Recap 11/15-11/16/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
November 15 - 16, 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
THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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November 15-16, 2005
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING 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. Chaplin Michael Harper, Naples Community Hospital
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 5/0;
Additional change sheet presented on 11/16/05 with item that was
omitted from the agenda (PUDEX-05-AR-7951). This item is continued
to the December 13, 2005 BCC Meeting - Approved 5/0
B. October 13, 2005 - BCC/ V AB Special Magistrate AM Meeting-front half of
boardroom
Approved as Presented - 5/0
C. October 13, 2005 - BCCN AB Special Magistrate PM Meeting-front half of
boardroom
Approved as Presented - 5/0
D. October 14, 2005 - BCC/ V AB Special Magistrate AM Meeting-rear half of
boardroom
Approved as Presented - 5/0
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November 15-16, 2005
E. October 17,2005 - BCC/V AB Special Magistrate-front half of
boardroom
Approved as Presented - 5/0
F. October 18, 2005 - BCC/CRA Workshop
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
- Presented
5 Years
1. Jim Coletta, Lake Trafford Restoration Task Force
2. Sofia Pagan, Hispanic Affairs Advisory Board
3. John Ribes, Parks and Recreation Advisory Board
4. Heather Rockcastle, Emergency Medical Services Advisory Council
5. Nicole Ryan, Lake Trafford Restoration Task Force
6. Sharon Tims, Immokalee Beautification MSTU Advisory Committee
7. Peter VanArsdale, Development Services Advisory Committee
10 Years
1. Jack Humphrey, Industrial Development Authority
2. Cheryle Newman, Golden Gate Beautification Advisory Committee
3. Barbara Minch Rosenberg, Industrial Development Authority
Presented
4. PROCLAMATIONS
A. Proclamation designating November 20 - 26 as Farm-City Week. To be
accepted by David Santee.
Adopted - 5/0
B. Proclamation designating November 15,2005, as Hurricane Katrina Relief
Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie
Laliberte, and Tonia Figueroa of the Collier County Health Department;
Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks,
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November 15-16, 2005
Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical
Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire
Department; Erick Baltodano and Marc SanAngelo of the City of Naples
Fire Department; Al Sanchez and David Levitt of Domestic Animal
Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor,
Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National
Wildlife Refuge.
Adopted - 5/0
C. Proclamation designating November 2005 as National Epilepsy Awareness
Month. To be accepted by Gerry Harwick, Prevention and Education
Coordinator for Epilepsy Services of Southwest Florida; and Marielys
Figueroa Ruiz, Case Manager for Epilepsy Services of Southwest Florida.
Adopted -5/0
D. Proclamation designating November 2005 as United Way of Collier County
Agency Awareness Month. To be accepted by Palma Fuson, President of the
Board of Directors, Uni ted Way; Jennifer Edwards and Dr. Leo Mediavilla,
Co-Chairs of the Campaign, United Way.
Adopted -5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. This item was continued from the October 25. 2005 BCC Meetin2.
Public Petition request by Thomas Selck to discuss Building Permit No.
2005- 080737, 3560 21st Avenue SW.
Motion to bring back at a future BCC Meeting - 3/2 (Commissioner
Henning and Commissioner Halas opposed)
B. This item was continued from the October 25. 2005 BCC Meetin2.
Public Petition request by Jo Presi Brisson to discuss road paving in Golden
Gate Estates.
Motion to bring back at a future BCC Meeting - 5/0
C. Public Petition request by John J. Juliano to discuss acceptance of
Henderson Creek Drive as a County Road.
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November 15-16, 2005
Motion to bring back at a future BCC Meeting - 3/1 (Commissioner
Halas opposed and Commissioner Henning out)
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item was continued from the October 25. 2005 BCC Meetin{! to the
November 1.2005 Meetin{! and was further continued to the November
15.2005 BCC Meetin2. This item reQuires that all participants be
sworn in and ex parte disclosure be provided by Commission members.
CU-2005-AR-7586 Southern Centers in Naples, LC, in regards to Office
Depot, represented by Wayne Arnold, ofQ. Grady Minor and Associates,
P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A.,
requesting a conditional use to allow an office supply store in excess of
5,000 square feet within the C-3 zoning district (with an ST overlay)
pursuant to the previous LDC Section 2.2.14.3.11. The subject property,
consisting of 4.02 acres, is located on the northeast corner of Collier
Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51
South, Range 26 East.
Resolution 2005-400 - Adopted 5/0
B. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1.2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin{!. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: CU-2003-AR-3573. Independent Haitian
Church of God, represented by Kelly Smith of Davidson Engineering, Inc.,
requesting a Conditional Use in the RMF -6 zoning district as provided for
within Table 2 of Section 2.04.03 per Land Development Code (LDC) for
expansion of a church. The 2.03 acre property to be considered for the
conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A,
Guilford Acres, in Section 13, Township 50, Range 25, Collier County
Florida.
Resolution 2005-401 - Adopted w/stipulations 4/1 (Commissioner
Halas opposed)
C. This item was continued from the July 26. 2005 and October 11.2005
BCC meetin{!s and is further bein{! reQuested to be continued
indefinitely. This item requires that all participants be sworn in and ex
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November 15-16, 2005
parte disclosure be provided by Commission members. CU-2004-AR-
6384 Golden Gate Congregation of Jehovah's 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.
Approved to continue indefinitely - 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1.2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin2. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-2005-AR-7469, Sonoma Oaks MPUD:
Richard and Frances Craig and CDN Properties, LLC, represented by Robert
Mulhere ofRW 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 (CR 951), approximately 1/4 mile
north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range
26 East Collier County, Florida.
Ordinance 2005-61 - Adopted w/stipulations 5/0
B. This item has been continued from the October 25. 2005 BCC Meetin2
to the November 1.2005 BCC Meetin2 and was further continued to the
November 15.2005 BCC Meetin{!. This item reQuires that all
participants be sworn in and ex parte disclosure be provided bv
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 the southwest corner of
Rattlesnake-Hammock Road and Collier Boulevard, in Section 22,
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November 15-16, 2005
Township 50 South, Range 26 East, Collier County, Florida.
Resolution 2005-402 - Adopted 5/0
C. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1.2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin{!. 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)
Ordinance 2005-62 - Adopted w/stipulations 5/0
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-
6906 James J. Fields, contract purchaser, represented by William
Hoover of Hoover Planning and Development, Inc., requesting: a
rezone from the Residential Multi-Family-6 (RMF-6) with a Bayshore
Mixed Used District-Residential (BMUDR2) overlay zoning district to the
Residential Planned Unit Development (RPUD) zoning district for a Project
to be known as the Cirrus Pointe PUD, to allow for a multi-family Project of
up to 108 residential units; and, consideration and approval of an
affordable housing density bonus agreement authorizing the developer to
utilize affordable housing bonus density units (in the amount of 78 units at
7.89 bonus density units per acre) in the development of this Project for
low-income residents that will include a maximum of 32 units designated as
Affordable Housing units. The subject property, consisting of9.92 acres, is
located at the northeast corner of Bayshore Drive and Thomasson Drive,
in Section 14, Township 50 South, Range 25 East, Collier County, Florida.
Ordinance 2005-63 - Adopted 5/0
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2004-AR-
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November 15-16, 2005
6084 Waterways Joint Venture IV, represented by Dwight H. Nadeau, of
RW A, Inc., and Richard D. Y ovanovich, of Goodlette, Coleman and
Johnson, P.A., requesting a rezone from Rural Agricultural (A) and
Residential Planned Unit Development (RPUD) to Residential Planned Unit
Development (RPUD) for a Project to be known as Bristol Pines RPUD to
amend the existing PUD document and master plan for a residential
subdivision to add land and units to allow for a maximum number of 292
residential units and recreational amenities. The Project density is proposed
to be 6.85 units per acre subject to the approval of the companion Affordable
Housing Density Bonus Agreement, authorizing the developer to utilize
affordable housing bonus density units (in the amount of 121 units at 3.0
bonus density units per acre) in the development of this Project for low-
income residents that will include a maximum of 29 units designated as
affordable housing units. The Project consists of 42.61 acres and is generally
located at 14750 Collier Boulevard on the east side of Collier Boulevard
(CR-951), approximately 1 mile south of Immokalee Road (CR-846).
Access to serve the Project is proposed to be from Tree Farm Road in
Section 35, Township 48 South, Range 26 East, Collier County, Florida.
Ordinance 2005-64 Adopted w/CCPC stipulations - 4/1 (Commissioner
Fiala opposed)
F. This item reQuires that all participants be sworn in an ex parte
disclosure be provided by Commission members. PUDA-2005-AR-7557;
Empire Developers Group LLC, represented by Laura Spurgeon of Johnson
Engineering, Inc., requesting an amendment to the HD Development PUD
document and Master Plan by revising the development standards in Tracts I
and 2 by: revising the minimum single-family lot areas from 12,000 square
feet and 6,000 square feet to 9,000 square feet; revising the minimum
interior lot widths from 85 feet and 55 feet to 60 feet; revising the minimum
corner lot widths from 95 feet and 65 feet to 65 feet; the Project ownership;
removing attached and zero-lot line dwelling units as permitted uses; and,
adding additional landscape requirements along the northern PUD boundary.
The subject property is approximately 46.64 acres located east of Olde
Cypress Boulevard, between Immokalee Road (CR 846) and Treeline Drive,
in Section 21, Township 48 South, Range 26 East.
Ordinance 2005-65 Adopted w/stipulations - 5/0
G. This item is bein2 reQuested to be continued to the November 29. 2005
BCC Meetin2. Petition: represented by Michael Fernandez of Planning
Development Incorporated requesting a rezone from the PUD zoning district
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November 15-16, 2005
to the PUD Mixed Use zoning district by revising the existing Pine Ridge
Medical Center PUD Document and PUD Master Plan to reduce the
commercial use to 10,000 square feet, renovate the existing hotel into a
condominium building with 64 residential units and change the name of the
PUD. The property to be considered for this rezone is located in Section 15,
Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This
property consists of 4.02 acres and is located at II 00 Pine Ridge Road.
Approved motion to continue to the 11/29/05 BCC Meeting - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Nomination of applicant to forward to the Governor for consideration of
appointment to the SW FL Expressway Authority.
Resolution 2005-403 (11/16/05) : Nominating Stanley W. Plappert -
Adopted -3/2 (Commissioner Halas and Commissioner Coletta opposed)
B. Appointment of member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2005-404 (11/16/05): Re-appointing Richard E. Lydon to
the Vanderbilt Beach Beautification MSTU Advisory Committee -
Adopted - 5/0
C. Appointment of members to the Immokalee Master Plan and Visioning
Committee.
Resolution 2005-405 (11/16/05): Appointing Richard Rice and Brian
Blocker to the Immokalee master Plan and Visioning Committee -
Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 1 :00 p.m. Review of the approval of a
Commercial Excavation Permit (AR 3853) for "Mirasol Flowway and Water
Management Lakes, located in Sections 10, 15, & 22, Township 48 South,
Range 26 East: bounded on the north by Lee County (Residential), on the
west by Parklands PUD, Terrafina PUD, and land zoned Agricultural, on the
South by Immokalee Road and the Cocohatchee Canal, and on the east by
land zoned Agricultural and by the Heritage Bay PUD. (Joseph K. Schmitt,
Administrator, Community Development)
Approved - 3/2 (Commissioner Fiala and Commissioner Halas opposed)
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November 15-16,2005
B. Status report to the Board of County Commissioners on the Copeland Area
Rezone Project. (Joseph K. Schmitt, Administrator, Community
Development)
Approved - 5/0 (11/16/05)
C. Recommendation to approve a Budget Amendment in support of Hurricane
Wilma Recovery Efforts in Collier County. ($31,000,000) (Mike
Smykowski, Director, Office of Management and Budget)
Approved - 5/0 (11/16/05)
D. Recommendation to approve a budget amendment for the transfer of funds
from the Collier County Water-Sewer District Operating Fund (408) Reserve
for Contingencies, and other sources of Revenue in the total amount of
$2,000,000 to cover unanticipated Hurricane Wilma related operating
expenses in the North County Water Reclamation Facility and Wastewater
Collections Cost Centers. (Jim DeLony, Administrator, Public Utilities)
Approved - 5/0 (11/16/05)
E. This item to be heard at 10:00 a.m. Recommendation to approve an
Agreement for Sale and Purchase with the Trust for Public Land for the
purchase of land housing and adjoining Caribbean Gardens and the Naples
Zoo at a cost not to exceed $45,667,911. (Marla Ramsey, Administrator,
Public Services)
Motion to approve purchase of Option #1; The purchase of Parcels #1,
2, 3, 10, and 16 for $45 million, with acceptance of the purchase
agreement and the lease (with modification/amendments with TPL and
the Zoo in agreement) and then have further discussion on Parcels 11
and 12 - Approved - 3/2 (Commissioner Henning and Commissioner
Halas opposed);
Motion to approve purchase Parcels #11 & #12 for the amount of
$4 million - Approved with stipulations - 4/1 (Commissioner Henning
opposed)
F. This item to be heard with Item #10E. Recommendation to adopt a
Resolution authorizing the borrowing of an amount not to exceed
$7,200,000 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
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November 15-16, 2005
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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. (Mike Smykowski, Director, Office of Management and Budget)
Resolution 2005-399 Adopted - 5/0
G. Recommendation to approve an amendment to Contract 04-3673 with
Carollo Engineers in an amount of$1,144,432.00 to provide professional
engineering services for design of the Northeast Regional Water Treatment
Plant and Water Reclamation Facility, Project Numbers 70902 and 73156.
(Jim DeLony, Administrator, Public Utilities)
Approved - 5/0 (11/16/05)
H. Recommendation to award bid #05-3873 Golden Gate Parkway Grade
Separated Overpass Landscape Installation to Hannula Landscaping Inc.
with a base amount of$1,100,584.65 and 10% contingency of$110,058.46
for a total of$I,210,643.11 plus bid alternate 2a (fund 313, Project
#600066). (Norman Feder, Administrator, Transportation Services)
Approved - 5/0 (11/16/05)
I. Recommendation to name the water park facility at North Collier Regional
Park "Wetlands". (Marla Ramsey, Administrator, Public Services)
A Motion was made to name the park "Sun-n-Fun Lagoon"-
Approved - 5/0 (11/16/05)
Moved from Item #16Dl- Remained on Consent
J. Recommendation that the Board of County Commissioners approve a rate
increase of $ 700 per burial for indigent adult burial services funded by the
Human Services Department.
For the new cost of $1,600 per burial
Moved from Item #16E3
K. Recommendation that the Board authorize the County Attorneys Office to
draft an ordinance to authorize airport-type searches of individuals who
enter the Administration Building at the Main Government Complex.
Approved - 4/1 (11/16/05) (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bob Kraszowski's comments on rental/housing costs (11/16/05)
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November 15-16, 2005
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS (11/16/05)
A. Jim Mudd recognizes the passing of Mr. Ken Abernathy
B. Dan Summers wrap up of the recovery efforts surrounding Hurricane
Wilma
C. Commissioner Coletta's concerns regarding migrant work in
Immokalee; a decision was made to schedule a workshop
D. Joe Schmidt's discussion regarding Dinah Shores and Port-Au-Prince
E. Motion to make Commissioner Halas the contact person for the
Florida Annual Conference in Marco Island, representing Collier
County - Approved - 4/1 (Commissioner Halas opposed)
F. Staff to work on "rate of growth" Ordinance for Collier County -
Consensus
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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 grant final approval of the roadway (private) and
drainage improvements for the final plat of Waterways of Naples Unit
Three. The roadway and drainage improvements will be privately
maintained.
Resolution 2005-388
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Waterways of Naples Unit
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November 15-16, 2005
Four. The roadway and drainage improvements will be privately
maintained.
Resolution 2005-389
3) Recommendation to award Contract 05-3784, in the amount of
$62,000, for Consultant Services for the United States Department of
Housing and Urban Development (HUD) Five- Year Consolidated
Plan which includes a One- Year Action Plan and Analysis of
Impediments to Fair Housing to Florida Planning Group.
4) CARNY-2005-AR-8548, Reverend Ettore Rubin, c.s., Our Lady of
Guadalupe Catholic Church, requesting a permit to conduct a carnival
on November 23, 24, 25, 26 and 27,2005, located at 207 South 9th
Street in Immokalee.
CP-2005-07
5) Recommendation that the Collier County Board of Commissioners
terminate Contract 033500 Land Use and Permitting Software
Application with Hansen Information Technologies.
Due to internal technical issues and the inability to meet the
project deadline
B. TRANSPORTATION SERVICES
1) Recommendation to approve an amended funding agreement with the
South Florida Water Management District for an additional amount of
$250,000.00 for design and construction of the Gordon River Water
Quality Park.
For a total cost of $750,000.00
2) Recommendation to approve a Florida Communities Trust (FCT)
grant contract from the State of Florida Department of Community
Affairs for the Gordon River Water Quality Park.
As Detailed in the Executive Summary
3) Recommendation to approve a Resolution authorizing execution of a
Florida Department of Transportation Local Agency Program
Agreement for the conversion of an existing irrigation system from
potable to effluent water source along US 41 North (Tamiami Trial
North) from Pine Ridge Road to Vanderbilt Beach Road. (The grant is
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November 15-16, 2005
for $50,000 for the effluent conversion and for other incidentals.)
Resolution 2005-390
4) Recommendation that the Board of County Commissioners adopt a
Resolution, superseding and replacing Resolution 03-239, to prohibit
trucks in excess of five (5) ton capacity and other commercial
vehicles, except when passing or preparing to turn left, from operating
in the left lane on: Immokalee Road from Airport-Pulling Road to
Collier Boulevard; Golden Gate Boulevard from Collier Boulevard to
Wilson Boulevard; Collier Boulevard from Golden Gate Boulevard to
US 41; and on Immokalee Road from Collier Boulevard to 43rd
Avenue N.E.
Resolution 2005-391
C. PUBLIC UTILITIES
1) Recommendation to Award Bid #05-3885 - SCWRF Lawn and Berm
Maintenance to Ground Zero in the approximate annual amount of
$58,000.
For Berm Maintenance at the South County Water Reclamation
Facility
2) Recommendation to authorize conveyance of an Easement to Florida
Power & Light Company for the installation of underground electric
facilities to serve the Santa Barbara Sewer Force Main Interconnect
Pump Station.
Located on the Vanderbilt Beach Road Extension
3) Recommendation to award Bid No. 05-3892 to D. N. Higgins, Inc. for
the South County Water Reclamation Facility Rehabilitation Piping
and Odor Control Modifications in the amount of $217,900.00;
Project 725341
To further reduce odors and provide plant operational flexibility
and reliability
4) Recommendation to authorize the purchase of sole-source technical
support services related to SCADA programming software for Collier
County Public Utilities Division-wide Site Licenses in the amount of
$31,637.38 for Project 710561 Water SCADA Systems Software &
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November 15-16,2005
Support Renewals, and Project 725411 Wastewater SCADA Systems
Software & Support Renewals.
With Grey Matter Systems
5) Recommendation to Authorize Sole Source Purchase of Replacement
Pumps, Specified Repair Parts and Materials for Approved
Submersible Lift Stations in the estimated annual amount of
$300,000.
With ITT Flygt Corporation
6) Recommendation to accept a reimbursement check in the amount of
$22,920 from Greeley and Hansen for the design of three check valves
at Pump Station 107 and approve a Budget Amendment Project
739452.
For non-conformance of Utility Standards
7) Recommendation to approve the South Florida Water Management
District Local Governmental Agreement No. DG061 166 in the
amount of $1 ,000,000.00 as partial funding for construction of
Hawthorn Wells, Proj ect number 710111 and Proj ect number 710061.
To provide additional raw water sources to meet increased water
demands
8) Recommendation to approve work order CH2-FT-3785-06-01 under
Contract # 05-3785 with CH2M HILL, Inc. in an amount of
$144,600.00 to provide professional engineering services for design of
a reclaimed water transmission main to serve the Northeast Regional
Water Reclamation Facility, Project Number 74311.
To run through the Immokalee Road Corridor
9) Recommendation to approve a change order to work order MP-FT-04-
04 under Contract 00-3119 with Malcolm Pirnie, Inc. in an amount
not to exceed $300,000.00 to provide continuing project management
support services for the Northeast Regional Water Treatment Plant
and Water Reclamation Facility, Project Numbers 70902 and 73156.
To provide water and wastewater treatment facilities to meet
demand in the Northeast region of the County
10) Recommendation to award Contract 05-3896, to Mitchell & Stark
Construction Company Inc., in the amount of $262,300, for the South
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November 15-16,2005
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County Water Reclamation Facility Chemical Storage and Feed
Facility Upgrades, Project 72008.
To improve safety and reliability for the chemical storage
11) Recommendation to approve Work Order UC-122, under Contract 04-
3535 to Kyle Construction Inc., in the amount of$197,49l, and a
budget amendment to incorporate additional funds, in the amount of
$154,936, from Centex Homes for the Immokalee Road Wellfield
Well 1 Relocation, Project 73955.
12) Recommendation to approve Work Order CH2-FT-3785-06-02 under
Contract 05-3785 with CH2M Hill for design services related to the
raw water transmission main on Immokalee Road in the amount of
$ 266,860, for the Northeast Regional Water Treatment Plant,
Wellfield Project 70899.
For expansion of the NERWTP
13) Recommend that the Board of County Commissioners approve the
attached Settlement Agreement and Release among Collier County,
the Collier County Water-Sewer District (CCWSD), and two
landowners: Citygate Development, LLC, and CG II, LLC in the
amount of $500,000.
As Detailed in the Executive Summary
14) Recommendation to approve a South Florida Water Management
District Local Governmental Agreement No. DG061l67 in the
amount of$433,333.00 as partial funding for construction of the 12th
Avenue Tamiami Interconnect Pipeline, Project Number 710061.
To provide an interconnect pipeline to blend brackish and fresh
water to optimize usage of the existing well fields
15) Recommendation to approve a South Florida Water Management
District Local Governmental Agreement No. DG061169 in the
amount of $500,000.00 as partial funding for construction of the
Reclaimed Water ASR, Project Number 74030.
To provide for storage of reclaimed water for usages during dry
periods of the year
16) Recommendation to approve a South Florida Water Management
District Local Governmental Agreement No. DG06l168 in the
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November 15-16, 2005
amount of $720,000.00 as partial funding for construction of the
Reclaimed Water Projects, Project Numbers 74035, 74076, and
72501.
To allow reclaimed water to be transferred between the north and
south service areas, as it is needed
D. PUBLIC SERVICES
Moved to Item #10J - Remained on Consent
1) Recommendation that the Board of County Commissioners approve a
rate increase of $700 per burial for indigent adult burial services
funded by the Human Services Department.
For the new cost of $1,600 per burial
2) Recommendation that the Board of County Commissioners authorize
the use of $82,200 from the Human Services Department to be used as
a part of a local match requirement to obtain State and Federal
funding to continue operation of the Horizons Primary Care Clinic in
Golden Gate City.
This agreement runs through December 31, 2005
3) Recommendation to enter into an agreement with Collier County
Child Advocacy Council to provide supervised visitation services in
Collier County. Services will be reimbursed through a grant awarded
by the United States Department of Justice, Office on Violence
Against Women in the amount of $125,000.
The contract period runs from September 1, 2005 though August
31,2006
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve Phase II of Work Order #SCD-FT-05-
02, issued to Spillis Candela DMJM (Architects), in the amount of
$137,454.00 for the design of the Courthouse Renovations, Floors 1
and 4 Proj ect.
To coordinate the various projects that are being built at the
Main Government Center
Page 17
November 15-16,2005
2) Confirm and consent to the re-assignment of Contract Nos. 00-3131,
and 04-3614, both titled Fixed Term Landscape Architectural Services
from Outside Productions, Inc. to Windham Studio, Inc.
Moved to Item #10J
3) Recommendation that the Board authorize the County Attorneys
Office to draft an ordinance to authorize airport-type searches of
individuals who enter the Administration Building at the Main
Government Complex.
To keep weapons and explosives out of the building
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of September 27, 2005 through October 30, 2005
5) Recommendation to piggyback upon the award for Pharmacy Benefit
Management Services as approved by the District School Board of
Collier County to Express Scripts, Inc.
For pharmacy benefit management services to the Collier County
Health Insurance Plan
6) Recommendation to award RFP#05-3748R, Onsite Primary Care
Health Services to Vocatus Medical Management Services of Naples,
Florida.
To provide onsite health care services to employees enrolled
under the Collier County Group Insurance Plan
F. COUNTY MANAGER
1) Recommendation to authorize the drafting of an Ordinance to recover
costs associated with hazardous material spills and negligently caused
fire emergencies.
Under the Bureau of Emergency Services
2) Recommendation to approve a Certificate of Public Convenience and
Necessity for the Collier County Emergency Medical Services
Department.
3) Approval of Budget Amendment Report.
Page 18
November 15-16, 2005
4) Recommend Approval of supporting Swamp Buggy Fall Classic in
the amount of $10,000 for out of market advertising for event date
change.
Due to Hurricane Wilma the event has been moved to
December 3-4, 2005
5) Recommendation to approve a Resolution approving, as serving a
valid public purpose, the expenditure of County funds for specific
expenditures relating to recognition for individuals who performed
exceptionally before, during and after Hurricane Wilma. ($25,000)
Resolution 2005-392
6) Recommendation to approve an emergency-related Resolution
adopting temporary policy of non-enforcement of permitting
requirements and code violations related to County's use of parcels,
PUD areas and sites for horticultural debris and construction and
demolition debris deposit and processing prior to removal.
Resolution 2005-393
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the 17th
Annual SW Florida Residential Development Snapshot on November
10,2005 at the Naples Elks Lodge; $60.00 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement to
attend a function serving a valid public purpose. To attend the
Leadership Holiday Party on December 6, 2005 at the Hilton Naples
and Towers; $35.00 to be paid from Commissioner Fiala's travel
budget.
Located at 5111 Tamiami Trail North
3) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the American Specialty Contractors of
Page 19
November 15-16, 2005
Florida (A.S.C.F.) Board of Directors Meeting on November 10,2005
and is requesting reimbursement in the amount of $30.00, to be paid
from the travel budget.
To be held at the Kensington Golf and County Club on Pine Ridge
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Collier Citizen of the Year 2005 event
on November 8, 2005 and is requesting reimbursement in the amount
of $30.00, to be paid from his travel budget.
To be held at The Club at The Strand
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Recommendation to approve Agreed Order Awarding Contractor
Expert Fees and Costs in the amount of$I,750.00 for Parcel Nos. 141,
841, and 143 in the lawsuit styled Collier County v. Primera Iglesia
Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA
(Golden Gate Parkway Project 60027).(Fiscal Impact $1,750.00)
As Detailed in the Executive Summary
2) Recommendation to approve Agreed Order A warding Real Estate
Appraiser Expert Fees and Costs in the amount of $l 0,000.00 for
Parcel Nos. 142, 742A, 742B and 942 in the lawsuit styled Collier
County v. Parkway Community Church of God, et al., Case No. 03-
2374-CA (Golden Gate Parkway Project 60027). (Fiscal Impact
$10,000.00)
As Detailed in the Executive Summary
3) Recommendation to approve Agreed Order A warding Real Estate
Appraiser Expert Fees and Costs in the amount of$IO,OOO.OO for
Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v.
Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No.
Page 20
November 15-16, 2005
03-2372-CA (Golden Gate Parkway Project 60027). (Fiscal Impact
$10,000.00)
As Detailed in the Executive Summary
4) 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 $70,000.00 for the Acquisition of Parcel 177 in the
Lawsuit Styled Collier County v. Big Corkscrew Island Fire District,
et al., Case No. 02-2218-CA (Immokalee Road Project No. 60018).
(Fiscal Impact: $48,456.00)
As Detailed in the Executive Summary
5) Recommendation to the Board of County Commissioners and the
Board, Acting as Ex-Officio the Governing Board of the Collier
County Water-Sewer District, to Approve a Settlement With Wright
Construction Corp. Arising out of Disputes Over Payment in
Connection With the North County Regional Water Reclamation
Facility Deep Injection Well Pump Station Bid/Contract No. 03-3442.
As Detailed in the Executive Summary
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1. 2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin2. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. A Resolution amending Resolution Number 05-
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November 15-16, 2005
261 that granted Conditional Use approval for the Florida
Home Model Center Extension to correct a scriveners error
resulting from an incorrect legal description included in the
adopted Resolution for property located in Section 15, Township 49 S,
Range 26 E, Collier County, Florida.
Resolution 2005-394
B. This item has been continued from the October 25. 2005 BCC Meetin2
to the November 1. 2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin2. This item reQuires that all
participants be sworn in and Ex Parte Disclosure be provided by
Commission members. Recommendation to approve Petition
A VPLA T2005-AR815l to disclaim, renounce and vacate the County's and
the Publics interest in a portion of the 7.5 foot wide drainage easement
located along the side of Lot 67, Block F, according to the plat of Flamingo
Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of
Collier County, Florida, located in Section 1, Township 50 South, Range 25
East.
Resolution 2005-395
C. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1.2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin2. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-04-AR-6422, D. Wayne Arnold ofQ. Grady
Minor & Associates, P. A., and George Varnadoe of Cheffy, Passidomo,
Wilson & Johnson, representing The Lutgert Companies, requesting to
rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed-
Use Planned Unit Development (MPUD) to be known as the Mercato
MPUD permitting a maximum of395,000 square feet of retail floor space,
100,000 square feet of office space, and a maximum of 80 hotel units is
permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling
units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a
density of 3.3 units per acre. The property is located on the northeast
quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US-
41) in Section 34, Township 48 South, Range 25 East.
Ordinance 2005-58
D. This item has been continued from the October 25. 2005 BCC Meetin2
to the November 1. 2005 BCC Meetin{! and was further continued to the
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November 15-16, 2005
- ."-.-_._----~,_.-.~-~-_._,~_.,.._---,..__._..~----
November 15.2005 BCC Meetin{!. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. DRIABN-2004-AR-625I Collier Development
Corporation (CDC) represented by George Varnadoe, ofCheffy, Passidomo,
Wilson & Johnson, LLP, requesting abandonment of a Development of
Regional Impact (DR!) for the CDC DRI approved in DR! Development
Order 862, approved on November 10, 1986 because the proposed changes
to the PUD will reduce the Project below the applicable criteria for a DR!.
The property is located south of Thomasson Drive, south and west of U.S.
41, north and west of the Wentworth PUD, and east of the Naples Bay
Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36,
Township 50 South, Range 25 East, and Section 19, Township 50 South,
Range 26 East, Collier County, Florida, consisting of 2,416.08 acres.
Companion to PUDZ-A-2004-AR-6126 - Sabal Bay PUD
(Companion to Item #17E - PUDZ-A-2004-AR-6126)
Resolution 2005-396
E. This item has been continued from the October 25. 2005 BCC Meetin{!
to the November 1. 2005 BCC Meetin{! and was further continued to the
November 15.2005 BCC Meetin2. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members PUDZ-A-2004-AR-6l26 WCI Communities, Inc.,
and CDC Land Investments, Inc., represented by Richard D. Yovanovich,
Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere,
AICP, ofRW A, Inc., requesting a rezone from the Planned Unit
Development (PUD), Agricultural-Special Treatment area (A-ST) and
Agricultural (A) zoning districts to the Mixed Use Planned Unit
Development (MPUD) zoning district, for a Project to be known as the Sabal
Bay PUD. A portion of the site is currently known as the CDC PUD
or Collier DR!. The proposed Project will include a residential component
consisting of a maximum of 1,999 varied housing type units and golf course,
commercial uses, recreation/village center uses, and public facility uses,
preserve areas and rights-of-way. The property is located south of
Thomasson Drive, south and west of U.S. 41, north and west of the
Wentworth PUD, and east of the Naples Bay Intercoastal Waterway.
The property is in Sections 23, 24, 25, 26 and 36, Township 50South,
Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier
County, Florida, consisting of2,416.08 acres. (Companion to agenda item
#17D - DRIABN-2004-AR-6251)
Ordinance 2005-59
Page 23
November 15-16, 2005
....""_._".___~_W~",,·... .."'_._.'"____..~.."._.._"._.___~."_
F. This item has been continued from the October 25. 2005 BCC Meetin!!
to the November 1. 2005 BCC Meetin!! and was further continued to the
November 15.2005 BCC Meetin{!. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDEX-2005-AR-7909 Lodge Abbott and
Associates, LLC, represented by Richard D. Y ovanovich, of Goodlette,
Coleman and Johnson, PA, is requesting a 2-year extension of the
Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is
located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive,
in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier
County, Florida.
Resolution 2005-397
G. An Ordinance of Collier County, Florida, amending Collier County
Ordinance No. 2001-75, as amended, The Public Vehicle for Hire
Ordinance; providing for inclusion into the Code of Laws and Ordinances;
providing for conflict and severability; providing a delayed effective date.
Ordinance 2005-60
H. Resolution of the Board of County Commissioners of Collier County,
Florida, requesting the Redesignation of the Immokalee Enterprise Zone,
providing reasons for Redesignation, and providing an Effective Date.
Resolution 2005-398
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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November 15-16, 2005