Recap 03/08/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
March 8, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1 - Absent
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITE:'\1
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
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK
TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT
ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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March 8, 2005
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 AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Associate Pastor David Swicegood, Marco Presbyterian Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted with changes - 4/0
B. February 8, 2005 - BCC/Regular Meeting
Approved as presented - 4/0
C. February 9,2005 - BCC/District 2 Town Hall Meeting.
Approved as presented - 4/0
D. February 15,2005 - BCC/Listed Species Workshop
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1) Presentation of the Advisory Committee Outstanding Member
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March 8, 2005
A ward to Michael Delate, Land Acquisition Advisory
Committee.
Presented
4. PROCLAMATIONS
A. Proclamation to designate the week of March 6th through March 12th,
2005, as Extension Living Well Week. To be accepted by Carol Yates and
Mary Tarnowski.
Adopted - 4/0
B. Proclamation to recognize the Parks and Recreation Department and its
staff for becoming accredited to the National Committee on Accreditation.
To be accepted by Marla Ramsey, Public Services Administrator and the
Parks and Recreation Staff.
Adopted - 4/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by Jeff Bluestein to discuss Code Enforcement
Board Case No. 97-029 on behalf of Anthony Varano.
Discussed
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
Continued to the March 22, 2005 BCC Meeting
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2003-AR-4326:
Dieudonne and Lunie Brutus represented by Ronald F. Nino, AICP, of
Vanasse Daylor, requesting Conditional Use approval in the Village
Residential (VR) zoning district for a church or house of worship for the
Tabernacle of Bethlehem Church pursuant to LDC Sections 2.04.03, Table
2 and 10.08.00. Property is an 0.69-acre tract located at 305 3rd Street
South, in Section 4, Township 47 South, Range 29 East, Immokalee,
Florida. (COMPANION ITEM TO V A-2003-AR-4327)
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March 8, 2005
Continued to the March 22, 2005 BCC Meeting
B. This item requires that all participants to be sworn in and ex-parte
disclosure be provided bv Commission members. V A-2003-AR-4327:
Dieudonne and Lunie Brutus, (regarding the Tabernacle of Bethlehem
Church), represented by Ronald F. Nino, AICP, of Vanasse Daylor, request
the following variances in the VR zoning district for a Conditional Use
(LDC §4.02.02.E.): 1) from the minimum one-acre lot area; to allow an
existing structure on an 0.69 acre tract to be converted to a church use; 2) to
reduce the front yard setback from the required 35 feet to 20 feet; 3) to
reduce the required 33 parking spaces to 19 spaces (LDC §4.04.04.G.Table
17); and; 4) to reduce the landscape buffer on the north and south property
lines from the required I5-foot type "B," to allow a 10-foot wide type "B"
buffer (LDC §4.06.02 Table 24). Property is located at 305 3rd Street
South, in Section 4, Township 47 South, Range 29 East, Immokalee,
Florida. (COMPANION ITEM TO CU-2003-AR-4326)
Moved from Item #17 A
C. This item requires that all participants to be sworn in and ex-parte
disclosure be provided bv Commission members. V A-2004-AR-6793
Leobardo & Maritza Gutierrez represented by Daniel D. Peck, of Peck and
Peck, are requesting a 5-foot after-the-fact variance in the "E" Estates
zoning district from the minimum required 75-foot front yard setback,
along 47th Avenue N.E. (southern boundary), to allow a 70-foot front yard
setback for a single-family home that is currently under construction.
Resolution 2005-114 - Adopted -4/0
8. ADVERTISED PUBLIC HEARINGS
A. 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, which includes the comprehensive land
development regulations for the unincorporated area of Collier County,
Florida, by providing for: Section one, recitals; Section two, findings of
fact; Section three, adoption of amendments to the Land Development
Code, more specifically amending the following: Chapter 6 - infrastructure
improvements and adequate public facilities requirements, including Sec.
6.06.02 sidewalk, bike lane, and greenway requiremen,ts; Chapter 10 -
application, review, and decision-making procedures, including Sec.
1 0.02.03.b.l. Final site development plan procedure and requirements;
Section four, conflict and severability; Section five, inclusion in the Collier
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March 8, 2005
County Land Development Code; and Section six, effective date.
Final version to be brought back to March 22, 2005 meeting with BCC
staff recommendations
Continued Indefinitely
B. This item was continued from the February 8 BCC meetine.
Recommendation to consider adoption of an ordinance establishing the City
Gate Community Development District (CDD) pursuant to Section
190.005, Florida Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Land Acquisition Advisory Committee.
Resolution 2005-110 Re-appointing Kathy Prosser and William H.
Poteet, Jr. - Adopted - 4/0
B. Appointment of members to the Immokalee Beautification MS TU
Advisory Committee.
Resolution 2005-111 Re-appointing Rita Avalos, Cherryle Thomas, and
Dorcas F. Howard and waiving the term limitation - Adopted - 4/0
C. Request to consider allowing the Haitian American Corporation, Inc. use of
the Immokalee Community Park in Immokalee free of charge for the
purpose of holding a Haitian Play and Art Festival to be held May 28, 2005
and May 29, 2005. (Total cost $780.00) (Commissioner Coletta)
Approved w/conditions - 4/0
D. Appointment of members to the Parks and Recreation Advisory Board
Resolution 2005-112 Appointing Darrol Riffle and Timothy Toole and
welcoming Jose Nunez to participate when available - Adopted - 4/0.
Withdrawn
E. Discussion regarding "No Jake Brake" signage on Oil Well Road and
Everglades Boulevard. (Commissioner Coletta)
F. Appointment of members to the Collier County Code Enforcement Board.
Resolution 2005-113 Re-appointing Sheri Barnett and Appointing
Nicholas Hemes - Adopted - 4/0
10. COUNTY MANAGER'S REPORT
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March 8, 2005
_,,~___~_w¥.~-^.>_· ,
A. Recommendation to adopt FY06 Budget Policy.
Approved - 4/0
B. This item to be heard at 9:30 a.m. Recommendation to review the written
and oral reports of the Advisory Boards and Committees scheduled for
review in 2005 in accordance with Ordinance No. 2001-55, including the
Bayshore Beautification MSTU Advisory Committee, LelyGolfEstates
Beautification Advisory Committee, Radio Road Beautification Advisory
Committee, Vanderbilt Beach Beautification MSTU Advisory Committee,
Bayshore/Gateway Triangle Local Redevelopment Advisory Board, and the
Golden Gate Estates Land Trust Advisory Committee.
Bayshore Beautification MSTU serve as a valid public purpose
Approved - 4/0; Lely Golf Estates Beautification serve as a valid public
purpose Approved - 4/0; Radio Road Beautification serve as a valid
public purpose Approved- 4/0; Vanderbilt Beach Beautification
MSTU serve as a valid public purpose Approved- 4/0;
Bayshore/Gateway Triangle Local Redevelopment serve as a valid
public purpose Approved- 4/0; Golden Gate Estates Land Trust
Advisory Committee serve as a valid public purpose Approved- 4/0
C. Recommendation to award a construction contract in the amount of
$25,689,039.43 to John Carlo, Inc. and reserve $1,258,000 in funding
allowances to construct road and utility improvements on 1mmokalee Road
Six-laning Project, from U.S. 41 to 1-75; Project No. 66042B; Bid No. 05-
3788; Fiscal Impact $26,947,039.43
Approved - 4/0
D. Recommendation to approve RFP #05-3770, to be posted to solicit bids for
"Design-Build" services for capacity improvements to 1mmokalee Road
from immediately west of 1-75 to immediately east of CR 951 Collier
Boulevard", County Project No. 69101.
Approved - 4/0
E. Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida directing that Ad Valorem
revenues (generated from .15 mils) shall be dedicated ~o Collier County's
Stormwater Utility for Fiscal Year 2006 and the next nineteen fiscal years.
Resolution 2005-115 Adopted - 3/1 (Commissioner Henning opposed)
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March 8, 2005
F.
Recommendation to authorize the purchase of long lead-time equipment, to
approve the award of Contract #05-3743 and Bid #05-3738, and to approve
the necessary budget amendment for upgrades and modifications to the
Lime Softening Water Treatment Plant Process at the South County
Regional Water Treatment Plant, Project 700571, in the amount of
$3,943,270.
Approved - 4/0
Added
G.
Recommendation to terminate the Lease Agreement between Gulf Coast
Skimmers Water Ski Show, Inc. and Collier County.
Terminate with 180 day notice Approved - 4/0
Moved from Item #16A8
H. Recommendation that the Board of County Commissioners approve a
$43,800 budget amendment from Fund 131 Developer Services Reserves to
Fund 131 Prior Year Reimbursements to cover a refund associated with a
Stewardship Sending Area Application.
Approved - 4/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Wayne Sherman urged to work with Collier County staff regarding the
proposed Emergency Management Services Facility location.
12. COUNTY ATTORNEY'S REPORT
A. David Weigel regarding a closed-session meeting during the BCC
meeting on March 22, 2005 discussing the overpass litigation
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd regarding the March 17, 2005 legislative trip to Tallahassee
B. Jim Mudd's proposed workshop with FEMA and the City of Naples
regarding the March 31, 2005 flood map deadline
C. Jim Mudd confirming the March 22Dd, 2005 BCC Meeting Agenda:
Coconilla will be heard on Tuesday afternoon; the rest of Items #7 & #8
to be heard on the morning of the March 23, 2005
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March 8, 2005
D. Commissioner Henning regarding legislative issues to be covered in
Tallahassee on March 17, 2005
E. Commissioner Halas regarding Commissioner Fiala's loss of her sister
F. 1-75 Expansion update by Commissioner Halas and comments by
County Manager Jim Mudd
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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 w/changes - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Whispering Woods". The
roadway and drainage improvements will be privately maintained.
Resolution 2005-103 wi release of Maintenance Security
2) Recommendation to approve for recording the final plat of
"Veronawalk Phase 2C", approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
Continued Indefinitely
3) Recommendation to allow County Staff to administratively issue
Development Excavation Permits and Vegetation Removal and Site
Filling permits as required for Saturnia Falls (Terafina PUD) located
in Section 16, Township 48 South, Range 26 East.
w /stipulations
4) Recommendation to approve for recording the final plat of
"Andalucia", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
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March 8, 2005
5) Recommendation to approve for recording the final plat of "Mediterra
Parcel 125 Replat", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
wlstipulations
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Ibis Cove Phase 2C". The
roadway and drainage improvements will be privately maintained.
Resolution 2005-104 w/release of Maintenance Security
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Islandwalk Phase 5B"
The roadway and drainage improvements will be privately
maintained.
Resolution 2005-105 w/release of Maintenance Security
Moved to Item #10H
8) Recommendation that the Board of County Commissioners approve a
$43,800 budget amendment from Fund 131 Developer Services
Reserves to Fund 131 Prior Year Reimbursements to cover a refund
associated with a Stewardship Sending Area Application.
9) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 2.
With release of Utilities Performance Security
10) Recommendation to approve final acceptance of water utility facilities
for Whisper Trace, Fiddler's Creek.
With release of Utilities Performance Security
11) Recommendation to approve final acceptance of water and sewer
utility facilities for Mediterra Golf Course Rest Shelters.
With release of Utilities Performance Security
12) Recommendation to approve final acceptance of water and sewer
utility facilities for Mediterra, Unit One.
With release of Utilities Performance Security
13) Recommendation to approve final acceptance of water and sewer
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March 8, 2005
utility facilities for Carlton Lakes, Unit 3C.
With release of Utilities Performance Security
14) Recommendation to approve final acceptance of water utility facilities
for Sterling Greens at Glen Eagle Tr J, Phase II.
With release of Utilities Performance Security
15) Recommendation to approve for recording the final plat of
"Veronawalk Phase 3A", approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
B. TRANSPORTATION SERVICES
1) 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 State Department of Transportation, in which
Collier County would be reimbursed up to $437,500 of the total
estimated cost of $500,000 for the design and construction of
Sidewalks - Various Locations; (2) authorize $437,500 to be
reimbursed by FDOT and the County's contribution of $62,500 from
Gas Tax Reserves (313); and (3) approve future fiscal year annual
costs of sidewalk maintenance and include all necessary budget
amendments.
Resolution 2005-106
2) Recommendation to approve a budget amendment in the amount of
$102,986 for funds from the Federal Transit Administration for the
Collier Area Transit (CAT) system.
For the replacement, rehabilitation and purchase of buses,
equipment, and the construction of bus-related facilities
3) Recommendation to approve an Agreement for the conveyance of
easements required from Villas at Mandalay Development, LLC for
the construction of improvements to Rattlesnake Hammock Road
between Polly Avenue and Collier Boulevard, and the installation of
an underground drainage pipe along a portion of the frontage of the
development, within Rattlesnake Hammock Road right-of-way
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March 8, 2005
(Project No. 60 1 69)(Estimated Fiscal Impact: Not to exceed
$150,000.)
For the construction of four-lane improvements
4) Recommendation to approve Adopt-A-Road Agreements with
Freedom Tax Services SW Florida, Landmark Naples Home Owners
Association, T.J. Turf Farm, Gulfstream Homes, Collier Cleaning
Company and Marine Corps League of Naples.
At a total cost of $150.00 for new signs
5) Recommendation to award Bid #05-3689 to Ground Zero
Landscaping Services, Inc. for the Bayshore Beautification MSTU
Roadway Grounds Maintenance and authorize the Chairman to
execute the standard contract after review by the County Attorney's
Office.
In the amount of $69,606.20 for FY 2004-2005
6) Recommendation to award a contract in the amount of $530,000 to D.
N. Higgins, Inc. for the River Oaks, Palm River Subdivision culvert
replacement Project (Project No. 51007), and approve a budget
amendment to transfer funds in the amount of $554,600.00.
Contract No. 04-3535
7) Recommendation to approve the three (3) Landscape Maintenance
Agreements between the Lely Golf Estates Beautification MSTU with
the Board of County Commissioners, as governing board and (1) Lely
Square Partnership, (2) Earl C. and Charlotte J. Koops and (3) Buena
Vida, for the landscaping and maintenance on St. Andrews Boulevard.
As Detailed in the Executive Summary
8) Recommendation to accept a final status report from the I-75/Golden
Gate Interchange Ad Hoc Advisory Committee.
As Detailed in the Executive Summary
C. PUBLIC UTILITIES
1) Recommendation to authorize purchase of a PilQt Water Filtration
Unit for the South County Water Treatment Plant 12-MGD RO
Expansion and award Bid 05-3727, Project 70097, for $125,950.00 to
Aerex Industries.
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March 8, 2005
As Detailed in the Executive Summary
2) Recommendation to approve, execute and record Satisfactions for
certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal
impact is $28.50 to record the Satisfactions of Lien.
Spikeco, Inc., (Folio #00725440000); Robert G. and Barbara A.
Stinson, (Folio #81732320006)
3) 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 2005-107
4) 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 Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2005-108
5) 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 $30.00 to record the Satisfactions of Lien.
Resolution 2005-109
6) Recommendation to approve a new easement to be deeded to Florida
Power & Light Company (FP&L) for electrical power service for the
Reuse Pumping Station at the North County Water Reclamation
Facility (NCWRF), Project 739501, for a minor recording fee.
As Detailed in the Executive Summary
7) Recommendation that the Board of County Commissioners, as Ex-
Officio the Governing Board of the Collier Cou~ty Water-Sewer
District, declare the QualServe Workshop a valid and proper Public
Purpose and approve the expenditure for an on-site QualServe
Workshop in a sum not to exceed $500.00.
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March 8, 2005
As Detailed in the Executive Summary
8) Recommendation to reject all bids for Bid 05-3766 and to provide
authorization to re-bid for "Pigging Station for Immokalee Road 30"
Force Main", Project 73943.
To encourage competitive bidding and get the best pricing for the
County on the construction
9) Recommendation to accept five grant agreements for alternative water
supply projects from the South Florida Water Management District in
the amount of $750,000.
As Detailed in the Executive Summary
10) Recommendation to waive the competitive bidding process and award
a contract for technical assistance to perform post implementation
review, work flow analysis & documentation of operating procedures
for Special Assessment software system and create procedures for
new County programs-Cat a not to exceed cost of $99,200).
As Detailed in the Executive Summary
D. PUBLIC SERVICES
1) Recommendation to award bid #05-3759 for rental of portable toilets
to J. W. Craft, Inc. at an estimated cost of$26,000 countywide.
To provide sanitary facilities for use at County facilities and
County sponsored events
2) Recommendation to approve application and Memorandum of
Understanding for a Safe Havens: Supervised Visitation and Safe
Exchange Grant in the amount of $350,000 from the United States
Department of Justice.
To provide supervised visitation and safe visitation exchange of
children by and between parents in situations involving domestic
violence, child abuse, sexual assault or stalking
3) Recommendation to accept donated funds in the amount of$79.29
and approve a budget amendment recognizing the revenue and
appropriating funds for Immokalee Community Park.
To enhance recreation programs through private contributions
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March 8, 2005
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve an amendment to the external Auditing
Contract 03-3497 Auditing Services for Collier County between
KPMG, LLP and Collier County in an amount not to exceed $58,100
for the purpose of performing a group health insurance third -party
administration claims audit of the County's group health insurance
claims administrator, CBSA, Inc.
As Detailed in the Executive Summary
2) Recommendation to ratify a staff report on Property, Casualty,
Workers' Compensation and Subrogation Claims settled and/or closed
by the Risk Management Director pursuant to Resolution # 2004-15
for the first quarter ofFY 05.
As Detailed in the Executive Summary
3) Recommendation to reject all responses received under Invitation to
Qualify 05-3779, Construction Services for the Vanderbilt Beach
Parking Garage and reissue as a bid, project 90295.
4) Recommendation to approve standard form contracts for use in the
acquisition of construction services, construction management
services and professional services.
To ensure that the needs and interests of Collier County
Government are clearly set forth and protected contractually
5) Recommendation to approve payment of$454.07 to the State of
Florida Department of Revenue for taxes due, interest and penalty
fees for late fuel tax filings in Fiscal Year 2003.
F. COUNTY MANAGER
1) Recommendation to approve Amendment No.1 to Work Order #HM-
FT-05-02 under Contract #01-3271, Fixed Term Professional
Engineering Services for Coastal Zone Management Projects, with
Humiston & Moore Engineers for Shorebird Monitoring related to
Hideaway Beach Renourishment, Project 90502, in the amount of
$11,648.00. .
2) Recommendation to Approve Two (2) Contractual Service
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March 8, 2005
Agreements between Collier County and the East Naples, and Golden
Gate Fire & Rescue Districts to provide Fire Protection and Rescue
Services within the Collier County Fire Control District at a cost of
$176,400.
For fire protection and rescue services to the Collier County Fire
Control District
3) Recommendation to approve a budget amendment.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
Withdrawn
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will be attending
the 2005 Humanitarian A ward Luncheon honoring Clyde Butcher on
March 11,2005 at the Ritz-Carlton Golf Resort at Tiburon; $100.00 to
be paid from Commissioner Fiala's travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
for attending the Lincoln Day Fundraiser to be held at the Naples
Beach Hotel and Golf Club on March 12,2005 sponsored by the
Collier County Republican Executive Committee. This fundraising
event will have two prestigious Congressmen as keynote speakers;
$75.00 to be paid from Commissioner Coletta's travel budget.
3) Commissioner Halas requests Board approval for reimbursement for
attending the Lincoln Day Fundraiser to be held at the Naples Beach
Hotel and Golf Club on March 12, 2005 sponsored by the Collier
County Republican Executive Committee. This fundraising event will
have two prestigious Congressmen as keynote speakers; $75.00 to be
paid from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File for Record with Action as Directed.
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March 8, 2005
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners designate
the Sheriff as the Official Fiscal Year 2005 Applicant and Program
Point-of-Contact for the United States Department of Justice, Bureau
of Justice Assistance, Edward Byrne Memorial Justice Assistance
Grant (JAG) Program, accept the Grant when awarded, and approve
applicable budget amendments.
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 Detailed Report of Open Purchase Orders dated
January 22,2005 to February 18,2005 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, 2nd Floor, W. Harmon Turner Building, 3301 East
Tamiami Trail, Naples, FL 34112.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment as to Parcel
139 in the lawsuit styled Collier County v. John Aurigemma, et al.,
Case No. 04-344-CA (Vanderbilt Beach Road Project 63051).
Staff to pay the sum of $6,400 to Policastro & LeRoux, P .A. Trust
Account
2) Recommendation that the Board authorize staff to open a Purchase
Order for Gerson, Preston Robinson & Co., P.A., to be used as an
expert witness and consultant for the County in the acquisition of
wellfield easements for the "South County Regional Water Treatment
Plant 20-MGD Wellfield Expansion" (SCRWTP) Project No. 70892,
for an amount not to exceed $50,000.00
As Detailed in the Executive Summary
3) Recommendation for the Board of County Commissioners to Approve
an Agreed Order for Payment of Appraisal Fees, in Connection with
Parcel No. 1 in the Lawsuit Styled Collier County v. Francisco
Lemus, et al., Case No. 03-2788-CA (13th Street Project #69068).
As Detailed in the Executive Summary
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March 8, 2005
4) Recommendation that the Board of County Commissioners approve
the Agreed Order with Respondent, Crown Castle GT Company,
LLC, in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et
al., Case No. 03-05l9-CA. (Immokalee Road Project Number 60018)
Staff to make payments as specified in the Agreed Order
5) Recommendation to approve the Mediated Settlement Agreement
with Respondents, David and Barbara S. Burgeson for Parcel No. 170
in the lawsuit styled Collier County v. Thomas F. Salzmann, et al.,
Case No. 03-2550-CA (Golden Gate Parkway Project 60027). One of
the property owners and parties to the proposed Mediated Settlement,
Barbara Burgeson, is employed by Collier County in the Department
of Environmental Services. This property was condemned for Collier
County's Golden Gate Parkway project and approval of the proposed
Mediated Settlement does not create a conflict of interest for the
Board. This is consistent with the Commission on Ethics Opinion 78-8
As Detailed in the Executive Summary
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, WmCH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Moved to Item #7C
A. This item requires that all participants to be sworn in and ex-parte
disclosure be provided by Commission members. V A-2004-AR-6793
Leobardo & Maritza Gutierrez represented by Daniel 1;). Peck, of Peck and
Peck, are requesting a 5-foot after-the-fact variance in the "E" Estates
zoning district from the minimum required 75-foot front yard setback,
along 47th Avenue N.E. (southern boundary), to allow a 70-foot front yard
17
March 8, 2005
setback for a single-family home that is currently under construction.
Continued to the March 22, 2005' BCC Meeting
B. This item has been continued from the Februarv 22.. 2005 BCC
Meetint!. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. PUDZ-A-2003-
AR-4942 - Conquest Development USA, LC, requesting a PUD to PUD
rezone for property located on the East Side of Collier Boulevard (CR 951)
and approximately 1 3/4 Miles South of Tamiami Trail (Us 41), further
described as Silver Lakes, in Section 10 & 15, Township 51 South, Range
26 East, Collier County, Florida.
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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March 8, 2005