Recap 06/22/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 22, 2004
9:00 AM
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
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June 22, 2004
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.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Albert Wingate, Unity of Naples Church
2. AGENDA AND MINUTES
A. Request that the BCC declare extraordinary circumstances regarding
Commissioner Coletta's Out of State absence due to an illness in the family
and allowing him to phone in to participate in portions of today's BCC
meeting.
Approved and/or adopted with changes - 5/0
B. Approval of to day's regular, consent and summary agenda as
amended. (Ex Parte Disclosure provided by Commission members for
summary agenda.)
Approved as presented - 5/0
C. May 17, 2004 - BCC/CCPC EAR Workshop
Approved as presented - 5/0
D. May 25, 2004 - BCC/Regular Meeting
Approved as presented - 5/0
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June 22, 2004
E. June 9, 2004 - BCC/Caribbean Garden Workshop
Approved as presented - 5/0
3. SERVICE AWARDS
A. 20 Year Attendees
1) Dale Stodgel, Transportation Division
Presented
4. PROCLAMATIONS
A. Proclamation to designate the week of July 18-24, 2004 as Probation,
Parole and Community Supervision Week. To be accepted by Chuck
Rice, Director of Probation.
Adopted - 5/0
B. Proclamation to recognize the Economic Development Council for their
continued efforts to promote the Florida Tradeport as an international center
for trade, manufacturing, and commerce. To be accepted by Tammy
Nemech, Executive Director of the Economic Development Council; Adria
Starkey, Chair of the Economic Development Council; Nicolas Healy,
President of Ave Maria; Dr. Richard Pegnetter, Dean of Business at Florida
Gulf Coast University; Dr. Fred Tuttle, Director of the Workforce Program
at Lorenzo Walker Institute; Dr. Jeff Albritten, President of Edison College,
Collier County Branch; Terry McMahon, President of International College;
Joe Paterno, Executive Director of SWF Workforce Development Board,
and Fred Glickman, Managing Director of International Officers, Enterprise
Florida, Inc.
Adopted - 5/0
C. Proclamation to celebrate July 2004 as Recreation and Parks Month.
To be accepted by Annie Alvarez, Recreation Supervisor and
Counselor's In Training.
Adopted - 5/0
5. PRESENTATIONS
A. To be heard after Item #5D Presentation by Mr. Ron Hamel, Executive
Vice President of the Gulf Citrus Growers Association, in appreciation for
County Resolution No. 2003-167, passed by the Board of County
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June 22, 2004
.,"--.-
Commissioners on April 22, 2003.
Presented
B. Recommendation to recognize Alex Blanco, Senior Equipment Operator,
Transportation Division, as "Employee of the Month" for June 2004.
Recognized
C. Florida Association of Counties Presentation. (Jim Mudd, County Manager)
Presented
D. Presentation to Collier County for its program "Park Rangers To Go" in
recognition of an innovative program which contributes to and enhances
county government in the United States.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Mr. Paul Feuer to discuss planting of live oaks in
Village Walk.
Discussed
B. Public Petition Request by Herman Haeger to discuss operational costs
imposed by Collier County Code Enforcement Board.
Board to wait until after this item is heard at the June 24, 2004 CEB
Meeting before making any decisions
C. Public Petition Request by Jeff Bluestein to discuss Board of County
Commissioners v. Brian K. Greenling, Case No. CEB 2000-026.
This item is being withdrawn
D. Public Petition Request by Randy Fredrickson to discuss SDP
Amendment for Center Point Community Church.
To be brought back at the July 27, 2004 Meeting
E. Public Petition Request by Dr. Samuel J. Durso to discuss sidewalk variance
within Carson Lakes, Phase II, Immokalee.
To be brought back and placed on a future BCC Agenda
7. BOARD OF ZONING APPEALS
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June 22, 2004
A. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. Petition: V A-200l-AR-1706, Mark and
Shirley Dowdy represented by Timothy Hancock, of Talon Management,
Inc., requesting a 14-foot after-the-fact variance from the required 20foot
rear yard setback to 6 feet for accessory structures and a 4-foot after-the-fact
variance from the required 25-foot rear yard setback for principal structures
to 21 feet, for property located at 3 16 Flamingo Avenue, further described as
Lot 12, Block U, Conners Vanderbilt Beach Estates Unit 3, Section 29,
Township 48 South, Range 25 East.
Resolution 2004-220A Denied-3/2 (Commissioners Henning and Coletta
against)
8. ADVERTISED PUBLIC HEARINGS
A. Item to be heard at 1 :00 p.m. Consideration of an Ordinance adopting a
recodification and revision of the County's Land Development Code, to
become effective on September 27, 2004.
Ordinance 2004-41 Adopted 5/0
Political Sign Amendment Section continued to July 27,2004 Meeting
B. Recommendation to adopt an Ordinance amending Collier County
Ordinance No. 72-1, as amended, also cited as Section 122-81 of the Collier
County Code of Laws and Ordinances, which created the Collier County
Lighting District, to add a reference to the area described, and to correct a
scrivener's error to the legal description for Trade Center of Naples, Trade
Center of Naples Replat of Lots 44 & 45, Industrial Village, Industrial
Village No.2, Kathleen Court, Lot 155 J & C Industrial Park, and J & C
Industrial Park; providing for inclusion in Code of Laws and Ordinances;
providing for conflict and severability; and providing an effective date.
Ordinance 2004-44 Adopted-5/0
Continued to July 27, 2004
C. Public Hearing to consider adoption of an Ordinance establishing
The Quarry Community Development District (CDD) pursuant to
section 190.005, Florida Statutes (F.S.).
Continued Indefinitely
D. PUDZ-2002-AR-3411 Carl M. Nagel, managing partner ofCDN
Properties LLC, and Thomas Craig, Craig Construction and Restoration,
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June 22, 2004
Inc., represented by Robert J. Mulhere, AICP, ofRW A, Inc, and R. Bruce
Anderson of Roetzel and Andress requesting a rezone from "A"
Agricultural to "PUD" Planned Unit Development for a project to be
known as the Nagel-Craig Business Park PUD to allow a maximum of
417,000 square feet of business park land uses in buildings not to exceed
35 feet in height on 37.5 M.O.L. acres of property located on the west side
of Collier Boulevard approximately ~ mile north of Vanderbilt Beach
Road, in Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
E. Adoption of an Ordinance of the Board of County Commissioners of
Collier County, Florida, amending Ordinance No. 2003-6l, codified as
Chapter 49 of the County's Code of Laws and Ordinances, incorporating
changes to the implementation of the Fee Payment Assistance Program.
Ordinance 2004-45 Adopted-5/0
F. Adopt an Ordinance establishing a Special Master Process for Collier
County; setting forth the powers and duties of the Special Master;
establishing procedures; and establishing penalties. Approve the related
budget amendment. (Companion Item to 12B)
Ordinance 2004-46 Adopted-5/0
G. This item to be heard at 2:00 p.m. Request that the Board approve the
proposed Ordinance, which Ordinance implements new Section 939 .l85,
Florida Statutes, and provides for imposition of additional court costs in
criminal cases; allocates funds received from additional court costs;
provides for amendments to Section 939.185, Florida Statutes; provides for
conflict and severability; provides for inclusion in the Collier County Code
of Laws and Ordinances; and provides for an effective date.
Ordinance 2004-42 Adopted-5/0
H. This item to be heard immediatelv followine Item 8G. Request that the
Board approve the proposed Ordinance, which Ordinance implements
amended Section 318.18( 13), Florida Statutes, and provides for a surcharge
on certain enumerated traffic violation and offenses; allocates funds
received from the surcharge; provides for amendments to Section
318.18(13), Florida Statutes; provides for conflict and severability; provides
for inclusion in the Collier County Code of Laws and Ordinances; and
provides for an effective date.
Ordinance 2004-43 Adopted-5/0
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June 22, 2004
9. BOARD OF COUNTY COMMISSIONERS
A. This item continued from the June 8~ 2004 BCC Meetine. Highlight and
honor volunteers that serve on the 50+ advisory boards. (Commissioner
Henning)
Approved-5/0 Staff to set up Criteria and Program - to be presented at a
future BCC Meeting
B. Discussion regarding dual membership on committees dealing with
TDC projects and funding. (Commissioner Fiala)
To stand as is currently until Staff brings back suggestions and
recommendations - Consensus
C. Recommendation to declare a vacancy on the Collier County Code
Enforcement Board.
Resolution 2004-221 Approved-5/0
Continued Indefinitely
D. Request BCC discussion for Chairman Fiala to write a letter on behalf of
the Board to State Department [Florida Fish & Wildlife Conservation
Commission, Division of Law Enforcement, Office of Boating &
Waterways, 620 South Meridian Street, Tallahassee, FL 32399-1600] to
oppose the City of Naples proposal for more stringent vessel speed zones
in Naples Bay, Dollar Bay, and Gordon Pass, citing insufficient reason and
evidence to warrant such change. Item to be heard only if City approves
Ordinance (Second Reading)same subject on June 16,2004.
(Commissioner Henning)
E. Recommendation to rename the county's Lake Trafford Park in Immokalee
the "Ann Olesky Park" in recognition of the contributions of long-time
Immokalee resident and spirited community activist Ann Olesky who was a
driving force in the Lake Trafford restoration initiative. (Commissioner
Coletta)
Approved - 5/0
F. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2004-222 Appointing Nicholas P. Henes - Adopted-5/0
G. Discussion / direction to County Attorney and county staff with regard to
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June 22, 2004
support of a request for an opinion of the Florida Attorney General on
selected issues pertaining to the effect of municipal annexation on an
existing CRA area or to pursue an Interlocal Agreement with the City of
Naples. (Commissioner Coyle)
Approved-5/0
10. COUNTY MANAGER'S REPORT
A. Presentation of Quarterly Report On Newly Adopted Transportation
Concurrency Management System. (Norman Feder, Administrator,
Transportation Services)
Presented
B. Recommendation to approve a contract for RFP #04-3611 "Consultant
Services for the Metropolitan Planning Organization Long-Range
Transportation Plan 2030 Update" in the total amount of$360,717.86
(Norman Feder, Administrator, Transportation Services)
Approved-5/0
C. Recommendation to approve a contract for RFP-04-3629 "Consultant
Services for the Public Involvement Element of the Metropolitan Planning
Organization Long-Range Transportation Plan 2030 Update" in the total
amount of $362,416.57. (Norman Feder, Administrator, Transportation
Services)
Staff to provide additional information and bring back at July 27, 2004
BCC Meeting - Approved-5/0
D. Recommendation to hear Richard Y ovanovich requesting permission to
submit for building permit applications in advance of approval of a Site
Development Plan and to commence construction of the building
foundations for the expansion of two existing Agricultural packing structures
prior to the approval Site Development Plans SDP-04-AR-5941 and SDP-
04-AR-5995 both of which have been submitted to the Department of
Zoning and Land Development Review and are presently under review but
have yet to be approved. (Joe Schmitt, Administrator, Community
Development)
Approved w/ stipulations-5/0
E. Recommendation to provide the Board of County Commissioners with the
findings and recommendation that resulted from the May 21, 2004
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June 22, 2004
workshop held by the Emergency Medical Services Advisory Council in
regard to further amending Collier County Ordinance 2004-12. (Marla
Ramsey, Interim Administrator, Public Services)
Direct County staff to bring back issues at AUIR Meeting
F. This item to be heard at 10:00 a.m. This item continued from the May
11, 2004 BCC Meeting. Response to Public Petition filed by Mr. Matt
Johnson of the East Naples Fire Department to solicit for contributions
along the County Right of Way. (Dan Summers, Director, Emergency
Management)
Direct staff to bring back an Amended Ordinance at the July 27, 2004
BCC Meeting
G. Recommendation to adopt a Stormwater Funding policy for the Capital
Improvement Program to ensure adequate flood protection and water
quality, estimated fiscal impact of $140 million from Collier County
with a total of $346 million over the next 20 years. (Norman Feder,
Administrator, Transportation Services)
Approved-3/2 (Commissioner Coletta and Henning Opposed)
H. This item continued from the June 8~ 2004 BCC Meetine.
Recommendation to approve the attached Agreement For Sale And
Purchase for acquisition of the former Arthrex, Inc. building and expenses
associated with its purchase, necessary renovations, and relocation of
Transportation Division offices from leased facilities at a total cost not to
exceed $6,309,000. (Norman Feder, Administrator, Transportation
Services Division)
Approved-5/0
I. Recommendation to approve a Development Agreement with A. Grover
Matheney, as Successor Trustee under that certain Land Trust Agreement
dated June 29, 1988; and as Successor Trustee under that certain Land Trust
Agreement dated July lO, 1998; Blend-All Hotel Development, Inc.; Walden
Avenue Blend-All Hotel Development, Inc.; Dick Road Blend-All Hotel
Development, Inc.; and WR-I Associates Ltd. (collectively, "The
Developers"), pursuant to which (1) The Developers will dedicate, at no cost
to the County, certain land along Immokalee Road needed for the road
project, in exchange for the County vacating a portion of an access road
presently owned by FDOT, and (2) the County will modify the Immokalee
Road Project provided that The Developers pay all costs associated with the
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June 22,2004
redesign. Also, approve Supplemental Agreement NO. lO with Hole Montes,
Inc., which Supplemental Agreement is for the redesign of the Immokalee
Road Project referred to and attached as Exhibit "F" in the Development
Agreement. (Norman Feder, Administrator, Transportation Services)
Approved-4/0 (Commissioner Halas Out)
J. Recommendation to approve the selection and funding of a consultant to
perform a Fiscal Stability Study to review all the potential sources for
generating revenue for Collier County and determine the proper balance to
promote future economic sustainability. (Joe Schmitt, Administrator,
Community Development)
Approved-5/0
K. That the Board approve a Resolution ordering and calling a Referendum
Election to be held November 2,2004, within Collier County, to
determine if the electors of Collier County approve the levy of an
additional ad valorem tax not exceeding .15 mill for 10 years and the
issuance of not exceeding $40,000,000 limited tax general obligation
bonds, to be issued in one or more series, payable therefrom, in order to
finance acquisition of the land presently known as Caribbean Gardens,
together with the purchase of adjoining land held by the same or related
ownership as is necessary to complete the transaction, to assure the
continued operation of the Caribbean Gardens; providing for an effective
date. (Mike Smykowski, Director, Office of Management and Budget)
Resolution-2004-223 Adopted-5/0
Moved to Item #14B
L. The Board of County Commissioners sittine as the Collier County
Community Redevelopment Aeencv. Recommendation that the
Community Redevelopment Agency (CRA) approve the use of tax
increment funds (TIF) to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee,
based on a determination of the expenditure being consistent with the
Immokalee CRA Area's Redevelopment Plan. (Joe Schmitt,
Administrator, Community Development)
M. Request for the Board of County Commissioners to Approve the
Acceptance of Donated Funds for the Ochopee Area Fire Control and
Emergency Medical Care Special Taxing District from the Volunteer's
Account. (Dan Summers, Director, Emergency Management)
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June 22, 2004
Approved-5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Jay Westendorff -Vanasse and Daylor re: The Cocohatchee Bay PUD
to come before the Board on July 27, 2004
B. Nicole Ryan - of Southwest Florida Conservancy concerns re:
Cocohatchee Bay PUD
C. Doug Fee - Northbay Civic Association concerns re: Cocohatchee Bay
PUD
12. COUNTY ATTORNEY'S REPORT
A. Direct desired action by the Office of County Attorney in two code
enforcement lien foreclosure actions entitled Collier County v.
Anthony J. Varano, Jr., Case Nos. 99-4226-CA and 00-3430-CA.
To be brought back at July 27,2004 BCC Meeting-Approved-5/0
B. Board Direction Relating to Amendment of False Alarm Ordinance,
Ordinance No. 97-8, as amended (Companion to Item 8F).
False Alarm Ordinance to be continued to July 27, 2004 BCC Meeting-
(No Motion)
(Companion to Item 8F)
Motion to Continue Santa Barbara Force Main to June 29, 2004-
Approved-5/0
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11:00 a.m. To present the Certificate of
Achievement for Excellence in Financial Reporting to the Board of
County Commissioners.
Plaque Presented to Commissioners
B. This item to be heard immediatelv followine Item #13A To present to
the Board of County Commissioners the Comprehensive Annual Financial
Report for the Fiscal Year ended September 30,2003.
Presented
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AREA
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June 22, 2004
A. Discussion - direction to CRA staff and County Attorney with regard to
support of a request for an opinion of the Florida Attorney General on
selected issues pertaining to the effect of municipal annexation on an
existing CRA area or to pursue an Interlocal Agreement with the City of
Naples.
Approved-4/0 (Commissioner Coyle out)
Moved from Item #10L with a time certain of 4:00 P.M.
B. The Board of County Commissioners sittine as the Collier County
Community Redevelopment Aeencv. Recommendation that the
Community Redevelopment Agency (CRA) approve the use of tax
increment funds (TIF) to assist with the establishment of a Florida State
University School of Medicine rural health training center in Immokalee,
based on a determination of the expenditure being consistent with the
Immokalee CRA Area's Redevelopment Plan. (Joe Schmitt,
Administrator, Community Development)
Approved-4/0 (Commissioner Coyle out)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Permission for Board to send letter to Moran Marina stating Collier
County will terminate lease w/Marina in 2007, due to parking space
conflicts.
B. Letter(s) received from City of Naples Mayor re: joint workshop to be
held with city to discuss Naples Bay speed zone on October 4, 2004 and
a request to delay contract bids for Golden Gate Overpass until first
BCC meeting in October, 2004; Commissioner Fiala will respond with
letter of County's intention to move ahead as scheduled on the Golden
Gate Overpass with bids scheduled in July, 2004 due to legal
ramifications
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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.
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Approved and/or Adopted with changes 5/0
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June 22, 2004
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve a Change Order to Hartman and
Associates, Inc. Contract #03-3456, in an amount not to exceed
$9,000.00, to complete its engineering analysis and rate review of
Orangetree Utility Rate Adjustment Application, as recommended by
the Collier County Water and Wastewater Authority.
2) Have the Board of County Commissioners confirm their direction
regarding purchase authorization for Conservation Collier properties
within North Golden Gate Estates Unit 53.
3) Recommendation to approve an Amendment to Agreement for Sale
and Purchase for 3.64 acres under the Conservation Collier Land
Acquisition Program at no additional cost to the County.
(With George and Virginia C. Visnich)
4) Recommendation to approve an Agreement for Sale and Purchase of
3.02 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed $77l,850.
(With Robert W. Erickson and Kathleen K. Erickson)
5) Recommendation to approve four Agreements for Sale and Purchase
for 77.31 acres known as the American Business Park under the
Conservation Collier Land Acquisition Program at a cost not to
exceed $2l ,311,050.
As detailed in the Executive Summary
6) Assignment Agreement - Fiddler's Creek Phase 2A GC (Runaway
Lane)
7) Assignment Agreement - Fiddler's Creek Phase 2A, Unit 1
8) Assignment Agreement - Fiddler's Creek Phase 3, Unit 1 (Club Center
Drive)
Continued Indefinitely
9) Assignment Agreement - Fiddler's Creek Temporary Irrigation
Meters.
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June 22, 2004
10) Recommendation to approve an application by Skytruck LLC for
participation in the Advanced Broadband Infrastructure Investment
Program.
To build a US-based aircraft completion center. Incentive funds
to be paid in equal amounts of no more then $8,400 per year over
a 3 year period.
11) Recommendation to approve an application for participation in the
Advanced Broadband Infrastructure Investment Program by
Radiology Regional Center
To use Fiber Optic Lines to improve efficiency and help keep
health cost down.
12) Recommendation to approve the Settlement Agreement for Code
Enforcement Board Case No. 1999-052. Board of County
Commissioners vs. Shadow Court Fuels, Inc.
As detailed in the Executive Summary
13) Recommendation to approve an original Grant of Replacement
Drainage Easement between Imperial Golf Club, Inc., Imperial
Castlewood, LLC and Collier County, Florida.
To correct a previously recorded drainage easement that
contained erroneous legal description and reduce width of
drainage easement.
14) Recommendation to approve a $2.5 million commercial paper loan to
pay for the expenses incurred in replacing Collier County's
Community Development and Environmental Services Division's
computer software system, and approve its associated budget
amendment which fully funds the new computer software system
proj ect.
Resolution 2004-206
15) Recommendation to ratify a Compliance Agreement between Collier
County and MS TEP Embassy, L.P., the successor developer of the
Glen Eagle PUD, to resolve Code Enforcement Case #2002060715,
pertaining to a violation for removing native vegetation from Upland
Recreation and Open Space (UROS) easements.
As detailed in the Executive Summary
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June 22, 2004
Moved to Item #16Gl
16) The Board of County Commissioners sittine as the Collier County
Community Redevelopment Aeencv. Recommendation that the
Collier County Community Redevelopment Agency (CRA) approve
the 2003 Annual Report of the CRA, direct staff to file the annual
report with the Board of County Commissioners (BCC) and direct
staff to publish notice of filing the report.
Moved to Item #16G2
17) To clarify the operational relationship between the Board of County
Commissioners of Collier County, Florida and Community
Redevelopment Agency (CRA) for the Bayshore/Gateway Triangle
Redevelopment Area (Area).
As detailed in the Executive Summary
B. TRANSPORTATION SERVICES
1) Recommendation to establish a "NO PARKING" zone along the
southern right-of-way of Calusa A venue for the section from Airport
Road to 238 feet west of Airport Road and along the northern right-of-
way section from the property line located l04 feet west of Airport
Road to 238 feet west of the Airport Road, at a cost of$600.
Resolution 2004-207
2) Recommendation to approve a Purchase Agreement to acquire a l.l4
acre residential property, a portion of which is required for the
widening of Vanderbilt Beach Road. (Project 63051). Fiscal Impact:
Not to exceed $275,000.
3) Recommendation to adopt a Resolution by the Board of County
Commissioners, Collier County, Florida, authorizing a speed limit
change from thirty-five miles per hour (35 MPH) to forty miles per
hour (40 MPH) on Woods Edge Parkway, from US 41 to Vanderbilt
Beach Drive, for a distance of approximately l.O mile.
Resolution 2004-208
4) Recommendation to approve a budget amendment recognizing prior
year revenue, additional current year revenue, and insurance company
refunds for funds recovered from vehicle accidents where County
traffic signals and streetlights sustained damages.
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June 22, 2004
5) Approve a resolution providing for the acceptance of conveyances
made by developers and/or owners in compliance with development
commitment requirements, ordinances and agreements or as an
integral part of a capital improvement project, including but not
limited to, stipulations required as a pre-condition for the approval of
conditional uses, and site development plans.
Resolution 2004-209
6) Recommendation to approve a Resolution approving and authorizing
the Chairman of the Board of County Commissioners to execute a
Local Agency Program Agreement with the Florida Department of
Transportation, which Agreement implements up to $116,000 for
Traffic Count Stations with reimbursement by the Florida Department
of Transportation.
Resolution 2004-210
7) Recommendation to approve a Resolution for a Local Agency
Program (LAP) Agreement with the State Department of
Transportation in the amount of $262,500.00 for the purchase and
installation of a prefabricated pedestrian bridge within the C.R. 95l
right-of-way over the Golden Gate outfall canal.
Resolution 2004-211
8) Recommendation to approve a budget amendment transferring funds
from Street Lighting Project No. 60007 to Multi-Project
Transportation Design/Traffic Signals Project No. 60172 for
expenditures that will be incurred under Local Agency Program
Agreements with the Florida Department of Transportation.
9) Recommendation to approve a Resolution for a Local Agency
Program (LAP) Agreement with the State Department of
Transportation in the amount of$195,706.00 for the construction of
sidewalk segments connecting the sidewalks at S.R. 29 and with
various streets between First Street and Ninth Street in Immokalee.
Resolution 2004-212
10) Recommendation to approve a Drainage and Limited Access
Easement Agreement with Terracina, LLC for the purpose of allowing
County Stormwater staff to have access to the canal from the
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June 22,2004
Terracina property in order to perform periodic maintenance within
the canal. Fiscal Impact: Not to exceed $l 00.00.
11) Recommendation to Award Bid #04-3615 "Purchase and Delivery of
Organic and Inorganic Mulch" at an estimated yearly cost of
$550,000.00.
To Giant Mulch, Inc. and Forestry Resources, Inc.
12) Recommendation to approve a Resolution authorizing the Chairman
to sign a Highway Landscaping Installation and Maintenance
Agreement with the Florida Department of Transportation (FDOT) for
landscape development improvements within the unpaved areas
within the right-of-way of SR 29 in Downtown Immokalee.
Resolution 2004-213
13) Recommendation to approve a Resolution to establish a "No Parking,
No Stopping, No Standing" zone along the north side of Bluebill
Avenue, from Vanderbilt Drive to Gulf Shore Drive at a cost of
approximately $800.
Resolution 2004-214
14) Recommendation to Approve an Interagency agreement between
Collier County and the State of Florida Department of Corrections,
Hendry Correctional Institution, for continued use of inmate labor in
Road Maintenance Activities.
15) Recommendation to approve Amendment No.6 to contract No. 91-
l763 for Engineering and Environmental Services with WilsonMiller,
Inc. for modification of the Gordon River Extension Basin Study
(Project No. 51005) to incorporate improvements associated with the
Goodlette-Frank Road Expansion. Fiscal impact includes
$ 152,649.59.
16) Recommendation that the Board waive the formal bid process and
approve a contract between Gray-Calhoun and Associates and Collier
County for Post-Design Engineering Services related to design and
plans changes for the Advanced Traffic Management System (A TMS)
Phase II project, with costs to the County reimbursed by the Florida
Department of Transportation.
17
June 22, 2004
17)
18)
19)
Withdrawn
20)
21)
22)
Recommendation to approve a Donation Agreement to accept an
easement conveyance and to approve a Landscape Maintenance
Agreement for maintenance of the existing sidewalk along Vanderbilt
Drive and Bluebill Avenue. Project Number: 6017l. Estimated fiscal
impact: $69.50.
As detailed in the Executive Summary
Reconveyance of real property via quitclaim deed to Parklands
Development, L.P., pursuant to Section 255.22, F.S., to wit: The West
60 feet of Section 9, Township 48 South, Range 26 East, Collier
County, Florida, dedicated to Collier County for right-of-way,
drainage and utility purposes in 1972, but never used for any such
purposes, nor currently contemplated for any such uses in the future.
Recommendation to approve 2 Donation Agreements and to accept
the conveyance of 2 temporary construction easements which are
required for the replacement of a disintegrating drain pipe under
Block 89, Golden Gate Unit No.3, which is causing localized
flooding during heavy rains in the vicinity of 47th Street SW.
Fiscal Impact: $54.00
(with Pedro J. Licourt and Marilis E. Licourt a/kIa Marilis E.
Cueto and Collier County)
Recommendation to amend Resolution No. 2001-56, which
established an Ad Hoc Advisory Committee to provide input and
guidance in the aesthetic appearance of the I-75/Golden Gate Parkway
Interchange by extending the life of the Committee until the
completion of the Interchange.
Recommendation to approve Contract Amendment No. 97-2715-A07
with Agnoli, Barber and Brundage, Inc. for the Lely Area Stormwater
Improvement Project (Project No. 5ll01) in the amount of$47,500.00
To complete the South Florida Water Management District
Environment Permitting process and to continue ongoing
Engineering and US Army Corps of Engineers permitting work
for The Lely Area Stormwater Improvement Project.
Recommendation to approve Supplemental Work Order #3 for the
Forest Lakes MSTU to Wilson Miller Inc., in the amount of
18
June 22, 2004
$17,500.00.
For the continuation of additional Professional Engineering
Services for the Drainage and Roadway Master Plan
Improvements within The Forest lakes MSTU.
C. PUBLIC UTILITIES
1) Recommendation to approve an Agreement for Sale and Purchase of a
5. 7l-acre parcel in advance of anticipated real estate requirements to
accommodate future needs for water supply and water
transmission/storage facilities at a total cost not to exceed $166,600;
Project 710061.
(Between Gerald Vitale, Ann Cerullo, Warren Vitale, Julius
Vitale and Gus Demuzio and Board of County Commissioners of
Collier County, Florida)
2) Adopt a Resolution authorizing the acquisition by Gift or Purchase for
non-exclusive, perpetual utility and access interests by easement for
the maintenance and improvement of the existing North Hawthorn
W ellfield Water Supply Transmission Mains along the Cypress Canal
in proximity to Wells RO 12N through RO l5N, Project Number
700751, at an estimated cost not to exceed $l30,000.
Resolution 2004-215 CWS 2004-02
3) Recommendation for approval and execution for Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $10.00 to record the Satisfaction.
4) Recommendation for authorization to execute and record a
Satisfaction for a certain Water and! or Sewer Impact Fee Payment
Agreement. Fiscal impact is $10.00 to record the Satisfaction.
5) Recommendation to approve Satisfactions 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 $70.00 to record the Liens.
6) Recommendation to approve Work Order UC-019 in the amount of
$677,700.00 with Douglas N. Higgins, Inc., for The Golden Gate
Boulevard Water Main Replacement project, Contract 04-3535,
19
June 22, 2004
Project 70067.
7) Recommendation to approve a budget amendment to transfer funds
from Reserves to the North County Water Reclamation Facility,
Reuse, Collections and the Wastewater Laboratory in the amount of
$l75,000.
8) Recommendation to approve the Selection Committee's decision and
award a Professional Services Agreement to Hazen and Sawyer, P.C.
for the South County Regional Water Treatment Plant l2 Million
Gallon per Day Reverse Osmosis Expansion, RFP 04-3589, Project
70097l, in the amount of$2,990,500.
9) Recommendation to award to Mitchell & Stark Construction Co., Inc.,
Bid No. 04-3671, North County Regional Water Treatment Plant Acid
Tank Replacement, in the amount of$l99,000, Project 700941.
To avoid potential water supply disruptions to water treatment
service by improving the reliability of unit processes.
10) Recommendation to reject the bid from Gulf Coast Construction of
Naples, Inc. for Bid # 04-3666 and to provide authorization to re-
advertise for bids to perform renovations at the Public Utilities
Operations Center, Project Numbers 70059 and 73072.
11) Recommendation to amend work order CDM-FT-04-07 for
engineering services related to adding one new public water supply
well (Well 34) to the Tamiami Wellfield at a cost amount not to
exceed $2l4,162; Project 70158
12) Recommendation to approve funding, and approve Work Order HS-
FT-04-03 up to an amount not to exceed $741,220, Project 7l0ll1,
NCRWTP New Mid Hawthorn Wellfield, for engineering services for
eight (8) additional water supply wells serving the North County
Regional Water Treatment Plant on sites that are on, or adjacent to,
existing well sites.
13) Recommendation to approve a Work Order, under Contract #00-3l19,
Fixed Term Professional Utility Engineering Services, with Camp,
Dresser & McKee to design, permit, and observe construction of a
new Reclaimed Water Booster Pump Station on Livingston Road,
20
June 22, 2004
Project 74076, in an amount not to exceed $166,088.
D. PUBLIC SERVICES
1) Recommendation to approve a budget amendment in the amount of
$204,523 to ensure continuous funding of the Community Care for the
Elderly grant.
2) Recommendation to approve a budget amendment in the amount of
$559 to ensure continuous funding of the Alzheimer's Disease
Initiative grant.
3) Recommendation to approve a budget amendment in the amount of
$6,074 to ensure continuous funding of the Home Care for the Elderly
grant.
4) Recommendation to recognize and budget an additional $133,135
authorized by the State Aid to Library Program for Collier County
Public Library.
To be used for any Library expense except fixed capital purchases
such as construction expenses for a new library, and cannot
replace local funds
5) Recommendation to approve the amendment to the Older Americans
Act grant contract and the required budget amendment in the amount
of $6,877 and authorize the Chairman to sign the contract between
Collier County Board of County Commissioners and the Area Agency
on Aging for Southwest Florida, Inc., d/b/a Senior Solutions of
Southwest Florida.
To increase the spending authority in accordance with the grant
contract agreement
6) Recommendation to approve the Assisted Living for the Frail Elderly
Medicaid Waiver Case Management Referral Agreement and
authorize the Chairman to sign the contract between Collier County
Board of County Commissioners and the Area Agency on Aging, Inc.
D/B/A Senior Solutions of Southwest Florida.
For uninterrupted support services to Services for Seniors'
7) Recommendation to approve the Home and Community Based
21
June 22, 2004
Waiver Case Management Referral Agreement and authorize the
Chairman to sign the contract between Collier County Board of
County Commissioners and the Area Agency on Aging, Inc. D/B/A
Senior Solutions of Southwest Florida.
For uninterrupted support services to Services for Seniors'
8) Recommendation to approve the budget amendment for $7,500 to
initiate the grant awarded to the Collier County Public Library for a
Summer Library Reading Partnership Project, from the Florida
Department of State, Division of Library and Information Services.
9) Recommendation to approve a request for a Volunteer Coordinator
position at Domestic Animal Services (DAS).
To structure and implement a successful volunteer program that
will educate the community to the needs of animals.
10) Recommendation to approve a budget amendment in the amount of
$10,080 and enter into a cooperative agreement with the Hunger and
Homeless Coalition to participate in the Information Network for the
Community of Collier County (INCCC). This agreement provides for
the reimbursement of hardware and software costs.
As detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES
1) Board approval for County participation in a program to enhance the
public safety radio system coverage in public school facilities and to
assist with funding, not to exceed $150,000.
2) Recommendation to declare certain county-owned property as surplus
and authorize a sale of the surplus property on July 10, 2004.
F. COUNTY MANAGER
1) Approve a First Amendment to 2003 Tourism Agreement With The
City Of Naples For The Permit-Compliance, Marine Turtle
Monitoring for the Gordon Pass Dredging Project 90548.
2) Approval of Budget Amendment Report.
For Budget Amendment #04-305 re: Victoria Park Drainage
(Fund 134)
22
June 22, 2004
3) Recommendation to approve budget amendments to move various
capital projects to the new General Governmental Facilities Impact
Fee Fund.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AREA
Moved from Item #16A16
1) The Board of County Commissioners sittin2 as the Collier County
Community Redevelopment Aeencv. Recommendation that the
Collier County Community Redevelopment Agency (CRA) approve
the 2003 Annual Report of the CRA, direct staff to file the annual
report with the Board of County Commissioners (BCC) and direct
staff to publish notice of filing the report.
Moved from Item #16A17
2) To clarify the operational relationship between the Board of County
Commissioners of Collier County, Florida and Community
Redevelopment Agency (CRA) for the Bayshore/Gateway Triangle
Redevelopment Area (Area).
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas request for Board approval for payment to attend
function serving a valid public purpose. Attend Copeland Civic
Association's First Year Anniversary Dinner on June 28, 2004; $16.00
to be paid from Commisssioner Halas' travel budget.
2) Commissioner Fiala requests reimbursement for a valid public
purpose to attend the EDC Trustee Post-Legislative Delegation
Luncheon on Tuesday, June 15, 2004. The valid public purpose was to
receive final summary of the 2004 legislative session and to interact
with the panel and ask questions about legislation related to economic
development, constitutional amendments, transportation, healthcare,
workers' compensation and growth management. The amount of
$25.00 to be paid from Commissioner Fiala's travel budget.
At the Naples Hilton and Towers from 11:30 a.m. to 2:00 p.m.
23
June 22, 2004
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To present the State Revenue Sharing Application for Fiscal Year
2004-2005 and obtain approval for the Chairperson to sign the same.
2) That the Board of County Commissioners make a determination of
whether the purchases of goods and services documented in the
Detailed Report of Open Purchase Orders serve a valid public purpose
and authorize the expenditure of County funds to satisfy said
purchases. 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.
From May 29, 2004 through June 11,2004
K. COUNTY ATTORNEY
1) Approve the Agreed Order Awarding Attorney's Fees as to Parcel 102
in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et aI.,
Case No. 03-05l9-CA, Immokalee Road Project 60018 (total cost of
$3,013.00)
Direct staff to pay the sum of $3,013.00 to the Foley & Lardner
Trust Account.
2) Request by the Collier County Industrial Development Authority for
approval of a Resolution authorizing the authority to issue Revenue
Bonds to be used to finance Health Care Facilities for NCH
Healthcare System for construction, renovation, and equipment for the
expansion of the North Collier Hospital Campus.
Resolution 2004-216
17. 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
24
June 22, 2004
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. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. A VROW2003-AR4854 to disclaim,
renounce and vacate the County's and the Public's interest in the 25 foot
wide alley as shown on the plat of "Rock Creek Pines No.2," as recorded in
Plat Book 2, Page 86, Public Records of Collier County, Florida. Located in
Section 11, Township 50 South, Range 25 East.
Resolution 2004-217
B. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. A VPLA T2004-AR5927 to disclaim,
renounce and vacate the County's and the Public's interest in a portion of the
20 foot wide Lake Maintenance and Drainage Easement located on Lots 1
through l58, Tract F and Tract X, according to the plat of "Stratford Place"
as recorded in Plat Book 40, Pages l5 through 21, Public Records of Collier
County, Florida. Located in Section 18, Township 49 South, Range 26 East.
Resolution 2004-218
C. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. PUDEX -2004-AR-5752: Naples Reserve
Golf Club, Inc., represented by Robert Duane, A.I.C.P., of Hole Montes,
Inc., requesting 2 two-year extensions of the Naples Reserve Golf Club PUD
pursuant to LDC Section 2.7.3.4.6. The property is located 1.3± miles east of
County Road 951 and approximately one mile north of US Highway 41, in
Section 1, Township 51 South, Range 26 East, Collier County, Florida,
consisting of 688± acres.
Resolution 2004-219
25
June 22, 2004
D. SE-04-AR-5334, an Ordinance amending Ordinance 03-29, the Naples
Botanical Garden Planned Unit Development (PUD) to correct a scrivener's
error resulting from the unintentional omission of the official zoning map
number 0523S in the title of the transmittal copy of the adopted Ordinance to
the Department of State for the property located at the intersection of
Bayshore Drive and Thomasson Drive in Section 23, Township 50 South,
Range 25 East, Collier County, Florida.
Ordinance 2004-38
E. Recommendation to approve Cable Television Franchise Agreement with
Strategic Technologies, Inc.
To extend its system beyond Heritage Bay to provide cable television
services to other geographic areas in unincorporated Collier County
F. PUDZ-2002-AR-2887, Ann & Edward Olesky represented by Joe McHarris,
of McHarris Planning & Design, requesting a rezone from Public Use "P" to
Planned Unit Development "PUD" for a mixture of commercial, residential,
and marine uses including recreational vehicle lodging for property located
at 6100 Lake Trafford Road, in Section 35, Township 46 South, Range 28
East, Immokalee, Florida, consisting of 5.3± acres.
Ordinance 2004-39
G. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE SWORN
IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. CU-2003-AR-4997, R. J. Ward, P.E., of
Spectrum Engineering, Inc., representing Bishop John J. Nevins and the
Catholic Archdiocese of Venice requests Conditional Uses 2 and 3 of the
Residential Single Family (RSF) Zoning District for a church, school,
gymnasium, and accessory uses per LDC 2.2.4.3. The property is located at
2760 52nd Terrace S. W. Golden Gate Unit 6, Blocks 204 and 205. Property
is in Section 28, Township 49 South, Range 26 East, Collier County,
Florida. This property consists of 6.2± acres
Resolution 2004-220
H. THIS ITEM REQUIRES THAT ALL PARTICIPANTS BE
SWORN IN AND EX PARTE DISCLOSURE BE PROVIDED BY
COMMISSION MEMBERS. PUDZ-A-2003-AR-4788, Robert A.
Soudan, Sr. represented by D. Wayne Arnold, AICP, of Q. Grady Minor
&Associates, P.A., requesting a rezone from Planned Unit Development
26
June 22, 2004
(PUD) and Residential Single-Family (RSF-4) to Planned Unit
Development (PUD) known as Goodlette Corner PUD for the addition
of a 0.32 acre parcel lying immediately west of the current PUD for
commercial land uses consisting of office, service and low to moderate
intensity retail. Property is located at l191 Pine Ridge Court, in Section
l5, Township 49 South, Range 25 East, Collier County, Florida,
consisting of 8.8± acres.
Ordinance 2004-40
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
27
June 22, 2004