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Recap 02/27/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, February 27, 2001 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 February 27, 2001 1. INVOCATION - Pastor Michael Smith, New Hope Ministries 2. PLEDGE OF ALLEGIANCE = APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as Presented - 5/0 February 1,2001 -Workshop February 6, 2001 - Workshop 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS Added: 1) Proclamation of the Board of County Commissioners of Collier County to declare a State of Emergency for all territory within the legal boundaries of Collier County including all Incorporated and Unincorporated areas. Res. 2001-66 -Adopted 510 am SERVICE AWARDS Presented Five Year Attendees: 1) 2) 3) 4) 5) 6) Phillip Tindall, Community Development Theresa Potter, Building Review Hilda Clair, Library Alison Saba, Library Edward Harkins, Parks and Recreation Paul Brower, Wastewater Twenty-Five Year Attendee: 7) Timothy Billings, Community Development C. PRESENTATIONS 1) Recommendation to recognize Lazaro Blanco, Senior Equipment Operator, Stormwater Management Department, as February 27, 2001 Employee of the Month for February 2001. Recognized 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 1) To present the Certificate of Achievement for Excellence in Financial Reporting to the Board of County Commissioners. Presented 2) To present to the Board of County Commissioners the Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2000. THIS ITEM WILL BE HEARD IN CONJUNCTION WITH ITEM 8 G 1. Accepted - 5/0 7. PUBLIC PETITIONS 8. COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Report to the Board of County Commissioners regarding the current structure of the policies and regulations for commercial excavations and request direction from the Board to staff regarding those regulations. Staff to follow direction as outlined on Pages 8 and 9 of the report - 5/0 2) THIS ITEM IS BEING CONTINUED TO THE MARCH 13~ 2001 MEETING. Consolidation of the Impact Fee Ordinance. Copy of Ordinance will be made available on February 27, 2001 at the County Manager's Office or Community Development and Environmental Services. B. TRANSPORTATION SERVICES Moved from Item #16B8: 1) Request Board direction to establish a proposed Livingston Road Beautification MSTU. Approved - 510 C. PUBLIC UTILITIES 1) Approve request to terminate Coastal Engineering from remaining contracts with Collier County and approve retention 3 Februa~ 27, 2001 of replacement engineers to finish projects, when and as necessary, and approve any necessary budget amendments. Staff recommendation approved - 312 (Commissioners Mac'Kie and Colefta opposed) D. PUBLIC SERVICES E. SUPPORT SERVICES 1) Approval of the Collier County Government Equal Employment Opportunity Plan. Approved - 510 F. EMERGENCY SERVICES G. COUNTY MANAGER 1) Report regarding the State of the CountyJital Signs Report. THIS ITEM WILL BE HEARD IN CONJUNCTION WITH ITEM 6A2. Presented H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT Recommendation to the Board of County Commissioners to consider a proposed agreement from the City of Naples concerning the location of an exploratory well for a proposed aquifer storage recovery system. Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS Continued Indefinitely A. Discussion regarding County's support for North Belle Meade CARL acquisition. (Commissioner Mac'Kie) Appointment of Commissioner to the Canvassing Board for 2001. (Commissioner Carter) Commissioner Mac'Kie appointed - 5/0 Appointment of members to the Emergency Medical Services Advisory Council. Res. 2001-67 appointing Stephanie Vick and readvertise for District 3 - Adopted 510 4 February 27, 2001 Appointment of member to the Lely Golf Estates Beautification Advisory Committee. Res. 200'1-68 appointing Robert M. Slebodnik - Adopted $/0 Appointment of member to the Development Services Advisory Committee. Res. 200'1-69 appointing Robert L. Duane, C. Perry Peeples, Thomas R. Peek, Dalas Disney and Bryan P. Milk - Adopted $/0 Terms extended -Approved $10 Added: F. Discussion regarding Santa Barbara Extension alignment. (Commissioner Fiala). Transportation Administrator to provide in writing his recommendation regarding road alignment and cost figures. - 5/0 Added: G. Discussion regarding Pelican Bay Dependent District. (Commissioner Fiala). Town Hall meeting to be held within 30 days with Pelican Bay residents - 3/0 (Commissioner Mac'Kie abstained and Commissioner Hennincj out) '11. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 1) That the Community Redevelopment Agency Board review the proposal received for the Gateway "Mini Triangle" redevelopment project; not accept the proposal as submitted; and direct staff to return to the Board within 120 days to consider re-advertising "An Invitation to Submit Proposals" with additional submittal requirements. Proposal Rejected. Staff to meet with property owners and return within 120 days with a proposal 5/0 C. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 5 February27,2001 B. ZONING AMENDMENTS 1) THIS ITEM WAS CONTINUED FROM THE JANUARY 237 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-86-22 (2), Mr. William Hoover, representing Mr. Peter Longo of Ohio Sealants, requesting an amendment to the Pine Ridge Center PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and adding additional retail commercial uses for property located on the South side of Pine Ridge Road and approximately 660 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2001-08 - Adopted 4/1 (Commissioner Carter opposed) 2) THIS ITEM WAS CONTINUED FROM THE JANUARY 23~ 2001 MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-88-11 (2), Mr. William Hoover, representing Mr. Anthony Jancigar, requesting an amendment to the Pine Ridge Center West PUD having the effect of providing an East/West cross access road on the PUD master plan and adding Tract "C" to the plan, correcting the project acreage and the property owners address, and additional retail commercial uses for property located on the South side of Pine Ridge Road and approximately 980 feet West of Whippoorwill Lane in Section 18, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2001-09 - Adopted 411 (Commissioner Carter opposed) 3) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-00-6, William L. Hoover of Hoover Planning, representing Ronald W. Ragge, requesting a rezone from "E" Estates to "PUD" Planned Unit Development to be known as Ragge PUD allowing for a mixture of Commercial and Office Land Uses for property located on the North side of Pine Ridge Road (C.R. 896), and opposite Whipporwill Lane in Section 7, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2001-07 -Adopted with CCPC recommendations and stipulations 5/0 OTHER IT IS REQUESTED THAT THIS ITEM BE HEARD AT 11:00 A.M. Amendments to Collier County Ordinance No. 92-102 February 27, 2001 13. 14. 15. creating the Collier County Public Guardianship Program to conform to Florida Statutes by providing for placement of the program under the Statewide Public Guardianship Office, appointments to the office, redefining powers, preparations of the budget, procedures and rules, costs, necessary reports, access to records and surety bond. Ordinance 2001-06 - Adopted 510 BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. V- 2000-32, Stanley Whittemore, representing Ferdinand and Catherine Fountain, requesting a 5-foot variance from the required 30-foot rear yard setback to 25 feet for property located at 355 Kings Way, further described as Lot 8, Block G, Foxfire Unit 3, in Section 6, Township 50 South, Range 26 East, Collier County, Florida. Res. 2001-71 -Adopted 510 2) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2000-18, Kenneth B. Cuyler, Esquire, representing Sunvac Corporation, M & H Stables, requesting a conditional use for horseback riding lessons and horse rental activity on a parcel of land zoned "A" Agricultural for a property located on the South side of Newman Drive 1.5 miles East of Collier Boulevard and one mile South of Interstate 1-75, this site consists of 10+ acres. Res. 2001-70 - Adopted 410 B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS Reactivating the City and County Managers/Administrators Committee. (Commissioner Carter) Approved 5/0 aa Staff directed to advertise an amendment regarding Section 3 of the Beach Renourishment Committee Ordinance. Time to be extended 60 days regarding the offer from Mr. Paul Hardy for the Barefoot Beach Preserve parcel. 7 February 27, 2001 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Authorize a Resolution relating to the enforcement of vegetation removal in the rural areas of the County in response to the threat of fire. Res. 2001-51 2) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Bay Laurel Estates at Pelican Marsh Unit Twenty-One". Res. 2001-52 3) Petition Carny-2001-AR #369, Duane Wheeler, of the Rotary Club of Immokalee, requesting permit to conduct a carnival from March 1, 2, 3 and 4, 2001 and March 8, 9, 10 and 11,2001 on County owned property located on the Southwest portion of the Immokalee Regional Airport, 520 Airways Road. Carnival Permit 2001-04 w/waiver of application fee, occupational license and surety bond 4) Final acceptance of water utility facilities for Ritz-Carlton parking garage. Release of the Utilities Performance Security to the Project Engineer or the Developer's Agent Continued Indefinitely: 5) Final acceptance of water utility facilities for Boyne South. 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit Two". Res. 2001-53 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase 1A". Res. 2001-54 8 February27,2001 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Fiddler's Creek Phase lB, Unit One". Res. 2001-55 9) Request to approve for recording the final plat of "Norman Estates at Pelican Marsh Unit 23 replat of Lots 3 through 18 and Part of Tract B". TRANSPORTATION SERVICES 1) Approve Change Order Number 3 with Better Roads, Inc. for additional construction services for revising Livingston Road four lane to Livingston Road six lane, Project #60061. In the amount of $1,280,371,86 2) Approve Change Order Number 5 with APAC-Florida, Inc. for additional construction services for the widening of Immokalee Road from 1-75 to Collier Boulevard (CR 951), Project No. 69101. In the amount of $212,057,01 3) Recommendation to extend Contract #98-2821, contractual services for traffic signals and street lights. Extended through April 30, 2001 4) Approval of staff selection of professional landscape architecture services firms and authorization to negotiate and award agreements to same for fixed-term professional landscape architectural services (RFP #00-3131 ). To the six firms as outlined in the Executive Summary 5) Approve a Budget Amendment to provide funds to the Lely Golf Estates Municipal Services Taxing Unit (MSTU) Beautification Fund. 6) Request for speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) in Goodland. 7) Recommendation thatthe Board of County Commissioners approve the short list from RFP #00-3152 for an environmental consultant for Clam Bay Restoration and authorize staff to negotiate with the top ranked firm. Staff to negotiate w/Turrell and Associates, Inc. Moved to Item #8B1: 9 February 27, 2001 C= 8) Request Board direction to establish a proposed Livingston Road Beautification MSTU. 9) Approve a Budget Amendment for Construction Engineering Inspection Contract to ConsuI-Tech Engineering, Inc., for the widening of Airport-Pulling Road, Collier County Project No. 62031, CIE No. 55, RFP No. 00-3081. lO) Approve sole source purchase of "Tideflex" valves for outfall pipes under US 41/Davis Boulevard Intersection, Project 31805. Sole source purchase from Red Valve Company; installation to be performed by a local contractor in the estimated amount of $32,000 11) Approve a bare license agreement between Collier County and WCI Communities, Inc., for use of vacant county-owned property. Annual rent in the amount of $12,240 to be paid by WCl 12) Approve a Resolution providing for the establishment of an AD HOC Advisory Committee to provide input and guidance in the aesthetic appearance of the 1-75/Golden Gate Parkway Interchange and the Golden Gate Parkway Corridor as the Gateway to Naples and Golden Gate City. Res, 2001-56 PUBLIC UTILITIES 1) Approve the satisfaction of lien documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. 2) Approve Amendment No. 9 to the Professional Services Agreement with Humiston and Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. In the amount of $22,000 3) Approve Change Order No. 1 to Amendment No. 6 of the Professional Services Agreement with Humiston and Moore Engineers for the Big Marco Pass and Capri Pass Inlet Management Plan. In the amount of $25,000 4) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received ]0 February 27, 2001 D= payment and said liens are satisfied in full for the 1991 Solid Waste Collection and Disposal Services Special Assessments. Res, 2001-57 5) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1992 Solid Waste Collection and Disposal Services Special Assessments. Res. 2001-58 6) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Res. 2001-59 7) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Res. 2001-60 8) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Res. 2001-61 9) Adopt a Resolution approving the satisfaction of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Res. 2001-62 10) Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. 11) Authorize a Work Order under the fixed term structural engineering services contract with Kris Jain and Associates, Inc., for design of a storage building for the North County Water Reclamation Facility. In the amount of $33,000 PUBLIC SERVICES 11 February 27, 200 ! 1) Award of Bid 00-3186 for the re-decking of the existing boardwalks at Tigertail Beach. Awarded to Modern Services in the amount of $73,000 2) Acceptance of an additional $62,667 in State Aid to Libraries in FY01. 3) Approve road closure of State Road 29 for Roberts Ranch Roundup Cattle Drive. Res. 2001-63 4) Approve a change order for Vineyards Community Park Project. Change Order #1 to Agnoli, Barber and Brundage, Inc. in the amount of $7,622.75 SUPPORT SERVICES 1) Recommendation to amend County purchasing policy to modify current staff authority and expedite project delivery schedules. Res. 2001-64 2) Recommendation to declare certain county-owned property as surplus and authorize a sale of surplus property and approve sale of surplus Bid No. 00-3160 double-wide trailer to Suncoast Steel. Auction to be held March 3, 2001; Sale of double-wide trailer in the amount of $3,500 to Suncoast Steel EMERGENCY SERVICES 1) Award Bid No. 00-3155 for the purchase of expendable medical supplies for the Emergency Medical Services Department. To various vendors as outlined in the Executive Summary COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-185. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 12 February 27, 2001 K. OTHER CONSTITUTIONAL OFFICERS L. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the easement acquisition of Parcel 258 in the Lawsuit entitled Collier County v. David G. Hurlbut, Jr., Trustee, et al, Case No. 00-1398-CA (Golden Gate Boulevard, Project No. 63041). Staff to deposit the sum of $700 into the Registry of the Court 2) Approve the Stipulated Final Judgment providing payment for the County's interest in Parcels 101 and 803 acquired by Florida Department of Transportation in State of Florida Department of Transportation v. John N. Brugger, as Trustee, et aL In the Amount of $4,000 3) A Resolution clarifying the membership of the Collier County Community Health Care Planning and Finance Committee. Res, 2001-65 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Aw Approve Repeal of Collier County Ordinance 74-3 Establishing the Golden Gate Fire Control District Municipal Service Taxing Unit In Its Entirety. Ord. 2001-04 Approve Repeal of Collier County Ordinance 75-9 That Called for a Referendum to Establish the Collier County Fire Control District One In Its Entirety. Ord. 2001-05 Continued to March 13, 2001: C. Recommendation to accept a settlement proposal in the case of Walden Oaks of Naples Homeowners Association Inc., et al v. Collier Fcbruar,j 27, 200! County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-C^ pending in the Twentieth Judicial Circuit Court, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 7744~383. 14 February 27, 2001