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Recap 07/26/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì~" '~ f ,,,,,.,,.--. \ -~= AGENDA July 26, 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 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. 2004-05, 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 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 July 26, 2005 ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. June 8, 2005 - BCC/LDC Meeting Approved as presented - 5/0 C. June 14, 2005 - BCC/Regular Meeting Approved as presented - 5/0 D. June 15,2005 - BCC/Budget Hearings Approved as presented - 5/0 E. June 16, 2005 - BCC/Budget Hearings Approved as presented - 5/0 F. June 20, 2005 - Value Adjustment Board Meeting Approved as presented - 5/0 G. June 28, 2005- BCC/Regular Meeting Approved as presented - 5/0 Page 2 July 26, 2005 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1 ) Jose McGee, Road Maintenance Presented 2) Francis Millot, Bureau of Emergency Services Presented 3) David Weeks, Comprehensive Planning Department Presented B. 30 Year Attendees 1) William Spencer, CDES Engineering Presented 4. PROCLAMATIONS A. Proclamation designating August 1-5, 2005 as Collier County Fire Fighters Appreciation Week. To be accepted by Melissa Pfeffer, Program Coordinator, Muscular Dystrophy Association; Matt Za1eznik, Golden Gate Fire Department; Brian Wertz, North Naples Fire Department; Bill Warren, City of Naples Fire Department; and Matt Johnson, East Naples Fire Department. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Jeanne Nadeau, Code Enforcement Investigator as "Employee of the Month" for July 2005. Presented B. Presentation by Jim Lushine, Warning Coordination Meteorologist, and Rusty Pfost, Chief Meteorologist for the Miami Weather Service Office regarding StormReady. Presented Page 3 July 26, 2005 C. A presentation of a brief overview of "Operation Concerted Effort" a disaster exercise conducted by the Department of Emergency Management on May 5, 2005. Presented D. Presentation of the 2005 Collier County Citizen Survey by the Communication and Customer Relations Department. Presented 6. PUBLIC PETITIONS A. Public Petition Request by Mr. Richard J. Salem, Esquire, to discuss Oakhaven Apartments, Limited Partnership; Extension of "Deferred or Waived" Impact Fees. To be brought back to the September 27, 2005 BCC meeting - Approved 5/0 Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item has been continued to the October 11~ 2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres, is located at 3480 Golden Gate Boulevard S.W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. Continuation Approved - 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. This item continued from the June 28~ 2005 BCC Meetin2. Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Page 4 July 26, 2005 Chapter 74 of the Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as amended), repealing a portion of §74201, and replacing same in §74-401(a); amending Article IV pertaining to the affordable housing provisions to eliminate provisions for waiver of impact fees for affordable housing; establishing a ceiling on the amount of impact fee deferrals; reorganizing provisions in Articles II and IV relating to affordable housing for clarity; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date. Ordinance 2005-40 Adopted - 4/0 (Commissioner Fiala absent) B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR-6631, Big Bear Plaza CPUD, Norman Taylor, represented by Kelly Smith, of Davidson Engineering, Inc., requesting a rezone from the Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for low intensity transitional commercial land uses, convenience commercial land uses and intermediate commercial land uses. The subj ect property, consisting of 5.46 acres, is located at the northeast corner of the intersection of Golden Gate Boulevard and Everglades Boulevard, within Section 5, Township 49 South, Range 28 East, Collier County, Florida. Ordinance 2005-41 Adopted w/stipulations - 4/1 (Commissioner Henning opposed) C. This item to be heard at 3:00 p.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities Planned Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change the name to the Bembridge Emergency Service Complex PUD, amend the previously approved PUD document and Master Plan to show a change in use from residential development and a church or a nursing home, to allow development of community facilities to include an Emergency Management Operations Center, other government facilities, and an existing Elementary School. The project consists of 39.82± acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Page 5 July 26, 2005 Motion to Continue this Item to the September 13, 2005 BCC Meeting Approved - 5/0; Motion to give County Manager Mudd the authority to negotiate with Mr. Stock regarding location in Lely - 5/0 D. This item to be heard at 5:00 p.m. Recommendation to approve an Ordinance Amending Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, for the increase of 1 % to the Collier County Tourist Development Tax to be dedicated 100% to marketing, advertising and promotion and related language changes. Ordinance 2005-43 Adopted w/stipulation - 5/0 E. This item to be heard at 2:00 p.m. This petition reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2005-AR-7085: The Public Utilities Division and the Collier County Board of County Commissioners, represented by Bruce Tyson, AICP, of Wilson Miller, Inc., are requesting an amendment to the Orangetree PUD Document and Master Plan to change the tract designation of approximately 216 acres from Agriculture to Public Facility and Community Use. The primary use of the Public Facility portion of the property will be to locate water treatment and water reclamation facilities. The Community Use portion will be used primarily for park use and a recycling collection center. The amendment will also correct an unintended tract designation error on the Master Plan. The subject property is located in the northeast portion of the Orangetree PUD. Access to the property will be from Immokalee Road using the same road as that for the Collier County Fairgrounds, in Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida. Ordinance 2005- 42 Adopted - 5/0 F. This item to be heard at 11:00 a.m. Recommendation that the Board establish a Municipal Services Benefit Unit pursuant to a petition of property owners to fund the restoration of the lake between 107th Avenue North and 108th Avenue North and improve stormwater management for surrounding properties. Resolution 2005-280 - Adopted w/stipulations - 4/0 (Commissioner Henning out) Moved from Item #17 A G. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. PUDEX-2005-AR- Page 6 July 26, 2005 7501, Livingston Lakes PUD; Section Thirty Corporation, LLC, owner of the Livingston Lakes PUD, represented by Dwight Nadeau, ofRW A, Inc., requesting a 2-year PUD Extension from February 23,2004 (date the PUD sunsetted) to February 23, 2006. The subject property, consisting of 46.73 acres, is located on the east side of Livingston Road, approximately 1;4 of a mile south of Immoka1ee Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2005-283 Adopted w/staff's recommendations - 4/1 (Commissioner Halas opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Tourist Development Council. Resolution 2005-276 - Appointing Clark Wakefield Hill- Adopted 5/0 B. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2005-277 - Appointing Raymond Cabral, Maria C. Herrera- Rodriguez, Anna I. Rodriguez, Cosme Perez and Renato F. Fernandez - Adopted 5/0 C. Appointment of members to the Public Vehicle Advisory Committee. Resolution 2005-278 - Appointing Dale Schultheis, Reg Buxton and Richard Schmidt - Adopted 5/0 D. Appointment of member to the Health Facilities Authority. Resolution 2005-279 - Appointing Larry H. Ray - Adopted 5/0 E. Request Collier County Board of Commissioners approve the opening of the 2005 Cycle I Growth Management Plan Amendments. (Commissioner Coletta) Motion to include this petition in this GMP Amendment Cycle - Approved - 5/0 F. Discussion regarding The Haldeman House. (Commissioner Coletta and Commissioner Fiala) Motion to cooperate with the City of Naples to help preserve the Haldeman House - Approved - 4/0 (Commissioner Coletta out) G. Discussion regarding FEMA Floodplain Mapping Project. (Commissioner Coletta) Page 7 July 26, 2005 .'"-'--""- Motion to discontinue lawsuit against FEMA - Approved 3/2 (Commissioner Coyle and Commissioner Halas opposed) H. Discussion regarding the Operational Efficiency and Effectiveness Study Workshop tentatively scheduled for November 9, 2005. (Commissioner Halas) Approved workshop meeting date - 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $40,000,000 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 acquisition of the Caribbean Gardens property; 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 delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) Resolution 2005-281 - Adopted 5/0; Staff directed to obtain an additional independent appraisal- Approved 5/0 B. Recommendation to adopt the proposed millage rates as the maximum property tax rates to be levied in FY 2006. (Michael Smykowski, Director, Office of Management and Budget) Resolution 2005-282 - Adopted 5/0 C. Recommendation to award a contract to McDonald Transit to provide consolidated management for the Collier Area Transit and the Paratransit System as identified in RFP #05-3845 and to allow staff to negotiate a contract. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 D. Recommendation to approve construction of a sewer force main to change service for the Collier County Government Center from the City of Naples to the Collier County Sewer District, Project number 52005 with an Page 8 July 26, 2005 -_.---'...-~~- ___M_~__"'_~~"'_>'__- estimated fiscal impact of $1 ,650,000.00. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 E. Recommendation to approve a Developers Contribution Agreement (in the amount of approximately $845,000) with Target/Kite Realty Group to finalize the exact size, location and design details for the I -7 5 on ramp at Immokalee Road. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 F. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $20,646,800 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 floors 1-4, Phase I, Project Number 52533. (Skip Camp, Director, Facilities Management) Approved - 4/1 (Commissioner Henning opposed) G. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 "CEI Services for Collier County Road Projects" for Project No. 60005 "Goodlette Frank Road, from Golden Gate Parkway to Pompei Lane in the amount of $1,195 ,286. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 H. Recommendation to award Bid #05-3849 to D. N. Higgins, Inc. and approve the necessary budget amendment for the 12th Avenue Interconnect Booster Pumping Station in the amount of$1,083,000, Project Number 71006. (Jim DeLony, Administrator, Public Utilities) Approved -5/0 Moved from Item #16A15 I. Recommendation to approve a Special Cycle to amend the Collier County Land Development Code, primarily for the purpose of: I) adding a provision for the reclamation of excess intensity from developments that have achieved a built out status with less than the permitted number of dwelling units; 2) adding Transfer of Development Rights (TDRs) bonus provisions; 3) clarifying TDR Credit usage in association with the development of stand alone golf courses and residential golf course projects; and, 4) modifying some Rural Village development standards. Page 9 July 26, 2005 Approved w/changes - 5/0 Moved from Item #16F8 J. Recommendation to approve and transmit Senate Bill 360 Glitch Amendments as provided by Collier County Government Staff to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affairs and the Florida House Committee on Growth Management, and the Florida Association of Counties. Approved w/changes -4/0 (Commissioner Halas absent) Moved from Item #16D9 K. Recommendation to reject Bid No. 05-3824 for Phase II Improvements to Eagle Lakes Community Park. Approved - 5/0: Commissioner Fiala wants the timeline for the project 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson regarding lighting issues in his neighborhood 12. COUNTY ATTORNEY'S REPORT A. David Weigel introduced new members of his office: Colleen Greene and Steven Griffin 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Named Barry Williams as the representative to the Substance Abuse Coalition of Collier County - Consensus B. Confirm vendor & funding w/office of Refugee Service - Consensus (all Commissioners to sign letter to fax) C. BCC Holiday Schedule: Tuesday, November 15, Tuesday, November 29 and Tuesday, December 13, including changing the Southwest Delegation meeting date to Monday, November 14 D. Lobbyist Registrations expire on September 30, 2005 Page 10 July 26, 2005 ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of "Valencia Golf and Country Club - Phase 2", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /stipulations 2) Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions; Alma Walker & Ardis Walker Estate, Resolution 92-64, Resolution 94-642, Resolution 91-130; Park East Dev. Ltd Resolution 2005-04; Alfonse & Greta Bottino, Resolution 2003-04, Resolution 2003-05, Resolution 2003-06; Adela Miazga Resolution 95680; Jesus Gomez, Resolution 2004-148; Priscilla Caffa-Mobley Et AI., Resolution 2005-17; Priscilla Caffa-Mobley, Eddy Washington, Stephanie Davis & Tammy Fletcher, Resolution 2005-45, Morris Thomas, Resolution 2005-67; Evans & Marie Volcy, Resolution 2005-59; Tsalach Investments, LLC., Resolution 2005-58; Valerie S. Tausch, Resolution 2004-274; Paul Riddleberger, Jr., Resolution 200140; Alfredo & Maria Silva, CO 2004100318; John & Susan Quartucci, CO 2004071165; Danialle Steed, CE 0267; Jason & Christina Sellers, 2005030953; Peter C. Amidon TR., 2005040615; Fatima Cagran, 2004020181; Stuart McFetridge, SO 146425; Christy Patenaude & Gabriel DeRose, CO 2005010210; Daniel Ryan, CO 2004120585; Jesse Siongco, SO 109953; Frank Grehl, CE 0154; Elima St. Louis, CO 2005030615; Raymond Daly, CE 1287; Philip Ryder, CE 1456; Norman Erickson, CE 0337; Craig Bartholow, SO 146799; Alan & Inez Moniz, CO 2005020316; Donald Roberts, Jr., CO 2005010855; Martha Lee Johnson, CEB 2004-77; Alexis Palomeque, CEB 2005- 03; Philip and Anna Maria Marrone, CEB 2001-13. Page 11 July 26,2005 _._-_.~",,-- .-,-.- 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Islandwalk Phase One". The roadway and drainage improvements will be privately maintained Resolution 2005-265 w/release of Maintenance Security 4) Recommendation to approve final acceptance of water and sewer utility facilities for Veteran's Park Commons. W /release of Utilities Performance Security 5) Recommendation to approve a Budget Amendment recognizing the Fiscal Year 2006 U.S. Department of Housing and Urban Development (HUD) entitlement funding, State Housing Initiatives Partnership Program (SHIP) allocation and corresponding budgets. Program year begins July 1, 2005 through June 30,2006 6) Recommendation to approve for recording the final plat of "Veronawalk Phase 3B", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security W /Stipulations 7) Recommendation to approve a Budget Amendment in the amount of $400,924 to recognize and accept three (3) grant agreements from the U.S. Department of Housing and Urban Development (HUD) for 2004 Continuum of Care funding and authorizing the Chairman to sign the three grant agreements. Resolution 2005-266 8) Recommendation to approve the application by Sano and Associates, Incorporated, dba High Velocity, for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. As Detailed in the Executive Summary 9) Recommendation to approve an application for participation in the Advanced Broadband Infrastructure Investment Program by Hole Montes, Incorporated. To promote the availability of high-speed Internet connectivity to local businesses Page 12 July 26, 2005 10) Recommendation that the Board of County Commissioners accept the Annual Report on the activities related to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance Program. Covers the annual period through April 30, 2005 11) Recommendation to approve the application by Training and Manufacturing Institute, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. For the development of a training and manufacturing facility in Immokalee for job training and specific-skill training 12) Recommendation to approve a resolution authorizing expenditure of funds for Collier County Planning Commissioners to attend seminars, workshops, and conferences related to their duties. Resolution 2005-267 13) Recommendation to approve an application for participation in the Advanced Broadband Infrastructure Investment Program by NCH Healthcare System, Incorporated for three (3) site locations. Seventh Street North, Pine Ridge Road and Health Park Blvd. 14) Recommendation that the Collier County Board of County Commissioners approve a Budget Amendment in the amount of $39,990, transferring funds from Impact Fee Revenue to Impact Fee Operating Expenses, within Fund 131, for the payment of expenses related to the Fire Protection Impact Fee Update Study and the Educational Facilities Impact Fee Update Study. Moved to Item #101 15) Recommendation to approve a Special Cycle to amend the Collier County Land Development Code, primarily for the purpose of: 1) adding a provision for the reclamation of excess intensity from developments that have achieved a built out status with less than the permitted number of dwelling units; 2) adding Transfer of Development Rights (TDRs) bonus provisions; 3) clarifying TDR Credit usage in association with the development of stand alone golf courses and residential golf course projects; and, 4) modifying some Rural Village development standards. Page 13 July 26, 2005 16) Recommendation to approve the execution of a conditional grant agreement with Big Cypress Housing Corporation, per the U.S. Department of Housing and Urban Development (HUD) recommendations, in order to retain 2003 HOME Investment Partnerships Program funds for the development of the Eden Gardens affordable housing complex. Resolution 2005-268 17) Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. Resolution 2005-269 18) Recommendation to approve Resolution 05-_ accepting the attached Audubon Country Club PUD Bald Eagle Management Plan to replace the existing 1991 and 2001 Management Plans. Resolution 2005-270 B. TRANSPORTATION SERVICES 1) Recommendation to grant easements to Florida Power & Light Company over nine parcels owned by Collier County. To install a supplemental power transmission line from their Orange River power plant in Ft. Myers, out SR 82, down through Immokalee 2) Recommendation to adopt a resolution authorizing the transfer of property from the Florida Department of Transportation to Collier County for public purpose. Estimated fiscal impact: $27.00. Resolution 2005-271 3) Recommendation to approve a budget amendment in the amount of $80,000.00 for Engineering Consulting Services for Stormwater Improvements within the Palm River Country Club Lane Area (Project No. 510074). To design a system of new catch basins and drainage pipes 4) Recommendation to approve Adopt-A-Road Agreements three (3) for the following: Arlene's At Your Service, Liz Appling-Florida Home Page 14 July 26, 2005 Realty and Palmetto Ridge High School JROTC. Total cost of $150.00 for 2 new signs 5) Recommendation to approve the purchase of right-of-way parcels 114 and 714 which are required for the expansion of Collier Boulevard project 65061. Total fiscal impact: $146,587.82. As Detailed in the Executive Summary C. PUBLIC UTILITIES 1) Recommendation to adopt a Resolution approving a Florida Department of Transportation (FDOT) Standard form Utility Work Agreement regarding Collier County relocating its utility facilities necessitated by FDOT widening ofI-75 (State Road 93) from North of Golden Gate Parkway to South of Bonita Beach Road, Projects 70045 and 73045. Resolution 2005-272 2) Recommendation to approve a BA to transfer funds in the amount of $490,000 ffom the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to cover unanticipated operating expenses in the SCR WTP Cost Center. As Detailed in the Executive Summary 3) Recommendation to approve Purchase of a Truck with Hydraulic Crane for the Water Department from Atlantic Truck Center in the amount of $173,829 per State Contract #070-700-322. To replace the 1988 truck and crane as no parts can be found to repair the mechanical failure 4) Recommendation to authorize the Amendment of professional engineering services agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment Plant 8 MGD Reverse Osmosis (SCRWTP), Contract 98-2891, in the amount of$88,560 and extend the time up to December 1, 2005, Project 70054. As Detailed in the Executive Summary 5) Recommendation to approve Work Order HS-FT-05-04 with Hazen and Sawyer, P.C., in the amount of $185,930 for professional engineering services related to the North County Regional Water Page 15 July 26, 2005 -_.- ___~".,.o._> ."0".',",,___..--, Treatment Plant (NCRWTP) Well Field Reliability Program, Projects 71006 and 71011. To increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of customers 6) Recommendation to reject all proposals submitted in response to RFP #02-3382, "Commercial Source Separated Organic Waste and Biosolids Processing and Beneficial Use" Project Number 73127 As Detailed in the Executive Summary 7) Recommendation to approve a budget amendment in the amount of $69,000 for the transfer of funds from the Collier County Water- Sewer District Operating Fund (408) Reserve for Contingencies to cover unanticipated operating expenses in the Wastewater Reuse Cost Center. To cover unanticipated expenditures for emergency reclaimed water line repairs 8) Recommendation to approve a Right-of-Way Consent Agreement and associated Memorandum with Florida Power & Light Company permitting the construction of raw water transmission mains and related facilities, within Florida Power & Light Company power-line right-of-way, from the South County Regional Water Treatment Plant to the vicinity of Rattlesnake Hammock Road for the South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, at a cost not to exceed $50.00, Project Number 708921. Remained on Consent Agenda 9) Recommendation to award Bid #05-3778 to Hannula Landscaping, Inc. for the North County Water Reclamation Facility (NCWRF) Landscaping Improvements in the amount of$182,665.00, Project Numbers 73077, 739501, and 739502. To remove all exotic vegetation and to install new native plants 10) Recommendation to approve Work Order VC-02-30 under Contract 02- 3349, in the amount of $197,100 to WM. J . Varian Construction Company, Inc. to effect repairs to the reclaimed water storage tank at the South County Water Reclamation Facility, Project 74031. Page 16 July 26, 2005 -, ,~.-. "'~.----~ -_.. . ._._-~ To repair leaking cracks and joints in the concrete tank wall and floor 11) Recommendation to approve amendment No.3 to Work Order No. GH-FT -02-9; Contract 00-3119; Professional Utilities Engineering Services Agreement with Greeley and Hansen LLC for the Design and Construction of the Santa Barbara Sewer Force Main Interconnect between the North and South Wastewater Collection Systems, Projects 73132 and 73151, in the amount of$87,040. As Detailed in the Executive Summary 12) Recommendation to award Bid #05-3867 for the purchase of an Itron Mobile Collection System to Hersey Meters Company, in the amount of $33,000.00, for the Utility Billing and Customer Service Department. Designed to enhance the collection of water meter billing data 13) Recommendation that the Board of County Commissioners authorize the County Manager to execute a budget amendment transferring appropriations from reserves in the Mandatory Trash Collection Fund (Fund 473) to operations for payment to the County's trash collection franchisee haulers for services provided to curbside customers who received Certificates of Occupancy after October I, 2004. Fiscal impact is $125,200.00. Certificates of Occupancy in Fiscal 2005 are greater than expected and additional funding is needed to make the Final Fiscal 2005 payment by the 20th of September, 2005 14) Recommendation to approve the necessary Budget Amendment and to approve a purchase order to Angie Brewer and Associates, L.C. in amount of $228,094.64 under Sarasota County Contract 2003-040 for Loan Procurement Services from Florida Department of Environmental Protection (FDEP) for Project No. 701582,2005 Well Replacement Program (Tamiami Well No. 34) and Project No. 710061,2004 NCRWTP RO Wellfield Reliability (Lower Hawthorn RO Wells 18N, 19N and 20N. As Detailed in the Executive Summary 15) Recommendation to approve a final Change Order to Contract 00- 3171 with MWH Americas, Inc. for additional time and a deductive Page 17 July 26, 2005 amount of ($687,560.82), and approve any necessary budget amendments for the South County Water Reclamation Facility 16 MGD Expansion Project 73949. As Detailed in the Executive Summary 16) Recommendation to reject all proposals received under RFP #05- 3813, "Professional Services to Develop County Water and Wastewater Master Plans, with Rate Structure and Impact Fee Studies," Project Nos. 700704 and 730664. As Detailed in the Executive Summary 17) Recommendation to approve second contract under RFP #00-3129 for the standardization of an automatic meter reading system with AMCO Water Metering Services, Inc. in the estimated amount of $2,000,000. ($500,000/year for 4 years) For the purchase of meters to be read by radio in order to upgrade the Water District's meter reading technology 18) Recommendation to authorize the County Manager to execute a budget amendment moving funds from the Mandatory Trash Collection Fund Reserves to the Mandatory Trash Collection Fund Operations for citizen outreach, education and advertising costs associated with the implementation of the new trash collections franchisee agreements. Fiscal impact is $283,658.00 from Reserves in Fund (473). As Detailed in the Executive Summary D. PUBLIC SERVICES 1) Recommendation to award Bid #05-3840 to multiple vendors for purchase and delivery of arts and crafts supplies for Parks and Recreation programs at an estimated annual expenditure of $50,000. To enhance Parks and Recreation summer camp, preschool and after school programs through the provisions of arts and crafts activities 2) Recommendation to approve the after-the-fact submittal of a State of Florida Department of Transportation Grant to the Collier County Metropolitan Planning Organization for the 2005 Transportation Enhancement Program to begin the Restoration of Observation Car Page 18 July 26, 2005 #6602 at the Naples Depot Transportation Museum in the amount of $243,400 To encourage the development of transportation enhancement activities for pedestrians and bicycles and provides funding for historic preservation when related to transportation museums 3) Recommendation to accept a Let's Talk About It: Jewish Literature grant from the American Library Association for a series of book discussion programs for $1,500. To present a discussion series that integrates the exploration of Jewish culture with the exploration of literature 4) Recommendation to apply to the Florida Developmental Disabilities Council, Inc. for an Inclusive Summer Recreation Grant to fund training of camp counselors for children with special needs in an amount not to exceed $100,000. To work closely with children with developmental disabilities, enabling them to participate in the same summer recreation programs as their peers 5) Recommendation to approve a Florida Recreation Development Assistance Program Grant Agreement for $200,000 for development of North Collier Regional Park. To provide the highest quality park facilities at the lowest possible cost by utilizing available grant programs 6) Recommendation to approve conveyance of three Easements to Florida Power & Light Company for providing electric service to North Collier Regional Park on Livingston Road, at a cost not to exceed $157.75, Project 806021. 7) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District for the Vanderbilt Beach Parking Garage at a cost not to exceed $45.00, Project 90295. 8) Recommendation to award Work Order #VC-02-34 in the amount of $63,429 to Wm. J. Varian Construction Co., Inc. for the purchase and installation of new filters for the swimming pool at Immokalee Sports Complex. Page 19 July 26, 2005 Moved to Item #10K 9) Recommendation to reject Bid No. 05-3824 for Phase II Improvements to Eagle Lakes Community Park. The base bid is 50% greater than the engineer's estimate and budgeted funds 10) Recommendation to recognize and budget an additional $96,029 authorized by the State Aid to Library Program for Collier County Public Library. To improve library services 11) Recommendation to approve the attached resolution and accept $500,000 donation ofW. R. Rose Foundation, for the construction of a meeting room at the Marco Island Branch Library. Resolution 2005-273 12) Recommendation to authorize the Chairman to sign the contract with Innovative Interfaces, Inc., for a Library automation system, at a cost of $268,845. To provide the Library System with a high quality, technically advanced library automation software system 13) Recommendation to approve a budget amendment recognizing $14,500 in revenue from the sale oflive bait at Caxambas Park and approve a modification in the amount of $1 0,000 to Purchase Order #4500035141 with Naples Wholesale Bait. As the sole source supplier of live bait shrimp and live crabs for resale to the patrons E. ADMINISTRATIVE SERVICES 1) Recommendation that the Board of County Commissioners, acting in their capacity as Trustee of the GAC Land Trust, approve and execute a Right-of-Entry to enable the drilling of public water supply test/production and monitor wells on Unit 14, Tract 127, Golden Gate Estates. To determine quantity and quality of water available in the sub- surface aquifers for potential use in expanding the public potable water supply Page 20 July 26, 2005 2) Recommendation to convey a Utility Easement for a wastewater master pump station and a public water supply well site with its associated pipeline on property dedicated within the Heritage Bay PUD at an estimated cost not to exceed $53.50, Project 730791 and Project 710061. To service projected wastewater collection needs and increase the reliability of the public water supply 3) Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department for a Neighborhood Park for the residents of Golden Gate Estates. Land is located on the corner of Oaks Boulevard and 20th Avenue N.W. 4) Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from March 24, 2005 through June 30, 2005. As Detailed in the Executive Summary 5) Recommendation to approve a confined space gas monitoring system for the Water, Wastewater and Risk Management Departments. To test for dangerous levels of toxic or flammable vapors 6) Recommendation to approve a budget amendment to increase the FY04-05 Fleet Management Fund (521) operating budget expenditures and associated revenues by $60,000. Costs for repair parts were underestimated in the FY04-05 budget 7) Recommendation to approve an agreement with Collier County District School Board for the 2005 Driver Education Grant Program. For summer driving school and supplies and new equipment needed to provide equity for all programs within the district 8) Recommendation to approve submittal of four grant requests to the Big Cypress Basin/South Florida Water Management District for FY 06 funding. As Detailed in the Executive Summary Page 21 July 26, 2005 9) Recommendation to approve submittal of two grant applications for Harvard University's Innovations in American Government Award. The two innovative programs that have been selected for submittal by Collier County are the Estoppel System and Subrogation as the best examples of creative and effective government 10) Recommendation to award ITQ #05-3657 - "Project Management Oversight Services" to CH2MHill, PBS&J, Johnson Engineering, URS, Construction Dynamics Group, Parsons Brinckerhoff, Malcolm Pirnie, Quattrone and Heery International. Services are Landscaping; Parks; Transportation & Drainage; Vertical Construction and Utilities 11) Recommendation to approve a $121,732 change to Contract #03- 3489, "Professional Architectural and Design Services for Addition to And Renovation of The Golden Gate Library", with Barany Schmitt Summers Weaver and Partners, Inc. (BSSW) to modify the scope to design a separate building rather than an addition, Project 54261. As Detailed in the Executive Summary 12) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. To enable the Board to oversee the execution of administrative change orders and changes to work orders. These reports cover the period of May 26, 2005 through June 30, 2005 13) Recommendation to approve Contract #05-3850, "Collier County Government Center Architectural/Engineering Services", with Spil1is Candela & Partners, Inc. To update the Government Center's Master Plan and provide full and/or partial Architectual or Engineering support services 14) Recommendation to approve a $214,797.50 change to Contract #03- 3448, "Professional Architectural and Design Services for Collier County Emergency Services Complex", with Harvard Jolly to address scope changes with the design, Project 52160. As Detailed in the Executive Summary Page 22 July 26, 2005 15) Recommendation to approve a $58,875 change to Contract #02-3422, "Professional Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to modify the scope to initiate the potential design of a Collier Area Transit Facility, Projects 52009 and 350 I O. As Detailed in the Executive Summary 16) Recommendation to approve a budget amendment in the amount of $535,000 to fund the payment of Workers' Compensation and reinsurance expenses through the end of Fiscal Year 2005. As Detailed in the Executive Summary F. COUNTY MANAGER 1) Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." As Detailed in the Executive Summary 2) Recommendation to approve a Services Contract between Live Oak Production Group and Collier County to produce a documentary on the Western Everglades, called "The Big Cypress Swamp" in an amount not to exceed $40,000. To increase Public awareness of Big Cypress Swamp and the importance of preserving this important ecosystem 3) Recommendation to seek formal competition to hire a state lobbyist to represent Collier County in Tallahassee. To ensure that Collier County government maximizes opportunities to obtain state funding and to ensure that the needs of the county and its citizens are communicated to members of the State Legislature during the 2006 Legislative Session 4) Approve Budget Amendments Budget Amendment #05-473 and Budget Amendment #05-482 Page 23 July 26, 2005 5) Recommendation to approve a Disaster Mutual Aid Agreement between Collier County and multiple public and private emergency/disaster response agencies. As Detailed in the Executive Summary 6) Recommendation to approve Memorandums of Understanding between Collier County and multiple public and private disaster relief and assistance agencies. As Detailed in the Executive Summary 7) Recommendation to approve an annual contract for $97,500 with The Ferguson Group for federal lobbying services. To provide a federal lobbying firm to provide lobbying services for the county in order to match Collier County's specific infrastructure requirements and eligibility with available federal funding Moved to Item #10J 8) Recommendation to approve and transmit Senate Bill 360 Glitch Amendments as provided by Collier County government staff to the Collier County Legislative Delegation, the Florida Senate Committee on Community Affairs and the Florida House Committee on Growth Management, and the Florida Association of Counties. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Final status report to the Board of County Commissioners from the Community Character/Smart Growth Advisory Committee, sunsetting June 26, 2005. 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended a dinner hosted by Raymond James & Associates, Inc., Bryant Miller & Olive P.A., The PFM Group, and Wells Fargo Corporate Trust Services at the Florida Association of Counties Annual Conference in Tampa, Florida on June 21, 2005. $45.00 to be Page 24 July 26, 2005 paid from Commissioner Halas' travel budget. 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended a dinner hosted by Waste Management, Inc. at the Florida Association of Counties Annual Conference in Tampa, Florida on June 22,2005. $15.33 to be paid from Commissioner Halas' travel budget. 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner attended a evening reception hosted by Waste Management, Inc. at the Florida Association of Counties Annual Conference in Tampa, Florida on June 22, 2005. $17.00 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners serve as the local coordinating unit of government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriffs Office grant application, authorize acceptance of the grant award, and approve associated budget amendments. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to authorize the making of an Offer of Judgment to Respondent, April Circle, Ltd., for Parcel Nos. 146/746 in the amount of$222,755 in the lawsuit styled Collier County v. April Circle, Ltd., et at., Case No. 04-3679-CA (Immokalee Rd. Project 66042). (Fiscal Impact $34,090.65 - if Offer accepted) As Detailed in the Executive Summary Page 25 July 26, 2005 2) Recommendation to authorize the making of an Offer of Judgment to Respondent, Winterview Court II Master Association, Inc. for Parcel No. 137 in the amount of$10,000.00 in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA (Immokalee Rd. Project 66042). (Fiscal Impact $3,013.00 - if Offer accepted) As Detailed in the Executive Summary 3) Recommendation to approve the Offer of Judgment in the amount of $171,700.00 as to Parcel 139 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al., Case No. 02-5165-CA (Immokalee Road Project No. 60018). (Fiscal Impact $18,669.00--if offer is accepted) As Detailed in the Executive Summary 4) Recommendation to authorize the making of an Offer of Judgment to Respondent, G. Herbst, for Parcel No. 113 in the amount of $95,760.00 in the lawsuit styled Collier County v. G. Herbst, et al., Case No. 02-5138-CA (Immokalee Road Project 60018). (Fiscal Impact: $23,910.00 - if offer accepted) As Detailed in the Executive Summary 5) Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary H. Wagner, for Parcels 106 & 806 in the amount of $611,472.00 in the lawsuit styled Collier County v. Tree Plateau Co., Inc., et al., Case No. 03-0519-CA (Immokalee Road Project 60018). Fiscal Impact: $146,626.76 - if offer accepted). As Detailed in the Executive Summary 6) Recommendation that the Board approve, and authorize its Chairman to execute, a License Agreement to Use County Boat Ramp with the current owner of 4220 22nd Street NE, Naples, 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 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 Page 26 July 26, 2005 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. Moved to Item #8G A. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. PUDEX-2005-AR- 7501, Livingston Lakes PUD; Section Thirty Corporation, LLC, owner of the Livingston Lakes PUD, represented by Dwight Nadeau, ofRW A, Inc., requesting a 2-year PUD Extension from February 23,2004 (date the PUD sun sette d) to February 23, 2006. The subject property, consisting of 46.73 acres, is located on the east side of Livingston Road, approximately Y4 of a mile south of Immokalee Road, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. B. This item reQuires that all participants are sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VROW2005-AR 7786 to disclaim, renounce and vacate the County's and the Public's interest in the east 20 feet of the 50-foot wide parcel for road right-of-way along Smallwood Drive (formerly S.R. No. 29) which was dedicated to Collier County by operation of law as set forth in § 95.361.(2) F.S., located in Section 31, Township 53 South, Range 30 East (Chokoloskee Island). Resolution 2005-274 C. An ordinance amending Ordinance Number 04-41, as amended, the Collier County Land Development Code (LDC), to correct a scrivener's error in Ordinance No. 05-27 due to an unintended revision to LDC section 10.03.05 - to correctly provide notice within 500' of property for certain public hearings before the Board of Commissioners, the Collier County Planning Commission, the Board of Zoning Appeals, the Environmental Advisory Council, and the Historic and Archeological Preservation Board; and by providing for an effective date. Ordinance 2005-37 D. Recommendation that the Board of County Commissioners of Collier County, Florida adopt an Ordinance amending the Collier County Page 27 July 26, 2005 Consolidated Impact Fee Ordinance, 2001-13, as amended, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to provide for a change in the maximum home sales price for participation in the "Immokalee Residential Impact Fee Deferral Program" from $175,000 to $254,250 which is also the State Housing Initiatives Partnership (SHIP) limit for Collier County, in order to allow for more effective utilization of the program by qualified applicants. Ordinance 2005-38 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR- 6279, Dominic P. Tomei, President of Restoration Church, Inc., and Timothy J. Crane, manager of Bucks Run Developers, LLC., represented by William L. Hoover, AICP of Hoover Planning & Development, Inc., and as president of Catalina Land Group, Inc., the manager of Bucks Run Estates, LLC, requesting a rezone from the "PUD" to Mixed Use Planned Unit Development (MPUD) known as Bucks Run MPUD for property located approximately 700 feet north of Vanderbilt Beach Road on the eastern side of Collier Boulevard (C.R. 951), in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005-39 Continued to the September 13, 2005 BCC meeting. F. Recommendation to adopt a Resolution revising the Collier County Water- Sewer District Utilities Standards Manual. G. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County Florida, adopting Collier County's Potable Water Wells Facility Plan, dated June 2005; and authorize the County Manager or his designee to submit this Plan to the Florida Department of Environmental Protection. Resolution 2005-275 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 28 July 26, 2005