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Recap 03/28/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS *'<"0.. '~ .1 '",.. \ ~.=, AGENDA March 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. March 28, 2006 Page 1 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. Associate Pastor David Swicegood, Marco Presbyterian 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. February 28,2006 - BeC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Gregory Tavernier, Water Department Presented B. 30 Year Attendees 1) Nery Anderson, Building Review and Permitting Presented March 28, 2006 Page 2 2) Timothy Billings, eDES Graphics Department Presented 4. PROCLAMATIONS A. Proclamation designating April as being Water eonservation Month. To be accepted by Paul Mattausch, Water Department Director. Adopted - 5/0 B. Proclamation proclaiming April 19, 2006 as Distinguished Public Services Awards Day. To be accepted by Patrick O'eonnor. Adopted - 5/0 C. Proclamation proclaiming March 28, 2006 as Lely High School Mock Trial Team Day. To be accepted by Mr. Rick Bruno, teacher at Lely High School. Adopted - 5/0 D. Proclamation designating March 28, 2006 as The Barron eollier High School Girls Basketball ehampionship Day. To be accepted by eoach Mike Hamburger. Adopted - 5/0 E. Proclamation designating the week of May 5-9, 2006 as Battle ofeoral Sea Week, a 1942 World War II battle. To be accepted by Dr. William Roy. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Renee Finsterwalder, eompensation Analyst, Human Resources Department, as Employee of the Month for March 2006. Presented 6. PUBLIC PETITIONS A. Public Petition request by Sal Soldano to discuss relief of liens and/or payment interest on property received from a eollier County Tax eertificate Sale. Presented Withdrawn March 28, 2006 Page 3 B. Public Petition request by Steve Kirk to discuss proposed affordable housing development "The Reserve at Eden Gardens". C. Public Petition request by Sharon 1. VanSlyke to discuss flooding in Quail Hollow. Motion To be brought back for discussion at a future meeting - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Moved to Item #17D A. SE-2006-AR-9097, Scriveners Error Petition to correct the legal description that replaces and supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3-foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayview Avenue. B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2005-AR-8693; Eberhard Thiermann, represented by Richard D. Yovanovich, of Goodlette, eoleman, & Johnson, P.A., is requesting a variance from the required 10- foot rear setback for a screen enclosure of 3.2 feet in the RSF -3 zoning district. The subject property is located at 117 ehannel Drive, in Section 29, Township, 48, Range 25, eollier eounty, Florida. Resolution 2006-79 - Adopted 3/2 (Commissioner Halas and Commissioner Fiala opposed) 8. ADVERTISED PUBLIC HEARINGS A. This amendment of the Affordable Housing Density Bonus (AHDB) Rating System is continued from the February 28, 2006 public hearing of LDe Amendment 2005 eycle 2. The Board directed that staff provide data to support the requested increase in bonus unit awards across the levels of affordable housing income provided for in section 2.06.03 Table A. Ordinance 2006-14 - Adopted w/changes 5/0 9. BOARD OF COUNTY COMMISSIONERS March 28, 2006 Page 4 A. Appointment of members to the Affordable Housing eommission. Resolution 2006-75: Appointing Laureen Owens and Kenneth Kelly- Adopted with change (Expiration Date: October 1) - 4/1 (Commissioner Halas opposed) B. Appointment of member to the eounty Government Productivity eommittee. Resolution 2006-76: Appointing Robert Bennett - Adopted 5/0 Continued Indefinitely C. Discussion by the Board of eounty eommissioners to direct eounty Attorney staff to draft a resolution to allow a eommissioner to request investigation of eounty business by the elerk of eourts. (eommissioner Henning) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. To review the written and oral reports of the following Advisory Boards and eommittees scheduled for review in 2006 in accordance with Ordinance No. 2001-55: Historical and Archaeological Preservation Board, Lake Trafford Restoration Task Force, Land Acquisition Advisory eommittee and Public Vehicle Advisory Committee. (Michael Sheffield, Assistant to the County Manager) Approved - 5/0 B. Recommendation to approve amendment number four (4) for a Guaranteed Maximum Price (GMP) of$1,716,800 under eontract No. 04-3576, eonstruction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft eonstruction eompany, Inc. for the construction of the Courthouse fourth floor renovations, project number 52004. (Len Price, Administrator, Administrative Services) Approved - 4/1 (Commissioner Henning opposed) C. Recommendation to adopt a superseding resolution authorizing condemnation of fee simple interests for the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non- exclusive road right-of-way, drainage and utility easements, temporary construction easements and temporary driveway restoration easements, which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard from Davis Boulevard to Pine March 28, 2006 Page 5 Ridge Road. (Project No. 62081) (Estimated fiscal impact: $5,693,500) (Norman Feder, Administrator, Transportation Services) Resolution 2006-77 - Adopted 5/0 D. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase 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 extension of Santa Barbara Boulevard from Davis Boulevard to Rattlesnake Hammock Road. (eapital Improvement Element No. 32, Project No. 60091). Estimated fiscal impact: $10,918,000. (Norman Feder, Administrator, Transportation Services) Resolution 2006-78 - Adopted 5/0 E. Report to the Board on a request from the Collier County Housing Development Corporation that the Board of eounty eommissioners of eollier County donate the residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing (Joseph K. Schmitt, Administrator, eommunity Development and Environmental Services Division) Staff to return with options, guidelines, and restrictions - Consensus F. Recommendation to approve four Fringe Benefit Program initiatives for non-bargaining unit employees in order to combat turnover and to improve the recruitment and retention of employees. (Len Price, Administrator, Administrative Services) Approved - 4/1 (Commissioner Henning opposed) G. Recommendation that the Board authorize the advertisement of a public hearing in regard to increasing eollier Area Transit (CAT) bus fares to be scheduled on May 23,2006. (Norman Feder, Administrator, Transportation Services) Approved - 4/1 (Commissioner Halas opposed) H. Recommendation to award Contract 06-3924 to Douglas N. Higgins Inc., in the amount of $4,369,400, for the construction of a Reclaimed Water Aquifer Storage and Recovery System, approve Work Order HDR-FT-3785- 06 under eontract 05-3785 with HDR, Inc. for construction engineering inspection services, in the amount of $167,800, and approve the necessary budget amendment for Project 74030. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 March 28, 2006 Page 6 Moved from Item #16A6 I. Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1199 relating to eable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. Resolution 2006-80 - Adopted 5/0 Moved from Item #16A 7 J. Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1984 relating to eable Television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. Resolution 2006-81 - Adopted 5/0 Moved from Item #16A8 K. Recommendation to adopt a Resolution opposing enactment into law proposed United States (U.S.) Senate Bill 1504 relating to eable Television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way Resolution 2006-82 - Adopted 5/0 Moved from Item #16D1 L. Recommendation to approve the creation of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to create an Individual Care eoordinating eouncil for managing the distribution of these funds. Approved - 5/0 Moved from Item #16F3 M. Recommendation to approve a Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects (eontract #01-3235) not to exceed $78,000 and authorize negotiation ofa Professional Services Work Order with Q. Grady Minor & Associates March 28, 2006 Page 7 (eontract #01-3290) not to exceed $110,000 for a new Emergency Medical Services facility, Project #55160. Approved - 4/1 (Commissioner Henning opposed) Moved from Item #16F4 N. Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6-laning project (Project No. 63051) to eollier eounty Emergency Medical Services to utilize for the construction of EMS Station 72, Project 55150, approve a Budget Amendment in the amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed $130,000 Motion to kill library design in Golden Gate - Approved 4/1 (Commissioner Halas opposed); Item #10N as presented -Approved 4/1 (Commissioner Henning opposed) Moved from Item #16El O. Recommendation to award contract #06-3914, eonstruction Management at Risk Services for the Collier eounty Fleet Facilities, to Wright eonstruction eorp., projects 52009 and 35010, in the amount of $44,070 for pre- construction services, and to approve a professional services work order with eH2MHill for construction inspection and oversight in the amount of $293,380. Approved - 5/0 Moved from Item #16Cl P. Recommendation to award eontract 05-3838R, "Land Development, eonditional Use Rezone, and Permitting Services for the Solid Waste Park" for eollier eounty, with Post, Buckley, Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amount of$569,049. Approved - 4/0 (Commissioner Coyle out) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson - problem with lights in neighborhood 12. COUNTY ATTORNEY'S REPORT A. This item was continued from the January 24~ 2006 BCC Meetin2 and was further continued from the February 14~ 2006 BCC Meetin2 to the March 28. 2006 BCC Meetin2. Recommendation that the Board of eounty March 28, 2006 Page 8 eommissioners adopt a Resolution Superseding Resolution No. 94-136, and providing guidelines for consideration of applicants for appointment to Advisory Boards. Resolution 2006-83 - Adopted 5/0 B. This item to be heard at 10:00 a.m. Recommendation that the Board of County eommissioners approve a mediated settlement providing for the purchase of the remainder property, full compensation for the acquisition of Parcel 178, and attorneys fees in the case styled Collier County v. Teodoro Gimenez, et at., ease No. 04-056l-eA (Vanderbilt Beach Road Project #63051). (Total Fiscal Impact: $1,534,876) Approved - 5/0; Staff to bring recommendations on said property within 60 days 13. OTHER CONSTITUTIONAL OFFICERS Continued Indefinitcly A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2005. A copy of the 2005 eomprehensive Annual Financial Report has been given to each eommissioner. A copy is available for viewing at the elerk of the eircuit eourt's Finance and Accounting Office. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd: Regarding update on 640 acres in Southern Golden Gate Estates will be presented at the April 11 th BCC meeting as a time certain item B. Weigel: Continue to monitor & review Diamond Shores C. BCC: Board to take more aggressive action regarding Diamond Shores Approved - 4/1 (Commissioner Henning opposed) D. Halas: Regarding accomplishments at the March 23, 2006 Legislative Day Consortium in Tallahassee E. Coyle: Legislative Day Consortium in Tallahasse surrounding Growth Management legislation and a meeting with Senator Bennett and also with Secretary of the State's DCA Cohen F. Coletta: Regarding an increase in travel and travel budgets G. Coletta: Productivity Report Workshop; future agenda item regarding oversight of County Manager's office March 28, 2006 Page 9 H. Fiala: Affordable housing and the possibility of rental units over strip malls I. Fiala: Possibility of Crew (Conservation Collier) property sale to the County J. Fiala: Library design in East Naples K. Henning: Stearn's property for a fill pit L. Henning: Trip to Tallahasse in April and a letter by the Chairman supporting no change to boat speed limits ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Six". 2) Recommendation to approve for recording the final plat of "ealdecott", approval of the standard form eonstruction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 3) Recommendation to award RFP #05-3888 Development of a Final Management Plan for the Railhead Scrub Preserve, a Conservation eollier property, and a template for a Final Management Plan that can be applied to all eonservation eollier Preserves, at a cost of $38,821 to URS Corporation Southern. To be used by staff to prepare subsequent management plans 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Banyan Woods. The roadway and drainage improvements will be privately maintained. Resolution 2006-66 w/release of maintenance security March 28, 2006 Page 10 5) eARNY-06-AR-9339, Duane Wheeler, earnival eo-ehairman, Rotary elub of Immokalee, requesting a permit to conduct a carnival on April 3rd through April 6, 2006, in the Immokalee Regional Airport located at 165 Airport Boulevard. Carnival Permit 2006-05 w/waiving of the surety bond Moved to Item #101 6) Recommendation to adopt a Resolution opposing enactment into law proposed Florida House Bill 1199 relating to Cable Television and video programming services, removing all local cable television franchise authority and provisions to grant or renew any cable television franchise certificates. Moved to Item #10J 7) Recommendation to adopt a Resolution opposing enactment into law proposed Florida Senate Bill 1984 relating to Cable Television and video programming services, prohibiting the requiring of in-kind contributions from cable television franchises, to include supporting the use or construction of public, educational or government (PEG) access facilities. Moved to Item #10K 8) Recommendation to adopt a Resolution opposing enactment into law proposed United States (U.S.) Senate Bill 1504 relating to eable Television and video programming services, preempting all local authority over the provision of cable and video services within the community, including the ability of local governments to provide appropriate oversight to entities conducting such business within its jurisdiction, including local public rights-of-way 9) A request that the eollier eounty Board of eounty Commissioners approve LDe Special eycle 2006 1 a, to amend the Bayshore and Gateway Triangle Mixed Use District (MUD) Overlays with the addition of an administrative deviation process. These overlays were recently adopted to guide redevelopment in the Bayshore/Gateway Community Redevelopment Area. B. TRANSPORTATION SERVICES March 28, 2006 Page 11 1) Recommendation to award Contract #06-3905 "Fixed Term Road Safety Audit Services" to three firms at an estimated cost of$180,000 annually. Kittelson & Associates, Inc.; Vanesse Hangen Brustin, Inc. and TBE Group, Inc. 2) Recommendation to accept a quitclaim deed for Livingston Road and Radio Road rights-of-way. No fiscal impact. 3) Recommendation for the Board of County eommissioners to approve a budget amendment to recognize revenue received for the eollier eounty Transportation Disadvantaged Program in the amount of $26,804.73. 4) Recommendation to approve ehange Order No.2 to Professional Services Agreement No. 04-3587 in the amount of$398,7l3 for additional engineering services with American Consulting Engineers of Florida, LLe for design additions and modifications to the eounty Barn Road expansion project from Rattlesnake Hammock Road to Davis Blvd., Project No. 60101. Additional services were required to design the relocation of utility lines as an older design proved to be unusable 5) Recommendation to approve the Department of the Army eorps of Engineers permit for the Haldeman ereek Dredging Project. Maintenance dredging is required to deepen and provide acceptable navigable depths in the channel while restoring flows in the creek C. PUBLIC UTILITIES Moved to Item #10P 1) Recommendation to award eontract 05-3838R, "Land Development, eonditional Use Rezone, and Permitting Services for the Solid Waste Park" for eollier eounty, with Post, Buckley, Schuh & Jernigan, Inc., for the site of the Solid Waste Park, Project 59007, in the amount of $569,049. 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light eompany (FPL) for the installation of underground March 28,2006 Page 12 electric facilities to provide electric service to the South eounty Regional Water Treatment Plant 12-MGD Reverse Osmosis Expansion (SeRWTP 12-MGD RO Expansion), at a cost not to exceed $27.00, Project Number 700971. To improve service reliability 3) Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $68.50 to record the Satisfactions of Lien. 4) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the county has received payment and said Lien is satisfied in full for the 1991 Solid Waste eollection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record Satisfaction of Lien. Resolution 2006-67 5) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the eounty has received payment and said Liens are satisfied in full for the 1992 Solid Waste eollection and Disposal Services Special Assessments. Fiscal impact is $60.00 to record the Satisfactions of Lien. Resolution 2006-68 6) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the eounty has received payment and said Liens are satisfied in full for the 1993 Solid Waste eollection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. Resolution 2006-69 7) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the eounty has received payment and said Liens are satisfied in full for the 1994 Solid Waste eollection and Disposal Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions of Lien. Resolution 2006-70 8) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the eounty has March 28, 2006 Page 13 received payment and said Liens are satisfied in full for the 1995 Solid Waste eollection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. Resolution 2006-71 9) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the eounty has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $100.00 to record the Satisfactions of Lien. Resolution 2006-72 10) Recommendation to award construction Work Order UC-195 under fixed term Underground Utilities eontract 04-3535 to Mitchell and Stark, Inc. in the amount of $110,000 for the removal of the emergency storage bleach facility, and to award Work Order eHM- FT-329l-06-02 under Fixed Term Engineering Services eontract 01- 3291 to eH2M HILL, Inc. in an amount of $46,900 for Time and Materials to provide eonstruction Engineering Inspection services to serve the North eounty Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendments in the amount of $156,900, Project Number 73966. To remove the temporary facility installed post Hurricane Wilma 11) Recommendation to authorize the purchase of sole-source equipment, for specific rehabilitation projects in the amount not to exceed of $281,000 for the North County Water Reclamation Facility Rehabilitation, Project 725321. To maintain critical equipment to sustain continuous operation at the North County Water Reclamation Facility by replacing 3 bar screens that have deteriorated and in need of urgent replacement 12) Recommendation to award Work Order CAE-FT-3785-06-02 with earollo Engineers, p.e. for professional engineering services for High Pressure Reverse Osmosis Demonstration Scale Testing at the North eounty Regional Water Treatment Plant (NeRWTP) in the amount of $264,900, Project Number 70094. To provide further improved system reliability at the NCRWTP March 28, 2006 Page 14 13) Recommendation to award Work Order CDM-FT-3785-06-07 with eamp, Dresser, and McKee, Inc., for professional engineering services for the proposal and writing services of up to 24 grant application submittals to the South Florida Water Management District (SFWMD) and Big eypress Basin (BeB) for the Lower West eoast Water Supply Plan (L WeWSp) in relation to the Alternative Water Supply (A WS) Funding, and approve the necessary Budget Amendments in the amount of$99,955 for Project Number 75009. As Detailed in the Executive Summary D. PUBLIC SERVICES Moved to Item #10L 1) Recommendation to approve the creation of a Trust Fund to distribute available funding to citizens affected by future natural disasters and to create an Individual eare eoordinating eouncil for managing the distribution of these funds. 2) Recommendation to accept a grant in the amount of $18,230 and approval of an agreement between eollier County Board of eommissioners, the South Florida Water Management District, for the continuation of the Florida Yards & Neighborhoods program through eollier eounty University Extension. 3) Recommendation that the Board of eounty eommissioners Authorize the Public Services Administrator to Sign the Annual Application for Funding from the United Way Thru the 4H Foundation 4) Recommendation to award Bid #06-3936 for food for the summer meal program for Parks and Recreation to eheney Brothers, Inc. at an estimated cost of $150,000 To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods 5) Recommendation to approve a budget amendment appropriating $35,000 from reserves to fund the initial environmental site assessment and remedial action in response to the fuel spill at eaxambas Park. To comply with State regulations for protection of the environment in response to potentially adverse incidents March 28, 2006 Page 15 6) Recommendation to approve a budget amendment appropriating $200,000 from reserves to fund the installation of a new fuel system at eaxambas Park. To sell fuel to the patrons of Caxambas Park (Project #80043) E. ADMINISTRATIVE SERVICES Moved to Item #100 1) Recommendation to award contract #06-3914, Construction Management at Risk Services for the Collier eounty Fleet Facilities, to Wright eonstruction eorp., projects 52009 and 35010, in the amount of $44,070 for pre-construction services, and to approve a professional services work order with eH2MHill for construction inspection and oversight in the amount of $293,380. 2) Recommendation to award Bid No. 06-3890 for the purchase of irrigation parts to Boynton Pump and Irrigation Supply, Inc. (secondary) and Florida Irrigation Supply (primary). 3) Recommendation to approve a plan to provide temporary residential housing for new eounty hires and/or interns. As Detailed in the Executive Summary 4) Authorize the release of Work Order #PBS-02-52, in the amount of $178,450.00, issued to Wall Systems Inc. of South West Florida, doing business as Professional Building Systems (PBS). This work order is for remodeling the Risk Management clinic and office areas in Building D and is issued under Annual General eontractor eontract RFP # 02-3349. 5) Recommendation to approve a budget amendment to Fund 516, Property and easualty Insurance, in the amount of$12,530,280 to pay the cost of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance and FEMA recoveries in the amount of $12,492,780. F. COUNTY MANAGER March 28, 2006 Page 16 1) Recommendation that the Board of eounty eommissioners award Bid #06-3951 Horticulture Debris Hauling and Disposal to Wherry Truck Lines, Inc., for Pelican Bay debris cleanup. 2) Recommendation to approve a Modification to the Fiscal Year 2006 Emergency Management Preparedness & Assistance Grant accepting $42,018 and approve a Budget Amendment to recognize and appropriate the revenue. As Detailed in the Executive Summary Moved to Item #10M 3) Recommendation to approve a Budget Amendment and authorize negotiation of a Professional Services Work Order with BSSW Architects (eontract #01-3235) not to exceed $78,000 and authorize negotiation of a Professional Services Work Order with Q. Grady Minor & Associates (eontract #01-3290) not to exceed $110,000 for a new Emergency Medical Services facility, Project #55160. Moved to Item #10N 4) Recommendation to reallocate real property purchased under the Vanderbilt Beach Road 6-laning project (Project No. 63051) to eollier County Emergency Medical Services to utilize for the construction of EMS Station 72, Project 55150, approve a Budget Amendment in the amount of $420,000 and authorize negotiation of a Professional Services Work Order with BSSW Architects not to exceed $40,000 and Q. Grady Minor & Associates not to exceed $130,000. 5) Recommendation that the Board of eounty eommissioners award Bid #06-3948 Oakmont Retaining Wall in Pelican Bay to International eontracting, LLe. and to approve a budget amendment in the amount of$134,800.00, project 51104 and to authorize the ehairman to sign the standard contract after review by the eounty Attorney. 6) Recommendation to approve a Budget Amendment to fund the balance of replacement ambulances for the Emergency Medical Services Department in the amount of $171,000. 7) Approve budget amendments. #06-163, #06-174 and #06-175 March 28, 2006 Page 17 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute Site Improvement Grant Agreements between the eollier eounty eommunity Redevelopment Agency and grant applicants within the Bayshore Gateway Triangle eommunity Redevelopment area. To provide an incentive to revitalize the area by providing a matching grant to encourage the private sector to invest in their property H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests approval for reimbursement for prepaying $40.00 to attend and speak at the 3RD Annual Florida Tradeport Briefing and Barbecue sponsored by the Economic Development eouncil of eollier eounty on March 31, 2006, to be paid from his travel budget. Located in Immokalee, Florida @10:00 a.m. 2) Commissioner Coletta requests approval for reimbursement for prepaying to attend a function serving a valid public purpose. eommissioner prepaid to attend the Leadership Collier elass of 2006 Graduation eeremonies on May 10, 2006 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. Located at Naples Beach Hotel and Golf Club, 851 Gulf Shore Blvd. North, Naples, Florida from 6 p.m. - 9 p.m. 3) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend the Marco Island eivil Air Patrol eelebration on April 10th, 2006 at the Marco Island Presbyterian ehurch; $15.00 to be paid from eommissioner Fiala's travel budget. To assemble at 6:00 p.m. 4) Commissioner Halas request for Board approval for payment to attend function serving a valid public purpose to attend Naples Alliance for ehildren Annual Advocacy Dinner on Wednesday, April March 28, 2006 Page 18 5, 2006; $35 to be paid from eommissioner Halas' travel budget. Located at the County Club of Naples, 185 Burning Tree Drive Dinner begins at 6:30 p.m. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous eorrespondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Continued Indefinitely 1) Recommendation that the Board of eounty eommissioners authorize the elerk's Office to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2004-2005 as required by Florida Statute 218.32. A copy of the State of Florida Annual Local Government Financial Report for the Fiscal year 2004- 2005 is available for viewing at the elerk of the eircuit Court's Finance and Accounting Office. 2) Recommendation that the Board of eounty eommissioners authorize the transfer of funds collected under Ordinance 04-42 to the elerk of eourts to fund the second year of the eollier eounty Juvenile Assessment eenter Agreement with the David Lawrence eenter. K. COUNTY ATTORNEY 1) Recommendation to approve a Stipulated Final Judgment for Parcels l66A and l66B in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5l66-eA (Immokalee Road Project No. 60018). (Fiscal Impact $94,153.50) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et ai., Case No. 02-l702-eA (Goodlette-Frank Road Project 60134). (Fiscal Impact $210,980.43) 3) Recommendation that the Board of eounty Commissioners Authorize the eounty Attorney's Office to Make a Business Damage Offer to March 28, 2006 Page 19 Settle a elaim for Business Damages by Golden Gate Nursery, Inc. resulting from the Acquisition of Parcel 140 in the ease Styled Collier County v. Rosa A. Hernandez, et al., ease No. 05-l033-CA (eR 951, eollier Boulevard, Project #65061) (Fiscal Impact, if accepted is $162,500) 4) Recommendation that the Board of eollier County eommissioners approves a Release and Satisfaction of Lien for 2642 44th Terrace SW, Naples, for any claim of lien arising out of eo de Enforcement Board ease No. 2006-04. 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT2005-AR889l to disclaim, renounce and vacate the eounty's and the Publics interest in a Portion of Tract R and a portion of a 10 foot utility easement according to the plat of "Creekside eommerce Park - Unit Two" as recorded at Plat Book 35, Pages 43 through 44, Public Records of eollier eounty, Florida. Resolution 2006-73 B. An Ordinance of eollier eounty, Florida, amending eollier County Ordinance No. 2001-75, as amended, The Public Vehicle for Hire Ordinance, by amending Subsection 142-52(6) to grandfather two (2) Vehicle For Hire businesses currently certificated by the Public Vehicle For Hire Advisory Committee that had taxi, cab or taxicab in its trade name as of December 11, 2002 but do not provide mileage metered service; also March 28, 2006 Page 20 amending Subsection 142-54 (A) (10) to delete the now outdated requirement to provide a notarized copy of proof of advertising for a fictitious name. Ordinance 2006-12 C. Recommendation that the Board of eounty eommissioners consent to the request of the Board of Supervisors of the Wentworth Community Development District and adopt an ordinance amending Ordinance No. 2004-37 in order to correct an error in the metes and bounds legal description of the Wentworth eommunity Development District. Ordinance 2006-13 Moved from Item #7 A D. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SE-2006-AR-9097, Scriveners Error Petition to correct the legal description that replaces and supersedes Resolution No. 2005-432, which granted an after-the-fact variance for a 5.3-foot encroachment into the required ten (10) foot rear yard (accessory) setback, on a waterfront lot at 175 Bayview Avenue. Resolution 2006-74 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. March 28, 2006 Page 21