Recap 01/11/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
January 11, 2005
9:00 a.m.
Donna Fiala, Chairman, District 1
Fred W. Coyle, Vice-Chair, 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 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.
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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
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. October 22, 2002 - Aquaport Closed Session
Approved as presented - 5/0
C. November 30, 2004 - BCC/Regular Meeting
Approved as presented - 5/0
D. December 6, 2004 - BCC/PUD Monitoring Workshop #3
Approved as presented - 5/0
E. December 6, 2004 - BCC/Conservation Collier Workshop
Approved as presented - 5/0
F. December 7,2004 - BCC/Sidewalk Workshop
Approved as presented - 5/0
G. December 14, 2004 - BCC/Regular Meeting
Approved as presented - 5/0
H. December 17, 2004 - BCC/ Annual Update Inventory Report Workshop
Approved as presented - 5/0
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I. December 17,2004 - BCC/Tourist Development Council Workshop
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
1) Advisory Committee Service Awards
Presented
2) Presentation of the Advisory Committee Outstanding Member award
to Janet Vasey
Presented
4. PROCLAMATIONS
A. Proclamation to designate January 17, 2005 as Martin Luther King Day. To
be accepted by Laverne Franklin and Mary Linda Sanders, President of the
NAACP.
Adopted 5/0
B. Proclamation to designate January 11,2005 as Boy Scout Troop 2001
Philanthropy Day. To be accepted by Boy Scout Troop 2001, Richard
Treiser, Christine Bianchi, Owner of Chrissy's Wildside Café, and
Maryanne McCarty.
Adopted 5/0
C. Proclamation to designate January 16 - 22,2005 as Purple Martin Week. To
be accepted by Mr. Jerry Glasson, President of the Purple Martin Society of
Collier County.
Adopted 5/0
5. PRESENTATIONS
A. SELECTION OF CHAIRMAN AND VICE CHAIRMAN
Commissioner Fred Coyle elected Chairman and Commissioner Frank
Halas elected Vice-Chairman - Approved - 5/0
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B. A report from the Collier County Health Department regarding a study of
the bacteriological safety of the drinking water from private wells in Golden
Gate City.
Presented by Dr. Joan Colfer, Collier County Health Department
Director. After successful testing no additional raw groundwater
sampling in Golden Gate City is recommended at this time.
C. Recommendation to receive an update and provide input for the County
Road 951 project development and environment (PD&E) study, from
Immokalee Road to Alico Road in Collier and Lee Counties.
Motion to accept consultant's recommendations - Approved 5/0
6. PUBLIC PETITIONS
A. Public petition request by Mr. James Bryant to discuss traffic light timing
Briefing by the Transportation Department /Traffic Operations to be
presented during February 8, 2005 BCC Meeting - Consensus
Withdrawn
B. Public Petition request by Goodwill Industries to discuss Attended Donation
Center Program
7. BOARD OF ZONING APPEALS
Withdrawn
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission Members. Y A-2004-AR-5878:
Michael J. Needham and Wendy B. Needham, property owners, represented
by Michael A. Durant of Conroy, Coleman and Hazzard, P.A., requesting a
7-foot variance to the Pelican Bay PUD zoning district from the required 15-
foot rear setback to allow an eight-foot (8) setback, within which the
petitioner wants to extend an existing screen enclosure. The property,
consisting of 17,077 square feet, is located at 720 Bay Tree Court, further
described as Site 7, Block A Pelican Bay Unit One, in Section 4, Township
49 South, Range 25 East, Collier County, Florida.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission Members. SY-2004-AR-6501,
Fidelity Investments, represented by Ryan Kring of Site Enhancement
Services, requests a variance from the limitation of a single pole or ground
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sign for a single-occupancy parcel having frontage of 150 feet or more on a
public street, or combined public street frontage of 2 linear feet or more for
corner lots as allowed by Section 5.06.06.C. of the Land Development Code
(LDC), in order to maintain an existing second ground sign located on the
northeast corner of the property.
Located on the corner of U.S. 41 and Vanderbilt Beach Road
Resolution 2005-34 Adopted 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission Members. Naples Syndications,
LLC, represented by Karen Bishop ofPMS, Inc. of Naples, requesting a
rezone from "PUD" to "PUD" Planned Unit Development known as Warm
Springs PUD by revising the PUO document and Master Plan by increasing
the allowed dwelling units by 290 units to a maximum 540 units, a density
increase from 2.1 units per acre to 4.52 units per acre; to show a name
change from Nicaea Academy PUD; and reflect the PUD ownership change.
The property is located on the east side of Collier Boulevard, approximately
one mile south of Immokalee Road, in Section 26, Township 48 South,
Range 26 East, Collier County, Florida, consisting of 119 +/- acres.
Motion failed 3/2 (Commissioners Henning and Halas opposed)
Continued to January 25, 2005
B. PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight
Nadeau, ofRW A, Inc., requesting a two-year extension of a Planned Unit
Development (PUD) zoning granted by Ordinance No. 2000-0 pursuant to
LDC Section 10.02.13.0 for the North Port Pay PUD. The property,
consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of
the Fahka Union Canal, in Sections 4 & 9, Township 52, South, Range 28
East, Collier County, Florida.
Moved from Item #17 A
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2004-AR6660 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 25 foot wide utility
and drainage easement located along the front of Lot 5, according to the plat
of "Bayfront Gardens" as recorded in Plat Book 14, Pages 114 through 117,
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Public Records of Collier County, Florida, located in Section 6, Township
48 South, Range 25 East.
Resolution 2005-40 - Adopted 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. (BCC acting as the CRA) Appointment of member to the
Bayshore/Gateway Triangle Local Redevelopment Advisory board.
Resolution 2005-35 Appointing Rodney J. Garner - Adopted 5/0
B. Appointment of members to the Environmental Advisory Council.
Resolution 2005-36 Appointing Irv Kraut (Technical) and Lee Horn
(Non-Technical) - Adopted 5/0
C. Appointment of members to the Immokalee Master Plan and Visioning
Committee.
Resolution 2005-37 Appointing Floyd Crews and Richard L. Heers -
Adopted 5/0
D. Appointment of members to the Isle of Capri Fire Control District Advisory
Committee.
Resolution 2005-38 Appointing Regina Day, and re-appointing J. Jay
Cavanaugh and Benjamin F. Pearson and to re-advertise for other
position- Adopted 5/0
E. Recommendation to declare a vacancy on the Parks and Recreation
Advisory Board.
Resolution 2005-39 Declaring a vacancy - Adopted 5/0
F. Commissioner Henning request discussion regarding the fee scheduled,
particularly the resubmittal fees, of the Environmental Impact Statements.
During the November 14, 2004 BCC meeting, a Resolution amending the
Collier County Administrative code Fee Schedule of development-related
review and processing fees as provide for the Code of Laws Section 2-11
was brought before the BCC. See Fee Schedule change 41, page 14
(attached), from Nov. 14th meeting agenda. Environmental Impact
Statement (EIS) fee is $1600.00; 2nd submittal $1500.00; 3rd submittal
$1000.00, 4th and subsequent submittals $500.00. These fees are not
consistent with other fee schedules.
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G.
Direct staff to bring back after re-examining the fee structure _
Approved 5/0
Discussion regarding request by David E. Bryant representing Empire
Builders and the HD Development PUD at Olde Cypress. (Commissioner
Fiala.)
Staff to evaluate PUD w/ Petitioner to determine if issues can be readily
addressed and bring back to the BCC on February 22, 2005 - Approved
5/0
Added
H.
Discussion regarding a resolution supporting the acquisition of Babcock
Ranch, a 91,000 acre habitat for Florida's endangered wildlife.
(Commissioner Coletta request)
Resolution 2005-41 - Adopted 5/0
Added; Withdrawn at the Approval of Today's Agenda - Approved - 5/0
I. Discussion regarding the Pelican Bay Annexation report. (Commissioner
Henning request)
10. COUNTY MANAGER'S REPORT
A. Recommendation to Confirm the Appointment of Ms. Marla Ramsey to the
position of Public Service Division Administrator. (Jim Mudd, County
Manager)
Approved 5/0
B. Recommendation to approve Contract Amendment No.1, Exhibit E, for a
Guaranteed Maximum Price (GMP) of up to $16,600,000 under Contract
No. 04-3576, Construction Manager at Risk Services for Courthouse Annex
and Parking Garage, with Kraft Construction Company, Inc. for the
construction of the Courthouse Annex Parking Deck, project 52010 and to
approve the necessary budget amendment. (Len Price, Administrator,
Administrative Services)
Approved 5/0
C. This item has been continued from the December 14. 2004 BCC meetin!!
and is further continued to the January 25.2004 BCC meetin!!. Staff
report and recommendation in response to the Public Petition presented at
the Oecember 14, 2004 BCC meeting by Robert France regarding parcel
exchange at 36 4th Avenue NE. (Jim DeLony, Administrator, Public
Utilities)
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D. This item has been continued from the November 30.2004 BCC
Meetin!!. Recommendation to adopt a Resolution authorizing the
acquisition by Condemnation of non-exclusive, perpetual utility and
maintenance easements, temporary construction easements, and access
easements for the construction of a sewer force main, raw water mains and
well sites required for the South County Regional Water Treatment Plant
(SCRWTP) Reverse Osmosis Well field Expansion to 20-MGD, Project
Number 708921, at a cost not to exceed $2,622,850. (Jim DeLony,
Administrator, Public Utilities) Copies of the Technical Memorandums and
Exhibit "A" are on display in the Board of County Commissioners Office,
3rd Floor, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples,
FL. (Jim DeLony, Administrator, Public Utilities)
Resolution 2005-42 and Resolution No. CWS-2005-01 - Adopted 5/0
To be heard prior to #8A
E. Recommendation to approve a Oeveloper Contribution Agreement between
Waterways Joint Ventures, LLC, a Florida general partnership hereinafter
collectively referred to as "Oeveloper," and the County. The right-of-way
donated and the funds received will be for the future construction of a
portion of Tree Farm Road as a minor collector added as a supplemental to
the Collier Boulevard (CR-951) improvement project #65061. (Norman
Feder, Administrator, Transportation Services)
Approved - w/change 5/0
To be heard prior to #8A
F. Recommendation to approve a Developer Contribution Agreement between
Naples Syndications, LLC, hereinafter collectively referred to as
"Oeveloper", and the County. The funds received will be for the future
construction of a portion of Tree Farm Road as a minor collector added as a
supplemental to the Collier Boulevard (CR-951) improvement project
#65061. (Norman Feder, Administrator, Transportation Services)
Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 11 :00 A.M. Recommendation that the Board of
County Commissioners direct outside council (Gavin & Tripp, P.A.), in
conjunction with the County Attorney, to take all appropriate steps to protect
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the County's interests in connection with 558 purported Bert Harris Act
claims allegedly arising out of the adoption of the Rural Fringe Growth
Management Amendments and Implementing Regulations.
Motion to approved staff's recommendation- Approved 5/0
Moved to Item #16Kll- Approved 5/0
B. Recommendation for Approval of the Settlement Agreement and Mutual
Release between Collier County and Kenco Development, Inc.,
Pebb1ebrooke Lakes Limited Partnership, through its general partner,
Saundry Associates, Inc. in reference to Case No. 04-3094-CA that is now
pending in the Circuit Court of the Twentieth Judicial Circuit for Collier
County, Florida.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
1. Tax Bill layout update from the Tax Collector
2. Survey of property owners in Goodland regarding Boats Ramps within Park _
No survey to be done
3. County Attorney's office to prepare a Resolution to supercede 98-498
4. Commissioner Henning's explanation for voting no on Item #8A -Collier
County needs affordable Housing. Attorney Andrew Solis for Warm Springs
PUO would like item to be reconsidered and will discuss with Commissioners
Henning and Halas to answer there concerns
5. Fiala: Traffic Lighting needs to be discussed at a Workshop
6. Coyle: would like to have the Land Oevelopment issues moved to the afternoon
sessions or at a time certain for benefit of the public and speakers, this change
will be on the next agenda
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken in one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item (s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Agreement for Sale and Purchase
with Kit Kraft for 1.59 Acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $17,900.
Parcels located in Golden Gate Estates, Unit 53.
2) Recommendation to approve an Agreement for Sale and Purchase
with Gordon M. Blake and Katharine Blake for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $13,900.
Parcels located in Golden Gate Estates, Unit 53.
3) Recommendation to approve for recording the final plat of "Heritage
Bay Commons", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Approved with stipulations
4) Recommendation to approve Lien Resolutions for the following Code
Enforcement Case Numbers; 2004090342/Galloway, Barbara,
200401 1292/Joyce Et AI, Wallace Landon, 2004080049/Wisniewski,
Leonard, 2003060430/Park East Dev. Ltd., 200490674/Caruana,
James & Rachel, 2004080496/Buchman, Walter, 2004090347/Go1den
Florida Resort Inc., 2004090870/Tay1or, Peggy 2004080475/La
Quinta Homes ofSW FL Inc., 2004080474/La Quinta Homes ofSW
FL Inc., and 2003120304/Arevalo, Jesus & Rodriguez, Maria Cruz.
Resolution 2005-01 through Resolution 2005-11
5) Recommendation that the Board of County commissioners set a
public hearing date for June 14, 2005 for consideration of a proposed
Development Order for a Development of Regional Impact for
Petition DRI-04-AR-6293, The Town Of Ave Maria.
6) Recommendation to approve Lien Resolutions for the following Code
Enforcement Case Numbers 2004070662/Joyce Et AI, Wallace
Landon, 2004050744/Holaway, Jo Gene, 2004070613/Cavataio,
Salvatore & Antoinette, 2004060752/Hamiliton Bay Dev LLC,
2004060750/ Hamilton Bay Dev LLC, 2004011253/Caffa- Mobley Et
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AI, Priscilla, 2004060676/Murphy, John E. 2004030534/Reding,
Oavid and 2004050246/Bayshore Land Development LLC.
Resolutions 2005-12 through Resolution 2005-20
7) Recommendation to approve Satisfaction of Liens for Code
Enforcement Board Case Nos.: 2004036 Board of County
Commissioners vs. Oel H. Ackerman; 95-012; Board of County
Commissioners vs. Louis Fi10stin and Ocepha Polite; 2001-018;
Board of County Commissioners vs. Philip and Anna Marrone and
2004-021; Board of County Commissioners vs. Greg and Jane Bee
As detailed in the Executive Summary
8) Recommendation to approve the agreement between Collier County
and St. Matthew's House, Inc. the administration of an Emergency
Rental Assistance Program for the purposes of providing individual
households with emergency rental assistance for the payment of rent,
security deposits and utility deposits.
As detailed in the Executive Summary
9) Recommendation to terminate Contract #02-3317 with Henderson,
Young and Company relative to the Educational Facilities Impact Fee
Update Study, waive the formal competition process and solicit
proposals to select a new consultant to update the Educational
Facilities Impact Fee (estimated amount not-to-exceed $65,000)
The schedule specifications and outlined tasks of the contract
have been unable to be completed.
10) Recommendation to approve two Satisfaction of Liens for Resolution
No's: 03-447 and 04-276 styled Board of County Commissioners vs.
Claudette and Maurice Tremblay.
As detailed in the Executive Summary
11) Final Acceptance of water utility facilities for Capital Self Storage,
Phase 1.
With release of Utilities Performance Security.
12) Recommendation to approve a resolution by the Board of County
Commissioners (BCC) of Collier County, Florida, amending the
Collier County Administrative code to establish procedures for
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expediting the development review process for qualified affordable
housing.
Resolution 2005-21
B. TRANSPORTATION SERVICES
1) To approve the attached Interlocal Agreement and supporting
resolution as required for addition of Everglades City to the Collier
MPO.
Resolution 2005-22
2) Recommend Board's approval of Adopt-a-Road Agreements for the
following: Jean-Marc Katzeff-South Bay Realty, Glades Realty &
Captain Brock, Global Title Company, Marie-Ange Katzeff-South
Bay Realty and Marie-Ange Katzeff South Bay Realty.
At a total cost of $450.00 for six (6) signs.
3) Recommendation to approve a Resolution to reduce the speed limit on
Collier Boulevard (CR 951) from 55 miles per hour to 45 miles per
hour for the section from Davis Boulevard to Cedar Hammock
Boulevard at a cost of approximately $400.
Resolution 2005-23
4) Recommendation to approve the use of transit enhancement funds
(313) to purchase a new transit bus under Florida Public
Transportation AssociationlHarline contract 2003 -07 -01, trolley decal
wrap and necessary equipment (in the estimated amount of $286,500).
Waiving formal competition
5) Recommendation to approve a Resolution approving and authorizing
the Chairman of the Board of County Commissioners to execute a
Local Agency Program Agreement with the Florida Oepartment of
Transportation, which Agreement implements up to $695,200 for the
design and construction of roadway lighting and replacement of
sidewalks on State Road 84 from US 41 to Airport-Pulling Road by
Collier county, with reimbursement by the Florida Oepartment of
Transportation.
Resolution 2005-24
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6) Recommendation to award bid #05-3760 "Airport Pulling Road
(Cougar Blvd. to Vanderbilt Beach Road), Orange Blossom (Airport
Pulling to Yarberry Lane) Roadway Grounds Maintenance" to
Commercial Land Maintenance, Inc. in the amount of$65,169.70.
As detailed in the Executive Summary
7) Recommendation to approve award of a construction contract with
AP AC-Southeast, Inc. for intersection improvements in the amount of
$544,565.20 on New Market Road at Charlotte Street, Bid # 05-3742.
As detailed in the Executive Summary
8) Recommendation to approve Amendment No.1 to Agreement No. C-
13925 between the South Florida Water Management District
(SFWMD) and Collier County.
To provide design and construction services for a water control
structure, a gate culvert, in conjunction with the Vanderbilt
Beach Road widening project.
9) Adopt a resolution requesting transfer of access road right-of-way
from FDOT to Collier County for the Immokalee Road Project and
approve and enter into an agreement implementing same.
Resolution 2005-25
10) Recommendation to allow the Transportation Division to advertise
and receive bids for proposed roadway and drainage improvements to
Immokalee Road from US 41 to 1-75, Project No. 66042. Estimated
fiscal impact is $19,000.00.
As detailed in the Executive Summary
11) Recommendation to Approve Contract for RFP #04-3684, "Vanderbilt
Beach Road Extension Corridor Study," (Project Number 60168) in
the total amount of $599,558.
To evaluate the transportation impacts of extending Vanderbilt
Beach Road east of its current terminus, which is approximately 2
miles east of CR 951.
C. PUBLIC UTILITIES
1) Recommendation to award Bid 05-3755 to Motors & Bearings
Concept, Inc., for the purchase of Falk gear reducers for the North
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County Water Reclamation Facility - Oxidation Ditch Aerator Motors
and Drives Rehabilitation in the amount of$29,455.50, Project
725112.
To maintain critical equipment to meet peak wastewater
demands.
2) Recommendation to approve work Order CDM-FT-05-02, under
Contract 00-3119, FixedTerm Professional Utility Engineering
Services, with Camp, Dresser & McKee, Inc., for engineering services
related to adding two new public water supply wells (Wells 35 and
36) to the Tamiami Wellfield in an amount not to exceed $246,058;
Project 70158.
To increase the reliability of the existing Wellfield and to provide
backup capacity.
3) Recommendation to award Bid #04-3716R to Hannula Landscaping,
Inc. for Installation of Irrigation and Landscaping at the South County
Water Reclamation Facility and to approve a budget amendment for
total project funds in the amount of $84,032.09, Project 725071.
To restore the SCWRF 32-acre site with the installation of an
irrigation system and landscaping.
4) Recommendation to Approve a Blanket Purchase Order with U.S.
Filter for Maintenance and Repair of Odor Control Units at Both the
North County Water Reclamation Facility and the South County
Water Reclamation Facility, in the Amount of$145,094.
To have the odor control units function at optimum condition.
5) Recommendation to approve a resolution authorizing a loan
agreement with the Florida Department of Environmental Protection
(FDEP) for construction costs associated with Goodlette Frank Road
Force Main & Reclaimed Water Main and Pump Station 1.03
projects; Establishing pledge revenue designating authorized
representatives; providing assurance; providing for conflicts,
severability, and effective date.
Resolution 2005-26
6) Recommendation to award surplus bid #S05-3722 for underground
utility parts, in the amount of$1452.05, for the South County Water
Reclamation Facility Expansion Project, 73949.
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To dispose of excess parts and materials remaining at the
SCWRF.
7) Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
Fiscal impact is $10.00 to record the Satisfaction of Lien.
With Hollie Diane Brooks
8) 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 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-27
9) 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 1994
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30 to record the Satisfactions of Lien.
Resolution 2005-28
10) 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 1995
Solid Waste Collection and Oisposa1 Services Special Assessments.
Fiscal impact is $40 to record the Satisfactions of Lien.
Resolution 2005-29
11) 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
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30 to record the Satisfactions of Lien.
Resolution 2005-30
D. PUBLIC SERVICES
1) Recommendation to approve a resolution to accept a donation in the
amount of $776.84 willed to the Human Services Department Services
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for Seniors program and approve the required budget amendment in
the amount of$776.84.
Resolution 2005-31
2) Recommendation to approve an operations plan for the East Naples
Skate Park, accept donations of material and labor for improvements,
and budget funds for continued operations.
To make use of the skate park at East Naples Community Park in
a way that best serves the community.
3) Recommendation to declare the parcels known as Best Friend Park
surplus property.
4) Recommendation to grant a Deed of Conservation Easement to South
Florida Water Management District for the Collier County North
Naples Regional Park, at a cost not to exceed $175.00, Project
806021.
To comply with requirements issued in connection with the
development of the Collier County North Naples Regional Park
(Park) Site.
5) Recommendation to approve a budget amendment to recognize and
appropriate private contribution revenue of $11 ,000 for Domestic
Animal Services.
To provide funds received through private contributions to
purchase additional field and kennel equipment not previously
budgeted in FY -2004-05.
6) Recommendation to approve a budget amendment in the amount of
$50,000 to cover pre-acquisition expenses related to the purchase of
Caribbean Gardens and adjoining lands from the Fleischman family
To pursue the purchase in a timely manner.
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Bid #04-3714 to Terminix International
Company as primary provider for annual pest control services.
For County Facilities @ a total annual cost of service, $27,500.00.
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2) Recommendation to award Bid No. 05-3733 Handyman/Minor
Carpentry Services to Wm. J. Varian Construction Co. Inc., Bradanna
Inc. and Made in Rio, Inc. for routine carpentry services
For repair and maintenance of building structures.
3) Recommendation to ratify modifications to and deletions from the
2005 Fiscal Year Pay and Classification Plan made from September
28, 2004 through Oecember 17, 2004.
The modifications result from organizational realignments, the
addition of new job responsibilities and comparisons to market
data. The deletions result from certain classifications becoming
obsolete as a result of organizational realignments.
4) Recommendation to award Bid #04-3706 - "Chemicals for Utilities"
to various vendors in the estimated annual amount of$987,807.73.
As detailed in the Executive Summary
5) Recommendation to approve a two-year Lease Agreement with
Congressman Connie Mack for the use of County-owned office space
for a total of $20.00 and to approve a budget amendment totaling
$55,816.20 for the renovation of office space for Congressman Mack
and State Representatives Mike Davis and Oudley Goodlette.
Lease to run from January 3, 2005 to January 2, 2007.
Resolution 2005-32
6) Recommendation that the Board of County Commissioners, acting in
their capacity as Trustee of GAC Land Trust, approve and execute an
agreement which provides $60,200 from the GAC Land Trust Fund to
the Big Corkscrew Island Fire Control & Rescue Oistrict for the
purchase of various equipment.
For the purchase of office furniture and training and
communication equipment for the administrative facility being
constructed by the Big Corkscrew Fire Control & Rescue District
at 13260 Immokalee Road behind Fire & Rescue Station #10 in
Golden Gate Estates. A portion of the money will go toward the
purchase of enough Bunker Gear (boots, coats, and pants) to
outfit ten fire fighters.
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January 11, 200S
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7) Report to the Board of County Commissioners concerning the sale
and transfer of items associated with the county surplus auction of
Oecember 4,2004, resulting in $8,717.50 in gross revenues.
As detailed in the Executive Summary
8) Recommendation to approve the renewal of group insurance coverage
and services for calendar year 2005.
As detailed in the Executive Summary
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners Rescind
Award of Bid #04-3613 for Pelican Bay-Gulf Park and Oakmont
Irrigation Installation to Collier Irrigation, Inc.
2) Recommendation that the Board of County Commissioners approve a
$57,000 increase to Bid #05-3749 for Clam Bay Interior Channel
Construction Phase III, to Floraquatics, Inc.
For construction of additional channels
3) Recommendation to approve the purchase of 125 Post Market
Evaluation Automated External Defibrillator's (AED's) for placement
on Collier County Sheriffs Office (CCSO) first responder patrol units.
To maximize the survival rate of patients which fall victim to out-
of-hospital sudden cardiac death.
4) Approval of budget amendments
As detailed in the Executive Summary.
5) Recommendation to approve a budget amendment appropriating
Carryforward Revenue in the Livingston Road Phase II Beautification
MSTU to fund Final Transactions prior to closing the Fund.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Approve a budget amendment in the amount of$ll5,000 for
professional services required for the Environmental Resource Permit
(ERP) and master development process at the Immoka1ee Airport.
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January 11, 200S
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For the design, permitting, bidding and construction services for
an eleven acre, surface management area (LAKE).
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to File for Record with Action as
Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the budget amendments appropriating
carry forward and expenditure budgets for open purchase orders for
non-profit funds and for unexpended budget for project funds at the
end of Fiscal Year 2004.
As detailed in the Executive Summary
2) Recommendation that the Board of County Commissioners make a
determination of whether the purchases of goods and services
documented in the Oetailed 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 of Open
Purchase Orders is on display in the County Manager's Office, Collier
County Government Center, 3301 East Tamiami Trail, 2nd Floor, W.
Harmon Turner Building, Naples, Florida.
For the period from November 27, 2004 to December 10,2004
3) 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 Oetailed Report of Open
Purchase Orders is on display in the County Manager's Office, 3301
East Tamiami Trail, W. Harmon Turner Building, 2nd floor, Naples,
FL.
For the period from December 11,2004 to December 24, 2004
K. COUNTY ATTORNEY
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January 11, 200S
r ....
1) Recommendation to approve the Stipulated Final Judgment relative to
the simple fee acquisition of Parcel 130 in the lawsuit entitled Collier
County v. North Naples Fire Control & Rescue District, et al., Case
No. 02-1702-CA (Goodlette Rd. Project 60134).
Staff to pay the sum of $5,772.20 to Quarles & Brady, LLP Trust
Account, for proper disbursement.
2) Recommendation to approve the Stipulated Final Judgment relative to
the perpetual, non-exclusive road right-of-way, drainage and utility
easement acquisition of Parcel 118 in the lawsuit entitled Collier
County v. Collier Development Corporation, et al., Case No. 04-3821-
CA (Immokalee Road Project 66042).
Staff to pay the sum of $3,036 to Bond, Schoeneck & King, P.A.,
Trust Account, for proper disbursement.
3) Recommendation for the Board of County Commissioners to Approve
a Stipulated Final Judgment Relative to the Acquisition of Parcel 751
in the Lawsuit Styled Collier County v. Regent Park Cluster Homes
Association, Inc., et aI., Case No. 04-3452-CA (Immokalee Road
Project #66042).
Staff to deposit the sum of $3400.00 into the Registry of the Court
and direct payment of $150 service fee to the Clerk of Court.
4) Recommendation to approve an Agreed Order A warding Appraisal
Fees as to Parcels 151 and 152 in the lawsuit styled Collier County v.
John F. Sudal, et aI., Case No. 02-5168-CA (Immokalee Road Project
60018).
Staff to pay the sum of $10,000.00 to Calhoun, Collister &
Parham, Inc.
5) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement relative to the
acquisition of Parcels 183 and 184 in the lawsuit styled Collier
County V Mary Lou Adsit, et al., Case No. 04-0506-CA (Vanderbilt
Beach Road Project 63051).
Staff to deposit the sum of $37,000.00 into the Registry of the
Court and direct payment of the $150.00 service fee to the Clerk
of Court.
20
January 11, 200S
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6) Recommendation to authorize the making of an Offer of Judgment
pursuant to Section 73.032, Fla. Stat., to Respondent, Mary Lou Adsit,
Individually and as Trustee of the Trust Agreement dated December
16, 1999 ("Respondent"), in the amount of $224,400.00, as full
compensation, excepting attorney's fees and costs, for the acquisition
arising out of the condemnation of Parcel No. 181 in Collier County v.
Mary Lou Adsit, et al., Case No. 04-506-CA.
As detailed in the Executive Summary
7) Recommendation to authorize the making of an Offer of Judgment
pursuant to Section 73.032, Fla. Stat., to Respondents, Patrick J.
Murphy and Sharol Murphy ("Respondent"), in the amount of
$49,600.00, as full compensation, excepting attorney's fees and costs,
for the acquisition arising out of the condemnation of Parcel No. 185
in Collier County v. Patrick J. Murphy, et a/., Case No. 03-5270-CA
(Vanderbilt Beach Road Project 63051).
As detailed in the Executive Summary
8) Recommendation that the Board authorize an increase of Purchase
Order No. 4500037900, Tinter & Assoc., Inc., expert witnesses and
consultants for the County in the lawsuit entitled Collier County v.
Wal-Mart Stores, Inc., et al., (Immokalee Rd. Project 66042), for an
amount not to exceed $75,000.00.
As detailed in the Executive Summary
9) Recommendation to approve the Settlement prior to hearing on
Collier County's Motion for Final Summary Judgment in the lawsuit
styled: Canger v. Collier County, Case No. 02-2300-CA-HDH CA.
Total settlement of $4,000.
10) Recommendation that the Board of County Commissioners approve
the waiver of the application of Resolution No. 98-498 in connection
with recent public records requests received from the Sheriff provided
that the Sheriff also imposes no charges with respect to recent public
records requests sent to his agency by County Staff. (Staff request).
Moved from Item #12B
11) Recommendation for Approval of the Settlement Agreement and
Mutual Release between Collier County and Kenco Development,
Inc., Pebblebrooke Lakes Limited Partnership, through its general
21
January 11, 200S
partner, Saundry Associates, Inc. in reference to Case No. 04-3094-
CA that is now pending in the Circuit Court of the Twentieth Judicial
Circuit for Collier County, Florida.
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 AUTHORIZED
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 OF THE ITEM. FOR THOSE ITEMS, WHICH ARE
QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN
IN.
Moved to Item #8C
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Recommendation to
approve Petition A VPLA T2004-AR6660 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 25 foot wide utility
and drainage easement located along the front of Lot 5, according to the plat
of "Bayfront Gardens" as recorded in Plat Book 14, Pages 114 through 117,
Public Records of Collier County, Florida, located in Section 6, Township
48 South, Range 25 East.
B. SE-04-AR-6538, a Ordinance amending Ordinance Number 04-33, the
Community School of Naples Rezone to correct a scrivener's error resulting
from the unintentional omission of Zoning Atlas Map 9512N in the Title of
the Ordinance and the body of the Ordinance resulting in an incorrect legal
description in the adopted Ordinance for the property located on the west
side of Livingston Road approximately Y2 mile north of Pine Ridge Road in
Section 12, Township 49 South, Range 25 East, Collier County, Florida.
Ordinance 2005-01
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January 11, 200S
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Continued Indefinitely
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2004-AR-6300
Frank L. Veasley representing Bethel Assembly of God Church, Inc.
requests approval of a Conditional Use in the RMF -6 Zoning District
pursuant to Table 2 of Section 2.04.03 of the Collier County Land
Development Code, to allow for the expansion of an existing church by
adding a gymnasium on the subject 4.79 +/- acre site. The subject parcel is
located at 1225 West Main Street in Immokalee, which is on the south side
of West Main Street and approximately 1,500 feet west ofS.R. 29, in
Section 4, Township 47 South, Range 29 East, Collier County, Florida.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation to
approve Petition A VPLA T2004-AR6852 to disclaim, renounce and vacate
the County's and the Public's interest in a 15 foot wide drainage easement
located on Tract "J", according to the plat of "Stratford Place", as recorded
in Plat Book 40, Pages 15 through 21, Public Records of Collier County,
Florida, and to accept a 15 foot wide relocation drainage easement on a
portion of said Tract "J", located in Section 18, Township 49 South, Range
26 East.
Resolution 2005-33
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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January 11, 200S
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