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Recap 02/10/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 10, 2004 9:00 a.m. Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 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. 2003-53, AS AMENDED, 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 February 10, 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 e A. Pastor Roy Shuck, Faith Community Church AGENDA AND MINUTES o Ao 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 January 7, 2004 - BCC/LDC Special Approved as presented 5/0 C. January 13, 2004 - BCC Regular Approved as presented 5/0 De January 21, 2004 - District 3 Town Hall Meeting Approved as presented 5/0 SERVICE AWARDS 4. PROCLAMATIONS Ao Proclamation to designate the week of February 22-28, 2004 as "Right-to- Know Act." To be accepted by Dan Summers, Director of Collier County 2 February 10, 2004 Emergency Management. Adopted 5/0 Bo Proclamation to declare the month of February as Retinoblastoma Awareness Month. To be accepted by Pam Bergsma. Adopted 5/0 Ce Proclamation to designate the week of February 16-22, 2004 as "Collier County Surveyors Week." To be accepted by David J. Hyatt, P.S.M., Project Manager, Wilson Miller. Adopted 5/0 De Proclamation to designate February 14, 2004 as a day of love, marriage and family. To be accepted by Buddy and Jane Kington. Adopted 5/0 PRESENTATIONS Ae Presentation of contribution from US Home Corporation to the Habitat for Humanity of Collier County. Presented 6o Be Adopt-A-Road "Sponsors of the Year" Presentation. Presented; If interested in sponsorship you may call 239-417-6320 PUBLIC PETITIONS 0 Ae Public Petition request by Mr. John F. Weir to discuss Heron Cove name approval letter. BOARD OF ZONING APPEALS Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4583, Beth Kosmerl and Smart Kaye representing Kaye Homes Inc., requesting Conditional Use 9 of the Estates Zoning District to continue the existing land use as a model home and sales center on 2.85+ acres located at 910 39th Street SW, in Section 14, Township 49 south, Range 26 east, Collier County, Florida. Resolution 2004-48 Adopted w/Stipulations-5/0 3 February 10, 2004 Bm ge This item requires that all participants be sworn in and ex parte disclosure be provided bY Commission members. CU-2003-AR-4995, Mr. Bob Duanc of Hole Montes Inc., representing Christ Community Lutheran School, requests Conditional Use #10 of thc Rural Agricultural District (A) Zoning District for the purpose of a private elementary/middle school. The property to be considered for the conditional use is located at 14785 Collier Boulevard (CR 951), in Section 34, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 9.38 acres. Resolution 2004-49 Adopted w/Stipulation-5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2003-AR-4799, Edward B. Hanf, representing American Dream Builders, Inc., requests Conditional Use #9 of the Estates Zoning District for the purpose of a model home sales center. The property to be considered for the conditional use is located at 4050 13th Avenue SW being located at the southwest comer of 13th Avenue SW and Collier Boulevard (CR 951), which is Unit 26, Tract 119, Golden Gate Estates, in Section 15, Township 49 south, Range 26 east, Collier County, Florida. This property consists of 5 acres. Resolution 2004-50 Adopted-5/0 ADVERTISED PUBLIC HEARINGS Ae Be Request the Board approve an Ordinance to prohibit fishing on designated bridges within Collier County, which Ordinance also (1) directs the County Manager to post appropriate signage; (2) authorizes the County Manager to determine those other County bridges upon which fishing ought to be prohibited; (3) provides for penalties for violation of the Ordinance; (4) directs that the Ordinance be interpreted consisted with F.S. 316.1305, fishing from state road bridges; (5) repeals and supersedes Resolution No. 2002-204, which established a fishing prohibition from Bridge No. 030210; (6) provides for the inclusion in the Collier County Code of Laws and Ordinances; and (7) provides for an effective date. Motion to Deny Approved-4/1 (Commisioner Coyle opposed) This item being continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2002-AR-3411, Robert J. Mulhere, AICP, of RWA, Inc., representing the applicants, Carl M. Nagel, Managing Partner of CDN Properties LLC, and Thomas Craig, Craig Construction and 4 February 1 O, 2004 Co Restoration, Inc., requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development for a project to be known as Nagel-Craig Business Park PUD to allow a maximum of417,000 square feet of business park land uses in buildings not to exceed 42 feet in height for 37.5+ acres of property located on the west side of Collier Boulevard (CR-951) approximately ¼ mile north of Vanderbilt Beach Road, in Section 34, Township 48 south, Range 26 east, Collier County, Florida. This item to be heard at 1:00 p.m. 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 to rezone a 10.45 acre parcel from C-4 to a residential 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. Denied-3/2 (Commissioners Henning and Halas opposed) This item to be heard at 11:00 a.m. Adoption of an ordinance amending Chapter 74 of the Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended) providing for the adoption of a General Government Building Impact Fee with a delayed effective date of March 1, 2004. To be brought back at a future BCC meeting Approved-5/0 5 February 10, 2004 9. BOARD OF COUNTY COMMISSIONERS 10. Ae Be Ce De me Fo Appointment of member to the Collier County Code Enforcement Board. Resolution 2004-51 Adopted-5/0 Appointing Robert E. Dowling Appointment of members to the Parks and Recreation Advisory Board. Resolution 2004- 52 Adopted-5/0 Re-appointing John Macdougall John Ribes Appointment of member to the Immokalee Beautification MSTU Advisory Committee. Resolution 2004-53 Adopted-5/0 Appointing Bernardo Barnhart Appointment of member to the Revenue Commission. Resolution 2004-54 Adopted-5/0 Appointing Mark Grassar Discussion regarding agenda protocol. (Commissioner Henning) Motion for County Attorney to reread and clarify motion being presented- Approved 5/0 Appointment of member to the Collier County Coastal Advisory Committee Resolution 2004-55 Adopted-5/0 Reappointing Ronald M. Pennington COUNTY MANAGER'S REPORT Ae Be Ce Award Bid #04-3617 for evacuation shelter supplies and equipment to Pro- Pac Inc., and approve a budget amendment in the amount of $250,000. (Dan Summers, Director, Emergency Management) Approved 5/0 Approve Change Order # 10, Amendment Four, Contract #98-2829, in the amount of $4,635,152 for the construction of the third floor build-out and the chiller plant expansion of the Naples Jail Addition to Kraft Construction. (Len Price, Administrator, Administrative Services) Approved 5/0 For the Board of County Commissioners to consider a request from the Vanderbilt Beach Beautification M.S.T.U. Advisory Committee to parmer with them in the development of a master plan at a cost of one-half of the total cost of the master plan at an amount not to exceed $40,000. (Norman 6 February 10, 2004 Feder, Administrator, Transportation Services) Motion to continue to 2/24/04 BCC Meeting Approved-5/0 Continued Indefinitely De To review a request to forgive a loan payment from the Collier County Fair Board in the amount of $38,687. (John Dunnuck, Administrator, Public Services). Moved from Item #16E3 me Approve resolution to amend County purchasing policy regarding the retention of expert witnesses and consultants to aid in on-going litigation Resolution 2004-56 Adopted w/Changes-5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS Added A. This item to be heard immediately following 8D: Approval of Interlocal Agreement for Election Services for the City of Naples special election February 17, 2004. Approved-5/0 14. AIRPORT AUTHORITY Ae Be Approve a resolution terminating for convenience a grant to the Airport Authority from the Economic Development Administration for improvements to the Immokalee Airport Infrastructure (Project 33327 in Fund 496). Resolution 2004-57 Adopted-5/0 Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. Approved 5/0 7 February 10,2004 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) 4) A Resolution by the Board of County Commissioners of Collier County, Florida, authorizing acceptance of the Fiscal Year 2003-2004 State of Florida Office on Homelessness Challenge Grant Award, approving execution of Challenge Grant Award, approving execution of Challenge Grant Sub-Recipient Agreement(s) by the County Manager or the Community Development and Environmental Services (CDES) Division Administrator, authorizing acceptance of the Grant Agreement from the Department of Children and Families, and providing for an effective date. Resolution 2004-36 Approve a budget amendment recognizing the Fiscal Year 2003-2004 State Challenge Grant Award in the amount of $82,500 to be passed through 100% to the Collier County Hunger and Homeless Coalition. Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Two." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-37 w/release of maintenance security Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Indigo Lakes Unit Four." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-38 w/release of maintenance security 8 February 10, 2004 Bo 5) 6) 7) 8) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Naples Lakes Country Club Unit Two." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-39 w/release of maintenance security Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of"Brynwood Preserve." The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-40 w/release of maintenance security Request to approve for recording the final plat of "Fiddler's Creek Phase 3, Unit Two," and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the Performance Security. Petition AVESMT2002-AR3244 to disclaim, renounce and vacate the County's and the Public's interest in all of the conservation easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1947, Pages 429 through 436, Public Records of Collier County, Florida, and to accept a relocation conservation easement, located in Section 17, Township 51 south, Range 27 east. Resolution 2004-41 TRANSPORTATION SERVICES 1) 2) Board to waive the recovery of relocation expenses of $6666.67, resulting from the negotiated resignation of Mr. Michael A. Etelamaki, P.E., releasing any right the County may have in reclaiming said relocation expenses, finding that payment of relocation expenses, in this case, is in the best interest of the County. Approve the purchase of 3.185 acres of land of which .771 acres are required for road right-of-way and drainage easements for the Vanderbilt Beach Road Expansion Project. Project No. 63051 (fiscal impact $336,300.00). 9 February 10, 2004 Ce 3) 4) 5) 6) 7) 8) Board approval of Adopt-A-Road Program agreements at the Board of County Commissioners Meeting on February 10, 2004. -w/South Naples Communities Approve the Interlocal Agreement between Collier County and the City of Naples to implement construction inspection and protection procedures during the Golden Gate Parkway Construction Project for the City's 36-inch water main supplying drinking water to over 80% of the City's residents. (Project No. 60027.) Approve selection committee ranking of firms for contract negotiations for RFP 04-3588 "Fixed Term Material Testing Services" (estimated dollar amount of contract not to exceed $500,000 annually per firm). -as detailed in the Executive Summary Request the Board approve a resolution approving a local agency program agreement with the State of Florida Department of Transportation, for the design and construction of sidewalks and bicycle lanes in Everglades City, and authorizing its execution ($208,180). Resolution 2004-42 Approve a resolution to allow the Chairman of the Board of County Commissioners to enter into a Local Agency Agreement (LAP) with the Florida Department of Transportation (FDOT) to provide for roadway lighting along US 41-North Tamiami Trail from Myrtle Road to Pine Ridge Road at a cost of approximately $400,000. Resolution 2004-43 Approve a request from the Collier County Metropolitan Planning Organization to contribute $300 to the Florida Metropolitan Planning Organization Advisory Council for Legislative Advocacy Activities, fiscal impact $300. PUBLIC UTILITIES 1) Approval of an interlocal agreement between the City of Marco Island and Collier County, Florida for provision by the City for wastewater collection and treatment services to the Calusa Island Village 10 February 10, 2004 2) 3) Development. Recommendation to increase Contract #02-3319 for SCWRF berm maintenance to J. P.'s Lawn Care, Inc., to the approximate annual amount of $50,160. Approve right-of-way consent agreement and associated memorandum with Florida Power and Light Company permitting the construction of raw water transmission mains and associated electrical lines within Florida Power and Light Company power-line right-of- way between the South County Regional Water Treatment Plant (SCRWTP) and Rattlesnake Hammock Road (SCRWTP Wellfield Expansion, Project Number 70892). Transaction cost should not exceed $50.00. D. PUBLIC SERVICES Ee 1) Approve a budget amendment recognizing $1520 in revenue from private contributions, and appropriating funds for the purchase of sailboats for the Collier County Sailing Center. ADMINISTRATIVE SERVICES 1) 2) Amend County purchasing policy to establish a comprehensive vendor debarment and suspension policy. Resolution 2004-44 Report and ratify staff approved change orders and changes to work orders to Board approved contracts. Report covers period beginning on or about January 2, 2004 through January 28, 2004. Moved to Item #10E 3) Approve resolution to amend County purchasing policy regarding the retention of expert witnesses and consultants to aid in on-going litigation. 11 February 10, 2004 4) Recommendation to accept staff's short list for architectural services for the new Sheriff's Special Operations Facility ITN #03-3550. -as detailed in the Executive Summary COUNTY MANAGER Continued to 2/24/2004 BCC Meeting 1) Recommendation to award Bid No. 04-3604, a power catamaran boat in the amount of $43,713.50 to Twin Vee, Inc. Fire/Rescue Boat for the Ochopee Fire Control District for the proper fire protection of Club Everglades. 2) Approval of a Budget Amendment Report - BA#04-121 in the amount of $3,626 to outfit new donated fireboat with a pump for firefighting purposes. 3) Board approval of distribution of the Five Cents and Six Cents Local Option Gas Taxes based on the actual transportation expenses incurred during the period from FY98 through FY02. Resolution 2004-45 G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE Jo 1) Miscellaneous items to file 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, W. Harmon Turner Building, 3301 East Tamiami Trail, 2nd Floor, Naples, FL. 12 February 10, 2004 Ko 2) Report covers time period from December 27, 2003 through January 30, 2004 To accept the background information provided to the Clerk of the Circuit Court for a fortuneteller permit and to provide the permit as submitted by the County Manager's Office. Fortune Teller Permit 2004-01 COUNTY ATTORNEY 1) 2) 3) 4) 5) Approve agreed orders and authorize payment of planning fees for Parcels 195, 197, 218, 181,184, 198, 201,202, 21 lA, 214, 174, 170 and 172 in the Immokalee Road Project (Wilson to Collier Boulevard #60018). Payment of $12,500.00 to Roetzel & Andress Trust on behalf of the property owners for planning fees of Morris-DePew Associates, Inc. Approve agreed orders and authorize the payment of appraisal fees in the Lawsuit styled Collier County v. Ismael Gonzales, et al, Case No. 02-2159-CA (Immokalee Road Project #60018). Payment of $4,500.00 to Roetzel & Andress Trust Account on behalf of the property owner for planning fees. Approve agreed order and authorize the payment of planning fees in the Lawsuit styled Collier County v. Lazaro Herrera, et al, Case No. 02-2211-CA (Immokalee Road Project #60018). Payment of $1559.00 to Roetzel & Andress Trust Account on behalf of the property owner for planning fees. Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for International College and to refund currently outstanding bonds previously issued by the Authority. Resolution 2004-46 Approve the stipulated final judgment relative to the acquisition of Parcel 117 in the lawsuit styled Collier County v. The Orchards 13 February 10, 2004 Community Assoc., Inc., et al, Case No. 02-1635-CA (Livingston Road Project #62071). Direct staff to pay $21,700.00 to Respondent, Zorn Vanderbilt, Ltd. 17. SUMMARY AGENDA - TItIS 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. Ae This item continued from 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 AVPLAT2003-AR5000 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the drainage easement located on Tract "F", according to the plat of"Fountainhead Subdivision Replat" as recorded in Plat Book 27, Pages 53 through 54, Public Records of Collier County, Florida, located in Section 5, Township 49 south, Range 26 east. Resolution 2004-47 Be Request Board to repeal Collier County Ordinance No. 2001-76, as amended, which created the Livingston Road Phase II Beautification Municipal Service Taxing Unit (M.S.T.U.). Ordinance 2004-07 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383 14 February 10, 2004