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Recap 09/25/2001 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 25, 2001 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 1 September 25, 2001 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. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES e Ae Approval of today's regular, consent and summary agenda as amended Approved and/or Adopted with changes - 5/0 PROCLAMATIONS Ae TIME CERTAIN 12:00 NOON. Proclaiming Tuesday, September 25, 2001 as "Naples Braves Softball Recognition Day". Adopted - 5/0 Continued to October 9, 2001 B. Proclaiming the week of October 7-13,2001 be designated as "National 4-H Week". e Ce Proclamation recognizing the Collier County Planning Staff and the Select Committee as the recipients of the prestigious Florida Chapter of the American Planning Association Award of Excellence for the Community Character Plan for Collier County, Florida. Adopted 5/0 SERVICE AWARDS Presented Five Year Attendees: 1) Michael Cumm, Wastewater Collections 2) Pedro Rodriguez, Road and Bridge 3) Beverly Fields, EMS 4) James Wiggins, Utility Franchise 2 September 25, 2001 5) Diana Compagnone, Planning Services 6) Karen Arnold, Public Information 7) Jeffery Coar, EMS Fifteen Year Attendees: 8) 9) 10) 11) 12) 13) Edward Morad, Jr., Code Enforcement Jacinto Cervantes, Parks and Recreation Constance Johnson, Community Development William Flynn, Transportation Engineering James Garn_mell, Wastewater Collections William Bryant, Graphics Department Twenty Year Attendee: 14) Harold Huber, Parks and Recreation PRESENTATIONS A. This item has been deleted. Be Presentation of the Annual Telly Award to the Department of Public Information. Presented De Ee Recommendation to recognize Don Jeffery, Community Center Aide, as Employee of the Month for August 2001. Recognized Recommendation to recognize Don Blalock, Technical Professional, Community Development, as Employee of the Month for September 2001 Recognized. Presentation to the Board of County Commissioners by State Senator Burt Saunders and State Representative Dudley Goodlette of a Grant Award in the amount of $130,328.00 from the Department of Environmental Protection for the Immokalee Airport Park. Presented 3 September 25, 2001 Presentation to Denise Kirk and Jim Royce for achieving the Golden Web Award for the Recycling website. Presented PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS Public Comments on General Topics. 1)Al Perkins re: government issues, terrorism & voting; 2)Herb Luntz (w/Jim Thomas & John Vie) re: support from BCC to be coordinator for the 'Greater Naples Collier County Salute to America Parade' to held on Veteran's Day, November 11, 2001 -Approved 5/0 Public Petition request regarding Malibu Lakes PUD. Private parties to continue negotiations to work out the problems BOARD OF ZONING APPEALS This item requires that all participants be sworn in and ex part, disclosure be provided by Commission members. CU-01-AR-1156, Robert L. Duane of Hole Montes, Inc. representing Collier County Public Works (Utilities) Department, requesting a Conditional Use for an essential service within the Rural Agriculture Zoning District to allow for an expansion of the South County Water Reclamation Operation for property located on the West side of Wildflower Way and the East side of Warren Street, in Section 20, Township 50 South, Range 26 East, Collier County, Florida. Res. 2001-374 - Adopted 5/0 THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER I11 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition VA-01-979, Terrance L. Kepple, PE, representing Shader- Lombardo Properties, LLC, requesting an after-the-fact variance of 12.1 feet from the distance between structures requirement as provided for in the Vanderbilt Villas PUD from 20 feet to 7.9 feet for property located at 515 Roma Court and Lot 22, in Section 21, Township 48 South, Range 25 East, Collier County, Florida. Continued to October 9, 2001, at the request of the petitioner - 5/0 4 September 25, 2001 8. ADVERTISED PUBLIC HEARINGS A. This item has been deleted. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition RZ-01-AR- 823, Mr. Tim Hancock of Vanassc and Daylor, LLP, representing thc Sunset LLC, requesting a rezone from "GC" Golf Course to the "RSF-4" Residential Single Family Zoning District to allow for a maximum of 12 single family dwelling units for property located at the Northeast end of Forest Hills Boulevard, in Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 3.51 acres more or less. Ord. 2001-52 Adopted - 5/0 THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23, 2001 BCC MEETING. PUD-2000-21, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing Robert Vocisano and Angelo Favretto, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Terafina PUD for a maximum of 850 residential dwelling units, golf course, clubhouse, and a maximum of 40,000 sq. ft. of Neighborhood Village commercial retail uses, for property located approximately 1.5 miles East of 1-75, one mile North of Immokalee Road (C.R. 846), in Section 16, Township 48 South, Range 26 East, Collier County, Florida consisting of 646.5+ acres. D. THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23~ 2001 BCC MEETING. Consolidate the Utility Standards and Procedures Ordinance. E. THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUD-2001-432 Karen Bishop of PMS, Inc. of Naples, representing Kenco Development Inc., requesting a rezone from "PUD" Planned Unit Development and "A" Rural Agricultural to "PUD" Planned Unit Development known as Indigo Lakes PUD to be known as Indigo Lakes PUD for the purpose of increasing acreage from 140.85 acres to 181.37 acres and reducing density from 3.14 to 2.43 units per acre for a maximum of 442 residential dwelling units for property located on Collier Boulevard 5 September 25, 2001 Continued F. (CR 951), South of the existing Oak Ridge Middle School, in Section 27, Township 48 South, Range 26 East, Collier County, Florida. Ord. 2001-53 Adopted w//staff stipulations - 4/0 (Commissioner Mac'Kie abstained) to October 9, 2001 THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11, e 10. 2001 BCC MEETING. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2001-AR-702, Margaret Perry, AICP, of Wilson Miller Inc., representing Eagle Creek Properties Inc., requesting an amendment to the Eagle Creek PUD having the effect of amending the PUD document to allow self storage facilities and related accessory structures for the exclusive use of Eagle Creek residents as a permitted use, for property located at 401 Tower Road, in Section 3, Township 51 South, Range 26 East, Collier County, Florida, consisting of 298+ acres. BOARD OF COUNTY COMMISSIONERS Be Do Appointment of members to the Collier County Planning Commission. Res. 2001-375 appointing Lindy Adelstein, Russell A. Budd & Paul Midney - 5/0 Appointment of members to the Hispanic Affairs Advisory Board. Res. 2001-376 appointing Carlos Aviles & Pete Cade - 5/0 Resolution condemning cowardly and deadly terrorist actions at the World Trade Center in New York and the Pentagon in Washington, DC. Res. 2001-377 - Adopted - 5/0 Finalize the Annual Performance Appraisal for the County Manager and County Attorney. Recommend 2.5% merit increase for County Manager - Approved - 5/0 Resolution regarding Collier County's support of adequate funding for the U.S. Farm Bill Agricultural Conservation and Stewardship Programs. Res. 2001-378 - Adopted w/changes - 5/0 COUNTY MANAGER'S REPORT 6 September 25, 2001 Added A. Authorize charitable solicitations by the fire districts to raise funds for fallen fire fighters in New York City. (Staff request.) Approved - 5/0 Moved from Item #16D2: B. Approval of an Agreement for Fiscal Year 2001-2002 funding contribution to the David Lawrence Mental Health Center, Inc. Approved w/Clerk to conduct audit of funds - 5/0 11. AIRPORT AUTHORITY 12. COUNTY ATTORNEY'S REPORT 13. 14. Ao Recommendation for the Board of County Commissioners to consider settlement in Dolphin Cove Development of Goodland, Inc. v. Collier County, now pending in Certiorari Proceedings in the Second District Court of Appeal (Case No. 2D01-3352) and also as a damages lawsuit in the United States District Court for the Middle District of Florida (Case No. 2:01-CV-77-FTM-29DNF). Approve settlement proposal for $4,588,000 - 5/0 Be Recommendation for the Board of County Commissioners to consider settlement in Collier County v. Marshall, et al, Case No. 99-2009-CA-TB, now pending in the Twentieth Judicial Circuit Court (County's Prescriptive Easement Claim for Miller Boulevard Extension). Rejected settlement offer- direction to resume mediation and return w/ proposal - 5/0 OTHER CONSTITUTIONAL OFFICERS FUTURE AGENDAS 15. STAFF AND COMMISSION GENERAL 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. 7 September 25, 2001 Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Pelican Strand Replat 1-A". Res. 2001-367 2) 3) 4) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Pelican Strand". Res. 2001-368 Request to approve that the Board of County Commissioners be a Primary (Gold) Sponsor for the 2nd Annual Planning Symposium on Smart Growth. To be held on November 8, 2001, at the Bonita Springs Elks Club from 8 A.M. to 12:30 P.M. at a cost of $500 Request to approve for recording the final plat of "Carlton Lakes Unit No. 3B". s) 6) 7) Request to approve for recording the final plat of"Mediterra Parcel 120", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Subject to Construction and Maintenance Agreement, security and stipulations. Approval of clearing and filling for 30 residential lots in Leawood Lakes Subdivision. Upon issuance of a VRSFP and the posting of a $13,000 revegetation security bond. Request to approve for recording the final plat of "Habitat Village" and approval of the Standard Form and Construction and Maintenance Agreement and approval of the amount of the Performance Security. With stipulations 8 September 25, 2001 Be 8) 9) lO) 11) Approval of an agreement with the Economic Development Council of Collier County, Inc. (EDC) to execute continuation of the Economic Diversification Program and provide a contribution of up to $400,000 for Fiscal Year 2001-02. Recommendation that the Board of County Commissioners approve and execute a Satisfaction of Lien arising out of an order imposing fine/lien in Code Enforcement Board Case entitled Board of County Commissioners v. Ronnie Parks. The county may bid up to the amount of its judgment ($1,512,998) w/stipulations Authorization to amend the Consulting Services Agreement with RWA, Inc. to include both the Rural Fringe Area Oversight Committee and the Eastern Lands Oversight Committee for the duration of the Rural and Agricultural Assessment Process. Final negotiated contract not to exceed $27,300 for continuation of consulting services for the Rural Fringe Area Assessment and $52,500 for the Eastern Area Assessment 2001 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising/promotion and special events. TRANSPORTATION SERVICES 1) Approve Bid #01-3258 "Vanderbilt Drive Beautification Grounds Maintenance" Awarded to Commercial Land Maintenance, Inc. 2) Approve Bid #01-3270 "SR90 - US41 Tamiami Trail East Streetscape Beautification, Phase B". Awarded to Evans Holdings, LLC, dba Landscape Florida 3) Approval of Contract No. C-12261 with the South Florida Water Management District (SFWMD) for cost sharing to obtain topographic aerial mapping in the Belle Meade Basin Area (Project No. 31012). In the amount of $135,000 9 September 25, 2001 Added Added 4) S) 6) 7) 8) Request for speed limit reduction from thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH) on all local access streets in the Orangetree Subdivision. Res. 2001-369 (Bounded by Immokalee Road (CR846) on the West and Oil Well Road (CR858) on the North; estimated cost of speed limit signs is $90) Request Board approval of a Right-of-Way Use Agreement between Collier County and the La Playa Hotel development. Award of RFP 01-3253 "Installation, Maintenance, and Repair of Traffic Signals". Awarded to E. B. Simmonds Electric, Mid-Continent Electric and Designed Traffic Installation Recommendation to conceptually approve a contract amendment to the agreement between the Board of County Commissioners and APAC-Florida, Inc. to allow pipe replacement and repair on Golden Gate Boulevard. (Staff request.) Adopt a resolution authorizing the acquisition by condemnation of a fee simple interest in real property for the construction of roadway improvements for the phase two Livingston Road project from Golden Gate Parkway to north of Pine Ridge Road, CIE No. 52 (Project No. 60071) (Staff request.) Res. 2001-370 C. PUBLIC UTILITIES 1) 2) 3) Approve Annual Rate Resolution to adjust Landfill Tipping Fees, Transfer Station Fees, Residential Annual Assessments and Commercial Waste Collection Fees for FY2001/2002. Res. 2001-371 Amend Professional Services Agreement with Hazen and Sawyer, PC for Engineering Services related to the North County Water Reclamation Facility, Projects 73031/73067/73077/73950. Approve Tourism Agreement with the City of Naples for Beach Maintenance and Inlet Management Projects. 10 September 25, 2001 Added De For 1) Doctors Pass Inlet Monitoring and 2) South Gordon Drive T-Groin Monitoring 4) Status of Near-Term Capacity Improvements at the South County Water Reclamation Facility, Project 73128. s) Approve Budget Amendments for the Collier County Water/Sewer District to recognize additional loan proceeds for the construction of the North County Water Reclamation Facility 5-MGD Expansion, Project #73031. 6) Approve a budget amendment for beach cleaning related to Tropical Storm Gabrielle. (Staff request.) PUBLIC SERVICES 1) Acceptance of Library Current Year Action Plan and approval of Library State Aid Application. Moved to Item#10B 2) Approval of an Agreement for Fiscal Year 2001-2002 funding contribution to the David Lawrence Mental Health Center, Inc. E. SUPPORT SERVICES 1) 2) 3) Direct and authorize the County Manager to modify the existing Pay Plan to include an additional pay grade. Pay Grade 36 to accommodate the new classification of Deputy County Manager Award of Bid No. 00-3137 and Annual Agreements for Title Commitments. Add First Title and Abstract, Inc. and Attorneys' Title Insurance Fund, Inc. Approval of the purchase of Property and Casualty Insurance and related services for FY2002. As outlined in the Executive Summary; total expected costs for insurance coverages are $5,681,114 11 September 25, 2001 F. EMERGENCY SERVICES 1) Approve a Budget Amendment in the Emergency Medical Services Fund 490 to appropriate additional revenue and reserves. 2) Adopt a Resolution authorizing the Acceptance of an Agreement between the Florida Department of Community Affairs and Collier County regarding monies available in the Emergency Management Preparedness and Assistance Trust Fund Res. 2001-372; Agreement #02CP-04-09-21-01-011 3) Approve a Budget Amendment to recognize and appropriate additional revenue in the Isles of Capri Fire Department Fund (144). COUNTY MANAGER 1) 2) Payment Authorization (Patterson Boulevard Fire-May 18-22, 2001). Approved by the County Manager in the Boards Absence. Approval of Budget Amendment Report - Budget Amendment #01- 516. He 3) To adopt a Resolution approving amendments to the Fiscal Year 2000-01 Adopted Budget. Budget Amendment Res. 2001-01 (BAR) AIRPORT AUTHORITY Jo BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment to attend NAACP Annual Banquet. For Commissioners Mac'Kie, Colletta, Fiala & Henning in the amount of $50.00/per to be held on October 13, 2001. MISCELLANEOUS CORRESPONDENCE 1) Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate of Correction to the tax rolls as presented by the Property Appraiser's Office. RECOMMEND APPROVAL. 12 September 25, 2001 2) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) Department of Transportation Highway Safety Fund Grant Application Immokalee D.U.I. Enforcement Project. For Fiscal Year 2001-02 2) 3) Department of Transportation Highway Safety Fund Grant Application Traffic Safety Grant. For Fiscal Year 2001-02 To adopt a Resolution authorizing the borrowing of an amount not to exceed $8,120,000 from the pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the Loan Agreement between the Board of County Commissioners and the Commission in order to finance the acquisition and construction of the Immokalee Jail Facility to be located within the County; authorizing the execution of a loan not or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Res. 2001-373 L. COUNTY ATTORNEY 1) 2) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 112 in the Lawsuit entitled Collier County v. Faith Bible Church of Naples, Inc., et al, (Immokalee Road, Project No. 69101) Staff to deposit $18,289.24 into the Registry of the Court Approve the Agreed Order awarding expert fees in the amount of $20,000.00, relative to the Easement Acquisition of Parcel 145 in the Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al, Case No. 99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to Davis Boulevard). 13 September 25, 2001 3) 4) Approve the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 250/250T in the Lawsuit entitled Collier County v. Juan C. Zamarripa, et al, (Golden Gate Boulevard, Project No. 63041). Staff to deposit $200 into the Registry of the Court Recommendation to approve a Budget Amendment in the amount of no more than $13,756.45 for outside counsel and professional services including expert witness fees for services rendered in concluding the County's litigation relating to the 1995-96 Beach Restoration Project in the Lawsuit styled Board of County Commissioners of Collier County v. Coastal Engineering Consultants Inc., et al, Case No. 00- 1901-CA. 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. Ordinance amending Collier County Ordinance 86-72, which created the Sabal Palm Road Extension Municipal Service Taxing and Benefit; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing an effective date. Ord. 2001-51 18. To adopt a Resolution approving amendments to the Fiscal Year 2000-01 Adopted Budget. Budget Amendment Res. 2001-02 (BAR) ADJOURN 14 September 25, 2001 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 September 25, 2001