Recap 09/27/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 27, 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 VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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September 27, 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
A. Reverend Paul Getter, Faith Apostolic Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or adopted with changes - 5/0
B. August 25, 2005 - BCC/Hurricane Katrina Emergency Meeting
Approved as presented - 5/0
C. August 27, 2005 - BCC/Hurricane Katrina Emergency Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Nancy Frye, Traffic Operations
2) Erin Hall, Transportation Road Maintenance
Presented
B. 30 Year Attendees
1) Denise Blanton, University Extension Services
2) Murdo Smith, Parks and Recreation
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September 27,2005
3) Edward Torroni, Parks and Recreation
Presented
4. PROCLAMATIONS
A. Proclamation designating September 27, 2005, as Collier County WWII
Veterans' Day. To be accepted by Gary Shanabarger, Commandant, Senior
Marine of the Marine Corps League of Naples; Jim Elson, Veterans Council
of Collier County; Peter Kraley, Veteran Services Department and Jack
Hild, 14th Air Force-Flying Tigers World War II Veteran.
Adopted - 5/0
B. Proclamation expressing appreciation for Mr. William Suckow's work as a
Master Gardner. To be accepted by William Suckow, Master Gardner.
Adopted - 5/0
c. Proclamation designating September 15,2005, as Sheri Bennett Day. To be
accepted by Sheri Bennett, Executive Director, Immokalee Multicultural
Multipurpose Community Action Agency, Inc.
Adopted - 5/0
D. Proclamation designating November 2005 as Celebrate the Arts Month in
Collier County. To be accepted by Elaine Hamilton, Executive Director,
United Arts Council of Collier County.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Roberta Reiss, Library Outreach Specialist,
Public Services Division as Employee of the Month for August 2005.
B. Recommendation to recognize Judy Johnson, Administrative Assistant,
Public Utilities Division, as Employee of the Month for September 2005.
c. Presentation of the 2005 Flagler Awards "The Henry" In Recognition of
Outstanding Tourism Marketing -Television-Naples, Marco Island,
Everglades Convention & Visitors Bureau - Presented by Jack Wert,
Tourism Director.
6. PUBLIC PETITIONS
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September 27, 2005
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A. Public Petition request by Bradley Cornell to discuss the Mirasol Drainage
Project in the Cocohatchee/Corkscrew West Flowway.
This Item to be brought back at a future BCC meeting
Item 7 and 8 to be heard no sooner than 1 :00 11.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item continued from the September 13. 2005 BCC Meetine:. This
item reQuires that all participants be sworn in and ex parte disclosure
be provided by Commission members. ADA-2005-AR-7658, Joseph C.
Fuller, P.A., representing John and Teri Purvis and other affected property
owners requesting an appeal to Official Interpretation INTP-2005-AR-7442
related to an internal official interpretation regarding the definition and
operative provisions of certain LDC terms pertaining to "Boat Canopies.
Official interpretation upheld - Approved 3/2 (Commissioner Fiala and
Commissioner Henning opposed); staff to bring back direction for
alternatives and aesthetics relating to boat canopies - Consensus
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2005-AR-7444
Terry & Charlotte Rhodes, represented by McGarvey Custom Homes,
request a variance to reduce the east side yard from the required 30- foot
setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO)
district, to 21.1-feet to authorize replacement of an existing pool fence with
a proposed screen enclosure. The subject parcel is located at 11230 Five
Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64,
Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier
County, Florida.
Continued to October 11, 2005 - Approved 4/1 (Commissioner Coletta
out)
Moved from Item #17 A
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-04-AR-6700 A
Resolution of the Board of Zoning Appeals providing for the establishment
of two Conditional Uses in the "E" Estates zoning district for a group home,
and private school to serve the residents of the group home and program
participants per Table 2, Subsection 2.04.03 of the Collier County Land
Development Code for property located in Section 8, Township 50 South,
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September 27, 2005
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Range 26 East, Collier County, Florida.
Resolution 2005-341- Adopted w/ changes 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2005-AR-7469
Richard and Frances Craig and CDN Properties, LLC, represented by Robert
Mulhere of RW A, Inc., in requesting a rezone from the Rural Agricultural
"A" zoning district to the Mixed Use Planned Unit Development "MPUD"
zoning district to be known as Sonoma Oaks PUD, a mixed-use
development consisting of a maximum of 112 residential dwelling units and
120,000 square feet of commercial uses located on approximately 37.5 acres,
on the west side of Collier Boulevard, approximately 1/4 mile north of
Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east
Collier County, Florida.
Motion failed - 3/2 (Commissioners Henning and Halas opposed)
Resolution of Denial 2005-342 to be submitted
B. Approval of an amendment to the existing Flood Ordinance of Collier
County, Florida (Ordinance No. 86-28 as amended by Ordinance 87-80 and
Ordinance 90-31) to repeal and replace certain sections, add new sections,
adopt the new Flood Insurance Rate Maps prior to the Federal Emergency
Management Agency's effective date of November 17,2005, and add
provisions to improve the County's scoring in the Community Rating
System of the National Flood Insurance Program.
Ordinance 2005-51 -Adoption of the new Flood Insurance Rate Maps -
Adopted 5/0; Flood Rate Scoring System to be discussed at the CCPC
meeting of November 1, 2005 - Approved - 5/0
C. This item is beinf! continued to the October 11. 2005 BCC Meetinf!. This
item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. PUDZ-A-2004-AR-6092: Benderson
Development Company, represented by Agnoli, Barber & Brundage, Inc.
and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an
amendment to the Westport Commerce Center PUD for the purpose of
revising the PUD document and Master Plan to show a reduction in the
intensity of the commercial/retail and industrial square footage, delete the
Accommodations District land use, increase the amount of preserve area,
and changing the PUD reference to MPUD (Mixed Use PUD). The property
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September 27, 2005
is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section
3, Township 50 South, Range 26 East, Collier County, Florida, consisting of
96.3 acres. (Petitioner's request)
Motion to continue to the October 11, 2005 BCC Meeting - Approved
4/0 (Commissioner Coletta Absent)
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition PUDZ-2004-
AR-6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon
Management, Inc., requesting a rezone from the C-l and C-2 zoning districts
to the PUD Planned Unit Development zoning district to allow a maximum
of 86 multi-family dwelling units. The property, consisting of 10.76 acres, is
located on the northwest corner of Radio Road extension and Palm Springs
Boulevard, in Section 34, Township 49 South, Range 26 East, Collier
County, Florida.
Ordinance 2005-50 w/stipulations - Adopted - 4/1 (Commissioner
Coletta opposed)
E. This item to be heard at 11 :00 a.m. A request that the Collier County
Board of County Commissioners (Board) adopt an ordinance amending
Ordinance No. 04-41, as amended, the Collier County Land Development
Code (LDC) to add the amendments of LDC Special Cycle 2a, authorized by
the Board for the following purposes. Amendment of Section 2.03.07
Overlay Zoning Districts adds implementing provisions for three (3) new
Transfer of Development Rights (TDR) Bonuses outlined in the Growth
Management Plan (GMP) amendment CP-2004-4. Amendment of Section
2.03.08 is required to implement the "glitch" amendment CPSP-2003-l1 to
the GMP as well as further implementing the TDR Bonus Credits and Rural
Village Standards as adopted in the GMP. Amendment of Section 10.02.13
Planned Unit Development (PUD) Procedures is to add provisions for PUD
expiration and retirement of excess numbers of dwelling units.
Ordinance 2005-49 -- Adopted w/changes 5/0
Moved from Item #17E
F. To obtain Board of County Commissioners Approval to repeal Ordinance
90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and
replace with Ordinance No. 05-_.
Continued to October 11, 2005 BCC Meeting - Approved - 5/0
9. BOARD OF COUNTY COMMISSIONERS
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September 27, 2005
A. Appointment of members to the Golden Gate Beautification Advisory
Committee.
Resolution 2005-338 - Re-Appointing Cheryle L. Newman and Patricia
Spencer - Adopted w/waiver of term limit - 5/0
B. Appointment of members to the Collier County Planning Commission.
Resolution 2005-339 - Re-Appointing Lindy Adelstein, Appointing,
Russell Tuff, Re-Appointing Paul Midney- Adopted - 5/0
C. Appointment of members to the Workforce Development Board, Region 24.
Resolution 2005-340 - Amy Garrard, Nina Velasco, Todd Hoffman and
Ken O'Leary - Adopted - 5/0; BCC would like an update report
presented to them
Continued to the October 11, 2005 BCC Meeting
D. The Annual Performance Appraisal for the County Attorney.
E. This Item to be heard at 1 :00 p.m. Discuss the taking by Eminent Domain
action of the land currently occupied by Caribbean Gardens and other
surrounding lands that would serve a public purpose. Provide guidance to
staff. (Commissioner Coyle)
Motion made to bond up to $40 million and let the Trust For Public
Lands make an offer of $59,913,333.00 for the property - Approved -
5/0
F. This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent
contract for the proposed expansion facility at the Golden Gate Library.
(Commissioner Henning)
To be brought back to a future BCC Meeting with staff's
recommendations, without any compromise to funding to all other
libraries - Approved - 4/1 (Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. This item continued from the September 13. 2005 BCC Meetine:.
Recommendation to approve an Agreement for Sale and Purchase with The
District School Board of Collier County, Florida for 65 acres under the
Conservation Collier Land Acquisition Program, at a cost not to exceed
$2,134,500. (Joseph K. Schmitt, Community Development and
Environmental Services Administrator)
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September 27, 2005
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Approved w/stipulations - 3/2 (Commissioner Henning &
Commissioner Coyle opposed)
B. Discussion and review of the County's Noise Ordinance (Code of Laws and
Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services
Division)
Continued to the October 11, 2005 BCC Meeting - Approved 5/0
Continued to the October 11, 2005 BCC Meeting
C. Recommendation to adopt a resolution authorizing the condemnation of fee
simple interests and/or those perpetual or temporary easement interests
necessary for the construction of roadway, drainage and utility
improvements required for the four-lane expansion of County Barn Road
from Davis Boulevard to Rattlesnake Hammock Road. (Capital
Improvement Element No. 33, Project No. 60101). (Norman Feder,
Administrator, Transportation Services)
D. This item to be heard at 4:00 p.m. Recommendation to (1) consider three
lobbying firms, as reviewed by a staff selection committee, that responded to
RFP 05-3883 for Professional State Lobbyist Services; (2) choose one of the
finalists to represent Collier County; and (3) authorize the County Manager
to negotiate a contract with the selected firm. (Debbie Wight, Assistant to
the County Manager)
Appoint J. Keith Arnold & Associates - Approved 4/1 (Commissioner
Henning opposed)
Continued to the October 11, 2005 BCC Meeting
E. Review and approve the FY 2006 Annual Work Plan for the County
Manager.
F. Recommendation that the Board approve and authorize the Chairman to
execute an Agreement with McDonald Transit Associates, Inc. to provide
consolidated management for the Collier Area Transit and the Paratransit
Systems not to exceed $4,885,162.00 (Norman Feder, Administrator,
Transportation Services)
Approved - 5/0
Moved from Item #16Kll
G. Recommendation that the Board of County Commissioners Approve a
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September 27, 2005
Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a
General Wage Adjustment (COLA) and Merit Increase for the Office of the
County Attorney.
To Be continued to the October 11, 2005 - Approved 5/0
Moved from Item #16El
H. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay
and Classification Plan, providing for a general wage adjustment and merit
increase and also to continue authorizing the creation of new classifications,
modification and/or deletion of classifications and assignment of pay ranges
from the proposed 2006 Fiscal Year Pay and Classification Plan.
To be continued to the October 11, 2005 - Approved 5/0
Moved from Item #16B2
I. Recommendation to approve a First Amendment to Lease Agreement with
Maureen Moran, Inc.
Approved - 5/0
Moved from Item #1611- Dl
J. Memo from Commissioner Henning to Jim Mudd, County Manager,
regarding Golden Gate Library dated September 19,2005 with attachments
Motion to remove Item 16II-Dl- Approved 4/1 (Commissioner
Henning opposed); Memo will be filed in the Board of County
Commissioners office per Sue Filson
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Adopt a Resolution to Initiate Negotiation Proceedings With the South
Florida Water Management District and the State of Florida Division of
Lands Pursuant to Florida Statutes, Chapter 164.
Resolution 2005-343 - Adopted 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard at 3:30 p.m. Consideration of a request for LDC
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September 27, 2005
deviations for SoNa - SDP #7905, a redevelopment project within the
Bayshore Gateway Triangle CRA.
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd - To set up a CRA Joint workshop - Consensus
B. Commissioner Henning - concerning Jim Mudd, County Manager's
evaluation
C. Commissioner Henning - Impact Fee Task Force Meeting
D. Commissioner Coyle - Letter to County Manager for a workshop with
the Sheriff's Department on salary schedules
E. Commissioner Coletta - Dog available for adoption
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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
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of water utility facilities
for "Arthrex at Creekside".
W/release of Utilities Performance Bond
2) Recommendation to approve final acceptance of water and sewer
utility facilities for "Masters Reserve".
W /reducing the Utilities Performance Bond
3) Recommendation to approve final acceptance of water and sewer
utility facilities for "Classic Plantation Estates Phase One".
W /reducing the Utilities Performance Bond
4) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the roadway segment Orange Blossom
Drive from Airport Road to entrance of First Baptist
Church/Bridgewater Bay.
Resolution 2005-327
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September 27, 2005
5) Recommendation to approve for recording the final plat of 3500
Corporate Plaza, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
6) Recommendation to approve for recording the final plat of
Professional Village at "Northbrooke", approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W/stipulations
7) Recommendation to approve for recording the final plat of "Mediterra
Parcel 117", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
8) Recommendation to approve for recording the final plat of "Mediterra
Parcel 118", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W/stipulations
9) Recommendation to approve for recording the final plat of "IL Regalo
Replat", approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
10) Recommendation to approve an addendum to the Oak Haven
Apartments Agreement for Deferral of Collier County Impact Fees.
As Detailed in the Executive Summary
11) Recommendation to approve a Budget Amendment to the 2004-2005
Community Development Block Grant (CDBG) budget for the
purpose of recognizing additional entitlement funds received from the
U.S. Department of Housing and Urban Development (HUD) in Fund
121. ($137,000)
12) Recommendation to approve the application by Salazar Machine and
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September 27, 2005
Steel, Incorporated for the Job Creation Investment Program and the
Fee Payment Assistance Program. ($146,000)
To target high-wage companies that desire to relocate or expand
within the areas of Collier County
13) Recommendation to adopt a resolution approving assignment and
change of control of the cable television franchise from Time Warner
Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly subsidiary
of Comcast Cable Communications Holdings, Inc., pursuant to a
redemption agreement among the parties. (The voluminous filing
contains over 5000 pages, the full filing was not included in the
Board's printed agenda packet. A digital version is available for
viewing in the County Manager's Office, 3301 East Tamiami Trail,
Naples as well as Community Development, 2800 North Horseshoe
Drive, Naples)
Resolution 2005-328
14) Recommendation to approve for recording the final plat of Summit
Place in Naples, Phase III, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
B. TRANSPORTATION SERVICES
1) Recommendation to approve three (3) Adopt-A-Road Program
Agreements with (2) new roadway recognition signs at a total cost of
$150.00. The other signs already exist.
Copeland Civic Association, Jose Marti Educational Foundation
and Quail Communities Realty
Moved to Item #101
2) Recommendation to approve a First Amendment to Lease Agreement
with Maureen Moran, Inc.
For leased space located under the Goodland Bridge
3) Recommendation to approve, sign and execute an agreement with the
State of Florida to participate in the Unified Certification Program
(UCP).
In order to receive Federal Transit Administration Grant funds
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September 27, 2005
for the transit system
4) Recommendation to approve the use of transportation disadvantaged
funds (427) to purchase a para-transit bus in the amount of$80,253
under State contract #FVPP-05-CA-4.
To purchase a para-transit bus utilizing transportation
disadvantaged fund
5) Recommendation to approve the purchase of Parcel Nos. 148A and
148C required for the construction of the six -laning of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee
Road. (Project No. 65061, Capital Improvement Element No. 37).
Fiscal Impact: $20,300.00.
As Detailed in the Executive Summary
6) Recommendation that the Board of County Commissioners approve a
Budget Amendment recognizing revenue received from the South
Florida Water Management District under an agreement for a
Countywide GPS Network in the amount of $60,000.
To install, operate and maintain a Countywide GPS Network
7) Recommendation to award Bid No. 05-3861 - "Purchase of lime rock
and fill material, fixed term contract" for the estimated annual amount
of $500,000 to Apac Inc., Orangetree Mine, Florida Rock Industries,
Inc.
For use in grading and rebuilding limerock roadways and
shoulder repair on all County and State roadways
8) Recommendation to award Bid #05-3874 Golden Gate Blvd. and 13th
Street Landscape Maintenance to Advance Lawn and Landscaping
Services, Inc. in the amount of $67,629.80. (Project #630413)
9) Recommendation to approve the purchase of Parcel No. 148B
required for the construction of the six -laning of Collier Boulevard
(CR 951) from Golden Gate Boulevard to Immokalee Road. (Project
No. 65061, Capital Improvement Element No. 37). Fiscal Impact:
$10,700.00
As Detailed in the Executive Summary
10) Recommendation to award Collier County Bid No 05-3855 - Purchase
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September 27, 2005
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and Delivery of Fungicides, Herbicides and Insecticides to the
following bidders: 1 )Helena Chemical Company (Primary), and 2)Pro
Source One (Secondary). ($200,000)
11) Recommendation to authorize staff to approve one (1) Work Order for
Bonness, Inc. for Construction of Golden Gate Beautification MSTU
Sunshine Boulevard Landscape Improvements Project (Contract #05-
3773 'Annual Contract for Roadways Contractors') for a base amount
of $301,691.31 and contingency of $16,848.82 for a total of
$318,540.13.
For the curbing and accent lighting for Sunshine Boulevard
12) Recommendation to approve budget amendments in the amount of
$300,000 for Port of the Isles community where $300,000.00 will be
reimbursed through the Florida Department of Transportation (FDOT)
Federal Enhancement program.
Resolution 2005-329
13) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize additional revenue for the Collier
County Transportation Pathways Program Project No. 69081 in the
amount of$70,302.77.
As Detailed in the Executive Summary
14) Recommendation to accept a Quitclaim Deed for local streets in
Pelican Bay.
For various rights-of-way that had been dedicated to the County
on plats
C. PUBLIC UTILITIES
1) Recommendation to award Bid #05-3740R to Ferguson Enterprises,
Incorporated and Hughes Supply, Incorporated for purchase of
backflow prevention assemblies and associated materials in the
amount of $300,000.
For use in the water distribution system
2) Recommendation to award Work Order number UC-117 to Kyle
Construction, Inc. in the amount of$375,580.00 for construction of
the extension of the Water Main on White Lake Boulevard, Project
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September 27, 2005
59005.
To enhance Solid Waste operations by supplying potable water to
existing and proposed Landfill Facilities
3) Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00
to record the Satisfactions of Lien.
4) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1992
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2005-330
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 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-331
6) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1994
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2005-332
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 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2005-333
8) 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.
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September 27, 2005
Fiscal impact is $58.50 to record the Satisfactions of Lien.
Resolution 2005-334
9) Recommend BCC approve the annual rate resolution to set landfill
tipping fees, recycling center fees, residential annual assessments and
commercial waste collection fees for FY 2005/2006. Total fees
budgeted to be collected from rates approved with this resolution are
included in the FY 2006 budgets for solid waste disposal ((Fund 470)
and mandatory trash collection (fund 473).
Resolution 2005-335
10) Recommendation to approve an eight (8) month extension, through
May 9, 2006, for the existing Deep Injection Well Construction
Contract 01-3193 with Youngquist Brothers, Inc.
To construct, repair, and maintain the County's deep injection
wells
11) Recommendation to approve the Satisfaction for a certain Water
and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50
to record the Satisfaction of Lien.
12) Recommendation to approve a Budget Amendment to transfer funds
in the amount of $200,000 from project 725101, the North County
Water Reclamation Facility (NCWRF) Process Control Building
Expansion to project 725091, the South County Water Reclamation
Facility (SCWRF) Process Control Building Expansion.
To complete construction for expanding and modernizing the
existing process control building at the SCWRF to accommodate
the technical needs imposed by the new plant expansion
13) Recommendation to approve a "Consent to Encroachment" for utility
easements lying within Summerwind Apartments, Phase I and Phase
II.
For water lines to provide service to the development
14) Recommendation to award Contract 05-3785 "Fixed Term Utility
Engineering Services" to thirteen (13) firms.
As Detailed in the Executive Summary
D. PUBLIC SERVICES
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1) Recommendation to approve the FY 06 Agreement with the David
Lawrence Center, Inc. for $989,100
To support behavioral health and substance abuse programs
2) Recommendation that the Board of County Commissioners sign an
agreement with the Agency for Health Care Administration for
participation in the Upper Payment Limit Program for services
provided on behalf of the Human Services Department, County Health
Department, and David Lawrence Center to generate an additional
$481,100 in federal matching funds.
To provide enhanced services to low-income individuals
3) Recommendation to approve the attached budget amendments
recognizing a $68,000 donation from the Marco Island Chapter,
Friends of the Library, and transferring $200,000 from Library Trust
Fund (612) to Library Capital Fund (307) for the construction of Rose
Hall at Marco Island Branch Library.
4) Recommendation to adopt a Resolution amending parts of Article IV
of the Collier County Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy.
Resolution 2005-336
5) Recommendation to approve a budget amendment recognizing
revenue in the amount of $38,706 from an insurance payment
covering damage to the shade structure at Sugden Regional Park ski
area.
To repair a shade structure at Sugden Regional Park
Amphitheatre that was damaged during a storm
E. ADMINISTRATIVE SERVICES
Moved to Item #10H
1) Recommendation to adopt a resolution approving the 2006 Fiscal
Year Pay and Classification Plan, providing for a general wage
adjustment and merit increase and also to continue authorizing the
creation of new classifications, modification and/or deletion of
classifications and assignment of pay ranges from the proposed 2006
Fiscal Year Pay and Classification Plan.
Page 17
September 27, 2005
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2) Recommendation that the Board of Commissioners waive the
Purchasing Policy as allowed under Section VII.G. of the policy and
approve a retention agreement with the law firm of Langston, Hess,
Bolton, Shepard, & Augustine P.A. and the law firm of Kelley,
Stiffler, & Thomas PLLC, to defend certain Workers Compensation
litigation cases on behalf of the County and the County's excess
. .
msurance carrIers.
As Detailed in the Executive Summary
3) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution # 2004-15 for the third quarter of FY
05.
To settle certain damages claims against Collier County and to
authorize the payment of investigation and adjustment expenses
4) Recommendation to Award RFP #05-3747R "Indoor Air Quality
Service" to Pure Air Control Services for Indoor Air Quality (IAQ)
testing, cleaning and remediation services.
To maintain over 660 separate county facilities that requires
continual inspection, repair and maintenance
5) Recommendation to approve the purchase of Property, Casualty,
Automobile, Workers Compensation and ancillary insurance and
related services for FY 2006.
As Detailed in the Executive Summary
6) Recommendation to approve an Agreement for the conveyance of
GAC Trust Reserved Land to the Collier County Parks & Recreation
Department, at a cost not to exceed $20.
As Detailed in the Executive Summary
7) Recommendation to approve a First Amendment to License
Agreement with St. Matthews House, Inc., for the continued use of
parking spaces at the Government Center, at a term revenue of $50.
So their food program may continue to operate without being in
violation of County Code
8) Recommendation to approve the attached Lease Agreement for office
space on South Horseshoe Drive and associated expenses, including
Page 18
September 27, 2005
rental, common area maintenance, renovations, and relocation of
Health, EMS and IT Departments offices, at a first years cost not to
exceed $396,000.
To provide additional office space for the Health Department,
Community Development and Environmental Services Division
F. COUNTY MANAGER
1) Recommend approval of First Amendment to Contract No. 03-3537
with Paradise Advertising and Marketing, Inc. for an increase in the
monthly fee to $25,000.00 per month or $300,000.00 annually to
cover all professional time, media and production up to $2,000,000.00
annually.
2) Recommendation to approve First Amendment to the 2004/2005
Tourism Agreement Between Collier County and the Conservancy of
Southwest Florida, Inc.
Requesting a I-year extension to September 30, 2006 for the
completion of the Category "C" grant for the exhibit called
Everglades: A work in progress at the Conservancy Nature
Center.
3) City of Naples Category A Grant Application Amendment for Doctors
Pass Dredging Project 905501 in the amount of $125,000.
To equal the bid price for the dredging of Doctors Pass
4) Approval of budget amendments.
5) Resolution of the Collier County Board of County Commissioners
requesting the Florida Department of Environmental Protection to
include the funding for the City of Naples/Collier County Beach
Renourishment Project in the Fiscal Year 2005/06 Legislative budget
request.
Resolution 2005-337
6) Recommend Approval of Coastal Planning and Engineering Time and
Material, Not-To-Exceed Proposal for $35,000 to study and
recommend the most effective approach to permit and re-nourish
Clam Pass Beach Park. (Project 900281)
Page 19
September 27, 2005
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Continued to the October 11, 2005 BCC Meeting
1) Recommendation to approve a 3.9 percent ($3,490.50) cost of living
increase effective October 1, 2005 and a $5000 bonus to be paid on
September 30, 2005 to the Executive Director of the Collier County
Airport Authority, Theresa M. Cook.
2) To approve a budget amendment for Fund 187 Bayshore Gateway
Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I
Irrigation Renovation Project #60098) to reimburse the County for the
installation of a portion of a landscape and irrigation improvement
project in the Davis Blvd medians at the Brookside Drive intersection.
3) To approve a budget amendment for Fund 187 Bayshore Gateway
Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112
(Davis Blvd Phase I Irrigation Renovation Project #60098) to
reimburse the County for the installation of a landscape and irrigation
project at the US41 I Davis Blvd intersection.
4) To approve a Fund 187 Bayshore Gateway Triangle Budget
Amendment of $3,000 from reserves to acquire computer systems.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests approval for reimbursement for
attending a function serving a valid public purpose: to attend the 2005
NAACP Annual Freedom Fund Banquet on October 15,2005 in the
amount of $55.00, to be paid from Commissioner Fiala's travel
budget.
To be held at the Elks Lodge, 3950 Radio Road, Naples, Florida
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the One by One Leadership Foundation of
Southwest Florida MeetinglLuncheon on September 16, 2005 and is
requesting reimbursement in the amount of $10.00 to be paid from his
travel budget.
To be held at the One Stop Center, 750 5th Street South,
Page 20
September 27, 2005
.---"'.-
Immokalee, Florida
3) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Southwest Florida Workforce
Development Board's Annual Retreat Awards Dinner on September
16,2005 and is requesting reimbursement in the amount of$25.00 to
be paid from his travel budget.
To be held at the Marco Island Hilton Beach Resort, 560 South
Collier Boulevard, Marco Island, Florida
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the "Wake Up Naples Breakfast" sponsored
by the Naples Chamber of Commerce, on September 21, 2005 and is
requesting reimbursement in the amount of $17.00, to be paid from
his travel budget.
To be held at The Naples Hilton, 5111 Tamiami Trail N, Naples,
Florida
Moved Section #D-l to Item #10J
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve writing off Accounts Receivable in the
amount of$514,328.80 to comply with Auditor recommendations
included in the Management Letter of the Fiscal Year 2004 Collier
County Annual Audit.
As Detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation to approve Agreed Order Awarding Engineering
Expert Fees & Costs of$9,250 for P. 141,841, & 143 in the case
Collier County v. Primera Iglesia Cristiana Manantial De Vida, Case
No. 03-2372-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact
$9,250)
Page 21
September 27, 2005
-~-"._-
2) Recommendation to approve Agreed Order Awarding Engineering
Expert Fees & Costs for $3,650 for Parcels 142, 742A, 742B, & 942
in Collier County v. Parkway Community Church of God, Case No.
03-2374-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact
$3,650)
3) Consider Proposed Settlement Agreement in reference to Florida
State Underground, Inc. v. Collier County, Case No. 03-4177-CA,
now pending in the Twentieth Judicial Circuit, Collier County, Florida
and give direction to County Attorney regarding the litigation.
County to release a retainage in the amount of $113,877.14 to FSU
without interest
4) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit
styled Collier County v. Rafael Liy, et al., Case No. 05-752-CA
(Collier Blvd 951 Project 65061).(Fiscal Impact $54,397.50)
5) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be Drafted Incorporating the Same
Terms and Conditions as the Mediated Settlement Agreement in the
Amount of$124,670.00 for the Acquisition of Parcels 108 and 708 in
the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No.
05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact:
$58,987.38)
6) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be Drafted Incorporating the Same
Terms and Conditions as the Mediated Settlement Agreement in the
Amount of$221,300.00 for the Acquisition of Parcels 107 and 707 in
the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No.
05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact:
$73,300.26)
7) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be Drafted Incorporating the Same
Terms and Conditions as the Mediated Settlement Agreement in the
Amount of$129,500.00 for the Acquisition of Parcels 106 and 706 in
the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No.
05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact:
Page 22
September 27, 2005
'^.--_._..-_...._~._...,-_.._-
$63,186.22)
8) Recommendation to Approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be Drafted Incorporating the Same
Terms and Conditions as the Mediated Settlement Agreement in the
Amount of$156,500.00 for the Acquisition of Parcels 109 and 709 in
the Lawsuit Styled Collier County v. Susan C. Hallock, et al. Case
No. 05-0646-CA (County Road 951 Project No. 65061). (Fiscal
Impact: $70,777.04)
Continued to October 11, 2005 meeting
9) Recommendation to authorize the County Attorney to file a lawsuit
after October 1, 2005 compelling JC Drainfield Repair, Inc., its
principles, affiliate entities or persons, or any combination thereof, to
comply with Collier County Ordinance No. 03-18, codified as Chapter
134, Article IX of the Collier County Code of Laws and Ordinances,
including but not limited to, the pursuit of reimbursement of all costs
and fees due and owing to Collier County under Chapter 134, Article
IX and as otherwise provided by law.
10) Recommendation to Approve a Budget Amendment in the Amount of
$118,567.35 to Transfer the Balance of the Funds from Fund 652
Reserves to Its Operating Budget and to Transfer the Total Amount
Collected in Excess of$108,309.66 (the Statutorily Mandated Amount
that the Board of County Commissioners Must Fund the Legal Aid
Society).
Moved to Item #10G
11) Recommendation that the Board of County Commissioners Approve a
Resolution Approving the 2006 Fiscal Year Pay and Classification
Plan, a General Wage Adjustment (COLA) and Merit Increase for the
Office of the County Attorney.
12) Recommendation to Approve Settlement Pre-Litigation and Prior to
Mediation Pursuant to the Alternative Dispute Resolution Procedures
in Countywide Paved Shoulders and Sidewalk Improvements Contract
03-3528 With Better Roads, Inc. for Full and Final Settlement of All
Outstanding Liquidated Damages Claims in the Amount of
$10,000.00 to be Paid to Better Roads, Inc.
Page 23
September 27, 2005
,.___ri_". "-........--....----.-.
13) Recommendation to Approve Settlement Prior to Arbitration-
Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD
OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE
TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER
COUNTY, FLORIDA, CASE NO.: 04-5636-CA FOR $20,000.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Moved to Item #7C
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-04-AR-6700 A
Resolution of the Board of Zoning Appeals providing for the establishment
of two Conditional Uses in the "E" Estates zoning district for a group home,
and private school to serve the residents of the group home and program
participants per Table 2, Subsection 2.04.03 of the Collier County Land
Development Code for property located in Section 8, Township 50 South,
Range 26 East, Collier County, Florida.
B. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Schedule Four of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance), to reflect the amended rates set forth
in the impact fee study, providing for the incorporation by reference of the
impact fee study entitled Correctional Impact Fee Study, Collier County,
Florida, establishing methodology for the annual indexing adjustment to the
Correctional Facilities Impact Fee Rates, and providing for a delayed
effective date of November 1,2005.
Page 24
September 27, 2005
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Ordinance 2005-47
c. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2003-AR-3588:
Frank C1esen & Sons, Inc., represented by William L. Hoover, of Hoover
Planning and Development, Inc., requesting a rezone from Planned Unit
Development (PUD) to Commercial Planned Unit Development (CPUD) to
amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to
update the PUD document in compliance with the current LDC PUD
requirements, for property located on the north side of Pine Ridge Road,
approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge
Road intersection, in Section 7, Township 49 South, Range 26 East, Collier
County Florida. This property consists of 4.33 acres
Ordinance 2005-48
Continued to the October 11, 2005 BCC Meeting
D. This item was continued from the September 13.2005 BCC Meetine:. To
obtain Board of County Commissioner approval to repeal and replace the
Ordinance establishing the Code Enforcement Board and the Nuisance
Abatement Board.
Moved to Item #8F
E. To obtain Board of County Commissioners Approval to repeal Ordinance
90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and
replace with Ordinance No. 05-_.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 25
September 27, 2005
PM-FRONT OF ROOM
STEPHEN CUNNINGHAM
SPECIAL MAGISTRATE TO VALUE ADJUSTMENT BOARD
,
COLLIER COUNTY, FLORIDA
AGENDA
OCTOBER 13, 2005
THE SPECIAL MAGISTRATE WILL HOLD A PUBLIC HEARING FOR THE FOLLOWING
PETITIONS:
1:00 P.M. - COMMERCIAL TAX PETITIONS
TV 111
TV 115
TV 117
~~ ~~~
2:00 P.M.
TV 85
TV 86
TV 8'7
TV 88
TV 89
TV 90
TV 91
J\RC I ±-±-; LLC scet-t-Er.-Retzloff &. ADDOC. WiD 9/26/05
}\RC III, LLC Scott B. Retzloff &. ]\DOOC. WiD 9/26/05
Bond, Schoeneck &. King, V}\ N::lrk Nog::lloJc.i WiD 9/13/05
Bond, Schoeneck &. King, Vl\ N::lrk Nog::lloki WiD 9/13/05
Dond, Schoeneck &. King, VA H::lrk Nogo.loJ;:i WiD 9/13/05
Dcloitte To.x, LLP
Dcloittc T::lx, LLP
Deloitte To.x, LLV
Dcloittc T::lx, LLP
Deloitte To.x, LLV
Deloitte T::lx, LLP
Dcloittc To.x, LLP
(RESCHEDULED FOR
AT 4:00 P.M.)
3:00 P.M.
TP-3 Assessment Technologies - Walgreens
TP-4 Assessment Technologies - Walgreens
TP-5 Assessment Technologies - Walgreens
TP-6 Assessment Technologies - Walgreens
TP-7 Assessment Technologies - Walgreens
TP-8 Assessment Technologies - Walgreens
TP-9 Assessment Technologies - Walgreens
TP-I0 Assessment Technologies - Walgreens
TP-l1 Assessment Technologies - Walgreens
TP-12 Assessment Technologies - Walgreens
TP-13 Assessment Technologies - Best Buy
TP-15 Assessment Technologies - Costco
Page 1
October 13, 2005 (P.M.-Front)
PM-FRONT OF ROOM
4:00 P.M.
TP-25 Commercial Property Services, Inc. - united Parcel
TP-26 Commercial Property Services, Inc. - united Parcel
TP-27 Commercial Property Services, Inc. - CVS Pharmacy
TP-28 Commercial Property Services, Inc. - CVS Pharmacy
TP-29 Commercial Property Services, Inc. - CVS Pharmacy
TP-30 Commercial Property Services, Inc. - CVS Pharmacy
Page 2
October 13, 2005 (P.M.-Front)