Recap 03/12/2002 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March 12, 2002
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
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March 12, 2002
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 Mary Anne Domer, Church of the Resurrection
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AGENDA AND MINUTES
Approved and/or adopted with changes 5/0
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Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
B. February 12, 2002 - Regular Meeting
C. February 19, 2002 - Workshop Minutes
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PROCLAMATIONS
A. Proclamation recognizing Family and Consumer Sciences Programs. To be
accepted by Jan Bennett.
Adopted 5/0
B. Proclamation to recognize Friends of the Museum. To be accepted by Mr.
Jim Underwood, President, Friends of' the Museum.
Adopted 5/0
C. International Learning Academy to be recognized as a Second Chance High
School. To be accepted by Valaree Maxwell, President and twelve of her
students.
Adopted 5/0
SERVICE AWARDS
Presented
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March 12, 2002
Five-Year Attendees:
1) Gumersindo Esperon, Transportation
2) Heriberto Hartnack, Veteran Services
Ten-Year Attendees:
3) Carrie Morningstar, Emergency Medical Services
4) Roger Tompkins, Transportation
Fifteen-Year Attendees:
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5) Robert Wiley, Stormwater
6) Maria Sillery, Stormwater
Twenty-Five Year Attendees:
7) Jan Bennett, University Extension
PRESENTATIONS
PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
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Be
Public Conmaents on General Topics
1)
2)
3)
4)
5)
Tony Migliaso re construction in the Rural Fringe Area
Don Smith re turn lanes
Robert Jenkins re Sand Web System
Ty Agoston re Green Space Tax
Jim Kramer re towing over charge
Public Petition Request by Mr. Jack Bowerman, III, to discuss Policy
Requiring Turn Lanes.
Ed Kant to meet with Jack Bowerman, III
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Public Petition Request by Mr. Colin Kelly, to discuss the Sand Web System
and Available Funding.
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March 12, 2002
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Discussed
Public Petition Request by Mr. Bob Murray, to discuss Corridor 41 from
Airport-Pulling Road to Collier Boulevard.
Staff directed to look into the issue and come back with a proposal
E. This item has been deleted.
Public Petition Request by Mr. George Chami, President, J. Peaceful LLC,
regarding permitting issues for the Town Market Project in Olde Cypress.
Staff directed to move forward regarding the issuing of C.O. with the
caveat that all code issues and payment of impact fees be resolved and
brought back to the BCC on 3/26/02
BOARD OF ZONING APPEALS
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. NUC-2001-AK-1856
Greg Carlisle, requesting a non-conforming use change from a school to a
fitness center, including a pool and playground, for property located at 6800
Golden Gate Parkway, further described as Golden Gate Estates Unit 29,
Tract 36, in Collier County, Florida.
Res. 2002-142 - Adopted with changes 4/1 (Commissioner Henning
opposed)
ADVERTISED PUBLIC HEARINGS
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-
1743, Vincent A. Cautero of Wilkison and Associates Inc., requesting a
rezone from "A" Rural Agricultural to the "RSF-5 (4)" residential single
family zoning district with a density cap of four (4) units per acre for
property located at the Northeast comer of Little League Road and Lake
Trafford Road in Section 31, Township 46 South, Range 29 East, Collier
County, Florida, consisting of 50.82 acres more or less.
Ordinance 2002-11 - Adopted 5/0
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March 12, 2002
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDA-O 1-
AR- 1133, Richard L. Woodruff of Wilson Miller Inc., representing The
Moorings, Inc., requesting an amendment to the Moorings Park Planned
Unit Development (PUD) for the purpose of eliminating the specific project
description language by adding a general project description that allows for
flexibility in determining the mix of congregate and nursing care facilities
along with the accessory uses that include an assisted living and independent
living units. Other changes include adding a list of permitted uses and
accessory structures derived from the project description and revising the
parking requirements, updating the master plan to depict the existing
developed areas and the future development areas while increasing the
maximum building heights for property located on the East side of
Goodlette-Frank Road (CR 851) and approximately a quarter mile South of
Pine Ridge Road in Section 15, Township 49 South, Range 26 East, Collier
County, Florida.
Ordinance 2002-12 - Adopted with changes 5/0
Continued
D.
to March 26, 2002:
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDZ-02-AR-
1978, Richard Yovanovich of Goodlette, Coleman and Johnson and Wayne
Arnold of Q. Grady Minor and Associates, representing Gateway Shoppes,
LLC, requesting a rezone from "RSF-3', Residential Single Family to
"PUD" Planned Unit Development to be known as Henderson Creek PUD
for the purpose of 500 residential dwelling units via an affordable housing
agreement for property located on the South side of the Tamiami Trail (US
41) and approximately one-half mile East of Collier Boulevard (CR 951) in
Section 3, Township 51 South, Range 26 East, Collier County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
Al*
Appointment of member to the County Government Productivity
Committee.
To be readvertised and Mr. Stout to be included - Approved 4/1
(Commissioner Henning opposed)
Be
Appointment of member to the Health and Human Services Advisory
Committee.
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March 12, 2002
10.
Res. 2002-143 appointing Mark Gianquitti - Adopted 5/0
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Appointment of members to the Hearing Officer Advisory Committee.
Res. 2002-144 appointing David Johnson, Nancy Payton, Kathleen
Curatolo, Lindy Adelstein, Bruce Anderson, Michael Coe and James
Mudd - Adopted 5/0
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Presentation by Vote Conservation 2002. (Commissioner Coyle)
Staff directed to give technical assistance; hold a future workshop; and
notify Supervisor of Elections of possibility of ballot question
COUNTY MANAGER'S REPORT
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THIS ITEM TO BE HEARD AT 11:45 A.M.
Arnold regarding the Legislative Session.
Presented
Report to the Board by Keith
Be
Adopt a Resolution amending Resolution No. 2002-97 authorizing
Condemnation of Right-of-Way and/or Easements required for the
construction of four-lane and six-lane improvements to Goodlette-Frank
Road between Pine Ridge Road and Vanderbilt Beach Road, Capital
Improvement Element No. 65 (Project No. 60134). Estimated Fiscal Impact:
From $85,000 to $100,000. (Norman Feder, Administrator, Transportation
Services Division)
Res. 2002-145 - Adopted 5/0
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Presentation and approval of Transportation Financing Plan.
Feder, Administrator, Transportation Services Division)
Accepted - 5/0
(Norman
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Adoption of FY 03 Budget Policy. (Michael Smykowski, Director, Office
of Management and Budget)
Budget Policy Approved with changes - 5/0
Public Hearing Dates established for September 5th & 18th 2002 -
Approved 5/0
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Approval of staff's recommendation to pursue collection of uncollected and
under collected impact fees for certain self-described adult-only
communities. (Joseph K. Schmitt, Administrator, Community Development
Division)
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March 12, 2002
Staff directed to collect all past due School Impact Fees from those
facilities that did not have a recorded deed restriction prior to CO -
Approved 5/0
Moved from Item #16B3:
F. Approve the transfer and/or funding of four positions from the Community
Development and Environmental Services Division Fund (113) to the
Transportation Services Division Fund (101) with a cost of $430,000 for
FY02 from Permit and Development Fees
Approved - 5/0
G. There is no "Item G"
Moved from Item #16Hl:
H. Approval of budget amendment to convert an Airport Authority Capital
Grant to an Operational Grant.
Approved 5/0
11. AIRPORT AUTHORITY
12.
13.
COUNTY ATTORNEY'S REPORT
OTHER CONSTITUTIONAL OFFICERS
14.
15.
FUTURE AGENDAS
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Blue Wallace re recruitment of Tourism Manager and advertising
efforts to promote tourism
B. Endorsement by the BCC of a water festival in May, 2002 - 5/0
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County Attorney authorized to travel for the County as a public purpose -
5/0
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Commissioner Fiala re CRA meetings.
Commissioner Coyle re City of Naples and City of Marco Island meetings.
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March 12, 2002
Commissioner Henning re meeting with developers about Land Use matters.
Commissioner Coyle re county being involved in tourism business
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 w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1)
Code Enforcement Lien Resolution approvals.
Resolution 2002-128 through 2002-136
2)
Final acceptance of Water and Sewer Utility connections for Pine
Ridge Sports School.
3)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Pelican Strand Replat -
lC".
Resolution 2002-137
Continued to March 26, 2002:
4) Request to grant final acceptance of those roadway improvements in
Lely Resort, specifically the following road segments: Grand Lely
Drive, Lely Resort Boulevard from Grand Lely Drive to Wildflower
Way, and Wildflower Way, and accepting the maintenance
responsibility for those roadway improvements.
5)
Final acceptance of Water and Sewer Utility Connections for
Sherwood Park, Phases Two and Three.
6)
Request to approve for recording the final plat of"Lago Villagio", and
approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security
with stipulation.
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March 12, 2002
7)
8)
9)
This item has been deleted.
Approval of an Inteflocal Agreement between Collier County and the
Immokalee Fire Control District authorizing the County to collect
impact fees on the district's behalf in the exchange for a one percent
administrative fee, resulting in approximately $1,000 in new annual
revenue to the County.
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Maplewood Unit Two".
Resolution 2002-138
Continued to March 26, 2002:
10) Recommendation that the Board of County Commissioners approve
the agreement between the Board of County Commissioners, the
Community Redevelopment Agency and the Collier County Clerk of
Courts for provision of secretarial services to the Community
Redevelopment Agency by the Clerk of Courts.
Continued to March 26, 2002:
11) Board of Coun _ty Commissioners serving as the Communi _ty
Redevelopment Agency. Recommendation that the Community
Redevelopment Agency approve the agreement between the Board of
County Commissioners, the Community Redevelopment Agency and
the Collier County Clerk of Courts for provision of secretarial services
to the Community Redevelopment Agency by the Clerk of Courts.
12)
Approval of a request to the Department of Community Affairs
(DCA) to extend the County's contract for a Community
Development Block Grant under the Economic Development category
to assist with the construction of a manufacturing incubator facility at
the Immokalee Regional Airport Industrial Park and Foreign Trade
Zone.
Resolution 2002-139
Be
TRANSPORTATION SERVICES
1) That the Board approve the Vehicle Lease Agreement between the
Collier County Board of County Commissioners and Intelitran and
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March 12, 2002
authorize the Chairman to enter into the Agreement.
2)
Approve a Budget Amendment and Change Order Number 1 for the
13thStreet SW Bridge design-build Construction Contract No. 01-
3223, Project No. 60012, Purchase Order No. 201211 for $91,342.08.
Moved to Item #10F:
3) Approve the transfer and/or funding of four positions from the
Community Development and Environmental Services Division Fund
(113) to the Transportation Services Division Fund (101) with a cost
of $430,000 for FY02 from Permit and Development Fees.
4)
Approve agreements and accept drainage easements for the benefit of
the Wiggins Pass Drainage Basin. Acquisition cost for title and
recording fees expected to not exceed $800.00.
Accept right of entry documents for the cleanup and maintenance of a
portion of the Gordon River Channel. Acquisition costs for title and
recording fees expected not to exceed $200.00.
6)
Request for speed limit reduction from 30 miles per hour (30 mph) to
twenty-five miles per hour (25 mph) on all local streets in Lely. The
replacement of signs at a total cost of approximately $200.00.
Resolution 2002-140
Deleted:
7)
8)
9)
Approve the lease agreement with Collier County School Board for
the use of Vineyards Elementary School Media Center to conduct
public information meeting for the design and permitting of
Vanderbilt Beach Road. Collier County Project No. 63051, CIE No.
24.
Approve request to terminate Reuven Haim Builders, Inc. Developer
Contribution Agreement with Collier County for Radio Road
improvements, and release developer and Collier County from the
remaining obligations and benefits of the contract.
Approve a standard construction contract in the amount of
$856,318.70 with K.E.R. Enterprises Inc., D/B/A Armadillo
Underground for the construction of a large storm drain for the
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March 12, 2002
Wiggins Pass Road Outfall Project along Gulf Harbor Drive (Project
No. 31212) Bid No. 02-3330.
PUBLIC UTILITIES
1)
Approve $70,000 Budget Amendment for funding of the Agreement
with Michael L. Voorhees, Ph.D., to update the maps of the Wellfield
Protection Zones of the County's Ground Water Protection
Ordinance. (Roll over from FY01 to FY02)
2)
Approve Work Order #WD-112 with Kyle Construction Inc., for
construction associated with the Pelican Bay Fire Protection Water
Supply System Improvements, Phase I, Project Number 74023, in the
amount of $146,723.50.
3)
Approve and accept an easement agreement for the acquisition of
utility easements for the North County Regional Water Treatment
Plant Wellfield Expansion Project, not to exceed $3,100.
D. PUBLIC SERVICES
Deleted:
1)
2)
3)
Authorize the Chairman to execute an agreement with a performer for
the fourth annual Country Jam Concert on April 12, 2002, in an
amount not to exceed $55,000.
Approval of an agreement with Texasee Touring Inc., for the
performance of Lonestar for the fourth annual Country Jam Concert in
the amount of $52,500.
Approve award of RFP 02-3334 a revenue contract for coffee bar
concessions at the Collier County Public Library. (Minimum annual
revenue of $4,800.00).
Awarded to Paradise Consultants, Inc.
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ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners convey a
Grant of Utility Easement to Sprint-Florida Inc., for the installation of
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March 12, 2002
2)
3)
a fiber-optic sonet ring around the Main Government Complex.
Authorize a re-organization of Real Property functions thru separate
divisions to better meet the County's business needs and approve the
associated budget amendments.
Approval of Budget Amendment to re-appropriate $72,000 previously
approved by the Board for the installation of underground conduit to
upgrade telephone and data transmission services at the Government
Center.
4)
Recommendation to award Bid 02-3337 for contract printing to
various vendors for an estimated annual amount of $40,000.
Fe
EMERGENCY SERVICES
1)
Approve Notice of Intent to accept Hazard Mitigation Grant Funding
from the Florida Department of Community Affairs in the amount of
$7,272.62 as the result of freezing conditions in January 2001.
2)
Approve the purchase by the Isles of Capri Fire and Rescue Control
District of a used, Class "A" Fire Truck from the City of Marco Island
Fire Rescue Department for $31,887 using impact fees and approve
the necessary Budget Amendment.
COUNTY MANAGER
1)
Confirm that the advertising of individual County Commissioner
Meetings throughout the community serves a public purpose and
authorizes the use of Public Information Staff to prepare notices for
such meetings.
2)
Approval of Budget Amendment Report-Budget Amendment//02-
203, for additional drainage work, pipe repair, and pipe replacement
for the Forest Lakes Roadway and Drainage in the amount of $18,100.
H. AIRPORT AUTHORITY
Moved to Item #10H:
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March 12, 2002
17.
1)
Approval of budget amendment to convert an Airport Authority
Capital Grant to an Operational Grant.
I. BOARD OF COUNTY COMMISSIONERS
1)
Commissioner request for approval for payment to attend function
serving a valid public purpose. (Commissioner Carter)
J. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
K. OTHER CONSTITUTIONAL OFFICERS
L. COUNTY ATTORNEY
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. SHOULD ANY OF THE FOLLOWING
ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS
MUST BE SWORN IN.
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That the Board of County Commissioners (BCC) adopt an Ordinance to
impose a mandatory court cost of $3.00, funding the Teen Court of Collier
County pursuant to Section 938.19, Florida Statutes in the amount of
$38,100.
Ordinance 2002-10
Approve a Resolution to create the Price Street-Barefoot Williams Road
Water Municipal Service Benefit Unit (MSBU) District; authorize funds for
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March 12, 2002
engineering services; approve the amendment of the contract to AEC
National/Wilkinson in the amount of $26,495 for engineering services.
Resolution 2002-141
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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March 12, 2002