Recap 01/28/2003 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
January 28, 2003
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
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January28,2003
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
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. Father Tim Navin, St. Peter the Apostle Catholic Church
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.)
Be
SERVICE AWARDS
Presented
January 7, 2003 - Joint BCC/City of Naples Workshop
January 8, 2003 - BCC/Land Development Code Amendments
A. Twen~, -Year Attendees:
1) Gregorio Flores, Utilities Finance
2) Gary Hamm, Road Maintenance
B. Twenty-Five Year Attendee:
1) Jodi Walters, Domestic Animal Services
PROCLAMATIONS
A.
Proclamation for Love My Library Month. To be accepted by John Jones,
Director of Library and Helen Eckhardt, President of Friends of the Library.
Adopted - 5/0
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,lanuar¥ 28, 2003
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Proclamation to designate the week of January 26 through February 1 as
Catholic Schools Week. To be accepted by students from 4th, 5th and 6th
grades, their respective teachers and Rachel Baler, Dean of Studies.
Adopted - 5/0
5. PRESENTATIONS
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Presentation to the Board of County Commissioners for their support of the
Healthy Kids Program. Plaque to be presented by Dr. Joan Colfer, Director
of Collier County Health Department, and Maryann McCarty, Nursing
Program Specialist.
Presented
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Presentation to the Transportation Division to award Sponsor of the Year
Awards for the Adopt-A-Road Program administered by the Road and
Bridge Section of the Transportation Operations Department.
Presented
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Presentation to recognize Glenn Price as this year's outstanding Aquatic
Plant Manager of the Year, awarded by the Florida Aquatic Plant
Management Society.
Presented
6. PUBLIC PETITIONS
Public Petition request by Mr. Ken Drum to discuss overall plan for the
Santa Barbara Extension.
Staff to schedule a workshop (Consensus)
Continued to February 11, 2003:
B. Public Petition request by Mr. Jim Kramer to discuss Selective Non-
Enforcement of the Collier County Sign Ordinance.
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. PUDA-2002-AR-2803,
Karen Bishop of PMS Inc. of Naples, representing Walnut Lakes LLC,
requesting an amendment to the Walnut Lakes PUD having the effect of
modifying development standards in Table 1 to provide for a revision to
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Januar~ 28, 2003
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yard requirements, specifically to reduce the 1 O-foot side yard setback for
single-family detached dwelling units to 6 feet for one-story homes and 6
feet for two story homes; and to revise the master plan to eliminate the golf
course and the site specific nature of a potential assisted living facility, for
property located on the North side of US-41 and approximately 2.5 miles
East of Collier Boulevard (CR-951) in Section 12, Township 51 South,
Range 26 East, Collier County, Florida.
Ord. 2003-06 w/changes - Adopted 5/0
ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
10.
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Request Board to set the balloting date for the recommendation of members
to the Pelican Bay MSTBU Advisory Committee by record title owners of
property within Pelican Bay.
Res. 2003-61 confirming Balloting date set for March 7, 2003 - Adopted
5/O
Appointment of members to the Golden Gate Community Center Advisory
Committee.
Res. 2003-62 re-appointing William E. Arthur, Cheryle Newman and
James J. Hennick- Adopted - 5/0
Appointment of members to the County Government Productivity
Committee.
Res. 2003-63 re-appointing Joseph Mumaw and appointing Albin A.
Kozel, Jr., Stephen L. Price, James C. Ray, Jr. and Richard Schmidt -
Adopted 5/0
Appointment of member to the Lely Golf Estates Beautification Advisory
Committee.
Res. 2003-64 appointing Tony Branco - Adopted 5/0
Discussion regarding addition to Goodland Overlay. (Commissioner Fiala)
Sign Ordinance Overlay and Commercial Vehicle Overlay to be
considered during Land Development Code Amendments (Consensus)
COUNTY MANAGER'S REPORT
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January 28, 2003
Presentation to the Board of County Commissioners by the Greater Naples
Area Chamber of Commerce and the Solid Waste Management Department
of a Six Month Progress Report regarding the suspended Ordinance
establishing a mandatory non-residential recycling program within the
Unincorporated Areas of Collier County. (Jim DeLony, Administrator,
Public Utilities)
Presented
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
Continued to February 11, 2003:
A. Request for Board approval, in accordance with Collier County Resolution
No. 95-632, for outside counsel to represent individual defendants in the
Florida Water Services Corporation vs. Collier County, et al, Lawsuit, and
for the related purchasing policy waiver due to exigent litigation
circumstances.
To be heard at 10:30 A.M.:
B. Recommendation' that the Board of County Commissioners approve and
ratify a Memorandum of Understanding with the Southwest Florida
Professional Firefighters, Local 1826, International Association of
Firefighters, Inc. (EMS Bargaining Unit) for, among other things, a third
year wage adjustment of 2.9% retroactive to November 1,2001 for all
bargaining unit employees and a merit increase of 1.6% retroactive to
October 1, 2002 for eligible full time bargaining unit employees.
Approved- 5/0
Moved from Item #16K5:
C. That the Board of County Commissioners, as the Governing Body of Collier
County and as Ex-Officio Governing Board of the Isles of Capri Municipal
Rescue and Fire Services Taxing District and the Ochopee Fire District enter
into Interlocal Agreements with Independent Fire Districts for the purpose of
implementing the duties and obligations of the various dependent and
independent Fire Districts with respect to Fire Plan Review and Fire Code
Inspections for new construction, construction projects and existing
structures within the various districts.
Approved with changes - 5/0
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January 28,2003
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY
15.
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Ellen Chadwell re: 175 & Golden Gate Parkway Interchange
B. Jim Mudd re: adding South Golden Gate Estates Project on 1/29/03 Board
of County Commisioners Workshop Agenda
C. Commissioner Coletta re: Access rights for Golden Gate Estates Project
D. Commissioner Coyle re: Staff to look into FPL Transmission Lines and the
Economic Development Plan
E. Commissioner Henning re: policy considering Change Orders & Request
for Qualification Process (RQP)
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)
This item continued from the January 14~ 2003 BCC Meeting.
Approval of one (1) impact fee refund request totaling $3,327.00 as a
rebuild ~rom a house fire.
2)
Approval of one impact fee refund request totaling $3,713.82, non-
buildable lot.
3)
Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Marsh Unit Nine".
Resolution 2003-39
4)
Request to approve for recording the final plat of "Forest Park Phase
III", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
With Stipulations
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Request to approve for recording the final plat of "Tuscany Reserve"
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
With Stipulations
6)
Request to approve for recording the final plat of "Venezia Grande
Estates" and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
With Stipulations
7)
Request to approve for recording the final plat of"Jasmine Lake-A",
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
With Stipulations
8)
Request to approve for recording the final plat of "Masters Reserve-
Phase II", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
With Stipulations
9)
Approve Collier County to enter into a three-year agreement with the
Collier County Hunger and Homeless Coalition to become the Lead
Agency for the Annual HUD Continuum of Care Grant Application.
10)
Approve a Resolution supporting proposed legislation for
consideration by the 2003 Florida Legislature, to 1) extend the
deadline allowing rural enterprise zones to expand their jurisdictional
boundaries, and 2) reduce the required minimum purchase price from
$5,000 to $500 for eligibility under the Enterprise Zone Business
Equipment Sales Tax Refund Program.
Resolution 2003-40
11)
Recommendation that the Board of County Commissioners amend the
hire date from April 2003 to February 2003 for the two new Planner
positions in the Comprehensive Planning Section of Planning
Services.
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January 28, 2003
12)
A Resolution supporting March Performance as a Qualified Applicant
pursuant to ~288.106, Florida Statutes; and providing an appropriation
of $32,000 as local participation in the Qualified Target Industry Tax
Refund Program for Fiscal Year(s) 2004 through 2007, and providing
for an effective date.
Resolution 2003-41
B. TRANSPORTATION SERVICES
1)
That the Board authorize the Transportation Administrator or his
designee to execute the attached Federal Transit Administration
Section 5310 Grant Application and applicable documents.
Resolution 2003-42
2)
That the Board authorize the Transportation Administrator or his
designee to execute the attached Federal Transit Administration
Section 5311 Grant Application and applicable documents.
Resolution 2003-43
3)
A Resolution of the Collier County Board of County Commissioners
authorizing the execution of a Joint Participation Agreement (JPA)
with the Florida Department of Transportation for State Block Grant
Funds.
Resolution 2003-44
4)
Recommendation to approve the purchase of one (1) 15 CY Dump
Truck, Diesel, in accordance with Bid #03-3457.
Bid awarded to Wallace International Trucks, Inc. for $77,222.00
s)
Recommendation to award Bid #03-3458R-Annual Contract for the
purchase of limerock and fill material for the approximate annual
amount of $500,000 to five companies.
Bid awarded to: Aggrisource, Florida Rock, Big Island, Southern
Sand and Stone, and Harmon Brothers.
6)
Approve Change Order No. 1 for $71,155 for the Construction
Engineering and Inspections Services by PBS&J, Inc. for Goodlette-
Frank Road (Pine Ridge Road to Vanderbilt Beach Road) Four and
Six Lane Improvements, Project No. 60134.
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7)
Approve a Budget Amendment to recognize additional revenue for the
Collier County Transportation Pathways Program Project #69081 in
the amount of $94,928.
PUBLIC UTILITIES
1)
2)
Approve Underground Conduit Installation Agreement with Florida
Power and Light Company for the South County Water Reclamation
Facility Expansion, Project 73949.
Approve a Developer Contribution Agreement with DiVosta and
Company, Inc., and IslandWalk Development Company, Inc. in the
amount of $36,902 for Wastewater Facilities provided in accordance
with the PUD documents for the IslandWalk Development, Project
Number 73190.
3)
Approval of an Inteflocal Agreement with the City of Naples to bill
specific Wastewater Accounts. Fiscal Impact is $36,000 per year.
4)
Approve a Work Order for a sand search for the re-nourishment of
Hideaway Beach, Project 90502, in the amount of $210,448.
Awarded to Coastal Planning & Engineering
5)
Approve a Work Order for a Hard-Bottom Investigation as part of
County-Wide Sand Search, Project 90527, in the amount of $55,992.
Awarded to Coastal Planning & Engineering
6)
Re-appropriate the balance of unspent funds in Fiscal Year 2002
related to North Wellfield Improvements in the amount of $98,200,
Project 70075.
PUBLIC SERVICES
1)
Approve and execute documents necessary for the conveyance to
Florida Governmental Utility Authority of Water Utility Facilities
located at the Golden Gate Community Center Annex, at a cost not to
exceed $95.00.
2)
Recommendation that the Board of County Commissioners convey
easements to Florida Power and Light Company and Sprint-Florida,
January 28, 2003
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Inc., the total cost of which will not exceed $30.00.
3) Approval of a Certificate of Public Convenience and Necessity for the
Collier County Emergency Medical Services Department.
ADMINISTRATIVE SERVICES
1)
Approve a Resolution authorizing the Chairman of the Board of
County Commissioners to execute Limited Use Bare License
Agreements for the 2003 Calendar Year.
Resolution 2003-45
2)
Award Bid #03-3449 for preparation and delivery of title
commitments and real estate closing services for right-of-way and
other land acquisitions.
Bid awarded to the seven firms listed in the Executive Summary
COUNTY MANAGER
1)
2)
Approval of Florida Association of Counties (FAC) $7,927 Special
Assessment for Lobbying Services related to the Implementation of
(Article V/Revision 7) State Court Funding.
Adoption of Resolution of the Board of County Commissioners
regarding reimbursement of certain costs relating to the Acquisition
and Construction of various Transportation related Capital
Improvement Projects.
Resolution 2003-46
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1)
Withdrawn:
Commissioner Halas's request for Approval for Payment to attend
function(s) serving a Valid Public Purpose for the Economic
Development Council Installation of Officers and Outstanding
Volunteer Award Dinner.
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January 28, 2003
2)
Commissioner Halas's request for Approval for Payment to attend
function(s) serving a Valid Public Purpose for Lake Trafford's Bright
Future Event.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File for Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1)
Approve the Stipulated Final Judgment relative to the Fee Simple
Acquisition of Parcel 128 in the Lawsuit styled Collier County v.
North Naples United Methodist Church, Inc., et al, Case No. 02-1742-
CA (Goodlette-Frank Road Project (Pine Ridge to Vanderbilt Beach
Road), Project #60134).
Staff to deposit the sum of $6,317.00 into the Registry of the Court
2)
Approve the Stipulated Final Judgment relative to the Acquisition of a
road easement designated as Parcel 128 in the Lawsuit styled Collier
County v. GeraM A. McHale, Jr., Successor Trustee Under
Unrecorded Land Trust Agreement Dated 12/10/92, et al, Case No.
00-0487-CA (Pine Ridge Road between CR 31 and Logan Boulevard)
(Project No. 60111).
Staff to deposit the sum of $2,080.00 into the Registry of the Court
3)
Approve three Agreed Orders with Respondent Sprint-Florida,
Incorporated f/k/a United Telephone Company of Florida ("SPRINT")
with respect to (1) Parcel No. 178B in the Lawsuit styled Collier
County v. Roberto Bollt, et al, Case No. 02-2217-CA; and (2) Parcel
No. 182 in the Lawsuit styled Collier County v. Lazaro Herrera, et al,
Case No. 02-2211-CA; and (3) Parcel No. 188 in the Lawsuit styled
Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA
(All Three Agreed Orders concern Immokalee Road Project #60018).
4)
Recommendation to approve a Budget Amendment in the amount of
$35,000 for outside counsel and professional services in support of
Resolution 2002-428 expressing concerns regarding the Acquisition
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January28,2003
of the Marco Island/Marco Shores Utility System by the Florida
Water Services Authority.
Moved to Item #12C:
5) That the Board of County Commissioners, as the Governing Body of
Collier County and as Ex-Officio Governing Board of the Isles of
Capri Municipal Rescue and Fire Services Taxing District and the
Ochopee Fire District enter into Interlocal Agreements with
Independent Fire Districts for the purpose of implementing the duties
and obligations of the various dependent and independent Fire
Districts with respect to Fire Plan Review and Fire Code Inspections
for new construction, construction projects and existing structures
within the various districts.
17.
6)
Approve the Stipulated Order of Taking and Final Judgment relative
to the Fee Simple Acquisition of Parcel 129 in the Lawsuit styled
Collier County v. North Naples Fire Control and Rescue District, et
al, Case No. 02-1702-CA (Goodlette-Frank Road Project #60134).
Staff to deposit the sum of $9,739.00 into the Registry of the Court
7)
Authorize the making of an Offer of Judgment to Respondent Temple
Grove Partnership, John A. Pulling, Trustee, A/K/A Temple Citrus
Grove, A Parmership, for business damages to Parcel No. 104 in the
amount of $3000 in the Lawsuit styled Collier County v. John A.
Pulling, Jr., Trustee of a Land Trust dated January 2, 1992, et al,
Case No. 02-1908-CA (Livingston Road Project; Pine Ridge Road to
Immokalee Road).
Staff to deposit the sum of $3,000.00 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
,lanuar¥ 28, 2003
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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VA-2002-AR-2848, Richard D. Yovanovich, of Goodlette, Coleman and
Johnson, P.A., representing M.L.S. of Naples, Inc., requesting a 6.1 foot
variance from the required 10 feet to 3.9 feet for an existing sign, and a 2.2
foot variance from the required 5 feet to 2.8 feet for an existing flagpole, for
property located at 1455 Pine Ridge Road, located in Section 10, Township
49 South, Range 25 East, Collier County, Florida.
Resolution 2003-47
Be
Petition AVPLAT2002-AR3474 to disclaim, renounce and vacate the
County's and the Public's interest in a portion of the 20 foot wide
Maintenance Easement located along the rear of Lot 86, according to the plat
of"Moon Lake Unit 5" as recorded in Plat Book 23, Pages 79 through 80,
Public Records of Collier County, Florida, located in Section 6, Township
50 South, Range 26 East.
Resolution 2003-48
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This item has been continued from the January 14, 2003 BCC Meeting.
Petition AVPLAT2002-AR2704 to disclaim, renounce and vacate the
County's and the Public's interest in all of the Platted Conservation
Easement located on Lot 73, according to the Plat of"Southport on the Bay
Unit One" as recorded in Plat Book 15, Pages 51 through 53, Public Records
of Collier County, Florida, and to accept a Relocation Conservation
Easement over a portion of said Lot 73, located in Section 6, Township 48
South, Range 25 East.
Resolution 2003-49
De
Petition AVPLAT2002-AR2593 to disclaim, renounce and vacate the
County's and the Public's interest in a portion of the 7.5 foot wide utility
easement located along the East line of Lot 52, Block 72, according to the
Plat of"Naples Park Unit No. 5" as recorded in Plat Book 3, Page 14, Public
Records of Collier County, Florida, located in Section 28, Township 48
South, Range 25 East.
Resolution 2003-50
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Board to review and approve staff recommendations relative to the attached
list of"PUD Sunsetting Projects", which have not commenced construction,
.January 28, 2003
as defined in Section 2.7.3.4 of the Collier County Land Development Code
(LDC), and have not submitted an amendment application pursuant to the
Resolutions adopted by the Board of County Commissioners on June 25,
2002.
Resolutions 2003-51 through 2003-60
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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January 28, 2003