Recap 12/03/2002 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 3, 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 THE TIME IS ADJUSTED 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
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
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December 3, 2002
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
AGENDA AND MINUTES
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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.)
Approved and/or Adopted with changes - 5/0
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November 4, 2002 - LDC Workshop
Approved as presented 5/0
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November 5, 2002 - Regular Meeting
Approved as presented 5/0
SERVICE AWARDS
4. PROCLAMATIONS
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Proclamation to recognize Mr. Fred Thomas, Jr., for his efforts on the
Immokalee Housing Issue. To be accepted by Mr. Fred Thomas, Jr.
Adopted 5/0
Proclamation to recognize the week of December 2-8, 2002 as United Way
of Collier County Agency Awareness Week. To be accepted by Ernest
Bretzmann, United Way Executive Director.
Adopted 5/0
PRESENTATIONS
Presentation of the Fifteenth Annual Survey of Registered Voters. The
complete survey is on display in the County Manager's Office, 2nd Floor, W.
Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL.
Presented; Discussion of future surveys to be placed on an upcoming
agenda (Consensus)
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December 3, 2002
B. Presentation of Outstanding Agency of the Year Award for Collier County
Domestic Animal Services.
Presented
6. PUBLIC PETITIONS
Continued to January 28, 2003:
A. Public Petition Request by Mr. Ken Drum to discuss overall plan for the
Santa Barbara Extension.
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Public Petition Request by Mr. Jim Kramer to discuss procedure for
ascendancy to the Chairmanship of the Board of Collier County
Commissioners.
Discussed
7. BOARD OF ZONING APPEALS
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This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. This item has been continued from the
November 19, 2002 BCC Meeting: VA-2002-AR-2909, Craig J. Pajer, P.E.,
of AEC National Inc., representing Collier County Board of County
Commissioners Facilities Management Department, requesting approval of a
34-foot variance in the Public Use District (P) from the required 35-foot
maximum height limitation to 69-feet in order to construct a 5-story parking
garage on property located at the Collier County Government Center
adjacent to Building "J", 3301 East Tamiami Trail, Section 12, Township 50
South, Range 25, Collier County, Florida.
Resolution 2002-486 Adopted with temporary porkchop at Palm Drive
& Harrison 3/2 (Commissioners Coyle & Halas opposed)
This item requires that all participants be swom in and ex parte disclosure be
provided by Commission members. This item has been continued from the
November 19, 2002 BCC Meeting: CU-2002-AR-2759, Craig J. Pajer, P.E.,
of AEC National Inc., representing Collier County Board of County
Commissioners Facilities Management Department, requesting approval of a
Conditional Use "3" (Detention Facilities and Jails) in the Public Use
District (P) in order to construct an addition to the existing Naples Jail
Center on property located at the Collier County Government Center,
Building "J", 3301 East Tamiami Trail, Section 12, Township 50 South,
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December 3, 2002
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Range 25, Collier County, Florida.
Resolution 2002-487 Adopted 5/0
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. This item has been continued from the
November 19, 2002 BCC Meeting: VA-2002-AR-2908, Craig J. Pajer, P.E.,
of AEC National, Inc. representing Collier County Board of County
Commissioners Facilities Management Department, requesting approval of a
40-foot variance in the Public Use District (P) from the required 35-foot
maximum height limitation to 75-feet, in order to construct an addition to the
existing Naples Jail Center on property located at the Collier County
Government Center, Building "J", 3301 East Tamiami Trail, Section 12,
Township 50 South, Range 25, Collier County, Florida.
Resolution 2002-488 Adopted 3/2 (Commissioners Coyle & Halas
opposed)
ADVERTISED PUBLIC HEARINGS
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Adoption of an Ordinance amending Chapter 74 of the Collier County Code
of Law and Ordinances, as amended by Ordinance No. 2001-13, the Collier
County Consolidated Impact Fee Ordinance, providing for annual mid-cycle
year indexing adjustments to Road Impact Fee Rates and Parks and
Recreational Facilities Impact Fee Rates. (Phil Tindall, Impact Fee
Coordinator)
Ordinance 2002-66 Adopted - 4/0 (Commissioner Halas ou0
This item has a Time Certain of 1:00 P.M~ Adoption of an Ordinance
establishing the Conservation Collier Program providing for the Acquisition
of Environmentally Sensitive Lands in Collier County.
Ordinance 2002-63 Adopted with changes - 4/0 (Commissioner Halas-
out)
Recommendation that the Board of County Commissioners approve a
Second Amendment to the Interlocal Government Agreement with the City
of Naples for the Development of the Hamilton Harbor Marina Project.
Approved as Amended - 5/0
An Ordinance creating the Arnold/Mercantile Avenue Municipal Service
Taxing and Benefit Unit; providing the authority; providing for the creation;
providing a purpose and governing body; providing for annual estimates of
expenses, taxation not to exceed 1 MIL of Ad Valorem Taxes per year and
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December 3, 2002
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assessment rate; providing for the collection of taxes and assessments;
providing for conflict and severability; providing for inclusion in the Collier
County Code of Laws and Ordinances; providing for an effective date.
Ordinance 2002-65 - Adopted 4/0 (Commissioner Halas out)
An Ordinance creating the South 8th Street/Doak Avenue Municipal Service
Taxing and Benefit Unit; providing the authority; providing for the creation;
providing a purpose and governing body; providing for annual estimates of
expenses, taxation not to exceed .5 MILS of Ad Valorem Taxes per year and
assessment rate; providing for the collection of taxes and assessments;
providing for conflict and severability; providing for inclusion in the Collier
County Code of Laws and Ordinances; providing for an effective date.
Continued to December 17, 2002 -3/1 (Commissioner Henning-
opposed; Commissioner Halas-out)
An Ordinance creating the Little League Road/Trafford Farm Road
Municipal Service Taxing and Benefit Unit; providing the authority;
providing for the creation; providing a purpose and goveming body;
providing for annual estimates of expenses; taxation not to exceed .5 MILS
of Ad Valorem Taxes per year and assessment rate; providing for the
collection of taxes and assessments; providing for conflict and severability;
providing for inclusion in the Collier County Code of Laws and Ordinances;
providing for an effective date.
Continued to December 17, 2002 - 3/1 (Commissioner Henning-
opposed; Commissioner Italas-ou0
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2002-AR-2200,
Richard D. Yovanovich, Esquire, of Goodlette, Coleman and Johnson, P.A.,
representing First Baptist Church of Naples Inc., requesting a rezone from
"C-1" to "PUD" Planned Unit Development known as Mission Square PUD
located on the North side of Pine Ridge Road between Goodlette-Frank
Road (CR-851) and Jaeger Road for property located at 1595 Pine Ridge
Road, in Section 10, Township 49 South, Range 25 East, Collier County,
Florida, consisting of 10.5+ acres.
Ordinance 2002-64 Adopted with changes - 4/0 (Commissioner Halas-
out)
Moved from Item #17B:
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December 3, 2002
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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. VA-2002-AR-2431
Tina Levan requesting a 15.5 foot variance for a pool screen enclosure in thc
RSF- 1 Zoning Disthct, from thc 30-foot side yard setback requirement, to
allow a 23.5 foot setback, pursuant to Land Development Code Sections
2.2.4.4.4 and 2.15.2.1A. on property located at 250 Carica Road further
described as Lot 4, Block 7, Unit 2, Pine Ridge 2"d Extension. Plat Book 10,
Page 815 as recorded in Collier County Public Records, Collier County,
Florida in Section 34, Township 48 South, Range 25 East.
Resolution 2002-489 Adopted - 4/0 (Commissioner Halas out)
BOARD OF COUNTY COMMISSIONERS
10. COUNTY MANAGER'S REPORT
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Presentation of Aquifer Performance Test Report regarding the City of
Naples East Golden Gate Well Field. A copy of the report is on display in
the County Manager's Office, 2"d Floor, W. Harmon Turner Building, 3301
East Tamiami Trail, Naples, FL. (Jim DeLony, Administrator, Public
Utilities)
Presented; To be further discussed in workshop session with the City of
Naples in January, 2003 (Consensus)
Recommendation of Final Candidate Selections for the position of Chief
Hearing Examiner by the Hearing Examiner Advisory Committee. (Jim
Mudd, County Manager)
Hearing Examiner not to be hired and responsibility to remain with
BCC - 4/0 (Commissioner Halas out)
PUBLIC COMMENTS ON GENERAL TOPICS
A. Mr. Kramer regarding the Airport Authority
B. Monty Lazarus regarding the Airport Authority
COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
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For the Collier County Board of County Commissioners to clarify their
intent related to Change Order Seven of the Contract between the Board and
Project Integration for the five million gallon per day expansion at the North
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December 3, 2002
14.
Regional Water Reclamation Facility.
County Manager's statement with regard to intent of change order-
Approved - 5/0
AIRPORT AUTHORITY
15.
STAFF AND COMMISSION GENERAL COMMUNICATIONS
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Airport Authority Ordinance Update. (Jim Mudd, County Manager)
County Manager to look at Ordinance with County Attorney and
Airport Authority and come back to the BCC on January 14, 2003.
B. Discussion regarding growth of Utilities and Transportation. (County
Manager Mudd)
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Safety concerns of Lely Golf Estates residents regarding Warren Street to be
brought back to the BCC on January 14, 2003. (Commissioner Fiala)
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
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of "Collier's Reserve".
Resolution 2002-480
2) Request to approve for recording the Final Plat of"Castlewood at
Imperial" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
3) Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of "Pelican Marsh Unit
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December 3, 2002
4)
Eighteen".
Resolution 2002-481
Final acceptance of Water Utility Facilities for the Pinnacle at The
Strand.
5)
6)
Request to grant Final Acceptance of the Roadway, Drainage, Water
and Sewer Improvements for the Final Plat of "Coachmen Glen".
Resolution 2002-482
Final acceptance of Water Utility Facilities for Bermuda Bay at Bay
Forest.
7)
8)
9)
10)
11)
Request to approve for recording the Final Plat of "Camden Cove".
Petition AVESMT2002-AR2766 to vacate, renounce and disclaim
easements recorded in separate instruments in the Public Records of
Collier County, Florida, located in Section 24, Township 48 South,
Range 25 East, Collier County, Florida.
Resolution 2002-483
Petition CARNY-2002-AR-3389, Sandra Ramos, Program Leader II,
Collier County Parks and Recreation Department, requesting a Permit
to conduct the annual "Christmas Around the World" Carnival on
December 13, 2002, on County owned property at the Immokalee
Sports Complex, located at 505 Escambia Street, Immokalee, Florida.
Carnival Permit 2002-11
Petition CARNY-2002-AR-3342, Peg Ruby, Special Events
Coordinator, Collier County Parks and Recreation Department,
requesting a Permit to conduct the annual "Snowfest" Carnival on
December 7, 2002, on County owned property at the Golden Gate
Community Park, located at 3300 Santa Barbara Boulevard.
Carnival Permit 2002-12
Approval of a Budget Amendment to purchase an additional vehicle
for the approved expanded evening Supervisor position and for the
purchase of additional workstations for the approved expanded
Investigator/Supervisor and Customer Service positions.
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December 3, 2002
B. TRANSPORTATION SERVICES
1)
Approve an Easement Agreement and accept an Access Easement in
favor of Collier County and SFWMD-BCB for periodic maintenance
of the Golden Gate Main Canal under the bridge constructed at 13th
Street SW. (Project No. 60012) Fiscal Impact: $20,100.00
2)
Board approval to terminate a Lease Agreement with Volusia County
for the use of two trolley/buses.
3)
Approve Supplemental Agreement No. 6 to the Professional Services
Agreement with URS Corporation Southern, in the amount of
$99,715, for the design of County Barn Road from Davis Boulevard
to Rattlesnake Hammock Road, Project No. 60101.
4)
Request Board approval of an Agreement between Collier County and
the Collier Park of Commerce Owners' Association, Inc. (COPC) for
the purpose of constructing two connecting roads between South
Horseshoe Drive and Enterprise Avenue Extension (Transfer Station
Road) at no cost to Collier County.
s)
Execute a subordination of Utility Interests Agreement with Florida
Power and Light Company relative to Transfer Road at Naples
Airport.
6)
Approve Developer Contribution Agreement with Naples Lakes
Development for Road Impact Credits subject to developer complying
with all conditions of the Agreement imposed by the County. Due to
oversized package, complete back-up material is on display in the
County Manager's Office, 2nd Floor, W. Harmon Turner Building,
Naples, FL.
7)
Approve Developer Contribution Agreement with Sierra Meadows
Development for Road Impact Credits subject to developer complying
with all conditions of the Agreement imposed by the County. Due to
oversized package, complete back-up material is on display in the
County Manager's Office, 2nd Floor, W. Harmon Turner Building,
Naples, FL.
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December 3, 2002
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8)
Approve an Interfund Transfer for Davis Boulevard, Phase II,
Landscape Renovation in the amount of $4,024.50.
9)
Authorize Change Order No. 1 to the Immokalee Road/I-75
Interchange Construction Contract in the amount of $426,091.80,
which includes a portion of work to be paid for by Brentwood Land
Partners, LLC. (Project No. 66042A)
PUBLIC UTILITIES
1)
Accept a Right of Entry, Utility Easement, and Access Easement from
the District School Board of Collier County, Florida, for the
installation of a monitoring well on the Lely High School Property,
the cost of which will not exceed $50.00.
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2)
Recommendation to Award Bid #03-3434 - "Chemicals for Utilities"
in the estimated amount of $718,401.
3)
Approve Work Orders (2) to develop a master plan to investigate the
Golden Gate Canal for irrigation water in the aggregate amount of
$87,300, Project 74021.
PUBLIC SERVICES
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1)
Authorize a Budget Amendment recognizing revenue to fund three (3)
additional EMS positions as outlined in the Naples Community
Hospital Transportation Service Agreement.
ADMINISTRATIVE SERVICES
1)
2)
Award Contract #01-3290 "Fixed Term Professional Engineering
Services" to Wilson Miller, Inc.
Approval to Award Bid #02-3432 "On-Call Mechanical Contractor
Services" to United Mechanical Inc., B & I Contractors Inc., and Air
Mechanical and Service Corporation for Mechanical Engineering and
Contractor Services.
3)
Approval to Award Bid #02-3431 "On-Call Overhead Door and
Automatic Gate Contractor for Annual Service and Repairs" to Action
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December 3, 2002
4)
Automatic Door, Inc., and Overdoors of Florida Inc.
Approve payment in the amount of $161,995 to the City of Naples for
Water System Development Fees for service at the Main Government
Complex.
5)
6)
7)
Approve a Budget Amendment to reappropriate carryforward funds in
several projects and to reopen purchase orders in FY03 that were
closed in error in FY02 in the amount of $177,245.
Approve a Lease Agreement with East Naples United Methodist
Church Inc., for land to be used for additional Government Complex
Parking at an annual rent of $1,000.
Approval of Group Health Third Party Administration Fees for
Calendar Year 2003.
F. COUNTY MANAGER
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1)
Acceptance of an Agreement between the State of Florida,
Department of Community Affairs and Collier County for funds to be
used for Shelter Enhancement for the Vineyards and Laurel Oaks
Elementary Schools and approve a Budget Amendment to recognize
and appropriate revenue in the amount of $48,750.
2)
Approve Isles of Capri Fire/Rescue Application for a matching
(50/50) Grant offered by the Florida Division of Forestry in the
amount of $2,230 and approve the necessary Budget Amendments.
AIRPORT AUTHORITY
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BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
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1) Miscellaneous Items to File for Record with Action as Directed.
OTHER CONSTITUTIONAL OFFICERS
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December 3, 2002
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1)
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
purchases. Copy of Open Purchase Order Report is on display in the
County Manager's Office, 2nd Floor, W. Harmon Turner Building,
3301 East Tamiami Trail, Naples, FL.
COUNTY ATTORNEY
17.
1)
Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance educational facilities for Community
School of Naples Inc.
Resolution 2002-484
2)
Recommendation that the Board of County Commissioners approve
and ratify the Collective Bargaining Agreement including the 2002
Reopener with the Professional Firefighters of the Everglades
International Association of Firefighters, Local 3670.
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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This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members VA-2002-AR-2617
Marlo Valle, of Creative Homes of Southwest Florida, Inc., representing
Lloyd E. Wynn, requesting after-the-fact variances in the Estates (E) Zoning
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December 3, 2002
District from the required: 1) 30-foot side yard setback (LDC Section
2.2.3.4.3.1.), to allow a 14.4 feet side yard setback (A Variance of 15.6
Feet); and 2) 75-foot front yard setback (LDC Section 2.2.3.4.3.2.), to allow
a 70.1 foot front yard setback (A Variance of 4.9 Feet), for property located
at 2231 14th Avenue NE, further described as Golden Gate Estates Unit 16,
Tract 99, Lot E-150, as recorded in Plat Book 7, Pages 3-4, Collier County
Records, in Section 36, Township 48 South, Range 27 East.
Resolution 2002-485
Moved to Item #8H:
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission membersl VA-2002-AR-2431
Tina Levan requesting a 6.5 foot variance for a pool screen enclosure in the
RSF-1 Zoning District, from thc 30-foot side yard setback requirement, to
allow a 23.5 foot setback, pursuant to Land Development Code Sections
2.2.4.4.4 and 2.6.2.1.4. on property located at 250 Carica Road further
described as Lot 4, Block 7, Unit 2, Pine Ridge 2nd Extension. Plat Book 10,
Page 86 as recorded in Collier County Public Records, Collier County,
Florida in Section 34, Township 48 South, Range 25 East.
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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December 3, 2002