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Recap 10/11/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì'" 'A"... ,~ " ,. . ." '--'"'",~,..."." ',- ~= AGENDA October 11, 2005 9:00 A.M. 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 Page 1 October 11, 2005 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community 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 w/Changes - 5/0 B. September 8, 2005 - BCC/CRA Meeting Approved as presented - 5/0 C. September 8, 2005 - BCC/Budget Hearing Approved as presented - 5/0 D. September 13,2005 - BCC Regular Meeting Approved as presented - 5/0 E. September 19, 2005 - BCC/Emergency Meeting Tropical Storm Rita Approved as presented - 5/0 F. September 20,2005 - BCC/PUD Audit Workshop Approved as presented - 5/0 Page 2 October 11, 2005 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 Years 1) William Arthur, Golden Gate Community Center Advisory Committee Presented 2) William Dempsey, Historical/Archaeological Preservation Board Presented 3) John Ribes, Parks and Recreation Advisory Board Presented 10 Years 1) Charles VanGelder, Golden Gate Estates Land Trust Committee Presented 4. PROCLAMATIONS A. Proclamation designating October 15, 2005, as NAACP Freedom Fund Day. To be accepted by LaVerne Franklin, Treasurer, NAACP; and Irene Williams, Secretary, NAACP. Adopted - 5/0 B. Proclamation designating October 20,2005, as Lights On Afterschool! Day. To be accepted by Lisa Morse, Vice President of Operations, Boys & Girls Club of Collier County. Adopted - 5/0 C. Proclamation designating October 11,2005, as League of Women Voters' Day. To be accepted by Sheilah Crowley, President, League of Women V oters of Collier County. Adopted - 5/0 Page 3 October 11,2005 D. Proclamation designating October 23 - 31, 2005, as "Red Ribbon Week" in Collier County, Florida. To be accepted by Sheriff Don Hunter, Collier County Sheriffs Department. Adopted - 5/0 Continued to October 25, 2005 E. Proclamation designating October 11,2005, as Mr. James Rozzi Day. To be accepted by James Rozzi. F. Proclamation designating October 15, 2005, as National Latino AIDS Awareness Day. To be accepted by Scott Tims, HIV/Aids Program Manager, Collier County Health Department. Adopted - 5/0 Added G. Proclamation to designate October 19, 2005 as The Naples Hispanic Chamber of Commerce Hispanic Heritage Day. To be accepted by Valaree Maxwell, President, Naples Hispanic Chamber of Commerce Adopted - 5/0 5. PRESENTATIONS A. Presentation of the Exemplary Public Service Award to Representative J. Dudley Goodlette. To be presented by Chris Holley, Executive Director of the Florida Association of Counties. Presented 6. PUBLIC PETITIONS A. Public Petition request by Robert Pritt to discuss dock permitting requirements for seawalls, riprap and boat docks. Staff to bring back to future Agenda - Consensus Withdrawn B. Public Petition request by Jeanne Benefico and Lydia Botten to discuss fee structure for Beach Parking. C. Public petition request by J. Michael Mastej to discuss extended work hours for Collier Regional Medical Center Construction Project PUDZ-03-AR- Page 4 October 11, 2005 4674. Approved- w/stipulations - 4/1 (Commissioner Halas opposed) Item 7 and 8 to be heard no sooner than 1 :00 o.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the September 27. 2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv 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. Resolution 2005-353 - Adopted 4/1 (Commissioner Halas opposed) B. This item was continued from the Julv 26. 2005 BCC meetin2 and is reQuested to be further continued to the October 25. 2005 meetin2 due to an advertisin2 issue. This item requires that all participants be sworn in and ex parte disclosure be provided by 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-l2 (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. 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn and ex parte communication be disclosed. PUDA-2005-AR-7l52; Valewood Properties, LLC, represented by Bruce Tyson of Wilson Miller, Inc., requesting an Page 5 October 11, 2005 amendment to the Quail II Planned Unit Development (PUD) to amend a tract designation from commercial to residential use, allowing for an additional 152 dwelling units, raising the total allowable units to 512 units. The new R-l tract provides development standards for the subject site. The subject property is approximately 21.74 acres located north of Immokalee Road (CR 846), approximately mile east of the 1-75 interchange in Section 26, Township 48 South, Range 26 East. Ordinance 2005-52 - Adopted 5/0 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Santa Barbara Landings PUD, St. George Group, Corporation, represented by D. Wayne Arnold, of Q. Grady Minor & Associates, P.A., requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2005-53 - Adopted w/stipulations 5/0 C. This item is bein2 reQuested to be continued to the October 25. 2005 BCC Meetin2. 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 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) D. This item is bein2 reQuested to be continued to the October 25. 2005 BCC Meetin2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR- 7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at Page 6 October 11, 2005 the southwest corner of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. E. This item was continued from the September 27. 2005 BCC Meetin2. 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-_. Ordinance 2005-54 - Adopted 5/0 Moved from Item #17D F. This item was continued from the September 13. 2005 BCC Meetin2 and further continued from the September 27. 2005 BCC Meetin2:. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Ordinance 2005-55 - Adopted 4/1 (Commissioner Coletta opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Historical/Archaeological Preservation Board. Resolution 2005-355: Appointing Patricia A. Huff, and Re-Appointing John W. Thompson wI waive of Term Limit and Re-Appointing Thomas W. Franchino - Adopted 5/0 B. To appoint a Commissioner to serve on the County Canvassing Board for the 2006 Elections. Commissioner Fiala Appointed Primary with Commissioner Coletta at the Alternate - Approved 5/0 C. Appointment of members to the Board of Building Adjustments and Appeals. Resolution 2005-356: Re-Appointing Bradley W. Schiffer and Re- Advertise the Two available Positions with the stipulations that they must be currently licensed- Adopted 5/0 D. Appointment of member to the Collier County Airport Authority. Resolution 2005-357: Appointing Charles L. Wright, Jr. - Adopted 5/0 Page 7 October 11, 2005 E. Appointment of member to the Immokalee EZDA/CRA Advisory Board. Resolution 2005-358: Appointing Julio Estremera - Adopted 5/0 Fred N. Thomas - Chairman and Robert W. Soter - Vice Chairman F. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2005-359: Re-Appointing Jeffrey Scott Curl- Adopted 5/0 G. This item to be heard at 10:00 a.m. after Item lOB. This item continued from the September 27. 2005 BCC Meetin2:. The Annual Performance Appraisal for the County Attorney. Merit pay awarded in the amount of $12,146.00 - Approved 4/1 (Commissioner Halas opposed) H. Appointment of member to the Animal Services Advisory Board. Resolution 2005-360: Appointing Michele Antonia - Adopted 5/0 I. Support for continued State funding of the Horizons Primary Care Center. (Commissioner Coletta request) Approved - 5/0 J. Recommendation to adopt a Resolution in support of the establishment of the Southwest Florida Expressway Authority and that the Board act on an appointment of one of the BCC members to serve on the Toll Authority Board. Resolution 2005-361: Appointing Commissioner Coletta - Adopted 5/0 wI authorization to sign Resolution K. This item to be heard at 10:00 a.m. after Item 9G. The Annual Performance Appraisal for the County Manager. (Commissioner Coyle) Motion to accept performance appraisal - Approved 5/0; Merit pay awarded in the amount of $16,701.00 - Approved - 5/0; Contract extension and salary negotiation to be brought back to the October 25, 2005 meeting for presentation by Commissioner Coyle - Consensus L. Request to reconsider Sonoma Oaks PUD, PUDZ-2005-AR-7469. (Commissioner Henning) Approved - 5/0 Continued to October 25, 2005 BCC Meeting Page 8 October 11,2005 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. This item was continued from the September 27. 2005 BCC Meetin2:. 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. Resolution 2005-352 Adopted wlstipulations - 5/0 B. This item to be heard at 10:00 a.m.. after Item lOA. This item continued from the September 27. 2005 BCC Meetin2:. Recommendation to adopt a Resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) 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. (Len Price, Administrator, Administrative Services) Resolution 2005-351 Adopted wlstipulations - 5/0 C. This item continued from the September 27. 2005 BCC Meetin2:. 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) Resolution 2005-362 - Adopted 5/0 Moved from Item #17D D. This item continued from the September 27. 2005 BCC Meetin2:. 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) Approved - 5/0 Page 9 October 11, 2005 E. This item continued from the September 27. 2005 BCC Meetin2:. Review and approve the FY 2006 Annual Work Plan for the County Manager. Approved w/ stipulations that modified changes and approvals if needed can be established and that Commissioner Coyle's additional goals will be considered - 5/0 F. The Board of County Commissioners consideration of the final subdivision lat is uasi- ·udicial. Conse uentl all artici ants are reQuired to be sworn in and ex parte disclosure be provided by individual Commissioners. Recommendation to approve for recording the final plat of Legacy Estates, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item to be placed on Regular Agenda County Managers Report pursuant to Public Petition 6A from Board Agenda of June 28, 2005. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) Approved - 5/0 G. Recommendation to award a construction contract for the South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion to The Poole and Kent Company, Bid 05-3879, Projects Numbers 700971 and 710221 for $24,373,000.00. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 H. This item to be heard at 11:00 a.m. Recommendation to discuss the conceptual plans and financial implications for a new 17,000 square foot library adjacent to the existing Golden Gate Library (Project 54261). (Marla Ramsey, Administrator, Public Services) Motion to approve a new 24,000 square foot library adjacent to the existing Golden Gate Library, and to re-evaluate new impact fees for future library services - Approved -5/0 I. Discussion regarding staff interpretation and implementation of a provision in the Growth Management Plan pertaining to the re-designation of Rural Fringe Mixed Use District Sending Lands to either Receiving Lands or Neutral Lands. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Motion to approve Staff's recommendations to review all parcels as one Page 10 October 11, 2005 at a future BCC Meeting date - Approved 4/1 (Commissioner Fiala opposed) J. Recommendation to be authorized to advertise and schedule for public hearing amending Collier County Ordinance No. 2001-75, as amended, the Public Vehicle for Hire Ordinance. (Joseph Schmitt, Administrator, Community Development) Amendments made to reflect: Taxi Fares, Sign age on Charter Vehicles (Vans), Fining Structures and Sexual Predators - Approved 5/0 Moved from Item #16A20 K. Recommendation to approve the application by PACE Center for Girls, Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. Approved - 4/1 (Commissioner Henning opposed) Moved from Item #16A21 L. Recommendation that the Board of County Commissioners of Collier County, Florida adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74-203 (i) of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) in the amount of $42,966.29, for Pace Center for Girls, Incorporated. Resolution 2005-354 - Adopted 4/1 (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Molly Reed - Friends of the Collier County Museum re: Haldelman House B. Bob Krasowski - LDC Cycle and Affordable Housing in Collier County 12. COUNTY ATTORNEY'S REPORT A. Notice of Request for Closed Attorney-Client Executive Session. Regarding Settlement negotiations and/or strategy related to litigation expenditures in the pending case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida. Scheduled for October 25, 2005 BcC Meeting at Lunch Hour Page 11 October 11,2005 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 10:00 a.m.. after Item 9K. This item continued from the September 27. 2005 BCC Meetin2:. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and a $5000 bonus to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - Sunshine issues with Productivity Committee - Recommendation # 3 B. Commissioner Henning - Elevators in Building F C. Commissioner Henning - Meetings on Consent Agenda Items D. Commissioner Fiala - Haldelman House E. Commissioner Fiala - Affordable Housing (GAP) presentation scheduled for November 8, 2005 F. Commissioner Colette - Thursday October 13,2005 - Everglades 1-75 interchange for the public @ 7:00 p.m. at Agriculture Extension Building G. Commissioner Halas - Haldeman House to be placed at Loudermilk Park H. Commissioner Halas - Affordable Housing for working people in Collier County (Community Land Trust) ------------------------------------------------------------------------------------------------------------ 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 andlor Adopted w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Page 12 October 11, 2005 1) Recommendation to approve final acceptance of water utility facilities for Tollgate Business Center Release to the Project Engineer or the Developer's designated agent in the form of a Cash Bond in the amount of $4,237.13 2) Recommendation to approve final acceptance of water and sewer utility facilities for Serafina at Tiburon. The UPS submitted with Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. 3) Recommendation to approve final acceptance of water and sewer utility facilities for Brynwood Preserve. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 4) Recommendation to approve final acceptance of water utility facilities for Sabal Bay Commercial, Phase One. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 5) Recommendation to approve final acceptance of water and sewer utility facilities for Santa Rosa at Olde Cypress. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 6) Recommendation to approve final acceptance of water and sewer utility facilities for Naples Lakes, Phases 1,2,3, and 7. The UPS submitted with Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. 7) Recommendation to approve final acceptance of water utility facilities for North Naples Medical Park. The UPS submitted with Subdivision bond may be reduced by 1 0% for the utility-related items that have been satisfactorily Page 13 October 11, 2005 completed. 8) Recommendation to approve final acceptance of water and sewer utility facilities for Palomino Village. The UPS submitted with Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. 9) Recommendation to approve final acceptance of water and sewer utility facilities for Southwest Professional Health Park. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 1 0) Recommendation to approve final acceptance of water and sewer utility facilities for White Lake Corporate Park Phase I. The UPS submitted with Subdivision bond may be reduced by 1 0% for the utility-related items that have been satisfactorily completed. 11) Recommendation to approve final acceptance of water and sewer utility facilities for White Lake Corporate Park, Phase III. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 12) Recommendation to approve final acceptance of water and sewer utility facilities for Whittenberg Villas. The UPS submitted with Subdivision bond may be reduced by 1 0% for the utility-related items that have been satisfactorily completed. 13) Recommendation to authorize the Chairman to sign a revised ten year U.S. Fish and Wildlife Service Cooperative Grant Agreement for funding habitat restoration on Conservation Collier properties to not exceed $250,000 over a ten-year period. As Detailed in the Executive Summary Page 14 October 11, 2005 14) Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Two. The UPS submitted with Subdivision bond may be reduced by 100/0 for the utility-related items that have been satisfactorily completed. 15) Recommendation to approve for recording the final plat of Twin Eagles, Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of $2,829,384.44 for the performance security for required improvements. w /stipulations 16) Recommendation to authorize the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida for two 2-acre plots for aquaculture research with Florida Gulf Coast University. As Detailed in the Executive Summary 17) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Serafina at Tiburon. The roadway and drainage improvements will be privately maintained. Resolution 2005-344 w/release of the maintenance security 18) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Tiburon Boulevard East Extension. The roadway and drainage improvements will be privately maintained. Resolution 2005-345 w /release of the maintenance security 19) CARNY-2005-AR-84l3 Annie Alvarez, Athletic Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Fall Fest Carnival on October 20,21,22 and 23,2005, at the Eagles Lakes Community Park located at 11565 Tamiami Trail East. Carnival Permit 2005-05 w/waiving license and surety bond Moved to Item #10K 20) Recommendation to approve the application by PACE Center for Girls, Incorporated for the Job Creation Investment Program and the Page 15 October 11, 2005 Advanced Broadband Infrastructure Investment Program. As Detailed in the Executive Summary Moved to Item #10L 21) Recommendation that the Board of County Commissioners of Collier County, Florida adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74-203 (i) of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) in the amount of $42,966.29, for Pace Center for Girls, Incorporated. B. TRANSPORTATION SERVICES 1) 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 2005-346 Continued to October 25, 2005 BCC Meeting 2) Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. As Detailed in the Executive Summary 3) Recommendation to approve the sole source purchase of ten (10) above-ground permanent traffic count stations from South Atlantic Traffic, Inc. in the amount of $65,000. To measure real time and historic traffic demand on the County's arterial and collector roadways 4) Recommendation to approve an Easement Agreement for the conveyance of right-of-way Parcel No. 130 required from Colonnade on Santa Barbara, LLC for the construction of improvements to Santa Barbara Boulevard (Project No. 62081). Estimated Fiscal Impact: $525,781.50. Page 16 October 11, 2005 As Detailed in the Executive Summary 5) Recommendation to waive formal competition and approve a sole source purchase of Carte graph VERSAtools computer software for development of a right-a-way database management system for the Collier County Transportation Division. Fiscal Impact: $30,000.00 To accurately collect project and parcel costs, streamline legal instruments and provide access to right-of-way data via GIS (purchases 11 licenses) 6) Recommendation that the Board of County Commissioners (1) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the State Department of Transportation in which Collier County would be reimbursed up to $500,000 of the total estimated cost of $642,500 for the design, construction, engineering and inspection of Sidewalks Various Locations and (2) approve future fiscal year annual costs of sidewalk maintenance. Resolution 2005-347 7) Recommendation to award Bid # 05-3780R to AgTronix and Contemporary Controls & Communications, Inc. to multiple vendors on a category basis. Annual expenditures are estimated to be $250,000. To procure the necessary Motorola supplies and repair/maintenance services for County's irrigation systems C. PUBLIC UTILITIES 1) 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 $35.50, Project Number 708921. As Detailed in the Executive Summary Page 17 October 11, 2005 2) Approval of an Interlocal Agreement between Collier County and the City of Everglades City for the County to provide trash collection in the City and approve the necessary budget amendments when the exact number of residential units are determined from the Property appraisers records. As Detailed in the Executive Summary 3) Recommendation to approve Work Order # PSI-FT-05-04, to PSI, Inc. under Contract No. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete a Risk Management Assessment at the Naples Recycling Center located on the former landfill at the Naples Airport, in an amount not to exceed $97,957.50, project #59003. As Detailed in the Executive Summary D. PUBLIC SERVICES 1) Recommendation to approve conveyance of a Utility Easement to Sprint-Florida, Inc. for the installation of telecommunication lines at North Collier Regional Park on Livingston Road at a cost not to exceed $27.00 -Project 80602. As Detailed in the Executive Summary 2) Recommendation to establish a separate Collier County University Extension Trust Fund for the acceptance and management of individual and organizational donated funds; educational program generated funds; and expenditures associated with educational programming by the Collier County University Extension Center. To properly account for funds donated to and expended for educational programming 3) Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $125,000 between Collier County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women and authorize the Chairman to sign the grant acceptance document, initial special conditions pages and approve necessary budget amendment. As Detailed in the Executive Summary Page 18 October 11, 2005 E. ADMINISTRATIVE SERVICES 1) Recommendation to award RFP No. 05-3868 Internet-Based Solution for Purchasing Card Program to Sun Trust Bank. Authorize the increase of the single transaction limit to $1000 and the maximum monthly spending limit to $10,000. 2) Recommendation to award contract #05-3852, Design and Related Services for the South Regional Library, to Schenkel Shultz Architecture, Inc. to design the South Regional Library, project 54003, in the amount of$623,950. At the County-owned property within Lely Resort on Lely Cultural Parkway 3) Report and Ratify S taff- Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of August 26, 2005 through September 23, 2005 F. COUNTY MANAGER 1) Recommendation to approve after-the-fact submittal of an Emergency Management application for a matching (75/25) grant offered by the Federal Emergency Management Agency and the State of Florida Department of Community Affairs in the amount of $87,000. For the purpose of creating a public outreach mitigation program 2) Recommendation to approve budget amendments for the Isles of Capri Fire & Rescue District for the purchase of equipment for a new fire engine in the amount of $39,900. As Detailed in the Executive Summary 3) Recommendation to approve Contract #05-3883 "Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith Arnold and Associates) in the amount of $66,000 annually. To express Collier County's need to the Legislature G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Page 19 October 11,2005 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Friends of the Collier County Museum Wine Tasting Gala on Tuesday, September 27,2005 at The Fresh Market; $25.00 to be paid from Commissioner Fialals travel budget. Located at 4129 Tamiami Trail, Naples, Florida 2) Commissioner Coyle requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended NAACP Freedom Fund Banquet and Silent Auction on October 15, 2005 at the Elks Lodge; $55 to be paid from Commissioner Coyle's travel budget. Located at 3950 Radio Road, Naples, Florida 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attended the NAACP Freedom Fund Banquet and Silent Auction on October 15, 2005 at the Elks Lodge; $55 to be paid from Commissioner Halas' travel budget. Located at 3950 Radio Road, Naples, Florida I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to amend Contract #03-3497, "Auditing Services for Collier County" with KPMG LLP, to include a proposed price of $379,200 for the FY-2005 Audit. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et aI., Case No. 02-5l38-CA (Immokalee Road Page 20 October 11,2005 Project #60018). Fiscal Impact: $6,405.00. As Detailed in the Executive Summary 2) Recommendation to Approve a Stipulated Final Judgment as to Parcels 720, 920, 721, 921, 722 and 922 in the Amount of $20,490.00 in the Lawsuit Styled Collier County v. Lord's Way Realty LLC, et aI., Case No. 05-l055-CA (South County Regional Water Treatment Plant Reverse Osmosis (RO) Wellfield Expansion to 20-MGD, Project No. 708921). Fiscal Impact: $2,840.00 As Detailed in the Executive Summary 3) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 154 & 754 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $37,799) As Detailed in the Executive Summary 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 155 and 755 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03- 2500-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,719) As Detailed in the Executive Summary 5) This item continued from the September 27. 2005 BCC Meetin2:. Recommendation to authorize the County Attorney to file a lawsuit after November 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. As Detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY Page 21 October 11, 2005 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 P ARTICIP ANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VPLAT2005-AR8037 to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of Naples Production Park, located in Section 36, Township 49 South, Range 25 East. Resolution 2005-348 B. SE-2005-AR-7530: Scriveners Error to correct the legal description attached to Resolution Number 05-156 that granted Conditional Use approval for the Bethel Assembly of God gymnasium expansion. Resolution 2005-349 C. SE-2005-AR-7607: Scriveners Error to replace Resolution Number 2005-34, regarding Fidelity Building, Ltd., represented by Ryan White, of Site Enhancement Services, who applied for a sign variance to allow Fidelity Investments to retain their one existing non-conforming ground sign. Resolution Number 2005-34 failed to reflect the changes made by the Board of County Commissioners at the January 11, 2005, public hearing for they sign variance petition (SN-2004-AR-650l). Resolution 2005-350 Moved to Item #8F D. This item was continued from the September 13.2005 BCC Meetin2: and further continued from the September 27. 2005 BCC Meetin2:. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Page 22 October 11, 2005 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 October 11,2005