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Recap 09/09-10/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 9-10, 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 REGIS?ER 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. 1 September 9-10, 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 A. Reverend Richard D. Ringenwald, Moorings Presbyterian Church .__ 2. AGENDA AND MINUTES Ae 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, with the exception of Item #17B, which is contingent upon the approval of Item #8C - 5/0 Be July 29, 2003 - Regular Approved as presented - 5/0 July 31, 2003 - Value Adjustment Board Organizational Meeting Approved as presented - 5/0 e SERVICE AWARDS Presented Twenty-Year Attendee 1) Joanne Soprano, Library Not Present 2 September 9-10, 2003 A 4. PROCLAMATIONS Ae Proclamation to designate September 22, 2003 as Family Day. representatives to accept this proclamation. Adopted - 5/0 There are no Proclamation to bring awareness to the Leukemia & Lymphoma Society by designating the Month of September 2003, as Leukemia and Lymphoma Awareness Month. To be accepted by Nancy B. Fessenden, Ph.D., Patient Services Manager. Adopted - 5/0 Co Proclamation to designate September 15 through 19, 2003 as Industry Appreciation Week. To be accepted by Tammie Nemecek, Executive Director of the Economic Development Council and Fred Pezeshkan, Chairman of the Economic Development Council. Adopted - 5/0 De Proclamation recognizing Dr. Charles A. Stokes for his outstanding spirit of civic mindedness and his contributions to the community. ~ dopted - 5/0 5. PRESENTATIONS Ae Recommendation to recognize Pamela Wilson, Administrative Assistant, Traffic Operations and ATM Department, as Employee of the Month for August 2003. Recognized 6. PUBLIC PETITIONS As Public Petition request by Mr. Adam Mackey regarding proposed Traffic Light at the Regent Park entrance on Immokalee Road. Discussed 7. BOARD OF ZONING APPEALS Ae Continued from the July 29~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. VA-2002-AR-2525 Robert Davy and Mark Allen, 3 September 9-10, 2003 ge representing Little Hickory Shores Unit 3 Re-Plat Property Owners, requesting a 15-foot variance from the required boathouse side yard setbacks 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. Denied - 4/1 (Commissioner Coletta opposed) This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-3485, Terry Kepple, of Kepple Engineering, representing Patricia J. Ryan, requesting Conditional Use "11" to allow a kiosk adjacent to the parking lot in the C-5 zoning district for a food vendor. The property to be considered for the conditional use is located at the Estey-Air Plaza, 1253 Airport Road South, located at the comer of Airport Road and Estey Avenue, in Section 1, Township 50 south, Range 25 east, Collier County, Florida. This property consists of 0.97+ acres. ResolUtion 2003-303 - Adopted 5/0 ADVERTISED PUBLIC HEARINGS This item to be heard after 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition DRI-02-AR-2358, Robert Mulhere of RWA Inc., representing Parklands Development L.P., requesting an amendment to the Parklands Development of Regional Impact (DRI), to allow for a conversion in the mixture of multi-family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreement" with Collier County for the extension of Logan Boulevard; revising the environmental commitments to include wetland preservation and flow-way improvements for property located at the northeast comer of the Logan Boulevard Extension and the future east/west Livingston Road Right-of-Way and approximately two miles north of Immokalee Road (CR- 846), in Section 9, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2003-302 Development Order 2003-02 - Adopted w/stipulations - 5/0 4 September 9-10, 2003 This item to be heard after 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition PUDZ-02-AR-2357, Robert Mulhere of RWA Inc., representing Parklands Developments L.P., requesting a "PUD" to "PUD" (Planned Unit Development) rezone for the purpose of revising the Parklands PUD document and master plan to allow for a conversion in the mixture of multi-family and single family uses while retaining the currently approved residential uses; adding an additional 9 holes of golf for a total of 27 holes; establishing a "Road Construction Agreement" with Collier County for the extension of Logan Boulevard; revising the environmental commitments to include wetland preservation and flow-way improvements for property located at the northeast corner of the Logan Boulevard Extension and the future east/west Livingston Road Right-of- Way and approximately two miles north of Immokalee Road (CR-846), in Section 9, Township 48 south, Range 26 east, Collier County, Florida. Ordinance 2003-42 - Adopted w/stipulations - 5/0 Continued from the July 29~ 2003 BCC Meeting. Approval of Items 17A and 17B are contingent upon the approval of this item. Petition No. CPSS-2003-1, a small-scale growth management plan amendment (future land use element) to expand the boundaries of Activity Center #16. Ordinance 2003-43 - Adopted 5/0 Continued to September 23, 2003 D. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition CCSL-2001- 5/AR- 1922, Brett Moore of Humiston and Moore Engineering, representing the Vanderbilt Beach Motel; requesting a variance from the Coastal Construction Setback Line (CCSL) to allow construction of a multi-story residential building, a parking structure, two swimming pools with extensive paver decking, and a wooden boardwalk connecting to a handicapped beach access ramp all of which are located on property known as the Vanderbilt Beach Motel with a street address of 9225 Gulfshore Drive North in an area generally known as Vanderbilt Beach and more particularly described as Lot 4, Block A, Conners Vanderbilt Beach Estates Unit No. 1, located in Section 32, Township 48 south, Range 25 east, Collier County, Florida. Em This item to be heard after 2:00 p.m. Recommendation to approve commercial excavation Permit No. 59.814-1 "Golden Gate Quarry", located in Section 21, Township 49 south, Range 27 east; bounded on the north by 5 September 9-10, 2003 Fe Ge the existing quarry operation, and on the west, south and east by land zoned Agricultural-A (ST/WS4). Approved w/stipulations - 4/0 (Commissioner Coyle out) Public Hearing for the 2002 Cycle of Growth Management Plan Amendments. (Adoption Hearing) CP-2002-1 - Approved - 5/0 CP-2002-3 - Approved - 5/0 CP-2002-4 - Approved - 5/0 CP-2002-5 - Approved - 5/0 CPSP-2002-6 - Approved w/changes - 5/0 CPSP-2002-7 - Approved w/changes - 4/0 (Commissioner Fiala out) CPSP-2002-8 - Approved - 5/0 CPSP-2002-9 - Approved w/changes 5/0 CPSP-2002-10 - Approved w/changes 5/0 CPSP-2002-11 - Approved - 5/0 Ordinance 2003-44 Transmitting Amendments to DCA - Adopted 5/0 Adoption of a resolution applying the annual mid-cycle year indexing adjustments to amend the road impact fee rate schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001- 13, as amended); providing for a delayed effective date. Resolution 2003-304 This item to be heard after 3:00 p.m. Continued from the July 29, 2003 BCC Meeting. 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. Approved in concept and will be amended, re-advertised, and to be brought back at a future meeting - 5/0 This item to be heard after 3:00 p.m. Approve an ordinance to be lmmvn as the Fee Payment Assistance Ordinance; approve an associated budget amendment for $1,500,000; establish a fee payment assistance program available to eligible businesses to mitigate the economic effects of increased impact fee rates. 6 September 9-10, 2003 Approved in concept and will be amended, re-advertised, and to be brought back at a future meeting - 5/0 This item to be heard after 3:00 p.m. Approve an ordinance to be known as the Advanced Broadband Infrastructure Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. Approved in concept and will be amended, re-advertised, and to be brought back at a future meeting - 5/0 Ke This item to be heard after 3:00 p.m. Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $500,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. Approved in concept and will be amended, re-advertised, and to be brought back at a future meeting - 5/0 This item to be heard after 3:00 p.m. Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. Approved in concept and will be amended, re-advertised, and to be brought back at a future meeting - 5/0 BOARD OF COUNTY COMMISSIONERS A. This item has been deleted. Ce De Appointment of member to the Development Services Advisory Committee. Resolution 2003-306 appointing Clay C. Brooker- Adopted 5/0 Appointment of members to the Contractors' Licensing Board. Resolution 2003- 307 appointing David L. Beswick and William T. Lewis - Adopted 5/0 Appointment of member to the 1-75 Golden Gate Parkway Ad Hoc Advisory Committee. 7 September 9-10, 2003 Fe Ge He Ii, Ke te Resolution 2003-308 appointing Cheryle Newman - Adopted 5/0 Appointment of members to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Resolution 2003-309 appointing Philip J. McCabe, Michael P. Valentine and Peter H. Van Arsdale - Adopted 5/0 Appointment of members to the Collier County Planning Commission. Resolution 2003-305 appointing Robert P. Murray and George E. Evans, and re-appointing Kenneth L. Abernathy - Adopted 5/0 Appointment of member to the Collier County Airport Authority. Resolution 2003-310 reappointing Robin E. Doyle, Jr. and E. Raymond Rewis, Sr. (+ one vacant position) - Adopted 4/0 (Commissioner Coyle out) Appointment of members to the Emergency Medical Services Advisory Council. Resolution 2003-311 appointing Denver Stone, Michael C. Bridges, Debra Wright; reappointing Robert D. Laird and Heather Rockcastle; and confirming Cleveland Clinic Representative, Dr. Joel Moll and Sheriff's Office Representative, Captain Albert Beatty - Adopted 4/0 (Commissioner Coyle out) Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2003-312 appointing Ernest A. Labrador- Adopted 4/0 (Commissioner Coyle out) Appointment of Commissioner to serve on the County Canvassing Board. Resolution 2003-313 (appointing Commissioner Halas - Adopted 4/0 (Commissioner Coyle out)-No resolution to be prepared per County Attorney's Office Appointment of members to the Black Affairs Advisory Board. Resolution 2003-314 reappointing LaVerne Franklin and appointing Irene C. Williams and Mary Linda Sanders - Adopted 4/0 (Commissioner Coyle out) Discussion of proposed amendment to the County's Vehicle For Hire Ordinance regulating taxicabs. (Commissioner Henning) 8 September 9-10, 2003 To be brought back with advice on how to proceed from the Public Vehicle Advisory Committee (PVAC) - Consensus Me Replacement for the Value Adjustment Board. (Commissioner Fiala's request) Commissioner Coyle to replace Commissioner Fiala - Approved 5/0 10. COUNTY MANAGER'S REPORT Ae Board of County, Commissioners acting as the Community Redevelopment Agency. Recommendation that the Community Redevelopment Agency (CRA) carefully analyze the four funding options and recommend to the Board of County Commissioners the amount of funding that should be allocated from Fund 186 (Immokalee Redevelopment) and Fund 187 (Bayshore/Gateway Redevelopment) towards the funding of one and three quarters (1 & 3/4) full-time employees (FTEs) for FY03/04 necessary for facilitating the Redevelopment Incentives Program. (Joseph K. Schmitt, Community Development) To continue working w/CRA and reimburse the county for expenses incurred - Approved 5/0 Approve funding in the amount of $98,000 for the creation of a Non-Profit Housing Development Corporation (HDC). (Joseph K. Schmitt, Administrator, Community Development) Approved - 4/0 (Commissioner Coyle out) Approve Developer Contribution Agreement with G.L. Homes of Naples Associates, Ltd. as developer for road impact credits ($344,250) in exchange for the land dedication to the County's Transportation Network. All rights to developer under the Developer Contribution Agreement are subject to developer complying with all conditions of the Agreement imposed by the County. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Continued to September 23, 2003 D. Consideration to support the Southwest Florida Resource and Conservation and Development (SWFRC&D) Council's Application for Resource Conservation and Development Program Assistance after hearing a presentation by a SWFRC&D Representative. (Joseph K. Schmitt, 9 September 9-10; 2003 Administrator, Community Development) me Item to be heard prior to Items 8A and 8B: Request that the Board of County Commissioners approve donation agreements and accept warranty deeds from Olde Cypress Development, Ltd., for Olde Cypress Unit One, Tract R-3, Tract O and a portion of Tract R-1 for the purpose of future right- of-way to be known as Logan Boulevard North and to approve a landscape maintenance agreement with Olde Cypress Development. (Norman Feder, Administrator, Transportation Services) Approved with changes - 5/0 Fo Recommend that the Board of County Commissioners authorize staff to negotiate agreements between the agency for Health Care Administration and Naples Community Hospital for participation in the Upper Payment Limit Program for services provided on behalf of Human Services Department, County Health Department, and David Lawrence Center to generate an additional $537,197 in federal matching funds. (John Dunnuck, Administrator, Public Services) Approved - 4/0 (Commissioner Coyle out) Go Authorize an additional $163,900 to spray for mosquitoes outside of the Collier Mosquito Control District for the remainder of the rainy season because of the medical alert by the Florida Department of Health. (John Dunnuck, Administrator, Public Services) Denied - 5/0 He Award a Construction Contract in the amount of $5,920,319.69 to Better Roads Inc., and allocate $590,000.00 (10% of the construction cost) for contingency purposes to construct the Golden Gate Parkway Six Lane Improvement Project, from Livingston Road to Santa Barbara Boulevard, Project No. 60027, Bid No. 03-3552. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coyle out) Moved from Item #16B2 I. To address a neighborhood association generated request that the Collier County Board of County Commissioners (CCBCC) approve the establishment of a Neighborhood Traffic Management Program (NTMP)/Traffic Calming Project via the adoption of Traffic Management Petition Number 03-02, for the area of Estey Avenue, Pine Street and 10 September 9-10, 2003 Brookside Drive from Shadowlawn Drive to Davis Boulevard/SR 84 for a total cost of $16,000. Approved w/changes - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. Item to be heard at 1:00 p.m. To discuss with the Board of County Commissioners the Clerk of the Circuit Court assisting the State Attorney's Office with white-collar crime cases. Authorize Clerk of the Circuit Court to hire additional staff member (cost between $40-$50,000) to be paid w/ad valorem taxes, to assist State Attorney's Office w/white-collar crime cases in Collier County until July 1, 2004 - Approved 5/0 AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 1. Commissioner Halas will be out of town on October 8th 2. Commissioner Henning: Manatee Issue, Red Tide Mtg. w/Congressman 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) 2) Approve an agreement to accept a 100% reimbursable Caribbean Conservation Corporation Grant in the amount of $6,000. Approve the settlement agreement relative to a Code Enforcement Lien imposed on property located on 275 Singletary Street, Copeland, Florida, and upon payment authorize the execution and recording of a September 9-10, 2003 Satisfaction of Lien. 3) Establishment of a program to provide assistance to affordable housing rental developments. 4) 5) Final acceptance of water and sewer utility facilities for North Naples United Methodist Church. With release of the Utilities Performance Security to the Project Engineer or the Developer's designated agent Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit One". Resolution 2003-265 6) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Three". Resolution 2003-266 7) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of"Pebblebrooke Lakes". Resolution 2003-267 8) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of"Pebblebrooke Lakes Phase 2". Resolution 2003-268 9) Request to grant final acceptance of the roadway (private), drainage, water and sewer improvements for the final plat of"Pebblebrook Lakes Phase 3". Resolution 2003-269 Approve a TDC Category "A" Tourism Agreement with the City of Naples for the Lowdermilk Park Parking Lot Reconstruction/Restoration in the amount of $375,000. 12 September 9-10, 2003 Approval of the Satisfaction of Liens for Code Enforcement Board Case No. 2002-013; 2003-018; and 2001-014. Bo ]2) 13) Lien Resolutions-Code Enforcement Case Numbers: 2003010033/Licimaco Ramirez; 2002060250/Lizzie Holmes Glover; 2003041306/Abraham J. and Dotty Moses; 2003041305/Abraham J. and Dotty Moses; 2003041304/Abraham J. and Dotty Moses; 2003041303/Macquerira, Mercy; 2003050823/Buitrago, Alvaro; 2003030939/Gomez, Jesus; 2002120974/Wisniewski, Leonard; 2003010862/Smentek, Karen L.; 2002120433/Melendez, Miranda; 2002120967/Lewis Tr., Evelyn G; 2107300309/Family Storage Inc., 2003011224/Baur, Guy E. and Diane; 2003010772/Joyce Et al, Wallace Landon; and 2002110465/Aurora Bros. Resolutions 2003-270 through 2003-286 Ratify County Manager authorization to change the allocation of expenses in Tourism Agreement with the City of Naples for the July 4th 2003 Celebration. For additional cost of equipment TRANSPORTATION SERVICES 1) To obtain retroactive Board approval of wording change to the amended Interlocal Agreement with the City of Naples extending the current distribution of the local option gas taxes revenues until December 31, 2003. Moved to Item #101 2) To address a neighborhood association generated request that the Collier County Board of County Commissioners (CCBCC) approve the establishment of a Neighborhood Traffic Management Program (NTMP)/Traffic Calming Project via the adoption of Traffic Management Petition Number 03-02, for the area of Estey Avenue, Pine Street and Brookside Drive from Shadowlawn Drive to Davis Boulevard/SR 84 for a total cost of $16,000. 3) Award a construction contract in the amount of $702,930.45 to Apac- Southwest Inc., and allocate $70,000 (10% of the construction cost) for contingency and budget purposes to construct the proposed Davis Boulevard/Collier Boulevard Intersection, Project No. 60170. 13 September 9-10, 2003 4) Approve Work Order No. BOC-FT-03-03 with Bonness Inc., for intersection improvements in the amount of $165,716.46 on Golden Gate Parkway and Coronado Parkway Intersection, Project No. 66065. s) Approve the Joint Participation Agreement between Collier County and Sprint-Florida, Incorporated for construction of underground utilities for the Golden Gate Parkway Six Lane Improvement Project No. 60027. Resolution 2003-287 6) 7) 8) 9) To address a neighborhood association generated request that the Collier County Board of County Commissioners (CCBCC) approve the establishment of a Neighborhood Traffic Management Program (NTMP)/Traffic Calming Project via the adoption of Traffic Management Petition Number 03-01, for River Reach Drive from River Reach Way West approximately 3,200 feet. Residents to provide funding (approximately $10,000) for all costs relevant to the Traffic Calming Project Award Contracts 03-3480 "Fixed Term Professional Environmental Consulting Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). To Johnson Engineering, Inc., Passarella & Associates and Scheda Ecological Associates for multiple projects Recommendation to award Annual Bid #03-3510-"Jack and Bore and Directional Bore Operations" to Cabana Construction, Inc. and American Boring and Trenching, Inc., for the approximate amount of $30,0O0. American Boring & Trenching, Inc. as primary and Cabana Construction, Inc. as secondary Approve a Work Order No. KCS-FT-03-01 in the amount of $197,934 for the construction engineering and inspections services by KCCS for the Davis Boulevard/Collier Boulevard Intersection Improvements, Project No. 60170, RFP No. 00-3184. Recommendation to award Bid #03-3483-to NR Contractors for the construction of equipment noise barrier wall at the Davis Boulevard 14 September 9-10, 2003 Maintenance Facility approximate amount of $409,981.68 and include additional engineering work and a contingency in the amount of $51,000 for a total amount of $460,981.68. C. PUBLIC UTILITIES 1) Award of Bid #03-3544- Annual Contract for Sale of Baled Corrugated and White Goods". To Garden Street Paper Products (baled corrugated) and Anderson Hauling (white goods) at an estimated $72,000 per year 2) Request a budget amendment to transfer funds between Stake and Locate, Wastewater Treatment Plant-Immokalee Road, Reuse, Wastewater Labs, Collections, and South County Wastewater Treatment Plant in the amount of $203,000. 3) Recommendation that the Board of County Commissioners adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No. 1 and 2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the Unincorporated Area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be $11,333,641. Resolution 2003-288 for Solid Waste District No. 1 and Resolution 2003-289 for Solid Waste District No. 2 4) Accept Right-of-Entry Agreement with Olde Florida Golf Club, Inc., related to improvements needed to control unauthorized vehicular access to the County's North Hawthorn Wellfield along a South Florida Water Management District (SFWMD) Canal Easement, Project 70094 Installation of 450 feet of fence s) Approve Amendment 1 to Work Order GH-FT-02-3 with Greeley and Hansen LLC, for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, Project 70892, in 15 September 9-10, 2003 - the amount of $91,910. De 6) Approve a budget amendment to transfer funds in the amount of $300,000 received from the South Florida Water Management District (SFWMD) Grant Contract C-13978 for brackish water supply wells for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Expansion, Project 70054. 7) Accept utility and temporary construction easements for construction of Phase II of the sewer interconnect project to redirect flow between the North and South County Sewer Systems at a cost not to exceed $7,500 (Project No. 73076). From The District School Board of Collier County, FoxFire Community Association of Collier County and Florida Power & Light Company; specifics outlined in the Executive Summary 8) Approve Change Order to Golden Gate Wellfield Reliability Improvement Contract 02-3348 in the deduct amount of $160,968, Project 70066. Change Order No. 6 with Florida State Underground, Inc. 9) Approve the purchase and installation of one (1) two (2) ton bridge crane in the amount of $26,055 from Crane Equipment and Service Inc., Bid #03-3533. For the safety of employees at 6027 Shirley Street intended for lifting heavier pumps in the pump shop 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 $457,528.09, Project 70054. PUBLIC SERVICES 1) 2) Approve a request to apply for a Florida Recreation Development Assistance Program Grant in the amount of $200,000 for development of North Naples Regional Park. Approve a purchase in an amount not to exceed $75,000 for skate park ramps from Bliss Products, Inc. September 9-10, 2003 3) For Golden Gate Community Center Approve budget amendments recognizing $4,000 revenue from donations for memorial benches. E. ADMINISTRATIVE SERVICES 1) Adopt a resolution approving a revised policy for the operation of Lake Trafford Memorial Gardens Cemetery. Resolution 2003-290 2) Request adoption of a resolution authorizing cancellation of ad valorem taxes due on property recently acquired by the County for Copeland Panther Neighborhood Park. Resolution 2003-291 Fe 3) Approve a budget amendment to appropriate security special service revenues totaling $13,000 for reimbursement of personnel expenses in Fiscal Year 2003. 4) Report and ratify staff-approved change orders to Board-approved contracts. For period commencing on or about July 16, 2003, through August 15, 2003 COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board of County Commissioners' scheduled recess 1. Agreement with SFWMD 2. Budget Amendment 03-457 3. Budget Amendment transferring $268,500 for furniture for the new CDES Building 4. Agreement between the Supervisor of Elections and the City of Naples 5. Change Order No. 1 to Work Order UC-018 'with Haskins, Inc. 6. Award Contract # 03-3489 to Barany Schmitt Summers Weaver and Partners, Inc., with approval of necessary Budget Amendment September 9-1 O, 2003 7. Budget Amendment for the "Collier County Landscape Beautification Master Plan" 8. Approve funding increase regarding operation of the Lee Cypress Water and Sewer Cooperative in Copeland, Florida 9. Award contract to Douglas N. Higgins, Inc., Bid 03-3545, in the amount of $1,765,295.00 10.Resolution 2003-292 implementing a 20mph speed zone at Sable Palm Elementary School 11.Agreement with the District School Board for athletic field upgrades in the amount of $407,670 12.Purchase of Bleachers from Outdoor Aluminum, Inc., in the amount of $33,007.40 13.Offsite removal of up to 70,000 cubic yards of excess fill from Palmetto Ridge High School site 14.Reject proposal under RFP 03-3502 for Domestic Animal Services Shelter Management Software 15.Amendment 1 to Work Order GH-FT-03-02 with Greeley and Hansen, LLC, Contract # 00-3119 16. Funding transfer for Work Order No. UC-023 in the amount of $504, i00 to Kyle Construction, Inc. 17.$10,000 Budget Amendment from a land lease to Alltel Corporation 18.Agreement between Brittany Bay Partners (Camden Cove Apartments) and Collier Collier 19. Budget Amendment ($15,474) for purchase of Automatic External Defibrillators 20.Award Contract under RFP 03-3525 to Electric Power Systems, Electro-Test, Inc., and Industrial Electric Testing, Inc. 21.Budget Amendment recognizing unbudgeted revenue in the amount of $112,900 22.Contract # 03-3500 negotiations with Hansen Information Technologies for an Information System for CDES 23. State of Florida Contract # 974-041-03-1 in the amount of $43,000 with CIO-TO-RENT regarding Information System for CDES 24.Amendment No. 5 to Contract No. 98-2829 with Kraft Construction Company, Inc. 25.Budget Amendment in the amount of $70,000 26.Budget Amendment in the amount of $13,100 27.Budget Amendment, Carry Forward from FY02, in the amount of $14,000 18 September 9-10, 2003 2) 3) 4) 28.Second Amendment to Lease Agreement with Arnold Properties, Inc., regarding space for Sheriff's Office in the amount of $44,857.68 29.Amendment 1 to Work Order GH-FT-02-9 with Greeley and Hansen, LLC, in the amount of $82,700 30.Award Bid # 03-3546 to Atlantic Truck Center for $99,985 31.Work Order # PBS-02-25, Contract # 02-3349 for $85,900 to Professional Building Systems Approve a corrected agreement accepting a matching (75/25) grant from the Florida Department of Community Affairs to revise and update the Collier County Local Mitigation Strategy. Approve Agreement #04CP-11-09-21-01-023 between the State of Florida, Department of Community Affairs and Collier County, Florida in the amount of $9,118 for the preparation of hazards analyses reports for thirty-eight facilities within Collier County. Approve an agreement between the State of Florida, Department of Community Affairs and Collier County, Florida accepting $9,257 in matching funds (75/25) for shelter enhancement to Corkscrew Middle School. 5) To adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2002-03 adopted budget. Resolution 2003-BAR-01 6) Authorizing an inter-fund loan from General Fund Reserves to the Isles of Capri Operating Budget. In the amount of $25,000, to be repaid with interest, early in FY04 AIRPORT AUTHORITY He BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta's request for approval for payment to attend NAACP Freedom Fund Banquet. In the amount of $55.00, to be held on October 25, 2003 19 September 9-10, 2003 2) Commissioner Coletta's request for approval for payment to attend Leadership Collier Kick Off In Honor of the Class of 2004. In the amount of $15.00, to be held on September 11, 2003, at the Naples Beach Hotel and Golf Club 3) Commissioner Henning's request for approval for payment to attend NAACP Freedom Fund Banquet. In the amount of $55.00, to be held on October 25, 2003 4) Commissioner Coletta's request for approval for payment to attend the EDC 20th Annual Excellence in Industry Awards Luncheon. In the amount of $45.00, to be held on September 16, 2003, at the Ritz-Carlton Beach Resort 5) Commissioner Fiala's request for approval for payment to attend NAACP Freedom Fund Banquet. In the amount of $55.00, to be held on October 25, 2003 6) Commissioner Halas' request for approval for payment to attend the EDC 20th Annual Excellence in Industry Awards Luncheon In the amount of $45.00, to be held on September 16, 2003, at the Ritz-Carlton Beach Resort. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners ratify the payment of sales tax to the Florida Department of Revenue related to the lease arrangement with Subway Real Estate Corporation, for the Subway and Dunkin' Donuts located on the Campus. In the amount of $5,902.06 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 and authorize the expenditure of County funds to satisfy said purchases. Detailed report from July 19 through August 1, 2003 and 2O September 9-10, 2003 s) is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, Naples, FL. 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. Detailed report from August 2 through August 15, 2003 and is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, Naples, FL. 4) 5) 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. Detailed report from August 16 through 22, 2003 and is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, Collier County Government Center, Naples, FL. Authorize the Supervisor of Elections to accept Voter Education Funds with a 15% matching contribution. From the Department of State, Division of Elections, in the amount of $44,560.32 K. COUNTY ATTORNEY 1) 2) Authorize the making of an Offer of Judgment to Respondents, William J. Conran and Pamela J. Conran, for Parcel No. 192 in the amount of $62,000 in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). Staff to deposit $10,400.00 into the Registry of the Court Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 180 in the Lawsuit styled Collier County v. Big Corkscrew Fire District, et al, Case No. 02-2218-CA (Immokalee Road Project #60018). Staff to deposit $2,000.00 into the Registry of the Court 21 September 9-1 O, 2003 3) 4) 5) Authorize the making of an Offer of Judgment to Respondent, G JR of Naples, Inc., for Parcel No. 188 in the amount of $40,000 in the' Lawsuit styled Collier Count. v. GdR of Naples Inc., et al, Case No. 02~2212-CA (Immokalee Road Project #60018). Staff to deposit $7,000.00 into the Registry of the Court Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcels 178A and 178B in the Lawsuit styled Collier County v. Roberto Bollt, et al, Case No. 02-2217-CA (Immokalee Road Project #60018). Staff to deposit $35,400.00 into the Registry of the Court Board approval of a resolution calling for an election to fill vacancies on the Naples Heritage Community Development District. Resolution 2003-293 6) Continued 7) Board approval of a resolution calling for an election to fill vacancies on the Heritage Greens Community Development District. Resolution 2003-294 to September 23, 2003 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 amended 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. 8) Approve Special Master Agreements for Value Adjustment Board Hearings for Tax Year 2003. Four Special Master Agreements with H. Neal Scott, Gerald A. Lagace, Marianne Kantor and Stephen Cunningham 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 22 September 9-10, 2003 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. Continued to September 23, 2003 A. Continued from the July 29~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. The approval of this item is contingent upon the approval of Item 8C. PUDZ-2003-AR-3151, Wayne Arnold and Richard Yovanovich representing Richard Santerre requesting a rezone from C-3 and RMF-6 to "PUD" Planned Unit Development known as the Miller Square PUD. This project will consist of 19,000 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. The approval of this item is contingent upon the approval of Item 8C. Petition AVPLAT2002-AR3175 to vacate a portion of the twelve foot wide alley and to vacate a portion of those areas labeled "Reserved for Easement 3.0 Ft." and "Reserved for Easement 1.5 Ft. on Each Side" in Block "E" as shown on the plat of"Shadowlawn at Naples," as recorded in Plat Book 1, Page 37, Public Records of Collier County, Florida, and to accept a 24 foot wide relocation alley over a portion of said Block "E", located in Section 11, Township 50 south, Range 25 east. Resolution 2003-295 Ce Approve the County's Community Development Block Grant Program Year 2002-2003 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) for the Community Development Block Grant (CDBG) Program, and authorize the Board of County Commissioner's Septombor 04 0, 2003 De Chairman to certify the CAPER for submission to HUD. (CAPER draft documented currently available at all Collier County Public Libraries, at the Public Information Desk and in the FAH Department office for public comment period through August 25, 2003. Final CAPER document will be submitted before September 1, 2003) A resolution to expand the geographic boundaries of the Collier'County Water-Sewer District to incorporate areas within the Rural Fringe Mixed Use District and to delete one area served by the Florida Government Utility Authority (in the Golden Gate Area). Resolution 2003-296 and CWS Resolution 2003-02 te This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-2863, Karen Bishop, of PMS Inc. of Naples, representing John A. Pulling Jr., and Lucy G. Finch, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Longview Center PUD for a maximum of 15 residential dwelling units, a maximum of 73,000 square feet of mixed retail and service uses and a maximum of 70,000 square feet of medical and/or general office space for property located at the northeast and southeast comers of Airport-Pulling Road and Orange Blossom Road, in Section 1, Township 49 south, Range 25 east, Collier County, Florida, consisting of 14.73+ acres. Ordinance 2003-41 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2003-AR- 4325 J. Gary Butler, of Butler Engineering Inc., representing Teryl H. Brzeski and Samuel Hubschman, Trustees, requesting a 2-year extension to the Pine Ridge Comers PUD, pursuant to LDC Section 2.7.3.4.6, for a 4.22+ acre tract located on the north side of Pine Ridge Road, 1/6+ mile east of Whippoorwill Lane, further described as Tract 77, Unit 35, Golden Gate Estates, as recorded in Plat Book 7, Page 85, in Section 7, Township 49 south, Range 26 east, of Collier County, Florida. Resolution 2003-297 Ge This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2003-AR- 4383 Terrance Kepple, of Kepple Engineering Inc., representing JTM Corporate Plaza, Ltd., Antonio and Carmen Briceno, and Velma and Charles 24 $optembor 9-~10, 2003 He Bland, requesting a two-year extension of the Jacaranda Center PUD per LDC Section 2.7.3.4.6. Property is located at the northeast comer of the Golden Gate Parkway and 55th Street S.W. intersection, more particularly described as Lots 28, 29, 30 and 31, Block 219, Golden Gate Subdivision Unit 6, in Section 28, Township 49 south, Range 26 east, Collier County, Florida, consisting of 1.5+ acres. Resolution 2003-298 Adopt a resolution amending the effluent irrigation user rates, which is Schedule Three 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 2003-299 Adopt a resolution amending Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances, as amended, the same being the Collier County Consolidated Impact Fee Ordinances, authorizing a change in methodology for the assessment of non-residential water and wastewater impact fees based on Equivalent Residential Connections (ERC). Resolution 2003-300 Je Adopt a resolution repealing Resolution No. 2003-240 and amending Resolution No. 2002-141 and adopt a resolution confirming the preliminary assessment roll for the Price Street-Barefoot Williams Road Special Assessment District has been prepared as a final roll and adopting same for the purpose of utilizing the ad-valorem tax collection method, Project Number 70077. Resolution 2003-301 and Resolution 2003-301A 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 25 September 9-10, 2003