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Recap 03/13/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 13, 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 March 13, 2001 INVOCATION - Reverend Mary Anne Dorner, Church of the Resurrection PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OFREGULARAGENDA. APPROVAL OF MINUTES Approved as Presented - 5/0 A. February 13, 2001 - Regular Meeting PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation recognizing the member financial institutions of the Collier County Loan Consortium for their part in helping to provide home ownership opportunities for Collier County families. To be accepted by Al Williams and George Breeden from the Loan Consortium. Adopted - 5/0 2) 3) Proclamation proclaiming March 20, 2001 as "Children's Day in Collier County, Florida". To be accepted by Mrs. Myra Shapiro, President of Naples Alliance for Children. Adopted - 5/0 Proclamation proclaiming the week of March 11 - 17, 2001 as The 22nd Anniversary Of The "Know Your County Government Week". To be accepted by Brooke Haas and Michelson Aristhyl. Adopted - 5/0 SERVICE AWARDS Presented Five Year Attendees: 1) Annis Moxam, Planning Services 2 March 13, 2001 2) Mary Keidel, Parks and Recreation 3) Deborah Gardner, Museum 4) Stephen Shelton, Wastewater 5) Jeannine Merritt, Public Information 6) Leonard Pohl, EMS 7) Jane Eichhorn, HUI C. PRESENTATIONS 1) Presentation regarding a promotional free garbage pick up award. Awarded to Kathy Neal and Alice A. Brady APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS COUNTY MANAGER'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve commercial excavation permit No. 59.779, "Patterson Lake Commercial Excavation" located in Section 29, Township 47 South, Range 28 East; bounded on the North 70th Avenue N.E. Right- of-Way, on the South by vacant lot right-of-way, on the West by vacant lot, and on the East by vacant lot. Approved with stipulations - 5/0 2) Recommendation to approve commercial excavation permit no. 59.778, "McDaniel Lake Commercial Excavation" located in Sections 20, 21,28, 29, Township 48 South, Range 28 East; bounded on the North by vacant lot, on the South by Randall Blvd. Right-of-Way, on the West by occupied lot, and on the East by vacant lot. Continued to 3/27101 - 5/0 Moved from Item #16A7 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand Replat 1-A". 3 March 13, 2001 Continued until Impact Fees have been paid - 510 Ca TRANSPORTATION SERVICES 1) Reauthorization of Local Option Gas Tax. (Backup material to be provided .) Res. 2001-82 Authorizing preparation of an Ordinance- Adopted - 510 PUBLIC UTILITIES PUBLIC SERVICES SUPPORT SERVICES 1) Approve a Lease Agreement with the Police Activities League to utilize County property for all terrain vehicles. Approved - 510 EMERGENCY SERVlCES COUNTY MANAGER 1) Adoption of FY 02 Budget Policy. 916/01 & 9/19/01 Public Hearings - 510 611/01 Budget submission date for Sheriff, Clerk of Courts and Supervisor of Election Approved 5/0 2) Recommendation that the Board of Collier County Commissioners review the written and oral reports of the Advisory Boards scheduled for review in 2001 in accordance with Ordinance 86-41. Presented. Bayshore Adv. Committee report continued AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT 4 March 13, 2001 10. Recommendation that the Board of County Commissioners approve a settlement in Paul Lashbrook v. Collier County, now pending in the United States District Court for the Middle District of Florida, Case No. 2:00-CV-122-FTM-29D, in the amount of $150,000. Approved 510 BOARD OF COUNTY COMMISSIONERS Appointment of members to the Environmental Advisory Council. Res. 2001-83 appointing Alfred Gal, Jr., Michael Coe, Larry Stone, and Chester Soling - Adopted 5/0 Bm Appointment of members to the County Government Productivity Committee. Res. 2001-84 appointing Thomas Casale, Thomas Grootemaat, James Homer, and Jean Ross-Franklin -Adopted 5/0 Gm Appointment of members to the Community Health Care Planning and Finance Committee. Res. 2001-85 appointing Dr. Keith Riley and Jane S. Dunn - Adopted 5/0 Board discussion of the possible repeal of Ordinance 2000-82, the Pelican Bay Services District Ordinance. (Commissioner Carter) Pelican Bay Ord. 2000-82 to be advertised for 4/10/01 to be repealed - 3/1 (Commissioner Carter opposed and Commissioner Mac'Kie abstained) Discussion regarding wastewater connections in the North County Regional Water-Sewer District. (Commissioner Carter and Commissioner Henning.) Staff to Work with CBIA and subcontractors Association and others in the industry and develop a specific action plan with any and all possibilities and return to the BCC ASAP and to develop a county position paper to provide to the community by the end of the day. Added F. Discussion of Florida First Resolution. Res. 2001-86 -Adopted 5/0 (Commissioner Carter Request) Added G. Board approval to waive dumping fees for Naples Manor Community Clean and Sweep Up Day on Saturaday, April 21,2001 from 9:00 a.m. to 12:00 p.m. (Commissioner Fiala request). Approved 510 Added H. Approval for Public Information to design flyers for distribution to residents of Naples Manor for clean-up effort and a Town Hall Meeting scheduled for 5 March 13, 2001 11. Thursday, March 29 at 7:00 p.m. at Lely High School Cafeteria (Commissioner Fiala request). Approved 510 OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS 1. Bob Krasowski re landfill issues. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS 1) DUE TO ITS SlZE~ THE BACKUP MATERIAL FOR THIS ITEM MAY BE VIEWED IN THE BCC OFFICE~ 3"[~ FLOOR~ HARMON TURNER BUILDING. Growth Management Plan Amendments(s) Adoption Cycle, CP-2000-3, CP-2000-4, CP-2000-5, CP-2000-7 and CP 2000-11. An ordinance amending Ordinance No. 89-05, as amended, the Collier County Growth Management Plan for the Unincorporated Area of Collier County, Florida by: Amending the future land use element and the future land use map and map series; amending the Golden Gate area master plan element and the Golden Gate area master plan future land use map and map series; and providing for severability; and providing for an effective date. Ord. 2001-12 - Adopted with amendments - 5/0 B. ZONING AMENDMENTS C. OTHER 1) THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27, 2001 BCC MEETING. Adoption of consolidated impact fee ordinance. Ordinance 2001-13 -Adopted 510 2) Recommendation that the Board of County Commissioners receive public input on selecting a non-profit organization to be designated as an eligible 6 March 13, 2001 13. entity for receipt of community service block grant funds and approve a resolution supporting the Immokalee Multicultural Multipurpose Community Action Agency, Inc. efforts to be designated by the Governor of Florida as the eligible entity to serve Collier County. Res. 2001-87 -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. Petition V-2u00- 33, Freedom Screening Corporation, representing Curtis Chandler, requesting a 2-foot variance from the required 10 foot rear yard setback for accessory structures to 8 feet for property located at 225 Bayfront Drive, further described as Lot 18, Bayfront Gardens, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. Res. 2001-88 -Adopted 5/0 2) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-2000- 20, Jeff L. Davidson of Davidson Engineering, Inc. representing B.C. Excavating of Naples, Inc., requesting a conditional use for earth mining activity on a parcel of land zoned "A" Agricultural for a property located on the east side of Friendship Lane approximately ¼ mile north of Immokalee Road in Section 24, Township 47 South, Range 27 East, Collier County, Florida. This parcel consists of approximately 4.4 acres. Denied - 5/0 3) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition CU-;z000- 16, Jeff L. Davidson of Davidson Engineering, Inc. representing Jesse Hardy, requesting a conditional use for earth mining activity on a parcel of land zoned "A" Agricultural for a property located in the "Hole-In-The- Donut" within the southern Golden Gate Estates, more specifically the site is located about two miles south of Interstate 1-75 and one and one quarter mile east of Everglades Boulevard, in Section 16, Township 50 South, Range 28 East, Collier County, Florida. This site consists of 160 acres. Res, 2001-89 - Adopted with stipulations 5/0 4) THIS ITEM IS CONTINUED INDEFINITELY. Petition PUD-92-08(1) Bryan Milk of RWA, Inc., representing William T. Higgs, requesting a rezone from PUD to PUD known as White Lake Industrial Park PUD having the effect of changing the name to White Lake Corporate Park PUD, increasing the industrial land use from 67.4 acres to 86.3 acres, and 7 March 13,2001 14. changing the property ownership, for property located northeast of and adjacent to the intersection 1-75 and Collier Boulevard (C.R. 951), in Section 35, Township 49 South, Range 26 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS A. BCC Growth Management Workshop to be held Friday, March 16. BCC Health Care Finance Committee Workshop to be held after the regular meeting of April 24 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 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) Request to approve for recording the final plat of "Waterways of Naples, Unit Seven", and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. W/stipulations Continued to March 27, 2001 2) Request to approve for recording the final plat of "Jubilation" and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 3) Petition VAC 00-025 to vacate, renounce and disclaim easements recorded in separate instruments in the Public Records of Collier County, Florida, located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Res. 2001-72 8 March 13,2001 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase Two-A". Res. 2001-73 w/release of Maintenance Security 5) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase Two-B". Res. 2001-74 w/release of Maintenance Security 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Naples Heritage Golf and Country Club Phase One." Res. 2001-75 w/release of Maintenance Security Moved to Item #8A3 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Pelican Strand Replat 1-A". 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Candlewood Three". Res. 2001-76 wi release of Maintenance Security 9) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Marker Lake Villas". Res, 2001-77 w/release of Maintenance Security 10) The Board of County Commissioners approve a Budget Amendment to the Urban Improvement Grants Account due to non-receipt of anticipated grant monies. (Under the Neighborhood Revitalization category) 11) The Board of County Commissioners approve a Budget Amendment to the Urban Improvement Grants Account due to non-receipt of anticipated grant monies. (Under the Economic Development category) B. TRANSPORTATION SERVICES 1) Approve a contract with Mitigation Credit Sales Mitigation Banks as Iow bidder for the Livingston Road Project Wetland Impacts, Collier County Project No. 60071. In the estimated amount of $805,000,00 9 March 13, 2001 Added 2) Approve committee selection of firms for contract negotiations for Construction Engineering Inspections Services for various capital improvement roadway projects in Collier County. As outlined in the Executive Summary and the recommended $5,000,000.00 maximum initial contract amount per firm PUBLIC UTILITIES 1) Approve the wellfield agreement between Albertson's Inc and Collier County Water-Sewer District, Project No. 74039. WI approval of the necessary budget amendment 2) Approve the sole-source purchase and installation of additional landfill odor monitors and an associated Budget Amendment. From Arizona Instrument Corporation 3) Approve a Resolution to authorize the Public Utilities Administrator to execute a utility work agreement with the Florida Department of Transportation for work associated with U.S. 41. Res. 2001-78 PUBLIC SERVICES 1) Approval of an agreement with performers for the Country Jam Concert. W/Toby Keith in the amount of $45,000.00 2) Approval of a travel request for two members of the Collier County Community Health Care Planning and Finance Committee to attend the "Project Access" community event. (Staff request) SUPPORT SERVICES 1) Approve payment of Collier County's Pro-Rata Share of the repair costs to the East Naples Fire Control District's Station #21 (East Trail). In the amount of $57,251.92 and approval of the necessary budget amendment 2) Approval of a Lease Agreement between Collier County and Florida Department of Agriculture and Consumer Services. 3) Approval of an agreement to terminate lease between Collier County and Primesite Consulting Group, Inc., and Florida Rock and Sand Company, Inc. 10 March 13, 2001 4) 5) 6) 7) Authorization of Work Order VL-00-06 under the County's Annual Architectural Contracts for Victor J. Latavish, AIA to design a Sheriff's Substation at the Golden Gate Government Center Complex, Project No. 80535. In the amount of $58,900.00 Approve expenditure of over $25,000.00 for purchases based on quotes on Bid #99-2958 - Sprinkler Parts and Related Items. Approve expenditure of over $25,000.00 to Aaction Mulch of SW Florida Inc., for the purchase of mulch. Approval to award Bid #00-3175 to Advanced Air Refrigeration Inc., and Conditioned Air, Inc., as primary, and Modern Air Conditioning as secondary for the purchase, repair, maintenance and installation of air- conditioning equipment. EMERGENCY SERVICES 1) Recognize revenue and appropriate the monetary portion of the National Association of Emergency Medical Technicians "Provider of the Year Award". W/$1000.00 donation for EMS anniversary/award celebration COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-184; #01-197. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case Nos.: 3678-MMA, and 91-3679-MMA and 89-2152-CFA, RECOMMEND APPROVAL. 91- 2) Miscellaneous items to file for record with action as directed. 11 March 13, 2001 17. OTHER CONSTITUTIONAL OFFICERS 1) Approval of a Sheriff's Office United States Department of Justice COPS More 2001 Technology/Equipment Grant Application. COUNTY ATTORNEY Authorize application for tax deeds for 523 County-Held Tax Certificates and authorize notice to proceed to the Tax Collector. 2) Approve the agreed order awarding expert fees relative to the easement acquisition of parcel 107-T in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust Dated June 5, 1986, et al, Case No. 99-3040-CA (Livingston Road, Project No. 65041). Staff to deposit the sum of $7,520.00 into the Registry of the Court 3) Approve the agreed order awarding expert fees relative to the easement acquisition of parcels 41-T and 13-45 in the lawsuit entitled Collier County v. John B. Fassett, Trustee of the Anne M. Fassett Trust dated June 5, 1986, et al., Case No. 99-3040-CA (Livingston Road, Project No. 65041). Staff to deposit the sum of $10,562.50 into the Registry of the Court 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 PE-2000-5, Tom Masters, P.E., Director of Engineering, Vineyards Development Corporation, requesting a parking exemption for a shared parking agreement between Vineyards Development and the Lutgert Companies, on Outparcel 6 of the Crossroads Shopping Center in the Vineyards, located on the West side of Vineyards Boulevard. Res. 2001-79 Petition CU-2000-17, Herb Ressing Voicestream Wireless representing Big Corkscrew Island Fire Control District requesting a conditional use for communications tower on a parcel of land zoned "E" Estates for a property located on the Southside of Immokalee Road, just West of Randall Boulevard. This parcel consists of approximately 2.5 acres and contains the Big Corkscrew 12 March 13, 2001 Island Fire Control District Fire Station. Res. 2001-80 Petition VAC 00-021 to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 15' wide drainage easement in Tracts 4 and 5, according to the plat of "Wiggins Bay Phase I' as recorded in Plat Book 13, Pages 89 through 90, Public Records of Collier County, Florida located in Section 16, Township 48 South, Range 25 East. Res. 2001-81 THIS ITEM WAS CONTINUED FROM THE FEBRUARY 27 MEETING. Recommendation to accept a settlement proposal in the Case of Waldun Oaks of Naples Homeowners Association, Inc., et al., vs Collier County and BIC's Investment Corporation, Case No. 98-2540-CA and Case No. 98-3135-CA. THIS ITEM WAS CONTINUED FROM THE FEBRUARY 13 MEETING. Petition PUD-00-16, Robert Duane of Hole Montes & Associates, representing Ralph Aberica, requesting a rezone from "A" Agriculture to "PUD" Planned Unit Development to be known as Collier Boulevard mixed use commerce center PUD allowing for residential, commercial retail and office land uses for property located on the northwest quadrant of the intersection of 1-75 and Collier Boulevard (C.R. 951), in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2001-10 An Ordinance amending the future land use element of ordinance 89-05, as amended, the Collier County Growth Management Plan, for the unincorporated area of Collier County, Florida, by correcting scrivener's errors on the Future Land Use Map; providing for severability; and providing an effective date. Ordinance 2001-11 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 March 13, 2001