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Recap 09/23-24/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 23-24, 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 September 23-24, 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 2. AGENDA AND MINUTES 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 September 2, 2003 - Special Meeting Approved as presented 5/0 Ce September 4, 2003 - BCC Budget Hearing Approved as presented 5/0 De September 4, 2003 - Pelican Bay Budget Hearing Approved as presented 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to designate October 25, 2003 as NAACP Freedom Fund Day. To be accepted by Laveme Franklin, President of the NAACP. Adopted - 5/0 2 September 23-24, 2003 Be Proclamation to designate October 8, 2003 as Collier County Walk Our Children to School Day. To be accepted by Theadore Litwin, Chairman of the PAC. Adopted - 5/0 Proclamation to recognize and celebrate the Parks and Recreation Department and its staff for receiving the 2003 Agency Excellence Award in Category I. To be accepted by Marla Ramsey, Director of Collier County Parks and Recreation Department. Adopted - 5/0 PRESENTATIONS Ae Recommendation to recognize Amy Tozier, Case Manager, Human Services Department as Employee of the Month for September 2003. Recognized PUBLIC PETITIONS Withdraw A. Public petition request by Ms. Cindy Kemp to discuss petition documents regarding Southern Golden Gate Estates Area. 7. BOARD OF ZONING APPEALS Continued to the October 14, 2003 BCC Meeting A. This item was continued from the September 9~ 2003 BCC Meeting. Petition CCSL-2001-5/AR-1922, Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel; requesting a variance from the Coastal Construction Setback Line (CCSL) to allow construction of a multistory residential building, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicapped beach access ramp all of which are located on property known as Vanderbilt Beach Motel with a street address of 9225 Gulfshore Drive North, in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A. Connors Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 3 September 23-24, 2003 Moved from Item #17L B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3537, Nick Stewart of Stewart Mining Industhes, requesting Conditional Use "1" for earthmining in the "A-MHO" Rural Agricultural - Mobile Home Overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. Resolution 2003-332 Adopted w/stipulations - 5/0 8. ADVERTISED PUBLIC HEARINGS Ae Be Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR- 3242, Jerry Neal of Hole Montes and Associates, representing Frank W. Cooper and F. C. Properties, requesting a rezone from "A" Rural Agriculture and "A-ST" Rural Agricultural with a special treatment overlay to "PUD" Planned Unit Development to be known as the Mandalay PUD allowing for 84 residential dwelling units for property located on the north side of Rattlesnake Hammock Road (C.R. 864) and approximately one-eighth mile east of Polly Avenue in Section 16, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2003-49 Adopted w/stipulations - 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2002-AR-2475, J. Gary Butler, PE, of Butler Engineering, Inc., representing Bayswater Falling Waters LLC, requesting a rezone from "E", Estates, and PUD, Falling Waters PUD, to increase acreage of the existing Falling Waters PUD from 134.04 to 161.54, change density from 6 dwelling units per acre to 4.95 per acre, and show a change in property ownership, for property located south of Davis Boulevard and west of the proposed alignment of Santa Barbara Boulevard in Section 8, Township 50 South, Range 26 East, Collier County, Florida, consisting of 161.54 +/- acres. Ordinance 2003-50 Adopted w/stipulations - 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3495, Christopher D. Hagan, P.E., of Johnson Engineering, representing V.K. Development Corp., requesting a rezone from "PUD" to "PUD" Planned 4 September 23-24, 2003 De Unit Development to be known as Wentworth Estates PUD. The current PUD is known as Lely Lakes PUD and consists of residential and commercial use. The proposed PUD will consist of mixed uses for a maximum of 1,499 residential dwelling units, 85,000 square feet of commercial uses, 18-hole golf course and associated amenities. The property to be considered for this rezone is located on the southwest side of Tamiami Trail East (U.S. 41) approximately 1-1/4 mile southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864), in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, consisting of 1558.49+/- acres. Ordinance 2003-51 Adopted w/stipulations - 4/1 (Commissioner Halas opposed) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Board of County Commissioners heard this petition on June 24, 2003 and sent item back to Collier County Planning Commission for further consideration. PUDZ- 2002-AR-3011, Dwight H. Nadeau of R.W.A., Inc., representing A.R.M. Development Corporation 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 375 residential dwelling units generally located on the east side of Collier Boulevard (C.R. 951), approximately ¼ mile south of Immokalee Road (C.R. 846) in Section 26, Township 48 South, Range 26 East, consisting of 78.07 acres. Ordinance 2003-52 Adopted - 5/0 This item is being continued indefinitely. Board of County Commissioners need to vote to continue this item indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR-4008, C. Laurence Keesey, of Young, Van Assenderp, Varnadoe & Anderson, P.A. representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from "PUD" to "PUD" (Planned Unit Development) for the purpose of revising the PUD document to relocate 170,343 square feet of approved, but not yet constructed and uncommitted commercial use from the north commercial area to the south commercial area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the 5 September 23-24, 2003 Fe northwest quadrant of the intersection of Tamiami Trail (US-41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8 and 9, Township 49 South, Range 25 East Collier County, Florida. (Staff's request) Approved to Continue Indefinitely - 5/0 (No DRI w/PUD) This item was continued from the July 29, 2003 BCC meeting. 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 & Development, Inc., representing Barton and Wendy Mclntyre 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. Continue to October 28,2003 BCC Meeting - Approved - 5/0 This item has been deleted. This item was continued from the September 9, 2003 BCC Meeting and is further continued to the October 28, 2003 BCC Meeting. CU-2002- AR-2354, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Use 3 & 4 of"E" Estates 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. This item to be heard at 5:00 p.m., 9/24/03 and is a companion to Item 10 K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition by the State of Florida, by and through the Florida Department of Environmental Protection, to disclaim, renounce and vacate the County's and the Public's interest in the platted road rights of way in the Southern Golden Gate Estates, dedicated to the County by the plats of Golden Gate Estates, Units 98, 98A, 99, 99A, 100, 100A, 101 through 113, l13A, 114, l14A, 118, 119, 121,123, 123A, 124, 127, 130, 131,134, 135, 136, 137, 140 through 167, 171 and 172, (Located in Townships 50 and 51 south, Ranges 27 and 28 6 September 23-24, 2003 east) and to disclaim, renounce and vacate a 1.12 mile of road right-of-way known as Miller Boulevard Extension located in Sections 25 and 36, Township 51 south, Range 27 east, and to disclaim, renounce and vacate that portion of a road right-of-way known as Janes Scenic Drive described in Official Records Book 76, Page 394, lying northerly of the south line of the north 150 feet of the south 660 of the southwest quarter of Section 12, Township 52 south, Range 29 east. Resolution 2003-336 Adopted - 4/1 (Commissioner Coletta opposed) Je For the Board of County Commissioners to consider the adoption of an ordinance superceding and repealing Collier County Ordinance Numbers 99- 22 and 00-58, collectively known as the Collier County Ethics Ordinance. (David Weigel, County Attorney) Ordinance 2003-53 Adopted w/changes - 5/0 Moved from Item #17J K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ-2002-AR-2944, D. Wayne Amold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm International Academy, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Agricultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm International Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+/- acres. Ordinance 2003-54 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS Be Item being continued to October 14~ 2003 BCC Meeting Discussion regarding FL Statute 193.703, Reduction in assessment for living quarters of parents or grandparents. (Commissioner Henning) This item to be heard after 10E. To appoint a Representative from Collier County Government to the Southwest Florida Resource Conservation & Development (SWFRC&D) Council. Resolution 2003-333 Appointing Marlene Foord to represent Collier County Government Adopted - 5/0 7 September 23-24, 2003 10. Ce me Approve the Annual Performance Appraisal for the County Manager. Lump sum payment of $13,036.03 (82.8% of maximum merit pay range of $4,723 to $15,744) Approved- 5/0 Review and approve the FY 2004 Annual Work Plan for the County Manager. Approved 5/0 Discussion regarding Contracting and Change Order processes. (Commissioner Henning) Discussed w/Item #10M to determine better review, legal requirements, processing, liability, and more documentation to determine reasons for the changes to be made and by what staff personel. County Manager to follow-up at the October 14th BCC Meeting with suggestions for a better process. CO's are brought to the board if the amount is 10% over the amount on work order and staff authorizes amounts under 10% (w/monthly report submitted to BCC). Each change order should have a review process for the scope of work and if the design engineer and/or contractor is in error in their responsibility/determinations. Approved - 5/0 COUNTY MANAGER'S REPORT Ae Approve the award and subsequent construction contract (subject to the Florida Department of Environmental Protection Agency's final approval as necessitated by the State Revolving Fund Loan requirements) for the North County Water Reclamation Facility expansion to 24.1-million gallons per day maximum month average daily flow - solids stream, to Westra Construction Corporation, Project 739502, Bid 03-3539, in the bid amount of $8,692,500. (Jim DeLony, Public Utilities Administrator) Approved 4/0 (Commissioner Halas ou0 Adopt a resolution authorizing condemnation of fee simple interests in property required for the construction of stormwater retention and treatment ponds required for the construction of six-lane improvements to Collier Boulevard (CR-951) from Golden Gate Boulevard to Immokalee Road. (Capital Improvement Element No. 37, Project No. 65061). Estimated fiscal impact: $3,250,000. (Norman Feder, Transportation Services Administrator) Resolution 2003-335 Adopted 5/0 8 September 23-24, 2003 Ce De te Fe Award contract to construct the Santa Barbara force main, Bid 03-3534, Project 73132, 73150 and 73151 in the amount of $6,126,324. (Jim DeLony, Public Utilities Administrator) Approved 4/0 (Commissioner Fiala out) This item to be heard at 5:30 p.m, 9/23/03. Recommendation that the Board of County Commissioners review the Naples Park Community Plan survey developed by Trullinger Associates, Inc. to authorize the dissemination of the survey to Naples Park property owners for consideration and execution, to authorize the tabulation of survey results by Trullinger Associates, Inc. upon receipt of returned surveys and to authorize Trullinger Associates, Inc. to develop a report for presentation to the Board of County Commissioners. (Joseph Schmitt, Community Development Administrator) Approved survey w/changes - 5/0 This item to be heard at 3:00 p.m.~ 9/23/03. This item was continued from the September 9, 2003 BCC meeting. Consideration to support the Southwest Florida Resource and Conservation and Development (SWFRC&D) Council's application for Resource Conservation and Development Program Assistance after hearing a presentation by a SWFRC&D representative. (Joseph Schmitt, Community Development Administrator) Approved - 5/0 This item has been deleted. G. This item has been deleted. He Approve Tourist Development Category "A" Beach Renourishment/Maintenance Grant applications for fiscal year 2003-2004 in the amount of $1,140,300. (Jim DeLony, Public Utilities Administrator) Approved 4/0 (Commissioner Fiala out) Proposed amendment to Resolution 2003-117 which established a fee schedule of development related review and processing fees as provided for in Division 1.10 of the Collier County Land Development Code. (Joseph K. Schmitt, Community Development Administrator) Resolution 2003-335A Adopted - 5/0 9 September 23-24, 2003 This item to be heard after 10E and 911. Approval of Resolution authorizing the Issuance of Capital Improvement and Refunding Half-Cent Sales Tax Revenue Bonds Series 2003 in an not to exceed amount of $51,000,000. (Mike Smykowski, Director, Office of Management and Budget) Resolution 2003-334 Adopted - 5/0 Ko This item to be heard at 5:00 p.m., 9/24/03 and is a companion to Item 8I. Approve agreement between the Board of Trustees of the Internal Improvement Trust Fund, South Florida Water Management District and Collier County contingent on the Board's approval of Florida Department of Environmental Protection's Petition to vacate certain rights of way within the Southern Golden Gate Estates and adjacent state-owned lands. Approved - 4/1 (Commissioner Coletta opposed) Added L. Recommendation to waive formal competitive process and approve a contract with 3001 (The Spatial Data Company) as a single source vendor for ground survey and LIDAR analysis survey work in the amount of $49,425 to satisfy a FEMA requirement ibr certification of existing LIDAR topography of Collier County. (Staff request.) Approved 4/0 (Commissioner Coyle out) Moved from Item #16E4 M. Report and ratify staff-approved administrative changes to work orders. Discussed w/Item #9E to determine better review, legal requirements, processing, liability, and more documentation to determine reasons for the changes to be made and by what staff personel. County Manager to follow-up with suggestions for a better process. CO's are brought to the board if the amount is 10% over the amount on work order and staff authorizes amounts under 10% (w/monthly report submitted to BCC). Each change order should have a review process for the scope of work and if the design engineer and/or contractor is in error in their responsibility/determinations. Approved - 5/0 Moved from N. Item #16Al Approve the transfer of $75,000 from the Current Planning section FY03 budget to Comprehensive Planning Section FY03 budget to restore funds previously transferred to fund the Vanderbilt Beach RT Overlay Study. Approved - 5/0; Staff to bring back policy on a future agenda. 10 September 23-24, 2003 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. David Ellis w/Collier County Building Industry concerning permit fees and their uses. Building funds and planning funds are now separated. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae Be County Manager: To note that petition ADA-2003-AR-4351 was also continued indefinitely by staff request, in addition to petitioner's request County Manager: CAC to review new policy on beach renourishment and to determine whether it is to be TDC funded or privately funded. 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 Moved to Item #10N 1) Approve the transfer of $75,000 from the Current Planning section FY03 budget to Comprehensive Planning Section FY03 budget to restore funds previously transferred to fund the Vanderbilt Beach RT Overlay Study. 2) Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2003-013 and 2002-018. 11 September 23-24, 2003 3) 4) 5) 6) 7) Board of County Commissioners acting as the Community Redevelopment Aeencv. To approve the continued and increased funding of the Site Improvement Grant and Impact Fee Assistance Grant programs as recommended by the Bayshore/Gateway Triangle Local Redevelopment Advisory Board; approve the attached budget amendment request for the two grant programs; authorize the County Attorney and staff to draft any necessary agreements, ordinance, resolution language, or grant application changes. Approval of new tourism initiatives with a finding that they are in the public interest by promoting tourism in Collier County and to authorize payment of all expenses related to those initiatives. Initiatives to consider: Society of American Travel Writers ($5800), Franklin Templeton Shootout ($6500), Equinox Documentaries ($25,000), and Museum Coalition Brochure (Total Expenditure is $5,000 w/$2000 returned from the museum's contributions) Request to grant final acceptance of the roadway (public), drainage, water and sewer improvements for the final plat of"Creekside Boulevard West". Resolution 2003-319 w/release of maintenance security Request to approve for recording the final plat of"Veronawalk Phase 1A", 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"K.A. Wallace Subdivision". 8) Request to approve for recording the final plat of"Lenamae Commerce Park". 9) lO) Request to grant final acceptance of the roadway (public), drainage, water and sewer improvements for the final plat of"Creekside Commerce Park West - Unit Two". Resolution 2003-320 w/release of maintenance security Approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the 12 September 23-24, 2003 Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for fiscal year 2004. Approval of the amendment to extend the expiration date of the Tourism Agreements with Kelly Swafford and Roy (KSR) and to find that they are in the public interest by promoting tourism in Collier County and to authorize payment of all expenses related to those agreements. Interim term to expire on November 30, 2003 Notification to the Board of County Commissioners regarding the submission of the 2004 Collier County Continuum of Care Homeless Challenge Grant application to the Florida State Office on Homelessness on September 9, 2003, and informing the Board that the County Manager signed the application submission on behalf of the Board due to the date of the grant deadline. For projects detailed in the Executive Summary 13) This item has been deleted. 14) Authorize the Chairman to sign a $6,845 agreement (of which $3,200 will be reimbursable) with the U.S. Fish and Wildlife Service to fund wetland plantings and an educational sign in Lake Avalon. Agreement #401813G198 15) Approve and ratify a Tourism Agreement with the City of Naples for the monitoring of Doctor's Pass, Project 90537, in the amount of $10,580. Approve and ratify a Tourism Agreement with the City of Naples for T-Groin Monitoring, Project 90539, in the amount of $69,176. 17) Board of County Commissioners acting as the Community Redevelopment Agency. To approve the allocation of $25,000 from Fund 187 for the purchase and installation of street lights along Davis Boulevard in the Bayshore/Gateway Triangle Redevelopment District. 18) Recommendation that the Board approve offsite removal of fill not to exceed 10,000 cubic yards from the existing site known as the Marete Excavation, bounded on the east and south sides by vacant land zoned 13 September 23-24, 2003 agricultural and on the north end west sides by occupied land zoned agricultural on the condition that all the fill removed must go to the Habitat for Humanity site known as Charlee Estates. B. TRANSPORTATION SERVICES 1) Approval of Bid #03-3558, Lely Golf Estates MSTU Roadway Grounds Maintenance in the amount of $42,495.30 to Green Heron Landscapes, Inc. In the amount of $42,495.30 2) Board approval to terminate primary vendor, Hines Landscaping, under Contract #03-3491 - "Retention Pond Mowing" and award remainder term of the contract to secondary vendor, Southern Services. Change due to sites had not been serviced as per the contract requirements. Increase in the contract amount by $568.00/month, with a total of $4,544.00. 3) Board approval of Adopt-a-Road Program Agreements. At a cost of $10,000.00, which provides safety vests, pick-up sticks and/or grabbers, trash bags, traffic control signs, and sponsors name being placed on Adopt-a-Road signs 4) Accept a grant of a perpetual, non-exclusive drainage easement and accept a grant of a perpetual, non-exclusive access easement to provide for access and regular maintenance by County staff to one of the canals in the Rock Creek basin. Located in Section 1, Township 50 south, Range 25 east. Within Avion Woods (AR 2073) 5) The Collier County Board of County Commissioners (BCC) authorizing the supplement for the Trip and Equipment Grant with the Florida Commission for the Transportation Disadvantaged (CTD). 6) 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 14 September 23-24, 2003 County. w/stipulations as detailed in the Executive Summary 7) Approve a budget amendment to shift funding from Impact Fees to Gas Tax for Goodlette Frank Road Project (60134). 8) Request Board approval of Landscape, Irrigation, and Maintenance Agreement among Collier County, Florida, William T. Higgs, and White Lake Commons Association, Inc. for the beautification of White Lake Corporate Park adjacent to White Lake Boulevard. Expenses are the responsibility of William T. Higgs (Developer) and White Lake Commons Association (Property Owner's Association) 9) Approve a Work Order for $966,820 for the construction engineering and inspection services by KCCS for the Golden Gate Parkway Phase II Project, Livingston Road to Santa Barbara Boulevard, Project No's. 60027A and 60027B, RFP No. 00-3184. Work Order # KCS-FT-03-02 C. PUBLIC UTILITIES 1) Approval of non-disturbance agreement with Florida Power and Light Company for property located at the raw water booster station in the Tamiami wellfield. Located at: 641 7th Street Southwest in the Golden Gate Estates 2) Approval of a contract amendment with the South Florida Water Management District to continue participating in surface water quality monitoring of Big Cypress Basin in the amount of $300,000. Agreement #ML040284, to be effective October 1, 2003 3) Approve a budget amendment transferring funds from Mandatory Trash Collection Fund (473) Reserves for payment to haulers for the residential mandatory trash collection and disposal program. Total funds needed from Reserves are $76,000. In the Immokalee Service area 4) Award Bid #03-3519 and approve budget amendment for the purchase of two skid steer loaders for the recycling centers to Nortrax 15 September 23-24, 2003 Withdraw 5) 6) 7) Equipment for the total amount of $50,504. Approve Work Order CDM-FT-03-02 for engineering services to add one new public water supply well to the Tamiami wellfield in the amount of $113,893, Project 70158. To Camp Dresser & McKee, Inc., in the amount of $113,893 Award a contract to Southwest Utility Systems, Inc. for construction of the Vanderbilt Beach Road reclaimed water main, Bid 03-3529, Project 74034, in the amount of $845,415. Approve Work Order CDM-FT-01-02 for utility engineering services related to resolving claims on the Golden Gate Wellfield Reliability Construction Contract in the amount of $36,000, Project 70066. Amendment 3 to Work Order CDM-FT-01-02 8) Approve Work Order #VL-02-10 with Victor J. Latavish Architect, PA, in the amount of $89,500 for professional services associated with renovations for the Public Utilities Operations Center, Project numbers 70059 and 73072. 9) lO) 11) Approve amendment 1 to Work Order HM-FT-02-02-A for engineering services during construction of the Western Wastewater Interconnect, Phase II, Project 73076, in the amount of $65,480. To Hole Montes, Inc. Board approval of budget amendments recognizing positive carry forward of a $60,414 variance in the Pollution Clean-up and Restoration Fund (108) and transferring $60,414 to Water Pollution Control Fund (114). Due to residual equity transfer, from the FDEP on Contracts GC123, GC205, GC375, GC448, GC530, AND GC623 Approve a purchase order in the amount of $131,000 and the required budget amendment for Angie Brewer and Associates (ABA), Grant Advisor, for professional services involving the procurement and administration of the State Revolving Fund (SRF) loan procurement and associated tasks. State Revolving Fund Procurement #74310 16 September 23-24, 2003 12) 13) 14) Recommendation to award Bid No. 03-3532, Reinforcement of Driveways contract to Neubert Construction Services, Inc. and NR Contractors, Inc. estimated value of $900,000 from the Mandatory Trash Collection funds. To reinforce and repair driveways that are used as turn-a-rounds by trash collection haulers Approval of Contract No. GC623 Amendment No. 1 with the Florida Department of Environmental Protection (FDEP) for contract administration and remediation services for the clean-up of petroleum contaminated sites throughout Collier County. Up to the amount of $201,256.23 in FDEP Reimbursements, which remains in effect until June 30, 2005 Approve a budget amendment in the amount of $100,000 to fund unanticipated expenses in the North County Regional Water Treatment Plant Cost Center. 15) 16) 17) 18) Authorize the Chairman to accept the FY 03/04 Waste Tire Grant offer in the amount of $31,195 and authorize the Solid Waste Director to sign the agreement. Grant Agreement Number: WT408 for the period of October 1, 2003-September 30, 2004 Approve staff recommendation to reject Bid No. 03-3524 for pump station 107 improvements, Project: 73945. Approve annual Rate Resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2003/2004. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2003/2004 budgets for Solid Waste Disposal (Fund 470) and Mandatory Trash Collection (Fund 473). Resolution 2003-321 Approve a budget amendment to reallocate funds between object codes for the Goodland Water Pumping Station upgrades project, in the amount of $70,000. 17 September 23-24, 2003 Amendment to Work Order GH-FT-03-02 to Greeley and Hanson for Fixed Term Engineering Services 19) Request for the Board of County Commissioners to waive the County's purchasing policy retainage release/reduction criteria by reducing retainage from 10% to 0% for a component of the South County Regional Water Treatment Plant, Project 70054. For the Ground Storage Tank 20) Adopt a resolution authorizing the acquisition by gift or purchase of temporary construction easements for the Santa Barbara sewer force main interconnect between the North and South Wastewater service areas, Project 73132, at a cost not to exceed $55,000. Resolution 2003-322 and Resolution CWS-2003-03 w/stipulations 21) Approval of a repair/maintenance agreement with Peacock Court (Subdivision) for a wastewater force main in the County right-of-way. 22) Board of County Commissioners approval for the purchase and installation of two replacement hoods in the Inorganic Laboratory in the amount of $22,304. In the Pollution Control and Prevention Department (PC&PD) in association with water quality analytical analysis 23) Recommendation that the Board of County Commissioners transfer Capital Project appropriations from an operating account in the Mandatory Trash Collection Fund (473) and approve the creation of a Capital Projects Fund for Solid Waste Capital Projects. Transfer appropriations and expenses of $200,000 in the FY 2002-03 budget and an appropriation of $200,000 in the FY 2003/04 budget. For the reinforcement of driveways for the Residential Trash Collection & Disposal Program D. PUBLIC SERVICES 1) Renewal of an agreement for joint use of facilities with St. John Neumann High School. For a period of one year, from the date of execution 18 September 23-24, 2003 2) 3) 4) 5) 6) 7) Board approval of a successor agreement to Bid #99-3024 "Prescription Drugs for Social Services". Will remain in place until January 2004 (Re-bidding of these services will take place in the Fall of 2003) Award of Bid #03-3565 to Florida Coast Equipment for purchase of an articulated wheel loader in the amount of $45,947.73. Approve an amendment to a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., allowing for a New Year's Eve event and fireworks display to replace this year's cancelled Fourth of July event. Acceptance of Library Long Range Plan, including the current year action plan and technology plan, and approval of Library State Aid application. (FY04 Grant Revenue of $350,000.) Approval of agreement for fiscal year 2003-2004 funding contribution to the David Lawrence Mental Health Center, Inc. at a cost of $952,000. Approve a budget amendment in the Emergency Medical Services Fund 490 transferring budgeted funds totaling $182,000. Due to higher personnel services based on payroll increases given to Paramedics and EMT personnel ADMINISTRATIVE SERVICES 1) 2) 3) Award Contract RFP 03-3476 for "Eminent Domain Legal Services" for Fixel, McGuire & Willis; Gray, Harris & Robinson, P.A.; and Broad and Cassel. For right-of-way acquisitions in Collier County Approval to purchase property, casualty and workers' compensation insurance and related services for FY 2004. As detailed in the Executive Summary Authorize staff to utilize state contract and GSA schedule 70 pricing for Communications and Information Technology hardware and software. For purchasing of hardware and software components in excess of 19 September 23-24, 2003 twenty five thousand dollars ($25,000.00) for a period of three years, as needed. Moved to Item #10M 4) Report and ratify staff-approved administrative changes to work orders. 5) Request to approve Selection Committee ranking of firms for contract negotiations for RFP 03-3548, "Consultant Services for Developing a Land and Land Rights GIS Database." Firms: Jones Edmunds & Associates, Inc., Wilson Miller, and AIM Engineering & Surveying, Inc. 6) Approve a budget amendment to appropriate building maintenance special service revenues totaling $60,900 for reimbursement of operating expenses in fiscal year 2003. 7) Recommendation to adopt a Resolution approving the 2004 Fiscal Year Pay and Classification Plan and providing for a general wage adjustment and merit increase. Resolution 2003-323 8) Approve Amendment #2 Contract #00-3173, in the amount of $757,110 for the design of a parking deck (P2) to Spillis Candela DMJM. The parking deck will be (5) stories containing 1,130 parking spaces. Located in the existing parking area east of the Courthouse F. COUNTY MANAGER 1) 2) 3) Recognize and appropriate Isles of Capri Fire Control District Protective Inspection Fee Revenue in the amount of $19,000 by approving the necessary budget amendment. Approval of an agreement between Collier County, Florida and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner DBA District Twenty Medical Examiner, Inc. to provide Medical Examiner Services for fiscal year 2004 at a cost of $780,700. Approve an agreement and adopt a resolution authorizing Collier County to accept $105,806 from the Florida Department of 20 September 23-24, 2003 4) Community Affairs for Emergency Management Program enhancement. Resolution 2003-324 (Agreement #04BG-04-09-21-01-011) Approval of a Budget Amendment Report- BA #03-565 in the amount of $17,600 for improvements at the Immokalee Airport; and BA #03-570 in the amount of $18,000 to cover personal services for the remainder of FY-03. G. AIRPORT AUTHORITY 1) Approve a budget amendment to reallocate amounts among appropriation categories in the Airport Authority Fund (495). BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala request for approval for payment to attend Leadership Collier Kick Off in Honor of the Class of 2004. To be held at the Naples Beach Hotel and Golf Club, located at 851 Gulf Shore Blvd. North on Thursday, September 11, 2003 -at a cost of $15.00 to interact with constituents 2) Commissioner Halas' request for approval for payment to attend NAACP Freedom Fund Banquet, serving a valid public purpose. In the amount of $55.00 to be held on October 25, 2003. To interact with constituents and support the NAACP 3) Commissioner Henning request for approval for payment to attend the United Way of Collier County Campaign 2003 Kick-Off. To be held at the Naples Beach Hotel and Golf Club, located at 851 Gulf Shore Blvd. North on Wednesday, October 1, 2003 (in the River of Grass Ballroom) -at a cost of $20.00 to show public support for the United Way Foundation and interact with community and other officials MISCELLANEOUS CORRESPONDENCE Jo 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 21 September 23-24, 2003 1) 2) 3) 4) To obtain approval for the early retirement of principal related to the Collier County Agricultural Fair and Exposition, Inc. Florida Local Government Pooled Commercial Paper Loan and the budget amendment required for payment. Loan will be paid down October 7, 2003 Approve a budget amendment to recognize Wireless 911 revenues in the amount of $97,000. Accept a Civil Traffic Infraction Hearing Officer Grant-in-Aid of $9,710 from the Office of the State Court Administrator and authorize Chairman to sign the amendment. Agreement is effective on the date of execution and will terminate on June 30, 2004 Approve a budget amendment transferring funds in the amount of $100,000 from General Fund Reserves to the paid in lieu of transfer account in the General Fund. Ke 5) Request to authorize the extension of the Tax Roll before completion of the Value Adjustment Board hearings pursuant to Section 197.323, FLA. STAT., and Tax Collector's request. For Tax Year 2003 COUNTY ATTORNEY 1) 2) Approve the Stipulated Final Judgment relative to the acquisition of Parcel 127 in the lawsuit styled Collier County v. Elhanon Combs, et a/, Golden Gate Parkway Project No. 60027. $8600.00 to be paid to Respondent, Constance M. Pinette, as personal representative of the Estate of Raoul L. Pinette, and $1200.00 to be paid to Peter B. Tiernan, Esquire for attorney fees Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 181 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al., Immokalee Road Project #60018. $8,404.00 to be paid to Respondent, Lee Davis, Trustee of the Decil C. Davis Family Trust, $892.00 to be paid to Kenneth A. Jones, Esquire for attorney fees, and $900.00 to be paid for appraisal fees 22 September 23-24, 2003 3) 4) 5) 6) 7) 8) 9) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 183 in the lawsuit styled Collier County v. Lazaro Herrera, et al., Immokalee Road Project #60018. $8404.00 to be paid to Respondents, Larry Valente and Consiglio N. Girurastante, $892.00 to be paid to Kenneth A. Jones, Esquire for attorney fees, and $900.00 to be paid for appraisal fees This item has been deleted. Approve the Stipulated Final Judgments relative to the fee taking of Parcel Nos. 195, 197, 198, 201,202, 208, 21 lA, 214 and 218 for the Immokalee Road Project (Project No. 60018). As detailed in the Executive Summary Approve the Stipulated Final Judgment relative to the fee simple interest acquisition of Parcel 185 in the lawsuit entitled Collier County v. Manuel Alvarez, et al., (Immokalee Phase 1 Project, Project No. 60018). $15,504.00 to be paid to the Respondents, Manuel Alvarez and Idayme Santos, $1420.32 to be paid to Ken Jones, Esquire for attorney fees, $900.00 for appraisal fees, and $700.00 for planning fees Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 186 in the lawsuit styled Collier County v. Manual Alvarez, et al., Immokalee Road Project 360018. $8404.00 to be paid to the Respondents, Frank Ruffolo and Jeanine F. Ruffolo, $892.00 to be paid to Kenneth A. Jones, Esquire for attorney fees, and $1400.00 to be paid for expert fees Recommendation that the Board of County Commissioners approve a Resolution approving the 2004 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase, and the Policies and Procedures Manual for the Office of the County Attorney. Resolution 2003-325 Continued from the September 9, 2003 BCC Agenda and is further continued per staff's request to the October 14~ 2003 BCC Meetinl~. That the Board of County Commissioners, as the 23 September 23-24, 2003 Goveming Body of Collier County and as Ex-Officio Goveming Board of the Isles of Capri Municipal Rescue and Fire Services Taxing District and the Ochopee Fire District enter into amended interlocal agreements with independent fire districts for the purpose of implementing the duties and obligations of the various dependent and independent fire districts with respect to fire plan review and fire code inspections for new construction, construction projects and existing structures within the various districts. 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. Ae Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2001-AR-955, William L. Hoover, of Hoover Planning & Development, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Wolf Creek PUD for a residential project for a maximum of 591 dwelling units on property located along Wolf Road, approximately ½ mile west of Collier Boulevard (C.R. 951) and 3/8 mile north of Vanderbilt Beach Road (C.R. 862) in Section 34, Township 48 South, Range 26 East, Collier County, Florida, consisting of 147.69 +/- acres. Ordinance 2003-45 w/stipulations This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4052, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 16th Avenue Northwest to Standing Oaks Lane, which street is located in Unit 97 of the Golden Gate Estates Subdivision, located 24 September 23-24, 2003 in Section 29, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-326 Ce This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4053, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 22nd Avenue Northwest to Hidden Oaks Lane, which street is located in Unit 97 of the Golden Gate Estates Subdivision in Section 29, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-327 De This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003~AR-4054, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 20th Avenue Northwest to Spanish Oaks Lane, which street is located in Unit 97 of the Golden Gates Estates Subdivision, located in Section 29, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-328 Continued Indefinitely E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4055, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. Fe This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4056, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 14th Avenue Northwest to Shady Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-329 Ge This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4057, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 18 th Avenue Northwest to Golden Oaks Lane, which street is located in Unit 97, of the Golden Gate Estates Subdivision, located 25 September 23-24, 2003 in Section 29, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-330 Ho This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-2003-AR-4065, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 24th Avenue Northwest to Autumn Oaks Lane, which street is located in Unit 97 of the Golden Gate Estates Subdivision, Section 29, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2003-331 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR- 3860, Richard Yovanovich of Goodlette, Coleman & Johnson and Wayne Arnold of Q. Grady Minor and Associates, representing Gateway Shoppes, LLC, requesting a rezone from "RFS-3" residential single family and the Henderson Creek "PUD" Planned Unit Development to a new "PUD" to be known as the Artesa Pointe PUD allowing 280 residential dwelling units of which 100 percent of the units will be for affordable housing; incorporating A 37-acre site that is intended to permit commercial uses totaling 325,000 square feet of gross leasable floor area for property located on the south side of the Tamiami Trail (U.S. 41) and the east side of Collier Boulevard (CR- 951) in Section 3, Township 51 South, Range 26 East, Collier County, Florida. Ordinance 2003-46 w/stipulations Moved to Item #8K J. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2944, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, P.A., and Richard Yovanovich of Goodlette, Coleman and Johnson, representing Royal Palm International Academy, requesting a rezone from "A" Rural Agricultural and "A-ST" Rural Agricultural/Special Treatment to "PUD" Planned Unit Development to be known as Royal Palm International Academy PUD for an Educational Campus and Residential Community consisting of up to 650 dwelling units for property located at 6000 Livingston Road, in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 162.7+/- acres. Ke This item was continued from the September 9~ 2003 BCC meeting. This item requires that all participants be sworn in and ex parte 26 September 23-24, 2003 disclosure be provided by Commission members. PUDZ-2003-AR-3151 Wayne Arnold and Richard Yovanovich representing Richard Santcrre requesting a rezone from C-3 and RMF-6 to "PUD" Planned Unit Development known as the Miller Square PUD. This project will consist of 19,000 square feet or less of retail and office commercial uses, located at thc 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. Ordinance 2003-47 Moved to Item #7B L. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3537, Nick Stewart of Stewart Mining Industries, requesting Conditional Use "1" for earthmining in the "A-MHO" Rural Agricultural - Mobile Home Overlay zoning district pursuant to Section 2.2.2.3 of the Collier County Land Development Code for property located in Sections 18 and 19, Township 46 South, Range 29 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2001-AR-956 Thomas E. Killen, representing Naples Elks Lodge 2010, requesting a rezone from PUD to PUD for the Radio Square PUD, adding medical office as a permitted use, amending the landscape requirements, and providing for shared parking, for property located on the southwest comer of Radio Road (CR 856) and Donna Street, in Section 1, Township 50 South, Range 25 East, collier County, Florida, consisting of approximately 9.4 acres. Ordinance 2003-48 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 27 September 23-24, 2003