Recap 10/09/2001 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 9, 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,
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October 9, 2001
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. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Harold Brown, Lely Presbyterian Church
2o
AGENDA AND MINUTES
Approved and/or adopted - 5/0
Ao
B.
C.
D.
E.
F.
G.
H.
Approval of today's regular, consent and summary agenda as amended
September 6, 2001 BCC Budget Public Hearing
September 6, 2001 Health Care Workshop
September 11,2001 Regular BCC Meeting
September 12, 2001 Pelican Bay Budget Public Hearing
September 14, 2001 Emergency Meeting
September 18, 2001 Code Enforcement Workshop
September 19, 2001 BCC Budget Public Hearing
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PROCLAMATIONS
Ae
Proclamation to recognize the week of October 7-13,2001 as "National 4-H
Week". To be accepted by Ms. Shirene Provenza.
Adopted - 5/0
Be
Proclamation to designate the Month of October 2001 as Mental Illness
Awareness Month. To be accepted by Ms. Kathryn Leib Hunter, Executive
Director of NAMI, the National Alliance for the Mentally Ill.
Adopted - 5/0
Ce
Proclamation to recognize and encourage the Ecumenical Coalition.
accepted by Raybum Cadwallader.
Adopted- 5/0
To be
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October 9, 2001
0
SERVICE AWARDS
Presented
Five-Year Attendees:
1)
2)
3)
4)
5)
6)
7)
8)
9)
10)
Anthony Gracia, Wastewater
Carla Fogle, Utility Billing
Tony Barry, Transportation
Ralph McKellar, Solid Waste
Diana Watson, EMS
Carole Esposito, Water Department
Kellie West, EMS
Tishya Arthurs, Building Review
Keith Maycroft, Road and Bridge
Mario Garcia, Wastewater Collections
Ten-Year Attendees:
11) Carl Gibson, Pollution Control
12) Edward Kant, Transportation
Fifteen-Year Attendee:
13) Roger Baase, Parks and Recreation
5. PRESENTATIONS
Ae
Presentation of the EMS Phoenix Awards.
Presented
6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics
7. BOARD OF ZONING APPEALS
Withdrawn:
A. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25, 2001
BCC MEETING. This item requires that all participants be sworn in and
ex parte disclosure be provided by Commission members. VA-2001-AR-
3
October O,
979, Terrance Kepple, of Kepple Engineering, representing Shader-
Lombardo Properties, LLC, requesting a 12.1 foot variance from the
Vanderbilt Villas PUD required distance between structure setback of 20
feet to 7.9 feet for property located at 515 Roma Court, further described as
Lot 22, Vanderbilt Villas, in Section 21, Township 48 South, Range 25 East,
Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
Withdrawn:
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition RZ-2001-AR-
451, Walter H. Rascher, Jr. and Lisa J. Rascher representing Ester and
Francis Rascher, requesting a rezone from its current zoning classification of
"A" Rural Agricultural to "RSF-3' residential single family district, the
subject property is located on the North side of Polly Avenue approximately
one half a mile North of Rattlesnake Hammock Road in Section 16,
Township 50 South, Range 26 East, Collier County, Florida. This site
consists of 4.55 acres.
Be
THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2001
BCC MEETING AND IS FURTHER CONTINUED TO THE
OCTOBER 23, 2001 BCC MEETING. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
members. Petition PUDA-2001-AR-500, R. Bruce Anderson, Esq., of
Young, Vanassenderp, Varnadoe and Anderson, P.A., representing the
Skinner and Broadbent Development Company, Inc., contract purchaser,
requesting to repeal the current Falling Waters Beach Resort PUD and to
adopt a new PUD for the purpose of adding self-storage (SIC #4225) to the
list of permitted uses and removing some of the permitted uses including
restaurants, fast food restaurants, food markets and automobile service
stations from Collier Boulevard (CR 951) approximately 400 feet North of
Tamiami Trail and Collier Boulevard intersection in Section 3, Township 51
South, Range 26 East, Collier County, Florida, the Falling Waters PUD
consists of 74.37 acres, the Community Commercial Tracts consist of 4+
acres.
Ce
THIS ITEM CONTINUED FROM THE SEPTEMBER 25, 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,
4
Octobor 9, 2001
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 documents 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.
Denied - 5/0
Continued to 10/23/01:
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUD-92-08(1), 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 77.3 acres, changing the zoning of 7.8 acres from
industrial to commercial, reducing the area of the lakes from 44.1 acres to
36.6 acres and the area of the conservation/open space from 22.1 acres to 9.3
acres, and 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.
Moved from Item #10C:
E. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11, 2001
BCC MEETING. Adoption of an Ordinance amending Chapter 74 of the
County's Code of Laws and Ordinances, as previously amended by
Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee
Ordinance). (Phil Tindall, Impact Fee Coordinator)
Ord. 2001-54 Adopted - 5/0
BOARD OF COUNTY COMMISSIONERS
Appointment of member to the Black Affairs Advisory Board.
Res. 2001 - 395 appointing Carolyn Spatta - Adopted - 5/0
Appointment of members to the Lely Golf Estates Beautification Advisory
Committee.
Res. 2001 - 396 re-appointing William Erickson, Robert Cole and
George Pearson - Adopted 5/0
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October 9, 2001
C. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 25~ 2001
BCC MEETING. Finalize the Annual Performance Appraisal Process for
the County Attorney.
Approved in the amount of $145,614, with life insurance, $400 car and
phone allowance, and contract extend to 2003 - 5/0
Board of County Commissioners approval of Operation Weed and Seed
Program Memorandum of Agreement. (Commissioner Coletta)
Memorandum of Agreement Approved - 5/0
Discussion by Board of County Commissioners to assist Mosquito Control
with the petition process to survey Golden Gate Estates residents for
spraying by Mosquito Control. (Commissioner Henning)
Discussed
10. COUNTY MANAGER'S REPORT
Ae
Recommendation to conceptually approve and authorize the staff to develop
a Citizen's Oversight Committee for the Referendum of Roads. (Thomas W.
Olliff, County Manager)
Approved - 5/0
Recommendation that the Board of County Commissioners confirm James
V. Mudd as the Collier County Deputy County Manager and Leo E. Ochs,
Jr., as the Assistant County Manager. (Thomas W. Olliff, County Manager)
Confirmation Approved - 5/0
Moved to Item #8E:
C. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 11~ 2001
Ee
BCC MEETING. Adoption of an Ordinance amending Chapter 74 of the
County's Code of Laws and Ordinances, as previously amended by
Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee
Ordinance). (Phil Tindall, Impact Fee Coordinator)
Construct South County Water Reclamation Facility Expansion, Project
73949. (James V. Mudd, Public Utilities Administrator)
Approved 5/0
Approve Funding for Tropical Storm Gabrielle Beach Recovery. (James V.
Mudd, Public Utilities Administrator)
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October 9, 2001
Staff recommendation as amended Approved - 5/0
Moved from Item #16B8:
F. Approve the placement of two "Welcome to Golden Gate Estates" signs for
the Golden Gate Estates Area Civic Association within County roadway
rights-of-way.
Approved - 5/0
Moved from Item #16A3:
G. Request to approve for recording the plat of"Berkshire Commons Parcel 1,
2 and 3".
Continued to 10/23/01 - 5/0
11. AIRPORT AUTHORITY
12.
13.
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
14.
15.
FUTURE AGENDAS
STAFF AND COMMISSION GENERAL COMMUNICATIONS
Discussion regarding County Government credibility - Staff directed not to
appear on Timothy Constantine's talk show
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 - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Authorization to utilize staff as a resource to assist the Weed and Seed
Program in Immokalee.
2)
Request to approve for recording the final plat of "Ibis Cove Phase
One-A".
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October 9, 2001
Moved to Item #10G:
3) Commons Parcel 1, 2 and 3". Request to approve for recording the
final plat of "Berkshire
4)
Approve an agreement to accept an artificial reef grant from the
Florida Fish and Wildlife Conservation Commission.
5)
Adopt Resolutions enforcing liens on properties for Code Violations.
Res. 2001-379 through 2001-386
6)
60-Day Extension of the 2001 Tourism Agreement between Collier
County and the Tourism Alliance of Collier County.
B. TRANSPORTATION SERVICES
1)
Resolution authorizing the application and execution of the FY 2001
Section 5307 Grant Application with the Federal Transit
Administration (FTA).
Res. 2001-387
2)
Recommendation that the Board of County Commissioners award two
Annual Bids, #01-3251 (Concrete and Metal Culvert Pipe) and #01-
3256 (Asphalt and Related Items) for Fiscal Year 2001/2002.
As contained in the Executive summary
3)
Approve the Facilities Relocation Agreement with Florida Power and
Light Company to relocate and reconfigure power poles on Goodlette-
Frank Road between Pine Ridge Road and Vanderbilt Beach Road to
facilitate the road-widening project, Project No. 60134.
In the amount of $961,152
4)
Adopt a Resolution approving, as serving a valid public purpose, the
expenditure of county funds for expenditures incurred at the August
30, 2001 ribbon cutting and groundbreaking ceremony of Livingston
Road, Phase I.
Res. 2001- 388
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October 9, 2001
5)
Request Board approve a Landscape Maintenance Agreement among
The Estuary at Grey Oaks and the Estuary Property Owners'
Association, the City of Naples and Collier County.
6)
Award Bid//01-3281, "Bayshore-Avalon Beautification Municipal
Services Taxing Unit (MSTU) Roadway Grounds Maintenance".
Awarded to Commercial Land Maintenance, Inc.
7)
Award of RFP 01-3234 "Bus Stop Shelters" for Immokalee Circulator
and Collier Area Transit (CAT).
Awarded to Brasco International
Moved to Item #10F:
8) Approve the placement of two "Welcome to Golden Gate Estates"
signs for the Golden Gate Estates Area Civic Association within
County roadway rights-of-way.
C. PUBLIC UTILITIES
1)
Approve Professional Engineering Services Agreement with Water
Resource Solutions, Inc., for the North County Water Reclamation
Facility Deep Injection Well, RFP 00-3122, Project 73948.
2)
Approve Committee Selection of firms for Contract #01-3271
"Professional Engineering Services for Coastal Zone Management
Projects".
Awarded to Coastal Planning & Engineering, Boca Raton, FI.;
Humiston & Moore Engineers, Naples, FI.; and Taylor
Engineering, Jacksonville, FI.
3) This item has been deleted.
4)
Adopt a Resolution to support implementation of aquifer storage and
recovery technologies to protect the environment and public water
supplies.
Res. 2001-389
5) This item has been deleted.
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October 9, 2001
6)
To obtain Board approval for an Inteflocal Agreement between the
Property Appraiser and the Board of County Commissioners for use
of the Geographical Information System (GIS) Digital Data and
Topography acquired by the Property Appraiser in FY-2000.
D. PUBLIC SERVICES
1)
Presentation of the Annual 2001 Report of the Collier County Film
Commission.
2)
Award Bid #01-3250, Portable Toilet Rentals to J. W. Draft, Inc. and
Waste Management of Collier County, Inc., on a primary/secondary
basis.
3)
Recommendation to award bid/tO 1-3252 for the purchase of turf used
by Collier County.
Awarded to Leo's Sod; Home Depot; and Golden Gate Nursery
and Sod
E. ADMINISTRATIVE SERVICES
1)
Approve a Budget Amendment to appropriate the maintenance service
revenues for reimbursement of operating expenses.
2)
Convey a Conservation Easement to South Florida Water
Management District required for the construction of the Collier
County Animal Shelter.
Res. 2001-390
3)
Authorize staff to reject bids received for 01-3268, Charter Bus
Service and re-bid.
4)
Approve an additional thirty (30) day extension of Contract #97-2671,
Office Supplies.
With Marco Office Supply
Recommendation to declare the Neopost Mail Equipment as surplus
and authorize the sale of equipment to Mail Barcoding Services of
SWFL, Inc.
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October 9, 2001
In the amount of $9,000
6)
To award Bid #01-3259, Irrigation Parts and Related Items.
Awarded to Boynton Pump and Irrigation, Ferguson
Underground, Melrose Supply, and Century Rain Aid according
to the executive summary
7)
Award Bid No. 01-3260, Herbicides/Pesticides/Fungicides to a variety
of bidders.
As contained in the executive summary
8)
Approve the Award of Bid No. 01-3273 to Truegreen Landcare, Inc.,
for grounds maintenance for Main Government Complex.
9)
Approve the Award of Bid No. 01-3274 to Commercial Land
Maintenance Inc., for grounds maintenance for Main Satellite
Facilities.
F. EMERGENCY SERVICES
1)
Approve an Emergency Medical Services (EMS) County Grant
Application and County Grant Distribution Form, adopt a Resolution
certifying that the Grant monies will not be used to supplant the
existing Emergency Medical Services Budget and approve a Budget
Amendment to recognize and appropriate revenue.
Res. 2001-391
G. COUNTY MANAGER
1)
Board authorization for Payment of Invoices for services pertaining to
election requirements and Town Hall Meeting for the Pelican Bay
Services District, Ordinance No. 2000-82.
In the amount of $8,515.40
2)
To adopt a Resolution approving amendments to the Fiscal Year
2000-01 Adopted Budget.
Budget Amendment Resolution 2001-03
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October 9, 2001
3)
Approval of Budget Amendment Report - Budget Amendment #01-
524.
H. AIRPORT AUTHORITY
I. BOARD OF COUNTY COMMISSIONERS
J. 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.: 90-2783-MMA, 86-675-CFA, 84-2979-TM, 84-3430-TM, 95-
2179-CFA, 88~1781-MM, 88-2004-TMC, 89-2211-MM, 89-2905-
TMC, 87-3796-TMC, 96-6987-MMA, 91-292-MM, 90-5008-MM,
89-6788-TM, 90-2945-TM, 89-1390 CFA, 89-3285-MMA, 97-1485-
CFA, 91-887-CFB, 90-4733- TM, 84-1046-TM and 94-1099-CJA;
RECOMMEND APPROVAL.
2)
MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH
ACTION AS DIRECTED.
3) Districts: Minutes and Agendas.
4) Minutes: Advisory Committees.
5)
Letter from Guy L. Carlton, Collier County Tax Collector - 2001-
2002 Budget Amendment.
K. OTHER CONSTITUTIONAL OFFICERS
1)
Authorize a borrowing from the Pooled Commercial Paper Loan
Program in an amount not to exceed $2,300,000 for the acquisition
and implementation of a fully integrated financial management
system.
Res. 2001-392
L. COUNTY ATTORNEY
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October 9, 2001 '
17.
1)
Execute Satisfaction of Code Enforcement Lien established in Collier
County v. Todd A. Mastro and Lisa A. Mastro.
2)
That the Board of County Commissioners accept an Offer of
Judgment and approve the Stipulated Final Judgment to be created
based on the same terms and conditions as the Offer of Judgment for
Parcel 163 in the Case entitled Collier County v. Russell Baisley, et al,
(Livingston Road, Project No. 60071).
Staff to deposit $9,560 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.
Ae
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CCSL-2001-3,
AJ Smith of Recreational Facilities of America Inc., requesting a coastal
construction setback line variance to allow construction of a dune walkover,
chickee hut, designated storage area for a beach concession and a pathway
landward of the beach, located at the Collier County Barefoot Beach Park,
Sections 7, 8, 17 and 18, Township 48 South, Range 25 East, Collier
County, FL.
Res. 2001-393
This item has been deleted.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition CCSL-2001-2,
Don Cahill representing William G. Reckmeyer, requesting a Coastal
Construction Setback Line Variance to allow for construction of a single
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October 9, 2001
family residence, located at Lot 9, Block C, Unit 1, Lely Barefoot Beach,
Section 6, Township 48 South, Range 25 East, Collier County, Florida.
Res. 2001-394
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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October 9, 2001