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Recap 03/27/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, March 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 March 27, 2001 INVOCATION - Reverend Susan Diamond, First Christian Church PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 APPROVALOFCONSENTAGENDA. APPROVAL OF SUMMARY AGENDA APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented - 5/0 February 27, 2001 Regular Meeting March 2, 2001 Transportation Workshop March 7, 2001 TDC Workshop PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation proclaiming the month of April 2001 as "Conservancy Volunteer Month". To be accepted by Ms. Kathy Prosser, President and CEO of The Conservancy of Southwest Florida. Adopted - 5/0 2) Proclamation recognizing the Collier County Stormwater Department by the South Florida Water Management District as the recipient of a $49,000 funding award. To be accepted by John Boldt, Director of Stormwater Management. Adopted - 5/0 3) Proclamation proclaiming April 4, 2001 as "KICK BUTTS DAY" in Collier County. To be accepted by: Mr. Bob Troesch - "Students Working Against Tobacco". Adopted - 5/0 4) Proclamation proclaiming March 30, 2001 as "Cleveland Clinic Florida Hospital-Naples Grand Opening Day". To be accepted by Mr. Fielding Epstein, Administrator, Cleveland Clinic Florida Hospital-Naples. Adopted - 5/0 SERVICE AWARDS Presented 2 March 27, 2001 Five Year Attendees: 1) 2) 3) 4_1 Reuben Marquez, Road and Bridge Guy Hall, Domestic Animal Services Bret Popma, Parks and Recreation Marilyn Griffin, Parks and Recreation Ten Year Attendees: 5) David Fitts, Wastewater Fifteen Year Attendees: 6) 7) Steve Ritter, Transportation James Capps, Transportation PRESENTATIONS 1) Recommendation to recognize Robert DeCamp, Program Supervisor, Parks and Recreation Department, as Employee of the Month for March 2001. Recognized 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) Adopt Resolution opposing House Bill 949 and any other Legislation proposed to rescind the eminent domain authority of Collier County or to otherwise restrict or limit Collier County jurisdiction over local water and wastewater utilities. Res. 2001-95 - Adopted 5/0 2) Petition recommendation to approve commercial excavation Permit No. AR-444 "Creative Homes III Commercial Excavation" located in Section 16, Township 48 South, Range 27 East, bounded on the north by vacant lot, on the south by 35th Avenue N.W. right-of-way, on the west by vacant lot, and on the east by vacant lot. 3 March 27, 2001 Approved - 5/0 Moved from Item #16A11: 3) Request to approve for recording the final plat of "Briarwood Unit Seven". Approved; staff to work with developer and homeowners' association and come to the Board in 30 days with a report. 5/0 4) Moved from Item #16A12: 5) Request to approve for recording the final plat of "Briarwood Unit Nine" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved; staff to work with developer and homeowners' association and come to the Board in 30 days with a report - 5/0 Moved from Item #16A13: 6) Request to approve for recording the final plat of "Briarwood Unit Ten" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Approved; staff to work with developer and homeowners' association and come back to the Board in 30 days with a report - 5/0 B. TRANSPORTATION SERVICES Moved from Item #16B3: 1) Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24. Staff's recommendation approved - 5/0 C. PUBLIC UTILITIES 1) Review staff's progress report on the negotiations with Waste Management, Inc. (WMI) and Immokalee Disposal Company (IDC), and select the Board's preferred options, and then authorize staff to complete the negotiations with WMI and IDC. Staff's recommendations accepted and staff to prepare ordinance regarding mandatory recycling - 5/0 2) Update to the Board of County Commissioners on the capacity issues with the North County Water Reclamation facility. Resolution 2001-96 regarding Interiocal Agreement -Adopted 5/0 Hold Harmless - Approved 5/0 Consent Order without penalty - Approved 5/0 4 March 27, 2001 D. PUBLIC SERVICES E. SUPPORT SERVICES F. EMERGENCYSERVlCES G. COUNTY MANAGER 1) THIS ITEM CONTINUED FROM 3/14/01 BCC MEETING. Review of the written and oral report of the Bayshore/Avalon Beautification MSTU Advisory Committee. Report Accepted 4/0 (Commissioner Carter out) H. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT - THESE ITEMS TO BE HEARD AT THE CONCLUSION OF THE REGULAR AGENDA Report on status of settlement negotiations in Collier County v. Marshall, Case No. 99-2009-CA-TB, pending in the Twentieth Judicial Circuit Court (prescriptive easement claim for Miller Boulevard Extension) and request for Board direction. Staff to negotiate a road maintenance plan/temporary use agreement and bring back to the Board in 45 days (Consensus) Request for Board direction regarding Section 163.3215, FLA. Stat., verified complaint from Vanderbilt Shores Condominium Association, Inc., Vanderbilt Club Condominium Association, Inc., The Mansions Condominium Association, Inc., Gulf Cove Condominium Association, Inc., and Vanderbilt Beach and Bay Association, Inc., challenging the County's approval of SDP-2000-108 for the Vanderbilt Beachcomber Resort as inconsistent with the County's Comprehensive Plan. Previous decision approved. No legal basis to set aside - 4/1 (Commissioner Fiala opposed) Recommendation, pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorize the office of the County Attorney and the Risk Management Department to retain outside counsel to represent an individual County employee sued in Ricketts v. Collier County, Case No. 2:01- CV-76-FTM-29DNF, United States District Court for the Middle District of Florida, and waive the purchasing policy to the extent it applies to the selection of outside counsel. Staff recommendation approved; purchasing policy waived - 4/0 (Commissioner Carter out) 5 March 27,200! Closed attorney-client session pursuant to Section 286.011(8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Kimberly D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, a local county government, Case No. 99-534-CIV-FTM-29DNF, pending in the U.S. District Court, Middle District, Fort Myers Division. THIS IS COMPANION ITEM TO ITEM 9.D TO BE HEARD IMMEDIATELY AFTER ITEM 9.D. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Kimbedy D. Dalton v. Isle of Capri Fire and Rescue District, a division of Collier County, Case No. 99-534-CIV-FTM- 29DNF, pending in the United States District Court for the Middle District of Florida. County Attorney to make a counter-offer in the amount of $7,801 - 4/0 (Commissioner Carter out) Closed attorney-client session pursuant to Section 286.011 (8), Fla. Stat., to discuss settlement negotiations and/or strategy related to litigation expenditures in Maxie D. Holmes v. Collier County, a political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the U.S. District Court, Middle District, Fort Myers Division. THIS IS COMPANION ITEM TO ITEM 9.F TO BE HEARD IMMEDIATELY 10. AFTER ITEM 9.F. Request for Board direction regarding settlement negotiations and litigation expenditures in the case of Maxie D. Holmes v. Collier County, a political subdivision of the State of Florida, Case No. 2:00-CV-262-FTM-24D, pending in the United States District Court for the Middle District of Florida. County Attorney to seek additional discovery and report back to the Board in late April or early May - 4/0 (Commissioner Carter out) BOARD OF COUNTY COMMISSIONERS Appointment of members to the Collier County Health Facilities Authority. Res. 200'1-97 appointing George C. Mohlke, Jr. and N. Rex Ashley - Adopted 4/0 (Commissioner Carter out) Discussion regarding shellfish farming in Everglades City. (Commissioner Coletta) BCC Support endorsed - 4/0 (Commissioner Carter out) 1'1. OTHERITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY 6 March 27, 2001 1) THIS ITEM TO BE HEARD AT 1:00 P.M. Recommendation that the Community Redevelopment Agency Board approve a resolution adopting bylaws for the CRA and the local redevelopment advisory boards; appoint the Immokalee Enterprise Zone Development Agency as the local redevelopment advisory board for Immokalee; direct staff to advertise positions for the Bayshore/Gateway Triangle Local Advisory Board to be appointed by the CRA at a future meeting; and to elect a new Vice- Chairperson. Res. 2001-98 -Adopted 4/0 (Commissioner Carter out). Commissioner Fiala appointed as Vice Chairman - 4/0 (Commissioner Carter out) C. PUBLIC COMMENT ON GENERAL TOPICS 1) 2) 3) Al Perkins on various topics Emilio Biaz Mr. Morrera PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS B. OTHER 14. STAFF'S COMMUNICATIONS County Manager suggested that the Board mention up-coming events for advertising during open sessions in lieu of requesting same through the Public Information Office. B. County Manager to be on vacation from March 30 through April 6, 2001. 15. BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 7 March 27, 2001 A. Naples Manor Clean-Up to take place on April 21, 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) Execute satisfaction of lien established upon recording of an order reducing fine/lien in Collier County v. Homer Betancourt. 2) Request that the Board approve a resolution providing for the establishment of an Advisory Committee to provide input and assist staff with the restudy of The Golden Gate Area Master Plan. Res. 2001-90 3) Petition CARNY-2001-AR-441, Peggy Ruby, Collier County Parks and Recreation Department, requesting permit to conduct a carnival (Country Jamboree) from April 6 through 7, 2001, on County-owned property at the Vineyards Community Park site located on Arbor Boulevard. CP-2001-05 and waiver of carnival fee, occupational license and surety bond 4) Request to approve for recording the final plat of "Cedar Hammock Unit Three" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 5) Request that the Board of County Commissioners approve an additional Senior Planner position in the Comprehensive Planning Section, Planning Services Department, and the accompanying amendment to the adopted FY 01 County Budget. 6) Execute Satisfaction of Lien arising out of order imposing fine/lien in Code Enforcement Board case entitled Collier County v. William E. and Beverly M. Murphy. 8 March 27, 2001 7) Request to approve for recording the final plat of "Naples Elks Lodge #2010". 8) Request to approve for recording the final plat of "Tre Tierra" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 9) Request to approve for recording the final plat of "Valencia Lakes Phase I-A" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations lO) Final acceptance of water utility facilities for Glen Eagle cart barn. Release of Utilities Performance Security to the Project Engineer of the Developer's Agent Moved to Item #8A3: 11) Request to approve for recording the final plat of "Briarwood Unit Seven". Moved to Item #8A4: 12) Request to approve for recording the final plat of "Briarwood Unit Nine" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Moved to Item #8A5 13) Request to approve for recording the final plat of "Briarwood Unit Ten" and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Added: 14) 15) THIS ITEM WAS CONTINUED FROM THE MARCH 137 2001 MEETING. 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. W/stipulations Recommendation that the Board of Collier County Commissioners approve the Release of Purported Lien for Public Nuisance - Resolution 98-308. (Staff request) B. TRANSPORTATION SERVICES 1) Approve funding of four new vehicles within the Transportation Services Division and approve budget amendments to transfer funds for the new 9 March 27, 2001 vehicles. 2) Accept access and maintenance easements from the Fountains Condominiums that will facilitate the County in maintaining an existing drainage easement north of Rattlesnake-Hammock Road. Moved to Item #8B1: 3) Approve committee ranking of firms for contract negotiations for Professional Engineering Services for Vanderbilt Beach Road. Collier County Project No. 63051, CIE No. 24.1 4) Approve a policy allowing County employees to purchase monthly bus passes through payroll deduction and that the County provide a 50% match as an employee benefit. C. PUBLIC UTILITIES 1) Approve Work Order PUED-MS-29 to Mitchell & Stark Construction Company, Inc. for Royal Palm Irrigation Pump Station Improvements, Contract 00-3087, Project 73916. In the amount of $105,960 2) Approve re-appropriation budget amendments for the North County Regional Water Treatment Plant chemical feed piping replacement, Project 70890. 3) Accept a utility easement from Imperial Golf Club, inc. that will facilitate the County in upgrading and improving an existing reclaimed water main, Project 74015. 4) Approve budget amendment to recognize transfer of monies from Fund 001 - Parks and Recreation to Fund 195. D. PUBLIC SERVICES 1) Award of Bid 00-3198 to Leo's Sod to renovate the ball fields at Golden Gate Community Park. In the amount of $57,400 2) Authorize the Collier County Public Library to submit an application for a Library Services and Technology Act Grant, and authorize the Chairman of the BCC to sign certification for the grant. 3) Approve a purchase agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. 10 March 27, 2001 W/Jennifer M. Rowland and Marguerite R. Joy in the amount of $80,000 Continued Indefinitely: 4) Approve one easement agreement to allow for a walkway, bike path and green space to be constructed for recreational purposes. s) Approve a Limited Use License Agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified County-owned property for conducting a July 4th Fireworks Festival. To be held at Sugden Regional Park 6) Authorization to combine two part-time positions to one permanent full- time position. For the Outreach Coordinator position E. SUPPORT SERVICES 1) Request to recognize additional revenue in Cost Center 100130 and approve a budget amendment to transfer funds to Operating Expenses. For leasing a color printer for the Department of Public Information 2) Contract Amendment No. Two for RFP 97-2675, "Pre-Employment Physicals and Drug Testing". W/Community Health Partners F. EMERGENCYSERVlCES 1) Approval to enter an agreement with the Florida Department of Community Affairs for the development of a terrorism annex to the Comprehensive Emergency Management Plan and conduct an exercise to validate the annex. Res. 2001-91 2) Approval of the amended collective bargaining agreement between the Board of County Commissioners and the International Association of Fire Fighters, Local 3670. 3) Agreement approval and adoption of resolution authorizing the acceptance of said agreement between the State of Florida, Department of Community Affairs and Collier County for funds to be used for shelter enhancement at Gulf Coast High School. Res. 2001-92 11 March 27, 2001 17. G. COUNTY MANAGER 1) Approval of Budget Amendment Report - Budget Amendment #01-205; #01-213; #01-226; #01-229. H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. K. OTHER CONSTITUTIONAL OFFICERS 1) Approve payment of medical costs associated with Kevin Saunders from General Fund Reserves. In the amount of $164,099.81 L. COUNTY ATTORNEY 1) Approve the settlement providing payment by the Defendants to Collier County in a special assessment lien foreclosure action entitled Collier County v. Christina Davenport, et al., Case No.: 96-2319-CA. 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. An Ordinance amending Collier County Ordinance No. 2001-03, the Collier County Coastal Advisory Committee; amending Section Three, appointment and composition, terms of office, attendance and filing of vacancies; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ord. 2001-14 B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. PUD- 12 March 27, 2001 2000-19, George L. Varnadoe, ESQ., of Young, Van Assenderp, Varnadoe and Anderson, P.A., representing Antaramian Capital Partners, LLC, requesting a rezone from "C-4" to "PUD" Planned Unit Development to be known as Sandpiper Village PUD, for a maximum of 180 multi-family dwelling units and a maximum of 45,000 commercial and general office uses, and recreational amenities, for property located on the south side of Tamiami Trail East (U.S. 41 ) in Section 11, Township 50 South, Range 25 East, Collier County, Florida, consisting of 14.99+/- acres. Ord. 2001-15 C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. V-2000- 34, Don Kirby and Susan Young Kirby, of Construction Courier Services, representing Handy Food Stores Incorporated, requesting a variance of 20 feet from the required 50 foot front yard setback requirement for a gas station canopy and fuel pumps to 30 feet for property located at 2902 Lake Trafford Road, Immokalee. Res. 2001-93 D. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition V-2000-36, Craig R. Stephens of Stephens Design Group representing Adco Group requesting a 35 foot variance from the 50 foot rear yard requirement when abutting a residential property, to 15 feet for a property located on Railhead Boulevard and is further described as Lot 35, Railhead Industrial Park, Collier County, Florida. Res. 2001-94 E. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition PUD-99-21, Mr. William Hoover of Hoover Planning, representing Lloyd G. Sheehan, Trustee, requesting a rezone from "A" Agricultural and "GC" Golf Course to "PUD" Planned Unit Development to be known as Castlewood at Imperial PUD allowing for 34 residential dwelling units for property located on the north side of Imperial Golf Course Boulevard and approximately one-quarter mile east of Tamiami Trail (US-41), in Section 14, Township 48 South, Range 25 East, Collier County, Florida, consisting of 21.16 acres more or less. Ord. 2001-16 F. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Pud-98- 14(1 ), George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Granada Shoppes Associates, Ltd., requesting a rezone from "PUD" to "PUD" Planned Unit Development having the effect of amending the PUD document and PUD master plan to add a hotel as an authorized use and to reduce authorized retail and office space in lieu of said 175-room hotel, for 13 March 27, 2001 property located on the southeast corner of U.S. 41 and Immokalee Road (S.R. 846) in Section 27, Township 48 South, Range 25 East, Collier County, Florida, consisting of 39.23 +/- acres. Ord. 2001-17 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 14 March 27, 2001