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Recap 06/24/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 24, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 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. 1 June 24,2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1F YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE James Silcox, Clinical Pastoral Education Department, Naples Community Hospital 2. 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 May 27, 2003 - Regular Approved as presented - 5/0 Ce June 3, 2003 - Workshop Approved as presented - 5/0 De June 3, 2003 - Special Approved as presented - 5/0 Ee June 11, 2003 - Workshop Approved as presented - 5/0 e SERVICE AWARDS Presented 2 June 24, 2003 e Twen~-Year Attendee: 1) Brian Sansone, Wastewater Collections Twen ,ty-Five Year Attendee: 2) David Sanchez, Transportation/Road Maintenance Thirty-Year Attendee: 3) Robert Costner, Transportation/Road Maintenance PROCLAMATIONS e Proclamation to designate the month of November 2003 as Celebrate the Arts Month in Collier County. To be accepted by William O'Neill, President of the United Arts Council Board and Elaine Hamilton, Executive Director of the United Arts Council of Collier County. Adopted - 5/0 Proclamation to observe July as Parks and Recreation Month which recognizes all the benefits derived from quality public and private recreation and park resources within Collier County. To be accepted by Marla Ramsey, Director of Collier County Parks and Recreation Department. Adopted - 5/0 PRESENTATIONS Ae Presentation to Representative Mike Davis, chosen by the Florida Association of Counties as "Freshman of the Year 2003". (Commissioner Tom Henning) Presented Recommendation to recognize Troy Pirosseno, Tradesworker Craftsman, Facilities Management Department, as Employee of the Month for June 2003. Recognized PUBLIC PETITIONS 3 June 24, 2003 Withdrawn A. Public Petition request by Mr. Kyle Kinney to initiate an agreement for the transfer of ownership of Oakmont Parkway Extension from the Pelican Bay Foundation to Collier County. 7. BOARD OF ZONING APPEALS Continued to the July 29, 2003 BCC Meeting A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-2354, William Hoover, AICP, of Hoover Planning and Development Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. 8. ADVERTISED PUBLIC HEARINGS Ae Be Adoption of a Resolution applying the annual mid-cycle year indexing adjustments to amend the Parks and Recreational Facilities Impact Fee Rate Schedule, which is Schedule Three of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended); providing for a delayed effective date. Resolution 2003-225 Adopted - 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3011, Dwight H. Nadeau, of R.W.A., Inc., representing A.R.M. Development, Corp., of S.W. Florida, Inc., requesting a rezone from "A" Rural Agriculture to "PUD" Planned Unit Development to be known as "Tuscany Cove" PUD for a residential development for a maximum of 425 residential dwelling units generally located on the east side of Collier Boulevard (CR 951), approximately ¼ mile south of Immokalee Road (CR 846) in Section 26, Township 48 south, Range 26 east, consisting of 78.07 acres. To be sent back to Planning Commission - 5/0 Board approval of an Ordinance to extend the additional ninth cent local option fuel tax. 4 June 24, 2003 e Ordinance 2003-34 Adopted - 5/0 Board approval of an Ordinance to extend the additional six-cents local option fuel tax. Ordinance 2003-35 Adopted - 5/0 Board approval of an Ordinance to extend the additional five-cent local option fuel tax. Ordinance 2003-36 Adopted - 5/0 This item continued from the June 10~ 2003 BCC Meeting. An Ordinance of Collier County, Florida, to protect against hazards from substandard construction in public fight-of-way; providing purpose and definitions; adoption of Construction Standards Handbook; requiring permits; requiring removal of offending material from right-of-way; repealing Ordinance No. 82-91, as amended by Ordinance 89-26, as amended by Ordinance 93-64; providing rule of construction of this ordinance; providing for conflict and severability, providing for penalties; providing an effective date. Ordinance 2003-37 Adopted - 5/0 BOARD OF COUNTY COMMISSIONERS De Recommendation to declare a vacancy on the Hispanic Affairs Advisory Board. Resolution 2003-226 declaring a vacancy - Adopted 5/0 Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2003-227 Re-appointing Sofia Pagan and Carlos Aviles to serve 4 year terms, expiring on June 26, 2007 - Adopted 5/0 Appointment of member to the Lake Trafford Restoration Task Force. Resolution 2003-228 Appointing Jon Fury as the FWC's representative to serve the remainder of Frank Morello's term, expiring on April 23, 2006 - Adopted 5/0 Item continued from May 27~ 2003 BCC Meeting and is further continued to the July 29~ 2003 BCC Meeting. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. 5 June 24,2003 10. Ee Appointment of member to the Revenue Commission. Resolution 2003-229 Appointing James Peterka from the Airport Authority to serve a term expiring 18 months after the first meeting immediately subsequent to the appointment to the commission - Adopted 5/0 Fe Request to approve a resolution extending the term of the Collier County Health and Human Services Advisory Committee, and extending the term of members of the Collier County Health and Human Services Advisory Committee. Resolution 2003-230 - Adopted 3/2 (Commissioners Henning and Coyle opposed) COUNTY MANAGER'S REPORT Ae Ce De Presentation to the Board of County Commissioners by the Greater Naples Area Chamber of Commerce and the Solid Waste Management Department of a twelve-month progress report regarding the suspended ordinance establishing a mandatory non-residential recycling program within the Unincorporated Areas of Collier County. (Jim DeLony, Administrator, Public Utilities) Report presented Reject a request by Surfsedge Inc. for reimbursement for the removal of beach sand in the amount of $3,782.56. (Jim DeLony, Administrator, Public Utilities) Approved 4/1 (Commissioner Coyle opposed) Obtain direction from the Board of County Commissioners to consider the Hammock Isles Project under previous Collier County Land Development Code (LDC), Division 3.15 Regulations for the Issuance of a Certificate of Adequate Public Facilities (COA) by determining that the subject development was in process prior to the effective date of the Collier County Land Development Code amendment to Division 3.15, which became effective February 6, 2003. (Joseph K. Schmitt, Administrator, Community Development) Approved for Staff to apply the prior LDC provisions 5/0 Adopt a resolution authorizing condemnation of fee simple title interests and/or those perpetual or temporary easement interests required for the 6 June 24, 2003 construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (Capital Improvement Element No. 63, Project No. 63051). Estimated fiscal impact: $5,765,600. (Norman Feder, Administrator, Transportation Services) Resolution 2003-231 Adopted 5/0 Approve agreement for the purchase of property for a Public Utilities' Division Operations Center at a cost not to exceed $8,200,000 (Land, Buildings and Associated Improvements), Project Numbers 73072 and 70059. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 Fe Approve the expansion of the previously approved four lane portion of the Goodlette Frank Road Project, from Center Street to Orange Blossom Drive, to a six lane project and approve the extended use of the previously approved contractor and consultants, Ajax Paving Industries, Inc., Johnson Engineering, Inc., and PBS&J Inc., Project No. 60134. (Norman Feder, Administrator, Transportation Services) Approved 5/0 Ge Approve Guaranteed Maximum Price (G.M.P.) of $34,402,176 for Contract No. 98-2829, Amendment//4 to Kraft Construction, Inc., for the construction of the proposed Naples Jail Addition and Renovation, Parking Deck and Chiller Plant Expansion. (Skip Camp, Interim Administrator, Administrative Services) Approved 5/0 Approve funding for water reliability improvements in the amount of $3,380,500, Project 70094, 70893, 71011. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 Amend Professional Engineering Services Agreement with Metcalf and Eddy, Inc., for the South County Water Treatment Plant Reserve Osmosis Expansion, Contract 98-2891, in the amount of $960,295, Project 70054. (Jim DeLony, Administrator, Public Utilities) Approved 5/0 7 June 24,2003 Moved from Item #16B1 J. Request Board approve a Landscape Installation and Maintenance Agreement among WCI Communities, Inc., Hammock Bay Owners Association and Collier County for landscaping along Mainsail Drive. For installation of a new curving sidewalk, lighting improvements, enhanced landscaping, and irrigation installation Approved with changes - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS Am Andrew Solis and John Slaugh- Regarding temporary CO until variance can be obtained. Staff directed to continue to perform building inspections and a conditional CO to be issued until the variance comes back to the BCC 4/1 (Commissioner Halas opposed) Matt Finn- Regarding Clam Farming and Aquaculture in Goodland Staff directed to put in clam farming as a Conditional Use in Goodland and look into Chokoloskee and Plantation - Consensus 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS BCC Meeting Dates: July 29 and July 30 if necessary; One meeting only to be held in November on Nov. 18; December meetings to be held Dec. 2 and Dec. 16 Bm Recognition of Commissioner Coletta for his Certification Certificate presented at the FACC conference Proclamation encouraging Lemonade stands throughout the unincorporated area of Collier County to be presented to the BCC during the Budget workshops 8 June 24, 2003 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) 4) 5) Recommendation that the Board approve the offsite removal of up to 16,000 cubic yards of excess fill from the public school site for Sabal Palm Elementary School located at 4095 18th Avenue N.E. in Unit 72 of Golden Gate Estates, bounded on the north by 20th Avenue N.E., on the east by the future site of Middle School "EE", on the south by 18th Avenue N.E., and on the west by the Faka Union Canal, based upon a determination that the excavation work is not "Commercial", but will obtain a "Development" Excavation Permit. Request to accept an alternate security for that subdivision known as Sierra Meadows, and enter into a new Construction, Maintenance and Escrow Agreement. W/release of existing security and return of the current Construction, Maintenance and Escrow Agreement Request to approve for recording the final plat of "Valencia Golf and Country Club, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and to accept certain off site drainage easements. W/stipulations Request approval and funding of a new position in the Tourism Department that is currently a Contract for Services position. For Public Relations Manager at a projected cost of $90,200 annually (salary and benefits) The Board of County Commissioners find that Global Manufacturing Technology, Inc., is in default under the Participating Party Agreement (PPA) executed with the County on August 3, 1999. 9 June 24, 2003 6) Approval of Release of Lien for nuisance abatement recorded as Resolution No's: 90-550; 90-101; 91-406; 94-252; and 94-198 styled Board of County Commissioners Collier County, Florida vs. Elizabeth Chambers. 7) 8) 9) 10) 11) 12) 13) Approval of the Satisfaction of Lien for Code Enforcement Board Case No.'s: 2003-004; 2001-018; 2002-009 and 2000-022. Request to approve for recording the final plat of"Charlee Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. W/stipulations Request to approve for recording the final plat of "Quail West Phase III, Unit Six", and approval of the Standard Form ConstTuction and Maintenance Agreement and approval of the amount of the Performance Security. W/stipulations Final acceptance of water utility facilities for Bolero at Tiburon, Pelican Marsh. W/UPS release to the Project Engineer or the Developer's designated agent Authorize Environmental Services Staff to submit a Grant proposal to the U.S. Fish and Wildlife Service (USFWS) for $6,845 (of which $3,200 will be reimbursable) to fund wetland plantings and educational sign at Lake Avalon. Located within Sugden Regional Park Request that the Board of County Commissioners approve terminating the Collier County Tourism Agreement with Visit Naples, Inc., and cancel the existing purchase order. $610,700 released to Fund (193) and $314,490 released to Fund (196) Request that the Board of County Commissioners approve a Second Amendment to the Tourism Agreement with Kelley Swafford and Roy, Inc., (KSR) for implementation of an FY02/03 Emergency/Disaster Relief Marketing Budget Plan of up to $320,000. 10 June 24, 2003 14) 15) 16) 17) To increase visitation to Collier County after an emergency, disaster or serious slowdown in tourism; County Manager authorized to approve and brought back to BCC for ratification Approve a Tourist Development Category "A" Beach Park Facilities Grant Application in the amount of $40,700. For Clam Pass Parking Lot Resurfacing Request to approve for recording the final plat of "Arrowhead Reserve at Lake Trafford - Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. W/stipulations Establishment of a program to provide assistance to affordable housing rental developments. To assist in home ownership activities in Collier County A resolution authorizing submission of an application to the U.S. Department of Housing and Urban Development (HUD) for Urban County Re-Qualification for continued participation in the Community Development Block Grant (CDBG) Program for Fiscal Years 2004-2006. Resolution 2003-218 18) A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Marco Island's continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. Resolution 2003-219 19) A resolution of the Board of County Commissioners of Collier County, Florida, pertaining to the City of Naples continued participation in Collier County's Urban County Community Development Block Grant and Home Programs for Federal Fiscal Years 2004-2006; and providing an effective date. Resolution 2003-220 11 June 24,2003 20) Approval of three (3) impact fee reimbursements totaling $11,978.94 due to overpayment on building permits. To Deerbrooke, Inc. -$3992.98 (Building Permit//2002102534), to McGarvey Custom Homes -$3992.98 (Building Permit #2002102814), and Atlantic Gulf Construction -$3992.98 (Building Permit #2002102668) 21) Approval of three (3) impact fee reimbursements totaling $9,960.82 due to overpayment or cancellation of building permits. To Southern Gulf West Construction -$5480.00 (Building Permit #2002100649), Custom Crafted Homes of Naples, Inc. -$608.00 (Building Permit #2002102093), and to Ralph Goddard -$3872.82 (Building Permit #2002023541) 22) Approval of Contract 03-3504, in the amount of $72,144, with Tindale-Oliver and Associates, Inc., for consultant services for a govemment buildings impact fee study. Impact Fee will provide financial resources for the construction and/or expansion of public buildings and facilities required to accommodate growth 23) Approve a Tourism Agreement with the City of Naples for T-Groin Monitoring, Project 90005, in the amount of $96,954. Near Gordon Pass on South Gordon Drive 24) COMMUNITY REDEVELOPMENT AGENCY BOARD CONSENT ITEM. To approve the authorization of a six-month extension of the Community Development Block Grant (CDBG) period from Financial Administration and Housing Department, for the Stormwater Management and Infrastructure Program in the Gateway Triangle/Shadowlawn Neighborhood. 25) To approve a budget amendment transferring $500,000 from Community Development and Environmental Services Fund 113 Building Permit Reserves to Capital for the refurbishment of the existing Community Development and Environmental Services (CDES) Building. 26) Adoption of Resolution 03- requesting that Naples Bay be designed by the South Florida Water Management District as a 12 ,lune 24, 2003 Surface Water and Improvement Management (SWIM) Project and be included in the Swim Program. Resolution 2003-221 Be 27) To approve a budget amendment in the amount of $75,000 from Reserves to Operating and Capital within the impact fee section of Community Development and Environmental Services Division. For ongoing impact fee studies, as well as additional legal expenses and funding for operating and capital outlay through the balance of this fiscal year 28) First amendment to Tourism Agreement with Evans-Klages, Inc., for expanded market research services. In the amount of $25,400 TRANSPORTATION SERVICES Moved to Item #10J 1) Request Board approve a Landscape Installation and Maintenance Agreement among WCI Communities, Inc., Hammock Bay Owners Association and Collier County for landscaping along Mainsail Drive. 2) Request Board approval for the Landscape Maintenance Agreement with American Funding and Service Corporation as Trustee for the future landscaping and maintenance on Hemingway Place. For the construction, enhanced landscaping, and irrigation installation and ali future maintenance on Hemingway Place 3) Approval of the FY2004 Transit Development Plan Update. Includes an estimated budget for five years regarding Transit 4) Approve an Interagency Agreement between Collier County and the State of Florida Department of Corrections, Hendry Correctional Institution, for continued use of inmate labor in road maintenance activities. County provides minor roadway safety equipment and tools (safety vests, signs, etc.) at approximately $500/year 5) Approve Bid #03-3511, Immokalee Road Mowing MSTD Roadway Grounds Maintenance in the amount of $199,940 to Commercial Land dune 24, 2003 Maintenance Inc. 6) Approve Contract Amendment No. 01-3216-A01, Contract No. 01- 3216, with Woods Hole Group for the Haldeman Creek Restoration Project (Project No. 51011) in the amount of $40,329 and approve funding for Tasks 7 and 8 for $76,374.50. 7) Award Contracts RFP 03-3462 "Fixed Term Professional Planning Services for Right-of-Way Acquisition" (Estimated dollar amount of contract not to exceed $500,000 annually per firm). To TBE Group, RWA Consulting, Coastal Engineering, George F. Young, Inc., and Q. Grady Minor 8) Approve Bid #03-3516, Award of"Devonshire Boulevard Irrigation Installation" to Hannula Irrigation, Inc., in the amount of $58,689. (total project amount is estimated to be $64,689.00) C. PUBLIC UTILITIES 1) Approve selection committee ranking of firms for contract negotiations for RFP 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County". W/Professional Service Industries, Inc. (PSI), Mactec, and Metcalf & Eddy 2) Approve two budget amendments for Public Utilities Engineering Department project management costs related to the Vanderbilt Lagoon Restoration Study in the amount of $20,000. To fund project management functions 3) Award Contracts 03-3484 "Fixed Term Instrumentation and Controls Engineering Services" (estimated annual amount $1,000,000) to the following firms: Camp, Dresser and McKee, Inc., Q. Grady Minor and Associates, and McKim and Creed. 4) Award Bid 03-3499R, South County Water Reclamation Facility Belt Press Walkway modifications, to NR Contractors Inc., in the amount of $39,500 (to be funded by the Wastewater Operations Budget). For safe access to certain portions of the Belt Filter Press 14 June 24, 2003 s) Approve the Satisfaction of Lien documents filed against Real Property for Abatement of Nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $96.00 to record the liens. 6) Award Bid #03-3514 to Perkinelmer for the purchase of a gas chromatograph/mass spectrometer system in the amount of $74,984. 7) Approve a budget amendment to create a new Public Utilities project to prepare a 2003 update to the reclaimed water master plan and reuse rate study in the amount of $49,926. To Greeley and Itansen (work order #GH-FT-03-06) 8) Authorize conveyance of utility easements to Florida Power and Light Company for the installation of underground electric facilities to serve the South County Water Reclamation Facility Expansion Project 73949, at an amount not to exceed $50. 9) Approval and execution for Satisfactions of Notice of Claim of lien for sanitary sewer system impact fee. Fiscal impact is $18.00 to record the liens. 10) Accept easement for 12-inch potable water line and associated water facilities executed by Relleum, Inc., regarding the Balmoral PUD. 11) Approve Work Order #UC-054 with Kyle Construction Inc., in the amount of $210,000.00 for construction of fire and irrigation water system improvements at Pelican Bay Woods in Pelican Bay, Project Number 74023. Approve a Donation Agreement and accept utility and temporary construction easements for construction of Phase II of the sewer interconnect project to redirect flow between the North and South County Sewer Systems at a cost not to exceed $550. (Project No. 73076) From Halstatt Partnership (a Florida general partnership) and Grey Oaks Country Club, Inc. (a Florida corporation) 13) Approve a Donation Agreement and accept an amended utility easement for Phase I Sewer Interconnect Project which redirects flow 15 June 24, 2003 14) between the North and South County Sewer Systems at a cost not to exceed $500. From Halstatt Partnership (a Florida general partnership) Approve a budget amendment in the amount of $56,008.40 for transferring funds from Unincorporated General Fund, Fund 111, to Water and Wastewater Impact Fees, Funds 411 and 413, respectively, to reimburse these funds for consultant services performed for areas outside of the County Water-Sewer District. By Greeley and Hansen, Engineering Consultants Approve Work Order #UC-055 with Kyle Construction Inc., in the amount of $240,000.00 for construction of fire and irrigation water system improvements at Oakmont in Pelican Bay, Project Number 74023. 16) Approve a resolution authorizing the submission of a loan application to the Florida Department of Environmental Protection (FDEP) for the North County Water Reclamation Facility (NCWRF) Expansion to 24.1-Million Gallons Per Day (MGD) Maximum Month Average Daily Flow (MMADF) Solids Stream; authorizing the Loan Agreement; establishing Pledged Revenues; designating authorized Representatives; providing Assurance; and providing for Conflicts, Severability, and Effective Date, Project 739502, at no cost. Resolution 2003-222 17) Defer a work order amendment, under Contract/tO 1-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Access Improvements, Project 90511, within existing Work Order Budget. Pending approval of a funding policy Approve an Engineering Services Work Order, under Contract #01- 3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Hideaway Beach Renourishment Permitting, Project 90502, in the amount of $103,000. Work Order #HM-FT-03-02 16 June 24,2003 19) Approve a budget amendment in the amount of $131,289 and two work orders, under Contract g01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for Sand Search Phase 3 and Marine Resources Investigation as part of County-Wide Sand Search, Project 90527, in the total amount of $899,000. Work Order #CPE-FT-03-04 and #CPE-FT-03-05 20) Approve Work Order GH-FT-03-05 with Greeley and Hansen, LLP, to conduct the 2003 updates to the Water and Wastewater Master Plan and Impact Fee Studies, for the total amount of $221,600, Projects 70070 and 73066. D. PUBLIC SERVICES 1) Recommendation to declare Parcel 114 of Golden Gate Estates Unit 35 (Proposed Livingston Woods Neighborhood Park) as surplus properties, sell and return funds to General Fund. 2) Award Bid No. 03-3486 for the purchase of emergency medications to Aero Products, Alliance Medical, Biomedical International Emergency Medical Products, RX EMS, SE Emergency Equipment, and Sun Belt Medical for the Emergency Medical Services Department, budgeted funds for these purchases are $65,000. 3) Approve a modification in the amount of $4,600.00 to purchase Order #4500010298 with Enterprise Rent-A-Car for vehicle rentals for the Summer Food Service Program. 4) Approve the addition of Screen Printing Unlimited as an additional vendor to Contract #03-3478 for t-shirts for various Parks and Recreation Programs. $) Approve the Donation Agreement from David W. Fisher and Kay J. Britt, as Successor Trustees of the Harold W. Fisher Trust, for a future playground in Copeland at a cost not to exceed $2,700. As detailed in the Executive Summary 6) Approve Change Order #5 in the amount of $77,358.75 for additional design work for North Naples Regional Park, Contract #99-2947. 17 June 24, 2003 7) 8) 9) 11) 12) With Bellomo-Herbert and Company Approve a budget amendment in the amount of $50,000 to ensure continuous funding of the Home and Community Based Medicaid Waiver Grant. For case management Approve a budget amendment in the amount of $544 to ensure continuous funding of the Alzheimer's Disease Initiative Grant. For case management Approve a budget amendment of $2,436 to recognize additional Grant Revenue in the RSVP Program. Funding through the National and Community Service Senior Corps. Approve a budget amendment in the amount of $6,069 to ensure continuous funding of the Home Care for the El&fly Grant. For case management Approve a budget amendment in the amount of $204,523 to ensure continuous funding of the Community Care for the Elderly Grant. For administration, case management, and transportation Authorization to approve an Extension of an Agreement with the Southeastern Library Network (SOLINET) and permission for the Chairman to sign agreement. For bibliographic cataloging information and interlibrary loan service Eo 13) Approval of a Sole Source Service Agreement with Medtronic Physio-Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $33,132. ADMINISTRATIVE SERVICES 1) Authorize audit of Financial Management System Configuration under Contract 98-2794. With KPMG Peat Marwick to facilitate further plans to maintain .Juno 24, 2003 2) 3) and enhance the SAP system at a negotiated cost of $68,000, including fees and expenses Approval of the Collier County Government Equal Employment Opportunity Plan. EEOP is a grant requirement for receiving the grant funding from the U.S. Justice Department Report and ratify staff-approved change orders to Board-approved contracts. For period beginning on or about May 15, 2003 through June 9, 2003 F® 4) Approve and authorize the twenty-year limited Weather-Tightness Warranty Series 2500, 2" Mechanically Seamed Roofing System, Manufactured by Englert, Inc., as installed, at the Max Hasse Community Center as expressed in Contract No. 00-3128, "Construction of the Max Hasse Community Center". 5) Approval of temporary living expenses to James W. DeLony, Administrator for Public Utilities and authorization of payment. In the amount of $8,166.67 for his transition period of June 17th to November 17th, 2002 as detailed in the Executive Summary COUNTY MANAGER GJ 1) Approve Modification # 1 to the Continuity of Operations Planning Grant previously approved by the Board of County Commissioners on March 11, 2003. Grant #03-FT-1B-09-21-01-341: Federal Grant Period has been extended to June 30, 2004 AIRPORT AUTHORITY 1) Approve a budget amendment for $105,600 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. For increased unit cost of fuel (Jet A Fuel and Aviation Gasoline) 19 June 24,2003 H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Je 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS Ke 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. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Naples. For the purchase orders opened from May 31, 2003 through June 13, 2003 2) The Finance and Accounting Department seeks authorization from the Board of County Commissioners to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2001-2002 as required by Florida Statute 218.32. With the Department of Banking and Finance COUNTY ATTORNEY 1) 2) 3) Approval of Settlement Agreement and Mutual Release involving litigation in Collier County v. The Carlisle at Naples~ Ltd, Case No. 03-230-CA in the Circuit Court of the Twentieth Judicial Circuit. As detailed in the Executive Summary Approve the Stipulated Final Judgment relative to the acquisition of Parcels 113 and 713 in the Lawsuit styled Collier County v. Faith Bible Church of Naples, Inc., et al., Case No. 99-2165-CA (Immokalee Road, Project No. 69101). $39,326.00 deposited into the Court Registry Item continued from the June 10, 2003 BCC Meeting. Approve a proposed settlement agreement providing for abatement of violation and compromise of lien in two Code Enforcement Lien Foreclosures entitled Collier County v. Anthony J. Varano, Case No.'s: 99-4226- 20 Juno 24, 2003 CA and 00-3430-CA. As detailed in the Executive Summary 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 QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A® This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3054, James E. McDonald or Karen P. Shelton, representing the Trustees of Vanderbilt Presbyterian Church, requesting Conditional Use "2" (Churches and Houses of Worship) and Conditional Use "4" (Child Care) of the RSF-3 Zoning District. The request is to incorporate an existing single-family home on Lot 21 into the existing use as a church, and to permit a pre-school and child care in the church building only. The property to be considered for the Conditional Use is located at 1225 and 1301 Piper Boulevard on the north side of Piper Boulevard in Section 24, Township 48 south, Range 25 east, Collier County, Florida. This property consists of 2.24 acres. Resolution 2003-223 w/stipulations as detailed in the Executive Summary Continued to the July 29, 2003 BCC Meeting B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3607, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum 21 June 24, 2003 of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2869, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Panther Development, L.P., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of changing the name from Ronto Livingston PUD to Tuscany Reserve PUD, showing a change in ownership, reducing dwelling units from 1380 to 799, reducing density from 2.98 to 1.73 dwelling units per acre, and adding a Village Center Land Use District; providing for the repeal of Ordinance Number 2000-04, as amended, the former Ronto Livingston PUD; for property located west of Interstate 75 and east of Livingston Road at the Collier-Lee County Line, in Section 7, Township 48 south, Range 26 east, and Section 12, Township 48 south, Range 25 east, Collier County, Florida, consisting of 461.29+ acres. Ordinance 2003-28 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR- 3161, Mr. Robert Duane of Hole Montes, Inc., representing the Botanical Gardens Inc., requesting a rezone from "C-3", "RSF-3", "RSF-4", "RSF-5", "RMF-6", and "PUD" to PUD, Planned Unit Development to be known as the Naples Botanical Garden PUD consisting of an education center, conservatory, exhibition gallery, maintenance nursery, pedestrian ways through various garden areas and a theater for property located on the southwest comer of Bayshore Drive and Thomasson Drive in Section 23, Township 50 south, Range 25 east, Collier County, Florida. Ordinance 2003-29 w/stipulations This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2433, William L. Hoover, AICP, of Hoover Planning and Development, Inc., representing David A. Custer of H.D. Development, LLC, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as H.D. Development PUD for 104 residential dwelling units for property located on the north side of Immokalee Road approximately 1.25 miles east of Oakes Boulevard, in Section 21, Township 48 south, Range 26 22 June 24, 2003 east, Collier County, Florida, consisting of 46.64+ acres. Ordinance 2003-30 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-03-AR-4038, an ordinance amending Ordinance 02-26, the Amerisite Rezone to correct a Scrivener's Error resulting from the unintentional inclusion of an incorrect legal description in the transmittal copy of the adopted ordinance to the Department of State for the property located on the east side of Collier Boulevard (CR 951) in Section 14, Township 50 south, Range 26 east, Collier County, Florida. Ordinance 2003-31 Ge This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003- AR-3868, Kathleen Bailie of Bonness Inc., representing Kathleen Court Property Owners Association, Inc., requesting a street name change for the portion of Houchin Street which begins at the intersection of Seward Avenue and continues south to be named Kathleen Court, a local street located in the southwest one-quarter of Section 11, Township 49 south, Range 25 east, Collier County, Florida. Resolution 2003-224 He Adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, the same being the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, providing criteria and guidelines for the reimbursement of impact fees, authorizing the assessment of a non-refundable "Impact Fee Reimbursement Processing Fee" and providing clarification for the assessment of impact fees for changes of size or use. Ordinance 2003-32 This item has been withdrawn. ADA-03-AR-4050, C. Lane Wood, of Quarles and Brady, LLP, representing William T. Higgs, Owner of White Lake Corporate Park PUD, requesting an appeal to Interpretation AR-3202 which was rendered on March 26, 2003, regarding PUD development standards prevailing over regulations of the Collier County Land Development Code and an interpretation regarding buffering requirements of PUD Ordinance 01-59 prevailing over the buffering requirements of 23 June 24,2003 Ordinance 03-03. Je This item has been continued to the July 29, 2003 BCC Meeting. PUDZ- 2002-AR-2841, Richard Woodruff, AICP, of Wilson Miller, Inc., and R. Bruce Anderson, Esquire, of Young, Van Assenderp, Vamadoe and Anderson, P.A., representing U.S. Home Corporation, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Heritage Bay DR[/PUD for a maximum of 3,450 residential dwelling units, 50,000 square feet of office uses, 150,000 square feet of retail uses, and assisted living facility containing up to 200 units for property located on the northeast comer of Immokalee Road and Collier Boulevard (CR 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 +/- acres. (Companion Item to DRI-2000-01) Ko This item has been continued to the July 29, 2003 BCC Meeting. DR[- 2000-01, Richard Woodruff, of Wilson Miller, Inc., representing U.S. Home Corporation, requesting approval of a development order for the Heritage Bay Development of Regional Impact (DR[) to allow for a mix of residential, assisted living facilities, recreational facilities and commercial and office uses for property located on the northeast comer of Immokalee Road (CR 846) and Collier Boulevard (CR 951) in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east. (Companion Item to PUDZ-2002- AR-2841) Le This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3512: D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich of Goodlette, Coleman and Johnson, P.A., representing TBI/Naples Ltd., requesting a rezone from "PUD" to "PUD" for a project previously known as Naples Forest Country Club to now be named Naples Lakes Country Club PUD, to amend the commercial component of the PUD document to revise the schedule of permitted uses in the commercial/office designated tract of the PUD, and to reduce the commercial square footage from 150,000 square feet to a maximum of 110,000 square feet for property located at the NW comer of Collier Boulevard (CR 951) and Rattlesnake Hammock Road (CR 864) in Section 15, Township 50 south, Range 26 east, consisting of 485.02+ acres. Ordinance 2003-33 w/stipulations 24 June 24,2003 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 25 June 24,2003