Recap 03/09-10/2004 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March 9-10, 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.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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March 9-10, 2004
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.
Commissioners will be attending the Know Your County Government Teen Citizenship
Luncheon from 12:15 to l:lS p. m. located at the East Naples Methodist Church
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Tim Navin, St. Peter the Apostle Catholic Church
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
February 10, 2004- BCC Regular
Approved as presented - 5/0
February 11, 2004 - BCC/LDC Meeting
Approved as presented - 5/0
February 17, 2004 - Tri-County Meeting
Approved as presented - 5/0
February 18, 2004 - BCC/District 2 Town Hall Meeting
Approved as presented - 5/0
February 25, 2004 - BCC/Everglades City Workshop
Approved as presented - 5/0
SERVICE AWARDS
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March 9-10, 2004
4. PROCLAMATIONS
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Proclamation to recognize the Week of March 7-13, 2004 as Know Your
County Government Week. To be accepted by Cody Martin, Student at
Naples High School and Jose Nunez, Student at St. John Neumann.
Adopted 5/0
Proclamation to designate the week of March 8-13, 2004 as Habitat for
Humanity's Build a Better Future Week. To be accepted by Dr. and Mrs.
Sam Durso.
Adopted 5/0
Proclamation to recognize the month of March 2004 as Invasive Exotic's
Control Week. To be accepted by Melissa Hennig, Environmental Specialist
for Collier County.
Adopted 5/0
Proclamation to honor the County's achievement, the 500th AED from EMS
to be dedicated to the W. Harmon Turner Building in the Collier County
Government Complex, the symbolic location of where the program began.
To be accepted by Noemi Diaz, Captain of Emergency Medical Services for
Collier County.
Adopted 5/0
PRESENTATIONS
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
This item to be heard at 9:00 a.m. on March 10, 2004. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. ADA-2004-AR-5218 Pelican Bay
Foundation Inc., represented by Robert D. Pritt of Roetzel and Andress,
requesting an appeal to official interpretation INTP-2003-AR-4307 relating
to the approval of SDPA-2001-AR-412 for the Cap D'Antibes
Condominium Project, Waterpark Place, within the Pelican Bay DRI/PUD.
This appeal is pursuant to Collier County Land Development Code (LDC)
Section 1.6.6.
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March 9-10, 2004
Motion to Deny- 2/2 (Commissioners Halas & Coyle opposed and
Commissioner Fiala absent)
Motion to Approve- 2/2 (Commissioner Henning and Coletta opposed
and Commissioner Fiala absent)
This item to be heard after Item 7A on March 10T 2004. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. ADA-2003-AR-4933, Michael J.
Volpe of Robins, Kaplan, Miller and Ciresi, LLP, representing Pelican Bay
Property Owners Association, requesting an appeal to official interpretation
INTP-2003-AR-4306 relative to the approval of SDPA-2001-AR-412,
Waterpark Place at Pelican Bay
Dissmissed 4/1 (Commissioner Halas opposed)
ADVERTISED PUBLIC HEARINGS
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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 April 1, 2004.
Ordinance 2004-16 Adopted 3/2 on a graduated basis of three years
(75% first year, 85% second year, and 100% thereafter) and to include
indexing (Commissioners Henning and Coyle opposed)
Moved from Item #17B
Be
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-03-
AR-4528, Robert Duane of Hole Montes, Inc., representing Kevin Ratterree
of GLH Development, L.L.L.P., requesting a rezone from "PUD" to a
"PUD" Planned Unit Development to be known as the Terafina PUD. The
purpose is to eliminate the golf course tracts, reconfigure the land use tracts,
updating the Transportation commitments, revise the development standards
and to provide for well fields and additional landscaping for property located
approximately one mile north of Immokalee Road (C.R. 846) and on the
north side of the Olde Cypress PUD in Section 16, Township 48S, Range
26E and consisting of 637 acres.
Ordinance 2004-15 Adopted 5/0 w/stipulations
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March 9-10, 2004
9. BOARD OF COUNTY COMMISSIONERS
10.
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Appointment of members to the Collier County Coastal Advisory
Committee.
Resolution 2004-69 appointing Graham Ginsberg-Adopted (3/2)
(Commissioners Coyle and Fiala opposed ) and John Sorey III- Adopted
(S/0)
Appointment of member to the Tourist Development Council.
Resolution 2004-70 Adopted 5/0 appointing John F. Sorey
Discussion regarding FPL Preferred Transmission Line Alignment.
(Commissioner Fiala and Joe Schmitt)
Staff to prepare a Resolution to be brought back on the March 23, 2004
Agenda- Approved 4/1 (Commissioner Coletta opposed)
Discussion regarding FEMA Update. (Commissioner Coletta)
Approved Staff recommendations- 5/0
Discussion regarding Aquaculture Use Zone in Collier County.
(Commissioner Coletta)
Direct chair to write letter expressing Board's recommendation of
Alternative One.
Item continued from the February 24, 2004 BCC Meeting and is further
continued to the March 23, 2004 BCC Meeting. Approve a Resolution
supporting the preservation of the State Transportation Trust Fund.
(Norman Feder, Transportation Services Administrator)
COUNTY MANAGER'S REPORT
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This item to be heard at 1:30 p.m. Review the written and oral reports of
the advisory boards and committees scheduled for review in 2004 in
accordance with Ordinance No. 2001-55, including the Citizens Advisory
Task Force, Collier County Code Enforcement Board, Contractors Licensing
Board, Golden Gate Parkway Beautification Advisory Committee,
Immokalee Beautification Advisory Committee, Isles of Capri Fire Control
District Advisory Board, Parks and Recreation Advisory Board, and Collier
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March 9-10, 2004
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Added
D.
County Water and Wastewater (Utility) Authority. (Winona Stone,
Assistant to the County Manager)
Presented; consolidate ordinances under CEB to one; chairmen to write
letters to each chairperson of listed advisory board
Approve a three-year collective bargaining agreement with the International
Association of Firefighters Local 1826 (Emergency Medical Services
Union). (John Dunnuck, Public Services Administrator)
Approved with changes 5/0
Request for County sponsorship for US Military appearances during July 2-
5, 2004. (John Dunnuck, Public Services Administrator)
Approved 5/0
Award Work Order PBS-02-35 in the amount of $66,264 to Professional
Building Systems, Inc. for repairs to Cocohatchee River Park South Docks.
Contract Number 02-3349.
Awarded 5/0
Moved from Item #16C7
E. Approve a Work Order under Contract #01-3271, fixed term professional
engineering services for coastal zone management projects, with Coastal
Planning & Engineering for a public information program, Phase 2, for the
County/City of Naples major beach renourishment, Project 90527, in an
amount not to exceed $47,870.
Approved 4/1 (Commissioner Henning opposed)
11.
PUBLIC COMMENTS ON GENERAL TOPICS
A. Keith Reed and Donohue Silvis regarding the Santa Barbara Road
Project.
12. COUNTY ATTORNEY'S REPORT
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Recommendation pursuant to Collier County Resolution No. 95-632, that
the Board of County Commissioners consider authorizing the Office of the
County Attorney to select and retain outside counsel to represent two (2)
individual County employees sued in Dwight E. Brock v. Board of County
Commissioners, Linda T. Swisher, and Paul W. Wilson, Case No. 04-941-
CA, Twentieth Judicial Circuit in and for Collier County, and waive the
March 9-10, 2004
13.
purchasing policy to the extent it applies to the selection of outside counsel
and/or otherwise exempt the selection of outside counsel from competition
pursuant to VII.G. of the Purchasing Policy.
County Attorney to provide legal representation subject to conduct of
immediate audit by county staff or preferably outside accounting firm -
Approved 5/0.
OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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Commissioner Fiala re listed species in the Glitch cycle - To be put on
the next agenda - 5/0
Closed Session regarding HealthCare a/k/a Merrill Gardens and
settlement negotiations on Aquaport to be put on next agenda if
necessary.
Item 7B and then 7A to be heard on March 10, 2004 at 9:00 A.M.
regarding Cap D'Antibes
March 19 & 20, 2004 Best Buy Collection Activities from 10 a.m. to 5
p.m. to turn in all unwanted computers, printers, phones, etc.
Commissioner Henning regarding Governor's Press conference
concerning the high speed rail issue. Staff to work with BCC to educate
the public on a petition incentive for the voters to sign regarding the
high speed rail and that it serves a valid public purpose for the
taxpayers of Collier County - 5/0
Commissioner Henning regarding Zero lot lines with swimming pools in
a PUD.
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.
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March 9-'10, 2004
Approved and/or Adopted with changes 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
2)
3)
4)
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Eden at the
Strand Replat - 1". The roadway and drainage improvements will be
privately maintained, the water and sewer improvements will be
maintained by Collier County.
Resolution 2004-65 w/release of maintenance security
Approve a budget amendment in the amount of $18,900 to fund
temporary seasonal part time staff consistent with past years for
conducting sea turtle monitoring for the 2004 nesting season.
Request to approve for recording the final plat of "Verona Walk Phase
1B" AR-4692, and approval of the standard form construction and
maintenance agreement and approval of the amount of the
performance security.
w/stipulations
Approve a 100% reimbursable Artificial Reef Construction Grant for
the amount of $25,000 from the Florida Fish and Wildlife
Conservation Commission.
B. TRANSPORTATION SERVICES
1)
Board approval to reject bid received under Bid #04-3595 "Clearing,
Grubbing, Tree Trimming & Removal Services".
To re-solicit these services at a future date.
2)
Approve a Donation Agreement for the acquisition of a perpetual,
non-exclusive easement, which is required for the purpose of
constructing and maintaining a sidewalk along the north side of the
Cocohatchee Canal, across Tracts "B" and "C" of Carlton Lakes Unit
One, accept the conveyance of said easement, and authorize the
payment of South Florida Water Management District permit
application fees. Estimated fiscal impact $330.00. Project 69081
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March 9-10, 2004
WBS 1.
3)
Approve Supplemental Agreement No. 9 for professional design
services by Hole Montes, Inc., for the Immokalee Road Six-Laning
Project from U.S. 41 to 1-75, County Project Number 66042, Bid
Number 00-3057. Fiscal impact: $224,905.
PUBLIC UTILITIES
1)
2)
Board approval of a budget amendment to recognize additional
revenue from Contract No. ML040284 with the South Florida Water
Management District in the amount of $40,000. A Pollution Control
Surface Water Sampling Program.
As detailed in the Executive Summary
Approve an agreement between Calusa Island Village, L.C., a Florida
limited liability company and the Board of County Commissioners
regarding the proposed upgrades to the Goodland Water Pumping
Station.
3)
4)
S)
6)
Approve the purchase of a 2.81-acre lot at the northwest comer of
Wilson Boulevard and 14th Avenue NW for water supply well sites at
a total cost not to exceed $79,735; Project 701581.
To maintain the reliability of the existing Tamiami Wellfield
Authorization to waive the competitive bidding process for technical
assistance to perform a post implementation review, workflow
analysis and documentation of operating procedures for the Utility
Billing Software System - (at a not-to-exceed cost of $72,300).
Services to be preformed by Vaccaro Consulting, Inc.
Accept amendments to two grant agreements (Project time extensions)
with South Florida Management District.
Contract No. C-15054-A01 (Aquifer Storage and Recovery (ASR)
Reclaimed Water Test Well) and Contract No. 15061-A01
(Vanderbilt Beach Road 20-inch Reclaimed Water Main)
Approve funding and budget amendment for project management
process documentation and authorize the Public Utilities Engineering
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March 9-10, 2004
Director to execute Work Order GH-FT-04-02 with Greeley &
Hansen in the amount of $31,706, Project 75000.
Moved to Item #10E
De
7)
Approve a Work Order under Contract #01-3271, fixed term
professional engineering services for coastal zone management
projects, with Coastal Planning & Engineering for a public
information program, Phase 2, for the County/City of Naples major
beach renourishment, Project 90527, in an amount not to exceed
$47,870.
8)
Accept grant agreement (Grease Control Educational Program) from
the South Florida Water Management District in the total amount of
$25,000 and approve necessary budget amendments.
9)
Accept four grant agreements from the South Florida Water
Management District in the total amount of $315,700.
North County Wastewater Service Area Inflow and Infiltration
Study (Project 72502, Contract DG040621), 10 Year Water
Supply Facility Work Plan (Project 70175, Contract DG040612),
Carica Road Aquifer Storage and Recovery (ASR) Exploratory
Well Program (Project 70897, Contract DG04620) and Manatee
Road ASR System Expansion (Project 70157, Contract
DG040620)
PUBLIC SERVICES
me
1)
Approval of the Collier County Health Department Fee Schedule for
FY2004.
Resolution 2004-66
ADMINISTRATIVE SERVICES
1)
Recommendation that the Board of County Commissioners repeal
Resolutions 2001-294 and 2002-464 and adopt a new resolution for
the sole purpose of removing any language related to authorization to
sign grant applications recognizing that such authority is outlined in
the County Manager's grant coordination procedure in the Practices
and Procedures manual.
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March 9-10, 2004
2)
3)
4)
5)
6)
7)
Resolution 2004-67
Recommendation that the Board of County Commissioners approve
and ratify a recommendation to file suit for recovery of
repair/replacement costs incurred by the County in connection with
property damage caused by a third party.
As detailed in the Executive Summary
Approval to utilize State contracts for purchase of furniture and floor
covering over twenty-five thousand dollars ($25,000).
For a period of three years
Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
As detailed in the Executive Summary for the period of January
29, 2004 through February 23, 2004
Approve payments to sub-consultants for the Naples Jail Project in the
amount of $112,845.
TLC Engineering, TKW Engineering, and Walker Parking
Consultants.
Award annual contract for Underground Utility Contracting Services
pursuant to RFP #04-3535, in the estimated annual amount of
$6,000,000.
As detailed in the Executive Summary
Approve contract for Construction Manager at Risk for the proposed
Courthouse Annex and Parking Garage, RFP #04-3576 to Kraft
Construction Inc.
Fa
8)
Approve Amendment No. 1, Contract #02-3422, to Disney and
Associates, P.A., for architectural services for design of the new
County Fleet Facility in the amount of $154,750.
COUNTY MANAGER
1)
Recognize and approve the FEMA Assistance to Firefighter's
Matching (90/10) Grant in the amount of $157,500 and approve the
necessary budget amendments.
To purchase two hydraulic rescue tools, two AED's, one decon
March 9-10, 2004
Ge
2)
clean up containment and packaging equipment, twenty SCBA-45
minutes, twenty spare cylinders, and two accountability systems
Approval of Cooperative Agreement with the South Florida Water
Management District accepting $1,000,000 annual funding
contribution to Collier County for the first ten years of the twenty-
year agreement.
To restore the hydrology of the SGGE and improve the health
and productivity of the 10,000 Islands estuaries by
reestablishment of historic flow ways, sheet flow of wetlands, and
the reduction of point discharges and concentrated shock loads of
freshwater.
AIRPORT AUTHORITY
He
1)
That the Board of County Commissioners approve a budget
amendment increase of $16,000 to fund revised estimated costs to
complete powder coating conversion and other improvements to the
powder coating facility at the Immokalee Regional Airport.
2)
Approve the search for an Executive Director for the Collier County
Airport Authority.
BOARD OF COUNTY COMMISSIONERS
1)
Commissioner Coletta's request for approval for reimbursement for
attending a function serving a valid public purpose; the Hispanic
Chamber of Commerce of Collier County Annual Awards Banquet in
the amount of $65.00 as a "Valid Public Purpose".
To represent Collier County at this awards banquet for Hispanic
Citizens Award and Hispanic Business CEO's, Saturday, March
13, 2004 at the Elks Club
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
OTHER CONSTITUTIONAL OFFICERS
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March 9-10, 2004
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1)
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the
Detailed Report of Open Purchase Orders serve a valid public purpose
and authorize the expenditure of County funds to satisfy said
purchases. A copy of the detailed report is on display in the County
Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples FL.
Report available for inspection and review in the County
Manager's Office
COUNTY ATTORNEY
17.
1)
Recommendation for the Board of County Commissioners to approve
a revised Retention Agreement with the Law Firm of Carlton, Fields,
Ward, Emmanuel and Smith, P.A., and to waive the purchasing
policy, to the extent that is necessary, and/or to exempt this request
from formal competition pursuant to Section VII.G. of the Purchasing
Policy.
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.
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition
AVPLAT2003-AR4687 to disclaim, renounce and vacate the County's and
the Public's interest in a portion of the 10 foot wide drainage easement
located along the rear of Lot 171, according to the plat of"Phase Two
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March 9-~10, 2004
Queens Park at Lago Verde" as recorded in Plat Book 14, Pages 94 through
95, Public Records of Collier County, Florida. Located in Section 18,
Township 50 south, Range 26 east.
Resolution 2004-68
Moved to Item #8B
Be
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-03-
AR-4528, Robert Duane of Hole Montes, Inc., representing Kevin Ratterree
of GLH Development, L.L.L.P., requesting a rezone from "PUD" to a
"PUD" Planned Unit Development to be known as the Terafina PUD. The
purpose is to eliminate the golf course tracts, reconfigure the land use tracts,
updating the Transportation commitments, revise the development standards
and to provide for well fields and additional landscaping for property located
approximately one mile north of Immokalee Road (C.R. 846) and on the
north side of the Olde Cypress PUD in Section 16, Township 48S, Range
26E and consisting of 637 acres.
Co
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2003-AR-4648,
Florida Conference Association of Seventh-Day Adventists represented by
Robert L. Duane of Hole Montes, Inc., and Richard D. Yovanovich, Esq. of
Goodlette, Coleman & Johnson, requesting a rezone from "A" Rural
Agricultural and "PUD" Planned Unit Development to PUD known as the
Loch Ridge PUD by amending the PUD Master Plan to increase acreage
from 13.44 acres to 18.05 acres, show a change in ownership, add church,
private school, and community center as permitted uses, revise the plant
nurseries, florist and vegetable sales uses to be allowed only on a temporary
basis for up to three years, eliminate assisted living facility as a permitted
use, and add accessory uses related to church and school. Property is located
on the south side of Davis Boulevard, approximately 2000 feet east of the
Kings Way/Davis Boulevard intersection, in Section 7, Township 50 South,
Range 26 East, Collier County, Florida.
Ordinance 2004-14 w/changes
18. ADJOURN
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March 9-1 O, 2004
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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March 9-10, 2004