Recap 09/21/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
September 21, 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 PRESENT A TION 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
EXPLANA TION 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
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September 21, 2004
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.
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 IMP AIRED 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
A. Approval of to day'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
B. July 26, 2004 - Value Adjustment Board Minutes
Approved as presented 5/0
C. July 27, 2004 - BCC Regular Meeting Minutes
Approved as presented 5/0
D. August 11,2004 - BCC/Emergency Meeting-Hurricane Charley Briefing
Approved as presented 5/0
E. August 12,2004 - BCC/Emergency A.M. Meeting-Hurricane Charley
Briefing
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September 21, 2004
Approved as presented 5/0
F. August 12,2004 - BCC/Emergency P.M. Meeting-Hurricane Charley
Briefing
Approved as presented 5/0
G. August 14,2004 - BCC/Emergency Meeting-Hurricane Charley Briefing
Approved as presented 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Presented
A. 20 Year Attendees
1) Judi Bodine, County Manager Administration
B. 25 Year Attendees
1) Robert Lester, Parks and Recreation
C. 30 Year Attendees
1) Curtis Anderson Sr., Transportation Road Maintenance
4. PROCLAMATIONS
A. Proclamation to designate the week of September 20-24, 2004 as Industry
Appreciation Week. To be accepted by Tammy Nemecek, Executive
Director of the Economic Development Council.
Adopted 5/0
B. Proclamation to designate the month of September 2004 as Childhood
Cancer& Blood Disorder Awareness Month. To be accepted by Klair
Snellbaker, Executive Director of Candlelighters of Southwest Florida.
Adopted 5/0
C. Proclamation to recognize Tim Rudzitis for his kind and generous deed
of donating bone marrow. To be accepted by Tim Rudzitis.
Adopted 5/0
D. Proclamation to recognize Ms. Laurie Andrea, A Citizen Volunteer, Mr.
John Martin, Costco Store Manager, and Major Terry Woods on behalf
of the Hendry County Sheriffs Office for their humanitarian efforts for
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September 21, 2004
the disaster victims of Hurricane Charley.
Adopted 5/0
5. PRESENTATIONS
A. Recommendation to recognize Al Madsen, Coastal Inspector as
"Employee of the Month" for August 2004.
Recognized
6. PUBLIC PETITIONS
A. Public Petition Request by James Ciolino to discuss beach access on
Marco Island.
To be placed on the October 26, 2004 BCC agenda with the County
Attorney's recommendations
B. Public Petition Request by Connie Stegall-Fullmer, President, Goodland
Preservation Coalition, Inc., to discuss interlocal agreement between
Marco City and Collier County.
Regarding Collier County's ownership of County Road 92A- to be
brought back for discussion.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2003-AR-3648:
Stuart Kaye, of Kaye Homes, Inc., requesting Conditional Use #9 in the
"E" Estates zoning district, per LDC Sections 2.2.3.3.9., and 2.6.33.4. to
continue the existing land use as a model home and sales center for five
years on 2.57± acres located at 910 Oakes Boulevard, further described
as the south 165 feet of Tract 28, Golden Gate Estates, Unit 96, in
Section 32, Township 48 South, Range 26 East, Collier County Florida.
Resolution 2004-285 Adopted 5/0
B. This item bein2 continued indefinitely. CU-2003-AR-4978, Pamela
Stewart, Esquire, representing Julio Del Risco, requesting Conditional
Use 6 of the RMF-12 zoning district for a Congregate Care Facility. The
property is located at 4470 Golden Gate Parkway, further described as
Lot 16 and the west half of Lot 17, Golden Gate Unit 3, Block 81. The
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September 21, 2004
property is in Section 27, Township 49 South, Range 26 East, Collier
County, Florida, consisting of .34+ acres.
8. ADVERTISED PUBLIC HEARINGS
Continued to the October 12, 2004 BCC Meeting
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. This item
continued from the June 22, 2004 BCC Meeting. PUDZ-03-AR-3561,
Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc.,
requesting a rezone from Rural Agricultural (A) to Planned Unit
Development (PUD) to be known as the Hiwasse PUD to allow for a
professional office, or indoor self storage, or a combination thereof for
property located on the west side of Livingston Road, and approximately
one-quarter mile south of Pine Ridge Road (CR-896) in Section 13,
Township 49S, Range 25E.
B. Adopt a Property Maintenance Code for the both residential and non-
residential properties within the unincorporated area of Collier County,
Florida; providing for minimum housing and building maintenance
standards; providing for rental unit registration and inspection; providing
for the minimal maintenance of vacant and boarded up properties,
including limitations on the amount of time a vacant property can be
boarded; providing a method for designating hazardous buildings and
standards for the repair or demolition of hazardous buildings; and
repealing ordinances 76-70, 89-06, 96-76 and 99-58.
Ordinance 2004-58 Adopted 5/0
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: DRI-03-AR-
4777, C. Laurence Keesey, representing Waterside Shops at Pelican Bay
Trust and WCI Communities, Inc, requesting an amendment to the Pelican
Bay Development of Regional Impact (DRI), to relocate 121,000 square feet
of approved, but not yet constructed and uncommitted commercial use from
the North Commercial Area to the South Commercial Area, reduce the
approved maximum number residential dwellings by 800 units to a new
maximum of 7,800 residential dwelling units for property located at the
northwest quadrant of the intersection of Tamiami Trail (US-41) and
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September 21, 2004
Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East,
and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier
County, Florida. (Companion Item: PUDA-03-AR-4008)
Resolution 2004-286 / Development Order 2004-01
Adopted w/ stipulations 3/2 (Commissioner Fiala and Coyle opposed)
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-03-AR-
4008, C. Laurence Keesey, representing Waterside Shops at Pelican Bay
Trust and WCI Communities, Inc, requesting a rezone from Planned Unit
Development (PUD) to Planned Unit Development (PUD) for the
purpose of revising the PUD document to relocate 121,000 square feet of
approved, but not yet constructed and uncommitted commercial use from
the North Commercial Area to the South Commercial Area, reduce the
approved maximum number residential dwellings by 800 units to a new
maximum of 7,800 residential dwelling units within the Pelican Bay
PUD located at the northwest quadrant of the intersection of Tamiami
Trail (US-41) and Seagate Drive in Sections 32 and 33, Township 48
South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South,
Range 25 East Collier County, Florida. (Companion Item: DOA-03-
AR-4777)
Ordinance 2004-59 Adopted w/ stipulations 5/0
E. Recommendation to adopt a resolution designating Stewardship Sending
Area 5 (SSA 5) within the Rural Lands Stewardship Overlay District
(RLSA) including an SSA Credit Agreement and Perpetual Stewardship
Easement in response to an application by Barron Collier Investments,
Ltd.
Resolution 2004-292 Adopted 5/0
Continued Indefinitely
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. This item
continued from the June 22, 2004 BCC Meeting. PUDZ-2002-AR-
3411 Carl M. Nagel, managing partner ofCDN Properties LLC, and
Thomas Craig, Craig Construction and Restoration, Inc., represented by
Robert J. Mu1here, AICP, ofRW A, Inc, and R. Bruce Anderson of
Roetzel and Andress requesting a rezone from Agricultural (A) to
Planned Unit Development (PUD) for a project to be known as the
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September 21, 2004
G.
Added
H.
Nagel-Craig Business Park PUD to allow a maximum of 417,000 square
feet of business park land uses in buildings not to exceed 42 feet in
height on 37.5± 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.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2004-AR-
5211, Naples Golf Development, LLC, Naples South, LLC; and Naples
Golf Club South LLC, represented by Robert Duane, AICP, of Hole
Montes, Inc, requesting a rezone from "PUD" Planned Unit
Development known as Boyne South PUD to "PUD" Planned Unit
Development to be known as Boyne South PUD by revising the PUD
document and Master Plan to change the permitted use of Tract B from
Commercial/Motel to allow for 34 multi-family units and eliminate the
64 motel units; increase the number of dwelling units from 154 to 171
dwelling units; change the permitted use of the existing Tract "D" from
multi-family to single family; provide for a new access point east of the
existing access road; reduce the size of the golf course tract from 152
acres to 148 acres; and increase the size of the residential area from 54
acres to 58 acres. The property is located on the south side of US 41, five
miles east of Collier Boulevard (C.R. 951), in Section 20, Township 51
South, Range 27 East, Collier County, Florida, consisting of 242.35±
acres.
Ordinance 2004-60 Adopted 5/0
An emergency ordinance of the Board of County Commissioners of
Collier County, Florida, extending the effective date of Ordinance 2004-
41, which re-codified the Collier county Land Development Code, to
October 18, 2004, due to unforeseen circumstances and providing for an
effective date.
Ordinance 2004-61 Adopted 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
Resolution 2004-287 appointing Karen L. Beatty Adopted 5/0
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September 21, 2004
B. Appointment of member to the Collier County Coastal Advisory
Committee.
Resolution 2004-288 appointing Heidemarie Kulpa Adopted 4/1
(Commissioner Henning opposed)
C. Appointment of members to the Immokalee Enterprise Zone
Development Agency.
Resolution 2004-289 appointing Robert W. Soter, Sonya L. Tuten,
Cristina Perez, Richard Heers Adopted 5/0
D. Appointment of member to the Contractors' Licensing Board.
Resolution 2004-290 appointing Michael Boyd Adopted 5/0
E. Appointment of member to the Emergency Medical Services Advisory
Council.
Resolution 2004-291 re-appointing John Dowd and approving Judith
Nuland representing the Collier County Health Department Adopted
5/0
Withdrawn
F. Discussion regarding Florida Association of Counties (F AC) Select
Medicaid Reform Workgroup (Commissioner Coletta).
G.
H.
Added
I.
Discussion regarding the possibility of sending a Commissioner to
accompany the Economical Development Council (ED C) to Poland as a
County ambassador in support of their effort to entice business to the
Immokalee Trade Port as part of the Economic Stimulus Program.
Approved 5/0
Board consideration and direction relating to post disaster replacement
and repair of dune walkovers during sea turtle nesting season.
(Commissioner Halas)
Approved 5/0
Commissioner Henning's request for Board approval for payment to
attend function serving a valid Public Purpose. EDC Excellence in
Industry Awards, Cocktail Reception, September 23,2004 at Naples
Philharmonic Center. Fiscal impact $100.00 to be paid from
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September 21, 2004
".~--_.-
Commissioner's travel budget.
Approved 5/0
10. COUNTY MANAGER'S REPORT
A. A request for direction from the Board of County Commissioners
regarding procedures for a forthcoming amendment to the Cocohatchee
Bay PUD. The amendment is for the purpose of making changes to the
Bald Eagle Management Plan. (Joe Schmitt, Administrator, Community
Development and Environmental Services)
Recommend to send it back through the EAC and CCPC amending the
Bald Eagle Management - 4/1 (Commissioner Halas opposed)
B. "Approval of this Agreement by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by
the County Manager is not ratified by that Board, this Agreement shall
be enforceable against Collier County only to the extent authorized by
law in the absence of such ratification by that Board." Recommendation
to ratify Emergency Purchase Orders issued by the Public Utilities
Division for the collection, transportation and processing of Hurricane
Charley related biomass, for the rental of emergency equipment used by
the Wastewater Department for hurricane activities and for the approval
of related budget amendments in the estimated amount of $1 ,937,500.
Approved 5/0
C. Staffupdate to the Board of County Commissioners on the status of
requests for exemptions and variances to the Land Development Code
for Center Point Community Church, Carson Lakes Phase II and Naser
Medical Office continued from the July 27,2004 Board of County
Commissioners meeting. (Joe Schmitt, Administrator, Community
Development)
Update
D. This item continued from the July 27.2004 BCC Meetin2.
Recommendation to review a proposal from Southwest Heritage, Inc., to
lease the Naples Depot as a branch facility of the Collier County
Museum.
Direct Staff to work with Southwest Heritage and return review to the
BCC- Approved 3/2 (Commissioners Halas and Henning opposed)
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September 21, 2004
E. Recommendation to Approve Three (3) Tourist Development Category
"C-2" Grant Applications and Three (3) Tourism Agreements for Naples
Botanical Garden $217,650; The Conservancy of SW Florida $100,000;
City of Naples $50,000; Totaling $367,650 for FY 05, and Direct Staff to
Prepare Amendment to Ordinance 92-60 as Amended to Include
Municipally-Owned Museums for C-2 Grants.
Approved- 3/2 (Commissioners Halas and Henning opposed)
F. Recommendation to approve Guaranteed Maximum Price (GMP) of
$53,802,645 for Contract No. 013189, Article #1, Exhibit J to Kraft
Construction Company, Inc. for the construction of North Naples
Regional Park, Project 80602.
Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
Ken Thompson
12. COUNTY ATTORNEY'S REPORT
Withdrawn
A. Discussion in regards to the City of Naples invoking the Governmental
Conflict Resolution regarding the Golden Gate Parkway/Airport Road
overpass.
Added
B.
Recommendation that the Board of County Commissioners approve a
budget amendment request for purposes of funding the previously
approved settlement of the Aquaport cases.
Approved-5/0
13. OTHER CONSTITUTIONAL OFFICERS
A. Request approval of a budget amendment transferring funds from general
fund reserves to the Sheriffs Office budget. (Total $2,500,000.00)
Motion to continue discussion at the September 23, 2004 Final Budget
Meeting- Approved 4/1 (Commissioner Halas opposed)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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September 21, 2004
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. David Weigel regarding the school impact fees settlement
B. County Manager Jim Mudd's discussion of the Fiscal Committee
C. Commissioner Coyle regarding County Expenditures
D. County Manager Mudd regarding the annexation of Ruffina and the
CRA
E. County Manager Jim Mudd's comments on the CRA and general fund
money
F. County Manager Mudd regarding the cancellation of the Policy
Meeting for Fact, to be held November 5, 2004
G. The Board of County Commissioner's upcoming schedule
H. Commissioner Henning regarding the rescheduling of Nagel-Craig
Business Park and the Growth Management Plan
I. Commissioner Fiala's comments on Collier County billboards
J. Commissioner's discussion on buried power lines
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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
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve for recording the final plat of
"Veronawalk Phase 2A", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
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September 21, 2004
of the performance security.
w/stipulations
2) Recommendation to approve final acceptance of water utility facilities
for Hibiscus Pointe at Carlton Lakes.
w/release of Utilities Performance Security
3) Recommendation to approve final acceptance of water and sewer
utility facilities for Carlton Lakes Boulevard.
w/release of Utilities Performance Security
4) Recommendation to approve a $120,000 change order to amend the
existing contract with Tomasello Consulting Engineers, Inc. for
expansion of the limits of the County's FEMA-related Base Flood
Elevation study.
5) Recommendation to approve final acceptance of water and sewer
utility facilities for Cocohatchee Nature Center.
w/release of Utilities Performance Security
6) Recommendation to approve final acceptance of water and sewer
utility facilities for Olympia Park.
w/release of Utilities Performance Security
7) Recommendation to approve final acceptance of water and sewer
utility facilities for The Club Estates.
w/release of Utilities Performance Security
8) Recommendation to approve final acceptance of water utility facilities
for Regency Reserve at The Vineyards.
w/release of Utilities Performance Security
9) Recommendation to approve final acceptance of water and sewer
utility facilities for Ibis Cove Phase 2A.
w/release of Utilities Performance Security
10) Recommendation to approve for recording the final plat of "Pine Air
Lakes Unit Five", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
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September 21, 2004
performance security.
w /stipulations
11) Recommendation to approve final acceptance of sewer utility facilities
for Banyan Woods Multi-Family.
w/release of Utilities Performance Security
12) Recommendation to approve final acceptance of sewer utility facilities
for Banyan Woods Single Family (Subdivision).
w/release of Utilities Performance Security
13) Recommendation to approve for recording the final plat of
"Pebblebrooke Lakes Phase IV", and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
w/stipulations
14) Recommendation to approve final acceptance of water and sewer
utility facilities for Ibis Cove Phase 2B.
w/release of Utilities Performance Security
15) Recommendation to grant final approval of the roadway (private),
drainage, water and sewer improvements for the final plat of "Club
Estates". The roadway and drainage improvements will be privately
maintained; the water and sewer improvements will be maintained by
Collier County.
Resolution 2004-258
16) Recommendation to approve for recording the final plat of
"Mandalay", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w /stipulations
17) Recommendation to approve Modification #1 to the Residential
Construction Mitigation Program State Funded Grant Agreement.
Will extend the term of the grant to November 30, 2004 allowing
adequate time for improvements to nine (9) qualifying
households.
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September 21, 2004
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18) Recommendation to approve a resolution certifying that projects
completed by Immokalee Non-Profit Housing Inc. are consistent with
local plans and regulations.
Resolution 2004-259
19) Recommendation to approve Collier County's Community
Development Block Grant (CDBG) program and HOME Investment
Partnerships (HOME) program year 2003-2004 Consolidated Annual
Performance and Evaluation Report (CAPER) as required by the U.S.
Department of Housing and Urban Development (HUD), and
authorize the Board of County Commissioners Chairman to certify the
CAPER for submission to HUD.
As detailed in the Executive Summary
20) Recommendation to authorize the County Manager or the Community
Development and Environmental Services (CDES) Division
Administrator to accept the Fiscal Year 2003 United States
Department of Housing and Urban Development Supportive Housing
Grant Agreement, Project # FLI4B30-6001, execute all Grant Sub-
recipient agreement (s), provide an effective date and approve all
necessary budget amendments.
As detailed in the Executive Summary
21) Recommendation to approve for recording the final plat of "Grand
Lely Drive and Lely Cultural Parkway", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
w /stipulations
22) Recommendation to approve seven Satisfactions of Liens for Code
Enforcement Board Case Nos.: 2001-079,2002-001,2004-003,2003-
005,2003-006,2001-001 and 2004-020.
As detailed in the Executive summary
23) Recommendation to approve Lien Resolutions for the following Code
Enforcement Case Numbers: 2003120886/Reece Est., Annie Earl,
2004030081/ Jules, Josue & Tercilia, 2004030533/ Anderson, Bobbie
& Randolph, 2004010483/ Montes, Lillian, 2004011198/ Reece Est.,
Annie Earl, 2004030804/ Dominguez, Et AI. John R, 2004030990/
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September 21, 2004
Miranda, Guido, 2004041022/ Munoz, Margarita, 2004030055/
Trevino, Francisco, 2004050829/ Faccone, Joseph, 2004050826/
Cavataio, Salvatore & Antoinette, 2004050746/ Fenton, Bonnie,
2004051406/ Pretschold, E.H. & Catherine L, 2004050506/ Galloway,
Barbara, 2004050796/ Tausch, Valarie S., 2004010906/ Lewis Tr.
Evelyn G., 2004050825/ Tremblay, Claudette and 2004051063/ Jules,
Josue & Tercilia.
Resolution 2004-260 through Resolution 2004-277
24) Recommendation to approve an agreement between Collier County
and the Economic Development Council of Collier County (EDC) for
continuation of the Economic Diversification Program and provide a
contribution to the EDC of up to $400,000 for fiscal year 2004-2005.
25) Recommendation to authorize the Chairman to sign a Florida
Department of Agriculture and Consumer Services' grant proposal for
$12,855 (of which $6,355 will be reimbursable) to fund a native tree
planting demonstration project on the Conservation Collier Visnich
property, and to sign a resolution authorizing the Community
Development and Environmental Services Division Administrator to
enter into an Urban and Community Forestry (U&CF) Grant
Memorandum of Agreement and an U&CF Grant Maintenance
Memorandum of Agreement between Collier County and the Florida
Department of Agriculture and Consumer Services upon receipt of the
grant award.
Resolution 2004-278
26) Recommendation to approve an Interim Management Plan for the
Visnich property under the Conservation Collier Land Acquisition
Program.
Final plan to be presented within two (2) years
27) Recommendation to execute the annual Certification for
Implementation of Regulatory Reform Activities.
As detailed in the Executive Summary
28) Recommendation that the Board of County Commissioners accept the
Quarterly Report on the activities related to the Job Creation
Investment Program and the Advanced Broadband Infrastructure
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September 21, 2004
Investment Program.
From February 19,2004 through June 1, 2004
B. TRANSPORTATION SERVICES
1) Recommendation to approve County Wide Sidewalk Project Change
Orders for #1 East Naples Area in the amount of$20,883.16 and
Change Order for the #4 Immokalee Area in the amount of
$16,979.00 to Cougar Contracting Specialities, Inc.
As detailed in the Executive Summary
2) Recommendation to approve a budget amendment to recognize grant
revenue received from the Florida Communities Trust, Florida
Forever Grant in the amount of$I,007,700 and appropriate within the
Lely Mitigation and Livingston Greenways Projects.
3) Recommendation to approve a Work Order # PBS - 02 - 38 for the
installation of School Bus Shelters in Golden Gate Estates to
Professional Building Systems, in the amount of $111,160 with
Contingency.
4) Recommendation to approve a Developer Contribution Agreement
related to the acquisition of right-of-way required for the construction
of improvements to Rattlesnake Hammock Road between Polly
A venue and Collier Boulevard consistent with the Development
Commitments of the Mandalay PUD - Project No. 60169 - (Fiscal
Impact: $680.00)
5) Recommend to approve a landscape installation and maintenance
agreement between Calusa Bay Master Homeowners Association and
Collier County for landscaping within the right-of-way on Goodlette-
Frank Road.
6) Recommend to award bid #04-3654R, Livingston Road (Pine Ridge
Road to Vanderbilt Beach Road) median landscape improvement
construction project to Vila and Son Landscaping, Inc. in the amount
of $679,395.20.
7) Recommend Board's approval of Adopt-A-Road Agreements (5) for
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September 21, 2004
the following: Royal Palm Academy, Metlife Financial Services,
Men's Brotherhood of Mayflower United Church of Christ, Paradise
Coast Pilot Club and T.G.I. Friday's.
As detailed in the Executive Summary
C. PUBLIC UTILITIES
1) Recommendation to approve the transfer of funds from the previous
South County Regional Water Treatment Plant construction contract
to the new construction contract in the amount of$3,192,049.66
within the same Water Impact Fee Fund.
Contract with Wharton-Smith, Inc. to facilitate the County's
ability to meet peak potable water demand in the 2005 winter
season and beyond.
2) Recommendation to award a Sole Source Purchase Order for Return
Activated Sludge Pumps and Waste Activated Sludge Pumps for the
North County Water Reclamation Facility to the Ellis K. Phelps
Company in the estimated amount of$75,637.00.
To improve wastewater system reliability that is consistent with
the 2003 Master Plan Update
3) 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 $130.00 to record the Satisfactions of Lien.
(Total of 13 Liens) As detailed in the Executive Summary
4) Recommendation to approve work Order HS-FT-04-04 under 00-3119
- Fixed Term Professional Utilities Engineering Services to Hazen
and Sawyer in the amount of $285,31 0 for Engineering Service for the
design of Lime Softening Fourth Reactor, Project 71001.
To introduce lime and other chemicals into the water pumped
from the ground to soften it prior to further treatment, resulting
in a higher quality end product.
5) Recommendation to approve partial transfer of funding source for the
Lime Softening Fourth Reactor in the amount of $136,000 for the
design and permitting from Water User Fees Project 710011 to Water
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September 21, 2004
Impact Fees Project 710012.
6) Recommendation to award Bid #04-3695 - "Annual Contract for
Sodium Hypochlorite Solution" to Allied Universal Corp. in the
estimated annual amount of $500,000.00.
To control odor caused by hydrogen sulfide and organic gasses at
the water and wastewater facilities.
7) Recommendation to adopt a Resolution and approve a Declaration of
Easement for additional well site easements within property acquired
for a future park at an estimated cost not to exceed $28,454, Project
710111.
Resolution 2004-279
8) Recommendation to approve a Purchase Agreement and accept
additional well site easements from Olde Florida Golf Club, Inc., at a
cost not to exceed $6,150, Project 710111.
9) Recommendation to Grant a Conservation Easement to the Florida
Department of Environmental Protection for the Livingston Road
Aquifer Storage & Recovery site at a cost not to exceed $50.00,
Project 74030.
10) Recommendation to approve purchase orders for the Loan
Procurement Services from the Florida Department of Environmental
Protection (FDEP) to Angie Brewer and Associates (ABA) in excess
of $25,000 under Sarasota County Contract 2003-040 for Goodlette
Frank Road Force Main Project 72002, Pump Station 103 Project
73945 and for Goodlette Frank Road Reclaimed Water Main Project
74077. (Total $60,671)
As detailed in the Executive Summary
D. PUBLIC SERVICES
1) Request for the Board of County Commissioners to Approve the
Acceptance of Donated Funds to offset the "Independence Day"
Expenses Approved by the Board on March 9,2004.
2) Recommendation to approve the Library's State Aid Application and
18
September 21, 2004
accept the Long Range Plan, including the Current Year Action Plan
and Technology Plan. (FY05 Grant Revenue of$320,000.)
As detailed in the Executive Summary
3) Recommendation to Continue Grant Agreement in the Amount of
$10,000 Between the University Extension Department, Collier
County Board of Commissioners, and the Empowerment Alliance of
Southwest Florida for the Purpose of Providing Homeowner
Educational Programming in Immokalee.
To continue to effectively promote homeownership opportunities
and to prepare residents and workers for homeownership.
4) Recommendation to recognize additional revenue in the amount of
$2,569 and sign the budget amendment to increase the Retired Senior
V olunteer Program (RSVP) budget.
5) Recommendation to approve the Black Affairs Advisory Board to
hold a voter registration rally in Anthony Park on September 25,
2004.
To assist in increasing minority voter participation during the
2004 election year.
6) Recommendation to approve an Agreement for Landscape Services
with TECH of Collier County (Estimated Budget of $33,800).
To provide clean and safe facilities through the use of contracted
services.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the Advisory Committees Outstanding
Members Service Award Program.
Resolution 2004-280
2) Approve a Budget Amendment to appropriate Building Maintenance
Special Service revenues totaling $90,000 and Security Special
Service revenues totaling $13,500 for reimbursement of personal and
operating expenses in Fiscal Year 2004.
3) Recommendation to approve additions to and deletions from the 2004
19
September 21, 2004
Fiscal Year Pay and Classification Plan made from August 2, 2004
through September 3, 2004.
Due to a resignation and reclassification
4) Recommendation to approve the award of Bid #04-3709 in the
amount of $942,430.00 for a Construction Contract with Brooks &
Freund, LLC for the construction of Emergency Medical Services
(EMS) facility No. 19.
Construction located on Santa Barbara Boulevard.
5) Recommendation to approve the award of Bid #04-3694 in the
amount of$233,839.00 for a Construction Contract with Surety
Construction Company, Inc. for the remodeling of the Collier County
Clerk's MIS office located on the 5th floor of Building F.
To increase the functionality of the allocated floor area in order to
accommodate more employees.
6) Recommendation to approve a budget amendment to increase
appropriations for personnel and operating costs in Fleet Management
Fund 521 in the amount of$155,800 ($25,000 for personnel costs and
$130,800 for fuel costs).
7) Recommendation to award a contract for Architectural Services in the
amount of $670,000.00 to Victor J. Latavish Architect, P A for the
design of the new Sheriffs Special Operations Facility, Contract # 03-
3550.
Located at the Naples Airport
8) Recommendation to Approve Contracts for RFP 04-3614 "Fixed
Term Landscape Architectural Services." (Dollar amount of contract
estimated at $600,000 annually)
As detailed in the Executive Summary
9) Report and ratify Property, Casualty, Workers' Compensation and
Subrogation Claims settled by the Risk Management Director during
the period April 1, 2004 through June 30, 2004 pursuant to Resolution
# 2004-15.
As detailed in the Executive Summary
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September 21, 2004
10) Recommendation to approve the award of Bid #04-3658 in the
amount of $376,000.00 for a Construction Contract with EHC, Inc. for
the remodeling of the Collier County Medical Examiner's Facility.
To correct the air quality and autopsy room odor problems.
Facility located at 3838 Domestic A venue, Naples, Florida
F. COUNTY MANAGER
1) Summary of Consent and Emergency Agenda Items approved by the
County Manager during the Board's scheduled recess. Per Resolution
Number 2000-149, "Approval of this Agreement by the County
Manager is subject to formal ratification by the Board of County
Commissioners. If the decision by the County Manager is not ratified
by that Board, this Agreement shall be enforceable against Collier
County only to the extent authorized by law in the absence of such
ratification of that Board."
As detailed in the Executive Summary
2) Approve a Budget Amendment for the Ochopee Fire Control District
Transferring Funds from Reserves for Contingencies to Regular
Salaries in the amount of $65,000.
3) Recommendation to Affirm the Letter of No Objection Relative to the
Annexation ofHorr's Island (Key Marco) into the City of Marco
Island.
As detailed in the Executive Summary
4) Recommendation to Approve an Interlocal Agreement for the
Provision of Beach Renourishment, Maintenance and Stabilization
Services in the Hideaway Beach Section of Marco Island.
5) Approve an Agreement between Collier County and Dr. Marta U.
Coburn, M.D. Florida District Twenty Medical Examiner dba District
Twenty Medical Examiner, Inc. to provide Medical Examiner
Services for Fiscal Year 2005 at a cost of $804,400.
6) Request the Board of County Commissioners approve a budget
amendment recognizing and appropriating a $11,765.00 donation
from the American Heart Association in the Emergency Medical
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September 21, 2004
Services Find (490).
For the purchase of Automated External Defibrillators
7) Approve an Agreement between Collier County and Naples
Community Hospital for use of the Medical Examiner Facility to
Conduct Autopsies.
8) Recommendation to Approve Tourism Agreements Between Collier
County and Equinox Documentaries Inc for Television Program
Production.
G. AIRPORT AUTHORITY AND/ORBAYSHORE GATEWAY
TRIANGLE COMMUNITY REDEVELOPMENT AGENCY
1) Approve a budget amendment for $18,800 to increase budgeted
revenues and budgeted expenses for the sale and purchase of aviation
fuel at Marco Island Executive Airport.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Jim Coletta's request to represent the County at the
NAACP Annual Freedom Fund Banquet and Silent Auction on
October 16, 2004 as a valid public purpose.
Held at the Elks Lodge, 3950 Radio Road, Naples, at a cost of
$55.00 to be paid from Commissioner Coletta's travel budget.
2) For the Board of County Commissioners to declare a valid public
purpose for Commissioner Henning to attend the RSVP 2004 Summer
Recognition Luncheon on August 26, 2004. $25.00 to be paid from
Commissioner Henning's travel budget.
Held at the Naples Bath and Tennis Club
3) Commissioner Halas' request for Board approval for reimbursement
for attending a function serving a valid public purpose. Attended
RSVP of Collier County's 2004 Summer Recognition Luncheon on
August 26,2004 at the Naples Bath & Tennis Club; $25.00 to be paid
from Commissioner Halas' travel budget.
4) Commissioner Coletta requests reimbursement of$15.00 as a valid
22
September 21, 2004
public purpose for attending the "Leadership Collier Kick Off' in
honor of the class of 2005 on September 8, 2004.
Held at the Naples Beach Hotel and Golf Club
5) Commissioner Fiala's request for Board approval for reimbursement
for attending a function serving a valid public purpose. Attended the
Leadership Collier Kick Off on September 8, 2004 at the Naples
Beach Hotel & Golf Club; $15.00 to be paid from Commissioner
Fiala's travel budget.
6) Commissioner Fiala's request for Board approval for reimbursement
to attend a function serving as a valid public purpose. Attend
NAACP's 22nd Annual Freedom Fund Banquet & Silent Auction on
Saturday, October 16,2004, at the Elks Club on Radio Road; $55.00
to be paid from Commissioner Fiala's travel budget.
7) Commissioner Coletta requests Board approval for reimbursement to
attend a function serving a valid public purpose. Attending the United
Way of Collier County 2004 Campaign Kickoff Breakfast on
September 29,2004. $20.00 to be paid from Commissioner Coletta's
travel budget.
To be held at the Naples Beach Hotel & Golf Club
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Request approval of a budget amendment transferring funds to the
Sheriffs Office for payment of county impact fees for the sprung
structures (tents) to be erected at the Immokalee Jail Center. (Total
$35,590.44)
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
23
September 21, 2004
--<...~-,-_.._..- ._.,~
Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples.
For the period from May 29, 2004 through September 3, 2004
K. COUNTY ATTORNEY
1) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondents, Richard McPhillips
and Denise McPhillips, for Parcels 129 and 729 in the Amount of
$10,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter,
et al., Case No. 03-2273-CA (Golden Gate Parkway Project #60027).
2) Recommend that the Board of County Commissioners Approve an
Agreed Order and Authorize Payment of Business Damage Expert
Fees for Parcel 112 in the Lawsuit Styled Collier County v. Norma E.
Banas, et. aI., Case No. 02-5137-CA (Immokalee Road Project
#60018).
Payment of $4,450.00 to the Gaylord Merlin Ludovici Diaz &
Bain Trust Account on behalf of the property owners.
3) Recommendation that the Board of County Commissioners Approve
the Stipulated Final Judgment Relative to the Acquisition of Parcel
118 in the Lawsuit Styled Collier County v. Jack E. Green, et al.,
Golden Gate Parkway, Project #60027.
Payment of $11,000.00 to be paid to Respondents, Richard L.,
James E., and William G. Helferich as full compensation for the
property rights and $462.00 to Charles Forman for attorney fees.
4) Recommend that the Board of County Commissioners 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
180 in the Lawsuit Styled Collier County v. Big Corkscrew Island
Fire District, et al., Case No. 02-2218-CA (Immokalee Road Project
#60018).
As detailed in the Executive Summary
5) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondents, John J Yaklich and
24
September 21, 2004
~."...".,--,.,._,..__...,-_..,. -----
Carol A. Yaklich, for Parcels 122, 822 and 922 in the Amount of
$36,595.20 in the Lawsuit Styled Collier County v. John J. Yaklich, et
aI., Case No. 03-2259-CA (Golden Gate Parkway Project #60027).
6) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondents, Terry L. Lichliter
and Deborah Lichliter, for Parcels 128 and 728 in the Amount of
$23,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter,
et al., Case No. 03-2273-CA (Golden Gate Parkway Project #60027).
7) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondents, William E. Bell and
Linda M. Bell, for Parcels 117 and 717 in the Amount of $30,000.00
in the Lawsuit Styled Collier County v. Jack E. Green, et aI., Case No.
03-2227-CA (Golden Gate Parkway Project #60027).
8) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondent, Rose Somogyi, for
Parcels 123 and 823 in the Amount of $23,000.00 in the Lawsuit
Styled Collier County v. John J. Yaklich, et aI., Case No. 03-2259-CA
(Golden Gate Parkway Project #60027).
9) Recommend that the Board of County Commissioners Authorize the
Making of an Offer of Judgment to Respondents, Elhanon Combs and
Sandra S. Combs, for Parcels 720, 820A, 820B and 920 in the
Amount of $80,000.00 in the Lawsuit Styled Collier County v.
Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway
Project #60027).
10) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Francisco Lemus, for Parcel No.1 in the amount of
$169,950.00 in the Lawsuit Styled Collier County v. Francisco
Lemus, et aI., Case No. 03-2788-CA, 13th Street SW Project No.
69068
11) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No.
142 in the amount of$25,185.00 in the lawsuit styled Collier County
v. Charles R. Wilson, et al., Case No. 02-5164-CA, Immokalee Rd.
25
September 21, 2004
_....,---_.~..
Project 60018.
12) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Lewis R. and Margaret Jean King, for Parcel No. 164 in
the amount of$18,120.00 in the lawsuit styled Collier County v. Juan
Ramirez, et al., Case No. 02-5166-CA (Immokalee Road Project No.
60018).
13) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Roger A. and Coleen Sharpe, for Parcel No. 141 in the
amount of$13,200.00 in the lawsuit styled Collier County v. Edward
Stanley Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road
Project No. 60018).
14) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Roy David Hilberg, for Parcel No. 140A in the amount
of $6,900.00 in the lawsuit styled Collier County v. Edward Stanley
Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road Project No.
60018).
15) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Roy David Hilberg, for Parcel No. 140B in the amount of
$53,130.00 in the lawsuit styled Collier County v. Edward Stanley
Sanditen, et al.
Case No. 02-5165-CA (Immokalee Road Project No. 60018)
16) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Mary E. Iannetta, for Parcel No. 167B in the amount of
$28,520.00 in the lawsuit styled Collier County v. Andy R. Morgan, et
aI.
Case No. 02-5169-CA (Immokalee Road Project 60018)
17) Recommendation to authorize the making of an Offer of Judgment to
Respondents, James L. and Esther E. Swigert, for Parcel No. 143 in
the amount of $15,240.00 in the lawsuit styled Collier County v.
Charles R. Wilson, et al., Case No. 02-5 1 64-CA (Immokalee Road
Project No. 60018).
18) Recommendation to authorize the making of an Offer of Judgment to
26
September 21, 2004
Respondent, Louise V. Taylor, as Trustee of the Louise V. Taylor
Living Trust u/aId 9/16/87, for Parcel No. 156 in the amount of
$91,500.00 in the lawsuit styled Collier County v. Andy R. Morgan, et
aI., Case·No. 02-5169-CA (Immokalee Road Project No. 60018).
19) Recommendation to approve Special Magistrate Agreements for
Value Adjustment Board Hearings for Tax Year 2004.
W / Stephen Cunningham, Marianne Kantor, Mark Pelletier, and
Gerald Lagace
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
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. SE-04-AR-5494, a resolution amending Resolution Number 96-377, the
Taylor Properties Conditional Use to correct a scrivener's error resulting
from the unintentional inclusion of an incorrect legal description in the
adopted Resolution for the property located on the south side of Davis
Boulevard (S.R. 84) in Section 11, Township 50 South, Range 25 East,
Collier County, Florida.
Resolution 2004-281
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. This item continued
from the July 27,2004 BCC Meeting. PUDZ-2003-AR-5087, Stephen G.
Sposato, AICP of Agnoli, Barber & Brundage, Inc., representing Collier
County Board of County Commissioners, requesting a rezone from Public
(P) to Planned Unit Development (PUD) to be known as the Collier
27
September 21, 2004
County Government Complex PUD. The project will consist ofa
maximum of 996,799 square feet of building area for permitted and
accessory government center uses. The project is located at 3301
Tamiami Trail East. The project is in Section 12, Township 50 South,
Range 25 East, Collier County, Florida, consisting of 55± acres.
Ordinance 2004-56
C. Recommendation to adopt resolutions approving the preliminary
assessment as the final assessment rolls and adopting same as the non-ad
valorem assessment rolls for purposes of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste
Districts No.1 and No.2, Municipal Service Benefit Units Special
Assessment levied against certain residential properties within the
unincorporated area of Collier County pursuant to Collier County
Ordinance 90-30, as amended. Revenues are anticipated to be
$12,372,800.
Resolution 2004-282 (District 1) and Resolution 2004-283 (District 2)
D. PUDEX-2004-AR-5897 Teryl Brzeski, Trustee of the Garret F.X.
Revocable Trust, property owner, represented by J. Gary Butler, of Butler
Engineering, INC., requesting a two-year extension of the Magnolia Pond
Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for
a 42.05+ acre tract located on Magnolia Drive 1;2 mile west of Collier
Boulevard between 1-75 and the Golden Gate Canal, in Section 34,
Township 49 South, Range 26 East Collier County, Florida.
Resolution 2004-284
E. Recommendation to Approve Amending Ordinance Number 92-18, as
Amended, Relating to the Tourist Development Council, to Delete the
Non-Voting Member with Professional Experience in the Promotion
and Marketing of Special Events.
Ordinance 2004-57
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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September 21, 2004