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Recap 04/10/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, April 10, 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 April 10, 2001 INVOCATION - Reverend George Lockhart, First Baptist Church of Golden Gate PLEDGE OF ALLEGIANCE APPROVAL OF AGENDAS Approved and/or Adopted with changes - 5/0 with the exception of Item #17E which was 4/0 (Commissioner Mac'Kie abstained) APPROVAL OF CONSENT AGENDA. APPROVAL OF SUMMARY AGENDA. APPROVAL OF REGULAR AGENDA. APPROVAL OF MINUTES Approved as presented - 5/0 March 9 BCC Strategic Planning Workshop March 13 Regular BCC Meeting March 16 BCC Growth Management Workshop PROCLAMATIONS AND SERVICE AWARDS PROCLAMATIONS 1) Proclamation proclaiming April 27th and 28th as "Relay For Life Weekend", to be accepted by Mr. Steve Wheeler, Executive Director, American Cancer Society. Adopted - 5/0 2) Proclamation proclaiming "The Conservancy of Southwest Florida as Earth Day Headquarters in Collier County", to be accepted by Mr. Joe Cox, Manager of the Naples Nature Center of The Conservancy of Southwest Florida. Adopted - 5/0 3) Proclamation proclaiming April 10th as "WORLD TENNIS CLUB, INC. APPRECIATION DAY", to be accepted by Ms. Valerie Stolts, General Manager of the World Tennis Club. Adopted - 5/0 SERVICE AWARDS Presented Twelve Year Award Presented to Bob Mulhere, Planning Services Director 2 April 10, 2001 Five Year Attendee: 1) 2) Robert Tweedie, Airport Authority (Not Presented) Guy Hall Ten Year Attendee: 3) Thomas Palmer, County Attorneys Office Fifteen Year Attendees: 4) S) Peter Bolton, EMS Walter Kopka II, EMS (Not Presented) Twenty Year Attendees: 6) 7) 8) 9) 10) 11) 12) William Peplinski, EMS Deborah Lichliter, EMS Ricardo Garcia, EMS Jeffrey Page, EMS Joseph Paul, EMS (Not Presented) Tom McGuire, EMS David Joseph, EMS C. PRESENTATIONS APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS Public Petition request by Dyrel Delaney to have the BCC consider the matter of home storm shelters. Petitioner to meet with Commissioner Coletta and bring info. back to Board (Consensus) Request for Public Petition by Kenneth B. Cuyler, representing Immokalee Friendship House, for County contribution to cover fees. Code Enforcement directed to stop all activities for 4 months to give Friendship House an opportunity to obtain a donated alternative impact fee study (Consensus) COUNTY MANAGER'S REPORT 3 April 10, 2001 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Accept the final Community Character Plan for Collier County, approve a Resolution endorsing the Plan's objectives, and direct staff to prepare recommendations on prioritizing the Plan's objectives and develop implementation strategies. Res. 2001-125 Adopted w/changes - 5/0 2) 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 Boulevard, right-of-way, on the west by occupied lot, and on the east by vacant lot. Approved with stipulations - 5/0 Moved from Item #16A2 3) Authorize the Collier County Natural Resources Director to apply for current and future derelict vessel removal grants. Approved - 5/0 Moved from Item #16A10 4) Award of Bid #01-3209 for artificial reef construction. Awarded to McCulley Marine, Inc. in an amount not to exceed $45,000.00 - 5/0 B. TRANSPORTATION SERVICES C. PUBLIC UTILITIES 1) Discuss the Florida Department of Environmental Protection Consent Order and authorize BCC Chairman to sign the FDEP Consent Order. Approved - 5/0 D. PUBLIC SERVICES 1) Approve an amendment to the Collier County Parks and Recreation Facilities License and Fee Policy related to the use of County boat launch facilities. Res. 2001-126 Adopted - 5~0. Staff authorized to advertise an ordinance amendment regarding collection procedures Approval of an updated Land Management Plan for Barefoot Beach Park Preserve. (DUE TO THE VOLUME OF THE CONTENTS, THE LAND MANAGEMENT PLAN WAS NOT INCLUDED IN THIS PRINTING AND 4 April 10, 2001 MAY BE VIEWED IN THE BOARD OF COUNTY COMMISSIONER~ OFFICE.) Approved - 5/0 E. SUPPORT SERVICES F. EMERGENCYSERVICES G. COUNTY MANAGER 1) Report regarding a ½ percent Local Option Infrastructure Sales Tax Referendum. Staff to advertise for an ordinance to be brought back on May 8 - With further directions - 5/0 H. AIRPORT AUTHORITY 9. COUNTY ATTORNEY'S REPORT Added A. Settlement offer of $10,000 in the case of Maxie D. Holmes v. Collier County, Case No. 2:00-CV-262-FTM-2929DNF. (County Attorney) Approved - 5/0 10. BOARD OF COUNTY COMMISSIONERS Appointment of members to the Radio Road Beautification Advisory Committee. Res. 2001-127 re-appointing Susan Saum and Wilfred Jaeger- Adopted 5/0 Appointment of member to the Black Affairs Advisory Board. Res. 2001-128 appointing Robert G. Jenkins - Adopted 5/0 Consideration of resolution supporting Citizens Right to Honest Government Act. (Commissioner Coletta) Res. 2001-129- Adopted 5/0 Continued Indefinitely D. Discussion regarding exemption of not-for-profit medical facilities under impact fee ordinance. (Commissioner Mac'Kie and Commissioner Fiala) Added E. Reconsideration of aqenda item 9(B) of the BCC March 27, 2001 Public Meeting. 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, 5 April 10, 2001 11. 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. (Commissioner Carter) To be reconsidered on May 8, 2001 - 5/0 OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC COMMENT ON GENERAL TOPICS 1) Bob Krasowski re solid waste issues 12. 13. 14. 15. PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS C. OTHER 1) THIS ITEM IS BEING CONTINUED TO THE APRIL 24, 2001 MEETING Approve an ordinance amending the Code of Laws and Ordinances of Collier County, Florida, amending Article VI, which regulates and controls litter, weeds and exotics within the unincorporated area of Collier County as promulgated by Ordinance No. 99-51. BOARD OF ZONING APPEALS ADVERTISED PUBLIC HEARINGS OTHER STAFF'S COMMUNICATIONS A. Introduction of Denton Baker as Financial Manager BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 6 April 10, 2001 Discussion by Commissioner Coletta regarding applicants for the Golden Gate Master Plan Committee and approval of a 2 week extension B. Naples Manor cleanup to be held April 21, 2001 C. Update by Commissioner Carter regarding the April 9 TDC meeting. D. Update by Commissioner Carter regarding legislative session in Tallahassee 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 with the exception of Item #17E which was 4/0 (Commissioner Mac'Kie abstained) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of the Mortgage and Promissory Note for a three hundred thousand ($300,000) dollar loan to Habitat for Humanity of Collier County, Inc. Moved to Item #8A3 2) Authorize the Collier County Natural Resources Director to apply for current and future derelict vessel removal grants. 3) Satisfaction of Code Enforcement Board Lien/Saldana, Dagoberto and Maria. 4) Satisfaction of Code Enforcement Board Lien/Zdravkovic, Trustee Grace and William. 5) Code Enforcement Lien Resolution approvals. Res. 2001-100 through 2001-108 6) Approve the release of purported lien for public nuisance Resolution 2000-386. 7) Accept a $300,000 Urban Infill and Redevelopment Grant from the Florida Department of Community Affairs. 7 April I0, 2001 Res. 2001.109 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Autumn Woods Unit Two". Res. 2001-110 9) Final acceptance of water utility facilities for Diamond Lakes, Units Two and Three. Moved to Item #8A4 10) Award of Bid #01-3209 for artificial reef construction. 11) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Glen Eagle Golf and Country Club, Phase Three". Res. 2001-111 w/release of Maintenance Security 12) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Villa La Palma at Bay Colony". Res. 2001-112 w/release of Maintenance Security 13) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Northbrooke Plaza". Res. 2001-113 w/release of Maintenance Security B. TRANSPORTATION SERVICES 1) Approve Bid No. 01-3202, purchase and delivery of organic and inorganic mulch. Awarded to Forestry Resources Landscape Supply, Inc., Superior Pine Straw & Aaction Mulch of SW FL, Inc. 2) Adopt a resolution authorizing the acquisition of land by gift or purchase of fee simple title interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility, drainage and maintenance interests and/or temporary interests by easement for the construction of the six-laning improvements for Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road Project, CIE No. 65, Project No. 60134. Res. 2001-114 w/approval of the necessary budget amendment 3) Approve a construction agreement between Collier County and the Florida Department of Transportation (FDOT) for modifications to the signal and street lighting system on US 41 East (SR 90). Res. 2001-115 8 April 10, 2001 4) 5) Accept a road right-of-way easement from Julio F. and Dina J. Ordonez, required for the construction of a turn lane at 5th Street SW for the Golden Gate Boulevard project, CIE Project No. 62 (ultimate four-lane roadway). Award RFP #00-3152 for an environmental consultant for Clam Bay restoration to Turrell and Associates, Inc., and that the Chairman be authorized to execute the contract documents upon Attorney review. PUBLIC UTILITIES 1) 2) 3) 4) 5) 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. 6) Approve purchase of services from the Florida Geological Survey for services to obtain continuous geologic cores to supplement exploratory drilling related to reclaimed water aquifer storage and recovery, Project 74030. 7) Approve selection and award contract with Youngquist Brothers, Inc., for deep injection well construction, RFP 01-3193, Project 70054. 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 1991 Solid Waste Collection and Disposal Services Special Assessments. Res, 2001-116 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, 2001-117 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. 2001-118 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. 2001-119 9 April 10, 2001 E= 8) 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. 2001-120 10) Award negotiated annual contracts for professional utility engineering services, RFP 00-3119. Awarded to Camp Dresser & McKee, Greeley & Hansen, Hazen & Sawyer, Hole, Montes & Associates, Inc., Malcolm Pirnie and Metcalf & Eddy 11) Request a budget amendment of $675,000 to pay JC Drainfield invoices for hauling wastewater from the North County Water Reclamation Facility. 12) Approval and execution of satisfactions of notice of promise to pay and agreement to extend payment of water and/or sewer system impact fees. 13) Approval and execution for satisfaction of claim of liens for water and/or sewer system impact fees. Amend professional services agreement with Focus Engineering, Inc., for engineering services related to Pelican Bay fire and irrigation water system improvements, RFP-00-3051, Project 74023. PUBLIC SERVICES 1) 2) Authorize the Parks and Recreation Department to operate Park Ranger Camps this Summer, 2001. Award of Bid #01-3196 for Arts and Craft Supplies. Awarded to Dick Blick in the amount of $40,000.00 SUPPORT SERVICES 1) 2) Approve a budget amendment to recognize revenues and expenses related to the sale of personal computers to employees and to authorize the transfer of items associated with the County surplus auction back into the County's inventory. As outlined in the Executive Summary Approval of a resolution ratifying specific expenditures for employee recognition meetings as serving a valid public purpose, Res. 2001-121 l0 April 10, 2001 Deleted Added 3) Recommendation to Award Bid No. 01-3201, pump and motor repair for County-wide maintenance of equipment. 4) Approve budget amendments to transfer funds to cover cost of purchasing two digital tape decks to broadcast Channel 54 programming. EMERGENCY SERVICES 1) Approve a standard County contract with Harvard Jolly Cless Toppe Architects with Scharf & Associates for design services for the new Collier County Emergency Services complex. 2) Direct and authorize the County Manager to create a separate pay grade and classification group for EMS field personnel. (Staff) COUNTY MANAGER 1) This item has been deleted. 2) Approval of Budget Amendment Report - Budget Amendment #01-238; #01-242. As outlined in the Executive Summary AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Anti-Drug Abuse Act Formula grant program. 2) Approve an increase of eight sworn law enforcement officers in the 2000/2001 Sheriff's office budget for the United States Department of Justice three year COPS in Schools grant program 11 April 10, 2001 17. 3) Presentation of the State of Florida Annual Local Government Financial Report for the Fiscal Year 1999-2000. L. COUNTY ATTORNEY 1) Approve the settlement in Bonita Grande Sand v. Collier County, Case No. 99-2081-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, pursuant to which the County would pay $10,000 and convey to Bonita Grande Sand Company, Title to the sand currently being stored at Bonita Grande Sand and all claims against the County would be dismissed with prejudice. Said settlement was arrived at during settlement negotiations. 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. Adoption of an ordinance to increase the tapping fee for potable water meters with service line installations and to add a tapping fee for potable water meters without service line installations. Ord. 2001-18 B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBERS. Petition VAC 00-023 to disclaim, renounce and vacate any and all of the County's and the public's interest in the 12' wide Bay Colony Shores drainage easement and the 10' wide utility easement along the lot line common to sites 10 and 11 and the 12' wide Bay Colony Shores drainage easement on Tract "A" contiguous to sites 10 and 11, as depicted on the plat of "Pelican Bay Unit Ten" as recorded in Plat Book 15,, Pages 64 through 67, Public Records of Collier County, Florida, located in Section 33, Township 49 South, Range 25 East. Res. 2001-122 THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY COMMISSION MEMBER~. Petition VAC 01-001 to disclaim, renounce and vacate the County's and the public's interest in the 10'wide utility and drainage easement located along the lot line common to lots 23 and 24, Tract 5, according to the plat of "Olde Cypress, Unit 12 April 10, 2001 Three" as recorded in Plat Book 32, Pages 84 through 86, Public Records of Collier County, Florida, and to accept a relocated 10' wide utility and drainage easement on said lots 23 and 24, located in Section 21, Township 48 South, Range 26 East. Res. 2001-123 THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN IN AND EX PARTr' DISCLOSURE BE PROVIDED BY COMMISSION MEMBER-% CU-2000-21, William L. Hoover, AICP, of Hoover Planning & Development, Inc., representing Dr. Loren L. Hoffman of Rising Stars Preschool, Inc., requesting conditional use "4" of the "C-5" Zoning District for child day care services per Section 2.2.15 ½.3 for property located on the west side of Naples Boulevard, approximately 1000 feet north of Pine Ridge Road in Section 11, Township 49 S., Range 25 E., Collier County, Florida. Res. 2001-124 Adoption of an ordinance repealing, in its entirety, Collier County Ordinance No. 2000-82, the Pelican Bay Services District Ordinance, and providing that Collier County Ordinance No. 90-111, as amended, creating and providing for the Pelican Bay Municipal Service Taxing and Benefit Unit and its advisory committee, continue in full force and effect; providing for inclusion in code of laws and ordinances; providing for conflict and severability; and providing for an effective date. Ord. 2001-19 (Commissioner Mac'Kie abstained) 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 13 April 10, 2001