Recap 12/02/2003 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
December 2, 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.
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December 2, 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
2. AGENDA AND MINUTES
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Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted with changes - 5/0
October 28, 2003 - Board of County Commissioners Regular Meeting
Approved as presented - 5/0
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October 29, 2003 - Value Adjustment Board Regular Meeting
Approved as presented - 5/0
SERVICE AWARDS
4. PROCLAMATIONS
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Proclamation to designate the week of December 1, 2003 as Human Rights
Week in Collier County. To be accepted by Barbara Pedone, Public
Information Coordinator.
Adopted - 5/0
Proclamation to recognize Stuart Perry for his for his contributions to Voter
Empowerment. To be accepted by Stuart Perry.
Adopted - 5/0
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December 2, 2003
5. PRESENTATIONS
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Presentation by Representative J. Dudley Goodlette, Florida House District
76, in recognition of the historic significance of Roberts Ranch and its
official listing by the U.S. Department of the Interior on the National
Register of Historic Places.
Presented
6. PUBLIC PETITIONS
Continued to 12/16/03
A. Public Petition request by Mr. Charles H. Gunther regarding the removal of
the Gateway Triangle from the Community Redevelopment Agency.
Be
Public Petition request by Mr. Timothy R. Parry regarding Greater Collier
Regional Medical Center.
To be placed on 12/16/03 Regular Agenda
Moved to Item #9A
C. Public Petition request by Mr. Michael Fernandez to discuss Nicaea
Academy PUD-AR-2607. Request for reconsideration of conditions
approval.
Public Petition request by George Frye to discuss Naples Airport Authority
Stage 2 ban efforts.
No Action taken
7. BOARD OF ZONING APPEALS
To be Continued
A. ADA-2003-AR-4351 Antl~ony P. Pires, Jr., of Woodward, Pires and
Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal
to interpretation AR-4119 by Virtue of Division 1.6 and Sections
2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development
Code (LDC), for replacement of a mobile home in the "A" Agricultural
Zoning District for property located at 6266 Adkins Avenue in Section 12,
Township 49 south, Range 25 east, Collier County, Florida.
Item continued from the November 18~ 2003 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
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December 2, 2003
provided by Commission members. CU-2003-AR-4524, James B.
Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle
Towers, Inc., requests Conditional Use # 13 of the "A" Rural Agricultural
Zoning District for the purpose of a 700-foot guyed communications tower
per Section 2.6.34 of the Collier County Land Development Code. The
property to be considered for the conditional use is located in Section 3,
Township 51 south, Range 26 east, Collier County, Florida. This property
consists of 14.55+ acres.
Continued to January 13, 2004 - Approved - 5/0
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Item continued from the November 18, 2003 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. VA-2003-AR-4525, James B. Malless
AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers,
Inc., requests a variance of 690 feet from the minimum separation
requirement from residential zoning of 1,750 feet to 1,060 feet; a variance of
450 feet from the required maximum height limitation of 250 feet to 700 feet
for towers in an agricultural zoning district; and a variance of 6 feet from the
required 30-foot side yard setback to 24 feet for a single guy anchor point in
an agricultural zoning district on property hereinafter described in Collier
County, Florida.
Continued to January 13, 2004 - Approved - 5/0
Moved from Item #17A
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Request by William L.
McDaniel for a Conditional Use re-review of CU-00-11, Longan Lakes
Excavation, for property located at 7000 Big Island Ranch Road, further
described as Section 25, Township 47 south, Range 25 east, Collier County,
Florida
Resolution 2003-429 Adopted - 5/0
8. ADVERTISED PUBLIC HEARINGS
Item to be continued to the January 27, 2004 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-2002-AR-3158, Robert J.
Mulhere, AICP, of RWA Inc., and Richard D. Yovanovich, Esquire, of
Goodlette, Coleman and Johnson, representing Eco Venture Wiggins Pass
Ltd., requesting a rezone from 10.45 acre parcel from C-4 to a residential
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December 2, 2003
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Planned Unit Development to be known as "Coconilla" PUD to allow for: A
maximum of 95 residential units on +/- 10.02 acres of developable area for a
resulting density of 9.5 dwelling units per acre, specifically including a
residential tower at a building height not to exceed 21 stories over parking
(maximum of 225 feet above the required flood elevation and in accordance
with the provisions of Section 2.6.3.1 of the Collier County LDC), town
home units, and a marina basin with 52 boat slips and customary accessory
uses, including a publicly accessible ship's store and marine fueling station
of approximately 5000 square feet of commercial space; and, a +/- 0.80 acre
public use tract providing for additional public vehicle and boat trailer
parking to provide: Support for Cocohatchee River Park, access to the
marina ship's store, and egress to Vanderbilt Drive for park patrons to allow
for safe egress via a protected northbound turning movement at existing
traffic signal at Wiggins Pass Road and Vanderbilt Drive for property
located on Vanderbilt Drive, at the western terminus of Wiggins Pass Road
in Section 17, Township 48 south, Range 25 east.
Item continued to the January 27~ 2004 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition PUDZ-03-AR-4008, C.
Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A.,
representing Waterside Shops at Pelican Bay Trust and WCI Communities,
Inc., requesting a rezone from "PUD" to "PUD" (Planned Unit
Development) for the purpose of revising the PUD document to relocate
170,343 square feet of approved, but not yet constructed and uncommitted
commercial use from the north commercial area to the south commercial
area, reduce the approved maximum number residential dwellings by 800
units to a new maximum of 7,800 residential dwelling units for property
located at the northwest quadrant of the intersection of Tamiami Trail (US
41) and Seagate Drive in Sections 32 and 33, Township 48 south, Range 25
east, and Sections 4, 5, 8 and 9, Township 49 south, Range 25 east, Collier
County, Florida.
Item continued to the January 27~ 2004 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition DOA-03-AR-4777, C.
Laurence Keesey, of Young, Van Assenderp, Varnadoe and Anderson, P.A.,
representing Waterside Shops at Pelican Bay Trust and WCI Communities,
Inc., requesting an amendment to the Pelican Bay Development of Regional
Impact (DRI), to relocate 170,343 square feet of approved, but not yet
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December 2, 2003
constructed and uncommitted commercial use from the north commercial
area to the south commercial area, reduce the approved maximum number
residential dwellings by 800 units to a new maximum of 7,800 residential
dwelling units for property located at the northwest quadrant of the
intersection of Tamiami Trail (US 41) and Seagate Drive in Sections 32 and
33, Township 48 south, Range 25 east, and Sections 4, 5, 8, and 9, Township
49 south, Range 25 east, Collier County, Florida.
BOARD OF COUNTY COMMISSIONERS
Moved from Item #6C
A. Public Petition request by Mr. Michael Fernandez to discuss Nicaea
Academy PUD-AR-2607. Request for reconsideration of conditions
approval
Denied - 5/0
10. COUNTY MANAGER'S REPORT
Continued to BCC 12/16/03
A. Approve a Tourist Development Tax Category "A" Funding Policy for
beach renourishment and beach park facilities. (Jim DeLony, Administrator,
Public Utilities Division)
Review staff recommendations for further assessment of alternative
administration of the Collier County Airport Authority and ordinance
revisions and provide direction. (Winona Stone, Assistant to the County
Manager)
Approved w/stipulations - 5/0
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Item continued to the December 16~ 2003 BCC Meeting. Provide
information to the Board of County Commissioners on hours of operation
for construction activities including excavating operations. (Joseph K.
Schmitt, Administrator, Community Development)
Time certain 1:00 P.M.
D. Approve a resolution to authorize the Collier Mosquito Control District to
expand boundaries further into the Golden Gate Estates. (John Dunnuck,
Administrator, Public Services Division)
Resolution 2003-430 Adopted - 4/0 (Commissioner Coyle out)
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December 2, 2003
Moved from Item #16A2
E. Approval of a resolution to adopt a policy for the approval of funds for
payment or reimbursement of travel expenses for official tourism business.
Resolution 2003-431 Adopted w/changes - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13.
14.
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Approval of settlement agreement and mutual release involving litigation in
Collier County v. Naples Geriatric Properties, LLC AKA Summer House
Case No. 03-229-CA in the Circuit Court of the Twentieth Judicial Court.
Approved - 5/0
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Approval of Settlement Agreement and Mutual Release between Collier
County and Colleen Macort and Access Now, Inc., in reference to Case No.
2:03-cv-109-FTM-29SPC that is now pending in the United States District
Court for the Middle District of Florida, Fort Myers Division.
Approved - 5/0
OTHER CONSTITUTIONAL OFFICERS
AIRPORT AUTHORITY
15.
STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Public Vehicle Ordinance Update - to be presented at 1st Mtg. in January
B. Updated Ethics Ordinance - to be presented at lst Mtg. in January
C. Fleishmann Property (Negotiation period expires 1/19/04); County
Manager to work w/Clerk's Office for Short-term Commercial Paper (5yr)
D. Agreement w/NCH Update - to be brought to the December 16th Mtg.
E. Goodland District
F. Snowfest
G. Davis & Airport Road Intersection Evaluation
H. Florida Association of Counties - recognizing needs of smaller counties
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
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December 2, 2003
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)
Proposed budget amendment to allow a net transfer of $3,652,700
from Community Development and Environmental Fund 113
Reserves to the Fund 113 Software System Replacement Project.
Moved to Item #10E
2) Approval of a resolution to adopt a policy for the approval of funds
for payment or reimbursement of travel expenses for official tourism
business.
3)
Proposed amendment to Resolution 2003-340 which established a fee
schedule of development related review and processing fees as
provided for in Division 1.10 of the Collier County Land
Development Code.
Resolution 2003-418
4)
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of "Indian Wells Golf
Villas". The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2003-419
5)
6)
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of"Ventura, Phase
One". The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
Collier County.
Resolution 2003-420
Request to grant final approval of the roadway (private), drainage,
water and sewer improvements for the final plat of"Ventura, Phase
Two". The roadway and drainage improvements will be privately
maintained, the water and sewer improvements will be maintained by
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December 2, 2003
7)
8)
9)
10)
Collier County.
Resolution 2003-421
Request to approve for recording the final plat of "Chase Preserve
First Replat", 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 "Summit Place in
Naples, Phase I", and approval of the Standard Form Construction and
Maintenance Agreement and approval of the amount of the
Performance Security.
W/Stipulations
Approve an agreement to accept a 100% reimbursable artificial reef-
monitoring grant in the amount of $3,500 from the Florida Fish and
Wildlife Conservation Commission.
Petition CARNY-2003-AR-5043, Peg Ruby, Special Events
Coordinator, Collier County Parks and Recreation, requesting a permit
to conduct the Annual "Snowfest" Carnival on December 6 and 7,
2003, at the Golden Gate Community Park located at 3300 Santa
Barbara Boulevard.
CP 2003-07
11)
Petition CARNY-2003-AR-5058, Sandra Ramos, Program Leader,
Collier County Parks and Recreation, requesting a permit to conduct
the l0th Annual "Christmas Around The World" Carnival on
December 13, 2003, at the Immokalee Sports Complex located at 505
Escambia Street.
CP 2003-08
12) BOARD OF COUNTY COMMISSIONERS ACTING AS
COMMUNITY REDEVELOPMENT AGENCY. Approve the
rescinding of the $329,046 Community Development Block Grant
(CDBG) funding that was to be used for Stormwater Management and
Infrastructure Project on Linwood Avenue within the
Bayshore/Gateway Triangle Redevelopment Area, the termination of
the CDBG Agreement due to inability to meet the grant deadline for
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December 2, 2003
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the expenditure of funds, and the attached resolution.
Resolution 2003-422
TRANSPORTATION SERVICES
1)
2)
Recommendation to award Bid #03-3572 - "Bayshore Bridge
Beautification Project Phase 2" to Thomas Marine Construction Inc.,
in the amount of $297,400 and authorize any budget amendments
required.
Approve a budget amendment to reallocate funding for the Rural
Safety Refuge Shelters Project that was approved in FY03 in the
amount of $135,125.
3)
4)
Board approval of Adopt-A-Road Program agreements at the Board of
County Commissioners meeting on December 2, 2003.
Board approval to reject bids received under Bid #03-3512 "Real
Estate Appraisal Services", and approve continuation of services for
real estate appraising under RFP #01-3204.
PUBLIC UTILITIES
1)
Adopt a Resolution approving the Satisfaction of Lien for a Solid
Waste Residential Account wherein the County has received payment
and said lien is Satisfied in Full for the 1991 Solid Waste Collection
and Disposal Services Special Assessment. Fiscal Impact is $12.00 to
record lien.
Resolution 2003-423
2)
Adopt a Resolution approving the Satisfaction of Lien for a Solid
Waste Residential Account wherein the County has received payment
and said lien is Satisfied in Full for the 1992 Solid Waste Collection
and Disposal Services Special Assessment. Fiscal impact is $12.00 to
record lien.
Resolution 2003-424
3)
Adopt a Resolution approving the Satisfaction of Lien for a Solid
Waste Residential Account wherein the County has received payment
and said lien is Satisfied in Full for the 1994 Solid Waste Collection
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December 2, 2003
4)
5)
and Disposal Services Special Assessment. Fiscal impact is $12.00 to
record lien.
Resolution 2003-425
Adopt a Resolution approving the Satisfactions of Lien 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 $22.50 to record the liens.
Resolution 2003-426
Authorization to execute and record Satisfactions for certain water
and/or sewer impact fee payment agreements. Fiscal impact is $22.50
to record the Satisfactions.
6)
7)
Recommendation to award Bid #04-3573 - "Annual Contract for
Emergency and Scheduled Sewage Hauling" to Southern Sanitation
Inc., in the estimated amount of $150,000.
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 $66.00 to record the liens.
D. PUBLIC SERVICES
1)
2)
Recommendation to direct the County Attorney to draft an ordinance
to create an Animal Services Advisory Board.
Approve budget amendments totaling $34,016 to move United Way 4-
H Foundation Grant Funding from the General Fund to the
Miscellaneous Grants Fund.
3)
Authorize the Chairman to sign two State of Florida Emergency
Medical Services Matching Grant Applications in the amount of
$77,171.10.
E. ADMINISTRATIVE SERVICES
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December 2, 2003
1)
Approve to purchase vehicles and equipment from Bid #03-11-0825
and Bid #03-04-0828 as coordinated by the Florida Sheriff's
Association, the Florida Association of Counties, and the Florida Fire
Chief' s Association.
-At a cost of $30,407.00
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2)
Recommendation to award RFP No. 03-3551, a contract for cellular
communications services and equipment (estimated value $280,000).
COUNTY MANAGER
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1)
Commissioner Coletta's request for approval for payment to attend
Pre-Legislative Delegation Luncheon.
-Tiburon Golf Club on November 25, 2003; $35.00
2)
Commissioner Henning's request for approval for payment to attend
Pre-Legislative Delegation Luncheon.
-Tiburon Golf Club on November 25, 2003; $25.00
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1)
2)
Approve the stipulated final judgment relative to the acquisition of
Parcel 174 in the lawsuit styled Collier County v. Michael S. Combs,
et al, Immokalee Road Project No. 60018.
-as detailed in the Executive Summary
Approve termination of agreement between AEC National Inc., and
Collier County (Contract No. 98-2867 Design Professional Services
Agreement-Naples Jail Center) and declare a valid public emergency
and waive the competitive selection process for retention of
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December 2, 2003
17.
replacement consultants.
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.
Moved to Item #7D
A. This item requires that all participants be sworn in and ex part.
disclosure be provided by Commission members. Request by William L.
McDaniel for a Conditional Use re-review of CU-00-11, Longan Lakes
Excavation, for property located at 7000 Big Island Ranch Road, further
described as Section 25, Township 47 south, Range 25 east, Collier County,
Florida.
Be
Item continued from the November 18~ 2003 BCC Meeting. This item
requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. CU-2003-AR-3906 St. Paul's
Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in
the "A" Rural Agricultural with Mobile Home Overlay (A-MHO) Zoning
District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a
child day care center and an assisted living facility on 8.3+ acres located on
the west side of River Road, abutting the south side of Immokalee Road in
Section 30, Township 48 south, Range 27 east, Collier County, Flohda.
Resolution 2003-427
This item requires that all participants be sworn in and ex part.
disclosure be provided by Commission members. Petition DOA-2003-
AR-3911, William R. Vines of Vines and Associates, requesting an
amendment to the Tollgate Commercial Center, a Development of Regional
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December 2, 2003
Impact (DRI) in order to extend the life of the development order from
December 30, 2002 to December 29, 2007, for property located in the
southeast quadrant of 1-75 and Collier Boulevard, further described as
Tollgate Commercial Center, in Section 35, Township 49, Range 26 east,
Collier County, Florida.
Development Order 2003-03/Resolution 2003-428
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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December 2, 2003