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Recap 03/09-10/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA March 9-10, 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 March 9-10, 2004 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. Commissioners will be attending the Know Your County Government Teen Citizenship Luncheon from 12:15 to l:lS p. m. located at the East Naples Methodist Church 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tim Navin, St. Peter the Apostle Catholic Church 2. AGENDA AND MINUTES Am Be Fe Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes -5/0 February 10, 2004- BCC Regular Approved as presented - 5/0 February 11, 2004 - BCC/LDC Meeting Approved as presented - 5/0 February 17, 2004 - Tri-County Meeting Approved as presented - 5/0 February 18, 2004 - BCC/District 2 Town Hall Meeting Approved as presented - 5/0 February 25, 2004 - BCC/Everglades City Workshop Approved as presented - 5/0 SERVICE AWARDS 2 March 9-10, 2004 4. PROCLAMATIONS Ae Be Ce Proclamation to recognize the Week of March 7-13, 2004 as Know Your County Government Week. To be accepted by Cody Martin, Student at Naples High School and Jose Nunez, Student at St. John Neumann. Adopted 5/0 Proclamation to designate the week of March 8-13, 2004 as Habitat for Humanity's Build a Better Future Week. To be accepted by Dr. and Mrs. Sam Durso. Adopted 5/0 Proclamation to recognize the month of March 2004 as Invasive Exotic's Control Week. To be accepted by Melissa Hennig, Environmental Specialist for Collier County. Adopted 5/0 Proclamation to honor the County's achievement, the 500th AED from EMS to be dedicated to the W. Harmon Turner Building in the Collier County Government Complex, the symbolic location of where the program began. To be accepted by Noemi Diaz, Captain of Emergency Medical Services for Collier County. Adopted 5/0 PRESENTATIONS 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS This item to be heard at 9:00 a.m. on March 10, 2004. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2004-AR-5218 Pelican Bay Foundation Inc., represented by Robert D. Pritt of Roetzel and Andress, requesting an appeal to official interpretation INTP-2003-AR-4307 relating to the approval of SDPA-2001-AR-412 for the Cap D'Antibes Condominium Project, Waterpark Place, within the Pelican Bay DRI/PUD. This appeal is pursuant to Collier County Land Development Code (LDC) Section 1.6.6. 3 March 9-10, 2004 Motion to Deny- 2/2 (Commissioners Halas & Coyle opposed and Commissioner Fiala absent) Motion to Approve- 2/2 (Commissioner Henning and Coletta opposed and Commissioner Fiala absent) This item to be heard after Item 7A on March 10T 2004. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. ADA-2003-AR-4933, Michael J. Volpe of Robins, Kaplan, Miller and Ciresi, LLP, representing Pelican Bay Property Owners Association, requesting an appeal to official interpretation INTP-2003-AR-4306 relative to the approval of SDPA-2001-AR-412, Waterpark Place at Pelican Bay Dissmissed 4/1 (Commissioner Halas opposed) ADVERTISED PUBLIC HEARINGS Ae 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 April 1, 2004. Ordinance 2004-16 Adopted 3/2 on a graduated basis of three years (75% first year, 85% second year, and 100% thereafter) and to include indexing (Commissioners Henning and Coyle opposed) Moved from Item #17B Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-03- AR-4528, Robert Duane of Hole Montes, Inc., representing Kevin Ratterree of GLH Development, L.L.L.P., requesting a rezone from "PUD" to a "PUD" Planned Unit Development to be known as the Terafina PUD. The purpose is to eliminate the golf course tracts, reconfigure the land use tracts, updating the Transportation commitments, revise the development standards and to provide for well fields and additional landscaping for property located approximately one mile north of Immokalee Road (C.R. 846) and on the north side of the Olde Cypress PUD in Section 16, Township 48S, Range 26E and consisting of 637 acres. Ordinance 2004-15 Adopted 5/0 w/stipulations 4 March 9-10, 2004 9. BOARD OF COUNTY COMMISSIONERS 10. Ae Bm Ce De Fe Appointment of members to the Collier County Coastal Advisory Committee. Resolution 2004-69 appointing Graham Ginsberg-Adopted (3/2) (Commissioners Coyle and Fiala opposed ) and John Sorey III- Adopted (S/0) Appointment of member to the Tourist Development Council. Resolution 2004-70 Adopted 5/0 appointing John F. Sorey Discussion regarding FPL Preferred Transmission Line Alignment. (Commissioner Fiala and Joe Schmitt) Staff to prepare a Resolution to be brought back on the March 23, 2004 Agenda- Approved 4/1 (Commissioner Coletta opposed) Discussion regarding FEMA Update. (Commissioner Coletta) Approved Staff recommendations- 5/0 Discussion regarding Aquaculture Use Zone in Collier County. (Commissioner Coletta) Direct chair to write letter expressing Board's recommendation of Alternative One. Item continued from the February 24, 2004 BCC Meeting and is further continued to the March 23, 2004 BCC Meeting. Approve a Resolution supporting the preservation of the State Transportation Trust Fund. (Norman Feder, Transportation Services Administrator) COUNTY MANAGER'S REPORT Ae This item to be heard at 1:30 p.m. Review the written and oral reports of the advisory boards and committees scheduled for review in 2004 in accordance with Ordinance No. 2001-55, including the Citizens Advisory Task Force, Collier County Code Enforcement Board, Contractors Licensing Board, Golden Gate Parkway Beautification Advisory Committee, Immokalee Beautification Advisory Committee, Isles of Capri Fire Control District Advisory Board, Parks and Recreation Advisory Board, and Collier 5 March 9-10, 2004 Be Ce Added D. County Water and Wastewater (Utility) Authority. (Winona Stone, Assistant to the County Manager) Presented; consolidate ordinances under CEB to one; chairmen to write letters to each chairperson of listed advisory board Approve a three-year collective bargaining agreement with the International Association of Firefighters Local 1826 (Emergency Medical Services Union). (John Dunnuck, Public Services Administrator) Approved with changes 5/0 Request for County sponsorship for US Military appearances during July 2- 5, 2004. (John Dunnuck, Public Services Administrator) Approved 5/0 Award Work Order PBS-02-35 in the amount of $66,264 to Professional Building Systems, Inc. for repairs to Cocohatchee River Park South Docks. Contract Number 02-3349. Awarded 5/0 Moved from Item #16C7 E. Approve a Work Order under Contract #01-3271, fixed term professional engineering services for coastal zone management projects, with Coastal Planning & Engineering for a public information program, Phase 2, for the County/City of Naples major beach renourishment, Project 90527, in an amount not to exceed $47,870. Approved 4/1 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Keith Reed and Donohue Silvis regarding the Santa Barbara Road Project. 12. COUNTY ATTORNEY'S REPORT Ae Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners consider authorizing the Office of the County Attorney to select and retain outside counsel to represent two (2) individual County employees sued in Dwight E. Brock v. Board of County Commissioners, Linda T. Swisher, and Paul W. Wilson, Case No. 04-941- CA, Twentieth Judicial Circuit in and for Collier County, and waive the March 9-10, 2004 13. purchasing policy to the extent it applies to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy. County Attorney to provide legal representation subject to conduct of immediate audit by county staff or preferably outside accounting firm - Approved 5/0. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Ae De me Fa Commissioner Fiala re listed species in the Glitch cycle - To be put on the next agenda - 5/0 Closed Session regarding HealthCare a/k/a Merrill Gardens and settlement negotiations on Aquaport to be put on next agenda if necessary. Item 7B and then 7A to be heard on March 10, 2004 at 9:00 A.M. regarding Cap D'Antibes March 19 & 20, 2004 Best Buy Collection Activities from 10 a.m. to 5 p.m. to turn in all unwanted computers, printers, phones, etc. Commissioner Henning regarding Governor's Press conference concerning the high speed rail issue. Staff to work with BCC to educate the public on a petition incentive for the voters to sign regarding the high speed rail and that it serves a valid public purpose for the taxpayers of Collier County - 5/0 Commissioner Henning regarding Zero lot lines with swimming pools in a PUD. 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. 7 March 9-'10, 2004 Approved and/or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) 2) 3) 4) Request to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Eden at the Strand Replat - 1". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2004-65 w/release of maintenance security Approve a budget amendment in the amount of $18,900 to fund temporary seasonal part time staff consistent with past years for conducting sea turtle monitoring for the 2004 nesting season. Request to approve for recording the final plat of "Verona Walk Phase 1B" AR-4692, and approval of the standard form construction and maintenance agreement and approval of the amount of the performance security. w/stipulations Approve a 100% reimbursable Artificial Reef Construction Grant for the amount of $25,000 from the Florida Fish and Wildlife Conservation Commission. B. TRANSPORTATION SERVICES 1) Board approval to reject bid received under Bid #04-3595 "Clearing, Grubbing, Tree Trimming & Removal Services". To re-solicit these services at a future date. 2) Approve a Donation Agreement for the acquisition of a perpetual, non-exclusive easement, which is required for the purpose of constructing and maintaining a sidewalk along the north side of the Cocohatchee Canal, across Tracts "B" and "C" of Carlton Lakes Unit One, accept the conveyance of said easement, and authorize the payment of South Florida Water Management District permit application fees. Estimated fiscal impact $330.00. Project 69081 8 March 9-10, 2004 WBS 1. 3) Approve Supplemental Agreement No. 9 for professional design services by Hole Montes, Inc., for the Immokalee Road Six-Laning Project from U.S. 41 to 1-75, County Project Number 66042, Bid Number 00-3057. Fiscal impact: $224,905. PUBLIC UTILITIES 1) 2) Board approval of a budget amendment to recognize additional revenue from Contract No. ML040284 with the South Florida Water Management District in the amount of $40,000. A Pollution Control Surface Water Sampling Program. As detailed in the Executive Summary Approve an agreement between Calusa Island Village, L.C., a Florida limited liability company and the Board of County Commissioners regarding the proposed upgrades to the Goodland Water Pumping Station. 3) 4) S) 6) Approve the purchase of a 2.81-acre lot at the northwest comer of Wilson Boulevard and 14th Avenue NW for water supply well sites at a total cost not to exceed $79,735; Project 701581. To maintain the reliability of the existing Tamiami Wellfield Authorization to waive the competitive bidding process for technical assistance to perform a post implementation review, workflow analysis and documentation of operating procedures for the Utility Billing Software System - (at a not-to-exceed cost of $72,300). Services to be preformed by Vaccaro Consulting, Inc. Accept amendments to two grant agreements (Project time extensions) with South Florida Management District. Contract No. C-15054-A01 (Aquifer Storage and Recovery (ASR) Reclaimed Water Test Well) and Contract No. 15061-A01 (Vanderbilt Beach Road 20-inch Reclaimed Water Main) Approve funding and budget amendment for project management process documentation and authorize the Public Utilities Engineering 9 March 9-10, 2004 Director to execute Work Order GH-FT-04-02 with Greeley & Hansen in the amount of $31,706, Project 75000. Moved to Item #10E De 7) Approve a Work Order under Contract #01-3271, fixed term professional engineering services for coastal zone management projects, with Coastal Planning & Engineering for a public information program, Phase 2, for the County/City of Naples major beach renourishment, Project 90527, in an amount not to exceed $47,870. 8) Accept grant agreement (Grease Control Educational Program) from the South Florida Water Management District in the total amount of $25,000 and approve necessary budget amendments. 9) Accept four grant agreements from the South Florida Water Management District in the total amount of $315,700. North County Wastewater Service Area Inflow and Infiltration Study (Project 72502, Contract DG040621), 10 Year Water Supply Facility Work Plan (Project 70175, Contract DG040612), Carica Road Aquifer Storage and Recovery (ASR) Exploratory Well Program (Project 70897, Contract DG04620) and Manatee Road ASR System Expansion (Project 70157, Contract DG040620) PUBLIC SERVICES me 1) Approval of the Collier County Health Department Fee Schedule for FY2004. Resolution 2004-66 ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners repeal Resolutions 2001-294 and 2002-464 and adopt a new resolution for the sole purpose of removing any language related to authorization to sign grant applications recognizing that such authority is outlined in the County Manager's grant coordination procedure in the Practices and Procedures manual. 10 March 9-10, 2004 2) 3) 4) 5) 6) 7) Resolution 2004-67 Recommendation that the Board of County Commissioners approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the County in connection with property damage caused by a third party. As detailed in the Executive Summary Approval to utilize State contracts for purchase of furniture and floor covering over twenty-five thousand dollars ($25,000). For a period of three years Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. As detailed in the Executive Summary for the period of January 29, 2004 through February 23, 2004 Approve payments to sub-consultants for the Naples Jail Project in the amount of $112,845. TLC Engineering, TKW Engineering, and Walker Parking Consultants. Award annual contract for Underground Utility Contracting Services pursuant to RFP #04-3535, in the estimated annual amount of $6,000,000. As detailed in the Executive Summary Approve contract for Construction Manager at Risk for the proposed Courthouse Annex and Parking Garage, RFP #04-3576 to Kraft Construction Inc. Fa 8) Approve Amendment No. 1, Contract #02-3422, to Disney and Associates, P.A., for architectural services for design of the new County Fleet Facility in the amount of $154,750. COUNTY MANAGER 1) Recognize and approve the FEMA Assistance to Firefighter's Matching (90/10) Grant in the amount of $157,500 and approve the necessary budget amendments. To purchase two hydraulic rescue tools, two AED's, one decon March 9-10, 2004 Ge 2) clean up containment and packaging equipment, twenty SCBA-45 minutes, twenty spare cylinders, and two accountability systems Approval of Cooperative Agreement with the South Florida Water Management District accepting $1,000,000 annual funding contribution to Collier County for the first ten years of the twenty- year agreement. To restore the hydrology of the SGGE and improve the health and productivity of the 10,000 Islands estuaries by reestablishment of historic flow ways, sheet flow of wetlands, and the reduction of point discharges and concentrated shock loads of freshwater. AIRPORT AUTHORITY He 1) That the Board of County Commissioners approve a budget amendment increase of $16,000 to fund revised estimated costs to complete powder coating conversion and other improvements to the powder coating facility at the Immokalee Regional Airport. 2) Approve the search for an Executive Director for the Collier County Airport Authority. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta's request for approval for reimbursement for attending a function serving a valid public purpose; the Hispanic Chamber of Commerce of Collier County Annual Awards Banquet in the amount of $65.00 as a "Valid Public Purpose". To represent Collier County at this awards banquet for Hispanic Citizens Award and Hispanic Business CEO's, Saturday, March 13, 2004 at the Elks Club MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 12 March 9-10, 2004 Ke 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the detailed report is on display in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples FL. Report available for inspection and review in the County Manager's Office COUNTY ATTORNEY 17. 1) Recommendation for the Board of County Commissioners to approve a revised Retention Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel and Smith, P.A., and to waive the purchasing policy, to the extent that is necessary, and/or to exempt this request from formal competition pursuant to Section VII.G. of the Purchasing Policy. 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. Ae This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR4687 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 10 foot wide drainage easement located along the rear of Lot 171, according to the plat of"Phase Two ~13 March 9-~10, 2004 Queens Park at Lago Verde" as recorded in Plat Book 14, Pages 94 through 95, Public Records of Collier County, Florida. Located in Section 18, Township 50 south, Range 26 east. Resolution 2004-68 Moved to Item #8B Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-03- AR-4528, Robert Duane of Hole Montes, Inc., representing Kevin Ratterree of GLH Development, L.L.L.P., requesting a rezone from "PUD" to a "PUD" Planned Unit Development to be known as the Terafina PUD. The purpose is to eliminate the golf course tracts, reconfigure the land use tracts, updating the Transportation commitments, revise the development standards and to provide for well fields and additional landscaping for property located approximately one mile north of Immokalee Road (C.R. 846) and on the north side of the Olde Cypress PUD in Section 16, Township 48S, Range 26E and consisting of 637 acres. Co This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4648, Florida Conference Association of Seventh-Day Adventists represented by Robert L. Duane of Hole Montes, Inc., and Richard D. Yovanovich, Esq. of Goodlette, Coleman & Johnson, requesting a rezone from "A" Rural Agricultural and "PUD" Planned Unit Development to PUD known as the Loch Ridge PUD by amending the PUD Master Plan to increase acreage from 13.44 acres to 18.05 acres, show a change in ownership, add church, private school, and community center as permitted uses, revise the plant nurseries, florist and vegetable sales uses to be allowed only on a temporary basis for up to three years, eliminate assisted living facility as a permitted use, and add accessory uses related to church and school. Property is located on the south side of Davis Boulevard, approximately 2000 feet east of the Kings Way/Davis Boulevard intersection, in Section 7, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2004-14 w/changes 18. ADJOURN 14 March 9-1 O, 2004 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 March 9-10, 2004