Recap 02/10/2004 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
February 10, 2004
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
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. 2003-53, AS AMENDED, 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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February 10, 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
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A. Pastor Roy Shuck, Faith Community Church
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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January 7, 2004 - BCC/LDC Special
Approved as presented 5/0
C. January 13, 2004 - BCC Regular
Approved as presented 5/0
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January 21, 2004 - District 3 Town Hall Meeting
Approved as presented 5/0
SERVICE AWARDS
4. PROCLAMATIONS
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Proclamation to designate the week of February 22-28, 2004 as "Right-to-
Know Act." To be accepted by Dan Summers, Director of Collier County
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February 10, 2004
Emergency Management.
Adopted 5/0
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Proclamation to declare the month of February as Retinoblastoma
Awareness Month. To be accepted by Pam Bergsma.
Adopted 5/0
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Proclamation to designate the week of February 16-22, 2004 as "Collier
County Surveyors Week." To be accepted by David J. Hyatt, P.S.M.,
Project Manager, Wilson Miller.
Adopted 5/0
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Proclamation to designate February 14, 2004 as a day of love, marriage and
family. To be accepted by Buddy and Jane Kington.
Adopted 5/0
PRESENTATIONS
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Presentation of contribution from US Home Corporation to the Habitat for
Humanity of Collier County.
Presented
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Adopt-A-Road "Sponsors of the Year" Presentation.
Presented; If interested in sponsorship you may call 239-417-6320
PUBLIC PETITIONS
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Public Petition request by Mr. John F. Weir to discuss Heron Cove name
approval letter.
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-4583,
Beth Kosmerl and Smart Kaye representing Kaye Homes Inc., requesting
Conditional Use 9 of the Estates Zoning District to continue the existing
land use as a model home and sales center on 2.85+ acres located at 910 39th
Street SW, in Section 14, Township 49 south, Range 26 east, Collier
County, Florida.
Resolution 2004-48 Adopted w/Stipulations-5/0
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February 10, 2004
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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-4995,
Mr. Bob Duanc of Hole Montes Inc., representing Christ Community
Lutheran School, requests Conditional Use #10 of thc Rural Agricultural
District (A) Zoning District for the purpose of a private elementary/middle
school. The property to be considered for the conditional use is located at
14785 Collier Boulevard (CR 951), in Section 34, Township 48 south,
Range 26 east, Collier County, Florida. This property consists of 9.38 acres.
Resolution 2004-49 Adopted w/Stipulation-5/0
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2003-AR-4799,
Edward B. Hanf, representing American Dream Builders, Inc., requests
Conditional Use #9 of the Estates Zoning District for the purpose of a model
home sales center. The property to be considered for the conditional use is
located at 4050 13th Avenue SW being located at the southwest comer of
13th Avenue SW and Collier Boulevard (CR 951), which is Unit 26, Tract
119, Golden Gate Estates, in Section 15, Township 49 south, Range 26 east,
Collier County, Florida. This property consists of 5 acres.
Resolution 2004-50 Adopted-5/0
ADVERTISED PUBLIC HEARINGS
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Request the Board approve an Ordinance to prohibit fishing on designated
bridges within Collier County, which Ordinance also (1) directs the County
Manager to post appropriate signage; (2) authorizes the County Manager to
determine those other County bridges upon which fishing ought to be
prohibited; (3) provides for penalties for violation of the Ordinance; (4)
directs that the Ordinance be interpreted consisted with F.S. 316.1305,
fishing from state road bridges; (5) repeals and supersedes Resolution No.
2002-204, which established a fishing prohibition from Bridge No. 030210;
(6) provides for the inclusion in the Collier County Code of Laws and
Ordinances; and (7) provides for an effective date.
Motion to Deny Approved-4/1 (Commisioner Coyle opposed)
This item being continued indefinitely. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2002-AR-3411, Robert J. Mulhere, AICP,
of RWA, Inc., representing the applicants, Carl M. Nagel, Managing Partner
of CDN Properties LLC, and Thomas Craig, Craig Construction and
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February 1 O, 2004
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Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD"
Planned Unit Development for a project to be known as Nagel-Craig
Business Park PUD to allow a maximum of417,000 square feet of business
park land uses in buildings not to exceed 42 feet in height for 37.5+ acres of
property located on the west side of Collier Boulevard (CR-951)
approximately ¼ mile north of Vanderbilt Beach Road, in Section 34,
Township 48 south, Range 26 east, Collier County, Florida.
This item to be heard at 1:00 p.m. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2002-AR-3158, Robert J. Mulhere, AICP,
of RWA Inc., and Richard D. Yovanovich, Esquire, of Goodlette Coleman
and Johnson, representing Eco Venture Wiggins Pass Ltd., requesting to
rezone a 10.45 acre parcel from C-4 to a residential planned unit
development to be known as "Coconilla" PUD to allow for: A maximum of
95 residential units on +/- 10.02 acres of developable area for a resulting
density of 9.5 dwelling units per acre, specifically including a residential
tower at a building height not to exceed 21 stories over parking (maximum
of 225 feet above the required flood elevation and in accordance with the
provisions of Section 2.6.3.1 of the Collier County LDC), town home units,
and a marina basin with 52 boat slips and customary accessory uses,
including a publicly accessible ship's store and marine fueling station of
approximately 5000 square feet of commercial space; and a +/~ 0.80 acre
public use tract providing for additional public vehicle and boat trailer
parking to provide: support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons to allow
for safe egress via a protected northbound turning movement at existing
traffic signal at Wiggins Pass Road and Vanderbilt Drive for property
located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road
in Section 17, Township 48 south, Range 25 east.
Denied-3/2 (Commissioners Henning and Halas opposed)
This item to be heard at 11:00 a.m. Adoption of an ordinance amending
Chapter 74 of the Collier County Code of Law and Ordinances, as amended
by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee
Ordinance, as amended) providing for the adoption of a General
Government Building Impact Fee with a delayed effective date of March 1,
2004.
To be brought back at a future BCC meeting Approved-5/0
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February 10, 2004
9. BOARD OF COUNTY COMMISSIONERS
10.
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Appointment of member to the Collier County Code Enforcement Board.
Resolution 2004-51 Adopted-5/0 Appointing Robert E. Dowling
Appointment of members to the Parks and Recreation Advisory Board.
Resolution 2004- 52 Adopted-5/0 Re-appointing John Macdougall John
Ribes
Appointment of member to the Immokalee Beautification MSTU Advisory
Committee.
Resolution 2004-53 Adopted-5/0 Appointing Bernardo Barnhart
Appointment of member to the Revenue Commission.
Resolution 2004-54 Adopted-5/0 Appointing Mark Grassar
Discussion regarding agenda protocol. (Commissioner Henning)
Motion for County Attorney to reread and clarify motion being
presented- Approved 5/0
Appointment of member to the Collier County Coastal Advisory Committee
Resolution 2004-55 Adopted-5/0 Reappointing Ronald M. Pennington
COUNTY MANAGER'S REPORT
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Award Bid #04-3617 for evacuation shelter supplies and equipment to Pro-
Pac Inc., and approve a budget amendment in the amount of $250,000. (Dan
Summers, Director, Emergency Management)
Approved 5/0
Approve Change Order # 10, Amendment Four, Contract #98-2829, in the
amount of $4,635,152 for the construction of the third floor build-out and
the chiller plant expansion of the Naples Jail Addition to Kraft Construction.
(Len Price, Administrator, Administrative Services)
Approved 5/0
For the Board of County Commissioners to consider a request from the
Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to parmer
with them in the development of a master plan at a cost of one-half of the
total cost of the master plan at an amount not to exceed $40,000. (Norman
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February 10, 2004
Feder, Administrator, Transportation Services)
Motion to continue to 2/24/04 BCC Meeting Approved-5/0
Continued Indefinitely
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To review a request to forgive a loan payment from the Collier County Fair
Board in the amount of $38,687. (John Dunnuck, Administrator, Public
Services).
Moved from Item #16E3
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Approve resolution to amend County purchasing policy regarding the
retention of expert witnesses and consultants to aid in on-going litigation
Resolution 2004-56 Adopted w/Changes-5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
Added
A.
This item to be heard immediately following 8D: Approval of Interlocal
Agreement for Election Services for the City of Naples special election
February 17, 2004.
Approved-5/0
14. AIRPORT AUTHORITY
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Approve a resolution terminating for convenience a grant to the Airport
Authority from the Economic Development Administration for
improvements to the Immokalee Airport Infrastructure (Project 33327 in
Fund 496).
Resolution 2004-57 Adopted-5/0
Approve Budget Amendment recognizing award of Federal Aviation
Administration Grants, eliminating a previously approved project, and
returning net adjustment to General Fund.
Approved 5/0
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February 10,2004
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.
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
2)
3)
4)
A Resolution by the Board of County Commissioners of Collier
County, Florida, authorizing acceptance of the Fiscal Year 2003-2004
State of Florida Office on Homelessness Challenge Grant Award,
approving execution of Challenge Grant Award, approving execution
of Challenge Grant Sub-Recipient Agreement(s) by the County
Manager or the Community Development and Environmental
Services (CDES) Division Administrator, authorizing acceptance of
the Grant Agreement from the Department of Children and Families,
and providing for an effective date.
Resolution 2004-36
Approve a budget amendment recognizing the Fiscal Year 2003-2004
State Challenge Grant Award in the amount of $82,500 to be passed
through 100% to the Collier County Hunger and Homeless Coalition.
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
Two." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-37 w/release of maintenance security
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indigo Lakes Unit
Four." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-38 w/release of maintenance security
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February 10, 2004
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5)
6)
7)
8)
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Naples Lakes
Country Club Unit Two." The roadway and drainage improvements
will be privately maintained, the water and sewer improvements will
be maintained by Collier County.
Resolution 2004-39 w/release of maintenance security
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of"Brynwood
Preserve." The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-40 w/release of maintenance security
Request to approve for recording the final plat of "Fiddler's Creek
Phase 3, Unit Two," and approval of the Standard Form Construction
and Maintenance Agreement and approval of the amount of the
Performance Security.
Petition AVESMT2002-AR3244 to disclaim, renounce and vacate the
County's and the Public's interest in all of the conservation easement
conveyed to Collier County by separate instrument and recorded in
Official Record Book 1947, Pages 429 through 436, Public Records of
Collier County, Florida, and to accept a relocation conservation
easement, located in Section 17, Township 51 south, Range 27 east.
Resolution 2004-41
TRANSPORTATION SERVICES
1)
2)
Board to waive the recovery of relocation expenses of $6666.67,
resulting from the negotiated resignation of Mr. Michael A.
Etelamaki, P.E., releasing any right the County may have in
reclaiming said relocation expenses, finding that payment of
relocation expenses, in this case, is in the best interest of the County.
Approve the purchase of 3.185 acres of land of which .771 acres are
required for road right-of-way and drainage easements for the
Vanderbilt Beach Road Expansion Project. Project No. 63051 (fiscal
impact $336,300.00).
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February 10, 2004
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3)
4)
5)
6)
7)
8)
Board approval of Adopt-A-Road Program agreements at the Board of
County Commissioners Meeting on February 10, 2004.
-w/South Naples Communities
Approve the Interlocal Agreement between Collier County and the
City of Naples to implement construction inspection and protection
procedures during the Golden Gate Parkway Construction Project for
the City's 36-inch water main supplying drinking water to over 80%
of the City's residents. (Project No. 60027.)
Approve selection committee ranking of firms for contract
negotiations for RFP 04-3588 "Fixed Term Material Testing Services"
(estimated dollar amount of contract not to exceed $500,000 annually
per firm).
-as detailed in the Executive Summary
Request the Board approve a resolution approving a local agency
program agreement with the State of Florida Department of
Transportation, for the design and construction of sidewalks and
bicycle lanes in Everglades City, and authorizing its execution
($208,180).
Resolution 2004-42
Approve a resolution to allow the Chairman of the Board of County
Commissioners to enter into a Local Agency Agreement (LAP) with
the Florida Department of Transportation (FDOT) to provide for
roadway lighting along US 41-North Tamiami Trail from Myrtle
Road to Pine Ridge Road at a cost of approximately $400,000.
Resolution 2004-43
Approve a request from the Collier County Metropolitan Planning
Organization to contribute $300 to the Florida Metropolitan Planning
Organization Advisory Council for Legislative Advocacy Activities,
fiscal impact $300.
PUBLIC UTILITIES
1)
Approval of an interlocal agreement between the City of Marco Island
and Collier County, Florida for provision by the City for wastewater
collection and treatment services to the Calusa Island Village
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February 10, 2004
2)
3)
Development.
Recommendation to increase Contract #02-3319 for SCWRF berm
maintenance to J. P.'s Lawn Care, Inc., to the approximate annual
amount of $50,160.
Approve right-of-way consent agreement and associated
memorandum with Florida Power and Light Company permitting the
construction of raw water transmission mains and associated electrical
lines within Florida Power and Light Company power-line right-of-
way between the South County Regional Water Treatment Plant
(SCRWTP) and Rattlesnake Hammock Road (SCRWTP Wellfield
Expansion, Project Number 70892). Transaction cost should not
exceed $50.00.
D. PUBLIC SERVICES
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1)
Approve a budget amendment recognizing $1520 in revenue from
private contributions, and appropriating funds for the purchase of
sailboats for the Collier County Sailing Center.
ADMINISTRATIVE SERVICES
1)
2)
Amend County purchasing policy to establish a comprehensive
vendor debarment and suspension policy.
Resolution 2004-44
Report and ratify staff approved change orders and changes to work
orders to Board approved contracts.
Report covers period beginning on or about January 2, 2004
through January 28, 2004.
Moved to Item #10E
3)
Approve resolution to amend County purchasing policy regarding the
retention of expert witnesses and consultants to aid in on-going
litigation.
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February 10, 2004
4)
Recommendation to accept staff's short list for architectural services
for the new Sheriff's Special Operations Facility ITN #03-3550.
-as detailed in the Executive Summary
COUNTY MANAGER
Continued to 2/24/2004 BCC Meeting
1)
Recommendation to award Bid No. 04-3604, a power catamaran boat
in the amount of $43,713.50 to Twin Vee, Inc.
Fire/Rescue Boat for the Ochopee Fire Control District for the
proper fire protection of Club Everglades.
2)
Approval of a Budget Amendment Report - BA#04-121 in the
amount of $3,626 to outfit new donated fireboat with a pump for
firefighting purposes.
3)
Board approval of distribution of the Five Cents and Six Cents Local
Option Gas Taxes based on the actual transportation expenses
incurred during the period from FY98 through FY02.
Resolution 2004-45
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
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1) Miscellaneous items to file 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, W. Harmon Turner Building, 3301 East Tamiami
Trail, 2nd Floor, Naples, FL.
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February 10, 2004
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2)
Report covers time period from December 27, 2003 through
January 30, 2004
To accept the background information provided to the Clerk of the
Circuit Court for a fortuneteller permit and to provide the permit as
submitted by the County Manager's Office.
Fortune Teller Permit 2004-01
COUNTY ATTORNEY
1)
2)
3)
4)
5)
Approve agreed orders and authorize payment of planning fees for
Parcels 195, 197, 218, 181,184, 198, 201,202, 21 lA, 214, 174, 170
and 172 in the Immokalee Road Project (Wilson to Collier Boulevard
#60018).
Payment of $12,500.00 to Roetzel & Andress Trust on behalf of
the property owners for planning fees of Morris-DePew
Associates, Inc.
Approve agreed orders and authorize the payment of appraisal fees in
the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No.
02-2159-CA (Immokalee Road Project #60018).
Payment of $4,500.00 to Roetzel & Andress Trust Account on
behalf of the property owner for planning fees.
Approve agreed order and authorize the payment of planning fees in
the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No.
02-2211-CA (Immokalee Road Project #60018).
Payment of $1559.00 to Roetzel & Andress Trust Account on
behalf of the property owner for planning fees.
Request by the Collier County Educational Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance educational facilities for International
College and to refund currently outstanding bonds previously issued
by the Authority.
Resolution 2004-46
Approve the stipulated final judgment relative to the acquisition of
Parcel 117 in the lawsuit styled Collier County v. The Orchards
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February 10, 2004
Community Assoc., Inc., et al, Case No. 02-1635-CA (Livingston
Road Project #62071).
Direct staff to pay $21,700.00 to Respondent, Zorn Vanderbilt,
Ltd.
17.
SUMMARY AGENDA - TItIS 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.
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This item continued from the January 27~ 2004 BCC meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition AVPLAT2003-AR5000 to
disclaim, renounce and vacate the County's and the Public's interest in a
portion of the drainage easement located on Tract "F", according to the plat
of"Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53
through 54, Public Records of Collier County, Florida, located in Section 5,
Township 49 south, Range 26 east.
Resolution 2004-47
Be
Request Board to repeal Collier County Ordinance No. 2001-76, as
amended, which created the Livingston Road Phase II Beautification
Municipal Service Taxing Unit (M.S.T.U.).
Ordinance 2004-07
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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February 10, 2004