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Recap 07/29/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA July 29, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 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. Page 1 July 29, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP 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 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 o Ae Jane Silcox, Clinical Pastoral Education Department, Naples Community Hospital AGENDA AND MINUTES Ae Bo Ce DJ ge Fe Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 4/0 (Commissioner Coyle absent) June 10, 2003 - Regular Meeting Approved as presented - 4/0 (Commissioner Coyle absent) June 13, 2003 - CRA Meeting Approved as presented - 4/0 (Commissioner Coyle absent) June 16, 2003 - LDC/Special Meeting Approved as presented - 4/0 (Commissioner Coyle absent) June 24, 2003 - Regular Meeting Approved as presented - 4/0 (Commissioner Coyle absent) June 26, 2003 - BCC/Budget Workshop Approved as presented - 4/0 (Commissioner Coyle absent) Page 2 July 29, 2003 e Ge June 27, 2003 - BCC/Budget Workshop Approved as presented - 4/0 (Commissioner Coyle absent) SERVICE AWARDS Withdrawn TWENTY-FIVE YEAR ATTENDEE: e 1) Homero Partida Jr., Transportation Division PROCLAMATIONS Se Proclamation to recognize Tuesday, August 5, 2003, as National Night Out in Collier County. To be accepted by Skip Sweikert, President. Adopted - 4/0 (Commissioner Coyle absent) Be Proclamation to recognize the Collier County Library Department for being awarded the Achievement Award from the National Association of Counties. To be accepted by Andrea Taylor and Susan Petr. Adopted - 4/0 (Commissioner Coyle absent) Gl* Proclamation to recognize Keith Larson as "Citizen of the Year for Golden Gate". To be accepted by Keith Larson. Adopted - 4/0 (Commissioner Coyle absent) PRESENTATIONS e Ae Recommendation to recognize Louise Hardy, Administrative Secretary, Parks and Recreation, as Employee of the Month for July 2003. Recognized PUBLIC PETITIONS Al* This item to be heard before 11:00 a.m. Public Petition request by Ms. Heather Knight requesting the Chairman of the Board of County Commissioners send a letter to FEMA on behalf of the Residents of Golden Gate Estates. Letter to be sent Page 3 July 29, 2003 Withdrawn B. Public Petition request by Ms. Cheri R. Byrd requesting to discuss ingress/egress problem located at 91 Golden Gate Boulevard. Ce Public Petition request by Mr. Paul Feuer, President, Village Walk Homeowners Association, regarding Livingston Road Extension. County to meet with the Board of Directors for the Association 7. BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-3634, Dennis Cronin, of Bond, Schoeneck and King, P.A., representing Dennis R. Combs and Earl G. Hodges, requesting Conditional Use "20" for an oil storage facility in an 'T' Industrial Zoning District. The property to be considered for the conditional use is located in the northwest quadrant of the intersection of Industrial Boulevard and Radio Road at 68 Industrial Boulevard in Section 36, Township 49 south, Range 25 east, Collier County, Florida. This property consists of 4.63 acres +. Resolution 2003-253 -with staff recommendations and additional stipulations - Adopted 5/0 Be Request to continue this item to the September 9~ 2003 BCC Meeting. VA-2003-AR-2525 Robert Davy and Mark Allen, representing Little Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot variance from the required boathouse sideyard setback of 15 feet to 0 feet and a 30-foot variance from the 20-foot maximum protrusion for a boathouse to a maximum of 50 feet, for property located in the Hickory Shores Subdivision, Lots 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 22, Block G; and Lots 3, 4, 5, 6, 7, 8, 9 and 10, Block H, in Section 5, Township 48 south, Range 25 east, Collier County, Florida. ADVERTISED PUBLIC HEARINGS AJ Public Hearing for the 2003 2nd Cycle of Growth Management Plan Amendments - all County initiated. (Transmittal hearing). CPSP-2003-4 - Approved per CCPC recommendation - 5/0 CPSP-2003-5 - Approved per CCPC recommendation - 5/0 CPSP-2003-6 - Approved per CCPC recommendation - 5/0 CPSP-2003-7 - Approved per CCPC recommendation - 5/0 Page 4 July 29, 2003 Be De CPSP-2003-8 - Approved per CCPC recommendation - 3/2 (Commissioners Coletta & Henning opposed) CPSP-2003-9 - Approved per CCPC recommendation - 5/0 Resolution 2003-254 Transmitting Amendments to DCA - Adopted This item to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DRI-2000-01, Richard Woodruff of Wilson Miller Inc., representing U.S. Home Corporation, requesting approval of a development order for the Heritage Bay Development of Regional Impact (DRI) to allow for 3,450 residential dwelling units, 200 assisted living units, a 54-hole golf course and related facilities, three neighborhood town centers to contain up to 30,000 square feet of building space, and a maximum of 200,000 square feet of commercial uses for property located at the northeast comer of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 acres. Companion Item: PUDZ-02-AR-2841. Resolution 2003-255/Development Order 2003-01 with stipulations - Adopted 5/0 This item to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-02-AR-2841, Richard Woodruff of Wilson Miller, Inc. representing U.S. Home Corporation, requesting a rezone from "A" Rural Agriculture to "PUD" (Planned Unit Development) to be known as the Heritage Bay PUD permitting 3,450 residential dwelling units, 200 assisted living units, a 54-hole golf course and related facilities, three neighborhood town centers to contain up to 30,000 square feet of building space, and a maximum of 200,000 square feet of commercial uses for property located at the northeast comer of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Sections 13, 14, 23 and 24, Township 48 south, Range 26 east, Collier County, Florida, consisting of 2,562 acres. Companion Item: DRI-2000-01. Ordinance 2003-40 with stipulations - Adopted 5/0 This item was continued from the June 24, 2003 BCC Meeting and will be re-advertised and request further continuance to the September 23, 2003 BCC Meeting. The Collier County Planning Commission has also continued the item. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR- Page 5 July 29, 2003 e 3607, William L. Hoover, AICP, of Hoover Planning and Development Inc., representing Barton and Wendy McIntyre and Joseph Magdalener, requesting changes to the existing NICAEA Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a maximum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard just south of the Crystal Lake PUD (RV Park), in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. Ee Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by establishing a deferral program for the Immokalee area to reduce the economic effects of increased impact fee rates. Continued to September 9, 2003 - 5/0 BOARD OF COUNTY COMMISSIONERS Ae Bo Ce De Appointment of members to the Immokalee Area Master Plan Ad Hoc Committee. Resolution 2003-256 appointing Esmeralda Serrata, Floyd Crews, Clarence Tears, Jr., Henry Starling, Jr., Gary Holloway, Leo Rodgers, Fred Thomas, Jr., Raymond Holland, Edward Olesky and Carlos Aviles - Adopted and Section 5D Waived - 4/0 (Commissioner Coyle Absent) Appointment of member to the Contractors' Licensing Board. Resolution 2003-257 appointing Sydney Blum - Adopted 4/0 (Commissioner Coyle absent) Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2003-258 appointing Leo Rodgers - Adopted 4/0 (Commissioner Coyle absent) Item continued from the June 24~ 2003 BCC Meeting. A Resolution to establish the Fire and Emergency Medical Services Advisory Committee. Page 6 July 29, 2003 Added E. 10. Denied 4/0 (Commissioner Coyle absent) Recommendation that the Board of County Commissioners approve and ratify the 2003 Fiscal Year Pay and Classification Plan for the office of the County Attorney (Staff request) Approved 4/0 (Commissioner Coyle absent) COUNTY MANAGER'S REPORT AJ Bo Ce DJ Ee This item to be heard at 1:00 p.m. To receive Board approval to enter into a Memorandum of Understanding between the State of Florida, the South Florida Water Management District (SFWMD), Big Cypress Basin (BCB), and Collier County initiating vacation proceedings of the Southern Golden Gate Estates roadway system and establishing an off road vehicle recreation area. (Jim Mudd, County Manager.) Approved with changes - 4/1 (Commissioner Coletta opposed) To adopt proposed FY 2004 millage rates. (Mike Smykowski, Office of Budget and Management Director.) Resolution 2003-259 - Adopted 4/0 (Commissioner Coyle absent) This item to be heard at 12:00 noon. Recommendation that the Board of County Commissioners and the County's Labor Negotiation Committee hold a Strategy Session for Collective Bargaining with the Southwest Florida Professional Firefighters and Paramedics, IAFF Local 1826, Local 3670 (Ochopee), in the Shade pursuant to Section 447.605 (1), Fla. Stat. (John Dunnuck, Administrator, Public Services) Closed Session - No Court Reporter Adoption of a resolution approving an application for an impact fee waiver, in the amount of $7,500 for Collier Health Services, Incorporated, the County's primary care clinic. (Joseph K. Schmitt, Administrator, Community Development) Resolution 2003-260 - Adopted 3/1 (Commissioner Henning opposed and Commissioner Coyle absent) Approve Supplemental Agreement No. 3 for Professional Engineering Services by CH2MHILL, Inc., for six-laning design of Immokalee Road, Page 7 July 29, 2003 (Project No. 60018, Fiscal Impact $418,979), RFP No. 99-3020. Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coyle absent) (Norman Fe Approve Contract Amendment No. 1 in the amount of $1,121,212.33 to APAC-Florida, Inc., for the Immokalee Road four lane-widening project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coyle absent) Ge Recommendation that the Board reject a proposed settlement agreement submitted by the Southwest Florida Professional Firefighters and Paramedics and authorize the County Attorney's Office to proceed with Arbitration Hearings. (John Dunnuck, Administrator, Public Services) Approved - 4/0 and funds to come from EMS Budget (Commissioner Coyle absent) Board approval to amend the Interlocal Agreement with the City of Naples extending the current distribution of the local option gas taxes revenue until December 31, 2003. (Mike Smykowski, Office of Management and Budget Director) Approved - 4/0 (Commissioner Coyle absent) Approve Developer Agreement with Collier Land Development Inc., for proportionate fair share of costs associated with the future Lely Canal Storm Water Improvements Project subject to developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) Continued to September 23, 2003 - Approved 4/0 (Commissioner Coyle Absent) Moved from Item #16(A)21 J. Approve a budget amendment in the amount of $100,000 to fund the creation of a non-profit Housing Development Corporation (HDC). Failed - 2/2 (Commissioners Henning and Halas opposed) Added K. Approve the Metropolitan Planning Organization (MPO) budget for Grant Year 2003-2004 (Staff request) Approved - 4/0 (Commissioner Coyle absent) Page 8 July 29, 2003 Moved from Item #16C1 L. Present findings and recommendations concerning the negotiations with Interstate Waste Technologies pursuant to RFP #02-3316 MSW Processing & Gasification Facility. Approve ending negotiations with IWT and starting negotiations with Brightstar. Approved 4/0 (Commissioner Coyle absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with changes - 4/0 (Commissioner Coyle absent) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request Board approval to accept a grant for $200,000 under the Florida Economic Development Transportation Fund Program; approve an agreement between the Florida Office of Trade, Tourism and Economic Development and Collier County; approve a budget amendment in the amount of $200,000; approve a resolution accepting future road maintenance; approve a road maintenance agreement between the County and the North Naples Golf Range, Inc. Resolution 2003-232 2) Authorize the Chairman to sign a $50,000 reimbursable grant agreement with the U.S. Fish and Wildlife Service for funding exotic Page 9 July 29, 2003 vegetation removal on County Road 92 and U.S. 41. 3) Approval of the Release of Lien for Case No. 2001-024 styled Board of County Commissioners Collier County, Florida vs. Charles and Christine Morrison for violation of Ordinances No. 99-51, as successor to Ordinance No. 91-47, as amended of the Collier County Land Development Code. 4) Approval by the Board of County Commissioners of a contract with award Vacations Corporation for web enabled vacation packages for Collier County visitors and payment of related fees in the amount of $5,000. 5) Approve a TDC Category "A" Grant Application for the Lowdermilk Park Parking Lot Reconstruction/Restoration in the amount of $375,000. 6) Request by Bradley N. Cance, General Manager of the Ritz-Carlton Golf Resort, for an extension of the number of days permitted for hosting special events. Extension up to 4-weeks;Located at 2600 Tiburon Drive 7) Approve a Tourism Agreement with the City of Naples for semi- annual monitoring of Doctors Pass, Project 90003, in the amount of $10,000. 8) Request to approve for recording the final plat of"Delasol Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 9) Request to approve for recording the final plat of"Delasol Phase Two", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and accept the County Park Dedication Agreement. w/stipulations Page 10 July 29, 2003 11) 12) 13) Request to approve for recording the final plat of "Valencia Lakes- Phase 4-A", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security, and to accept certain off site drainage easements. w/stipulations Request to approve for recording the final plat of"Cayo Costa", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations Request to approve for recording the final plat of"Casa Del Lago", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations Approval of resolution repealing Resolution No. 2003-130 approved by the Board of County Commissioners on March 25, 2003, authorizing a temporary optional fuel cost surcharge that authorized but did not require taxi drivers to recover some of the extraordinarily high cost to purchase motor vehicle fuel. Resolution 2003-233 14) 17) Request to approve for recording the final plat of "Stratford Place" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations Approval of Contract #03-3504, in the amount of $39,945, with Henderson, Young and Company for consultant services for an emergency medical services impact fee update study. Approval of Contract #03-3504 in the amount of $40,632.50 with Tindale-Oliver and Associates, Inc., for consultant services for a library system impact fee update study. Authorize the Chairman to sign a $4,500 reimbursable grant agreement with the U.S. Fish and Wildlife Service for funding exotic Page 11 July 29, 2003 vegetation removal in Barefoot Beach Preserve. 18) Board of County Commissioners determination that the advertising and promotion expenses listed in the attached invoice serves the public interest and promotes tourism in Collier County, and authorize payment of prior period expenses. To Kelley Swafford & Roy -Invoice # 17633 for $1,552.16 19) Approval of one (1) impact fee reimbursement of $26,768.41 due to overpayment. To Phoenix Associates for $26,768.41 20) Board of County Commissioners approval of the Tourism Department Marketing Plan Budget and its related expenditures for FY02-03 and a finding that the plan is in the public interest and promotes tourism in Collier County. Moved to Item #10J 21) Approve a budget amendment in the amount orS100,000 to fund the creation of a non-profit Housing Development Corporation (HDC). 22) Request to approve for recording the final plat of "Market Center", AR-3336, and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. w/stipulations 23) Approval by the BCC of Tourism Department initiatives, a finding that the initiatives are in the public interest by promoting tourism in Collier County, and to authorize payment for expenses incurred for those initiatives. As outlined in the Executive Summary B. TRANSPORTATION SERVICES 1) Approve a Resolution to Ordinance No. 2003-37 adopting changes to the "Construction Standards Handbook for work within the Right-of- Way, Collier County, Florida". Resolution 2003-234 Page 12 July 29, 2003 2) Authorize conveyance of a utility easement to Florida Power and Light Company for the relocation of a utility pole and guy-wire onto county-owned property (fiscal impact $15.00) Golden Gate and Coronado Parkways. 3) Approve the utility location agreement with Tampa Electric Company DBA/Peoples Gas System associated with the Golden Gate Parkway Improvements Project, Collier County Project No. 60027 (six-laning from Livingston Road to east of Santa Barbara Boulevard). 4) Approve a resolution authorizing the execution of a State highway lighting, maintenance, and compensation agreement between the State of Florida Department of Transportation and Collier County. Resolution 2003-235 5) Request Board approve conceptual median modifications and revised lane calls along Golden Gate Parkway east of the intersection of Golden Gate Parkway and Goodlette-Frank Road. Staff to finalize the design of the project; procure bids 6) Board authorization to enter into an Interlocal Agreement with Lee County regarding County Road 951 Project Development and Environmental (PD & E) Study 60171 in the amount of $250,000. Resolution 2003-236 7) Approve a resolution authorizing the execution of a Traffic Signal Maintenance and Compensation Agreement between the State of Florida Department of Transportation and Collier County. Resolution 2003-237 8) Waive the formal bid process and approve a contract between Temple, Incorporated and Collier County for services related to the completion of the Florida Department of Transportation (FDOT) Advanced Traffic Management System (ATMS) Project, Phase I, costs reimbursed by Florida Department of Transportation. Not to Exceed $129,121.50 9) Approve Supplemental Agreement No. 8 for Professional Engineering Post Design Services by Hole Montes, Inc., for the Lakeland Avenue Page 13 July 29, 2003 Bridge, (Project No. 66042, Fiscal Impact $15,000) RFP #00-3057. 10) Approve Contract Amendment for Work Order #AEC-FT-01-04-A02 (PSA Contract #98-2835) in the amount of $28,832, to complete Stormwater Capital Improvement Project No. 51704, Lake Mockingbird Outfall in Immokalee. 11) Approve award of a constTuction contract to Better Roads Inc., for the countywide paved shoulders and sidewalk improvements project, Bid No. 03-3528 in the amount of $549,370.25. Adopt a resolution authorizing the acquisition by donation of easement and fee simple interests required for purposes of constructing and maintaining drainage facilities within the Lely Area Stormwater Improvement Area, (Project 51101). Fiscal Impact: Limited to recording fees, not to exceed $6000. Resolution 2003-238 13) Approve supplemental work order for the Forest Lakes MSTU to Wilson Miller in the amount of $56,000. 14) Award Contracts 03-3465 "Annual Contract for Traffic Engineering Consulting Services" (estimated annual amount $300,000). Carter & Burgess, Inc.; TBE Group, Inc.; TEI Engineers & Planners; T.Y. Lin International; Wilson Miller, Inc. Approve Professional Services Agreement No. 03-3509 in the amount of $1,063,253 for consulting and design services to be provided by American Consultant Engineers of Florida, LLC, for proposed capacity improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. 16) Request that the Board of County Commissioners approve a donation agreement and accept a warranty deed from Olde Cypress Development, Ltd., for Olde Cypress Unit One, Tract R-3, Tract O and A portion of Tract R-1 subject to the modification of the reverter language contained in the warranty deed and the County Attorney's Office review and recommendation of the revised language. Page 14 July 29, 2003 ]7) A resolution to prohibit trucks and other commercial vehicles having a rated load-carrying capacity in excess of five (5) tons from operating in the left lane, except when passing or preparing to make a left turn, on Immokalee Road fi.om Airport-Pulling Road to Collier Boulevard, Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard, and Collier Boulevard from Golden Gate Boulevard to US 41. Installation of legally required signage for notice to motorists; cost approval of $3200. (Effective date September 1, 2003) Resolution 2003-239 C. PUBLIC UTILITIES Moved to Item #10L 1) Present findings and recommendations concerning the negotiations with Interstate Waste Technologies pursuant to RFP #02-3316 MSW Processing & Gasification Facility. Approve ending negotiations with IWT and starting negotiations with Brightstar. 2) Approve the Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal impact is $106.50 to record the liens. 3) 4) Approve award of Bid #03-3523 for "furnish and delivery of household recycling containers" - estimated cost per fiscal year is $20,000. To Rehrig Pacific Company Adopt a resolution amending Resolution No. 2002-141 pertaining to the Price Street-Barefoot Williams Road Municipal Service Benefit Unit, Project Number 70077. Resolution 2003-240 5) 6) Award Contracts 03-3484 "Fixed Term Instrumentation and Controls Engineering Services (estimated annual amount $1,000,000) to the following firms: RKS Engineering, Inc.; Carollo Engineers; Westin Engineering, Inc. Authorization to execute and record satisfactions for certain water and/or sewer impact fee payment agreements. Fiscal impact is $28.50 Page 15 July 29, 2003 to record the satisfactions. 7) Approval of payment of Consent Order Number 03-0866~ 11 -IW issued to the North County Regional Water Treatment Plant in the amount of $750.00. 8) Approve electrical utility rate agreements for the North County Water Reclamation Facility as negotiated with Florida Power and Light Company. 9) Approve a budget amendment in the amount of $55,760 to reallocate funds for the transfer of Safety Coordinator position from Wastewater Administration Cost Center to the Water Administration Cost Center. 10) Adopt a resolution approving the Satisfaction of Lien for solid waste residential account wherein the County has received payment and said lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the lien. Resolution 2003-241 11) Adopt a resolution approving the Satisfaction of Liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $28.50 to record the liens. Resolution 2003-242 12) Adopt a resolution approving the Satisfaction of Liens for solid waste residential accounts wherein the County has received payment and said liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $46.50 to record the liens. Resolution 2003-243 Withdrawn 13) Approve transfer of funding source of Work Order No. UC-023 in the amount of $535,600 from Fund 414 (User Fees) Project 73051 to Fund 413 (Impact Fees) for pump station improvements to Kyle Construction Inc., previously approved by the Board on April 8, 2003, Page 16 July 29, 2003 Withdrawn 15) 16) 18) 19) 20) 21) Agenda Item 16 C, Project 73495. Approve selection committee ranking of firms for contract negotiations for RFP 03-3517, "Professional Engineering Services for Water Main Projects" (Estimated dollar amount of contract is $1,ooo,ooo). Greeley and Hansen, LLC; Wilson Miller; CH2M Hill Request for the Board of County Commissioners to approve proposed Change Order No. 2 with United Engineering Corporation for the South County Water Treatment Plant Expansion (Bid No. 01-3194) in the amount of $459,881.57. Approve Work Order GH-FT-03-8 in the amount of $149,812 with Greeley and Hansen LLC for the design and construction of Pigging Stations for the existing 30-inch parallel sewer force main on Immokalee Road, Project 73943. Affirm that the Manatee Road 6 million-gallon ground storage tank is an element of a project planned for in the 2002 Water Master Plan entitled Manatee Road Four Potable Water ASR Wells, Project 70157, in the approximate amount of $2 million. Accept the selection committee short list ranking for RFQ #03-3522, testing services for the inflow and infiltration study and authorize the Chairman to execute the contract for these services, Project Number 73164. To Severn Trent Services; RJN Group, Inc.; Advanced Underground Imaging; Equitas Sewer Services This item has been deleted. Approve contribution of $20,000 to the South Florida Water Management District for a further feasibility study of a regional irrigation distribution system at a sub-regional level. Authorize the Chairman of the Board of County Commissioners to execute an assignment of a contract that has been assigned by Richard Page 17 July 29, 2003 K. Bennett, Trustee, (Assignor) to Citygate Development, LLC, (Assignee), Project 70054. 22) Approve amendments to close out Work Orders GH-FT-02-05 and GH-FT-02-06 with Greeley and Hansen, LLC, to update the 2002 Water and Wastewater Master Plans, Projects 70070 and 73066. (In the amount of $74,600) D. PUBLIC SERVICES 1) Authorize the Chairman to sign the Home Care for the Elderly Grant contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida and approve the budget amendment. 2) Authorize the Chairman to sign the Alzheimer's Disease Initiative Grant contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida and approve the budget amendment. 3) Approve the Community Care for the Elderly Continuation Grant and authorize the Chairman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc., D/B/A Senior Solutions of Southwest Florida. 4) Authorize a budget amendment recognizing Community Development Block Grant Revenue in the amount of $46,5000 for the Human Services Department to provide prescription medications to low income residents in Immokalee. Approve amending Resolution 02-429 for Collier County EMS Service User Fees which will maximize revenue by adopting rates in accordance with similar Florida ambulance providers. Resolution 2003-244 6) Approve an Interlocal Agreement with the City of Naples for the reciprocal beach-parking program at a cost of $390,000 for Fiscal Year 2003. Page 18 July 29, 2003 Ee Chairman to sign upon approval by the City Of Naples City Council on August 20, 2003 7) Authorize the County Manager or designee to approve funds not to exceed $20,000 to spray for mosquitoes outside of the Collier Mosquito Control District should the County be placed on Medical Alert by the Department of Health. ADMINISTRATIVE SERVICES 1) 2) Recommendation to award Bid #03-3518, Safety Equipment and Supplies, to Safety Supply Warehouse and Grainger. (Estimated not to exceed $100,000) Recommendation to reject all proposals received under RFP 03-3543, Communications Services Contract. 3) 4) 5) Approve a budget amendment to move funds from the Information Technology Department budget to the Human Resources Department budget in order to provide adequate funding to meet staffing needs for the remainder of the current fiscal year. Award of Bid #03-3527, "Gasoline and Diesel Fuel", to Evans Oil Company and Petroleum Traders Corporation, estimated at $1.8 million annually. Approve payment of $34,467.43 to AAA Generator, Inc., for use tax assessed by State of Florida Department of Revenue and for use tax incurred after assessment on contracted work. 6) 7) Report and ratify staff-approved administrative change orders to board-approved contracts. Report covers period beginning on or about June 9, 2003 through July 16, 2003 Approve partial funding in the amount of $16,622.67 for the Golden Gate Fire Safety Complex Kitchen Remodel to improve facility accommodations. Page 19 July 29, 2003 8) Approve Change Order #3, Amendment Four, Contract 98-2867, in the amount of $338,000 for the design of the expansion and renovation of the Naples Jail Center to AEC National, included is the threshold inspection, piling redesign, build-out of the third floor expansion, ice tank relocations and stucco replacement to the existing jail. F. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board of County Commissioners' scheduled recess. 1) Funding for Eagle Lakes Nature Interpretive Center in the amount of $54,700 (Project 74050) 2) Award Contract 03-3497 "Auditing Services for Collier County" to KPMG (Estimated dollar amount of contract $285,000) 3) Budget Amendment for: #03-404 Sabal Palm Road Extension; #03-405 Golden Gate Beautification MSTU; #03-406 Vanderbilt Beach MSTU; #03-407 Naples Production Park MSTD;#03-408 Lely Golf Estates Beautification MSTD; #03- 410 Collier County Lighting Budget Amendment for #03-389 MSTD General Landscape Projects Budget Amendment to transfer $50,000 between cost centers within Fund 113 of the Community Development and Environmental Services Division Budget Amendment for #03-414 MSTD General Landscape Projects Awarded Bid #03-3542 for the "Boardroom Technology Enhancement" Project to the Whitlock Group in the amount of $105,398 Awarded Bid #03-3547 for Long Distance Services to Tel Quest Communications Corp. estimated value $84,000 Budget Amendment for #03-422 Public Services Administration 4) 5) 6) 7) 8) 9) 2) Recommendation that the Board of County Commissioners award Bid #03-3520 in the amount of $44,800 for purchase and delivery of pine Page 20 July 29, 2003 straw mulch to Forestry Resources Inc. 3) Approve an agreement and adopt a resolution authorizing Collier County, Florida to accept a $20,000 matching grant (75/25) from the Florida Department of Community Affairs to revise and update the Collier County's local mitigation strategy and approve a budget amendment to recognize and appropriate revenue. Resolution 2003-245 4) Recommendation that the Board of County Commissioners adopt a resolution fixing the date, time and place for the public hearing for approving the special assessment (non-ad valorem assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit for maintenance of the water management system, beautification of recreational facilities and median areas, and maintenance of conservation or preserve areas, and establishment of capital reserve funds for ambient noise management, maintenance of conservation or preserve areas, U.S. 41 berms, street signage replacements within the median areas and landscaping improvements to U.S. 41 entrances, all within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2003-246 Public Hearing to be held on September 4, 2003 at 5:05 P.M. in the Board of County Commissioners Chambers 5) Approve Resolution of the Board of County Commissioners of Collier County, Florida, amending and supplementing a Resolution entitled "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 of the principal of and interest on said bonds; providing for the rights of the holders of said bonds; providing for the issuance of additional bonds; providing for certain additional matters in respect to said bonds; and providing for an effective date for this Resolution"; authorizing the issuance of the Collier County, Florida Gas Tax Revenue Bonds, Page 21 July 29, 2003 Series 2004 in an aggregate principal amount of not exceeding $5 !,000,000; adding the constitutional gas tax to the pledged funds; providing for validation of the Series 2004 bonds; and providing an effective date. Resolution 2003-247 6) Approve resolution of the Board of County Commissioners of Collier County, Florida regarding reimbursement of certain costs relating to the acquisition, construction, and renovation of the County Jail Complex addition and renovation parking deck and chiller plant expansion, and the Development Services Building expansion and parking garage, and providing an effective date. Resolution 2003-248 Ge 7) The Finance Department seeks approval of a Budget Amendment required for payment ofrebatable arbitrage on the road improvement refunding revenue bonds, Series 1995. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 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. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (June 28-July 11, 2003) 2) 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 Page 22 July 29, 2003 and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (June 14-June 27, 2003) 3) 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. A copy of the Detailed Report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, FL. (July 12-18, 2003) 4) Recommend that the Board of County Commissioners designate the Sheriff as the Official Applicant and Program Point-of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Local Law Enforcement Block Grant Program, accept the Grant when awarded and approve applicable budget amendments. K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the easement acquisition of parcel 159B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5169-CA (Immokalee Road Project #60018). (In the amount of $17,382.96) Staff directed to pay the sum of $2,820.96 to Florida Power and Light 2) Approve the Stipulated final Judgment relative to the acquisition of a road easement designated as parcel 128 in the lawsuit entitled Collier County v. Gerald A. McHale, Jr., Successor Trustee Under Unrecorded Land Trust Agreement Dated 12/10/92, et. al. (Pine Ridge Road between CR 31 and Logan Blvd., Project No. 600111.) (In the amount of $3,394.14) Staff directed to issue check to the trust account of Respondent's counsel for disbursement of attorneys costs and fees Page 23 July 29, 2003 3) Approve the Stipulated Final Judgment relative to the fee simple acquisition of parcel 142 in the lawsuit entitled Collier County v. Owen M. Ward, Trustee, et al., Case No. 99-1291-CA. (In the amount of $18,716) Staff directed to issue a check to the trust account of Respondent's counsel for the disbursement of funds 4) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment relating to the acquisition of parcel 132 in the lawsuit styled Collier County v. Treesource, Inc., et al., Case No. 02-5167-CA (Immokalee Road Project No. 60018.) (In the amount of $200,100) s) Recommendation to approve a budget amendment in the amount of $50,000 for outside counsel and professional services in support of Resolution 2002-428 expressing the County's concerns regarding the acquisition of the Marco Island/Marco Shores utility system by the Florida Water Services Authority. 6) Recommendation that the Board approve a settlement agreement in the case of Board of County Commissioners Collier County, Florida v. Manatee Resort Condominium Association, et al, Code Enforcement Board Case Number 2001-086, and authorize the Chairman to sign all necessary settlement documents. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL 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. FOR THOSE ITEMS, WHICH ARE QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. Page 24 July 29, 2003 Ae Request that this item be continued to the September 9~ 2003 BCC meeting. Adopt a Resolution authorizing a change in methodology for the assessment of non-residential water and wastewater impact fees based on equivalent residential connections (ERC). Continued to the September 9, 2003 BCC Meeting B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. An Ordinance amending Ordinance Number 91-102 the Collier County Land Development Code which includes the Comprehensive Zoning Regulations for the Unincorporated Area of Collier County, Florida, by amending the official zoning atlas map numbered 0511S by changing the zoning classification of the herein described real property from C-3 and RMF-6 to "PUD" Planned Unit Development known as the Miller Square PUD. This project will consist of 20,000 square feet or less of retail and office commercial uses, located at the northeast comer of U.S. 41 east and Shadowlawn Drive in Section 11, Township 50 south, Range 25 east, Collier County, Florida, consisting of 1.9+ acres. This item is a companion to CPSS-2003-1 GMP Amendment~ Item 17 C. Continued to the September 9, 2003 BCC Meeting C. Petition No. CPSS-2003-1, a small-scale growth management plan amendment (future land use element) to expand the boundaries of Activity Center #16. This item is a companion to Miller Square PUDZ-2002-AR- 3151~ Item 17 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-03-AR- 3605, William L. Hoover of Hoover Planning and Development Inc., and Jeff Davidson of Davidson Engineering, Inc., representing Philip McCabe of Gulf Coast Commercial Corporation, requesting a rezone from "RMF-6" Residential Multi-Family Zoning District to "PUD" Planned Unit Development to be known as Botanical Place PUD allowing 218 multi- family residential dwelling units of which 64 units will be for affordable housing subject to the approval of an affordable housing density bonus agreement for property located on the east side of Bayshore Drive and approximately 800 feet north of Thomasson Drive in Section 14, Township 50 south, Range 25 east, Collier County, Florida. Ordinance 03-38 Page 25 July 29, 2003 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVROW2003-AR3572 to disclaim, renounce and vacate the County's and the Public's interest in the road right-of-way for 45th Lane Southwest, which was dedicated to the County by the plat of"Golden Gate Unit 3", as recorded in Plat Book 5, Pages 97 through 105, Public Records of Collier County, Florida, and to vacate two 6 foot wide drainage and public utility easements located in Section 27, Township 49 south, Range 26 east. Resolution 2003-249 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2002-AR3183 to disclaim, renounce and vacate the County's and the Public's interest in the 15 foot wide drainage easement located on a portion of Lot 42, Block "B", according to the Plat of"Forest Lakes Homes" as recorded in Plat Book 12, Pages 41 through 46, Public Records of Collier County, Florida, and to accept a relocation drainage easement on a portion of said Lot 42 and on a portion of that parcel owned by the petitioner which abuts said Lot 42, located in Section 14, Township 49 south, Range 25 east. Resolution 2003-250 Ge That the Board of County Commissioners (BCC) adopt an ordinance to impose a $3.00 surcharge to fund driver education programs in public and non-public high schools in Collier County pursuant to Section 318.1215, Florida Statutes. Ordinance 03-39 He Adopt resolution increasing the regulatory assessment fee from one and one- half percent to two percent of gross revenues for non-exempt privately owned water and wastewater systems subject to local regulation, effective October 1, 2003, as recommended by the Collier County Water and Wastewater Authority Resolution 2003-251 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003, AR-3979, Ronald Waldrop of Waldrop Engineering, P.A., representing Lely Development Corporation. Applicant is requesting the following five street name changes located in the Classics Plantation Estates Phase Two: From Hemingway Street to Trent Court, in Section 27, Township 50 south, Range Page 26 July 29, 2003 26 east; from Kipling Road to Nelsons Way, in Section 27, Township 50 south, Range 26 east; from Casablanca Street to Palmer Court, in Section 22 and 27, Township 50 south, Range 26 east; from Browning Street to Hogan Court, in Section 27, Township 50 south, Range 26 east; from Emerson Street to Snead Court, in Section 27, Township 50 south, Range 26 east. Resolution 2003-252 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 27 July 29, 2003