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Recap 01/13/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA January 13, 2004 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. 1 January 13, 2004 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 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 - 5/0 Be December 2, 2003 - BCC Regular Meeting Approved as presented - 5/0 Co December 9, 2003 - BCC/Tourist Development Council Workshop Approved as presented - 5/0 De December 10, 2003 - BCC/Land Development Code Meeting Approved as presented - 5/0 Ee December 16, 2003 - BCC Regular Meeting Approved as presented - 5/0 Fe December 19, 2003 - BCC/AUIR Workshop Approved as presented - 5/0 3. SERVICE AWARDS 2 January 13, 2004 e e e PROCLAMATIONS Ae Be Proclamation to designate the week of January 18-24, 2004 as Purple Martin Week. To be accepted by Jerry Glasson, President of the Purple Martin Society of Collier County. Adopted - 5/0 Proclamation to designate the week of January 25-31, 2004 as Catholic Schools Week in Collier County. To be accepted by Miss Paula Lombardo, Principal, St. Elizabeth Seton Catholic School. Adopted - 5/0 PRESENTATIONS Ae SELECTION OF CHAIRMAN AND VICE CHAIRMAN Commissioner Fiala selected as Chairman and Commissioner Coyle selected as Vice-Chairman - 5/0 Be Presentation of Distinguished Flying Cross to Charles Bishop by Senator Burt L. Saunders. Presented PUBLIC PETITIONS Ae Public Petition request by Mr. Richard Lydon to discuss Master Plan for Vanderbilt Beach Beautification M.S.T.U. To be placed on 2/10/04 Regular Agenda BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte. disclosure be provided by Commission members. Petition number VA- 2003-AR-4768, for an 1.8 foot after-the-fact variance from the required 7.5 feet and 5.7 feet for the existing shed on the north side of the property and a 7.3 foot after-the-fact variance from the side yard setback requirement of 7.5 feet to 0.2 feet for the existing pool and screen enclosure on the south side of the property in the "MH-ACSC/ST" mobile home zoning district with an area of critical state concern/special treatment zoning overlay, on property hereinafter described in Collier County, Florida. Resolution 2004-08 Adopted 4/0 (Commissioner Coyle out) 3 January 13, 2004 Be This item continued from the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4524, James B. Mall,ss, 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 2.6.35 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. Motion to Deny - Approved 5/0 This item requires that all oarticipants be sworn in and ex parte. disclosure be provided by Commission members. YA-2003-AR-4525 for: 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 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. Motion to Deny - Approved 5/0 ADVERTISED PUBLIC HEARINGS BOARD OF COUNTY COMMISSIONERS Be Appointment of members to the Library Advisory Board. Resolution 2004-09 Appointing Loretta Murray and Andrew H. Reiss - Adopted 5/0 Appointment of members to the County Government Productivity Committee. Resolution 2004-10 Appointing Helen C. Philbin and Re-appointing Janet Vasey, Dexter R. Groose, and Joseph B. Swaja - Adopted 5/0 Ce Appointment of members to the Citizens Advisory Task Force. Resolution 2004-11 Re-appointing Ellen Christian Myers, William J. McCarthy, and David M. Corban - Adopted 5/0 4 January13,2004 10. De Ee Fo Appointment of members to the Code Enforcement Board. Resolution 2004-12 Re-appointing Roberta Dusek and Clifford Flegal, Jr. Adopted 5/0 Appointment of members to the Radio Road Beautification MSTU Advisory Committee. Resolution 2004-13 Appointing Betty R. Schudel and Re-appointing Dale L. Lewis - Adopted 5/0 This item to be heard at 10:30 a.m. Intent to motion to obtain Board reconsideration on usage of Federal Aviation Grants. (Commissioner Henning) Motion to reconsider - Adopted 5/0 COUNTY MANAGER'S REPORT Ae This item to be heard at 11:00 a.m. Discussion of access to Eatonwood Lane and Livingston Road from the ttiwasse Property, located at the northwest comer of Livingston Road and Eatonwood Lane, east of Kensington Park PUD, in Section 13, Township 49 south, Range 25 east. (Joseph K. Schmitt, Administrator, Community Development) Staff to initiate a comprehensive plan amendment to remove the requirement that Eatonwood Lane be used by Hiwasse property and an agreement be reached within 15 business days. All associated costs to come from the General Fund. - Approved 5/0; Motion on agreement of previous motion clarification - Approved 5/0 Be Ce This item to be heard immediately following 10E._ Receive an update and provide input for the County Road 951 Project Development and Environment (PD&E) Study, from Immokalee Road to Alico Road in Collier and Lee Counties. (Norman Feder, Administrator, Transportation Services) Consensus Alternative road impact fee calculation for Shelton Jaguar/Land Rover dealership replacement facility. (Norman Feder, Administrator, Transportation Services) Motion to Continue - Approved 5/0 5 January 13, 2004 De Adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-of-way, drainage and/or utility easements, which will be required for the construction of roadway, drainage and utility improvements for the Golden Gate Parkway/Airport- Pulling road Grade Separated Overpass Project (Project No. 60006). Fiscal impact: $4,500,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2004-14 Adopted w/Stipulations- 5/0 Continued E. This item to be heard at 1:00 p.m. Authorize the expenditure of budgeted funds for the development of Best t~'riend Park. (John Dunnuck, Administrator, Public Services) Continued to January 27, 2004 F. To approve the purchase of a 50-acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway for the purpose of providing for drainage improvements, transportation improvements and environmental protection. (Fiscal impact: Up to $20,000,000) Moved from Item #16C6 G. Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Application, a Budget Amendment, and an Engineering Services Work Order to seek modification to the Florida Department of Environmental Protection Permit for maintenance dredging of Wiggins Pass, Project 90522, in the amount of $15,000. Motion to Approve- 5/0 Moved from Item #16E4 H. Approval of a resolution granting limited settlement authority to the Risk Management Director under the County's Property, Casualty, and Workers' Compensation Insurance Programs Resolution 2004-15 - Adopted w/Stipulations 5/0 Moved from Item #16C2 I. Approve a Budget Amendment from Solid Waste Operations to Solid Waste Capital Projects to design four recycling and hazardous waste collection centers, Project 59003, in the amount of $375,500. 6 January 13, 2004 11. 12. Approved- 5/0 PUBLIC COMMENTS ON GENERAL TOPICS Dr. Seiwyn Mills & Dr. Amber Rose Mills representing Living Love in Action, Inc. supporting a proposal to make Naples the "Romance Capital of Florida". The Board of County Commissioners will present a Proclamation in support of Valentines Day festivities at a future meeting. COUNTY ATTORNEY'S REPORT Added A. Recommendation that the Board consider and reject Aquaport Plantiffs'attempt to alter terms of the settlement agreement between Aquaport Plantiffs and individual Commissioner defendants after the fact, at least to the extent County funds are at issue. (staff request) Recommendation to approve staff's request - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. 15. AIRPORT AUTHORITY STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Two day meeting in March B. Collier County Airports correspondence C. Season irrigation restriction reminder D. Lely South Sewer construction E. Commissioner Henning's 2003 highlights of BCC F. Mercantile/Arnold Industrial area G. Immokalee Airport H. Congratulations to Commissioner Henning as Chairman for the past year. 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 7 January 13, 2004 Ae COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Withdrawn 1) 2) 3) 4) 5) 6) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Habitat Village", the roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. BOARD OF COUNTY COMMISSIONERS ACTING AS THE COMMUNITY REDEVELOPMENT AGENCY. To approve the change of the designated payee for previously approved out of pocket expenditures related to the Bayshore Christmas Walk Art Festival. Designated payee changed from Nancy Hannigan to Donna Fiala. $2,000 was previously designated from fund 187. Petition AVESMT2003-AR4693 to vacate, renounce and disclaim the easement for public road right of way recorded by separate instrument in the Public Records of Collier County, Florida. Located in Section 35, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2004-01 Petition CARNY-2003-AR-5175, John Yonkosky, Treasurer, Collier County Fair and Exposition, Inc,. requesting a permit to conduct a fair from January 30 through February 8, 2004, at the Collier County Fair Grounds on Immokalee Road (CR 846), North Golden Gate Estates. CP 2004-01 Request to approve for recording the final plat of"Sabal Bay Commercial Plat Phase Two" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Project cost of $826,457,15 (estimated) to be borne by the developer. Request to approve for recording the final plat of"Delasol Phase Three", 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. Project cost of $632,286.67 (estimated) to be borne by the 8 January13,2004 Be developer. TRANSPORTATION SERVICES 1) Recommendation to award Bid No. 04-3591 - "Furnish and Deliver Five (5) Crew Cab Flat Bed Dump Trucks" to Wallace International in the amount of $279,950. 2) Approve the transfer by deed of a portion of property owned by the Collier County Water-Sewer District ("District") to Collier County, a political subdivision of the State of Florida ("County"), and approve reimbursement to district in an amount equal to the pro-rated purchase price paid for the property by district for the construction of a six-lane section of Vanderbilt Beach Road (Project No. 63051). Estimated fiscal impact: $12,381. 3) Adopt a resolution authorizing the acquisition by gift or purchase of perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary construction easements, which will be required for the installation of signal system mast arm assemblies and control boxes at intersections at SR 29 and Immokalee Drive, at SR 29 and 1 st Street in Immokalee, and at the intersection of Golden Gate Parkway and Tropicana Boulevard. Estimated fiscal impact: $5,100. Resolution 2004-02 4) Approve modification to correct a Scrivener's Error to Contract Amendment No. 1 with Apac-Southeast, Inc., regarding Immokalee Road Improvement Project; Project No. 60018 (no fiscal impact). 5) 6) Approve selection committee ranking of firms for contract negotiations for RFP #04-3587 "Engineering and Design Services for Roadway and Capacity Improvements to County Barn Road from County Road 864 to State Road 84", County Project No. 60101. American Consulting Engineers of Florida, LLC, Pitman- Hartenstein and Associates, Inc. and URS Corporation Approve Work Order Amendment No. 1 for a decrease of $33,924 to the contract for consulting engineering and inspection services by KCCS for the Davis Boulevard and Collier Boulevard Intersection 9 January 13, 2004 Ce Improvements, Project No. 60170. PUBLIC UTILITIES 1) Approve two easements to be deeded to Florida Power and Light Company to provide new electric power service to the North County Water Reclamation Facility, Projects 739501 and 739502, at no cost. Moved to Item #10I 2) Approve a Budget Amendment from Solid Waste Operations to Solid Waste Capital Projects to design four recycling and hazardous waste collection centers, Project 59003, in the amount of $375,500. 4) 5) 3) Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services, for Coastal Zone Management Projects, with Taylor Engineering for Caxambas Pass dredging and South Marco Island beach renourishment, Project 90500, in an amount not to exceed $206,000. Authorization to participate in a demonstration project with the National Biosolids Partnership and approve a Letter of Understanding between the Collier County Wastewater Department and the National Biosolids Parmership at no cost to the county. Approve Work Order ME-FT-04-02 with Metcalf and Eddy for professional engineering services for the North County Regional Water Treatment Plant Emergency Generator Switchgear Upgrades Project, Contract 00-3119, in the amount of $247,438, Project 70069. Moved to Item # 10G 6) Approve a Tourist Development Category "A" Beach Renourishment/Maintenance Grant Application, a Budget Amendment, and an Engineering Services Work Order to seek modification to the Florida Department of Environmental Protection Permit for maintenance dredging of Wiggins Pass, Project 90522, in the amount of $15,000. 7) Adopt a resolution approving a policy governing the sale of reclaimed water to the Unincorporated Area of Collier County. Resolution 2004-03 10 January 13, 2004 De te PUBLIC SERVICES 1) Approve an amendment to an agreement with Stock Development, LLC, for the installation of upgraded sports field lighting at Eagle Lakes Community Park at no cost to Collier County. 2) Approve Work Order #SC-02-57, Contract 02-3349, in the amount of $77,247 to Surety Construction, General Contractors, for the construction of a screen porch addition at the Marco Island Library. ADMINISTRATIVE SERVICES 1) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of December 13, 2003, resulting in $9,482.90 in net revenues. 2) Recommendation to award RFP No. 03-3568, County-Wide Exotic Vegetation Removal (estimated value $500,000.00). -to Earth Balance, DeAngelo Bros., Aquatic Weed Control, NaturChem, and Floraquatics 3) Approve and authorize the execution of a temporary lease agreement with Sarasota County and pay for office services not to exceed $3,000. The office space will be occupied for a two-month period by the Special Prosecutor of the State Attorney's Office during the proceedings of State of Florida v. John Calhoun Norris and Robert Paul Hardy in Sarasota County, Florida. Moved to Item #10H 4) Approval of a resolution granting limited settlement authority to the Risk Management Director under the County's Property, Casualty, and Workers' Compensation Insurance Programs. 5) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. -Period beginning on or about December 1, 2003 through December 31, 2003 11 January 13, 2004 Fe 6) Go Hm 7) Authorization to add two position classification titles to the Fiscal Year 04 Pay and Classification Plan. This internal reorganization will save the County an estimated $75,947.00. Award a contract to Schenkel and Shultz, Inc., for architectural services for the Naples Jail Center, revised Contract Number 98-2867- 2004, in the amount not to exceed $845,510.00. COUNTY MANAGER 1) Approval of Budget Amendment Report - BA #04-080 in the amount of $8,415 for unanticipated renovation expenses for the main house at Robert's Ranch. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 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, Collier County Government Center, 2nd Floor, W. Harmon Turner Building, Naples, FL. -For the period December 6, 2003 through December 26, 2003 COUNTY ATTORNEY 1) Authorize the payment of planning fees in the Lawsuit styled Collier County v. G JR of Naples Inc., et al, Case No. 02-2212-CA (Immokalee Road Project #60018). -Payment of $923.39 to Goodlette, Coleman & Johnson Trust Account on behalf of the property owner 12 January13,2004 17. 2) Approve the agreed order awarding attorney fees relative to the easement acquisitions of Parcels 114, 115 and 116 in the lawsuit styled Collier County v. Centex Homes, et al, Case No. 02-1602-CA (Goodlette-Frank Road Project No. 60134. -Payment of $3000.00 to Michael R. Whitt, Esquire 3) Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the acquisition of Parcel 129 in the lawsuit styled Collier County v. James R. Colosimo, Trustee, et al, Case No. 00-0138-CA (Pine Ridge Road, Project No. 60111). -As detailed in the Executive Summary 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. A. Petition RZ-2003-AR-4080, Hibiscus Church, requesting a rezone from "GC" Golf Course to "CF" Community Facility for a church for property located at the intersection of Rattlesnake Hammock Road and Doral Circle, in Section 19, Township 50 south, Range 26 east, Collier County, Florida. Ordinance 2004-02 B. This item re uires that all artici ants be sworn in and ex arte disclosure be rovided b Commission members. CUR-2003-AR-3776 request by William L. McDaniel for a conditional use re-review of CU-98- 13 January 13, 2004 C® Ee 12 for property located at 4125 Oil Well Road (CR 858), further described as Section 16, Township 48 south, Range 28 east, Collier County, Florida. Resolution 2004-04 disclosure be rovided b Commission members. Petition AVPLAT2003-AR4700 to disclaim, renounce and vacate the county's and the public' s interest in a portion of the 15 foot wide county utility easement located in Tract "D", according to the plat of"Riverchase Shopping Center" as recorded in Plat Book 18, Pages 19 through 20, Public Records of Collier County, Florida. Located in Section 22, Township 48 south, Range 25 east. Resolution 2004-05 A Resolution by the Board of County Commissioners of Collier County, Florida, requesting the Department of Community Affairs (DCA) to extend the termination date of the County's CDBG Award Agreement for a Community Development Block Grant under the Economic Development category that provided for a portion of the construction of the Manufacturing Facility II at the Immokalee Regional Airport Industrial Park. Resolution 2004-06 disclosure be rovided b Commission members. PE-2003-AR-4261, Doug Schroeder, Executive Director of the Cocohatchee Nature Center, requesting a parking exemption to allow off-site parking via a shared parking agreement, pursuant to LDC §2.3.4.1.2.C., between the Cocohatchee Nature Center and the Pewter Mug. Access between the properties will be via a proposed pedestrian walkway under the U.S. 41 Bridge over the Cocohatchee River. The Cocohatchee Nature Center is located at 12345 Tamiami Trail North, in Section 21, Township 48 south, Range 25 east, Collier County, Florida. Resolution 2004-07 18. ADJOURN BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. January 15, 2004