Recap 07/29/2003 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
July 29, 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.
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July 29, 2003
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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
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
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Jane Silcox, Clinical Pastoral Education Department, Naples Community
Hospital
AGENDA AND MINUTES
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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 Coyle
absent)
June 10, 2003 - Regular Meeting
Approved as presented - 4/0 (Commissioner Coyle absent)
June 13, 2003 - CRA Meeting
Approved as presented - 4/0 (Commissioner Coyle absent)
June 16, 2003 - LDC/Special Meeting
Approved as presented - 4/0 (Commissioner Coyle absent)
June 24, 2003 - Regular Meeting
Approved as presented - 4/0 (Commissioner Coyle absent)
June 26, 2003 - BCC/Budget Workshop
Approved as presented - 4/0 (Commissioner Coyle absent)
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July 29, 2003
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June 27, 2003 - BCC/Budget Workshop
Approved as presented - 4/0 (Commissioner Coyle absent)
SERVICE AWARDS
Withdrawn
TWENTY-FIVE YEAR ATTENDEE:
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1) Homero Partida Jr., Transportation Division
PROCLAMATIONS
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Proclamation to recognize Tuesday, August 5, 2003, as National Night Out
in Collier County. To be accepted by Skip Sweikert, President.
Adopted - 4/0 (Commissioner Coyle absent)
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Proclamation to recognize the Collier County Library Department for being
awarded the Achievement Award from the National Association of
Counties. To be accepted by Andrea Taylor and Susan Petr.
Adopted - 4/0 (Commissioner Coyle absent)
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Proclamation to recognize Keith Larson as "Citizen of the Year for Golden
Gate". To be accepted by Keith Larson.
Adopted - 4/0 (Commissioner Coyle absent)
PRESENTATIONS
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Recommendation to recognize Louise Hardy, Administrative Secretary,
Parks and Recreation, as Employee of the Month for July 2003.
Recognized
PUBLIC PETITIONS
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This item to be heard before 11:00 a.m. Public Petition request by Ms.
Heather Knight requesting the Chairman of the Board of County
Commissioners send a letter to FEMA on behalf of the Residents of Golden
Gate Estates.
Letter to be sent
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July 29, 2003
Withdrawn
B.
Public Petition request by Ms. Cheri R. Byrd requesting to discuss
ingress/egress problem located at 91 Golden Gate Boulevard.
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Public Petition request by Mr. Paul Feuer, President, Village Walk
Homeowners Association, regarding Livingston Road Extension.
County to meet with the Board of Directors for the Association
7. BOARD OF ZONING APPEALS
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2003-AR-3634,
Dennis Cronin, of Bond, Schoeneck and King, P.A., representing Dennis R.
Combs and Earl G. Hodges, requesting Conditional Use "20" for an oil
storage facility in an 'T' Industrial Zoning District. The property to be
considered for the conditional use is located in the northwest quadrant of the
intersection of Industrial Boulevard and Radio Road at 68 Industrial
Boulevard in Section 36, Township 49 south, Range 25 east, Collier County,
Florida. This property consists of 4.63 acres +.
Resolution 2003-253 -with staff recommendations and additional
stipulations - Adopted 5/0
Be
Request to continue this item to the September 9~ 2003 BCC Meeting.
VA-2003-AR-2525 Robert Davy and Mark Allen, representing Little
Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot
variance from the required boathouse sideyard setback of 15 feet to 0 feet
and a 30-foot variance from the 20-foot maximum protrusion for a
boathouse to a maximum of 50 feet, for property located in the Hickory
Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in
Section 5, Township 48 south, Range 25 east, Collier County, Florida.
ADVERTISED PUBLIC HEARINGS
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Public Hearing for the 2003 2nd Cycle of Growth Management Plan
Amendments - all County initiated. (Transmittal hearing).
CPSP-2003-4 - Approved per CCPC recommendation - 5/0
CPSP-2003-5 - Approved per CCPC recommendation - 5/0
CPSP-2003-6 - Approved per CCPC recommendation - 5/0
CPSP-2003-7 - Approved per CCPC recommendation - 5/0
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July 29, 2003
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CPSP-2003-8 - Approved per CCPC recommendation - 3/2
(Commissioners Coletta & Henning opposed)
CPSP-2003-9 - Approved per CCPC recommendation - 5/0
Resolution 2003-254 Transmitting Amendments to DCA - Adopted
This item to be heard at 3:00 p.m. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members.
Petition DRI-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 (DRI) to allow for 3,450
residential dwelling units, 200 assisted living units, a 54-hole golf course
and related facilities, three neighborhood town centers to contain up to
30,000 square feet of building space, and a maximum of 200,000 square feet
of commercial uses for property located at the northeast comer of
Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections
13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County,
Florida, consisting of 2,562 acres. Companion Item: PUDZ-02-AR-2841.
Resolution 2003-255/Development Order 2003-01 with stipulations -
Adopted 5/0
This item to be heard at 3:00 p.m. This item requires that all participants
be sworn in and ex parte disclosure be provided by Commission members.
Petition PUDZ-02-AR-2841, Richard Woodruff of Wilson Miller, Inc.
representing U.S. Home Corporation, requesting a rezone from "A" Rural
Agriculture to "PUD" (Planned Unit Development) to be known as the
Heritage Bay PUD permitting 3,450 residential dwelling units, 200 assisted
living units, a 54-hole golf course and related facilities, three neighborhood
town centers to contain up to 30,000 square feet of building space, and a
maximum of 200,000 square feet of commercial uses for property located at
the northeast comer of Immokalee Road (C.R. 846) and Collier Boulevard
(C.R. 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26
east, Collier County, Florida, consisting of 2,562 acres. Companion Item:
DRI-2000-01.
Ordinance 2003-40 with stipulations - Adopted 5/0
This item was continued from the June 24, 2003 BCC Meeting and will
be re-advertised and request further continuance to the September 23,
2003 BCC Meeting. The Collier County Planning Commission has also
continued the item. This item requires that all participants be sworn in and
ex parte disclosure be provided by Commission members. PUDZ-2003-AR-
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July 29, 2003
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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
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.
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Adoption of an ordinance amending Chapter 74 of the Collier County Code
of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier
County Consolidated Impact Fee Ordinance, 2001-13, as amended, by
establishing a deferral program for the Immokalee area to reduce the
economic effects of increased impact fee rates.
Continued to September 9, 2003 - 5/0
BOARD OF COUNTY COMMISSIONERS
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Appointment of members to the Immokalee Area Master Plan Ad Hoc
Committee.
Resolution 2003-256 appointing Esmeralda Serrata, Floyd Crews,
Clarence Tears, Jr., Henry Starling, Jr., Gary Holloway, Leo Rodgers,
Fred Thomas, Jr., Raymond Holland, Edward Olesky and Carlos Aviles
- Adopted and Section 5D Waived - 4/0 (Commissioner Coyle Absent)
Appointment of member to the Contractors' Licensing Board.
Resolution 2003-257 appointing Sydney Blum - Adopted 4/0
(Commissioner Coyle absent)
Appointment of member to the Board of Building Adjustments and Appeals.
Resolution 2003-258 appointing Leo Rodgers - Adopted 4/0
(Commissioner Coyle absent)
Item continued from the June 24~ 2003 BCC Meeting. A Resolution to
establish the Fire and Emergency Medical Services Advisory Committee.
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July 29, 2003
Added
E.
10.
Denied 4/0 (Commissioner Coyle absent)
Recommendation that the Board of County Commissioners approve and
ratify the 2003 Fiscal Year Pay and Classification Plan for the office of the
County Attorney (Staff request)
Approved 4/0 (Commissioner Coyle absent)
COUNTY MANAGER'S REPORT
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This item to be heard at 1:00 p.m. To receive Board approval to enter into
a Memorandum of Understanding between the State of Florida, the South
Florida Water Management District (SFWMD), Big Cypress Basin (BCB),
and Collier County initiating vacation proceedings of the Southern Golden
Gate Estates roadway system and establishing an off road vehicle recreation
area. (Jim Mudd, County Manager.)
Approved with changes - 4/1 (Commissioner Coletta opposed)
To adopt proposed FY 2004 millage rates. (Mike Smykowski, Office of
Budget and Management Director.)
Resolution 2003-259 - Adopted 4/0 (Commissioner Coyle absent)
This item to be heard at 12:00 noon. Recommendation that the Board of
County Commissioners and the County's Labor Negotiation Committee hold
a Strategy Session for Collective Bargaining with the Southwest Florida
Professional Firefighters and Paramedics, IAFF Local 1826, Local 3670
(Ochopee), in the Shade pursuant to Section 447.605 (1), Fla. Stat. (John
Dunnuck, Administrator, Public Services)
Closed Session - No Court Reporter
Adoption of a resolution approving an application for an impact fee waiver,
in the amount of $7,500 for Collier Health Services, Incorporated, the
County's primary care clinic. (Joseph K. Schmitt, Administrator,
Community Development)
Resolution 2003-260 - Adopted 3/1 (Commissioner Henning opposed
and Commissioner Coyle absent)
Approve Supplemental Agreement No. 3 for Professional Engineering
Services by CH2MHILL, Inc., for six-laning design of Immokalee Road,
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July 29, 2003
(Project No. 60018, Fiscal Impact $418,979), RFP No. 99-3020.
Feder, Administrator, Transportation Services)
Approved - 4/0 (Commissioner Coyle absent)
(Norman
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Approve Contract Amendment No. 1 in the amount of $1,121,212.33 to
APAC-Florida, Inc., for the Immokalee Road four lane-widening project,
from CR 951 to 43rd Avenue NE, Project No. 60018. (Norman Feder,
Administrator, Transportation Services)
Approved - 4/0 (Commissioner Coyle absent)
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Recommendation that the Board reject a proposed settlement agreement
submitted by the Southwest Florida Professional Firefighters and
Paramedics and authorize the County Attorney's Office to proceed with
Arbitration Hearings. (John Dunnuck, Administrator, Public Services)
Approved - 4/0 and funds to come from EMS Budget (Commissioner
Coyle absent)
Board approval to amend the Interlocal Agreement with the City of Naples
extending the current distribution of the local option gas taxes revenue until
December 31, 2003. (Mike Smykowski, Office of Management and Budget
Director)
Approved - 4/0 (Commissioner Coyle absent)
Approve Developer Agreement with Collier Land Development Inc., for
proportionate fair share of costs associated with the future Lely Canal Storm
Water Improvements Project subject to developer complying with all
conditions of the Agreement imposed by the County. (Norman Feder,
Administrator, Transportation Services)
Continued to September 23, 2003 - Approved 4/0 (Commissioner Coyle
Absent)
Moved from Item #16(A)21
J. Approve a budget amendment in the amount of $100,000 to fund the
creation of a non-profit Housing Development Corporation (HDC).
Failed - 2/2 (Commissioners Henning and Halas opposed)
Added
K.
Approve the Metropolitan Planning Organization (MPO) budget for Grant
Year 2003-2004 (Staff request)
Approved - 4/0 (Commissioner Coyle absent)
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July 29, 2003
Moved from Item #16C1
L. Present findings and recommendations concerning the negotiations with
Interstate Waste Technologies pursuant to RFP #02-3316 MSW Processing
& Gasification Facility. Approve ending negotiations with IWT and starting
negotiations with Brightstar.
Approved 4/0 (Commissioner Coyle absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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 Coyle absent)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Request Board approval to accept a grant for $200,000 under the
Florida Economic Development Transportation Fund Program;
approve an agreement between the Florida Office of Trade, Tourism
and Economic Development and Collier County; approve a budget
amendment in the amount of $200,000; approve a resolution accepting
future road maintenance; approve a road maintenance agreement
between the County and the North Naples Golf Range, Inc.
Resolution 2003-232
2)
Authorize the Chairman to sign a $50,000 reimbursable grant
agreement with the U.S. Fish and Wildlife Service for funding exotic
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July 29, 2003
vegetation removal on County Road 92 and U.S. 41.
3)
Approval of the Release of Lien for Case No. 2001-024 styled Board
of County Commissioners Collier County, Florida vs. Charles and
Christine Morrison for violation of Ordinances No. 99-51, as
successor to Ordinance No. 91-47, as amended of the Collier County
Land Development Code.
4)
Approval by the Board of County Commissioners of a contract with
award Vacations Corporation for web enabled vacation packages for
Collier County visitors and payment of related fees in the amount of
$5,000.
5)
Approve a TDC Category "A" Grant Application for the Lowdermilk
Park Parking Lot Reconstruction/Restoration in the amount of
$375,000.
6)
Request by Bradley N. Cance, General Manager of the Ritz-Carlton
Golf Resort, for an extension of the number of days permitted for
hosting special events.
Extension up to 4-weeks;Located at 2600 Tiburon Drive
7)
Approve a Tourism Agreement with the City of Naples for semi-
annual monitoring of Doctors Pass, Project 90003, in the amount of
$10,000.
8)
Request to approve for recording the final plat of"Delasol Phase
One", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
9)
Request to approve for recording the final plat of"Delasol Phase
Two", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
performance security, and accept the County Park Dedication
Agreement.
w/stipulations
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July 29, 2003
11)
12)
13)
Request to approve for recording the final plat of "Valencia Lakes-
Phase 4-A", 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 to approve for recording the final plat of"Cayo Costa", 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"Casa Del Lago",
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance security.
w/stipulations
Approval of resolution repealing Resolution No. 2003-130 approved
by the Board of County Commissioners on March 25, 2003,
authorizing a temporary optional fuel cost surcharge that authorized
but did not require taxi drivers to recover some of the extraordinarily
high cost to purchase motor vehicle fuel.
Resolution 2003-233
14)
17)
Request to approve for recording the final plat of "Stratford Place"
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the performance security.
w/stipulations
Approval of Contract #03-3504, in the amount of $39,945, with
Henderson, Young and Company for consultant services for an
emergency medical services impact fee update study.
Approval of Contract #03-3504 in the amount of $40,632.50 with
Tindale-Oliver and Associates, Inc., for consultant services for a
library system impact fee update study.
Authorize the Chairman to sign a $4,500 reimbursable grant
agreement with the U.S. Fish and Wildlife Service for funding exotic
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July 29, 2003
vegetation removal in Barefoot Beach Preserve.
18)
Board of County Commissioners determination that the advertising
and promotion expenses listed in the attached invoice serves the
public interest and promotes tourism in Collier County, and authorize
payment of prior period expenses.
To Kelley Swafford & Roy -Invoice # 17633 for $1,552.16
19)
Approval of one (1) impact fee reimbursement of $26,768.41 due to
overpayment.
To Phoenix Associates for $26,768.41
20)
Board of County Commissioners approval of the Tourism Department
Marketing Plan Budget and its related expenditures for FY02-03 and a
finding that the plan is in the public interest and promotes tourism in
Collier County.
Moved to Item #10J
21) Approve a budget amendment in the amount orS100,000 to fund the
creation of a non-profit Housing Development Corporation (HDC).
22)
Request to approve for recording the final plat of "Market Center",
AR-3336, and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
w/stipulations
23)
Approval by the BCC of Tourism Department initiatives, a finding
that the initiatives are in the public interest by promoting tourism in
Collier County, and to authorize payment for expenses incurred for
those initiatives.
As outlined in the Executive Summary
B. TRANSPORTATION SERVICES
1)
Approve a Resolution to Ordinance No. 2003-37 adopting changes to
the "Construction Standards Handbook for work within the Right-of-
Way, Collier County, Florida".
Resolution 2003-234
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July 29, 2003
2)
Authorize conveyance of a utility easement to Florida Power and
Light Company for the relocation of a utility pole and guy-wire onto
county-owned property (fiscal impact $15.00) Golden Gate and
Coronado Parkways.
3)
Approve the utility location agreement with Tampa Electric Company
DBA/Peoples Gas System associated with the Golden Gate Parkway
Improvements Project, Collier County Project No. 60027 (six-laning
from Livingston Road to east of Santa Barbara Boulevard).
4)
Approve a resolution authorizing the execution of a State highway
lighting, maintenance, and compensation agreement between the State
of Florida Department of Transportation and Collier County.
Resolution 2003-235
5)
Request Board approve conceptual median modifications and revised
lane calls along Golden Gate Parkway east of the intersection of
Golden Gate Parkway and Goodlette-Frank Road.
Staff to finalize the design of the project; procure bids
6)
Board authorization to enter into an Interlocal Agreement with Lee
County regarding County Road 951 Project Development and
Environmental (PD & E) Study 60171 in the amount of $250,000.
Resolution 2003-236
7)
Approve a resolution authorizing the execution of a Traffic Signal
Maintenance and Compensation Agreement between the State of
Florida Department of Transportation and Collier County.
Resolution 2003-237
8)
Waive the formal bid process and approve a contract between Temple,
Incorporated and Collier County for services related to the completion
of the Florida Department of Transportation (FDOT) Advanced
Traffic Management System (ATMS) Project, Phase I, costs
reimbursed by Florida Department of Transportation.
Not to Exceed $129,121.50
9)
Approve Supplemental Agreement No. 8 for Professional Engineering
Post Design Services by Hole Montes, Inc., for the Lakeland Avenue
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July 29, 2003
Bridge, (Project No. 66042, Fiscal Impact $15,000) RFP #00-3057.
10)
Approve Contract Amendment for Work Order #AEC-FT-01-04-A02
(PSA Contract #98-2835) in the amount of $28,832, to complete
Stormwater Capital Improvement Project No. 51704, Lake
Mockingbird Outfall in Immokalee.
11)
Approve award of a constTuction contract to Better Roads Inc., for the
countywide paved shoulders and sidewalk improvements project, Bid
No. 03-3528 in the amount of $549,370.25.
Adopt a resolution authorizing the acquisition by donation of
easement and fee simple interests required for purposes of
constructing and maintaining drainage facilities within the Lely Area
Stormwater Improvement Area, (Project 51101). Fiscal Impact:
Limited to recording fees, not to exceed $6000.
Resolution 2003-238
13)
Approve supplemental work order for the Forest Lakes MSTU to
Wilson Miller in the amount of $56,000.
14)
Award Contracts 03-3465 "Annual Contract for Traffic Engineering
Consulting Services" (estimated annual amount $300,000).
Carter & Burgess, Inc.; TBE Group, Inc.; TEI Engineers &
Planners; T.Y. Lin International; Wilson Miller, Inc.
Approve Professional Services Agreement No. 03-3509 in the amount
of $1,063,253 for consulting and design services to be provided by
American Consultant Engineers of Florida, LLC, for proposed
capacity improvements to Goodlette-Frank Road from Golden Gate
Parkway to Pine Ridge Road, Project No. 60005.
16)
Request that the Board of County Commissioners approve a donation
agreement and accept a warranty deed from Olde Cypress
Development, Ltd., for Olde Cypress Unit One, Tract R-3, Tract O
and A portion of Tract R-1 subject to the modification of the reverter
language contained in the warranty deed and the County Attorney's
Office review and recommendation of the revised language.
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July 29, 2003
]7)
A resolution to prohibit trucks and other commercial vehicles having a
rated load-carrying capacity in excess of five (5) tons from operating
in the left lane, except when passing or preparing to make a left turn,
on Immokalee Road fi.om Airport-Pulling Road to Collier Boulevard,
Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard,
and Collier Boulevard from Golden Gate Boulevard to US 41.
Installation of legally required signage for notice to motorists; cost
approval of $3200. (Effective date September 1, 2003)
Resolution 2003-239
C. PUBLIC UTILITIES
Moved to Item #10L
1) Present findings and recommendations concerning the negotiations
with Interstate Waste Technologies pursuant to RFP #02-3316 MSW
Processing & Gasification Facility. Approve ending negotiations with
IWT and starting negotiations with Brightstar.
2)
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 $106.50 to record the liens.
3)
4)
Approve award of Bid #03-3523 for "furnish and delivery of
household recycling containers" - estimated cost per fiscal year is
$20,000.
To Rehrig Pacific Company
Adopt a resolution amending Resolution No. 2002-141 pertaining to
the Price Street-Barefoot Williams Road Municipal Service Benefit
Unit, Project Number 70077.
Resolution 2003-240
5)
6)
Award Contracts 03-3484 "Fixed Term Instrumentation and Controls
Engineering Services (estimated annual amount $1,000,000) to the
following firms: RKS Engineering, Inc.; Carollo Engineers; Westin
Engineering, Inc.
Authorization to execute and record satisfactions for certain water
and/or sewer impact fee payment agreements. Fiscal impact is $28.50
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July 29, 2003
to record the satisfactions.
7)
Approval of payment of Consent Order Number 03-0866~ 11 -IW
issued to the North County Regional Water Treatment Plant in the
amount of $750.00.
8)
Approve electrical utility rate agreements for the North County Water
Reclamation Facility as negotiated with Florida Power and Light
Company.
9)
Approve a budget amendment in the amount of $55,760 to reallocate
funds for the transfer of Safety Coordinator position from Wastewater
Administration Cost Center to the Water Administration Cost Center.
10)
Adopt a resolution approving the Satisfaction of Lien for solid waste
residential account wherein the County has received payment and said
lien is satisfied in full for the 1994 Solid Waste Collection and
Disposal Services Special Assessment. Fiscal Impact is $12.00 to
record the lien.
Resolution 2003-241
11)
Adopt a resolution approving the Satisfaction of Liens for solid waste
residential accounts wherein the County has received payment and
said liens are satisfied in full for the 1996 Solid Waste Collection and
Disposal Services Special Assessments. Fiscal impact is $28.50 to
record the liens.
Resolution 2003-242
12)
Adopt a resolution approving the Satisfaction of Liens for solid waste
residential accounts wherein the County has received payment and
said liens are satisfied in full for the 1995 Solid Waste Collection and
Disposal Services Special Assessments. Fiscal impact is $46.50 to
record the liens.
Resolution 2003-243
Withdrawn
13)
Approve transfer of funding source of Work Order No. UC-023 in the
amount of $535,600 from Fund 414 (User Fees) Project 73051 to
Fund 413 (Impact Fees) for pump station improvements to Kyle
Construction Inc., previously approved by the Board on April 8, 2003,
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July 29, 2003
Withdrawn
15)
16)
18)
19)
20)
21)
Agenda Item 16 C, Project 73495.
Approve selection committee ranking of firms for contract
negotiations for RFP 03-3517, "Professional Engineering Services for
Water Main Projects" (Estimated dollar amount of contract is
$1,ooo,ooo).
Greeley and Hansen, LLC; Wilson Miller; CH2M Hill
Request for the Board of County Commissioners to approve proposed
Change Order No. 2 with United Engineering Corporation for the
South County Water Treatment Plant Expansion (Bid No. 01-3194) in
the amount of $459,881.57.
Approve Work Order GH-FT-03-8 in the amount of $149,812 with
Greeley and Hansen LLC for the design and construction of Pigging
Stations for the existing 30-inch parallel sewer force main on
Immokalee Road, Project 73943.
Affirm that the Manatee Road 6 million-gallon ground storage tank is
an element of a project planned for in the 2002 Water Master Plan
entitled Manatee Road Four Potable Water ASR Wells, Project 70157,
in the approximate amount of $2 million.
Accept the selection committee short list ranking for RFQ #03-3522,
testing services for the inflow and infiltration study and authorize the
Chairman to execute the contract for these services, Project Number
73164.
To Severn Trent Services; RJN Group, Inc.; Advanced
Underground Imaging; Equitas Sewer Services
This item has been deleted.
Approve contribution of $20,000 to the South Florida Water
Management District for a further feasibility study of a regional
irrigation distribution system at a sub-regional level.
Authorize the Chairman of the Board of County Commissioners to
execute an assignment of a contract that has been assigned by Richard
Page 17
July 29, 2003
K. Bennett, Trustee, (Assignor) to Citygate Development, LLC,
(Assignee), Project 70054.
22)
Approve amendments to close out Work Orders GH-FT-02-05 and
GH-FT-02-06 with Greeley and Hansen, LLC, to update the 2002
Water and Wastewater Master Plans, Projects 70070 and 73066. (In
the amount of $74,600)
D. PUBLIC SERVICES
1)
Authorize the Chairman to sign the Home Care for the Elderly Grant
contract between Collier County Board of County Commissioners and
the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior
Solutions of Southwest Florida and approve the budget amendment.
2)
Authorize the Chairman to sign the Alzheimer's Disease Initiative
Grant contract between Collier County Board of County
Commissioners and the Area Agency on Aging for Southwest Florida,
Inc., D/B/A Senior Solutions of Southwest Florida and approve the
budget amendment.
3)
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 the Area Agency on Aging for
Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida.
4)
Authorize a budget amendment recognizing Community Development
Block Grant Revenue in the amount of $46,5000 for the Human
Services Department to provide prescription medications to low
income residents in Immokalee.
Approve amending Resolution 02-429 for Collier County EMS
Service User Fees which will maximize revenue by adopting rates in
accordance with similar Florida ambulance providers.
Resolution 2003-244
6)
Approve an Interlocal Agreement with the City of Naples for the
reciprocal beach-parking program at a cost of $390,000 for Fiscal
Year 2003.
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July 29, 2003
Ee
Chairman to sign upon approval by the City Of Naples City
Council on August 20, 2003
7)
Authorize the County Manager or designee to approve funds not to
exceed $20,000 to spray for mosquitoes outside of the Collier
Mosquito Control District should the County be placed on Medical
Alert by the Department of Health.
ADMINISTRATIVE SERVICES
1)
2)
Recommendation to award Bid #03-3518, Safety Equipment and
Supplies, to Safety Supply Warehouse and Grainger. (Estimated not
to exceed $100,000)
Recommendation to reject all proposals received under RFP 03-3543,
Communications Services Contract.
3)
4)
5)
Approve a budget amendment to move funds from the Information
Technology Department budget to the Human Resources Department
budget in order to provide adequate funding to meet staffing needs for
the remainder of the current fiscal year.
Award of Bid #03-3527, "Gasoline and Diesel Fuel", to Evans Oil
Company and Petroleum Traders Corporation, estimated at $1.8
million annually.
Approve payment of $34,467.43 to AAA Generator, Inc., for use tax
assessed by State of Florida Department of Revenue and for use tax
incurred after assessment on contracted work.
6)
7)
Report and ratify staff-approved administrative change orders to
board-approved contracts.
Report covers period beginning on or about June 9, 2003 through
July 16, 2003
Approve partial funding in the amount of $16,622.67 for the Golden
Gate Fire Safety Complex Kitchen Remodel to improve facility
accommodations.
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July 29, 2003
8)
Approve Change Order #3, Amendment Four, Contract 98-2867, in
the amount of $338,000 for the design of the expansion and
renovation of the Naples Jail Center to AEC National, included is the
threshold inspection, piling redesign, build-out of the third floor
expansion, ice tank relocations and stucco replacement to the existing
jail.
F. COUNTY MANAGER
1)
Summary of Consent and Emergency Agenda Items approved by the
County Manager during the Board of County Commissioners'
scheduled recess.
1) Funding for Eagle Lakes Nature Interpretive Center in the
amount of $54,700 (Project 74050)
2) Award Contract 03-3497 "Auditing Services for Collier
County" to KPMG (Estimated dollar amount of contract
$285,000)
3) Budget Amendment for: #03-404 Sabal Palm Road Extension;
#03-405 Golden Gate Beautification MSTU; #03-406
Vanderbilt Beach MSTU; #03-407 Naples Production Park
MSTD;#03-408 Lely Golf Estates Beautification MSTD; #03-
410 Collier County Lighting
Budget Amendment for #03-389 MSTD General Landscape
Projects
Budget Amendment to transfer $50,000 between cost centers
within Fund 113 of the Community Development and
Environmental Services Division
Budget Amendment for #03-414 MSTD General Landscape
Projects
Awarded Bid #03-3542 for the "Boardroom Technology
Enhancement" Project to the Whitlock Group in the amount of
$105,398
Awarded Bid #03-3547 for Long Distance Services to Tel
Quest Communications Corp. estimated value $84,000
Budget Amendment for #03-422 Public Services
Administration
4)
5)
6)
7)
8)
9)
2)
Recommendation that the Board of County Commissioners award Bid
#03-3520 in the amount of $44,800 for purchase and delivery of pine
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July 29, 2003
straw mulch to Forestry Resources Inc.
3)
Approve an agreement and adopt a resolution authorizing Collier
County, Florida to accept a $20,000 matching grant (75/25) from the
Florida Department of Community Affairs to revise and update the
Collier County's local mitigation strategy and approve a budget
amendment to recognize and appropriate revenue.
Resolution 2003-245
4)
Recommendation that the Board of County Commissioners adopt a
resolution fixing the date, time and place for the public hearing for
approving the special assessment (non-ad valorem assessment) to be
levied against the properties within the Pelican Bay Municipal Service
Taxing and Benefit Unit for maintenance of the water management
system, beautification of recreational facilities and median areas, and
maintenance of conservation or preserve areas, and establishment of
capital reserve funds for ambient noise management, maintenance of
conservation or preserve areas, U.S. 41 berms, street signage
replacements within the median areas and landscaping improvements
to U.S. 41 entrances, all within the Pelican Bay Municipal Service
Taxing and Benefit Unit.
Resolution 2003-246 Public Hearing to be held on September 4,
2003 at 5:05 P.M. in the Board of County Commissioners
Chambers
5)
Approve Resolution of the Board of County Commissioners of Collier
County, Florida, amending and supplementing a Resolution entitled
"A Resolution of the Board of County Commissioners of Collier
County, Florida authorizing the issuance by Collier County, Florida of
$120,000,000 in aggregate principal amount of Collier County,
Florida Gas Tax Revenue Bonds, Series 2003 in order to provide
funds for the principal purposes of financing the costs of various
transportation improvements within the County and refinancing
certain indebtedness; pledging the money's received by the County
from the herein described gas tax revenues to secure payment of the
principal of and interest on said bonds; providing for the rights of the
holders of said bonds; providing for the issuance of additional bonds;
providing for certain additional matters in respect to said bonds; and
providing for an effective date for this Resolution"; authorizing the
issuance of the Collier County, Florida Gas Tax Revenue Bonds,
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July 29, 2003
Series 2004 in an aggregate principal amount of not exceeding
$5 !,000,000; adding the constitutional gas tax to the pledged funds;
providing for validation of the Series 2004 bonds; and providing an
effective date.
Resolution 2003-247
6)
Approve resolution of the Board of County Commissioners of Collier
County, Florida regarding reimbursement of certain costs relating to
the acquisition, construction, and renovation of the County Jail
Complex addition and renovation parking deck and chiller plant
expansion, and the Development Services Building expansion and
parking garage, and providing an effective date.
Resolution 2003-248
Ge
7)
The Finance Department seeks approval of a Budget Amendment
required for payment ofrebatable arbitrage on the road improvement
refunding revenue bonds, Series 1995.
AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
1)
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the
Detailed Report of Open Purchase Orders serve a valid public purpose
and authorize the expenditure of County funds to satisfy said
purchases. A copy of the Detailed Report is on display in the County
Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, FL.
(June 28-July 11, 2003)
2)
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
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July 29, 2003
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, Collier
County Government Center, 3301 East Tamiami Trail, Naples, FL.
(June 14-June 27, 2003)
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. A copy of the Detailed Report is on display in the County
Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples, FL.
(July 12-18, 2003)
4)
Recommend that the Board of County Commissioners designate the
Sheriff as the Official Applicant and Program Point-of-Contact for the
United States Department of Justice, Bureau of Justice Assistance,
Local Law Enforcement Block Grant Program, accept the Grant when
awarded and approve applicable budget amendments.
K. COUNTY ATTORNEY
1)
Approve the Stipulated Final Judgment relative to the easement
acquisition of parcel 159B in the lawsuit styled Collier County v.
Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road
Project #60018). (In the amount of $17,382.96)
Staff directed to pay the sum of $2,820.96 to Florida Power and
Light
2)
Approve the Stipulated final Judgment relative to the acquisition of a
road easement designated as parcel 128 in the lawsuit entitled Collier
County v. Gerald A. McHale, Jr., Successor Trustee Under
Unrecorded Land Trust Agreement Dated 12/10/92, et. al. (Pine
Ridge Road between CR 31 and Logan Blvd., Project No. 600111.)
(In the amount of $3,394.14)
Staff directed to issue check to the trust account of Respondent's
counsel for disbursement of attorneys costs and fees
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July 29, 2003
3)
Approve the Stipulated Final Judgment relative to the fee simple
acquisition of parcel 142 in the lawsuit entitled Collier County v.
Owen M. Ward, Trustee, et al., Case No. 99-1291-CA. (In the amount
of $18,716)
Staff directed to issue a check to the trust account of
Respondent's counsel for the disbursement of funds
4)
Approve the Mediated Settlement Agreement and a Stipulated Final
Judgment relating to the acquisition of parcel 132 in the lawsuit styled
Collier County v. Treesource, Inc., et al., Case No. 02-5167-CA
(Immokalee Road Project No. 60018.) (In the amount of $200,100)
s)
Recommendation to approve a budget amendment in the amount of
$50,000 for outside counsel and professional services in support of
Resolution 2002-428 expressing the County's concerns regarding the
acquisition of the Marco Island/Marco Shores utility system by the
Florida Water Services Authority.
6)
Recommendation that the Board approve a settlement agreement in
the case of Board of County Commissioners Collier County, Florida
v. Manatee Resort Condominium Association, et al, Code
Enforcement Board Case Number 2001-086, and authorize the
Chairman to sign all necessary settlement documents.
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.
Page 24
July 29, 2003
Ae
Request that this item be continued to the September 9~ 2003 BCC
meeting. Adopt a Resolution authorizing a change in methodology for the
assessment of non-residential water and wastewater impact fees based on
equivalent residential connections (ERC).
Continued to the September 9, 2003 BCC Meeting
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. An Ordinance
amending Ordinance Number 91-102 the Collier County Land Development
Code which includes the Comprehensive Zoning Regulations for the
Unincorporated Area of Collier County, Florida, by amending the official
zoning atlas map numbered 0511S by changing the zoning classification of
the herein described real property from C-3 and RMF-6 to "PUD" Planned
Unit Development known as the Miller Square PUD. This project will
consist of 20,000 square feet or less of retail and office commercial uses,
located at the northeast comer of U.S. 41 east and Shadowlawn Drive in
Section 11, Township 50 south, Range 25 east, Collier County, Florida,
consisting of 1.9+ acres. This item is a companion to CPSS-2003-1 GMP
Amendment~ Item 17 C.
Continued to the September 9, 2003 BCC Meeting
C. Petition No. CPSS-2003-1, a small-scale growth management plan
amendment (future land use element) to expand the boundaries of Activity
Center #16. This item is a companion to Miller Square PUDZ-2002-AR-
3151~ Item 17 B.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDZ-03-AR-
3605, William L. Hoover of Hoover Planning and Development Inc., and
Jeff Davidson of Davidson Engineering, Inc., representing Philip McCabe of
Gulf Coast Commercial Corporation, requesting a rezone from "RMF-6"
Residential Multi-Family Zoning District to "PUD" Planned Unit
Development to be known as Botanical Place PUD allowing 218 multi-
family residential dwelling units of which 64 units will be for affordable
housing subject to the approval of an affordable housing density bonus
agreement for property located on the east side of Bayshore Drive and
approximately 800 feet north of Thomasson Drive in Section 14, Township
50 south, Range 25 east, Collier County, Florida.
Ordinance 03-38
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July 29, 2003
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition
AVROW2003-AR3572 to disclaim, renounce and vacate the County's and
the Public's interest in the road right-of-way for 45th Lane Southwest, which
was dedicated to the County by the plat of"Golden Gate Unit 3", as
recorded in Plat Book 5, Pages 97 through 105, Public Records of Collier
County, Florida, and to vacate two 6 foot wide drainage and public utility
easements located in Section 27, Township 49 south, Range 26 east.
Resolution 2003-249
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition
AVPLAT2002-AR3183 to disclaim, renounce and vacate the County's and
the Public's interest in the 15 foot wide drainage easement located on a
portion of Lot 42, Block "B", according to the Plat of"Forest Lakes Homes"
as recorded in Plat Book 12, Pages 41 through 46, Public Records of Collier
County, Florida, and to accept a relocation drainage easement on a portion
of said Lot 42 and on a portion of that parcel owned by the petitioner which
abuts said Lot 42, located in Section 14, Township 49 south, Range 25 east.
Resolution 2003-250
Ge
That the Board of County Commissioners (BCC) adopt an ordinance to
impose a $3.00 surcharge to fund driver education programs in public and
non-public high schools in Collier County pursuant to Section 318.1215,
Florida Statutes.
Ordinance 03-39
He
Adopt resolution increasing the regulatory assessment fee from one and one-
half percent to two percent of gross revenues for non-exempt privately
owned water and wastewater systems subject to local regulation, effective
October 1, 2003, as recommended by the Collier County Water and
Wastewater Authority
Resolution 2003-251
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2003,
AR-3979, Ronald Waldrop of Waldrop Engineering, P.A., representing Lely
Development Corporation. Applicant is requesting the following five street
name changes located in the Classics Plantation Estates Phase Two: From
Hemingway Street to Trent Court, in Section 27, Township 50 south, Range
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July 29, 2003
26 east; from Kipling Road to Nelsons Way, in Section 27, Township 50
south, Range 26 east; from Casablanca Street to Palmer Court, in Section 22
and 27, Township 50 south, Range 26 east; from Browning Street to Hogan
Court, in Section 27, Township 50 south, Range 26 east; from Emerson
Street to Snead Court, in Section 27, Township 50 south, Range 26 east.
Resolution 2003-252
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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July 29, 2003