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Recap 11/18/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA November 18, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice-Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 November 18, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Fisher, First Baptist Church of Naples 2. AGENDA AND MINUTES Ae Be De 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 w/changes - 5/0 October 7, 2003 Value Adjustment Board Special Masters Meeting Approved as presented - 5/0 October 8, 2003 Value Adjustment Board Special Masters Meeting (rear half of room) Approved as presented - 5/0 October 8, 2003 Value Adjustment Board Special Masters Meeting (front half of room) Approved as presented - 5/0 October 8, 2003 Board of County Commissioners/Land Development Code Meeting Approved as presented - 5/0 2 November 18, 2003 Fe October 13, 2003 Value Adjustment Board Meeting Approved as presented - 5/0 Ge October 14, 2003 Board of County Commissioners Regular Meeting Approved as presented - 5/0 October 21, 2003 Board of County Commissioners/Collier County Public School Board Meeting Approved as presented - 5/0 November 3, 2003 PUD Monitoring Workshop Approved as presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to recognize Abe Skinner, Property Appraiser, for his 35 years of service and dedication to the residents of Collier County. Adopted - 5/0 Be Proclamation to designate the month of November as National Hospice Month. To be accepted by Diane Cox, President and CEO of Hospice for Naples. Adopted - 5/0 Ce Proclamation to designate December 1, 2003 as World AIDS Day. To be accepted by Cle Tenerowicz, Anthony Racey and Karen Simander. Adopted - 5/0 De Proclamation to designate the week of November 21-27, 2003 as Farm City Week. To be accepted by David Santee. Adopted - 5/0 Ee Proclamation to recognize Collier County Transportation Road Maintenance employees, Nancy Summers, Javier Hoyos and Raymond Arca who exceed expectations with their good deeds and examples. Adopted- 5/0 3 November 18, 2003 5. PRESENTATIONS Ae Presentation of the Phoenix Awards by John Dunnuck, Public Services Administrator. Presented to EMS Personnel Recommendation to recognize Joyce Ernst, Planner, Community Development and Environmental Services Division as Employee of the Month for November 2003. Presented 6. PUBLIC PETITIONS e Ae Public Petition request by Mr. Gerald Bums to discuss Kensington PUD. To be brought back on a future BCC Agenda - 5/0 Be Public Petition request by Mr. Bob Stone to establish a resolution to appoint members to a Charter Commission for the purpose of the study and writing of a Charter document for Collier County in accordance with Florida Statutes 125.60-64. To be brought back on a future BCC Agenda - 5/0 Public Petition request by Mr. F. Joseph McMackin III, regarding City of Naples Airport Authority, Petitioner, v. Federal Aviation Administration, Respondent, Case No. 03-1308, United States Court of Appeals for the District of Columbia Circuit. County Attorney's office to work with Mr. Joseph McMackin's office to help file letter of endorsement - 5/0 BOARD OF ZONING APPEALS Ae Item continued to the December 2~ 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure bl; provided by Commission members, PUDZ-2003-AR-VA-2003-AR-4525, James B. Malless AICP, of Wireless Planning Services, LLC, representing Pinnacle Towers Inc., requesting a variance to reduce the required tower to residential separation dictated by Section 2.6.35.6.2. from a distance of 1,750 feet to 1,060 feet. A variance is also requested from Section 2.2.2.4.3. to reduce the side yard setback for the northwest guy anchor from 30 feet to 24 feet. A third variance is requested for the tower to exceed the 250 foot 4 November 18, 2003 ge Ce tower height limitation by 450 feet to allow a communications tower at 700 feet in height, as established in the agricultm'al zoning district within Section 2.6.35.6.2.3. (Companion to CU-2003-AR-4524) Item continued to the December 2, 2003 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure provided by Commission members CU-2003-AR-4524 a Resolution providing for the establishment of Conditional Use "13" in the "A" Rural Agricultural Zoning District for a communications tower pursuant to Section 2.2.2.3.13 of the Collier County Land Development Code for property located in Section 3, Township 51 south, Range 26 east, Collier County, Florida. (Companion to VA-2003-AR-4525) ADVERTISED PUBLIC HEARINGS Be Request the Board approve an ordinance amending Chapter 110, Article II of the Collier County Code of Laws and Ordinances, which Amendment (1) except for Naples Park, prohibits the enclosure of swales Within the public rights-of-way but provides guidelines to permit the enclosure of swales on a case-by-case basis, and (2) authorizes ongoing inspections of, and requires necessary improvements and repairs to, existing culverts and swale enclosures within the public rights-of-way. Ordinance 2003-58 Adopted - 5/0 This item requires that all participants be sworn in and ex partc disclosure be provided by Commission members. Item continued fro- the October 28, 2003 BCC Meeting. PUDZ-2003-AR-3607, Jeff Davidson, PE, of Davidson Engineering Inc., representing Barton and Wendy McIntyre and Joseph Magdalen,r, requesting changes to the existing Nicaea Academy PUD Zoning. The proposed changes to the PUD document and master plan will eliminate the uses of private school and assisted living facility and allow for a minimum of 580 residential dwelling units. The property to be considered for this rezone is located on the east side of Collier Boulevard (CR 951) south of the Crystal Lake PUD, in Section 26, Township 48 south, Range 26 east, Collier County, Florida. This property consists of 119+ acres. Ordinance 2003-64 Adopted - 5/0 w/changes Item continued from the October 28, 2003 BCC Meeting Approve an ordinance to be known as the Advanced Broadband Infrastructure 5 November 18, 2003 Investment Ordinance, establishing an advanced broadband infrastructure investment program available to eligible businesses to encourage private sector investment in advanced broadband infrastructure. Ordinance 2003-59 Adopted - 4/1 (Commissioner Itenning opposed) Item continued from the October 28, 2003 BCC Meeting Approve an ordinance to be known as the Job Creation Investment Ordinance; approve an associated budget amendment for $400,000; establish the job creation investment program available to eligible businesses to mitigate the economic effects of increased development fees and relocation or expansion costs. Ordinance 2003-60 Adopted - 4/1 (Commissioner Henning opposed) ge Item continued from the October 28, 2003 BCC Meeting. Approve an ordinance to be known as the Fee Payment Assistance Ordinance; establish a Fee Payment Assistance Program allocating $950,000 to eligible businesses to mitigate the economic effects of increased impact fee rates. Ordinance 2003-61 Adopted - 4/1 w/changes (Commissioner Henning opposed) Fe Item continued from the October 28, 2003 BCC Meeting Approve an ordinance to be known as the Property Tax Stimulus Ordinance; establish a property tax stimulus program available to eligible businesses to mitigate the economic effects of increased relocation and expansion costs. Ordinance 2003-62 Adopted - 4/1 w/changes (Commissioner Henning opposed) Ge Item continued from the October 28~ 2003 BCC Meeting, Adoption of an ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances, as amended by Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, by establishing a deferral program for the Immokalee Area to reduce the economic effects of increased impact fee rates. Ordinance 2003-63 Adopted - 5/0 w/changes BOARD OF COUNTY COMMISSIONERS Ae Item continued from the October 28~ 2003 BCC Meetinu Impact fee credits for existing building or structures. (Commissioner Henning) Discussed; To be brought back at a future BCC Meeting 6 November 18, 2003 Be Appointment of members to the Black Affairs Advisory Board. Resolution 2003-415 Appointing Antoine L. Washington and Eloy Ricardo - Adopted 5/0 Ce Appointment of members to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2003-416 Re-appointing Carol Wright and appointing William Llewellyn Schmidt - Adopted 5/0 Recommendation of adopting a resolution to dissolve the Health and Human Services Advisory Committee due to meeting goals and objectives set forth by the Board of County Commissioners and to provide a final report of activities of the committee. (Commissioner Coletta) Resolution 2003-417- Adopted 5/0 10. COUNTY MANAGER'S REPORT Ae Approve the settlement in the lawsuit entitled Collier County v. WCI Communities, Inc., to allow construction of the Vanderbilt Beach parking garage. (John Dunnuck, Public Services Administrator.) Approved - 5/0 Be Approve a purchase agreement for $635,000 and accept a warranty deed for land located within the area known as the Gateway Triangle for the purpose of stormwater retention, contingent upon an environmental audit suggesting only minimal concerns (or none at all) and give staff direction and approval with regard to future purchases for this project. (Norman Feder, Transportation Services Administrator.) Approved - 5/0; Staff to approach CRA regarding future purchases on stormwater projects and to get help with funding through TIF funds from local advisory board Continued to C. December 2, 2003 BCC Meeting To obtain Board approval to award RFP #03-3505 ransportat]on Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Transportation Services Administrator.) De Presentation of Collier County's 2003-2004 Legislative Priorities Program. (Beth Walsh, Assistant to the County Manager) 7 November 18, 2003 Issue 1 - Approved w/inclusion of Social Security # and Driver's License # - 5/0; Issues 2-11 - Approved 5/0 Withdrawn E. Adopt a resolution authorizing condemnation of temporary easement interests required for the construction of a six-lane section of Vanderbilt Beach Road between Airport Road and Collier Boulevard (CR 951) (Capital Improvement Element Nos. 24 and 63, Project No. 63051). Estimated fiscal impact: $665,900. (Norman Fcder, Transportation Services Administrator) Moved from Item #16Al0 - then Withdrawn F. Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. -at the Lake Trafford Marina and adjacent park from Noon to 5 p.m. Moved from Item #16B6 G. Approve Change Order No. 1 in the amount of $3,830,285.95 to Apac~ Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02-3419) Approved -4/1 (Commissioner Coyle opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Jim Kramer on politics 12. COUNTY ATTORNEY'S REPORT Ao Approval of settlement agreement and mutual release between Collier County, Texas Industries, N.V., and Collier Cultural and Educational Center in reference to Case No. 01-4571-CA-HDH that is now pending in the Twentieth Judicial Circuit Court for Naples, Collier County, Florida. Approved w/changes - 5/0 Bo Approval of Resolution No. 2003- which authorizes the expenditure by the Hispanic Affairs Advisory Board of funds in an amount less than $60.00 for a recognition plaque to be awarded to the "Hispanic Affairs Advisory Board Citizen of the Year". Motion to deny request - Approved 5/0 8 November 18, 2003 13. 14. OTHER CONSTITUTIONAL OFFICERS AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager discussed December 2 BCC Meeting Agenda, 2ua day being December 3rd (9:00 Time Certain-Coconilla) B. Beach Renourishment letter (Naples City Council - Mayor MacKenzie) C. Fleishmann Land Acquisition Letter D. Collier County Delegation Meeting November 26, 2003 E. Commissioner Halas tour of North Naples Wastewater Facility F. Commissioner Coyle met w/Naples City Council and they are interested on the final report results on the Overpass G. Commissioner Henning concerned by the City of Naples views on the County's Bed-Tax Issue and a need for partnering with each other H. Request by City of Naples to have a workshop (Set for early January 2004) 16. CONSENT AGENDA-AIl matters listed under this item are routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted w/changes - 5/0 Ao COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Item continued from the October 28~ 2003 BCC Meeting. Request to grant final approval of the roadway (private), drainage, water and sewer improvements £or the final plat o£"Links at the Strand". The roadway and drainage improvements will be privately maintained, the water and sewer improvements will be maintained by Collier County. Resolution 2003-383 - w/release of maintenance security 2) Authorization for the Environmental Services Staff to approve off site relocation of gopher tortoises for Horse Creek Estates (formally known as Little Palm Island) prior to final plat approval. 3) Execute the Participating Party Agreement (PPA) with the Florida Agricultural Products, Inc., to occupy the Immokalee Airport hlovember 18, 2003 Manufacturing Facility II and comply with the State of Florida Small Cities Community Development Block Grant (CDBG) Agreement and approve budget amendments in the amount of $21,000 to allocate funding for leasehold improvements to accommodate the tenant needs. 4) Board of County Commissioners adopt resolution as recommended by the Collier County Water and Wastewater Authority to support continued inclusion of Local-Sources-First policy contained in Chapter 373, Florida Statutes, and oppose any amendment to Florida's Water Resource Policy which will allow, encourage or promote water transfers fi.om one geographic area into other geographic areas. Resolution 2003-384 5) Request to approve for recording the final plat of"McCarty Subdivision" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 6) Lien Resolutions-Code Enforcement Case Numbers: 2003051172/Barbara L. Galloway; 2003050814/Norman Snellings; 2003080456/Dominguez, et al, John R.; 2002120967/Lewis Tr., Evelyn G; 2003080900/Hu11, Richard and Rosana; 2003080900/Hu11, Richard and Rosana; 2003070998/Silver Trs., Stuart; 2003050760/Dominguez, et al, John R.; 2002120283/Gray, Est., Charlie Mae; 2003010033/Ramirez, Licimaco; 2003050823/Buitrago, Alvaro; 2003070388/Patton, Lorraine and Ellison, Nicole; 2003060309/Caspain Builders, LLC; 2003080928/Wilkinson-Meffert Construction Co., 2003070373/Wilkinson-Meffert Construction Co; 2003070376/Wilkinson-Meffert Construction Co; 2003070375/Wilkinson_Meffert Construction Co; 2003070378/Wilkinson-Meffert Construction Co; 2003040809/Montclair Fairway Estates Bldg, Corp; 2003060185/Fenton, Bonnie; 2003060304/Avila, Filomeno and Maria; 2003070439/Wisniewski, Leonard; 2003070528/Schumacher, Hermann; and 2003050827/LaRue, Claude. Resolution 2003-385 thru Resolution 2003-409 10 November 18, 2003 7) Approval of the mortgage and promissory note granting a two hundred thousand ($200,000) dollar loan to Creative Choice Homes XIV, Ltd., through the Affordable Housing Rental Development Assistance Program. -to enhance the development of workforce housing 8) That the Board of County Commissioners authorize the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resources Permitting Program. - for responsibilities including: the Management and Storage of Surface Waters permit programs (under subsections 373.414(11)- (16) 9) Petition CARNY-2003-AR-5015, Pastor Ettore Rubin, c.s., Our Lady of Guadalupe Church, requesting permit to conduct a carnival from November 26 through November 30, 2003, on the church property located at 207 South 9th Street in Immokalee. Carnival Permit 2003-06 Moved to Item #10F 10) Request by the Lake Trafford Task Force for reimbursement of a permit for amplified music for a free concert given by the United States Navy Band Country Currents to be held November 16, 2003. -at the Lake Trafford Marina and adjacent park from Noon to 5 p.m. 11) Board of County Commissioners to provide direction to staff to amend the redevelopment plan applicable to the Immokalee Community Redevelopment Area (CRA) to authorize the use of the specified tax increment financing funds for the Immokalee Residential Impact Fee Deferral Program, Fee Payment Assistance Program, or Property Tax Stimulus Program, as a partial funding source for the programs as recommended by the Immokalee Community Redevelopment Advisory Board and the Community Redevelopment Agency. -as detailed in the Executive Summary B. TRANSPORTATION SERVICES 11 November 18, 2003 1) Item continued from the October 28~ 2003 BCC Meeting. Request the Board approve a resolution implementing certain procedures and guidelines to standardize Traffic Impact Studies (TIS). Resolution 2003-410 2) Request the Board approve a resolution to amend the Construction Standards Handbook for work within the public rights-of-way, by (1) permitting only one driveway access for lots having frontage of less than 100 feet, subject to case-by-case review of requests for deviation from this policy, and (2) eliminating the requirement for securing a permit to perform turf maintenance in public rights-of-way. Resolution 2003-411 3) Approve a resolution to allow the Chairman of the Board of County Commissioners to enter into a joint project agreement (JPA) with the Florida Department of Transportation (FDOT) to provide for the construction of Phase Two of the countywide Advanced Traffic Management System by Collier County. Resolution 2003-412 4) This item has been deleted. s) Authorization to increase Collier Area Transit monthly bus pass fare and establish an express daily fare and monthly premium bus pass. Moved to Item #10G 6) Approve Change Order No. 1 in the amount of $3,830,285.95 to Apac-Florida, Inc., to incorporate two additional travel lanes to the Immokalee Road and Utility Improvement Project, from CR 951 to 43rd Avenue NE, Project No. 60018. (Bid No. 02-3419) 7) This item has been deleted. 8) Board approval to utilize Transit Enhancement Funds (313) to purchase four new transit buses under State Contract Number FVPP- 02-MD, trolley decal wraps and necessary equipment (in the estimated amount of $547,248). -from Transit Plus, Inc. 12 November 18, 2003 Ce 9) Board approval of Adopt-A-Road Program Agreements at the Board of County Commissioners meeting on November 18, 2003. PUBLIC UTILITIES 1) Approve a work order amendment, under Contract/tO 1-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers for Work Order HM-FT-02-07, Hideaway Beach Renourishment Design, Project 90502, for an additional $1,262.50 -Amendment #1 2) Authorize a work order to Professional Service Industries (PSI) under Contract No. 03-3427 ("Environmental Engineering, Remediation and Restoration Services for Collier County") for design services for the improvements to the Naples Landfill Household Hazardous Waste Center, truck scales, scalehouse and County landfill operations center in the amount not to exceed $125,000. -Work Order #552-G3158 3) 4) 5) 6) Award Bid #03-3566 to Atlantic Truck Center and approve budget amendment for the purchase of one replacement roll-off truck in the amount of $98,285.00. -to ensure effective and efficient operation of Solid Waste Management Department recycling center operation Waive formal competition for the purchase of 200 remote transmitting units and standardize the acquisition of radio telemetry for wastewater pumping stations on data flow systems, in the amount of $1,333,307 for Project 73922. -w/DataFlow Systems Award a contract to Douglas N. Higgins, Inc. for construction of the Reuse Water System Service Connections, Phase 2, Bid 03-3560, Project No. 74020, in the amount of $577,000. Approve the purchase of a 6.66-acre site on 9th Street SW, Naples, Florida, located adjacent and contiguous to the Raw Water Booster Pumping Station at a cost not to exceed $198,985 (Project 71008). 13 November 18, 2003 7) 8) -from Marvin and Beverly Mielke (Tract 136, Unit No. 9, Golden Gate Estates) Accept and authorize the Chairman to execute a grant agreement from the South Florida Water Management District in the amount of $100,000 for the Manatee Road Four New Potable Water Aquifer Storage and Recovery (ASR) Wells System, Project 70157. -(SFWMD Contract No. DG040634) Amend Work Order CDM-FT-02-5 with Camp Dresser McKee for professional engineering services for the Manatee Road Four New Potable Water Aquifer Storage and Recovery Wells Project, Contract 00-3119, in the amount of $383,310, Project No. 70157. -Amendment #1 De 9) Pursuit of legislative support for wastewater and storm water grants under the Florida Water Quality Improvement and Water Restoration Grant Program. PUBLIC SERVICES Continued to December 2, 2003 BCC Meeting 1) Authorize the expenditure of budgeted funds for the development of Best Friend Park. -Source of funds are ad valorem taxes 2) Award contract for RFP 03-3463 "Parks and Recreation Management Software" to Class Software Solutions in the amount of $72,337.50. -Tracking system software 3) Approval of a Certificate of Public Convenience and necessity for the Collier County Emergency Medical Services Department. -Renewal for the Year 2004 4) Recommend that the Chairman sign an agreement with the Agency for Health Care Administration that would authorize the use of $164,280 from the FY '04 Human Services Department budget to be considered part of a local match requirement to obtain State and Federal funding to operate a primary care clinic in the Greater Naples community. 14 November 18, 2003 5) -to continue to operate the Horizon's Primary Care Clinic located at 5262 Golden Gate Parkway Authorize a budget amendment recognizing Community Development Block Grant revenue in the amount of $684 for the Human Services Department to provide prescription medications to low income residents in Immokalee. ge 6) Approve the purchase of a Telestaff Automated Staffing System from Principal Decision Systems International (PDSI) in the amount of $38,790 to be purchased with the State of Florida 100% grant funds. -to be used by the EMS Department ADMINISTRATIVE SERVICES 1) Approve extension of Contract 02-3345 Annual Contract for Underground Utility Contracting Services. -until February 29, 2004 or until a new contract is awarded, whichever is sooner 2) Approve extension of Contract 02-3359 Annual Contract for Telemetry Service. -until February 29, 2004 or until a new contract is awarded, whichever is sooner 3) 4) 5) Request approval from the Board of County Commissioners to provide funds from operating budgets for high speed intemet service for select management staff who require access to County data resources from their homes. -to provide funding for staff to utilize broadband capabilities to access county data resources by way of VPN Recommendation to award Bid No. 04-3574, Appraisal Services for GAC Land Trust. (Estimated value not to exceed $5,000.00) -to The Appraisal Shoppe, Inc. Approve and authorize the execution of a partial release of easement for a portion of that certain temporary beach restoration easement recorded in Official Records Book 2066, Pages 917-920. The total 15 November 18, 2003 6) 7) 8) 9) cost of this request will not exceed $10.50. Recommendation to award RFP No. 03-3555, Bi-Weekly 30-Minutes News Magazine Television Show (estimated value $60,000.00). -to the Naples Studio Recommendation to award Bid No. 03-3563, Communications Services. (Estimated value $50,000.00) -to Aztek Communications and Kent Technologies as primary and secondary vendors Recommendation to approve Cigna Dental Plan as the provider of group dental insurance coverage. -due to its cost savings, the ability to meet or exceed current coverage offered, the ability to avoid the problem of balance billing to employees if participating dentists are used, and due to the ability to offer an orthodontia discount not currently available; Plan effective January 1, 2004 Recommendation to declare certain County-owned property as surplus and authorize a sale of the surplus property on December 13, 2003. -as detailed in the Executive Summary Report and ratify staff-approved change orders and changes to work orders to Board approved contracts. -for the period beginning on or about October 1, 2003 through October 31, 2003 Approve a budget amendment in the amount of $94,893 to execute Change Order No. 1 increasing Contract No. 02-3377 with Brooks and Freund, LLC, for the construction of the North Naples Government Service Center. -located on the Library Headquarters site on Orange Blossom Drive Approve selection committee ranking of firms for contract negotiations for RFP 03-3549, "Consultant Services for Developing a Public Land Survey Section (PLSS) base layer for the County's Geographic Information System (GIS)." (Estimated dollar amount of contract is $250,000.) 10 November 18, 2003 -with Johnson Engineering, Inc., WilsonMiller, and Coastal Engineering Consultants, Inc. COUNTY MANAGER Ge 1) Approve Agreement #04HM-9-09-21-15-001 between the State of Florida, Department of Community Affairs and Collier County in the amount of $83,640 (75% State/25% Local) to provide wind protection to eight (8) public safety facilities as specified in Collier County's local mitigation strategy and approve a budget amendment to recognize and appropriate revenue. -for 7 Fire Stations and the County's Helicopter Operations Hanger AIRPORT AUTHORITY Je BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala's request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to interact with constituents 2) Commissioner Halas' request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to support program and interact with constituents 3) Commissioner Coletta's request for approval for payment to attend the Lake Trafford Lives On event. -on Sunday, November 16, 2003 from Noon to 5 P.M., in the amount $25.00 to support program and interact with constituents MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 17 November 18, 2003 ge 1) 2) 3) Recommendation to adopt the budget amendment appropriating carry forward and expenditure budgets for open purchase orders for non- project funds and for unexpended budget for project funds at the end of fiscal year 2003. -as detailed in the Executive Summary Request that the Board of County Commissioners approve a budget amendment for Wireless 911 expense related to GIS mapping and 911 data base in the amount of $53,000. 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. -for the period October 18, 2003 through November 14, 2003 COUNTY ATTORNEY 1) 2) 3) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 130 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. -$16,500.00 to be paid to Respondents, David J. and Dorothy W. Frey and $500.00 for planning fees, as detailed in the Executive Summary Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 132 in the lawsuit styled Collier County v. David J. Frye, et al, Golden Gate Parkway Project No. 60027. -$12,500.00 to be paid to Respondent, Gerald r. Frey, Trustee of the Gerald R. Frey Trust and $500.00 for planning fees Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 120 in the lawsuit styled Collier County v. Calusa Pines Golf Club LLC, et al, Case No. 02-5140-CA (Immokalee Road, Project No. 60018). -$642,500.00 to be paid to Respondents in full settlement of all 18 November 18, 2003 4) 5) claims, excluding experts' fees and costs; Petitioner shall also pay the additional sum of $51,645.00 Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement relative to the Acquisition of Parcel 112 in the lawsuit styled Collier County v. Norma E. Banas, et al, Case No. 02-5137-CA (Immokalee Road, Project No. 60018). -$241,000.00 to be paid to Respondents in full settlement of all claims, excluding experts' fees and costs; Petitioner shall also pay the additional sum of $29,040.00 as statutory attorney fees; Collier County to pay an additional amount of $130,290.00 equaling the balance of full compensation and attorney fees This item has been deleted. 17. 6) Recommend that the Board consider ratifying a settlement agreement in the case of Emerald Lakes Residents' Association v. Collier County, Case No. 02-2364-CA. 7) Approve the settlement agreement relative to a code enforcement lien imposed on property located on 1020 DeSoto Boulevard, Naples, Florida, and upon transfer of property to Collier County, authorize the execution and recording of a release of lien. -as detailed in the Executive Summary 8) Approve the mediated settlement as to Parcel 125,702, 703, 825A and 825B in the lawsuit entitled Collier County v. Edith G. Street, et al, (Goodlette-Frank Road Project 60134). Total cost of $346,250. -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 19 November 18, 2003 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. Ao This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2003- AR-4055, Peter Goodin, representing Oakes Estates Advisory, Inc., requesting a street name change from 12th Avenue Northwest to Bur Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2003-413 Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition SNR-2003- AR-4058, Peter Goodin, representing Oakes Estates Advisory Inc., requesting a street name change from 10th Avenue Northwest to English Oaks Lane, which street is located in Unit 96, of the Golden Gate Estates Subdivision, located in Section 32, Township 48 south, Range 26 east, Collier County, Florida. Resolution 2003-414 Continued to December 2, 2003 BCC Meeting C. This item requires that all participants be sworn in and ex partc disclosure be provided by Commission members CU-2003-AR-3906 St. Paul's Antiochian Orthodox Church, requesting Conditional Uses 7, 11 and 16 in the "A" Rural Agricultural with Mobile Home Overlay (A-MHO) Zoning District per LDC Section 2.2.2.3.7, to allow a church/place of worship, a child day care center and an assisted living facility on 8.3+ acres located on the west side of River Road, abutting the south side of Immokalee Road in Section 30, Township 48 south, Range 27 east, Collier County, Florida. De To adopt a resolution approving amendments to the Fiscal Year 2002-03 Adopted Budget. BAR-2003-04 18. ADJOURN 20 November 18, 2003 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 21 November 18, 2003