Recap 04/12/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
April 12, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3 (Via Phone)
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
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April 12, 2005
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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
T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor David Mallory, First Assembly of God
Added
B. Motion to include Commissioner Henning to participate in meeting via
telephone
Approved - 4/0
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 w/changes - 5/0
B. March 8, 2005 - BCC/Regular Meeting
Approved as presented - 5/0
C. March 9, 2005 - BCC/District 4 Town Hall Meeting
Approved as presented - 5/0
D. March 23,2005 - BCC/District I Town Hall Meeting
Approved as presented - 5/0
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April 12, 2005
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1. Presentation of the Advisory Committee Outstanding Member Award
to Carol Wright, Vanderbilt Beach Beautification MSTU Advisory
Committee.
Presented
2. Advisory Committee Service Awards
Presented
4. PROCLAMATIONS
A. Proclamation to recognize the month of April as Child Abuse and
Neglect month. To be accepted by Jacqueline Griffith Stephens, M.A.,
Executive Director.
Adopted - 5/0
B. Proclamation to designate the week of April 10 through April 16, 2005 to
honor Crime Victims. To be accepted by Sergeant Cathy Lambert of the
Collier County Sheriffs Office, Beth Knake, Project Help, and Kathy
Hermann, Shelter for Abused Women.
Adopted - 5/0
C. Proclamation to designate the week of April 10th, 2005 as Art Appreciation
Week. To be accepted by Elaine Hamilton, Executive Director of the United
Arts Council.
Adopted - 5/0
D. Proclamation to recognize the month of April as Fair Housing Month. To be
accepted by Candance Tapscott and Jeff Cecil from Housing and Urban
Development.
Adopted - 5/0
E. Proclamation to designate April 20, 2005 as Distinguished Public Services
Awards Day. To be accepted by Jill Rapps, Ciccarelli Advisory Services,
and Tom Wagor of Fifth Third Bank.
Adopted - 5/0
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April 12, 2005
F.
Proclamation to designate April 12, 2005 as Mrs. Leila Canant Day. To be
accepted by Mrs. Canant
Adopted - 5/0
Added
G.
Proclamation recognizing the week of April 10 through 16, 2005 as Public
Safety Telecommunications Week. (Sheriff's Office request)
Adopted - 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. To be heard at 10:00 a.m. This item has been continued from the March
22. 2005 BCC Meetin2. Recommendation to Approve an Ordinance
Amending Ordinance No. 92-60 Relating to Tourist Development Taxes, as
Amended, to expand the use of Category C-2 uses to include Municipal
Owned Museums; to change the percentages ofC-l& C-2 uses and to enable
the use of surplus Tourist Tax Funds for additional promotion.
First motion to approve staff's recommendations with funds for only
2005 failed for lack of a supermajority - 3/2 (Commissioner Coyle and
Commissioner Halas opposed)
Ordinance 2005-18: A motion was made to change percentages of
Category "C" uses - Adopted 5/0
Durin2 Item #15 - Staff and Commission General Communications:
A motion to reconsider - Fails 2/2 (Commissioner Coyle and
Commissioner Halas opposed, Commissioner Henning absent); Motion
to bring back as an Emergency Ordinance - Fails 2/2 (Commissioner
Coyle and Commissioner Halas opposed, Commissioner Henning
absent); Motion to bring back in two meetings - Fails 2/2
(Commissioner Coyle and Commissioner Halas opposed, Commissioner
Henning absent)
Continued to May 10, 2005
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April 12, 2005
B. This petition reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDA-2004-
AR-6786 Vanderbilt Partners II, LLC, represented by Richard Yovanovich,
of Goodlette, Coleman & Johnson, P .A., requesting to amend the
Cocohatchee Bay PUD document for the limited purpose of amending the
Bald Eagle Management Plan and related references in the PUD document.
The subject property, consisting of 532 acres, is located in Sections 8, 16, 17
& 20, Township 48 South, Range 25 East, Collier County, Florida.
Continued to May 10, 2005
C. This item reauires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2003-AR-4493,
Santa Barbara Landings PUD, requesting a rezone from Residential
Multiple-Family-6 (RMF-6) to Residential Planned Unit Development
(RPUD) to be known as the Santa Barbara Landings PUD for property
located at the southeast comer of Radio Road and Santa Barbara Boulevard,
in Section 4, Township 50 South, Range 26 East, Collier County, Florida.
D. To be heard immediately followin2 #8A Recommendation to approve the
Fiscal Year 2005-2006 Collier County Consolidated Plan One- Year Action
Plan for $3,524,802 for Community Development Block Grant (CDBG),
Home Investment Partnerships (HOME) and Emergency Shelter Grant
(ESG) programs, authorize required HUD certifications, approve execution
of sub-recipient agreements by Community Development and
Environmental Services (CDES) Division Administrator, and submit to the
United States Department of Housing and Urban Development (HUD).
Resolution 2005-157 Adopted 4/1 (Commissioner Henning opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the County Government Productivity
Committee.
Resolution 2005-158 Appointing John F. Barlow, Jr., and James A.
VanFleet - Adopted 3/0 (Commissioner Fiala out and Commissioner
Henning absent)
B. Appointment of member to the Lely Golf Estates Beautification Advisory
Committee.
Resolution 2005-159 Appointing David Larson - Adopted 3/0
(Commissioner Fiala out and Commissioner Henning absent)
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April 12, 2005
C. Appointment of members to the Radio Road Beautification Advisory
Committee.
Resolution 2005-161 Re-appointing Wilfred Jaeger with waiver of term
and appointing Gloria Patterson - Adopted 4/0 (Commissioner Henning
absent)
D. Appointment of member to the Environmental Advisory Council.
Resolution 2005-160 Appointing Nick Penniman - Adopted 3/0
(Commissioner Fiala out and Commissioner Henning absent)
E. Commissioner Coyle requesting Board approval to send a letter of support to
the Naples Airport Authority for their effort to secure federal assistance
under the Small Community Air Service Development Program.
Approved 4/0 (Commissioner Henning absent)
Withdrawn
F. Consider a request from Kathy Prosser, President and CEO of Conservancy
of Southwest Florida, to appoint a Board of County Commissioner to the
Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle)
10. COUNTY MANAGER'S REPORT
Continued to April 26, 2005
A. This item has been continued from the March 22. 2005 BCC Meetin2.
Recommendation to approve Resolution 2005-_ creating the Habitat
Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator,
Community Development)
Withdrawn
B. Recommendation to adopt a resolution authorizing the acquisition by
condemnation, if necessary, of perpetual, non-exclusive road right-of-way,
drainage and utility easements, and a temporary construction easement,
which will be required for the construction of roadway, drainage and utility
improvements for the Golden Gate Parkway / Airport-Pulling Road Grade
Separated Overpass - Project No. 60006. (Fiscal Impact: $366,200) (Norman
Feder, Administrator, Transportation Services)
C. Recommendation to approve Phase Two of a contract for RFP-04-3629
"Consultant Services for the Public Involvement Element of the
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April 12, 2005
Metropolitan Planning Organization Long-Range Transportation Plan 2030
Update" in the total amount of$180,153.63. The Long-Range
Transportation Plan Update is available for review in the County Manager's
Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail,
Naples, FL.(Norman Feder, Administrator, Transportation Services)
Approved 4/0 (Commissioner Henning absent)
D. Recommendation that the Board of County Commissioners accept the
Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue
an alternate plan of a pedestrian dune crossover and restroom facility. The
Tigertail Beach Park Boardwalk Feasibility Study is available for review in
the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301
East Tamiami Trail, Naples, FL. (Marla Ramsey, Administrator, Public
Services)
Staff to provide information and recommendations regarding
restrooms, better sign age, walkover across the mangroves and tram
permitting - Consensus
E. To resolve the Sheriffs FY05 budget appeal by providing the Sheriffhis fair
share of the funds from recent reimbursements from FEMA and the
Department of Juvenile Justice for Sheriff operations in FY05. (Mike
Smykowski, Director, Office of Management and Budget)
Motion to provide $2,468,178 in additional FY 05 funding to the
Sheriff's Office - Approved 5/0
F. Recommendation to approve, and authorize the Chairman to sign: (1) an
Interlocal Agreement with The Board of Supervisors of the Ave Maria
Stewardship Community District, whereby Collier County agrees to reserve
to the District sufficient capacity on Collier County's road public facilities to
complete the build-out of the Town of Ave Maria, and (2) a Developer
Contribution Agreement with Ave Maria Development LLLP, wherein the
County has agreed to accelerate the widening of Oil Well Road from
Immokalee Road to Camp Keais Road, in exchange for the donation of an
estimated $7,500,000 in right of way and other substantial considerations.
The executive summary and agreements will be distributed separately from
the agenda packet prior to the Board meeting.
Motion to continue item to the April 26, 2005 BCC meeting - Approved
4/0 (Commissioner Henning absent)
Moved from Item #16C12
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April 12, 2005
G. Recommendation to approve and execute a Real Estate Sales Agreement for
the sale of 2.05 acres to The Glades Country Club Apartment Association,
Inc. for a net revenue of $228,121.
Approved and is in the Public's interest - 4/0 (Commissioner Henning
absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd - Agreements regarding Ave Maria (Item #IOF)
B. Jim Mudd - $100,000 offer to City of Naples - Consensus
C. Commissioner Halas - Super Target Store; Malibu Lakes PUD signage on
building
D. Commissioner Coletta - Regarding (Item #8A), Tourist Development
Taxes, needs further discussion (see Item #8A)
E. Commissioner Coletta - Impact Fee Legislation advertisement that ran:
Motion made that ad served as a valid public purpose - Approved 4/0
(Commissioner Henning absent)
F. Commissioner Fiala - Recognized Leila Canant
G. Commissioner Coyle - Develop an Impact Fee advertisement to run
addressing: The danger to the County if the bill passes, the legislation is
moving forward, the Florida Building Industry is behind this bill and
citizen's need to contact their legislators to actively oppose the bill in
Tallahassee
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
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April 12, 2005
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve Petition A VESMT2004-AR6248 to
disclaim, renounce and vacate the County's and the Public's interest
in a portion of the Lake Drainage Easement conveyed to Collier
County by separate instrument and recorded in Official Record Book
2473, Pages 1510 through 1604, Public Records of Collier County,
Florida, located within the Cypress Woods Golf and Country Club
development in Section 18, Township 48 South, Range 26 East,
Collier County, Florida.
Resolution 2005-138
2. Recommendation to approve the submittal of the attached grant
funding request in the amount of $70,000 to the Big Cypress Basin so
that the Conservation Collier Program may contract for administrative
help in order to identify willing sellers and make periodic status
reports in the Winchester Head Multi-parcel Acquisition Project.
As detailed in the Executive Summary
3. Recommendation to approve a Vegetation Removal and Site Filling
Permit for Saturnia Falls (Terafina PUD), for an area not to exceed
approximately 369 acres located in Section 16, Township 48 South,
Range 26 East, subject to: I. County staff administratively
determining LDC compliance for identified administrative approval
criteria of such permits, and 2. prior issuance of all other required
agency permits.
As detailed in the Executive Summary
4. Recommendation to approve for recording the final plat of "Bristol
Pines Phase I", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
With stipulations
5. Recommendation to approve one (1) impact fee reimbursement
requested by Interplan LLC on behalf of Staples, Incorporated,
totaling $201,983.92, due to building permit expiration and
subsequent cancellation.
As detailed in the Executive Summary
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April 12, 2005
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6. Recommendation to approve the Release and Satisfaction of Lien for
the following cases: Rene Bravo 04-09200-COA; Robert D. Bidlack
2003-045; Keith T. Heckman 2003-058; Keith T. Heckman 2003-059;
Eligio & Manuela Santos 2004110618 and 2004110884; Lynda
Pasqua S.O 140565; Wesner & Gabrielle Moise 2003-053; Brad &
Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George &
Sandra Parsons 2004-025; Keith T. Heckman 2004-074; Benigno &
Maria Lopez & Roderick H. Hilgeman 2002-031; Tsalach
Investments 2003-438; MAC Builders, Inc. 2005-54 and 2005-55;
Julio Dominguez 2001-214 and 2001-221; Lloyd G. Sheehan 2001-
321; Guy E. & Diane J. Baur 2003-284; Guy E. & Diane J. Baur
2002-61; Hamilton Bay Development, LLC 2004-129; Michael &
Judith Austin 2004060620 and 2004060649; William Bell S.O
140578; Eh & Catherine Pretschold 2004-272; David Redding 2005-
19; Family Storage 2003-283; Golden Florida Resort, Inc. 2005-07;
James & Rachel Caruana 2005-05; Margarita Munoz 2004-267;
Patrascu Ruset S.O 140592.
As detailed in the Executive Summary
7. Recommendation to approve a resolution supporting the preservation
of the Community Development Block Grant (CDBG) program
funding within the United States Department of Housing & Urban
Development (HUD).
Resolution 2005-139
8. Budget Amendment - Prior year reimbursements
As detailed in the Executive Summary
9. Recommendation to adopt a Resolution opposing enactment into law
of specified clauses of proposed Senate Bill 7048 providing for a local
option real estate transfer surtax on deeds and related limits and
restrictions on impact fee rates that, if enacted, will have a detrimental
effect on the County's ability to provide necessary and required
growth-related capital improvements.
Resolution 2005-140
B. TRANSPORTATION SERVICES
1. Recommendation to Approve Selection of Qualified Firm and Award
a Contract Under ITN 05-3583 "CEI Services for Collier County
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April 12, 2005
Road Projects"
Awarded to PBS & J, Inc., in the amount of $2,550,968 for Project
No. 66042B "Immokalee Road Six-Laning Project from U.S. 41 to
1-75".
2. Recommendation to purchase 10.6 acres of land at the intersection of
Collier Boulevard and Golden Gate Boulevard.
To be used as a retention pond for the treatment of stormwater
run-off for Project No. 65061 and Project No. 68056.
3. Recommendation to approve the purchase of Parcel Nos. 119, 719 and
719A required for the construction of the six-Ianing of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee
Road. (Project No. 65061, Capital Improvement Element No. 37).
Fiscal Impact: $201,500.00.
As detailed in the Executive Summary
4. Recommendation to approve Change Order No.2 to Contract #04-
3654 with Vila and Son Landscaping, for Livingston Road (Pine
Ridge Road to Vanderbilt Beach Road) Landscape Beautification in
the amount of $82,382.36.
To increase the scope of work under the Contract.
5. Recommendation to approve a reimbursement to the State of Florida
for overpayment of Fuel Taxes with associated interest and penalties
for the months of August, September and October 2004 in the amount
$12,699.32.
As detailed in the Executive Summary
6. Recommendation to approve the piggybacking of the City of West
Palm Beach contract to purchase laid in place Polymer Modified Cold
Mix Paving (Micro-Surfacing) for Road and Bridge Maintenance
amount estimated to be $1,100,000.
To provide a cost effective alternative that will subsidize the
County's Annual Overlay Program.
7. Recommendation to approve an Interlocal Agreement with The
School District of Collier County, Florida, whereby Collier County
agrees to fund one half of the total design and construction costs, not
to exceed $1.3 million, for a vehicular bridge linking Tropicana
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April 12, 2005
Boulevard to Golden Gate High School, and allocate $200,000 of
reserved funds for traffic calming and turn-lane improvements in
Golden Gate City.
As detailed in the Executive Summary
8. Recommendation to approve Bid #05-3793, Immokalee Phase 2-B
Sidewalk Installation and Refurbishment in the amount of
$279,821.90 to Douglas N. Higgins, Inc. including a five (5) percent
Contingency. The sidewalk segments will be connecting to S.R.29
between First Street and Ninth Street.
As detailed in the Executive Summary
9. Recommendation to adopt a resolution to urge the Florida Department
of Transportation to make the necessary maintenance repairs
consistent with the recent Bridge Inspection Reports on the S.S. Judge
Jolley Bridge over Big Marco Pass and the presentation made at the
March MPO meeting.
Resolution 2005-141
C. PUBLIC UTILITIES
1. 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.
As detailed in the Executive Summary
2. 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.
As detailed in the Executive Summary
3. Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $38.50
to record the Satisfactions of Lien.
As detailed in the Executive Summary
4. 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 1991 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
, Page 12
April 12, 2005
impact is $20.00 to record Satisfaction of Lien.
Resolution 2005-142
5. 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 2005-143
6. 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 2005-144
7. 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 2005-145
8. Recommendation to approve the acquisition of a 40-foot by 50-foot
Utility Easement near the southwest comer of Wilson Boulevard and
18th Avenue NW for a public water supply well site at a total cost not
to exceed $7,425, Project Number 701582.
As detailed in the Executive Summary
9. Recommendation to approve the sole source purchase of cartridge
filters from the George S. Edwards Company in the estimated amount
of $266,000.
To ensure the reliability of the North County Regional Water
Treatment Plant (NCRWTP) and the South County Regional
Water Treatment Plant (SCRWTP) to produce water at full
capacity to meet the water demands of our customers.
10. Recommendation to award Bid Number 05-3757 for the furnishing
and delivery of membrane softening elements to GE Osmonics in the
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April 12, 2005
amount of $891 ,000.
To ensure the reliability of the North County Regional Water
Treatment Plant (NCRWTP) to produce water at full capacity to
meet the water demands of our customers.
11. Recommendation to reject both bids received for the North County
Regional Water Treatment Plant (NCRWTP) Generator Switchgear
Upgrades project, Project 70069, resulting in no costs incurred.
They exceed the engineer's estimate and the available budget.
Moved to Item #10G
12. Recommendation to approve and execute a Real Estate Sales
Agreement for the sale of 2.05 acres to The Glades Country Club
Apartment Association, Inc. for a net revenue of$228,121.
13. Recommendation to award Bid Number 05-3791 for underground
utility supplies to Ferguson Underground Supplies.
For the operation and maintenance of both the Water and
Wastewater Department facilities.
14. Recommendation to approve Payment and Release Agreement
(Agreement) with WCI Communities, Inc. and Tiburon Golf Ventures
Limited Partnership (collectively "Owner") for damages incurred
during the construction of the reclaimed water main alcmg Vanderbilt
Beach Road, at a cost not to exceed $37,077, Project Number 74034.
As detailed in the Executive Summary
15. Recommendation to make a conditional award of Bid #05-3756 to
Mitchell & Stark Construction Company for the North County
Regional Water Treatment Plant (NCR WTP) Lower Hawthorn Wells
18N, 19N, and 20N Pumping and Transmission Facilities, in the
amount of$5,156,000.00, subject to the Florida Department of
Environmental Protection's (FDEP) approval, authorization to incur
costs, and authorization for the Board to execute the subject
construction contract as required by provisions of the low interest rate
State Revolving Fund (SRF) Loan program which will fund this
contract, Project Number 71006.
To construct pumping and transmission facilities for three Lower
Hawthorn raw water supply wells, to increase the reliability of
our water production facilities to ensure adequate capacity to
meet the water demands of our customers.
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April 12, 2005
16. Recommendation to approve Work Orders UC-092 in the amount of
$597,000 and UC-093 in the amount of$397,000 to Douglas N.
Higgins Incorporated for the North County Regional Water Treatment
Plant (NCRWTP) Mid-Hawthorn Wells, Project Number 71006.
To increase the reliability of our water production facilities to
ensure adequate capacity to meet the water demands of our
customers.
17. Recommendation to authorize the approval of Work Orders UC-094
and UC-096 under RFP 04-3535, Underground Utility Contracting
Services, and to authorize the purchase of sole-source equipment, for
specific rehabilitation projects in the amount not to exceed of
$462,208 for the North County Water Reclamation Facility
Rehabilitation, Project 725321.
To maintain critical equipment to meet peak wastewater demands
by rebuilding filter set #1 and replacing four (4) effluent strainers.
18. Recommendation to approve work Order HS-FT-05-03 under 00-3119
- Fixed Term Professional Utilities Engineering Services to Hazen
and Sawyer in the amount of $140,270 for Engineering Services for
the design of Lime Softening Reactor No.1, Project 71023.
To increase capacity and improve the reliability to the existing
lime softening water treatment process and increase distribution
pump capacity at the SCRWTP.
19. Recommendation to approve the after-the-fact submittal of two
Alternative Water Supply Grant Applications to the South Florida
Water Management District for the construction of the North County
Regional Water Treatment Plant (NCRWTP) Mid Hawthorn Zone I
Reverse Osmosis (RO) Well Nos. 101, 102, 114, 115, and 116 in the
amount of$I,397,000, Project 71011.
As detailed in the Executive Summary
20. Recommendation to accept two grant agreements for Regional
Irrigation Distribution Systems (RIDS) Projects from the South
Florida Water Management District in the amount of $200,000.
To increase flows for the North-South reclaimed water
interconnect and increase reliability and movement of flows to
future ASR wells.
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April 12, 2005
21. Recommendation to approve the Selection Committee's decision and
award a Professional Services Agreement to McKim & Creed, P.A.
for Design Engineering Services related to the Reuse System
Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount
of$199,054, Project 740332.
To facilitate end-to-end operational control and monitoring of the
County's Reuse System.
22. Recommendation to approve an amendment of the South County
Regional Water Treatment Plant 8 MGD Reverse Osmosis
(SCRWTP) construction contract to extend the final project
completion date from May I, 2005 until no later than August I, 2005.
As detailed in the Executive Summary
23. Recommendation to approve the after-the-fact submittal of an
Alternative Water Supply Grant Application to the South Florida
Water Management District for the Collier County Manatee Road
Aquifer Storage and Recovery Expansion project in the amount of
$1,739,747, Project 70157.
To increase the reliability of the water supply system to ensure the
ability to meet peak water demands.
D. PUBLIC SERVICES
1. Recommendation that the Board of County Commissioners authorize
the Public Services Administrator to sign the annual application for
funding from the United Way, through the 4H Foundation.
As detailed in the Executive Summary
2. Recommendation to award RFP No. 05-3763 "Signage for Collier
County" to Lykins-Signtek, Inc. with an anticipated annual
expenditure of $25,000.
To provide consistency in signage, streamline acquisition of
signage products and provide for uniform procedures.
3. Recommendation to award Bid No. 05-3782 "East Naples Community
Center Expansion" to Bradanna, Inc. in the amount of$747,800.
To provide nutritious meals and social interaction for low-income
seniors.
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April 12, 2005
4. Recommendation to approve and execute a lease with Randall
Benderson and David H. Baldauf, Trustees, for office space in
Parkway Plaza, Golden Gate City, for the Health Department's
Women, Infants and Childrens' (WIC) program, at an approximate
first year cost of $39,870.
Lease term is for five years with a provision for one, five-year
renewal period.
5. Recommendation to award Work Order #PBS-02-45 in the amount of
$149,250 to Professional Building Systems and approve a TDC
Category "A" Supplemental Grant Application in the amount of
$48,250 for the renovation of Vanderbilt Beach Access #7
To enhance beach access
E. ADMINISTRATIVE SERVICES
1. Recommendation that the Board of County Commissioners approves
the donation of this surplus ambulance to Glory Bound, Inc.
Donated to the Central American Fire Council for the Nicaraguan
Fire Forces to provide emergency medical services to the area.
2. Recommendation to ratify additions to, modifications to and deletions
from the 2005 Fiscal Year Pay and Classification Plan made from
December 18,2004 through March 23,2005.
As detailed in the Executive Summary
3. Request Board to approve the award of Bid No. 05-3790 to Trugreen
Landcare for grounds maintenance for satellite facilities, for an annual
cost of$237,084.00.
As detailed in the Executive Summary
4. Recommendation that the Board of County Commissioners approve
award of Bid #05-3776R, "Fasteners and Wheel Weights for Fleet," to
Lawson Products, Inc.
To maintain and repair County vehicles and equipment.
5. Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
For the period of February 28 - March 31, 2005.
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April 12, 2005
F. COUNTY MANAGER
1. Management Preparedness and Assistance Grant accepting $41,969
and Approve a Budget Amendment to Recognize and Appropriate the
Revenue.
As detailed in the Executive Summary
2. Recommendation to Approve a Budget Amendment to Recognize and
Appropriate Isles of Capri Fire Control District Impact Fee Revenue
in the amount of$55,300 for the Purchase of Equipment.
To purchase equipment necessary to outfit a new fire engine.
3. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A"
Grant Application and Budget Amendment for Tigertail Beach
Entrance Project #900151 submitted by Parks and Recreation
Department in the amount of $6,000.
To complete the project and install the code required fencing and
landscaping.
4. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A"
Grant Application and Budget Amendment in the Amount of
$100,000 for County/City of Naples Annual Beach Monitoring
Project #905362.
As detailed in the Executive Summary
5. Recommendation that the Board of County Commissioners award Bid
#04-3613R in the amount of$322,437.50 for Pelican Bay Irrigation
Installation to Stahlman-England Irrigation, Inc.
As detailed in the Executive Summary
6. Recommendation to adopt a Resolution authorizing the borrowing of
an amount not to exceed $8,000,000 from the Pooled Commercial
Paper Loan Program of the Florida Local Government Finance
Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission in order to finance the
construction of the Vanderbilt Beach Parking Garage; authorizing the
execution of a loan note or notes to evidence such borrowing;
agreeing to secure such loan note or notes with a covenant to budget
and appropriate legally available non-ad valorem revenues as
provided in the loan agreement; authorizing the execution and
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April 12, 2005
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date.
Resolution 2005-146
7. Recommendation to adopt a Resolution supporting enactment into law
proposed Senate Bill 1252 and House Bill 817 relating to the creation
of a School of Engineering at Florida Gulf Coast University.
Resolution 2005-147
8. Recommendation to Adopt a Resolution Opposing Enactment into
Law Proposed House Bill 1565, allowing Municipalities to be Granted
a Certificate of Public Convenience and Necessity (COPCN) without
Meeting the Requirements as Provided for in County Ordinance 2004-
12.
Resolution 2005-148
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1. Recommendation to extend the temporary employee agreement during
the new CRA Director's transition period allowing time to determine
CRA staffing needs.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Coletta requests the Board's approval for payment to
attend Collier County Medical Society's Annual Dinner Meeting as a
valid public purpose where there will be installation of officers for
2005-2006 and recognition of volunteer physicians. It will take place
at the Naples Bath and Tennis Club with guest speaker Dr. Dennis
Agliano, President of the Florida Medical Association. Commissioner
Coletta is seeking this payment as a valid public purpose to allow him
to represent District 5 and to stay abreast of current health issues and
contacts. $50.00 to be paid out of Commissioner Coletta's travel
budget.
To be held on May 7, 2005
2. Commissioner Halas requests Board approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
Halas to attend the Economic Development Council's Membership
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April 12, 2005
Mixer in honor of Gates McVey's 10th anniversary. Event to be held
at 12810 Tamiami Trail North on April 19, 2005; $15.00 to be paid
from Commissioner Halas' travel Budget.
3. Commissioner Halas requests Board approval for reimbursement to
attend a function serving a valid public purpose. Commissioner to
attend The Greater Naples Chamber of Commerce Business After
Five at KIA of Naples, 1472 Airport Road, on April 21, 2005; $5.00
to be reimbursed from Commissioner Halas' travel budget.
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 endorse
the United States Department of Justice and United States Department
of the Treasury Federal Equitable Sharing Agreement valid through
September 30, 2008.
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
March 5,2005 to March 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, Florida.
As detailed in the Executive Summary
3. Recommendation that the Board of County Commissioners serve as
the Local Coordinating Unit of Government in the Florida Department
of Law Enforcement's 2005/2006 Edward Byrne Memorial, Justice
Assistance Grant (JAG) Program and designate the Sheriff as the
Official Applicant, and Sheriffs office staff as Grant Program and
Financial Managers and Point-of-Contact for FDLE's New Grant
Management System.
As detailed in the Executive Summary
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April 12, 2005
4. The Finance and Accounting Department seeks authorization from the
Board of County Commissioners to file the State of Florida Annual
Local Government Financial Report for the Fiscal Year 2003-2004 as
required by Florida Statute 218.32.
K. COUNTY ATTORNEY
1. Recommendation to compromise and release a code enforcement lien
for $26,613.20 the lawsuit styled Collier County v. Anthony J.
Varano, Case No. 04-5901-CA.
As detailed in the Executive Summary
2. Recommendation to approve Agreed Final Order A warding Planning
Expert Fees & Attorney's Fees in the amount of $5,400 as to Parcels
739 & 839 in the lawsuit styled Collier County v. Nancy Johnson
Perry, et aI., Case No. 03-2373-CA (Golden Gate Pkwy Rd Project
60027).
Direct staff to pay the sum of $3,600.00 to Wasala and Associates,
and $1,800.00 to Bella Y. Patel, Trust Account.
3. Recommendation to Approve a Stipulated Pinal Judgment as to Parcel
125 in the amount of $31 ,000 in the Lawsuit Styled Collier County v.
Robert J. Derr, et aI., Case No. 03-2196-CA (Golden Gate Parkway
Project No. 60027). Additional cost to the County is $8782.50 after
credit for amount deposited.
Direct staff to deposit $6,900.00 with the Clerk of Court; and
payment of $150.00 service fee to Clerk of Court.
4. Recommendation to Approve a Stipulated Final Judgment as to Parcel
192 in the amount of $67,000 in the Lawsuit Styled Collier County v.
GJR of Naples, Inc., et aI., Case No. 02-2212-CA (Immokalee Road
Project No. 60018). Additional cost to the County is $18,238.00 after
credit of amount deposited.
As detailed in the Executive Summary
5. Recommendation to approve settlement prior to Trial in the lawsuit
entitled Collier County v. Venor Sylvan, filed in the County Court of
Collier County, Florida, Case No. 04-384-CC, for $2,390.00 and
authorize the Chairman of the Board of County Commissioners to
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April 12, 2005
execute all necessary documents.
As detailed in the Executive Summary
6. Recommendation to approve Arbitrator's Award prior to Trial in the
Lawsuit entitled: Peck-Gittleman, et al. v Affordable Landscaping and
Designing, Inc., et aI., filed in the Twentieth Judicial Circuit, in and
for Collier County, Florida, Case No. 02-717-CA, for $11,250.00 and
authorize the Chairman of the Board of County Commissioners to
execute all necessary documents.
As detailed in the Executive Summary
7. Recommendation Pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners Select and Retain Eric 1.
Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to
Represent Two (2) County Employees Named Individually as
Defendants in the Submitted Amended Complaint in Mohan Thampi
v. Collier County Board of Commissioners, Case No. 2:04-CV-441-
FTM-29SPC, in the United States District Court for the Middle
District of Florida, Fort Myers Division; and Waive the Purchasing
Policy to the extent it applies to the Selection of Outside Counsel
and/or otherwise Exempt the Selection of Outside Counsel from
Competition Pursuant to VII. G. of the Purchasing Policy.
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
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 QUASI-
JUDICIAL 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
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April 12, 2005
approve Petition A VROW2005-AR7118 to disclaim, renounce and vacate
the County's and the Public's interest in the 60 foot wide right of way for
Pine Street lying between Block A and Block B, according to the plat of
"Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records
of Collier County, Florida, located in Section 3, Township 47 South, Range
29 East.
Resolution 2005-149
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6792,
Tim Hancock, AICP of Talon Management, Inc., representing Weslick, LLC
in requesting a variance from Section 5.03.06.E.6 of the Land Development
Code for relief from the required side setback of 7.5 feet to a setback of 2.5
feet for pilings. This variance is being requested not for the dock facility but
for the mooring pilings that will support a boat lift. Property described as
Isle of Capri, Unit I, Lot 87, Section 31, Township 51 South, Range 26 East.
Resolution 2005-150
C. This item reQuires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. Recommendation to
approve Petition A VPLAT2004-AR7022 to disclaim, renounce and vacate
the County's and the Public's interest in the 20 foot wide drainage easement
located along the rear of Tract "I", according to the plat of "Northbrooke
Plaza" as recorded in Plat Book 31, Pages 65 through 66, Public Records of
Collier County, Florida, located in Section 19, Township 48 South, Range
26 East.
Resolution 2005-151
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6720,
John J. Connelly requesting an after-the-fact variance of 5feet 4-inches from
the Vineyards PUD zoning district requirement for a 25-foot front yard
setback for front entry garages to 19-feet 8-inches for property located at
6648 Glen Arbor Way hereinafter described as the Vineyards Arbor Glen
Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East,
Collier County, Florida.
Resolution 2005-152
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members Petition SNR-2004-AR-
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April 12, 2005
6787, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of
Agnoli, Barber & Brundage, Inc. requesting a street name change from Agri
Boulevard to Tradeport Parkway for property located in the Immokalee
Agricom Park, in Section 2, Township 47 South, Range 29 East.
Resolution 2005-153
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members Petition SNR-2004-AR-
6789, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of
Agnoli, Barber & Brundage, Inc. requesting a street name change from
North Grove Lane to Global Drive for property located in the Immokalee
Agricom Park, in Section 2, Township 47 South, Range 29 East.
Resolution 2005-154
G. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members Petition SNR-2004-AR-
6788, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of
Agnoli, Barber & Brundage, Inc. requesting a street name change from
Seedling Boulevard to Commerce Avenue for property located in the
Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East.
Resolution 2005-155
H. 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.
Resolution 2005-156
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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April 12, 2005