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Recap 06/11/2002 R1 June 11, 2002 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA June 11, 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 2 June 11, 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 2. AGENDA AND MINUTES A. Approval of today’s regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes – 4/0 (Commissioner Fiala out as reflected by 4/0 vote) B. May 15, 2002 – Workshop Approved as presented – 4/0 C. May 30, 2002 – Workshop Approved as presented – 4/0 3. PROCLAMATIONS A. Proclamation recognizing Ted Tawney for his heroic efforts on January 25, 2002. To be accepted by Bob Herrington, MPO Manager. Adopted – 4/0 4. SERVICE AWARDS Presented FIVE-YEAR ATTENDEES: 1) Juanita Paniaqua, Parks and Recreation 2) Anthony Verlotti, Building Review and Permitting 3 June 11, 2002 3) Maria Rodriguez, Parks and Recreation 4) Donald Blalock, Information Technology 5) Margaret Bush, Water Treatment FIFTEEN-YEAR ATTENDEES: 6) Ramiro Ponce, Transportation Operations 7) Richard Noonan, Building Review and Permitting 8) Barbara Pitts, Library TWENTY-FIVE YEAR ATTENDEES: 9) Pablo Salinas, Parks and Recreation 5. PRESENTATIONS A. Award for Exemplary Food Service Program for the Summer Food Services Program. Presented by Senator Saunders. Presented B. Award to Jim Thomas, Parks and Recreation, for Outstanding Support of the Summer Food Program Food and Nutrition Services. Presented by Senator Saunders. Presented C. To accept the designation of Collier County as a “Stormready Community” from the National Weather Service. Accepted 6. PUBLIC PETITIONS A. Public Petition request by Vera Fitz-Gerald to discuss Land Development Code issues. Discussed 7. BOARD OF ZONING APPEALS 4 June 11, 2002 Moved from Item #17A A. Petition CU-00-22, William Hoover, of Hoover Planning and Development, Inc., representing Yahl Mulching Inc., & Washburn Realty, LLC, requesting Conditional Use “2” of the “A” Rural Agricultural Zoning District to allow for the expansion of an existing horticultural mulching facility for property located on the South side of Washburn Avenue and approximately 2 miles East of Collier Boulevard (CR-951), in Section 31, Township 49 South, Range 27 East, Collier County, Florida. Res. 2002-263 - Adopted 4/0 8. ADVERTISED PUBLIC HEARINGS A. Petition PUDA-2001-AR-1404; Dwight Nadeau of RWA, Inc., representing Conquest Development USA, L.C., requesting an amendment to the Silver Lakes PUD to allow modification to the land use distribution table of the PUD. The subject property is located on the East side of Collier Boulevard approximately one and three quarter miles South of Tamiami Trail East and Collier Boulevard Intersection in Section 10, Township 51 South, Range 26 East, Collier County, Florida. This property consists of 146 acres. Continued indefinitely to allow for further negotiations – 4/0 B. Approve a Resolution adopting the County’s Consolidated Plan amended one-year Action Plan FY2001-2002 as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and provide an effective date. Res. 2002-264 - Adopted 4/0 C. Authorize Staff to establish interim development controls (moratorium) on the backlogged and constrained roadway segments of US 41, Vanderbilt Beach Road and Davis Boulevard (SR 84). Ord. 2002-29 Adopted w/changes 4/0 D. Moved from Item #17A and then further moved to Item #7A Moved from Item #17C E. Petition CCSL-2002-1-AR-2343, Annis Mitchell Cockney Edwards and Roehn, representing the Ritz Carlton, requesting a Coastal Construction Setback Line Variance to construct two (2) gazebos and a storage box for 5 June 11, 2002 storage of beach equipment at the Ritz Carlton, Naples “Hotel Site” as described in O.R. Book 1073 Page 1474 and Annex Park Site as described in O.R. Book 1181 Page 1660, all located in Section 32 , Township 48 South, Range 25 East, Collier County, Florida. Res. 2002-266 w/staff stipulations – 4/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. Resolution 2002-267 appointing Michael Sorrell – Adopted 4/0 B. Appointment of member to the Golden Gate Area Master Plan Ad Hoc Advisory Committee. Resolution 2002-268 appointing James Streeter – Adopted 4/0 C. Appointment of member to the Collier County Water and Wastewater Authority. Resolution 2002-269 appointing Robert C. Bennett – Adopted 4/0 D. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2002-270 re-appointing David Correa and Robert J. Pina – Adopted 4/0 E. Appointment of member to the Emergency Medical Services Advisory Council. Resolution 2002-271 appointing Valerie Stolts – Adopted 4/0 F. Appointment of member to the Immokalee EZDA/CRA Advisory Board. Resolution 2002-272 appointing Bennie Starling – Adopted 4/0 G. Discussion regarding impact fee updates. (Commissioner Coyle) Staff to formulate methods of calculation which would permit impact fees to be updated on a current basis without hiring consultants to achieve this. (Consensus) H. Funding a Modified Summer Camp Program in Everglades City. (Commissioner Coletta) Withdrawn 6 June 11, 2002 I. Discussion regarding commercial property maintenance and Code Enforcement authority. (Commissioner Fiala) Continued to 6/25/02 - 4/0 J. Hispanic Affairs Advisory Board request for the County Commission to support a “Living Wage”/Farm Worker/Agricultural Issues Forum and Dialogue. Continued to 7/30/02 – 4/0 K. Request to eliminate $700,000 FY02 Budget for Indigent Care Program. (Commissioner Coletta) $700,000 to be returned to the General Fund Approved – 4/0 L. Authorize staff to prepare grant application (s) requesting State and Federal funds to fund 100% of a local Primary Care Facility. (Commissioner Coletta) Recommendation of Health and Human Services Advisory Committee Approved – 3/1 (Commissioner Coyle opposed) 10. COUNTY MANAGER’S REPORT A. This item has been deleted. Continued to June 25, 2002 Meeting B. Presentation of the revised Transportation 5-Year Road Plan and request the approval of an additional Senior Project Manager position to the Transportation Engineering and Construction Management Department, Fiscal Year 03 Cost $85,300. (Norman Feder, Administrator, Transportation Services) C. Request Board provide staff with direction in regard to landscape maintenance on Devonshire Boulevard. (Norman Feder, Administrator, Transportation Services) Staff to assume maintenance responsibility - Approved 4/0 D. THIS ITEM HAS A TIME CERTAIN OF 10:30 A.M. Update the Board of County Commissioners on the Southern Golden Gate Estates Hydrologic Restoration Plan. Presented by Carol Senne, Service Center Director, South Florida Water Management District. (James V. Mudd, Deputy County Manager) Presented 7 June 11, 2002 Continued to June 25, 2002 Meeting E. Request that the Board enter into a fifty-year lease agreement with the State of Florida for the use of the Florida Department of Transportation (FDOT) maintenance facility on Davis Boulevard for the purpose of transferring all Collier County Road and Bridge, Landscape and Roadway Drainage Maintenance Operations from the County Barn Road facility and to request the Board enter into an Interlocal Agreement for Asset Management with the FDOT for maintenance of all FDOT roadway within Collier County for an annual reimbursement of approximately $1,396,000 for services rendered. (Norman Feder, Administrator, Transportation Services) F. Authorize the County Attorney to amend County Code of Laws and Ordinances, Section 66-116, creating stricter enforcement of public swimming pools currently exempt under Florida Statutes. (Dr. Joan Colfer, Director, Health Department) Approved - 4/0 Moved from Item #16C1 and Continued to June 25, 2002 Meeting G. Authorize amendment to Camp Dresser and McKee Inc., Golden Gate Wellfield Reliability Improvements Design Contract in the amount of $20,000. Moved from Item #16D5 H. Approve a license agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri Continue to June 25, 2002 meeting – 4/0 Moved from Item #16A6 I. Recommendation to approve Commercial Excavation Permit No. 59.810 “Hideout Fishing Lake”, located in Section 24 and 25, Township 49 South, Range 26 East; bounded on the North by Brantley Boulevard, Hideout Golf Club and Land Zoned Agricultural, on the West by Land Zoned Estates, on the East by Hideout Golf Club, and on the South by Land Zoned Agricultural. Approved - 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Robert McConnell – Sidewalks in Collier’s Reserve – Staff to issue a certificate of occupancy to Citizens National Bank based on the bank applying for a variance (Consensus) 8 June 11, 2002 B. Bob Krasowski – re letting of contract for Waste Master Plan 12. COUNTY ATTORNEY’S REPORT A. THIS ITEM HAS A TIME CERTAIN OF 1:30 P.M. Approve Resolution 2002-265 to place on the November 5, 2002 General Election Ballot a question for the electors to approve the issuance of up to $75,000,000.00 in General Obligation Bonds payable from a levy of up to 0.25 Mill of Ad Valorem Taxes for a period of 10 years to fund the acquisition of environmentally sensitive lands. Resolution 2002-265 – Adopted 4/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Henning regarding letter from Clerk of Courts relating to waste water treatment plant employee overtime. ------------------------------------------------------------------------------------------------------------ 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 – 4/0 (Commissioner Fiala out) ---------------------------------------------------------------------------------------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Continued to June 25, 2002 Meeting 1) Amendment to an existing Affordable Housing Density Bonus Agreement for Saddlebrook Village PUD. 2) Approve the release of Code Enforcement Board Lien Documents established in Collier County, Florida v. Bruce G. Wood/Bruce G. Wood Tr. 9 June 11, 2002 3) This item has been deleted. 4) Request to approve for recording the final plat of “Saturnia Lakes Plat Two”, and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. 5) Approve the release of Code Enforcement Board Lien Documents established in Collier County, Florida v. Wendall L. Kramer, Salvatore F. Angileri, and Salvatore C. Grech. Moved to Item#10I 6) Recommendation to approve Commercial Excavation Permit No. 59.810 “Hideout Fishing Lake”, located in Section 24 and 25, Township 49 South, Range 26 East; bounded on the North by Brantley Boulevard, Hideout Golf Club and Land Zoned Agricultural, on the West by Land Zoned Estates, on the East by Hideout Golf Club, and on the South by Land Zoned Agricultural. 7) Approve the release of an easement no longer required recognizing the County has already received an equivalent permanent easement so as to accommodate the construction of residential dwel ling units on platted lots in Carlton Lakes. B. TRANSPORTATION SERVICES 1) Approve an Easement Agreement and accept a drainage easement for the Lely Area Stormwater Improvement Project at a cost not to exceed $1,900.00. As detailed in the Executive Summary 2) Approve Change Order No. 2 for $225,815.89 with Florida State Underground, Inc., for additional construction services for the Radio Road/Davis Boulevard Intersection Realignment, Project No. 65031. 3) Approve Supplemental Agreement No. 2 to the Professional Services Agreement in the amount of $435,650 with CH2MHill, Inc., for the design of Vanderbilt Beach Road improvements between Airport- Pulling Road and Collier Boulevard, Project No. 63051. 10 June 11, 2002 4) Approve Supplemental Agreement No. 3 to the Professional Services Agreement in the amount of $136,196 with CH2MHill, Inc., for the design of Vanderbilt Beach Road improvements between Airport- Pulling Road and Collier Boulevard, Project No. 63051. 5) This item has been deleted. 6) Request approval of $250,000 for the CR 951 Project Development and Environment Study being conducted by Lee County from Immokalee Road in Collier County to Alico Road in Lee County. Staff to work with Lee County to produce an interlocal agreement 7) Approve Work Order No. BRC-FT-02-03 for Better Roads Inc., to modify Radio Road Median Opening between Industrial Boulevard and Commercial Boulevard in the amount of $56,827, Project No. 60016. 8) Request the Board of County Commissioners approve change of name for a portion of former Radio Road to Radio Lane. Project No. 65031. Res. 2002-258 9) Approve Amendment No. 2 for $213,490.20 to the contract for Professional Engineering Services by CH2Mhill for Immokalee Road (CR 951 to 43rd Avenue NE) Four Lane Design, Project No. 60018. 10) Approve the reassignment of county-owned property for use by the Transportation Division and the Emergency Services Division. C. PUBLIC UTILITIES Moved to Item #10G and Continued to June 25, 2002 Meeting 1) Authorize amendment to Camp Dresser and McKee Inc., Golden Gate Wellfield Reliability Improvements Design Contract in the amount of $20,000. 2) Approve amendments to agreements with Florida Power and Light Company permitting the construction of a 16-inch reclaimed water main within FPL Power-Line Right-of-Way between Radio Road and Davis Boulevard. Transaction Cost should not exceed $30.00. 11 June 11, 2002 3) Approve a Resolution identifying the pledged revenues and authorizing the Public Utilities Administrator to submit an application for an estimated loan of $8,258,000; execute all documents related to the State Revolving Fund Number WWG 120597160 for the North County Water Reclamation Facility, Flow Equalization System, (Project No. 73077). Res. 2002-259 4) Approve Change Order to Construction Manager-At-Risk Contract for South County Water Reclamation Facility Expansion in the amount of $139,241, Contract 00-3171, Project 73949. To Montgomery Watson Americas, Inc. D. PUBLIC SERVICES Continued to June 25, 2002 Meeting 1) Approve changes to Collier County Parks and Recreation Neighborhood Park and Tot Lot Policy Application and Criteria. 2) Authorization to approve an Extension of an Agreement with the Southeastern Library Network (SOLINET) in the amount of $35,000 and permission for Chairman to sign agreement. 3) Recommend that the Board of County Commissioners approve the utilization of four assisted living facilities and two home health care agencies for providing emergency respite for caregivers of elder clients, in an amount not to exceed $53,106. 4) Approve Summer Food Service Program Grant for Immokalee and Naples in the amount of $461,900. Moved to Item #10H 5) Approve a license agreement with the Isles of Capri Civic Association to designate land for a future tennis court on Isles of Capri. 6) This item has been deleted. 7) Review a proposed agreement with the State of Department of Environmental Protection for Property to be utilized as boat ramp parking in exchange for maintenance of Shell Island Road. 12 June 11, 2002 Staff to prepare agreement with both Rookery Bay and the Conservancy E. ADMINISTRATIVE SERVICES 1) Award agreements for general contractors services, pursuant to RFP 02-3349, at an estimated annual cost of $1,500,000 to Surety Construction Co., The Chris-Tel Co., William J. Varian Construction Co., Inc., Professional Building Systems and Brooks and Freund, LLC. 2) Award Annual Standardization of Biofilter Odor Control Units pursuant to RFP #02-3350, in the estimated amount of $400,000. Awarded to US Filter 3) Approval of Budget Amendments for continued security staffing for the remainder of Fiscal Year 2001-02 in the amount of $59,000. 4) Recommendation to award annual contract for the purchase of Laboratory Chemicals and Supplies, Bid No. 02-3357, to Fisher Scientific Company, LLC and VWR International for the estimated amount of $40,000. F. EMERGENCY SERVICES G. COUNTY MANAGER Deleted: 1) Request authorization for the County Manager and/or the Acting County Manager to approve Consent and Emergency Agenda Items during the Board’s scheduled recess. (Tom Olliff, County Manager) H. AIRPORT AUTHORITY I. BOARD OF COUNTY COMMISSIONERS J. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. 13 June 11, 2002 K. OTHER CONSTITUTIONAL OFFICERS 1) Recommend that the Board of County Commissioners designate the Sheriff as the official applicant and program point-of-contact for the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, accept the Grant when awarded and approve applicable budget amendments. 2) Recommend that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement’s T.H.U.G.S. (Taking Hoodlums Using Guns Seriously) Byrne Grant Program, approve the Sheriff’s Office Grant Application, accept the Grant, and approve Associated Budget Amendments. L. COUNTY ATTORNEY 1) Request by the Housing Finance Authority of Collier County for approval of resolution authorizing the Authority to issue multi-family housing revenue bonds to be used to finance qualifying apartment project. Res. 2002-260 2) Request for funding to pay arbitrator fees and costs in the Lely Barefoot Beach Guardhouse Case, in the amount of $20,000. 3) Request by the Housing Finance Authority of Collier County for approval of a resolution authorizing the Lee County Housing Finance Authority to issue single-family mortgage revenue bonds to assist qualified buyers of single family homes in participating counties, including Collier County, and authorizing the Collier Authority to enter into an interlocal agreement with the Lee Authority. Res. 2002-261 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 14 June 11, 2002 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. Moved to Item #8D and then moved to Item #7A A. Petition CU-00-22, William Hoover, of Hoover Planning and Development, Inc., representing Yahl Mulching Inc., & Washburn Realty, LLC, requesting Conditional Use “2” of the “A” Rural Agricultural Zoning District to allow for the expansion of an existing horticultural mulching facility for property located on the South side of Washburn Avenue and approximately 2 miles East of Collier Boulevard (CR-951), in Section 31, Township 49 South, Range 27 East, Collier County, Florida. B. Ordinance amending Collier County Ordinance No. 95-67; also being a Resolution of Board of County Commissioners of Collier County, Florida, adopting Rules and Regulations of the Collier County Airport Authority; trespasses; carrying concealed weapons or concealed firearms; penalties; referrals within Collier County Government; authorizing Airport Authority employees to refer suspected violations for investigation or enforcement to outside law enforcement agencies; providing for inclusion of this ordinance into the Collier County Code of Laws and Ordinances; providing for inclusion of this Ordinance into the Collier County Code of Laws and Ordinances; providing for conflict and severability; providing for an effective date. Ord. 2002-28/Res. 2002-262 Moved to Item #8E C. Petition CCSL-2002-1-AR-2343, Annis Mitchell Cockney Edwards and Roehn, representing the Ritz Carlton, requesting a Coastal Construction Setback Line Variance to construct two (2) gazebos and a storage box for storage of beach equipment at the Ritz Carlton, Naples “Hotel Site” as described in O.R. Book 1073 Page 1474 and Annex Park Site as described in O.R. Book 1181 Page 1660, all located in Section 32, Township 48 South, Range 25 East, Collier County, Florida. 15 June 11, 2002 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD’S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER’S OFFICE AT 774-8383.