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Recap 11/28/2000 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, November 28, 2000 9:00 a.m. 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. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED 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, (941) 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 November 28, 2000 INVOCATION - Pastor Jim Nite, Grace Bible Church PLEDGE OF ALLEGIANCE Swearing-In of New Commissioners by Judge Brousseau. Commissioners Fiala, Henning, and Coletta sworn in. APPROVAL OF AGENDAS Approved and/or adopted with changes - 5/0 APPROVAL OF CONSENT AGENDA. APPROVAL OFSUMMARY AGENDA. APPROVAL OFREGULARAGENDA. APPROVAL OF MINUTES Approvedaspresented-5/0 A. October 24, 2000 - Regular Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation designating December 1,2000 as "Worlds AIDS Day 2000". To be accepted by: Ms. Andrea Taylor, from Planned Parenthood and Russell Fox. Adopted - 5/0 SERVICE AWARDS Presented Five Year Attendees: 1) 2) 3) 4) 5) John Biedenharn, Solid Waste - 5 Years Michael Berrios, Information Technology - 5 Years Douglas Church, Wastewater- 5 Years Della Mitchell, Library - 5 Years Karen Clements, Building Review - 5 Years Fifteen Year Attendees: 6) 7) 8) 9) Danny Morris, Ochopee Fire Control- 15 Years David Weigel, County Attorney - 15 Years Cynthia Long, EMS Billing - 15 Years Barry Gerlack, Utilities/Wastewater- 15 Years 2 November 28, 2000 Twenty Year Attendees: 10) Beato Guerra, Road & Bridge - 20 Years C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Request by Kirk Sanders for Public Petition to discuss an after-the-fact Variance No. V2000. Staff directed to meet with Mr. Sanders regarding going through the process again. (Consensus) Request by First Assembly of God Church, Michael Davis of Signcraft; and William Hoover of Hoover Planning & Development to have the BCC consider directing the County Long Range Planning Staff to amend the Future Land Use Element. Staff to pursue the issue and report back to the Board. (Consensus) COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) THIS ITEM HAS BEEN CONTINUED TO THE DECEMBER 12, 2000 MEETING. Consideration of an alternative road impact fee calculation for a self-serve car wash facility in Immokalee. 2) Approve a resolution to establish a policy to consider requests to release County liens assessed on privately owned property which has been donated to non-profit agencies for affordable housing. Res. 2000-445 Adopted - 5/0 B. TRANSPORTATION SERVICES l) Adopt a resolution authorizing the acquisition of land by condemnation of fee-simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage, maintenance, noise abatement interests and/or temporary construction interests by easement for the construction of the six-laning roadway improvement for Livingston road project 3 November 28, 2000 between Golden Gate Parkway and Pine Ridge Road Project, CIE No. 52. Res. 2000-446 Adopted - 5/0 2) Approval of the recommended management entity for the purpose of providing Collier County area transit system service and support as identified in RFP #00-3146 and authorization for the Transportation Administrator or the Transportation Planning Director to enter into, modify or terminate a contract with the selected management entity. Approved - 5/0 3) Approve contract for professional engineering services by RWA, Inc., for Golden Gate Parkway six-laning design from Airport Road to Santa Barbara Boulevard, Project No. 60027. Approved - 510 Moved from Item #16B2 4) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or non-exclusive, perpetual, road right-of- way, sidewalk, slope, utility, drainage, maintenance, noise abatement wall interests and/or temporary construction interests by easement for Livingston Road between Golden Gate Parkway and Pine Ridge Road project, CIE No.52. Res. 2000-447 Adopted - 5/0 C. PUBLIC UTILITIES D. PUBLIC SERVICES E. SUPPORT SERVICES 1) Request BCC affirmation of support for financial management system replacement project. Staff to proceed F. EMERGENCY SERVICES G. COUNTY MANAGER l) Recommendation that the Board of Collier County Commissioners consider supporting the Florida Association of Counties efforts to organize to propose that Florida be allowed to use post-census local review and call centers to improve the Census 2000 information. Approved - 5/0 4 November 28, 2000 H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of Commissioner to the Southwest Florida Regional Planning Council. Res. 2000-448 Appointing Commissioner Coletta - Adopted - 510 B. Appointment of members to the Environmental Advisory Council. Res. 2000-449 appointing Erica Lynne and William W. Hill - Adopted - 5/0 Added Consideration of obtaining the old ice house building from the Naples Airport (Commissioner Carter) Authorization granted for budget amendment to use TDC reserve funds, County Manager to enter into an agreement to demolish and remove the salvageable part of the icehouse subject to all parties' approval in an amount not to exceed $20,000, and staff to bring back a project for reconstructing the building using the salvageable parts. Approved - 510 11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS THIS ITEM WAS CONTINUED FROM THE OCTOBER 24, 2000 MEETING. Petition CPSS-2000-1, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Carmen Cali, contract purchaser, requesting a small scale map amendment to the Golden Gate Area Master Plan Element (GGAMP) of the Growth Management Plan to designate 9.54 acres, located on the south side of Randall Boulevard and ¼ mile east of Immokalee Road, as "Randall Boulevard Commercial 5 November 28, 2000 Subdistrict". Continued Indefinitely at the petitioner's request - 5/0 ZONING AMENDMENTS 1) Petition PUD-95-02(1) Steve Loveless of Palm Foundation, Inc. requesting a rezone from its current zoning classification of "PUD" Planned Unit Development known as Bailey Lane PUD to "PUD" in order to reduce the front and rear yard setbacks for single family dwellings as well as the distance between structures and the rear yard setback for accessory structures. The subject property consists of 24.76 acres and is located on Bailey Lane off Airport Pulling Road in Section 23, Township 49 South, Range 25 East, Collier County, Florida. Oral, 2000-78 Adopted - 411 (Commissioner Carter opposed) 2) Petition PUD-99-25 David E. Crawford, AICP of Vanesse and Daylor, LLP, representing John and Dora McMullen, requesting a rezone from its current zoning classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Hammock Park of Commerce PUD for a commercial retail and office development. The subject property is an undeveloped 18.15 acre parcel located on the east side of Collier Boulevard at the terminus of Rattlesnake Hammock Road in Section 14, Township 50 South, Range 26 East, Collier County, Florida. Oral. 2000-79 Adopted w/changes - 5/0 3) THIS ITEM WAS CONTINUED FROM THE OCTOBER 10~ 2000 MEETING. Petition PUD-2000-09 Brad Hedrich, P.E. of Hedrich Engineering Inc., representing Meridian Land Co. requesting a rezoning for property currently zoned "A" Rural Agricultural, "RSF-3" Residential Single Family and "ST" Overlay to "PUD" Planned Unit Development to be known as Madeira PUD for a maximum of 436 residential dwelling units for property located on the west side of Livingston Road, approximately % mile north of Immokalee Road (C.R. 846), in Sections 13 and 24, Township 48 South, Range 25 East, Collier County, Florida, consisting of 145.93 +/- acres. Ordinance 2000-80 Adopted with stipulations but without Euclid interconnect - 4/0 (Commissioner Carter abstained) Moved from Item #17D 6 November28,2000 4) Petition R-2000-3, Steve Morgan, Morgan and Associates Consulting Engineers, Inc., representing M.B. Morgan and R.E. Shaffer, requesting a rezone from RT to C-3 for property located at the corner of U.S. 41 and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.38 +/- acres. Ordinance 200-81 - Adopted $/0 C. OTHER 1) Board approval of Budget Amendment 99-328 as relating to fire plan review fees. Resolution 2000-450 - Adopted 4/0 (Commissioner Fiala absent) 2) Adopt an ordinance creating the Pelican Bay dependent district and dissolving the Pelican Bay MSTU. Ordinance 2000-82 - Adopted with stipulation 410 (Commissioner Mac'Kie abstained) 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM WAS CONTINUED FROM THE OCTOBER 247 2000 MEETING. Petition A-2000-1, Edward J. Fullmer, Vice President and Acting President, representing the Goodland Civic Association, appealing the interpretation of the Planning Services Director that the Dolphin Cove Site Development Plan (SDP-98-40) was consistent with the Purpose and Intent Section (Section 2.2.9.1 ) of the Village Residential (VR) Zoning District of the Collier County Land Development Code (Ordnance 91-102, as amended), on the date of staff approval of the SDP (November 12, 1998). SDP-98-40 authorized the development of a 76-unit multi-family project on Bock Y, Tract 1, Goodland Isle Subdivision (Plat Book 6, Page 7). Planning Director's interpretation - Rejected 510 B. OTHER 14. STAFF'S COMMUNICATIONS 15. BOARD OF COUNTY COMMISSIONERS' 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 7 November 28, 2000 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 COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES. 1) This item has been deleted. 2) To approve a resolution endorsing the Pace Center for Girls, Inc. as a sponsoring agency under the Florida Enterprise Zone Community Contribution Tax Credit Program. Resolution 2000-428 3) Lien Resolution-Code Enforcement Case Numbers; 90107038/Kendall, Sheryl; 90107041/Kendall, Sheryl; 90107042/Kendall, Sheryl Resolutions 2000-429 thru 2000-431 4) Lien Resolution-Code Enforcement Case Numbers; 1999050782/Richard Vetter; 1999060912/Stuart O. Kaye TR; 1999051395/Mimon Baron; 1999050574/LaRue; 1999080428/Henry Crawford Resolutions 2000-432 thru 2000-436 s) Lien Resolution-Code Enforcement Case Numbers: 1999040928/Asbell, John; 1999040927/Asbell, John; 1999090445/EMC Holdings; 1999090604/Catete, Jose & Lucila, 1999090559/Torres, Gerado & Criselda Resolutions 2000-437 thru 2000-441 6) Final Acceptance of water and sewer utility facilities for the Carlisle A/K/A The Colony. And Release of Performance Bond 7) Final acceptance of water utility facilities for Twenty-First Century Oncology Lab. And Release of Performance Bond 8) Request to approve for recording the final plat of "Fiddler's Creek Phase A2, Unit Three" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations 8 November 28, 2000 9) 11) 13) 14) 15) 17) Request to approve for recording the final plat of "Majorca at Fiddler's Creek" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations Request to approve for recording the final plat of "Mediterra Parcel 107" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations Request to approve for recording the final plat of "Tarpon Bay" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations Request to approve for recording the final plat of "Eden at the Strand Replat- 1 ". Request to approve for recording the final plat of "Lot 2 Capri Commercial Center Replat". Request to approve for recording the final plat of "Pebblebrooke Plaza". Recommendation that the Board of County Commissioners approve Workorder WMI - FT - 01-01 within Contract 99-2981 with WilsonMiller for fixed term Land Surveying and Photogrametric Services. In the amount of $67,000 Request to approve for recording the final plat of "Mahogany Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations Request to approve for recording the final plat of "Bellagio at Fiddler's Creek", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations TRANSPORTATION SERVICES 1) This item has been deleted. Moved to Item #8B4 9 November 28, 2000 2) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or non-exclusive, perpetual, road right-of- way, sidewalk, slope, utility, drainage, maintenance, noise abatement wall interests and/or temporary construction interests by easement for Livingston Road between Golden Gate Parkway and Pine Ridge Road project, CIE No.52. 3) Authorization for Metropolitan Planning Organization Task Order. In the amount of $30,000 for a Build Out Network study to be completed by WilsonMiller 4) Recommendation to approve the purchase of one (1) water truck, in accordance with Bid# 00-3157. Awarded to Wallace International in the amount of $82,440 5) Approve a donation agreement for a parcel to provide for expansion of the Lely area Stormwater improvement project. 6) This item has been deleted. 7) Recommendation to extend contract #98-2821, contractual services for traffic signals and streetlights. For a period of 90 days PUBLIC UTILITIES 1) Amend Right-of-Way License Agreement with Florida Power and Light Company for 20-inch Radio Road Reclaimed Water Main Extension, Project 74036. 2) Approve Budget Amendment for final payment for "Odor Control" repairs and modifications completed at the Naples Landfill. PUBLIC SERVICES 1) Approve Change Order #5 for Sugden Park Landscape Architectural Services. In the amount of $3,665 with WilsonMiller 2) Approve a Change Order for Max Hasse Community Park, Phase II Landscape Architectural Services. In the amount of $3,097.50 with A. Gall Boorman & Associates 10 November 28, 2000 3) Obtain Board Approval for Library to Apply for a Community & Library Technology Access Partnership Grant. SUPPORT SERVICES 1) This item has been deleted. 2) Approval of lease agreements with Decaster Capriole Joint Venture and R. Y. R. R., Inc. in order to relocate Transportation Planning and Engineering. 3) Re-Appropriate training funds in the Human Resources Information System Capital Projects Budget. 4) Approve funding for the Agenda Coordinator position in the Department of Public Information. 5) Approve a Budget Amendment to cover costs associated with the production of the "County Highlights" television series. 6) Award of RFP 00-3125 "Annual Contract for Countywide Exotic Vegetation Removal". Awarded as indicated in the executive summary 7) This item has been deleted. 8) Recommendation to award Bid No. 00-3137 - Annual Agreement for preparation and delivery of title commitments and to authorize staff to identify other additional qualified firms. Awarded to Midwest Title Guarantee Co. and Associated Land Title Group, Inc., respectively 9) Authorize the Chairman to execute a revocable temporary license to Florida Power & Light Company that will benefit the installation of electric utility facilities at the Golden Gate Community Center and adopt the necessary resolution. Resolution 2000-442 Approval of a First Amendment to Lease Agreement with Billy Boy Carryout, Inc. Approval of the Collier County Group Benefit Plan Health Insurance Plan Document Effective January 1, 2001. 11 November 28, 2000 12) Approval of a Lease Agreement between Collier County ("County") and Heritage Square Real Estate, L.L.C. Annual rent of $455,000 and a $50,000 option payment 13) Appropriate funds to complete the Golden Gate Government Services Building and Sheriff's Building improvements. 14) This item has been deleted. Award RFP #00-3109 "Janitorial Services" to Golden Mark Florida Corp. and authorize staff to negotiate agreement with selected vendor for annual janitorial services. 16) Approval to award Bid No. 3166 for the purchase of plumbing parts and supplies used in County repairs and maintenance. Awarded to Hughes Supply & Jameson Supply 17) Approve Repairs and Unanticipated Capital Improvements for County Buildings. EMERGENCYSERVICES 1) Award Bid #00-3153 for the purchase of budgeted medications for the department of Emergency Medical Services. Awarded to Sunbelt Medical Supply 2) Award Bid #00-3138 for the purchase of budgeted uniforms for the Emergency Medical Services Department. Awarded to Medical Department Store and Doss Aviation, Inc. DBA Aureus International 3) Approval of a competitive grant submittal for Emergency Management Activities. COUNTY MANAGER AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 12 November 28, 2000 17. K. OTHER CONSTITUTIONAL OFFICERS 1) Accept an Article V Trust Fund Grant-In-Aid of $57,815 from the Office of the State Court Administrator and Authorize Chairman to Sign the Agreement. 2) Authorize the expenditure of funds for the purchase, disassembly, modification and installation of high-density filing equipment for Central Records and Human Resources. L. COUNTY ATTORNEY 1) Approval of the Stipulated Final Judgment relative to the easement acquisition on Parcel 283 in the lawsuit entitled Collier County v. Adalberto A. Herrera, et al (Golden Gate Boulevard Project). $434.00 to be deposited in the Registry of the Court 2) Authorize the making of an Offer of Judgment to Defendants, Garrett F.X. Beyrent and Teryl H. Brzeski, for Parcel 99/915 in the amount of $2,400.00 in the lawsuit styled Collier County v. Anthony D'Antuono, et al., Case No. 91-3983-CA. $600.00 to be paid into the Registry of the Court if the offer of judgement is accepted 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. Petition DRI-99-3, Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Collier County Board of County Commissioners, requesting Development of Regional Impact (DRI) approval for existing and new government office buildings for property located at the northeast quadrant of Tamiami Trail (U.S. 41) and Airport-Pulling Road (C.R. 31)in Section 12, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2000-443/Development Order 2000-05 Petition PUD-2000-02 William Hoover of Hoover Planning and Development, Inc. representing Mark L. Linder, Trustee, requesting a rezone from its current zoning 13 November 28, 2000 classification of "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Hibiscus Village PUD for a residential development. The subject property is an undeveloped 57.82 acre parcel located on the west side of Collier Boulevard approximately 3,/, of a mile north of Vanderbilt Beach Road in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2000-76 Petition CU-2000-12 James McCord, representing American Dream Builders, Inc., requesting a Conditional Use for a model home in the "E" Estates Zoning District for property located at 4050 13th Avenue S.W. in Section 15, Township 49 South, Range 26 East, Collier County, Florida, consisting of 5.0 acres. Resolution 2000-444 Moved to D. Item #12B4 Petition R-2000-3, Steve Morgan, Morgan and Associates Consulting Engineers, Inc., representing M.B. Morgan and R.E. Shaffer, requesting a rezone from RT to C-3 for property located at the corner of U.S. 41 and Barefoot Williams Road, in Section 33, Township 50 South, Range 26 East, Collier County, Florida, consisting of 4.38 +/- acres. Petition PUD-2000-14 William L. Hoover, AICP, of Hoover Planning and Development, Inc. requesting a rezone from "A" to "PUD" Planned Unit Development to be known as Brittany Bay Apartments PUD for a multi-family development of 128 affordable housing units and 350 standard residential units on property lying on the west side of Collier Boulevard (C.R. 951), approximately 4/5 mile south of Immokalee Road in Section 27, Township 48 South, Range 26 East, consisting of 58.6 acres. Ordinance 2000-?? 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 November 28, 2000