allow taxicab drivers to recover some costs of the recent increases in motor vehicle fuels. (Michelle Arnold, Staff Liaison, Community Development) Resolution 2003-130 - Adopted 3/1 (Commissioner Coyle opposed and Commissioner Halas out) Request by David Reinersten, representing Southern Extreme Water Ski Team, to waive fees in the estimated amount of $2525 for a Regional Water Ski Tournament to be held at Sugden Regional Park, June 20 to 22. (John Dunnuck, Administrator, Public Services) Failed 2/1 (Commissioners Coletta opposed, Commissioner Fiala abstained, and Commissioner I-Ialas out) Je Accept a Grant Agreement from the South Florida Water Management District in the amount of $54,000 and authorize a Code Enforcement position for enforcement of the Boards' Irrigation Ordinance. (Jim DeLony, Administrator, Public Utilities) Approved - 4/0 (Commissioner Halas absent) Moved from Item #16C5 - To be heard at 12:00 noon K. Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. Approved - 3/2 (Commissioners Italas and Coletta opposed) Moved from Item #16A16 L. Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's Garage and Office Building. Approved - 5/0 Added M. Resolution to support the continued State funding for primary care facilities through a local, State and Federal matching program. Resolution 2003-131 Adopted with changes - 4/0 (Commissioner Italas absen0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Jim Kramer on communication efforts 6 March 25, 2003 12. COUNTY ATTORNEY'S REPORT 13. Ae Proposed Resolution opposing Senate Bill 1462, which exempts certain construction and demolition debris from Solid Waste Regulations. Resolution 2003-132 Adopted - 4/0 (Commissioner Halas absent) OTHER CONSTITUTIONAL OFFICERS 14. Ae For the Board of County Commissioners to provide funding for a mid-level accountant in the office of the Clerk of the Circuit Court and to direct staff to provide to the Clerk's Office copies of draft executive summaries and supporting documentation at the time they are submitted to the Budget Office for review. Approved - 4/0 (Commissioner Halas absent) AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager, County Attorney, and Selected Commissioner to attend meeting in Tallahassee with Governor's Cabinet on April 8th (will select which commissioner to attend in the near future) B. Encourage everyone to show support of our military C. Sign ordinance discussion 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or adopted with changes - 4/0 (Commissioner Halas absent) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Award of Contract #03-3456 for Professional Engineering Services for Engineering Analysis and Rate Testimony for Orangetree Utilities pursuant to Ordinance No. 96-6, as amended, in the amount of $77,194. 7 March 25,2003 2) 3) Awarded to Hartman & Associates, Inc. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1995-406 styled Board of County Commissioners Collier County, Florida, vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Review Tourist Development related advertising and promotion invoices, determine expenditures serve a Public Purpose, approve appropriate invoices for payment directly to vendors in the amount of $14,067.97 from Fund 194 Reserves, and deny payment of invoice in the amount of $3,857 as recommended by the Tourist Development Council. 4) 6) 7) 8) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1992-23 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-520 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1996-169 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-195 styled Board of County Commissioners Collier County, Florida vs. Nancy Mills regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-21 styled Board of County Commissioners Collier County, Florida vs. Donald Saporito regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. 8 March 25, 2003 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of "Pelican Marsh Unit Twelve". Resolution 2003-121 10) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the Final Plat of"Kathleen Court". Resolution 2003-122 11) Code Enforcement Lien Resolution approvals. Resolution 2003-123 & 2003-124 12) 13) Recommendation to approve a contract with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection (FDEP) as a single source vendor for Second Order Vertical Control established through Golden Gate Estates, in the amount of $55,049. Approval of Allocation of Funds from the respective Impact Fee Trust Funds in the amount of $4,721.59 for litigation related expenses, as authorized by the Collier County Consolidated Impact Fee Ordinance, 2001-13. 14) Award of Bid #03-3479 in the not to exceed amount of $50,000 for construction of an artificial reef. Awarded to McCulley Marine, Inc. 15) Approval of one (1) impact fee reimbursement of $525.00 due to Building Permit cancellation. For Randall C. Merrell, Jr., Permit No. 2002072249 Moved to Item #10L 16) Approve an increase of $473,000 to the Community Development and Environmental Services Division Capital Budget for additional expenses incurred to the Division's Garage and Office Building. 17) Approval of a Resolution requesting an increase to the maximum home sales price ($150,000) in Collier County for all Florida Housing Finance Corporation (FHFC) Programs. Resolution 2003-125 9 March 25, 2003 18) Approve Budget Amendment transferring remaining $491,225 from "Remittance to Private Organizations" line item to "Other Contractual Services" line item in the Tourist Development Tax Fund 194 (Advertising/Promotion) to establish operating budget for the newly formed Tourism Department. 19) Approval of two (2) Impact Fee reimbursements totaling $13,833.64 due to building permit cancellations. For Cynthia Skahill in the amount of $5,491.82 and Kaye Homes in the amount of $8,341.82 TRANSPORTATION SERVICES 1) That the Board of County Commissioners approve a Work Order under Contract #01-3290 to Wilson Miller in the amount of $106,000 and a Budget Amendment for the Forest Lakes MSTU for the purpose of producing a Drainage and Roadway Improvements Master Plan within the Forest Lakes District. 2) 3) That the Board of County Commissioners approve the Budget Amendment for the Radio Road Beautification MSTU for the purpose of reapportioning the adopted budgeted funds to maintain Devonshire Boulevard Landscaped Improvements in the amount of $45,000. Approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the Beautification Enhancements to the Haldeman Creek Bridge on Bayshore Drive. Resolution 2003-126 4) 5) 6) Approval of the design for bus stop shelters and the proposed locations on the Purple Route of the Collier Area Transit (CAT). Approve Work Orders to McGee and Associates, in the amount of $23,490, Contract #00-3131 for Landscape Architectural Services of 1-75/Golden Gate Interchange Project. Approve a Property Transfer and Construction Agreement with the Estates at Twin Eagles, Ltd., for conveyance right-of-way and other easements and construction of a wildlife crossing. (Fiscal Impact: A 10 March 25, 2003 Ce savings of not less than $59,400) 7) Approve Memorandum of Agreement between the State of Florida Department of Transportation (FDOT) and Collier County to authorize the transfer of responsibilities for review and approval of drainage permits on State roadways from FDOT to Collier County. 8) Approve County Incentive Grant Program (CIGP) Amendment Extension for Livingston Road from Pine Ridge Road to Immokalee Road (FM #410014 1 54 01) Project #62071. PUBLIC UTILITIES 1) Approve withdrawal of the Permit Application for Hideaway Beach Access Improvements (Tigertail to Hideaway Connection), Project 90511. 2) Approve Work Order HM-FT-03-01 to Hole Montes, Inc., for Professional Engineering Services related to Raw Water Booster Pumping Station Performance Testing and Operation and Maintenance Manual in the amount of $24,740, Project 70057. 3) Approve a Change Order for an additional $7,631 in consulting fees to Public Resources Management Group (PRMG) for the Collier County Water-Sewer District User Rate Study. 4) Approve a Work Order for a video through Survey of Vanderbilt and Naples Beaches as required by the Rock Removal Plan, Project 90507, in the amount of $27,925 (Contract Number 01-3271-Fixed Term Professional Engineering Services for Coastal Management Projects). Moved to Item #10K 5) Approve a Budget Amendment for Hideaway Beach Renourishment Engineering Services, Project 90502, in the amount of $165,500. 6) Award RFP #02-3356 - Special Assessments System Programming, approve contract negotiations and authorize Chairman to sign a contract with DUA Computer Resources Inc., in an amount not to 11 March 25, 2003 De exceed $143,500 and approve a budget amendment. 7) Approval to terminate the January 2, 2001 rental of two (2) Pitney- Bowes Documatch Integrated Mail Systems and approval to rent two (2) new Pitney-Bowes Documatch Integrated Mail Systems to commence October 1, 2003. 8) Approve Work Order #UC-020 with Kyle Construction Inc., in the amount of $187,600 for work associated with the Price Street Water Main Assessment Project. 9) Approve Work Order WM-FT-03-03 to Wilson Miller, Inc., for Professional Engineering Services related to North County Regional Water Treatment Plant Reliability Assessment and Maintenance Agreement System in the amount of $48,000, Project 70094. PUBLIC SERVICES 1) Approve the Summer Food Service Program Grant in the amount of $461,600. E. ADMINISTRATIVE SERVICES Fo 1) Approve Change Order No. 1, Phase 2, Amendment No. 1 for Architectural Services for the design of the Courthouse Annex, Contract 00-3173 in the amount of $69,716. With Spillis Candella and Partners, Inc. COUNTY MANAGER 1) 2) 3) Approve Ochopee Fire Control District's Application for a Matching (50/50) Grant offered by the Florida Division of Forestry in the amount of $4,230 and approve the necessary budget amendments. Recognize and appropriate Isles of Capri Fire Control District Protective Inspection Fee Revenue in the amount of $26,000 by approving the necessary Budget Amendment. Approval of Budget Amendment Report-Budget Amendment #03-221 for $41 to balance the Vanderbilt Area Study project in the SAP 12 March 25, 2003 System. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners approve a document for Seventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. 2) Recommend that the Board of County Commissioners designate the Sheriff's Office as the "Official Applicant" of the United States Department of Justice, Bureau of Justice Assistance, Bulletproof Vest Parmership Grant Program, to accept Grants when awarded and approve applicable budget amendments. 3) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. Detailed Report of Open Purchase Orders is on display in the County Manager's Office, 2n°Floor, W. Harmon Turner Building. COUNTY ATTORNEY 1) 2) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 178 in the Lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al, Immokalee Road, Project No. 60018. $2,400.00 to be deposited into the Court Registry Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 181 in the Lawsuit styled Collier County v. Big Corkscrew 13 March 25, 2003 Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). $3,000.00 to be deposited into the Court Registry 3) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 186 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). $3,000.00 to be deposited into the Court Registry 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 174 in the Lawsuit styled Collier County v. Michael $. Combs, et al, Case No. 02-2315-CA (Immokalee Road Project //60018). $3,730.00 to be deposited into the Court Registry 5) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 185 in the Lawsuit styled Collier County v. Manuel Alvarez, et al, Case No. 02-2182-CA (Immokalee Road Project #60018). $5,553.90 to be deposited into the Court Registry 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. TO BE CONTINUED INDEFINITELY. An Ordinance amending Ordinance Number 02-43, the Balmoral PUD, to correct a Scrivener's Error in Section 1.2, Legal Description; Section 2.3, Description of Project Plan and Proposed Land Uses; Section 3.6, Landscaping and Buffering 14 March 25, 2003 Requirements, Section 5.7.K, Transportation Development Commitments, and by providing for an effective date. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. *NOTE: MEETING TO BEGIN AT 8:00 A.M. 15 March 25, 2003