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Recap 02/28/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS It"", , -~', \. '-'-"~'-- AGENDA February 28, 2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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. Page 1 February 28, 2006 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 IMPAIRED 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. Senior Minister Debra C. Williams, Unity of Naples 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. January 25,2006 - BCC/AUIR Special Meeting Approved as presented - 5/0 C. January 30, 2006 - BCC/TDC Workshop Approved as presented - 5/0 D. February 6, 2006 - BCC/Strategic Planning Workshop Approved as presented - 5/0 E. February 6, 2006 - BCC/ AUIR Special Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees Page 2 February 28, 2006 1) James Hatcher, Environmental Services Presented 2) Frank Terilla, Wastewater Presented 4. PROCLAMATIONS A. Proclamation designating March 2006 as National Purchasing Month. To be accepted by Steve Carnell, Purchasing! General Services Director, Collier County Purchasing Department. Adopted - 5/0 B. Proclamation designating March 2006 as South Florida Birding Trail Month. To be accepted by representatives oflocal and state park and land management agencies. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Barry Erickson, Senior Operator, Public Utilities Division, as Employee of the Month for February 2006. Presented B. A status update by Julie Koester, President, and Joe Cox, Executive Director of the Children's Museum of Naples. Presented C. Presentation of a Florida Communities Trust grant award for the Goodland Harbor Park project. To be presented by Representative 1. Dudley Goodlette. Presented 6. PUBLIC PETITIONS A. Public Petition request by Robert Bender to discuss sound control issues at the North Collier Regional Water Treatment Plant. Commissioner Coletta to meet with staff regarding this issue Page 3 February 28, 2006 Withdrawn B. Public Petition request by Mayor Sammy Hamilton to discuss donation of surplus property. C. Public Petition request by Jose Varela to discuss the 640 acres agreement between Collier County Government and the SFWMD. To be brought back for discussion at the March 28, 2006 BCC Meeting _ Consensus Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item was continued from the Februarv 14, 2006 BCC Meetinl!:. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition CU-2004-AR- 5439, Darryl 1. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a Conditional Use of the "E" Estates district for earth mining per Table 2, Section 2.04.03 of the Land Development Code (LDC). The property is located between 54th Avenue N.E. and 56th A venue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier County, Florida. (Companion Item: V A-2004-AR-5438, which was heard at the BCC Meeting held on February 14,2006) Motion failed due to lack of majority - 2/3 (Commissioner Halas, Commissioner Coyle, and Commissioner Henning opposed): Resolution of Denial 2006-47 to be prepared by the County Attorney's office 8. ADVERTISED PUBLIC HEARINGS A. 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 2005 Cycle 2 for the following purposes. Amendment of Chapter I includes: the addition of abbreviations and definitions included in the Bayshore and Gateway Triangle overlays and the addition ofa definition of "gap" housing. Amendment of Chapter 2 includes: the amendment of the Bayshore Mixed Use District (MUD) overlay; the addition of the Gateway Triangle MUD Overlay; the addition of the Golden Gate Downtown Center Commercial Overlay (GGDCCO) District; deletions and additions to the Table of Page 4 February 28, 2006 Permissible Land uses in Each Zoning District for the Golden Gate overlay; amendment of the Goodland Zoning overlay to change clam nurseries from a conditional use to a permitted use; and amendment of the Affordable Housing Density Bonus (AHDB) Rating System. Amendment of Chapter 4 includes: amendment of the site design standards for development in the BMUD overlay subdistricts and the addition of site design standards for development in the Gateway Triangle Mixed Use District overlay and GGDCCO overlay. Amendment of Chapter 10 includes: the addition of a Mixed Use Project (MUP) approval process with decision making criteria and public notification requirements for a petition for a MUP approval from the Board of County Commissioners. Ordinance 2006-08: Adopted w/stipulations 5/0; Motion to continue the affordable housing density bonus rating table (section 2.06.03) to the March 28th BCC Meeting - Approved 5/0 B. This item was continued from the January 24, 2006 BCC Meetinl!:. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-8382: Cleveland Clinic Florida, represented by Jeffrey Nunner, P.E., ofNunner Group LLC, is requesting the second 2-year extension of the Astron Plaza PUD in accordance with LDC Section 1O.02.13.D.5 (a). The subject property, consisting of 8.56 acres, is located on the south side of Pine Ridge Road and the north side of loth Avenue S.W. in Section 17, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2006-48 : Adopted 4/1 (Commissioner Fiala opposed) C. This item reQuires that all participants be sworn and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4991, Robert Mulhere, ofRW A, Inc., representing Woodfield Builders, LLC, requesting a rezone from "A" Rural Agricultural to "RPUD" Residential Planned Unit Development to be known as Rockedge RPUD, subject to the approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of III units at 7.5 bonus density units per acre) in the development of this project for low-income residents. The 76.46 acres subject property is located on the east side of Collier Blvd. (CR 951) approximately 6 tenths of a mile south of intersection with Rattlesnake-Hammock Road, in Section 23, Township 50, Range 26 East, Collier County, Florida. This item requires that all participants be swom in and ex parte disclosure be provided by Commission members. Page 5 February 28, 2006 Motion to continue to June 6th, 2006 BCC meeting - Approved 5/0 D. This item was continued from the February 14,2006 Board of County Commissioners Meetinl!:. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven 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 Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. Ordinance 2006-09: Adopted 5/0 E. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Five 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 Collier County 2005 Fire/Rescue Services Impact Fee Update Study, establishing a methodology for the annual indexing adjustment to the Fire Impact Fee Rates, and providing for a delayed effective date of May 15,2006. Ordinance 2006-10: Adopted 5/0 F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA-2005-AR-8113: Michel Saadeh, of Vineyards Development Corporation, as owner and agent, is requesting an extension of the DR! Development Order build-out date from May 7, 2005 to May 6, 20 I 0 to allow completion of ongoing and planned construction planned for the Vineyards of Naples DR!. The subject property, consisting of I ,930 acres, is located along 1-75 bounded by Pine Ridge Road to the south, Vanderbilt Beach Road to the North, Airport- Pulling Road to the west and Logan Blvd. to the east, within Sections 5 & 8, Township 49 South, Range 26 East, also portion of Section 6, Township 49 South, Range 26 East and portion of Section I, Township 49 South, Range 25 East, Collier County, Florida. Resolution 2006-49/Development Order 2006-01: Adopted 5/0 Page 6 February 28, 2006 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore Beautification MSTU Advisory Committee. Resolution 2006-45: Re-appointing Thomas E. Finn - Adopted 5/0 B. Appointment of member to the Ochopee Fire Control District Advisory Board. Resolution 2006-46: Appointing Joseph L. Dillon - Adopted 5/0 Withdrawn C. Request to reconsider Petition Sandalwood RPUDZ-2004-AR-6932. (Commissioner Halas request) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11 :00 a.m. Recommendation to approve an Agreement for Sale and Purchase with Collier Development Corporation, now known as CDC Land Investments, Inc., for 47.93 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $2, I 06,400. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Approved - 5/0 B. Recommendation to approve an alternative road impact fee calculation and resulting rate of $8,854 per 1,000 square feet for the proposed Naples Motorsports automobile dealership. (Norman Feder, Administrator, Transportation Services) Approved - 5/0; Staff to work on calculation for accessing impact fees regarding vehicles for sale - Consensus C. Recommendation to award bid #06-3920 - annual contract for "Annual Road Micro-Surfacing Contract" for the approximate annual amount of $1, I 00,000. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 D. Follow-on report to the Board of County Commissioners regarding existing codes oflaws and ordinances throughout the State of Florida regarding the enforcement efforts of the Contractor Licensing Office and the Code Enforcement Department pertaining to the regulation of contractors found in Page 7 February 28, 2006 violation of applicable laws and ordinances. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Motion to accept staff's recommendation to change the LDC - Approved 5/0 E. Recommendation for the Board of County Commissioners to approve budget amendments to re-allocate unspent landscape maintenance funds in the amount of $1 ,462,422 to CAT bus shelters, Pelican Bay Resurfacing, Limerock Conversion and other Landscape Projects. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Moved from Item #16B7 F. Approve Selection Committee ranking of firms, and approve attached Contract for RFP #06-3919, "Professional Surveying and Related Services" for Randall Blvd. (Immokalee Rd. to Desoto Blvd.), County Project #60065 in the amount of$589,955.87. Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. James Cusick - Rivera Golf Course zoning issues B. David Jackson - Request that BCC have a special session for LDC Amendments for the Bayshore/Gateway overlay - staff to prepare Executive Summary regarding issue - consensus 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd: Joint workshop with city of Naples. B. Weigel: Affordable housing fees or donations to establish an affordable housing mitigation fee, to establish a uniform application C. Coyle: Proposed an award or proclamation to the Barron Collier High School Girls' Basketball Team for winning State. D. Fiala: Update on Diamond Shores Page 8 February 28, 2006 E. Henning: Expressed concern with number of land-use petitions and the budget hearings in June; recognized Norm Feder on the vast number of road project improvements in Collier County. F. Halas: Trip to Washington, D.C. to work with lobbyists ----------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve an Agreement for Sale and Purchase with Jack Alexander Snay for 4.24 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $165,650. Located within Unit 53, Golden Gate Estates (Red Maple Swamp Preserve) 2) Recommendation to approve an Agreement for Sale and Purchase with Sunshine Trusts, LLC. for 4.04 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $161,650. Located within Unit 53, Golden Gate Estates (Red Maple Swamp Preserve) 3) Recommendation to approve an Agreement for Sale and Purchase with Ana L. Gonzalez and Marta M. Famada for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $71,150. Located within Unit 53, Golden Gate Estates (Red Maple Swamp Preserve) 4) Recommendation to approve for recording the final plat of Golden Gate Estates Unit 48 Tract I Replat. 5) Recommendation to approve for recording the final plat of Arrowhead Reserve at Lake Trafford Block B, approval of the standard form Page 9 February 28, 2006 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 Reflection Lakes at Naples Unit II (Phases II & III), approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 7) CARNY-05-AR-8584, Annie Alvarez, Athletics/Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Country Jam on March 10 through 12,2006, at the Vineyards Community Park located at 6231 Arbor Boulevard. Carnival Permit 2006-02 w/waiving license and surety bond 8) Recommendation to approve final acceptance of water utility facility for Cemetery Mausoleum and Chapel at Palm Royale. W /release of the Utilities Performance Security 9) Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $24,000, from FY06 Fund 186 adopted budget, to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (This is a companion to Item # I 6G I) For a community based crime prevention program in Immokalee Moved to Item #17 A 10) Recommendation to approve Petition A VESMT2005-AR7203 to disclaim, renounce and vacate the County's and the Publics interest in three 30 foot wide Right of Way Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book 1048, Page 1968, Public Records of Collier County, Florida; Companion to final plat approval for Brentwood Two. 11) Recommendation for the Board of County Commissioners to approve for recording the final plat of Brentwood Two," companion to Petition A VESMT2005-AR7203, and authorize acceptance of a conveyance of a portion of this plat, and authorize the Chairman to convey said Page 10 February 28, 2006 portion to FDOT for the loop ramp improvement from Immoka]ee Road onto 1-75. Resolution 2006-42 W/stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve a Budget Amendment recognizing increased grant funding for Collier Area Transit in the amount of $]4],498 from the Federal Transit Administration (FTA) 5307 grant. To be used for fleet expenses, bus shelters, bus wraps, radios and towards the purchase of an additional bus 2) Recommends Board's approval of Adopt-A-Road Agreement (]) for the following: Gabrie] Pena-Weichert Realtors Internet Realty Group. At no cost because of already existing signs 3) Recommendation for the Board of County Commissioners to approve the repayment of impact fees for the US4] from SR 951 to CR92 Project Deve]opment and Environment (PD&E) Study from Gas Taxes in the amount of$8]3,200. Rather than waiting for reimbursement from FDOT in 2008 Withdrawn 4) Recommendation to award Contract #06-3905 Fixed Term Road Safety Audit Services" to three firms at an estimated cost of $] 80,000 annually. Awarded to Kittelson & Associates, Inc., Vanesse Hangen Brustin, Inc. and TBE Group, Inc. 5) Recommendation to authorize staff to approve one (]) Work Order for Wall Systems ofF]orida DBA Professional Bui]ding Systems for construction of three RCP Style Bus Shelters and adjoining amenities (Contract #02-3349 Annua] Contract for Genera] Construction) for a base amount of$83,789.00 and contingency of$4,]89.45 for a total of $87,978.45. For three (3) sites on Radio Road 6) Recommendation to approve converting five (5) Desk Top Computers to five (5) Laptop Computers for the Transportation Engineer Inspectors at a cost of $5,000. Page 11 February 28, 2006 For improved efficiency in the field while monitoring road projects Move to Item #10F 7) Approve Selection Committee ranking of firms, and approve attached Contract for RFP #06-3919, "Professional Surveying and Related Services" for Randall Blvd. (Immokalee Rd. to Desoto Blvd.), County Project #60065 in the amount of$589,955.87. Awarded to AIM Engineering & Surveying and RW A 8) Recommendation to accept two Lake Maintenance and Drainage Easements from Pulte Home Corporation and the Orange Blossom Ranch North and South Master Associations for the purpose of recording the OR Book and Page on the previously Board approved Orange Blossom Ranch North IA and IB plat maps prior to their recordation in the public records. To prevent construction overlays and difficulties in the future C. PUBLIC UTILITIES 1) Recommendation to approve Change Order #2 under contract #02- 3313 (Professional Geographic Information System (GIS) Services for Collier County) to Wilson Miller, Inc., in the amount of$185,827.50 and approve the necessary budget amendment. For updating Utility system data and provide training support for GIS staff 2) Recommendation to award Work Order CDM-FT-3593-06-02 with Camp, Dresser, and McKee, Inc., for professional engineering services for the design of Tamiami Well No. 37 and services during construction for both Tamiami Wells No. 34 and No. 37 in the amount of $483,979, Project Number 70158. To meet the demand in the County and to stay in compliance with regulatory requirements 3) Recommendation to award Work Order CH2-FT-3785-06-01 Contract 05-3785 "Fixed Term Utility Engineering Services" to CH2M HILL, Inc. in an amount Not to Exceed $200,000.00 to provide professional services for design of project management documentation to serve the County Wide Capital Project Delivery Process (CAPDEP), and Page 12 February 28, 2006 approve the necessary Budget Amendments for Project Number 75006. To optimize resources, efficiency and standardize the process for all divisions in Collier County 4) Recommendation to award Work Order HS-FT-3785-06-05 in the amount of$150,000 to Hazen and Sawyer, P.C., and to approve the necessary budget amendments to perform a professional engineering study for a wastewater treatment capacity analysis, a process enhancement and modernization, and a maximization and optimization of the total operation of the North County Water Reclamation Facility (NCWRF), Projects 750081 and 750082. To increase reliability and meet peak sewer demands for Collier County's wastewater customers 5) Recommendation to approve Work Order MP-FT-3785-06-05 to Malcolm Pirnie for the Engineering Services in the Amount of $357,218 for the Design, Modeling, Construction Plans, and Technical Support of probable improvements and upgrading to the existing Master Pump Station, Project 73945, Project 73051. To analyze data, forecast necessary improvements, upgrades and avoid discharge of untreated wastewater 6) Recommendation to approve Budget Amendments for $106,284.43 in Water Impact Fee Capital Projects Fund 411 and $146,504.86 in Water User Rate Capital Projects Fund 412 to reimburse the amount that did not roll forward from fiscal year 2005 to fiscal year 2006. 7) Recommendation to approve the submittal of the attached Water Savings Incentive Program (SIP) grant applications to the South Florida Water Management District (SFWMD) for each project in Public Utilities Engineering Division's (PUED) Construction Water Savings Program. To development and implement water conservation programs 8) Recommendation to award Contract #06-3940 to E.B. Simmonds Electrical, Inc. to construct the Wastewater Collections Lift Station Electrical Upgrades and Telemetry Additions, in the amount of $263,350.00, Project 73922. Page 13 February 28, 2006 To improve the overall Wastewater Collections system reliability 9) Recommendation that the Board of County Commissioners approve a draw of $11 ,000,000 against a previously approved Local Government Pooled Commercial Paper Program Loan Agreement; Designating the Chairman of the Board of County Commissioners to be the authorized signor of the draw agreement. For constructing necessary water capital improvement projects D. PUBLIC SERVICES 1) Recommendation to approve the submittal, and accept the award and execute the agreement for a $6,000 Library Services & Technology grant application to the Florida Department of State, Division of Library and Information Services for an "English Language Learner Short Story Discussion Program;" and to approve the necessary budget amendment. To fund a series of short story discussion programs 2) Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of$350,000 from the United States Department of Justice. As detailed in the Executive Summary 3) Recommendation to adopt a Resolution amending the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Resolution 2006-43 4) Recommendation to approve a budget amendment recognizing a developer contribution of$500,000 toward the Vanderbilt Beach Access #8 project. Located north of the former Vanderbilt Inn property and south of Delnor Wiggins State Park for the construction of a beach access facility 5) Recommendation to approve the Older Americans Acts continuation grant in the amount of$858,4l3 and authorize the Chairman to sign the agreement between Collier County Board of County Page 14 February 28, 2006 Commissioners and the Area Agency on Aging for Southwest Florida, Inc. To provide uninterrupted support services to Services for Senior's frail and elderly clients for the period January 1, 2006 through December 31, 2006 E. ADMINISTRATIVE SERVICES 1) Report and ratify Property, Casualty, Worker's Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 06. For the period October 1,2005 through December 31, 2005 2) Recommendation to approve a Freedom Memorial Park Monument application from the American Foundation for Hungarian Youth and Culture, Inc. To be located near the north pedestrian entrance to the main Government Complex 3) Request from The City of Everglades and the Collier County School District for the Donation of Surplus County Assets Authorized for Sale in the Public Surplus Property Auction Scheduled for March II, 2006. For the donation of five vehicles F. COUNTY MANAGER 1) Recommendation to approve payment for one-half of the installation of an emergency traffic signal for the new EMS Station #22 on Bayshore Drive and to approve a Budget Amendment in the amount of$73,778.25. To allow safe egress for EMS and Fire vehicles 2) Recommendation to authorize the Chairman to sign entry forms for the National Association of Counties (NACO) Achievement Awards. Submitted for the WWII Capture Living History project: the Arts and Historic Preservation category and the county Arts & Culture awards category, and for Happy Tails (the county's pet Page 15 February 28, 2006 adoption TV show) G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $24,000, from FY06 Fund 186 adopted budget, to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (This is a companion to Item 16A9) To prevent, control and reduce violent crime, drug abuse and gang related activity in Immokalee 2) To approve and execute the Site Improvement Grant Agreements between the Community Redevelopment Agency (CRA) and grant applicants within the Bayshore Gateway Triangle Community Redevelopment area. ($40,000) As detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requesting reimbursement for attending a function serving a valid public purpose. Commissioner Henning attended, as an Executive Board Member, the Southwest Florida Regional Stewardship Alliance meeting. $49.00 to be paid from Commissioner Henning's travel account. Held at the Colony Bay Club in Bonita Springs on February 2, 2006 2) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Veteran Services Department Volunteer Luncheon on February 16, 2006 at the Elks Lodge; $15.00 to be paid from Commissioner Halas' travel budget. To meet with volunteers and constituents to thank them for their dedication and service to Collier County veterans 3) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Naples Community Hospital 50th Anniversary Celebration on March Page 16 February 28, 2006 4,2006 at NCH; $30.00 to be paid from Commissioner Halas' travel budget. Held at the Robert L. & Marie K. Telford Building, 350 Seventh Street North, Naples - Events begin at 6:00 p.m. 4) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Marine Corps League of Naples Press Day Luncheon on March 15, 2006 at Elks Lodge; $15.00 to be paid from Commissioner Halas' travel budget. Located at 3950 Radio Road, Naples at 11:00 a.m. 5) Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Attending the Gulf Citrus Country Gala on March 18,2006 at LaBelle Civic Center; $50.00 to be paid from Commissioner Halas' travel budget. Located at 481 State Road 80, LaBelle at 6:00 p.m. 6) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Marjorie Stoneman Douglas Festival's High Tea Buffet while a speaker at its opening ceremonies. He is requesting reimbursement in the amount of $1 0.00 to be paid from his travel budget. Held at the Seafood Depot Restaurant, 102 Collier Avenue, Everglades City at 2:30 p.m. 7) Commissioner Fiala requests Board approval for reimbursement for funds already paid to attend a function serving a valid public purpose. To attend the Marine Corps League of Naples Press Day Luncheon on March 15,2006 at the Elks Club; $15.00 to be paid from Commissioner Fiala's travel budget. Located at 3950 Radio Road, Naples at 11:00 a.m. 8) Appoint a Board of County Commissioners' designee as the Board's representative on the Collier County Public Safety Coordinating Council. Appointing Commissioner Coyle for 2006 and subsequent years Page 17 February 28, 2006 . -----',. -.- -'- ,,_.~--_._...-.._..~.._- 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 an agreed order awarding expert witness fees and costs as to Parcels 135, 735A & 735B in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et at, Case No. 04-3632-CA (Immokalee Road Project #66042). (Fiscal Impact $155,409.35) Direct staff to pay the sum of $155,409.35 to James A. Helinger, Jr., P.A. Escrow Account for proper disbursement 2) Recommendation to approve an agreed order awarding expert witness fees and costs as to Parcels 162 & 762 in the lawsuit styled Collier County v. Beverly J. Gatti, et at, Case No. 03-2551-CA (Golden Gate Parkway Project #60027). (Fiscal Impact $7,500.00) Direct staff to pay the sum of $5,000 to Erickson Appraisals, Inc. and $2,500 to D.M.A. Engineering for proper disbursement 3) Recommendation to approve the stipulated final order as to Home Depot's Interest in Parcel 103 in the lawsuit styled Collier County v. Ocean Boulevard Partnership, et at, Case No. 04-4300-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,800) For Engineering and Attorney's Fees 4) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 106 and 706 in the lawsuit styled Collier County v. Louis E. Cerminara, et al., Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $14,500.00) 5) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 107 and 707 in the lawsuit styled Collier County v. Louis E. Cerminara, et at, Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Page 18 February 28, 2006 Impact: $13,700.00) 6) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 108 and 708 in the lawsuit styled Collier County v. Louis E. Cerminara, et at., Case No. 05-0620-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $12,500.00) 7) Recommendation to approve an agreed order awarding expert fees and costs associated with the taking of parcels 109 and 709 in the lawsuit styled Collier County v. Susan C. Hallock, et at., Case No. 05- 0646-CA (Collier Boulevard (CR 951) Project #65061). (Fiscal Impact: $12,500.00) 8) Recommendation to accept an offer of judgment and approve a stipulated final judgment for parcel No. 146 in the lawsuit styled Collier County v. Ziad Shahla, et at., Case No. 04-600-CA (VanderbiJt Beach Road Project #63051). (Fiscal Impact $8,539.00) As detailed in the Executive Summary 9) Recommendation to approve a stipulated order taxing expert witness fees and costs as to Parcel 177 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et at., Case No. 02-22l8-CA (Immokalee Road Project #60018). (Fiscal Impact $11,500.00) Direct staff to pay the sum of $11 ,500 to the Roetzel and Andress Trust Account c/o Kenneth A. Jones, Esq. for proper disbursement 10) Recommendation that the Board of County Commissioners approve a settlement agreement and release with J. C. Drainfield Repair, Inc. arising out of violations of Ordinance No. 2003-18, the Industrial Pretreatment Ordinance. 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 Page 19 February 28, 2006 . _.~.-._----,"--_.,_.,._----.._---- 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 from Item #16AI0 A. This item reQuires that all participants be sworn and ex parte disclosure be provided by Commission members. A VESMT2005-AR720 to disclaim, renounce and vacate the County's and the Publics interest in three 30 foot wide Right of Way Reservations as recorded in O.R. Book 313, Page 41, O.R. Book 342, Page 192 and O.R. Book 1048, Page 1968, Public Records of Collier County, Florida; Companion to final plat approval for Brentwood Two. Resolution 2006-44 W/stipulations 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 20 February 28, 2006