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Recap 02/25/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 25, 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 February 25, 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. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE e A. Minister Paul Jarrett, Naples Church of Christ AGENDA AND MINUTES Ae Be 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 January 28, 2003 - BCC Regular Meeting Approved as Presented - 5/0 January 29, 2003 - BCC/Sign Ordinance Workshop Approved as Presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to recognize Holland T. Salley for his steadfast commitment to changing and enriching lives through Education. Also present, but not accepting, will be Kim Long, President of the Edison Community College Foundation. Adopted 5/0 Be Proclamation to recognize the importance of community awareness of the Emergency Planning and Community Right-to-Know Act. To be accepted by Ken Pineau, Director of Collier County Emergency Management. Adopted 5/0 2 February 25, 2003 5e Ce Proclamation to designate February 25, 2003 as Children's Day in Collier County. To be accepted by Clay Cone. Adopted 5/0 De Proclamation to acknowledge and thank the volunteers of the Veteran's Transportation Program. To be accepted by James H. Elson, President of the Collier County Veterans Council. Adopted 5/0 Ee Proclamation to acknowledge the South Florida Chapter of Multiple Sclerosis for their efforts to improve the lives of Collier County Residents that are coping with this disease. To be accepted by Karen Dresback, President of the South Florida Chapter for Multiple Sclerosis. Adopted 5/0 PRESENTATIONS 6. PUBLIC PETITIONS Ae Withdrawn B. Public Petition Request by Mr. Michael T. Hoyt, Gulf Harbor Moorings Inc., to discuss a Quit Claim Deed to remove the "Public" Language from Property Deed. Discussed as presented Public Petition Request by Mr. Thomas L. Baker to discuss Code Enforcement as it relates to C5 Industrial in J&C Industrial Park. e Ce Public Petition Request by Ms. Melanie Beebe to discuss Waiving Variance Fees at 245 22nd Avenue NE. Discussed as presented-to be brought back at a future meeting BOARD OF ZONING APPEALS Continued Indefinitely A. ADA-2002-AR-3455, Timothy W. Ferguson, P.A., representing Naples Seventh Day Adventists Church, requesting an Administrative Appeal to official interpretation INTP-2002-AR-2910 concerning the Commercial Infill Provision of the Collier County Growth Management Plan, Future 3 February 25, 2003 Land Use Element. 8. ADVERTISED PUBLIC HEARINGS Be De Ee This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water and Sewer Impact Fee Rate Schedule, which is Schedule Two 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 2003-93 Adopted 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Water, Sewer, Fire Meter and Surcharge Rates, which is Schedule One of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-94 Adopted w/Amendments 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Miscellaneous Fees for Services, which is Schedule Six of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-95 Adopted w/Amendments 5/0 This item to be heard at 1:10 p.m. Adopt a Resolution amending the Meter Installation Charges (Tapping Fees) and Backflow Device Charges, which is Schedule Four of Appendix A to Section Four of the Collier County Ordinance No. 2001-73, titled the Collier County Water-Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance. Resolution 2003-96 Adopted w/Amendments 5/0 Adoption of an Ordinance amending Section 126-83 of the Collier County Code of Laws and Ordinances, also cited as Ordinance No. 92-60, as amended, concerning the expanded use of Category "B" (Advertising/Promotion) Tourist Development Tax Revenues to include the funding of Convention Centers, Tourist Bureaus and Tourist Information Centers as County Agencies, as recommended by the Tourist Development Council. Ordinance 2003-10 Adopted 5/0 4 February 25, 2003 e Fe This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-O 1-AR- 1842, Dwight Nadeau of RWA, Inc., representing Thomas G. Eckerty, Trustee for the 1-75 Land Trust, requesting a rezone from "A" Rural Agricultural, RSF-4, RMF-6, RMS-12, and C-4 to PUD, Planned Unit Development to be known as the East Gateway PUD allowing for Commercial Uses for property located on the South side of 1-75, North of Davis Boulevard (CR 84) and approximately one quarter mile West of Collier Boulevard (CR 951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2003-11 Adopted w/stipulations 5/0 Ge This item to be heard at 10:00 a.m. Adoption of an Ordinance authorizing the Issuance of Revenue Bonds payable from various Gas Tax Revenues of the County for the principal purposes of acquiring and constructing various Transportation-Related Capital Improvements and refunding certain outstanding indebtedness of the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will not create a general debt or obligation of the County; and providing an effective date. Ordinance 2003-09 Adopted 5/0 BOARD OF COUNTY COMMISSIONERS Ae Be Added C. 10. Appointment of member to the Golden Gate Estates Land Trust Committee. Res. 2003-92 appointing Linda Hartman - Adopted 5/0 Discussion regarding rush hour dump-truck traffic on Oil Well and Immokalee Roads. (Commissioner Coletta) Staff directed to continue meeting with different organizations re: this matter and bring report back- 3/2 (Commissioners Henning and Coyle opposed) Consideration of a resolution supporting continuation of the State Housing Trust Fund. (Commissioner Fiala) Resolution 2003-97 Adopted 5/0 COUNTY MANAGER'S REPORT 5 February 25, 2003 A. This item to be heard at 1:00 p.m. Master Plan Update, Project 70070. Utilities) Adopted - 5/0 Adopt the 2002 Collier County Water (Jim DeLony, Administrator, Public Be This item to be heard at 1:00 p.m. Adopt the 2002 Collier County Wastewater Master Plan Update, Project 73066. (Jim DeLony, Administrator, Public Utilities) Adopted - 5/0 Ce Approve an Interim Interlocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2003-296 Laws of Florida. (Joe Schmitt, Administrator, Community Development) Approved with 90 day extension - 5/0 De Approve a Resolution to authorize the Collier Mosquito Control District to expand boundaries into Immokalee. (John Dunnuck, Administrator, Public Services) Resolution 2003-98 - Adopted 5/0 me Provide a report regarding water quality of wells in Golden Gate City. (Dr. Colfer, Collier County Health Department) Report accepted Moved from Item #16B4 F. Approve funding in the amount of $116,951 for design and acquisition of permits, funding strategy and remaining half of coordination to Woods Hole Group for the Haldeman Creek Restoration (A.K.A. Dredging) Project, Contract No. 01-3216, Number 51011. Approved - 5/0 engineering, project Basin Project Moved from Item #16El G. Approve Award of Bid #03-3475 for Temporary Laborers for Collier County to Able Body Labor as Primary Vendor and Tandem Staffing and Manpower of Naples as Secondary Vendors. Bid rejected, to be sent out for bid again - 5/0 6 February 25, 2003 Moved from Item #16A6 H. Final acceptance of water utility facilities for Vista Gardens. Approved - 3/2 (Commissioners Fiala & Coletta opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Mr. Warner re: ethics ordinance 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. A® This item continued from the February 11~ 2003 BCC Meeting. Discussion regarding construction of the North County Library and the expansion of the North County Wastewater Reclamation Facility. Clerk of Courts Brock suggests thorough evaluation of Consent Items prior to approval without sufficient backup documentation proving emergency. Statutory requirements (F.S. 255.20 -declaring an emergency situation) need to be met before projects can be paid. Clerk of Courts instructed to provide written response as to why BCC Counsel is incorrect in its evaluation of contracts' validity. County Manager and County Attorney to put together all information regarding this issue and meet with Clerk's Staff at BCC-Strategic Workshop. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Naming Policy on Public Buildings - County Manager, Jim Mudd Be Funding Mandates & Welcome to Civic Associations -Commissioner Jim Coletta Ce De Demolition and Destruction Debris Bill - Commissioner Fred Coyle Staff to prepare and adopt a Resolution at the next meeting concerning issue Waiver and Transfer of the Florida Water Service Sale - Commissioner Tom Henning: Board to respond with "No Thank-You" 7 February 25, 2003 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. Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Petition CARNY-2003-AR-3726, Mr. H.B. "Benny" Starling, Jr., President, Immokalee Chamber of Commerce, requesting a Permit to conduct a Fair from February 26th through March 9th, 2003, at 110 North 1 st Street and East Main Street (S.R. 29) in Immokalee. CP2003-03 2) 3) 4) 5) Request to submit a Grant Application for $200,000 under the Florida Economic Development Transportation Fund Program on behalf of March Performance, pursuant to s.288.106, Florida Statutes; and providing administrative support as local participation in the program. Approve an Agreement to accept an Artificial Reef Grant from the Florida Fish and Wildlife Conservation Committee. Approve FY03/04 Tourist Development Grant Application Forms for Category "B" (Special Events) and Category "C" (Museums), as recommended by the Tourist Development Council. Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plats of "Pelican Marsh Unit Three (Phases One and Two)". Res. 2003-85 Moved to Item #10H 6) Final acceptance of water utility facilities for Vista Gardens. 7) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of"Carlton Lakes Unit No. 1". 8 February 25, 2003 Res. 2003-86 8) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Carlton Lakes Unit No. 2". Res. 2003-87 9) Recommendation to authorize the Community Development and Environmental Services Division to enter into contract negotiations with the Bureau of Surveying and Mapping of the Florida Department of Environmental Protection to have Second Order Vertical Control established through Golden Gate Estates, to support the Flood Insurance Rate Maps (FIRM) Restudy and Appeal. In the amount of $50,000 Approval of an Interlocal Agreement between Collier County Board of County Commissioners and the City of Naples to administer contracts with Tomasello Consulting Engineers, Inc., for engineering services related to Flood Insurance Rate Maps (FIRM) Restudy and Appeal. Total cost to Collier County not to exceed $243,000 B. TRANSPORTATION SERVICES 1) Request Board approval for the Landscape Maintenance Agreement with Keith Basik and Jeffrey Basik, Principals of Naples Big Cypress, Inc., for the future landscaping and maintenance on Basik Drive. 2) Approve Bid #02-3365, "SR45-US 41 Tamiami Trail North Phase II Streetscape Beautification Project" and award to Vila and Son Landscaping Corporation in the amount of $253,925.84. Withdrawn 3) Approve a Change Order with Better Roads Inc., for median modifications on Davis Boulevard in the amount of $16,740 from Project 60016. Moved to Item #10F 4) Approve funding in the amount of $116,951 for design and engineering, acquisition of permits, funding strategy and remaining half of project coordination to Woods Hole Group for the Haldeman 9 February 25, 2003 Creek Basin Restoration (A.K.A. Dredging)Project, Contract No. 01- 3216, Project Number 51011. 5) Approve a budget amendment to move $80,703 from the Transportation Maintenance Road & Bridge Operating appropriations into the Capital appropriations to purchase a tractor previously approved by the Board of County Commissioners. PUBLIC UTILITIES 1) 2) Approve TDC Category "A" Grant Application Form. Approve Resolution supporting continued State funding of Coastal Projects. Res. 2003-88 3) 4) 5) 6) Approve Amendment No. 2, Second Extension to the Agreement No. HW465 with the Florida Department of Environmental Protection for Electronics Recycling. As outlined in the Executive Summary Authorize the execution of a Work Order No. UC-016 (Exhibit A) under Contract 02-3345 - Annual Contract for underground construction for relocation work in the amount of $861,421.50 to Cross Country Pipe and Rail Inc., DBA/Cross Country Underground Inc., for the relocation of a 16" water main and a 16" reclaimed water line. As outlined in the Executive Summary Award Annual Contracts to selected firms for Trenchless Sewer System Rehabilitation Contracting Services per Bid 03-3455, Project 73050. Awarded to Insituform Technologies, Inc. and Miller Pipeline Corporation Accept three Grant Agreements from the South Florida Water Management District in the total amount of $150,000. As contained in the Executive Summary 10 February 25, 2003 D. PUBLIC SERVICES 1) Approve the Chairman to sign a Training Affiliation Agreement between Collier County and the Cleveland Clinic Hospital-Not to exceed $25,000. For clinical and educational opportunities for County Paramedics 2) Award of Bid #02-3433 for the purchase of EMS uniforms to RSVP Ltd., Inc., for the Emergency Medical Services Department in the estimated annual amount of $95,000. 3) Award Contract #02-3420 "Veterinary Supplies" to the following firms: Bumes Veterinary Supply, Ft. Dodge Animal Health Services, Merritt Veterinary Supply, Schering-Plough, Inc., Suncoast Surgical Supply, Inc., Webster Veterinary Supply, Bayer Corporation, Merial Limited USA, Novartis, Inc., Pfizer Animal Health (Estimated annual amount of total contract for all firms $53,900.) 4) Approval to award Contract #02-3393 to Sparks Exhibits and Environments, Inc., to design, fabricate and install educational exhibits at the Collier County Museum. In the amount of $200,000 E. ADMINISTRATIVE SERVICES Moved to Item #10G 1) Approve Award of Bid #03-3475 for Temporary Laborers for Collier County to Able Body Labor as Primary Vendor and Tandem Staffing and Manpower of Naples as Secondary Vendors. 2) Award a Contract for Architectural Services in the amount of $500,000 for the design of the new Fleet Facility, RFP #02-3422. 3) Recommendation to declare certain County-Owned Property as Surplus and authorize a sale of the Surplus Property on March 15, 2003. 4) Approval to Award Bid #03-3472 in the amount of $65,000 for "Exterior Pressure Steam Cleaning" to Precision Cleaning, Inc. 11 February 25, 2003 F. COUNTY MANAGER 1) Approve a Budget Amendment to recognize and appropriate revenue of $27,491 from Isles of Capri Fire Control District Impact Fees for equipment expenditures necessitated by new growth. 2) Approval to extend the lease agreement between Collier County and Gulf Shore Associates, Limited Parmership, for Pelican Bay Services Division Offices at a first year's annual rent that will not exceed $24,392. 3) Adoption of a Resolution of the Board of County Commissioners of Collier County, Florida authorizing the issuance by Collier County, Florida of $120,000,000 in aggregate principal amount of Collier County, Florida Gas Tax Revenue Bonds, Series 2003 in order to provide funds for the principal purposes of financing the costs of various transportation improvements within the County and refinancing certain indebtedness; pledging the money's received by the County from the herein described Gas Tax Revenues to secure payment and interest on said bonds; providing for the rights of the holders of said bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this Resolution. Res. 2003-89 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE J® 1) Miscellaneous Items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Authorize the Making of an Offer of Judgment to Respondent Jeffrey A. Richardson for the fee taking of Parcel No. 198 in the amount of 12 February 25, 2003 $6,300 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project//60018). Staff directed to deposit $1,100 into the Registry of the Court 2) Authorize the Making of an Offer of Judgment to Respondents Jimmie L. Rogers and Betty L. Rogers for the fee taking of Parcel No. 200 in the amount of $69,000 in the Lawsuit Styled Collier County v. Jeffrey A. Richardson, et al, Case No. 02-2188-CA (Immokalee Road Project #60018). Staff directed to deposit $7,300 into the Registry of the Court 3) Approve the Agreed Order awarding expert fees relative to the Lawsuit Acquisition of Parcels 167, 767, 867A and 867B in the Lawsuit entitled Collier County v. Wallace L. Lewis, Jr., et al, Case No. 01-0711-CA (Livingston Road, Project No. 60071). As outlined in the Executive Summary 4) Authorize the Making of an Offer of Judgment to Respondents Steven V. Ciardullo and Deborah K. Ciardullo, for the fee taking of Parcel No. 197 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). Staff directed to deposit $1,200 into the Registry of the Court 5) Authorize the Making of an Offer of Judgment to Respondents Lawrence A. Krahn, Jr. and Dee Ann L. Krahn, as Trustees under Declaration of Trust dated January 31, 1991, designated as Trust No. 001, for the fee taking of Parcel No. 195 in the amount of $6,300 in the Lawsuit styled Collier County v. Robert W. Pieplow, et ux, et al, Case No. 02-2133-CA (Immokalee Road Project #60018). Staff directed to deposit $700 into the Registry of the Court 6) Authorize the Making of an Offer of Judgment to Respondent Madge Green for the fee taking of Parcel No. 214 in the amount of $3,300 in the Lawsuit styled Collier County v. Efrain Arce, et al, Case No. 02- 2119-CA (Immokalee Road Project #60018). Staff directed to deposit $400 into the Registry of the Court 7) Authorize the Making of an Offer of Judgment to Respondents Darryl J. Damico and Brad T. Damico for the fee taking of Parcel No. 218 in 13 February 25, 2003 17. the amount of $3,300 in the Lawsuit styled Collier County v. Cary B. Collins, et al, Case No. 02-2134-CA (Immokalee Road Project #60018). Staff directed to deposit $400 into the Registry of the Court 8) Approve the Stipulated Final Judgment relative to the fee simple acquisition of Parcel 110C, the acquisition of a perpetual, non- exclusive slope and utility easement of Parcel 510C, and a temporary construction easement for Parcel 710, in the Lawsuit styled Collier County v. G-4 Partnership, et al, (Goodlette-Frank Road, Project No. 60134). Staff directed to deposit $34,955 into the Registry of the Court 9) Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue refunding bonds to be used to refinance bonds issued in 1999 for Cleveland Clinic Facilities. Res. 2003-90 w/change 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. Al* VA-2002-AR-3322, Jerry Neal, requesting a 7.5 foot variance from the required 7.5 foot setback for dock facilities to zero feet for property located at 86 Dolphin Circle, further described as Lot 86, Isles of Capri Unit 1, in Section 31, Township 51 South, Range 26 East, Collier County, Florida. Res. 2003-91 14 February 25, 2003 Continued to 3/11/03 Meeting B. Petition AVROW2002-AR2332 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the road right-of-way for Coralwood Drive which was dedicated to the County as 3rd Avenue for Northwest by the Plat of"Golden Gate Estates Unit No. 95", as recorded in Plat Book 9, Page 45, Public Records of Collier County, Florida, located in Section 4, Township 49 South, Range 26 East. Ce Approval of an Ordinance amending the quorum requirements for the Black Affairs Advisory Board. Ord. 2003-08 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 February 25, 2003