Recap 10/08/2002 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 8, 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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October 8, 2002
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FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE 'HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS, OFFICE.
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LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Josh Perez, New Hope Ministries
AGENDA AND MINUTES
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Approval of today's regular, consent and summary agenda as amended. (Ex
Pane Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes- 5/0
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September 5, 2002 - Landscape Workshop
September 5, 2002 - Special-Budget Hearing
September 6, 2002 - GIS Workshop
September 9, 2002 - Special-Pelican Bay Meeting
September 10, 2002 - Regular Meeting
September 17, 2002 - Impact Fee Workshop
Approved as Presented - 5/0
SERVICE AWARDS
PROCLAMATIONS
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Proclamation for Weed and Seed Program in Immokalee. To be accepted by
Will Daniels, U.S. Department of Justice-Tampa District; Sheriff Don
Hunter; Commissioner James N. Coletta; Terrance Sumter, Resident Terrie
Aviles, Temporary Chairperson-Executive Committee/Seeding Chair
Lieutenant Mark Baker, Temporary Vice-Chairperson-Executive
Committee/Weeding Chair Corporal Martha Bucholtz, Temporary
Secretary-Executive Committee.
Adopted - 5/0
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Proclamation for Naples Players Day. To be accepted by Dolores Gamble,
John Sorey, President, Jim Rideoutte, Executive Director and Ted Tobye,
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October 8, 2002
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Chairman on the 50th Anniversary Committee.
Adopted - 5/0
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Proclamation for Lights on After School. To be accepted by Susan
Luenberger, President and Linda Flewelling, Chairman of the Board of
Trustees of the Community Foundation.
Adopted - 5/0
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Proclamation to recognize October as National Arts and Human/ties Month
in Collier County. To be accepted by Joy Lelonek, Executive Director of the
United Arts Council; William R. O'Neill, President and George Lange,
Chairman of Collier County Cultural Plan.
Adopted - 5/0
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Proclamation to recognize October as Brain Injury Awareness Month. To
be accepted by Lisa A. Phipps.
Adopted - 5/0
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Proclamation to designate October 6 - 12, 2002 as National 4-H Week.
be accepted by Brooke Haas, County Council President.
Adopted - 5/0
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Proclamation to recognize October 8, 2002 as NAACP Freedom Fund Day.
To be accepted by LaVerne Franklin, President of the NAACP, Collier
County Branch.
Adopted - 5/0
PRESENTATIONS
PUBLIC PETITIONS
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC HEARINGS
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Petition ST-2194 continued from the September 10, 2002 BCC Meeting.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition ST-2194, Michael Landy, P.E.,
of Landy Engineering, Inc., representing a Southwest Florida Opportunity
Fund, L.L.C., requesting a Special Treatment Development Permit to
construct a 11,200 square foot drug store and a 266-seat restaurant via the
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October 8, 2002
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Withdrawn
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site development plan approval process on a 4.02 Acre Site Zoned C-3ST,
located at the Northeast corner of the intersection of US-41 and CR-951 in
Section 3, Township 51 South, Range 26 East, Collier County, Florida.
Resolution 2002-422 - Adopted 5/0
This item requires that all participants be sworn in and ex partc,
disclosure be ~Commission members. Petition PUDA-02-
AR-2098, Mr. Robert L. Duane, AICP, of Hole, Montes and Associates,
Inc., representing Benderson Development Company, requesting a rezone
from "PUD" to "PUD" Planned Unit Development known as Lawmetka
Plaza for property located on the Northwest corner of Wiggins Pass Road
(CR 888) and US-41, in Section 16, Township 48 South, Range 25 East,
Collier County, Florida, consisting of 34 acres.
Ordinance 2002-51 - Adopted 5/0
To obtain Board approval of local amendments to the Florida Fire
Prevention Code by adopting an Ordinance and directing staff to complete
the process to make the amendments effective.
Ordinance 2002-49 - Adopted 5/0
Amendment to the Emergency Management Ordinance expanding the
succession of authority to include all County Commissioners, the County
Clerk of Courts and the Deputy County Manager.
Ordinance 2002-50 - Adopted 5/0
Petition PUD-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.
To approve County Code of Laws and Ordinances, Section 66-116, as
amended by the County Attorney, creating stricter enforcement of Public
Swimming Pools currently under Florida Statutes.
Continued and to be brought back with a redesigned program - 5/0
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October 8, 2002
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Adoption of a Resolution amending the Road Impact Fee Rate Schedule,
which is Schedule One of Appendix A of Chapter 74 of the Collier County
Code of Law and Ordinances, the same being the Collier County
Consolidated Impact Fee Ordinance.
Resolution 2002-423 - Adopted w/changes - 5/0
BOARD OF COUNTY COMMISSIONERS
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Appointment of member to the Affordable Housing Commission.
Resolution 2002-424 appointing David Ellis - Adopted 5/0
Appointment of member to the Workforce Housing Advisory Committee.
Resolution 2002-425 appointing Esmeralda Serrata - Adopted 5/0
Appointment of member to the Historical/Archaeological Preservation
Board.
Resolution 2002-426 appointing Thomas Franchino - Adopted 5/0
Appointment of members to the Lely Golf Estates Beautification Advisory
Committee.
Resolution 2002-427 appointing Ron Torp and Robert Slebodnik-
Adopted 5/0
Resolution opposing the Acquisition of the Marco Island/Marco Shores
Utility System by the Florida Water Services Authority. (Commissioner
Fiala)
Resolution 2002-428 - Adopted 5/0
COUNTY MANAGER'S REPORT
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Staff request the Collier County Board of County Commissioners' discuss,
at a Public Hearing, the proposed contents of an Ordinance providing for the
acquisition of environmentally sensitive lands and indicate to staff whether
to prepare the Ordinance for advertising and adoption upon the passage of
the November 5, 2002 General Election Ballot. (Joseph K. Schmitt,
Administrator, Community Development)
Staff to prepare ordinance if the November Referendum ballot question
passes - 4/0 (Commissioner I-Ienning ou0
Recommendation to approve a Resolution superseding Resolution No. 01-
410 establishing the Schedule of User Fees for Ground and Air Ambulance
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October 8, 2002
Transport and Related Services. (John Dunnuck, Administrator, Public
Services)
Resolution 2002-429 - Adopted with change regarding one year waiver
4/0 (Commissioner Henning out)
C. Adopt a Resolution establishing and implementing beach parking fees and
rules and repealing Resolution No. 99-240. (John Dunnuck, Administrator,
Public Services)
Resolution 2002-430 - Adopted 4/0 (Commissioner Henning ou0
Continued to October 22, 2002 D.
Added
E.
This item continued from the Se tember 24 2002 BCC A enda.
Approve amended Median Landscaping Agreement between Collier County
and the Vineyards Development Corporation in the amount of $80,000.
(Norman Feder, Administrator, Transportation Services)
Approve Budget Amendment for Wiggins Pass emergency maintenance
dredging engineering services in the amount of $10,000. (Staff Request)
Approved - 5/0
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PUBLIC COMMENTS ON GENERAL ToPICs
12.
A. Mr. Kramer requesting a debate against Frank Halas.
COUNTY ATTORNEY'S REPORT
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Request of the County Attorney that the Board of County Commissioners
enter into a Closed Attorney-Client Executive Session pursuant to Section
286.011(8), Fla. Stat., at the October 22, 2002 regularly scheduled Board of
County Commissioners Meeting for purposes of advice/discussing
Settlement Negotiations and Strategy related to Litigation Expenditures in
Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now
pending in the United States District Court for the Middle District of Florida.
Approved 5/0
Resolution authorizing Commission District Newsletters, Informative
Notices, Mailers or Other Informational Sites or Transmittals.
Resolution 2002-431 - Adopted 4/1 (Commissioner Henning opposed)
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October 8, 2002
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15.
OTHER CONSTITUTIONAL OFFICERS
AIRPORT AUTHORITY
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Staff directed to Implement and collect School Impact Fees re Homewood
Estate and Bentley Village. - 5/0
B. Discussion regarding water quality of Vanderbilt Bay
C. Staff directed to work with Mosquito Control to incorporate Golden Gate
Estates and Immokalee into the District.
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
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COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
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Approve 2003 Tourism Agreement with Marco Island Historical
Society for Tourist Development Special Museum Grant of $25,000.
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of"Stonebridge Unit Four".
Resolution 2002-420
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Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for "Stonebridge Unit Five".
Resolution 2002-421
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-198 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
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October 8, 2002
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Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-199 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2001-045 styled Board of County Commissioners Collier
County, Florida vs. Patrick and Erin Rose regarding violation to
Ordinance No. 91-102, Sections 3.9.3 as amended of the Collier
County Land Development Code.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2000-035 styled Board of County Commissioners Collier
County, Florida vs. I.E.C. Rentals, Inc. and Ivy Jean Nebus regarding
violation to Ordinance No. 91-102, Sections
1.5.6,2.1.11,2.1.15,2.2.16.2.1,3.3.9, as amended of the Collier County
Land Development Code and Ordinance No. 99-51, Sections 6,7,8,9
of the Collier County Weeds and Litter Ordinance.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-200 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-175 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-181 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-182 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
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October 8, 2002
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Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-196 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
13.
Approval of the Satisfaction of Lien for Code Enforcement Board
Case No. 2002-197 styled Board of County Commissioners Collier
County, Florida vs. Palm River Estates regarding violation of
Ordinances No. 99-51 of the Collier County Land Development Code.
14.
Approve renewing temporary parking and staging area easements
between CPOC Development Company, L.L.C., and Collier County
for one year's continued use of land located South of Development
Services during construction of the parking deck, at a cost not to
exceed $53,549.
B. TRANSPORTATION SERVICES
Request that the Board of County Commissioners approve Work
Order #CT-02-02 to Chris-Tel Company in the amount of $51,750.00
for the construction of the median landscape planter on the Haldeman
Creek Bridge on Bayshore Drive.
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Approve Selection Committee ranking of three firms for contract
negotiations for RFP 02-3398 "Professional Design and Related
Services for Collier Boulevard from Golden Gate Boulevard to
Immokalee Road", Project No. 65061.
Staff to begin negotiations with CH2MhilI, Agnoli, Barber &
Brundage and Boyle Engineering
Continued to October 22,2002
3. Board approval to utilize insurance proceeds to purchase two
reconditioned transit buses and other support equipment in an amount
not to exceed $91,853.
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PUBLIC UTILITIES
1. Accept Water and Sewer Utilities provided in accordance with
Developer Contribution Agreement with LB/P Groveway, LLC in the
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October 8, 2002
amount of $223,496.25.
PUBLIC SERVICES
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Approve an Agreement with the District School Board of Collier
County for transporting school age Summer Camp Participants at an
estimated cost of $60,000.
ADMINISTRATIVE SERVICES
To authorize staff to reject Bid #02-3410 "Purchase of Limerock and
Fill Materials".
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Approval to purchase Property, Casualty and Workers' Compensation
Insurance and related services for FY2003.
EMERGENCY SERVICES
COUNTY MANAGER
AIRPORT AUTHORITY
BOARD OF COUNTY COMMISSIONERS
Commissioners' request for approval for payment to attend functions
serving a valid public purpose.
Commissioner Coletta to be reimbursed $20; and Commissioner
Carter to be reimbursed $18.95
MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Items to be Filed for Record as Directed.
OTHER CONSTITUTIONAL OFFICERS
That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the
Detailed Report of Open Purchase Orders serve a valid public purpose
and authorize the expenditure of County funds to satisfy said
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October 8, 2002
Purchases.
L. COUNTY ATTORNEY
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Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 182 in the Lawsuit styled Collier County v.
Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road
Project #60018).
Staff to deposit $700 into the Registry of the Court
Recommendation that the Board pay the reasonable attorney's fees
and costs incurred by two (2) County employees in connection with
the March 7, 1999 Sulfuric Acid Spill at the North County Regional
Water Treatment Plant as they have successfully completed pretrial
diversion and the charges against them have been dismissed and that
the Board approve any necessary Budget Amendment.
Fees in the amounts of $9,749.20 for Barry Erickson; and
$2,049.00 for Robert Wheeler
Approve the Agreed Order awarding Supplemental Attomey's Fees
relative to Easement Acquisitions o£Parcels 170 and 770 in the
Lawsuit entitled Collier County v. Fred R. Sutherland, individually
and D/B/A Sutherland Paint Horses, et al, Case No. 01-0756-CA
(Livingston Road Project No. 60071) in the amount of $273.00.
4. Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 175B in the Lawsuit styled Collier County v.
Michael $. Combs, et al, Case No. 02-2315-CA (Immokalee Road
Project #60018).
Staff to deposit $800 into the Registry of the Court
5. Approve the Stipulated Final Judgment relative to the Acquisition of
Parcel 210 in the Lawsuit entitled Collier County v. Efrain Arce, et al,
(Immokalee Phase 1 Project).
Staff to deposit $8,200 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
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October 8, 2002
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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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDA-2002-
AR-2559, Dwight Nadeau of RWA Inc., representing Richard Davenport,
requesting an amendment to the "Hibiscus Village" Planned Unit
Development (PUD), for the purpose &revising Table I, Residential
Development Standards to add lot area and width standards for the multi-
family land use in order to facilitate the opportunity to subdivide the multi-
family tract associated with the attached townhouse residences for fee
simple conveyance for property located on the West side of Collier
Boulevard (CR 951) and approximately one and a quarter miles South of
Immokalee Road (CR 846) in Section 34, Township 48 South, Range 26
East, Collier County, Florida.
Ordinance 2002-46
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDZ-01-AR-
1331, R. Bruce Anderson of Young, VanAssenderp, Varnadoe and Anderson
and Wayne Arnold of Q. Grady Minor and Associates, representing Martin
Adler, requesting a rezone from "A" Rural Agricultural to "PUD" Planned
Unit Development to be known as the ASGM Business Center PUD
allowing a business park for property located on thc East side of Collier
Boulevard (CR 951) and approximately one-half mile South of Tamiami
Trail (US 41) in Section 10, Township 41 South, Range 26 East, Collier
County, Florida.
Ordinance 2002-47 with stipulation
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members An Ordinance
amending Ordinance 02-35 to correct a Scrivener's Error in Section 3.5 -
Development Standards of the Winding Cypress PUD that is located on the
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October 8, 2002
East side of Collier Boulevard (CR 951) in Sections 26 and 35, Township 50
South, Range 26 East and Sections 2 and 3, Township 51 South, Range 26
East, Collier County, Florida.
Ordinance 2002-48
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOUI,D
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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October 8, 2002