Recap 12/14/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
December 14, 2004
9:00 AM
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chairman, District 4
Frank Halas, Commissioner, District 2
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF
THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES
THA T 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 VERBA TIM RECORD
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December 14,2004
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OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dr. Kathleen Kircher, St. Monica's Episcopal Church
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. November 10, 2004 - BCC/Land Development Code Meeting
Approved as presented - 5/0
C. November 15,2004 - Special Value Adjustment Board Meeting
Approved as presented - 5/0
D. November 16,2004 - BCC Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
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December 14, 2004
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1. Advisory Committee Service Awards.
Presented
4. PROCLAMATIONS
A. Proclamation to acknowledge that December 7,2004 was celebrated as
Golden Gate High School Junior Civitan Club Day. To be accepted by: Mrs.
Connie Pinckney, Faculty Adviser.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation by the Lake Park Elementary School 4th Grade Panther Posse
regarding the Florida Panther Poster Contest.
Presented
B. Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran
Services Officer, Public Services Division, as Employee of the Year for
2004.
Recognized
C. Presentation of Status Report by the Caribbean Gardens Blue Ribbon
Committee. To be presented by Kathy Prosser, Committee Chairman.
Motion made for staff to continue to work with Committee up until time
that the BCC brings it back - Approved 4/1 (Commissioner Halas
opposed); Reconsideration of previous motion - Approved 5/0; Motion
made for Staff to continue to work with Committee up until the time that
the BCC brings it back and with the stipulation that Staff will not be
involved in solicitation of funding in anyway - Approved 5/0; Motion
made to direct County Attorney to bring back a Resolution regarding an
official sanctioned committee for land uses of Fleishmann property and
for them to seek funding from Governmental funded sources _
Approved 5/0
6. PUBLIC PETITIONS
A. This item continued from the November 16~ 2004 BCC Meetin!!. Public
Petition request by Joseph Bawduniak to discuss use of Depot by the Antique
Automobile Club of America, and FAA Safety Seminars for Local Pilots.
The next Antique Auto show will be held March 19, 2005
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December 14, 2004
B. Public Petition request by Robert France to discuss parcel exchange at 3681
4th Avenue Northeast.
Motion to bring back and to be placed on a future BCC Agenda-
Approved 5/0
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation by the Community Redevelopment Agency (CRA) to the
Board of County Commissioners (BCC) to expand the boundaries of the
Immokalee Community Redevelopment Area to include the entirety of
parcels inadvertently bisected by the present boundary.
Resolution 2004-384 Adopted 5/0
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2004-AR-5220
Land Development Group, LLC, represented by Ronald Nino, AICP, of
Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A)
zoning to Mixed Use Planned Unit Development (MUPUD) for a project to
be known as the Buckley Mixed Use PUD to allow for mixed-use
commercial and residential development. The PUD is proposed for a
maximum of 251 residential dwelling units, a maximum of 74,230 square
feet of retail commercial, and a maximum of97,070 square feet of office
commercial uses. The property is located at 7501 Airport-Pulling Road, in
the northwest quadrant of the intersection of Airport-Pulling Road and
Orange Blossom Drive, north of the Collier County Regional Library, in
Section 2, Township 49 South, Range 25 East, Collier County, Florida,
consisting of22.84± acres.
Motion to approve w/ density and height conditions - Denied 3/2
needed super majority (Commissioner Henning and Halas
opposed); Motion to reconsider - Approved 4/1 (Commissioner
Henning opposed); Motion to bring back to a later BCC Meeting
of January 25, 2005 w/ additional information from Staff,
Petitioner to pay for re-advertising costs - Approved 4/1
(Commissioner Henning opposed)
C. Adoption of an Ordinance amending Chapter 74 of The Collier County Code
of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier
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County Consolidated Impact Fee Ordinance, providing for annual mid-cycle
year indexing adjustments to water and sewer impact fee rates.
Ordinance 2004-79 Adopted - 5/0
D. This is a companion item to Item 10B~ which will be heard followin!! lOA
and 10B~ and will be heard at 10:00 a.m. Adoption of an ordinance
authorizing the issuance of limited general obligation bonds (Conservation
Collier Program) from time to time payable from the levy of an ad valorem
tax levied upon all taxable real property in the County in an amount not to
exceed one-quarter of one mill for the principal purpose of acquiring certain
environmentally sensitive lands within the County; providing for various
rights and remedies of the bondholders; providing that the bonds authorized
hereunder will be limited general obligations of the county; and providing an
effective date. (Staff request)
Ordinance 2004-78 Adopted -5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Library Advisory Board.
Resolution 2004-385 Re-appointing Andrew H. Reiss and Doris J.
Lewis - Adopted 5/0
B. Appointment of member to the Ochopee Fire Control District Advisory
Committee.
Resolution 2004-386 Re-appointing Kent L. Orner of District 5
and waiving the 2- term limit - Adopted 5/0
C. Appointment of members to the Golden Gate Community Center Advisory
Committee.
Resolution 2004-387 Re-appointing Cheryle L. Newman (District
3) and William E. Arthur (District 3) and waiving the 2- term limit
- Adopted 5/0
D. Appointment of member to the Golden Gate Beautification Advisory
Committee.
Resolution 2004-388 Appointing Ginger Martin (District 3) _
Adopted 5/0
E. Appointment of members to the Development Services Advisory Committee.
Resolution 2004-389 Re-appointing Robert J. Mulhere and Dalas
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D. Disney and Appointing Jason Hamilton Mikes, Gerorge H.
Hermanson and David B. Dunnavant and waiving the 2-term limit
- Adopted 5/0
F. The Annual Performance Appraisal for the County Attorney.
Motion for 02-03, and 03-04 8% merit increase each year, plus provide
life insurance on a par with what County Manager receives-Denied 2/3
(Commissioner Halas, Henning and Coyle opposed)
No merit increase for 02-03, 8% merit increase for 03-04, Commission to
provide portable term life insurance at $450,00, and require a yearly
performance review due in October of each year- Approved 4/1
(Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to approve a
Resolution authorizing the issuance of capital improvements and refunding
revenue bonds Series 2005 in an amount not to exceed $180,000,000. (Sales
Tax Bond Issue) (Mike Smykowski, Director, Office of Management and
Budget)
Resolution 2004-382- Adopted 5/0
B. This item to be heard immediately followin!! Item lOA. Recommendation
to approve a Resolution authorizing the issuance of limited general obligation
bonds in a not to exceed amount of $75,000,000. (Conservation Collier
Program) (Mike Smykowski, Director, Office of Management and Budget)
Resolution 2004-383- Adopted w/changes-5/0
C. This item continued indefinitely. Consideration of Multi-County
Agricultural Extension position. Due to the Sheriffs budget appeal, no
consideration of Un financed Requirements (UFR) list will be considered at
this time. (Jim Mudd, County Manager)
Approved to continue - 5/0
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D. Approve and Adopt by Resolution a Hazard Mitigation Plan for Collier
County also applicable to its Municipalities. Copies of the Hazard Mitigation
Plan are available for review at the County Manager's Office, 3rd Floor W.
Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and all
Collier County Public Libraries. (Dan Summers, Director, Emergency
Management)
Resolution 2004-390 - Adopted 4/0 (Commissioner Halas out)
E. Recommendation to approve the Selection Committee's recommendation and
approve a Professional Services Agreement with Carollo Engineers in the
amount of$II,725,020.00 pursuant to RFP # 043673 for design and resident
engineering services through the warranty period related to the construction
of the Northeast Water Reclamation Facility and the Northeast Water
Treatment Plant, Project Numbers 70902 and 73156. (Jim DeLony,
Administrator, Public Utilities)
Approved - 4/1 (Commissioner Henning opposed)
F. This item to be heard at 1:00 p.m. Recommendation to allow a presentation
of the construction options for the Golden Gate High School Bridge Study
alternatives conducted by the Collier County School Board and the preferred
alternative selected by the School Board at their November 18, 2004 Board
meeting. (Norman Feder, Administrator, Transportation Services)
Motion to approve transportations recommendation -Approved 5/0
Moved from Item #16A2
G. Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in Code of Laws Section 2-11. (Changes to
the PUD monitoring fees)
Resolution 2004-391 Adopted w/changes - 5/0
Moved from Item #16A3
H. Recommendation to approve the application for the Property Tax Stimulus
Program, Advanced Broadband Infrastructure Investment Program and the
Job Creation Investment Program by Advocate Aircraft Taxation Company.
Approved - 5/0
Moved from Item #16A4
I. Approval of the application for the Job Creation Investment Program, the
Broadband Infrastructure Investment Program ana the Fee Payment
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December 14, 2004
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Assistance Program by Guadalupe Center, Incorporated and provide for the
waiver to pay the up front fifty-percent of the estimated Transportation Impact
Fees at Final Site Development Plan approval, but instead pay all impact
fees, in full, at issuance of the Building Permit through the Fee Payment
Assistance Deferral Agreement.
Motion to Deny- Approved 4/1 (Commissioner Coletta opposed)
Moved from Item #16A9-remained on Consent
J. Request that the Board approve the reinstatement of the PUD Amendment
Process by the Department of Zoning and Land Development Review in
order to allow for a PUD amendment to be processed in the form of a
substantial modification to the PUD rather than through a total PUD to PUD
rezonIng process.
Moved from Item #16D7
K. Recommendation to approve a Lease Agreement with Southwest Heritage,
Inc. for use of the Naples Railroad Depot as a branch facility of the Collier
County Museum at an annual rent of $1, staffing and operations cost of
$200,800, building improvements and repairs of $250,000, and exhibit
development costs of $85,000.
Located at 1051 Fifth Avenue for a term of thirty (30) years
Approved - 5/0
Moved from Item #16E4
L. Recommendation to retain from active sales various properties obtained
from Avatar Properties, Inc., and which are part of the GAC Land Trust.
(Commissioner Coyle's request)
Approved w/stipulations - 5/0
Moved from Item #16D4
M. Recommendation to approve an Agreement to Transfer Assets and Release
Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession
Agreement.
Approved - 5/0
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11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bill Klohn with MGD Capital Corporation re: approval of the Arrowhead
Reserve @ Lake Trafford affordable housing PUD fast-track process-
Approved 5/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Attorney David Weigel's discussion regarding establishing an
alternate member position on various County Advisory Board Meetings
B. County Manager Jim Mudd's comments on the City of Naples "Urban
Services Report"
C. Pelican Bay Foundation- Parking Facility (Clam Pass)
D. Commissioner's comments on the Pelican Bay Annexation
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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.
Approved and/or Adopted with Changes-5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve for recording the final plat of "Mediterra
Parcel 125," approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
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Moved to Item #10G
2. Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in Code of Laws Section 2-11.
(Changes to the PUD monitoring fees)
Moved to Item #10H
3. Recommendation to approve the application for the Property Tax
Stimulus Program, Advanced Broadband Infrastructure Investment
Program and the Job Creation Investment Program by Advocate
Aircraft Taxation Company.
As detailed in the Executive Summary
Moved to Item #101
4. Approval of the application for the Job Creation Investment Program,
the Advanced Broadband Infrastructure Investment Program and the
Fee Payment Assistance Program by Guadalupe Center, Incorporated
and provide for the waiver to pay the upfront fifty-percent of the
estimated Transportation Impact Fees at Final Site Development Plan
approval, but instead pay all impact fees, in full, at issuance of the
Building Permit through the Fee Payment Assistance Deferral
Agreement.
As detailed in the Executive Summary
5. Recommendation to approve for recording the final plat of
"Veronawalk Phase 2B," and approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
w/stipulations
6. Approval of Satisfactions of Lien.
As detailed in the Executive Summary
7. Recommendation to grant final approval of the roadway (Public) and
drainage improvements for the final plat of" Sabal Bay Commercial
Plat - Phase One." The drainage improvements will be privately
maintained. Collier County will maintain the roadway improvements
within Thomasson Drive and Xeric Lane.
Resolution 2004-371 w/release of the maintenance security
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8. Recommendation to approve for recording the final plat of "Britney
Estates," approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
w/stipulations
Moved to Item #10J-Remained on Consent
9. Request that the Board approve the reinstatement of the PUD
Amendment Process by the Department of Zoning and Land
Development Review in order to allow for a PUD amendment to be
processed in the form of a substantial modification to the PUD rather
than through a total PUD to PUD rezoning process.
10. A recommendation to release and authorize the Chairman to execute a
Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay
Apartments, Phase II upon receipt of a legally sufficient irrevocable
letter of credit in the amount of $1 ,210,626.56 on behalf of CED
Capital Holdings 2001B, LLC.
As detailed in the Executive Summary
11. Request approval by the Board of County Commissioners for an
additional amendment cycle for the 2005 calendar year to address
urgent amendments to the Land Development Code regarding
Sidewalk issues pursuant to the requirements of Chapter 10 of the
Collier County Land Development Code.
Beginning on January 7,2005 and ending on March 22, 2005
B. TRANSPORTATION SERVICES
1.
Recommendation to Approve Award of Bid #05-3691, "Roadway
Lighting Components" to Multiple Vendors.
With Hughes Supply, Inc., Consolidated Electrical Distributors,
Inc., Grainger Industrial Supply, and R.J. Steedman, Inc.
Withdrawn
2.
Recommendation for Board approval to reject all bids received under
Bid #04-3595R "Clearing, Grubbing and Tree Trimming Removal
Services. "
Based on an existing contract that will provide the services that
Road Maintenance is seeking
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3. Recommendation to approve a Resolution to reduce the speed limit on
New Market Road to 35 miles per hour for the section from Jerome
Drive to Hendry Street and 40 miles per hour for the section from
Hendry Street to State Road 29 (North 15th Street) at a cost of
approximately $400.
Resolution 2004-372
4. Recommendation to approve award of Bid #05-3690, "Electrical
Components," to multiple vendors.
Awarded to Consolidated Electrical Distributors, Inc., Time
Mark, Inc., Hughes Supply, Inc., and Traffic Parts, Inc.
5. Recommendation to Award Contract #04-3588 "Fixed Term Material
Testing Services" to the following firms: Allied Engineering &
Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.;
Forge engineering, Inc.; and Professional Engineering and Inspection
Company, Inc. (Estimated Annual Amount $750,000)
6. Recommendation to award bid #05-3741 "Mowing of Grassed or
Vegetated Roadside Areas" for the estimated annual amount of
$276,000.00 to Southern Services.
7. Recommendation to approve Supplemental Agreement No.2 to the
Professional Services Agreement with American Consulting
Engineers of Florida, LLC, in the amount of$357,735 for the design
of Goodlette- Frank Road from Golden Gate Parkway to Pine Ridge
Road, Project No. 60005.
As detailed in the Executive Summary
8. Recommendation to approve a Donation Agreement and to accept the
conveyance of a Temporary Construction Easement required for the
replacement of a drainage pipe under Blocks 260 and 261, Golden
Gate Unit 7 (Project No. 60016). Estimated Fiscal Impact: $18.50
To prevent potential flooding
9. Recommendation for the Board's approval of Adopt-a-Road
Agreement for the following: Naples Bay Rotary Club.
At a total cost of $150.00 for two (2) new signs
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10. Recommendation to award a construction contract in the amount of
$34,500 to Stemic Enterprises, Inc. and allocate $3,450 (10% of the
construction cost) for contingency purposes to dredge the outfall at
Wiggins Pass located off of Pan American Avenue, Project Number
51212, Bid No. 05-3734.
To remove sediment due to construction
11. Recommendation to award Bid #05-3687 "Vanderbilt Beach
Beautification MSTU Roadway Grounds Maintenance" contract to
Commercial Land Maintenance in the amount of $34,697.00.
For FY 2004-2005 servicing of the roadway medians within the
MSTU
12. Recommendation that the Board of County Commissioners (1)
approve a Resolution approving and authorizing the Chairman of the
Board of County Commissioners to execute a Local Agency Program
Agreement with the Florida State Department of Transportation, in
which Collier County would be reimbursed up to $24,500 of the total
estimated cost of $28,000 for construction of a sidewalk segment on
53rd St. SW from 28th Place SW to 30th Ave. SW in Golden Gate;
(2) authorize the advance of $24,500 from the Gas Tax Fund; and (3)
approve future fiscal year annual costs of sidewalk maintenance and
all necessary budget amendments
Resolution 2004-373
13. Recommendation to award bid #05-3750 "Rattlesnake Hammock
Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue)
Roadway Grounds Maintenance" to Ground Zero Landscaping
Services in the amount of$30,781.90.
As detailed in the Executive Summary
14. Recommendation to award bid #05-3751 "Pine Ridge Road (Airport
Pulling - Logan Blvd.) Roadway Grounds Maintenance" to
Commercial Land Maintenance, Inc. in the amount of$104,270.25.
As detailed in the Executive Summary
15. Recommendation that the Board accept a donation from Florida
Power & Light in the amount of$155,000.
As detailed in the Executive Summary
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December 14, 2004
16. Recommendation that the Board accept a donation from WCI
Communities, Inc. up to the amount of $100,640.00 for landscaping
along Livingston Road adjacent to Tuscany Reserve.
W / stipulations and contracted with Outside Productions, Inc.
17. Recommendation to approve a budget amendment to reallocate
$28,000 from the Golden Gate City Outfall- Project Number 512181
to the Fish Branch Creek Box Culvert - Project Number 510211; Both
are part of the Water Management Department Capital Projects.
As detailed in the Executive Summary
18. Recommendation to approve Contract Amendment No. 03-3473-AOl
with HDR Engineering, Inc. -"Consultant Services for Preparation of
a Land Development Overlay for Bayshore/Gateway Triangle
Community Redevelopment Area (CRA) District" to include civil
engineering design services in the amount of $156,071.40 for the
Gateway Triangle Drainage Improvement Project, Project Number
518032.
As detailed in the Executive Summary
C. PUBLIC UTILITIES
1. Recommendation to adopt a Resolution to approve 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 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2004-374
2. Recommendation to adopt a Resolution to approve 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 $20.00 to record the Satisfaction of Lien.
Resolution 2004-375
3. Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1996
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December 14, 2004
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2004-376
4. Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20.00
to record the Satisfactions of Lien.
5. Recommendation to approve, execute and record Satisfactions for
certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal
impact is $20.00 to record the Satisfactions of Lien.
6. Recommendation to approve Work Order JEI-FT-05-01 to Johnson
Engineering (JEI) in the Amount of$163,364 for Engineering
Services for the design, construction plans and construction inspection
of a Master Pump Station under Contract 01-3290 - Fixed Term
Professional Engineering Services, Project 73079.
As detailed in the Executive Summary
7. Recommendation to approve FY 04-05 Innovative Waste Reduction
and Recycling Grant Agreement from the Florida Department of
Environmental Protection to fund construction of the Innovative
Recycling Fitness Walk, and associated Budget Amendment.
To be located at Eagle Lakes Community Park with a completion
date of November 30,2005
8. Recommendation to award Bid #04-3721 for the hauling and disposal
of lime sludge in the estimated annual amount of $200,000 for the
South Regional Water Treatment Plant.
Awarded to current vendorProLime Services, Inc.
9. Recommendation to approve a South Florida Water Management
District Local Governmental Agreement No. OT050868 for partial
funding of the l6-inch Reclaimed Water System Interconnect, Davis
Boulevard to Radio Road.
As detailed in the Executive Summary
D. PUBLIC SERVICES
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December 14, 2004
1. Recommendation to approve the purchase of two residential lots from
Kenneth and Eileen Clawson for expansion of the County's Bayview
Park at a cost not to exceed $22,070. Project 80060.
For the expansion of beach and boat access opportunities for the
community
2. Recommendation to approve the purchase of two residential lots from
Bernadette M. Lemelin for expansion of the County's Bayview Park at
a cost not to exceed $16,365, Project 80060.
For the expansion of beach and boat access opportunities for the
community
3. Recommendation to approve the purchase of two residential lots from
Andrew and Anne Lena for expansion of the County's Bayview Park
at a cost not to exceed $22,070, Project 80060.
For the expansion of beach and boat access opportunities for the
community
Moved to Item #10M
4. Recommendation to approve an Agreement to Transfer Assets and
Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate
Park Concession Agreement.
As detailed in the Executive Summary
5. Recommendation to enter into agreement to provide existing funding
of $50,000 for operational expenses associated with the Collier
County Medical Society development of the American Project Access
Network of Collier County a coordinated, integrated system of
accessing health care for uninsured citizens of Collier County.
For the period of January 1,2005 through September 30,2005
6. Recommendation to approve a budget amendment in the amount of
$300,183 to ensure continuous funding of the Older Americans Act
grant.
Administered by Senior Solutions of Southwest Florida
Moved to Item #10K
7. Recommendation to approve a Lease Agreement with Southwest
Heritage, Inc. for use of the Naples Railroad Depot as a branch facility
of the Collier County Museum at an annual rent of $1, staffing and
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December 14, 2004
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operations cost of $200,800, building improvements and repairs of
$250,000, and exhibit development costs of $85,000.
Located at 1051 Fifth Avenue for a term of thirty (30) years
8. Recommendation to approve agreement between Collier County
Veterinary Society, Inc., and Collier County for neuter, spay and
general physical examination services.
For reduced cost emergency animal medical services
E. ADMINISTRATIVE SERVICES
1. Recommendation to authorize the additional expenditure of a sum not
to exceed $7,500.00, for additional overtime payments as a result of
the Fair Labor Standards Act Audit.
As detailed in the Executive Summary
2. That the Board of County Commissioners approve award of Bid #05-
3758, "Parts for Fleet," in two categories as follows: Heavy Trucks,
Heavy Equipment and School Buses - award to Naples Truck Parts as
primary vendor and to Bonita Auto Supply, Inc.-NAP A and NAP A
Auto Parts as secondary vendors; Automobiles and Small Trucks-
award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor
and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as
secondary vendors.
For a two-year parts and supply contract with a renewal option
for an additional two years
3. Recommendation to approve a budget amendment in the amount of
$32,000 to prepare and secure an alternative site for the storage and
sale of surplus vehicles at future surplus property auctions.
At the Collier County Fairgrounds
Moved to Item #10L
4. Recommendation to retain from active sales various properties
obtained from Avatar Properties, Inc., and which are part of the GAC
Land Trust.
As detailed in the Executive Summary
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December 14, 2004
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5. Recommendation to approve Amendments to two existing Lease
Agreements with Alan and Patricia Boole for the continued use of
garage space by the Sheriffs Office, at a total cost of $85,800.
Located at 3573 Arnold Avenue for a period expiring December
31,2005
6. Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
For the period of October 30,2004 through November 22, 2004
7. Confirm and consent to the re-assignment ofRFP No. 00-3113
"Department of Utility Billing Services Integrated Software System"
from IMS of Tech, Inc. to N. Harris Computer Corporation.
As detailed in the Executive Summary
8. That the Board of County Commissioners award Bid No. 05-3746 for
Temporary Clerical Services to Manpower Temporary Services, Inc.
as primary vendor, and Kelly Services, Inc., as secondary vendor.
At an estimated dollar amount of $100,000
9. Recommendation to approve an increase to the cost of work in the
amount of $45,000 to Contract No. 04-3694, for the remodeling of the
Collier County Clerk's MIS Department located on the 5th floor of the
County Administration Building.
As detailed in the Executive Summary
F. COUNTY MANAGER
1. Recommendation to Approve the Award of Bid #05-3744, Hideaway
Beach Jetty and T-Groin Construction, to Marine Contracting Group,
Inc., in the Amount of$2,140,880 and authorize a $180,000 time and
materials engineering services work order with Humiston & Moore
Engineers for construction observations and monitoring, Hideaway
Beach Renourishment, Project 90502.
2. Recommendation to Approve Work Order Amendment # 1 to TE- FT-
03-02 with Taylor Engineering for additional design/permitting efforts
for Marco South Beach Renourishment, project 90500, in the amount
of $36,610.
As detailed in the Executive Summary
Page 18
December 14, 2004
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3. Recommendation to approve an engineering services work order with
Coastal Planning & Engineering, Inc., under contract #01-3271, Fixed
Term Professional Engineering Services for Coastal Zone
Management Projects, for designing and permitting an artificial reef
and for completing requirements established by the U.S. Minerals
Management Service for a borrow area lease, in an amount not to
exceed $153,160.
As detailed in the Executive Summary
4. Recommendation to Approve the Award of Bid # 05-3753,
Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in
the Amount of$380,000, and authorize a $44,149 time and materials
engineering services work order with Humiston & Moore Engineers
for construction observations and monitoring, Wiggins Pass Dredging
2005, Project 90522.
5. Recommend the Board approve a Memorandum of Understanding
with the Southwest Florida Professional Firefighters Local 1826
International Association of Firefighters Inc to include a career
progression matrix to the current collective bargaining agreement.
An annual expenditure of approximately $33,000
6. Approve sole source purchase of "Audicor" for placement on Collier
County Emergency Medical Services Department units in the amount
of$225,000.
From Inovise, Inc. to aid patients suffering from Acute Coronary
Syndrome (ACS)
7. Award Bid #04-3715 for Self-Contained Breathing Apparatus to
Porche Fire Equipment, Inc. in the Amount of $90,000.
8. Recommendation that the Board of County Commissioners award Bid
#05-3749 in the amount of$67,840.00 for Clam Bay Interior Channel
Construction Phase III, to Floraquatics, Inc.
9. Recommendation to approve a Lease Agreement with the City of
Naples for shared use ofPire Station 2 at a first year's total cost of
$146,600.
Located at 977 26th Avenue North, Naples
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December 14,2004
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10. Approve a Florida Emergency Medical Service County Grant
Application, Grant Distribution Form, and Resolution for training and
medical/rescue equipment in the amount of $112,672.82
Resolution 2004-377
11. Approve the sole source purchase of one SimBaby for training
purposes of Collier County Paramedics and EMT's to maximize and
enhance the current delivery of care to infant patients. This is a
previous awarded grant from the State of Florida.
Purchased from Laerdal Medical in the amount of $40,600
12. Recommendation that the Board of County Commissioners Approve
and Ratify the Collective Bargaining Agreement with the Firefighters
of the Everglades International Association of Firefighters, Local
3670. The Agreement is available for public viewing at the Collier
County Manager's Office or Bureau of Emergency Services Office,
3301 East Tamiami Trail, W. Harmon Turner Bldg, Naples, FL.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
Withdrawn
2.
3.
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1.
Commissioner Coletta requests Board approval for reimbursement for
attending the Hospice of Naples Open House Reception serving on
December 16, 2004; $20.00 to be paid from Commissioner Coletta's
travel budget.
To be held at the Coconut Place Office Park, 12336 Tamiami
Trail East from 3:00 to 6:00 P.M.
Commissioner Coletta requests Board approval for payment of an
overnight stay between Southwest Florida Regional Legislative
Delegation Reception on December 9th and the Issues '05 Southwest
Regional Delegation Forum on December 10th; $79.00 to be paid
from Commissioner Coletta's travel budget.
At the Wynstar Inn & Suites in Ft Myers, FL
Commissioner Coletta requests Board approval for reimbursement for
attending the Naples Hispanic Chamber of Commerce's First Annual
Page 20
December 14, 2004
Christmas Party; $30.00 to be paid from Commissioner Coletta's
travel budget.
Held December 8, 2004 at the Naples Bath and Tennis Club
4995 Airport Road North, Naples
4. Commissioner Coletta requests Board approval for reimbursement for
his attending the Kiwanis Club Luncheon featuring Dr. Gene
Landrum as its speaker on December 8, 2004; $10 to be paid from
Commissioner Coletta's travel budget.
Held at 1:00 P.M. at the One Stop Career and Service Center
750 South 5th Street Immokalee, FL
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation that the Board of County Commissioners make a
determination of whether the purchases of goods and services
documented in the Detailed Report of Open Purchase Orders serve a
valid public purpose and authorize the expenditure of County funds to
satisfy said purchases. A copy of the Detailed Report is on display in
the County Manager's Office, 3301 East Tamiami Trail, W. Harmon
Turner Building, 2nd Floor, Naples, Florida.
For the period of November 13, 2004 through November 26, 2004
2. In compliance with the purchasing policy, report to the Board of
County Commissioners the total dollar amount of interest payments
that were made during the preceding fiscal year for violations of the
Florida Prompt Payment Act.
An interest payment penalty amount of $7,397.91 was made on
October 3, 2003 to Florida State Underground, Inc.
K. COUNTY ATTORNEY
Page 21
December 14, 2004
1. Recommendation to authorize the making of an Offer of Judgment to
Respondent, Mary Lou Adsit, for Parcel No. 181 in the amount of
$163,900 in the lawsuit styled Collier County v. Mary Lou Adsit, et
aI., Vanderbilt Beach Road Project 63051.
2. Recommendation for the Board of County Commissioners to Approve
an Agreed Order and Authorize Payment of Engineering Fees for
Parcels 117, 133, 7l7A, 717B and 733 in the Lawsuit Styled Collier
County v. Calusa Bay Master Association, Inc., et. aI., Case No. 02-
2040-CA (Goodlette-Frank Road Project #60134).
Authorize payment of $39,000 to the Calusa Bay Master
Association, Inc.
3. Recommendation to approve the Mediated Settlement Agreement as
to Parcel 116 in the lawsuit styled Collier County v. Northside
Construction Company, et aI., Case No. 00-0136-CA, Pine Ridge
Road Proj ect 60111.
$118,200 to be paid to respondent Frank C. Craparo
4. Recommendation to authorize the making of an Offer of Judgment to
Respondents, Jack V. Harrison and Juanita Harrison, for Parcel No.
122 in the amount of$12,500 in the lawsuit styled Collier County v.
Village Walk Homeowner's Assoc. of Naples, Inc., et aI., Case No.
04-345-CA (Vanderbilt Beach Road Project 63051).
5. Recommendation to approve a Stipulated Final Judgment as to Parcel
102 in the lawsuit styled Collier County v. Pelican Marsh Community
Development District, et aI., Case No. 04-1532-CA (Vanderbilt Beach
Road Project 63051).
$130,977.26 paid to respondent Pelican Marsh CDD
6. Recommendation to authorize the making of an Offer of Judgment to
Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount
of$36,150.00 in the lawsuit styled Collier County v. Juan Ramirez, et
aI., Case No. 02-5l66-CA (Immokalee Road Project 60018).
Page 22
December 14, 2004
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7. Recommendation to authorize the making of an Offer of Judgment to
Respondent, Walnut Farms, Inc., for Parcel No. 166B in the amount
of$207,100.00 in the lawsuit styled Collier County v. Juan Ramirez,
et aI., Case No. 02-5166-CA (Immokalee Road Project 60018).
8. Recommendation for consideration and Approval of Agreement and
Budget for Partial Funding of Legal Aid services to assist qualified
indigent residents of Collier County with civil legal problems.
With Legal Aid Service of Collier County for the period October
1, 2004 through September 30, 2007
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
RECOMMENDA TION 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. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VROW2001-AR1388 to renounce and disclaim all rights
and interests of the public to access (ingress/egress) and travel upon the
following road rights-of-way located within Boyne South subdivision. Those
road rights-of-way depicted and described in the plat of "Royal Palm Golf
Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public
Records of Collier County, Florida; providing for the continuing and
unaffected rights of easement holders, emergency medical and fire services,
Collier County water management vehicles and personnel, Collier County
transportation vehicles and personnel and Collier County water-sewer district
vehicles and personnel; providing an effective date. Located in Section 20,
Township 51 South, Range 27 East.
Resolution 2004-378
Page 23
December 14, 2004
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B. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Petition V A-2004-AR-
6140, Pine Ridge Center and Pine Ridge Center West PUDs, represented by
D. Wayne Arnold, AICP ofQ. Grady Minor & Associates, P.A., requesting
two 15-foot variances, one from the required I5-foot setback for the western
boundary of the Pine Ridge Center Planned Unit Development (PUD), and a
15-foot variance from the required I5-foot setback for the eastern boundary
of the Pine Ridge Center West PUD, to permit a O-foot setback from the
common boundary between the two PUDs. It is the applicant's intent, if these
variances are granted, to construct a single office building across the common
property line.
Resolution 2004-379
C. SE-2004-AR-5861, An Ordinance of the Board of County Commissioners of
Collier County, Florida, amending Ordinance Number 04-41, as amended,
the Collier County Land Development Code, by specifically amending
Ordinance 03-51, pertaining to the Wentworth Estates PUD, to correct a
Scrivener's Error due to inclusion of an incorrect Zoning Atlas Map Number
for Wentworth Estates PUD; and by providing for an effective date.
Ordinance 2004-76
D. This item reQuires that all participants be sworn in and ex-parte
disclosure be provided by Commission members. Pinnacle Towers, LLC,
represented by Deborah L. Martohue, Esquire, of Hayes & Martohue, P.A.,
requesting Conditional Use 13 of the (A) Agricultural zoning district for a
518- foot replacement guyed tower and associated facilities, prior existing
524-foot guyed tower destroyed July 12, 2004. The property, consisting of
14.55 acres, is located at 305 Tower Road, northwest intersection of U.S. 41
and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier
County, Florida
Resolution 2004-380
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. DRI-04-AR-6469,
Lucky Strike MK, Inc., represented by R. Bruce Anderson, ofRoetzel &
Andress, LP A, requesting an amendment to the Green Heron Development of
Regional Impact (DRI) Development Order by extending the termination
date from February 7, 1999 to January 1,2009 for property located on the
north side of Radio Road (C.R. 856) and approximately one-half mile east of
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December 14, 2004
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Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East,
Collier County, Florida.
Resolution 2004-381/DO 2004-03
F. Recommendation To Consider Adoption Of An Ordinance Of Collier County
Florida, Amending Collier County Ordinance No. 91-65, To Add A Position
Of Alternate Member On The Affordable Housing Commission.
Ordinance 2004-77
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 25
December 14, 2004
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