Recap 01/13/2004 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
January 13, 2004
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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January 13, 2004
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
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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 - 5/0
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December 2, 2003 - BCC Regular Meeting
Approved as presented - 5/0
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December 9, 2003 - BCC/Tourist Development Council Workshop
Approved as presented - 5/0
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December 10, 2003 - BCC/Land Development Code Meeting
Approved as presented - 5/0
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December 16, 2003 - BCC Regular Meeting
Approved as presented - 5/0
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December 19, 2003 - BCC/AUIR Workshop
Approved as presented - 5/0
3. SERVICE AWARDS
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January 13, 2004
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PROCLAMATIONS
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Proclamation to designate the week of January 18-24, 2004 as Purple Martin
Week. To be accepted by Jerry Glasson, President of the Purple Martin
Society of Collier County.
Adopted - 5/0
Proclamation to designate the week of January 25-31, 2004 as Catholic
Schools Week in Collier County. To be accepted by Miss Paula Lombardo,
Principal, St. Elizabeth Seton Catholic School.
Adopted - 5/0
PRESENTATIONS
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SELECTION OF CHAIRMAN AND VICE CHAIRMAN
Commissioner Fiala selected as Chairman and Commissioner Coyle
selected as Vice-Chairman - 5/0
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Presentation of Distinguished Flying Cross to Charles Bishop by Senator
Burt L. Saunders.
Presented
PUBLIC PETITIONS
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Public Petition request by Mr. Richard Lydon to discuss Master Plan for
Vanderbilt Beach Beautification M.S.T.U.
To be placed on 2/10/04 Regular Agenda
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. Petition number VA-
2003-AR-4768, for an 1.8 foot after-the-fact variance from the required 7.5
feet and 5.7 feet for the existing shed on the north side of the property and a
7.3 foot after-the-fact variance from the side yard setback requirement of 7.5
feet to 0.2 feet for the existing pool and screen enclosure on the south side of
the property in the "MH-ACSC/ST" mobile home zoning district with an
area of critical state concern/special treatment zoning overlay, on property
hereinafter described in Collier County, Florida.
Resolution 2004-08 Adopted 4/0 (Commissioner Coyle out)
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January 13, 2004
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This item continued from the December 2, 2003 BCC Meeting. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. CU-2003-AR-4524, James B.
Mall,ss, AICP, of Wireless Planning Services, LLC, representing Pinnacle
Towers Inc., requests Conditional Use # 13 of the "A" Rural Agricultural
Zoning District for the purpose of a 700-foot guyed communications tower
per Section 2.6.35 of the Collier County Land Development Code. The
property to be considered for the conditional use is located in Section 3,
Township 51 south, Range 26 east, Collier County, Florida. This property
consists of 14.55+ acres.
Motion to Deny - Approved 5/0
This item requires that all oarticipants be sworn in and ex parte.
disclosure be provided by Commission members. YA-2003-AR-4525
for: A variance of 690 feet from the minimum separation requirement from
residential zoning of 1,750 feet to 1,060 feet; a variance of 450 feet from the
required maximum height limitation of 250 feet to 700 feet for towers in an
agricultural side yard setback to 24 feet for a single guy anchor point in an
agricultural zoning district on property hereinafter described in Collier
County, Florida.
Motion to Deny - Approved 5/0
ADVERTISED PUBLIC HEARINGS
BOARD OF COUNTY COMMISSIONERS
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Appointment of members to the Library Advisory Board.
Resolution 2004-09 Appointing Loretta Murray and Andrew H. Reiss -
Adopted 5/0
Appointment of members to the County Government Productivity
Committee.
Resolution 2004-10 Appointing Helen C. Philbin and Re-appointing
Janet Vasey, Dexter R. Groose, and Joseph B. Swaja
- Adopted 5/0
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Appointment of members to the Citizens Advisory Task Force.
Resolution 2004-11 Re-appointing Ellen Christian Myers, William J.
McCarthy, and David M. Corban - Adopted 5/0
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January13,2004
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Appointment of members to the Code Enforcement Board.
Resolution 2004-12 Re-appointing Roberta Dusek and Clifford Flegal,
Jr. Adopted 5/0
Appointment of members to the Radio Road Beautification MSTU Advisory
Committee.
Resolution 2004-13 Appointing Betty R. Schudel and Re-appointing
Dale L. Lewis - Adopted 5/0
This item to be heard at 10:30 a.m. Intent to motion to obtain Board
reconsideration on usage of Federal Aviation Grants. (Commissioner
Henning)
Motion to reconsider - Adopted 5/0
COUNTY MANAGER'S REPORT
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This item to be heard at 11:00 a.m. Discussion of access to Eatonwood
Lane and Livingston Road from the ttiwasse Property, located at the
northwest comer of Livingston Road and Eatonwood Lane, east of
Kensington Park PUD, in Section 13, Township 49 south, Range 25 east.
(Joseph K. Schmitt, Administrator, Community Development)
Staff to initiate a comprehensive plan amendment to remove the
requirement that Eatonwood Lane be used by Hiwasse property and an
agreement be reached within 15 business days. All associated costs to
come from the General Fund. - Approved 5/0; Motion on agreement of
previous motion clarification - Approved 5/0
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This item to be heard immediately following 10E._ Receive an update and
provide input for the County Road 951 Project Development and
Environment (PD&E) Study, from Immokalee Road to Alico Road in Collier
and Lee Counties. (Norman Feder, Administrator, Transportation Services)
Consensus
Alternative road impact fee calculation for Shelton Jaguar/Land Rover
dealership replacement facility. (Norman Feder, Administrator,
Transportation Services)
Motion to Continue - Approved 5/0
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Adopt a resolution authorizing the acquisition by condemnation, if
necessary, of perpetual, non-exclusive road right-of-way, drainage and/or
utility easements, which will be required for the construction of roadway,
drainage and utility improvements for the Golden Gate Parkway/Airport-
Pulling road Grade Separated Overpass Project (Project No. 60006). Fiscal
impact: $4,500,000.00. (Norman Feder, Administrator, Transportation
Services)
Resolution 2004-14 Adopted w/Stipulations- 5/0
Continued
E.
This item to be heard at 1:00 p.m. Authorize the expenditure of budgeted
funds for the development of Best t~'riend Park. (John Dunnuck,
Administrator, Public Services)
Continued to January 27, 2004
F. To approve the purchase of a 50-acre parcel of land located in the northeast
quadrant of the intersection of Goodlette-Frank Road and Golden Gate
Parkway for the purpose of providing for drainage improvements,
transportation improvements and environmental protection. (Fiscal impact:
Up to $20,000,000)
Moved from Item #16C6
G. Approve a Tourist Development Category "A" Beach
Renourishment/Maintenance Grant Application, a Budget Amendment, and
an Engineering Services Work Order to seek modification to the Florida
Department of Environmental Protection Permit for maintenance dredging
of Wiggins Pass, Project 90522, in the amount of $15,000.
Motion to Approve- 5/0
Moved from Item #16E4
H. Approval of a resolution granting limited settlement authority to the Risk
Management Director under the County's Property, Casualty, and Workers'
Compensation Insurance Programs
Resolution 2004-15 - Adopted w/Stipulations 5/0
Moved from Item #16C2
I. Approve a Budget Amendment from Solid Waste Operations to Solid Waste
Capital Projects to design four recycling and hazardous waste collection
centers, Project 59003, in the amount of $375,500.
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January 13, 2004
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Approved- 5/0
PUBLIC COMMENTS ON GENERAL TOPICS
Dr. Seiwyn Mills & Dr. Amber Rose Mills representing Living Love in Action,
Inc. supporting a proposal to make Naples the "Romance Capital of
Florida". The Board of County Commissioners will present a Proclamation in
support of Valentines Day festivities at a future meeting.
COUNTY ATTORNEY'S REPORT
Added
A.
Recommendation that the Board consider and reject Aquaport
Plantiffs'attempt to alter terms of the settlement agreement between
Aquaport Plantiffs and individual Commissioner defendants after the fact, at
least to the extent County funds are at issue. (staff request)
Recommendation to approve staff's request - Approved 5/0
13.
OTHER CONSTITUTIONAL OFFICERS
14.
15.
AIRPORT AUTHORITY
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Two day meeting in March
B. Collier County Airports correspondence
C. Season irrigation restriction reminder
D. Lely South Sewer construction
E. Commissioner Henning's 2003 highlights of BCC
F. Mercantile/Arnold Industrial area
G. Immokalee Airport
H. Congratulations to Commissioner Henning as Chairman for the past year.
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
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January 13, 2004
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COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Withdrawn
1)
2)
3)
4)
5)
6)
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Habitat Village",
the roadway and drainage improvements will be privately maintained,
the water and sewer improvements will be maintained by Collier
County.
BOARD OF COUNTY COMMISSIONERS ACTING AS THE
COMMUNITY REDEVELOPMENT AGENCY. To approve the
change of the designated payee for previously approved out of pocket
expenditures related to the Bayshore Christmas Walk Art Festival.
Designated payee changed from Nancy Hannigan to Donna Fiala.
$2,000 was previously designated from fund 187.
Petition AVESMT2003-AR4693 to vacate, renounce and disclaim the
easement for public road right of way recorded by separate instrument
in the Public Records of Collier County, Florida. Located in Section
35, Township 48 south, Range 26 east, Collier County, Florida.
Resolution 2004-01
Petition CARNY-2003-AR-5175, John Yonkosky, Treasurer, Collier
County Fair and Exposition, Inc,. requesting a permit to conduct a fair
from January 30 through February 8, 2004, at the Collier County Fair
Grounds on Immokalee Road (CR 846), North Golden Gate Estates.
CP 2004-01
Request to approve for recording the final plat of"Sabal Bay
Commercial Plat Phase Two" and approval of the Standard Form
Construction and Maintenance Agreement and approval of the amount
of the Performance Security. Project cost of $826,457,15 (estimated)
to be borne by the developer.
Request to approve for recording the final plat of"Delasol Phase
Three", 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. Project cost of $632,286.67 (estimated) to be borne by the
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January13,2004
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developer.
TRANSPORTATION SERVICES
1) Recommendation to award Bid No. 04-3591 - "Furnish and Deliver
Five (5) Crew Cab Flat Bed Dump Trucks" to Wallace International
in the amount of $279,950.
2) Approve the transfer by deed of a portion of property owned by the
Collier County Water-Sewer District ("District") to Collier County, a
political subdivision of the State of Florida ("County"), and approve
reimbursement to district in an amount equal to the pro-rated purchase
price paid for the property by district for the construction of a six-lane
section of Vanderbilt Beach Road (Project No. 63051). Estimated
fiscal impact: $12,381.
3) Adopt a resolution authorizing the acquisition by gift or purchase of
perpetual, non-exclusive road right-of-way, drainage and utility
easements, and temporary construction easements, which will be
required for the installation of signal system mast arm assemblies and
control boxes at intersections at SR 29 and Immokalee Drive, at SR
29 and 1 st Street in Immokalee, and at the intersection of Golden Gate
Parkway and Tropicana Boulevard. Estimated fiscal impact: $5,100.
Resolution 2004-02
4)
Approve modification to correct a Scrivener's Error to Contract
Amendment No. 1 with Apac-Southeast, Inc., regarding Immokalee
Road Improvement Project; Project No. 60018 (no fiscal impact).
5)
6)
Approve selection committee ranking of firms for contract
negotiations for RFP #04-3587 "Engineering and Design Services for
Roadway and Capacity Improvements to County Barn Road from
County Road 864 to State Road 84", County Project No. 60101.
American Consulting Engineers of Florida, LLC, Pitman-
Hartenstein and Associates, Inc. and URS Corporation
Approve Work Order Amendment No. 1 for a decrease of $33,924 to
the contract for consulting engineering and inspection services by
KCCS for the Davis Boulevard and Collier Boulevard Intersection
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January 13, 2004
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Improvements, Project No. 60170.
PUBLIC UTILITIES
1) Approve two easements to be deeded to Florida Power and Light
Company to provide new electric power service to the North County
Water Reclamation Facility, Projects 739501 and 739502, at no cost.
Moved to Item #10I
2) Approve a Budget Amendment from Solid Waste Operations to Solid
Waste Capital Projects to design four recycling and hazardous waste
collection centers, Project 59003, in the amount of $375,500.
4)
5)
3)
Approve a work order, under Contract #01-3271, Fixed Term
Professional Engineering Services, for Coastal Zone Management
Projects, with Taylor Engineering for Caxambas Pass dredging and
South Marco Island beach renourishment, Project 90500, in an
amount not to exceed $206,000.
Authorization to participate in a demonstration project with the
National Biosolids Partnership and approve a Letter of Understanding
between the Collier County Wastewater Department and the National
Biosolids Parmership at no cost to the county.
Approve Work Order ME-FT-04-02 with Metcalf and Eddy for
professional engineering services for the North County Regional
Water Treatment Plant Emergency Generator Switchgear Upgrades
Project, Contract 00-3119, in the amount of $247,438, Project 70069.
Moved to Item # 10G
6) Approve a Tourist Development Category "A" Beach
Renourishment/Maintenance Grant Application, a Budget
Amendment, and an Engineering Services Work Order to seek
modification to the Florida Department of Environmental Protection
Permit for maintenance dredging of Wiggins Pass, Project 90522, in
the amount of $15,000.
7) Adopt a resolution approving a policy governing the sale of reclaimed
water to the Unincorporated Area of Collier County.
Resolution 2004-03
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January 13, 2004
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PUBLIC SERVICES
1)
Approve an amendment to an agreement with Stock Development,
LLC, for the installation of upgraded sports field lighting at Eagle
Lakes Community Park at no cost to Collier County.
2)
Approve Work Order #SC-02-57, Contract 02-3349, in the amount of
$77,247 to Surety Construction, General Contractors, for the
construction of a screen porch addition at the Marco Island Library.
ADMINISTRATIVE SERVICES
1)
Report to the Board of County Commissioners concerning the sale
and transfer of items associated with the County Surplus Auction of
December 13, 2003, resulting in $9,482.90 in net revenues.
2)
Recommendation to award RFP No. 03-3568, County-Wide Exotic
Vegetation Removal (estimated value $500,000.00).
-to Earth Balance, DeAngelo Bros., Aquatic Weed Control,
NaturChem, and Floraquatics
3)
Approve and authorize the execution of a temporary lease agreement
with Sarasota County and pay for office services not to exceed
$3,000. The office space will be occupied for a two-month period by
the Special Prosecutor of the State Attorney's Office during the
proceedings of State of Florida v. John Calhoun Norris and Robert
Paul Hardy in Sarasota County, Florida.
Moved to Item #10H
4) Approval of a resolution granting limited settlement authority to the
Risk Management Director under the County's Property, Casualty,
and Workers' Compensation Insurance Programs.
5)
Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
-Period beginning on or about December 1, 2003 through
December 31, 2003
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7)
Authorization to add two position classification titles to the Fiscal
Year 04 Pay and Classification Plan. This internal reorganization will
save the County an estimated $75,947.00.
Award a contract to Schenkel and Shultz, Inc., for architectural
services for the Naples Jail Center, revised Contract Number 98-2867-
2004, in the amount not to exceed $845,510.00.
COUNTY MANAGER
1) Approval of Budget Amendment Report - BA #04-080 in the amount
of $8,415 for unanticipated renovation expenses for the main house at
Robert's Ranch.
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
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, Collier County Government Center, 2nd Floor, W.
Harmon Turner Building, Naples, FL.
-For the period December 6, 2003 through December 26, 2003
COUNTY ATTORNEY
1)
Authorize the payment of planning fees in the Lawsuit styled Collier
County v. G JR of Naples Inc., et al, Case No. 02-2212-CA
(Immokalee Road Project #60018).
-Payment of $923.39 to Goodlette, Coleman & Johnson Trust
Account on behalf of the property owner
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January13,2004
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2) Approve the agreed order awarding attorney fees relative to the
easement acquisitions of Parcels 114, 115 and 116 in the lawsuit
styled Collier County v. Centex Homes, et al, Case No. 02-1602-CA
(Goodlette-Frank Road Project No. 60134.
-Payment of $3000.00 to Michael R. Whitt, Esquire
3) Approve the Mediated Settlement Agreement and a Stipulated Final
Judgment to be drafted incorporating the same terms and conditions as
the Mediated Settlement Agreement relative to the acquisition of
Parcel 129 in the lawsuit styled Collier County v. James R. Colosimo,
Trustee, et al, Case No. 00-0138-CA (Pine Ridge Road, Project No.
60111).
-As detailed in the Executive Summary
SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS pRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
A. Petition RZ-2003-AR-4080, Hibiscus Church, requesting a rezone from
"GC" Golf Course to "CF" Community Facility for a church for property
located at the intersection of Rattlesnake Hammock Road and Doral Circle,
in Section 19, Township 50 south, Range 26 east, Collier County, Florida.
Ordinance 2004-02
B. This item re uires that all artici ants be sworn in and ex arte
disclosure be rovided b Commission members. CUR-2003-AR-3776
request by William L. McDaniel for a conditional use re-review of CU-98-
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January 13, 2004
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12 for property located at 4125 Oil Well Road (CR 858), further described
as Section 16, Township 48 south, Range 28 east, Collier County, Florida.
Resolution 2004-04
disclosure be rovided b Commission members. Petition
AVPLAT2003-AR4700 to disclaim, renounce and vacate the county's and
the public' s interest in a portion of the 15 foot wide county utility easement
located in Tract "D", according to the plat of"Riverchase Shopping Center"
as recorded in Plat Book 18, Pages 19 through 20, Public Records of Collier
County, Florida. Located in Section 22, Township 48 south, Range 25 east.
Resolution 2004-05
A Resolution by the Board of County Commissioners of Collier County,
Florida, requesting the Department of Community Affairs (DCA) to extend
the termination date of the County's CDBG Award Agreement for a
Community Development Block Grant under the Economic Development
category that provided for a portion of the construction of the Manufacturing
Facility II at the Immokalee Regional Airport Industrial Park.
Resolution 2004-06
disclosure be rovided b Commission members. PE-2003-AR-4261,
Doug Schroeder, Executive Director of the Cocohatchee Nature Center,
requesting a parking exemption to allow off-site parking via a shared
parking agreement, pursuant to LDC §2.3.4.1.2.C., between the Cocohatchee
Nature Center and the Pewter Mug. Access between the properties will be
via a proposed pedestrian walkway under the U.S. 41 Bridge over the
Cocohatchee River. The Cocohatchee Nature Center is located at 12345
Tamiami Trail North, in Section 21, Township 48 south, Range 25 east,
Collier County, Florida.
Resolution 2004-07
18. ADJOURN
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
January 15, 2004