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Recap 12/16/2003 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA December 16, 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. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 1 December 16, 2003 IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES Ae Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0 Be November 14, 2003 - Community Redevelopment Agency Approved as presented - 5/0 Ce November 18, 2003 - Regular BCC Meeting Approved as presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS Ae Proclamation to designate December 17, 2003, as A Commemoration of the First Manned Powered Flight. To be accepted by Duke Vasey, Chairman, Collier County Airport Authority. Adopted - 5/0 Be Proclamation to designate Sunday, December 21, 2003, as National Homeless Persons' Day. To be accepted by Mary Soucek, Chairperson and Petro Jones, Incoming Chairperson, Catholic Charities of Collier County. Adopted - 5/0 2 December 16, 2003 5. PRESENTATIONS 0 Ae Recommendation to recognize Amy Tozier, Case Manager, Human Services Department as Employee of the Year 2003. Recognized PUBLIC PETITIONS Ae Item continued from the December 2, 2003 BCC Meeting. Public Petition request by Mr. Charles H. Gunther regarding the removal of the Gateway Triangle from the Community Redevelopment Agency. No Action Taken 7. BOARD OF ZONING APPEALS ge Ae Item continued from the December 2, 2003 BCC Meeting ADA-2003-AR- 4351 Anthony P. Pires, Jr., of Woodward, Pires and Lombardo, P.A., representing Keith and Sue Orschell, requesting an appeal to interpretation AR-4119 pursuant to Division 1.6 and Sections 2.7.3.5.2.2., 5.3.2.1. and 5.3.2.2. of the Collier County Land Development Code (LDC), for replacement of a mobile home in the rural agricultural (A) zoning district for property located at 6167 Adkins Avenue in Section 12, Township 49 south, Range 25 east, Collier County, Florida. Appeal Denied and Planning Directors Interpretation Accepted - 5/0 Staff to look at code and come up with something more definitive - 4/1 (Commissioner Henning opposed) Be This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2002-AR-2354, William Hoover, AICP, of Hoover Planning and Development, Inc., representing Pastor Roy Shuck of Faith Community Church, requesting Conditional Uses 3 and 4 of the "E" Estates District to add a child care and pre-school to the existing Faith Community Church, located at 6455 22nd Avenue NW, further described as part of Tracts 15 and 16, Golden Gate Estates Unit 97. Resolution 2003-462 Adopted with changes - 5/0 ADVERTISED PUBLIC HEARING Ae Public Hearing for the 2003 Cycle 2 Growth Management Plan Amendments (adoption hearing). 3 December 16, 2003 CPSP- 2003-4 Approved-5/0 CPSP-2003-5 Approved-5/0 with amendments CPSP-2003-6 Approved-5/0 CPSP-2003-7 Approved-5/0 CPSP-2003-8 Approved-5/0 with changes CPSP-2003-9 Approved-5/0 Ordinance 2003-67 - Adopted 5/0; Transmitting Amendments to DCA - Approved 5/0 This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3905, Terry Kepple, PE, of Kepple Engineering, Inc., representing Stewart Marcus, requesting a rezone from "RSF-1" to "PUD" Planned Unit Development to be known as the Carlisle Regency PUD. The project will consist of a maximum of 35 residential dwelling units and is located at the southeast comer of the intersection of Orange Blossom Drive and Yarberry Lane, in Section 2, Township 49 south, Range 25 east, Collier County, Florida, consisting of 11.7+ acres. Ordinance 2003-66 Adopted w/changes - 5/0 Moved from Item #17D C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey-Knopke, LLC, requesting a rezone from the "A' rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units/acre. The property to be considered for this rezone is located on the east side of Goodlette-Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21 + acres. Ordinance 2003-68 Adopted - 4/0 (Commissioner Coyle out) 9. BOARD OF COUNTY COMMISSIONERS Ae Appointment of members to the Ochopee Fire Control District Advisory Committee. 4 December '16, 2003 10. Be Ce De me Fe Ge He Resolution 2003-463 Appointing Jane Bee and Julianne Ballard, re- appointing John Powell - Adopted - 4/0 (Commissioner Coyle out) Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2003-464 Appointing Jeffery Scott Carl - Adopted - 4/0 (Commissioner Coyle out) Appointment of members to the Golden Gate Community Center Advisory Committee. Resolution 2003-465 Re-appointing Kaydee Tuff and Vicki Clavelo - Adopted - 4/0 (Commissioner Coyle out) Appointment of member to the Environmental Advisory Council. Resolution 2003-466 Appointing Joseph Gammons - Adopted - 4/0 (Commissioner Coyle out) Appointment of members to the Development Services Advisory Committee. Resolution 2003-467 Appointing William J. Varian and re-appointing Blair A. Foley, Thomas Masters, Peter Van Arsdale, Marco Espinar and Brian E. Jones - Adopted - 4/0 (Commissioner Coyle out) Confirmation of member representing the EDC to the Revenue Commission. Resolution 2003-468 Appointing Jamison Savage - Adopted - 4/0 (Commissioner Coyle out) Staff analysis and drafting of an ordinance to regulate the Landscaping Mitigation Bank. (Commissioner Henning) Approved - 4/0 (Commissioner Coyle out) Board of County Commissioners item for discussion, public input and consideration of decision relating to Charter County Form of Government. (Commissioner Henning and David Weigel) Denied 5/0; Motion to appoint a Charter Commission w/set dollar amount in cooperation with Supervisor of Election to be placed on 2004 General Election Ballot - 5/0 COUNTY MANAGER'S REPORT 5 December 16, 2003 Ae To obtain Board approval to award RFP #03-3505 "Transportation Roadway Asset Inventory Database" and authorize staff to commence negotiations. Estimated fiscal impact to be $250,000. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Item continued from the December 2, 2003 BCC Meeting Provide information to the Board of County Commissioners on hours of operation for construction activities including excavating operations. (Joseph K. Schmitt, Administrator, Community Development) Denied (hours of operation) - 5/0; Recommendation to review hours of operation on a site-by-site basis with County Manager regarding safety and noise issues Moved to Item #14A C. Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Gene Schmidt, Executive Director, Airport Authority me Provide information and clarification on the provisions set forth by Code of Laws Section 74-201, the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, regarding impact fee assessments for changes of use or new/added development/intensity. (Joseph K. Schmitt, Administrator, Community Development) Motion to continue to use existing procedures - Approved 4/1 (Commissioner Henning opposed) Authorize staff to proceed with financing requirements to purchase a 49.81- acre parcel of land located in the northeast quadrant of the intersection of Goodlette-Frank Road and Golden Gate Parkway, providing for drainage improvements, transportation improvements and environmental protection. Fiscal impact not to exceed $20,300,000. (Norman Feder, Transportation Services Administrator.) Resolution 2003-469 Adopted - 5/0 Award a contract to Southwest Utility Systems, Inc., for construction of the Vanderbilt Beach Road Reclaimed Water Main, Bid #03-3529, Project 74034, in the amount of $845,415. (Jim DeLony, Administrator, Public 6 December 16, 2003 Utilities) Approved - 5/0 Approve a Development Agreement with Stock Development LLC, which among other things, resolves a long-standing issue involving the Lely Resorts PUD and Development Order, and which agreement includes (1) the conveyance to the County, at no cost, of needed right-of-way along Collier Boulevard, and Rattlesnake-Hammock Road and for certain intersection improvements; (2) allows for needed stormwater management projects; (3) requires developer to construct, in place of a six lane roadway, a four lane roadway from Rattlesnake-Hammock Road to Lely Resort Boulevard; (4) requires developer to construct sidewalks, and provide bicycle racks and easements for County bus shelters; (4) requires developer to pay County $200,000 for County's overlay of Lely Boulevard; and (5) requires the County give final acceptance for the maintenance of certain roadways which were previously preliminarily accepted by the County. (Norman Feder, Administrator, Transportation Services Division) Approved - 5/0 Direct County Attorney to file appropriate motions to pursue the recovery of funds deposited with the Registry of the Court. (Mike Smykowski, Director, Office of Management and Budget) Approved - 5/0 Recommend that the Board of County Commissioners approve an agreement with the agency for Health Care Administration and Naples Community Hospital for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $438,915 in Federal Matching Funds annually. (John Dunnuck, Administrator, Public Services) Approved - 5/0 That the Board of County Commissioners approve an agreement and plan to provide out of county transports for Naples Community Hospital (NCH) Healthcare Systems Facilities. (John Dunnuck, Administrator, Public Services) Approved - 5/0 7 December 16, 2003 Ke Item continued from the December 2, 2003 BCC Agenda. Approve a Tourist Development Tax Category "A" Funding Policy for beach renourishment and beach park facilities. (Jack Wert, Tourism Director) Approved - 5/0 Added L. A request for a permit to conduct a carnival hosted by the Naples Junior Chamber of Commerce. (Staff request) CP-2003-09 Approved - 5/0 Added M. Approve an interim agreement between Schenkel Shultz and Collier County to act as architect for the Naples Jail project and retain services of TKW Consulting Engineers, Inc., TLC Engineering for architect, Walker Parking Consultants and Goetz and Stopes Landscaping, retroactive to December 3, 2003 after declaration of emergency. (S taft request) Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY Moved from Item #10C A. Approve Budget Amendment recognizing award of Federal Aviation Administration Grants, eliminating a previously approved project, and returning net adjustment to General Fund. (Gene Schmidt, Executive Director, Airport Authority Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. 8 December 16, 2003 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Lien Resolutions-Code Enforcement Case Numbers: 2003050858/Olga Hirshhorn; 2003070722/Aurora Bros; 2003051051/Buitrago, Alvaro; 2003060548/Cook, Wesley; 2003070586/Stonestreet, William; 2003060299/Tsalach Investments, LLC; 2003060608/Baron, Mimon; 2003070986/Lora, Bulfrano; 2003070987/Lora, Bulfrano; 2003070985/Lora, Bulfrano; 2003080288/Condon, Lelly; 2003081510/CNC Investments LLC; 2003081093/Shelton, Randolph; 2003080966/Ramos, Luis & Maryorie; 2003090114/Galloway, Barbara; 2003070674/Dion, Cheryl; 2003071414/Tremblay, Claudette, 2003080361/Seva Est., Armand and 2003080930/Wilkinson-Meffert Const. Co. Resolution 2003-431A thru Resolution 2003-449 2) Petition AVESMT2003-AR4290 to disclaim, renounce and vacate the County's and the public's interest in a portion of the 10 foot wide utility easement conveyed to Collier County by separate instrument and recorded in Official Record Book 1040, Pages 1987 through 1993, and to accept a 15 foot wide relocation utility easement, located in Section 33, Township 48 south, Range 25 east, Collier County, Florida. Resolution 2003-450 3) 4) 5) Requesting Board approval of direction to staff and the County Attorney's Office to take all actions reasonably necessary to amend the Stipulated Settlement Agreement and Court Order pertaining to SDP-88-93, Dorset Park, to reflect approval of the Capital Center Conceptual Plan of Development for property located at the northwest comer of Coach House Lane and Airport-Pulling Road in Section 23, Township 49 south, Range 25 east, Collier County, Florida. Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-030. -in the amount of $1,385.15 Recommend that the Board of County Commissioners recognize a modification to United States Fish and Wildlife Service Cooperative 9 December '16, 2003 6) 7) 8) Agreement No. 1448-40181-98-J-021 to extend the period of performance from September 1, 2003 to December 31, 2003. Request to approve for recording the final plat of "Pelican Marsh Unit Twenty Six". - located in Section 34, Township 48 South, Range 25 East, Collier County. Request Board approval to allow Collier HMA to continue to utilize the name "Collier Regional Medical Center" or "Greater Collier Regional Medical Center" for their proposed new hospital and medical office site on Collier Boulevard in Collier County. Ratification of a Conditional Building Permit issued to Kelly and Wendy Paffel, for the construction of a swimming pool, deck, and cage that allows for a three (3) foot encroachment into the twenty (20) foot wide lake maintenance easement located in Pebblebrooke Lakes. 9) That the Board of County Commissioners approve a resolution that authorizes the Engineering Services Department to petition the South Florida Water Management District to delegate a portion of the Environmental Resource Permitting Program. Resolution 2003-451 10) Approve Professional Services Agreement No. 03-3473 in the amount of $337,466, for planning services to be provided by HDR, Inc., for a comprehensive zoning overlay for the Bayshore/Gateway Triangle Redevelopment. TRANSPORTATION SERVICES Withdrawn 1) Request the Board approve a resolution which permits the Transportation Services Division Administrator to accept on behalf of the County private donations of plants for the public benefit, and where appropriate, to give such plants for buffering to private property owners who have been impacted by public projects. 2) Approve a budget amendment for the Forest Lakes MSTU to transfer $587,000 from Reserves for future construction to Capital and 10 December 16, 2003 Operating Expenditure Budget. 3) Approve two Florida Communities Trust, Florida Forever Grant Contract Agreements, one in the amount of $1,909,200, reimbursement for the purchase of the Barefoot Beach Outparcel and one in the amount of $1,100,000, reimbursement for the purchase of mitigation lands for the Lely Area Stormwater Improvement Project and authorize the appropriate division administrator to execute all documents in connection with each project, as contemplated in the agreements. 4) Board approval to reject all bids received under Bid #03-3567 "Pine Ridge Industrial park M.S.T.U. Drainage Maintenance". 5) Approve the purchase of right-of-way Parcels 120 and 121 required for the expansion of Santa Barbara Boulevard and Golden Gate Parkway (Project No. 62081). Total fiscal impact: $602,808. - w/Parkway Church of Christ, Inc., a Florida Non-Profit Corporation, f/k/a/golden Gate Church of Christ, Inc., a Florida Non-Profit Corporation 6) Approve Change Order No. 13 in the amount of $234,015.51 to Ajax Paving Industries, Inc., for the Goodlette-Frank Road Project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. -allowing two additional lanes from Center Street to Orange Blossom Drive C. PUBLIC UTILITIES 1) Award Annual Bid #04-3575 for underground utility supplies to various vendors in the estimated amount of $1,000,000. -as detailed in the Executive Summary 2) Approve the Satisfaction 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 $66.00 to record the liens. -as detailed in the Executive Summary 11 December 16, 2003 3) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record lien. Resolution 2003-452 4) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full ibr the 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003-453 5) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the lien. Resolution 2003-454 6) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the ! 994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003-455 7) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to record the lien. Resolution 2003-456 8) Adopt a resolution approving the Satisfaction of Lien for a Solid Waste Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $12.00 to 12 December 16, 2003 record the lien. Resolution 2003-457 9) 10) 11) 12) 13) 14) 15) 16) Recommendation to approve the sole source purchase of cartridge filters from George S. Edwards Company Incorporated in the amount of $164,000. Approve a budget amendment for County-Wide Sand Search, Project 90527, in the amount of $425,000. Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for responding to permit agency comments and requests for information as part of County-Wide Sand Search, Project 90527, not to exceed $100,000. Approve a work order, under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Coastal Planning and Engineering for an environmental assessment in support of a lease agreement with the U.S. Minerals Management Services as part of County-Wide Sand Search, Project 90527, not to exceed $50,000. Approve Work Order CDM-FT-04-02 for utility engineering services related to South County Regional Water Treatment Plant Lime Softening Process, Project 70057, in the amount of $690,664. - w/Camp, Dresser, & McKee, Inc. Approve Work Order HS-FT-04-01 for utility engineering services related to North County Regional Water Treatment Plant Wellfield Reliability, Project 71006, in the amount of $622,350. - w/Hazen and Sawyer, P.C. Approve Work Order CDM-FT-04-01 to Camp Dresser and McKee Engineers for engineering services related to telemetry and scada upgrades for Manatee Pump Station in the amount of $120,696 for Project 70124. Authorize a work order under Contract No. 03-3427 to Professional Service Industries, Inc. (PSI) in an amount not to exceed $375,500 to 13 December 16, 2003 assist in the preparation of conceptual plans and construction documents to upgrade and reconstruct the facilities at the Immokalee, Marco Island, Naples Airport and Carnestown Recycling and Hazardous Waste Collection Centers. 17) Approve a blanket purchase order with U.S. Filter for maintenance and repair of odor control units at both the North County Water Reclamation Facility and the South County Water Reclamation Facility, in the amount of $163,231. 18) Approve a Utility Facilities Reimbursement Agreement with Southern Development Company, Inc. (Home Center Plaza). - estimated cost $72,630 19) Approve Contract 03-3517 with Greeley and Hansen, LLC, for "Professional Engineering Services for Water Main Projects" in the amount of $889,999 for Projects 70151, 70152 and 70153. 20) Approve Work Order WMI-FT-04-01 under Contract 01-3290 with Wilson Miller Inc., in the amount of $161,500 for professional services associated with rezoning and site development planning for the site of the proposed Northeast Regional Water Reclamation Facility and Water Treatment Plant, Project Numbers 70154 and 73155. 21) Approval of a budget amendment for $47,100 for the operation of the Public Utilities Operations Center. 22) Approve Budget Amendments to transfer carry forward funds in the amount of $119,000 from the Solid Waste Department and $189,000 from the Pollution Control Department to fund the office renovation project for the Public Utilities Offices on the Third Floor of Building H. 23) Approve a scope increase to the project to renourish Hideaway Beach with Upland Sand to include renourishment of Hideaway South Point, Project 90541. - estimated cost increase $61,280 14 December 16, 2003 24) Approve a budget amendment to reallocate funds in the amount of $253,000 for the South County Water Reclamation upgrades to the Chemical Feed Systems, Project 72008. PUBLIC SERVICES 1) Approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for training and medical/rescue equipment. Resolution 2003-458 2) 3) 4) 5) 6) Approve Work Order #PBS-02-33, Contract 02-3349 in the amount of $67,940 to Professional Building Systems, General Contractors for the construction of a restroom facility at Roberts Ranch. Approval of a Sole Source Agreement with Medtronic Physio-Control for the maintenance and upgrade of Lifepak Monitors for the Emergency Medical Services Department in the amount of $34,896. Request to appropriate $15,474 to carry forward for the purchase of Automatic Extemal Defibrillators (AED's), which will be placed in high-volume Collier County Government Buildings. Approval of the annual contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department at an FY04 cost to the County of $1,462,200. Approve a lease agreement with the Children's Museum of Naples Inc., for vacant land at the North Naples Regional Park at an annual rent of $100. Resolution 2003-459 E. ADMINISTRATIVE SERVICES 1) Recommendation to award Bid No. 04-3580, On-Call Electrical Repairs and New Installation, to be used by various County departments for maintenance and repairs. (Estimated dollar amount of $100,000) -as detailed in the Executive Summary 15 December 16, 2003 2) 3) 4) S) 6) 7) Approve a budget amendment to acknowledge receipt of a $1,000 gift from Wal-Mart Stores Inc., for the installation of a County Government and Museum Sign at the south entrance of the US-41 Main Government Complex. Approve and execute an agreement to provide the District School Board of Collier County, Florida, $102,917.65 from the GAC Land Trust to purchase playground equipment and sunscreens at Sabal Palm Elementary School. Approval of the 2004 contract renewal with Corporate Benefit Services of America, Inc., for group health insurance claims adjusting services. - as detailed in the Executive Summary Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. -as detailed in the Executive Summary Approval of the purchase of Group Health Excess Insurance for Calendar Year 2004. -as detailed in the Executive Summary In compliance with the purchasing policy, report to the Board of County Commissioners that there were no interest penalty payments for violations of the Florida Prompt Payment Act during the Fiscal Cycle beginning October 1, 2003 and ending September 30, 2003. COUNTY MANAGER 1) Approval of a resolution designating the Tourism Department, which operates as The Greater Naples, Marco Island, Everglades Convention and Visitors Bureau, as the Official County Tourism Promotion Agency. Resolution 2003-460 2) Approval of Budget Amendment Report - BA #04-073 in the amount of $25,000 - engineering fees for Vanderbilt Beach Beautification Master Plan. 16 December 16, 2003 Ge 3) Award Bid #02-3392, Emergency Management Public Safety Wind Protection Project, to Teragram Inc D/B/A Allsafe Shutters in the amount of $82,000 to provide wind protection to eight (8) public safety facilities in Collier County. AIRPORT AUTHORITY Hm BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. OTHER CONSTITUTIONAL OFFICERS 1) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) 2) 3) Authorize the Making of Offers of Judgment for Parcels 806, 106, 111 and 115B in the Immokalee Road Project (Wilson to Collier Boulevard #60018). -as detailed in the Executive Summary Authorize the Making of Offers of Judgment for Parcels 117, 118A, 130, 114, 121 and 122 in the Immokalee Road Project (Wilson to Collier Boulevard #60018). -as detailed in the Executive Summary Approve the stipulated final judgment relative to the acquisition of Parcel 218 in the lawsuit styled Collier County v. Kathryn Hankins, et al, Case No. 99-1296-CA, Golden Gate Boulevard Project No. 63041. - in the amount of $400.00 4) Approve the stipulated final judgment relative to the acquisition of Parcel 203 in the lawsuit styled Collier County v. Douglas Terry, et 17 December 16, 2003 17. al, Case No. 00-1297-CA, Golden Gate Boulevard Project No. 63041. -in the amount of $2,000 5) Recommendation that the Board approve a retention agreement for legal services on an "as needed" basis with the Law Firm of Nabors, Giblin and Nickerson, P.A., to meet County purchasing policy contract update requirements. - as detailed in the Executive Summary 6) Approve the Stipulated Final Judgment relative to the Acquisition of Parcels 119A, 119B and 719 in the lawsuit styled Collier County v. Daniel F. Johnston, et al, Case No. 02-1446-CA (Goodlette-Frank Road Project #60134). -in the amount of $44,250 7) Approve the Mediated Settlement Agreement as to Parcel 194 in the lawsuit entitled Collier County v. Robert W. Pieplow, et us, et al, (Immokalee Road Project 60018) total cost $44,275. 8) 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 Parcels 117, 133, 717A, 717B and 733 in the lawsuit styled Collier County v. Calusa Bay Master Associations Inc., et al, Case No. 02- 2040-CA (Goodlette-Frank Road Project No. 60134). - in the amount of $402,100 9) Approve the Stipulated Final Judgment relative to the easement acquisition on Parcel 326 in the lawsuit entitled Collier County v. Agnaldo Delima, et al, (Golden Gate Boulevard Project). - in the amount of $1,200 10) Accept a Child Dependency Grant-In-Aid of $43,952.76 from the State of Florida, Justice Administrative Commission (JAC) and authorize Chairman to sign the Amendment. 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 18 December 16, 2003 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. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition AVPLAT2003-AR3673 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 23, according to the plat of"The Lodgings of Wyndemere Section One" as recorded in Plat Book 13, Pages 8 through 12, Public Records of Collier County, Florida, located in Section 19, Township 49 south, Range 26 east. Resolution 2003-461 B. This item has been deleted. Ce This item requires that all participants be sworn in and ex parte disclosure bc provided by Commission members An Ordinance amending Collier County Ordinance No. 72-1, as amended, which created the Collier County Lighting District; to add Trade Center of Naples, Trade Center of Naples Replat of Lots 44 and 45, Industrial Village, Industrial Village No. 2, Kathleen Court, Lot 155 J & C Industrial Park, and J & C Industrial Park to the Collier County Lighting District; by deleting Imperial Golf Estates Unit 1, Imperial Golf Estates II, Imperial Golf Estates III, Imperial Golf Estates I Access Road, Imperial Golf Estates 4, Imperial Golf Estates Unit 5, and Railhead Industrial Park from the Collier County Lighting District; providing for inclusion in Code of Laws and Ordinances; providing conflict and severability; providing an effective date. Ordinance 2003-65 Moved to Item #8C D. This item requires that all participants be sworn in and ex parte disclosure bc provided by Commission members. PUDZ-2003-AR-3665, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates 19 December 16, 2003 McVey-Knopke, LLC, requesting a rezone from the "A' rural agricultural zoning district to a "PUD" Planned Unit Development district to be known as the Lemuria PUD. This project will consist of 72 residential dwelling units for a density of 2.976 dwelling units/acre. The property to be considered for this rezone is located on the east side of Goodlette-Frank Road; north of Orange Blossom Drive, south of Vanderbilt Beach Road, and adjacent to the south of the Collier County Carica Road Water Storage and Pump Station, in Section 3, Township 49 south, Range 25 east, Collier County, Florida, consisting of 24.21+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 20 December 16, 2003