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Recap 07/25/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tj' '~ / 'w. ' . -~= AGENDA July 25,2006 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. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. 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, Page 1 July 25, 2006 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. 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. Pastor Josh Perez, New Hope Ministries 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted w/changes (minus Item #17H) - 5/0; Motion taken to approve Item #17H - 4/0 (Commissioner Henning abstaining) B. May 31, 2006 - BCC/District 5 Townhall Meeting Approved as presented - 5/0 C. June 6-7, 2006 - BCC/Regular Meeting Approved as presented - 5/0 D. June 9, 2006 - BCC/Post-Legislative Workshop Approved as presented - 5/0 Page 2 July 25, 2006 E. June 13,2006 - BCC/PUD Monitoring Workshop Approved as presented - 5/0 F. June 13,2006 - BCC/Productivity Committee Workshop Approved as presented - 5/0 G. June 20-21, 2006 - BCC/Regular Meeting Approved as presented - 5/0 H. June 22, 2006 - BCC/Budget Hearing Approved as presented - 5/0 I. June 23, 2006 - BCC/Budget Hearing Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Leo E. Ochs, Jr., Deputy County Manager 2) Jon Flomerfelt, Wastewater Lab 3) Marc Stephenson, Water 4) Bobby Paul, Wastewater Collections 5) Jesse Komomy, Water Distribution Presented; Vicki Wilson was mentioned but not present B. 25 Year Attendees 1) Daniel O'Brien, Transportation Road Maintenance 2) Daryl Hughes, Transportation Engineering Services 3) Millie Kelley, Wastewater Lab Presented 4. PROCLAMATIONS 5. PRESENTATIONS A. The Collier County Emergency Medical Services Department has adopted the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. The "Phoenix" is Page 3 July 25, 2006 a mythological bird that died and rose renewed from its ashes. Presented B. Presentation from Senator Burt Saunders to Mr. Larry Rice for Governor's Points of Light Program. Presented C. To Recognize Mike Ossorio, Contract Licensing Officer, Building Review and Permitting Division, as Employee of the Month for July 2006. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. & Mrs. Charles O'Conner to discuss permitting of pool enclosure destroyed by Hurricane Wilma. Board recommendation that the petitioner proceed with the variance petition process B. Public Petition request by James Marshall to discuss lien on property at 820 20th Avenue NW imposed by the CEB. Discussed Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item to be heard followinl!: Item 8A. This item was continued from the June 20, 2006 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. ADA-20065-AR-9553, Rookery Bay Business Park, LLC, represented by Roetzel and Andress, requesting an Administrative Appeal in regards to PUDEX-2005-AR-8478 for ASGM Business Park PUD. Appealing the decision of the Zoning Director (Administrative Official) on tolling of time for PUD sunset review under Section 250-58 of the Collier County Code of Ordinances and Chapter 67-1246, Section 16 of the Laws of Florida (the special act) appealing the March 8, 2006 determination. Petitioner request to withdraw petition; Motion to Withdraw - Approved 5/0 Page 4 July 25, 2006 B. This Item continued to the September 12,2006 BCC Meetin2:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-8046, Oliva Mulching and Recycling Facility; Jaime and Demarys Oliva, represented by Coastal Engineering Consultants, Inc., requesting a conditional use for a horticulture recycling and mulching facility in the "A-MHO" Agricultural with Mobile Home Overlay zoning district pursuant to LDC Section 2.03.08.A.3.a(3)(g) which allows facilities for the collection, transfer, processing, and reduction of solid waste in the Rural Fringe Mixed-Use District, Neutral Lands area, consistent with the Future Land Use Element of the Growth Management Plan. The subject property, consisting of 10.04 acres, is located three- quarters of a mile east of Immokalee Road (CR 846) at 1340 Wild Turkey Drive, in Section 26, Township 47 South, Range 27 East, Collier County, Florida. Motion to Continue to September 12, 2006 BCC Meeting - Approved 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard before Item 7 A. This petition was continued from Februarv 14, 2006 and was further continued to June 20, 2006 and has been further continued to the Julv 25, 2006 BCC Meetin2:. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2005-AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress, requesting a two-year extension to the ASGM Business Center of Naples PUD from October 8, 2005 to October 8, 2007. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard (CR 951), approximately one-quarter of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. Resolution 2006-199 - Adopted 4/1 (Commissioner Halas opposed) B. This item to be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Nine of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee study entitled Collier County General Government Building Impact Fee Update Study dated May 8, 2006, amending the General Government Building Impact Fee Page 5 July 25, 2006 Rate Schedule to reflect the amended rates set forth in the impact fee study, providing for incorporation of requirements of the Florida Impact Fee Act, specifying that only citizens of the United States or legal aliens who are permanent residents of the United States can qualify for Impact Fee Deferrals, increasing the number of impact fee deferrals permitted at any single time for an individual developer and/or developments that are under common ownership and providing for a delayed implementation date for the change in the General Government Building Impact Fee rates of November 1, 2006. Ordinance 2006-40 - Adopted w/stipulations 5/0 C. This item was continued from the June 20, 2006 BCC meetinl!: and is further recommended to be continued to the September 12, 2006 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-8833, Collier Publishing Company, Inc. d/b/a Naples Daily News, represented by D. Wayne, Arnold, AICP, ofQ. Grady Minor & Associates, P.A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P .A., requesting a Business Park Planned Unit Development (BPUD) rezone from Rural Agricultural (A) and Creekside Commerce Park PUD for project known as Naples Daily News Business Park Planned Unit Development (BPPUD). The subject property is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This is being submitted simultaneously with the Creekside Commerce Park PUD as a Fast Track). (Petitioner's request.) Motion to Continue to the September 12,2006 BCC Meeting- Approved 5/0 D. This item was continued from the June 20, 2006 BCC meetinl!: and is further recommended to be continued to the September 12, 2006 BCC meetinl!:. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2005-AR-8832, Creekside West, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P .A., and R. Bruce Anderson, Esquire, of Roetzel & Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce Park PUD. This amendment proposes to reduce the area of the Creekside PUD by approximately 2.32 acres and rezone the area from Creekside Commerce Park PUD to Naples Daily News Business Park PUD. The subject property, consisting of 105 acres is located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. (This application is being submitted simultaneously with the Naples Daily News Business Park PUD Page 6 July 25, 2006 and will be considered a Fast-Track). (Petitioner's request.) Motion to Continue to September 12, 2006 BCC Meeting - Approved 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Habitat Conservation Plan Ad Hoc Advisory Committee. Resolution 2006-189 Appointing Michael Seef - Adopted 5/0 B. Appointment of member to the Parks and Recreation Advisory Board. Resolution 2006-190 Appointing Beth Barth - Adopted 5/0 C. Appointment of member to the lmmokalee Master Plan and Visioning Committee. Resolution 2006-191 Appointing William R. O'Neill- Adopted 5/0 D. Recommendation to declare a vacancy on the Development Services Advisory Committee. Resolution 2006-192 Adopted - 5/0 E. Appointment of member to the Collier County Housing Finance Authority. Resolution 2006-193 Appointing Michael J. Carr, Sr. - Adopted 5/0 F. Appointment of members to the Emergency Medical Services Advisory Council. Resolution 2006-194 Appointing Nancy C. Lascheid and Dr. Christopher Hamann (representing the Physicians Regional Medical Center) - Adopted 5/0 G. Appointment of members to the lmmokalee Enterprise Zone Development Agency. Resolution 2006-195 Appointing Richard Rice (Immokalee Chamber) and Denise Lujan Blanton (Local Business in Zone) - Adopted 5/0 10. COUNTY MANAGER'S REPORT A. This item continued from the June 20-21.2006 BCC Meetin2. Recommendation to approve an Agreement for Sale and Purchase with Marie C. Brochu, for 9.26 acres under the Conservation Collier Land Page 7 July 25, 2006 Acquisition Program, and a Utility Easement for the Collier County Water- Sewer District, at a cost not to exceed $467,500. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Approved w/changes - 4/1 (Commissioner Henning opposed) B. Recommendation to adopt a resolution ordering and providing for holding a ballot referendum election to determine if the freehold electors of the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit of Collier County, Florida approve the issuance of $6,250,000.00 in bonds in order to finance the provision and maintenance of improved roadway lighting, roadway-related drainage and roadway restoration within the Forest Lakes Roadway and Drainage Municipal Service Taxing Unit, and purposes incidental thereto, payable from ad valorem taxes levied on all taxable property within the Municipal Taxing Unit not exceeding four (4) mills. (Norman Feder, Administrator, Transportation Services.) To be tabled until later in the meeting - Consensus; Resolution 2006-201 - Adopted - 5/0 C. This item was continued from the June 20, 2006 BCC meetinl!:. Recommendation to approve the official naming of the Naples Sanitary Landfill to the Collier County Landfill located at 3901 White Lake Blvd Naples, Florida. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 D. This item was continued from the June 20,2006 BCC meetinl!: and is further continued to the September 12. 2006 BCC meetinl!:. Recommendation to consider a request from Lehill Partners, LLC specifically asking to overturn a staff denial of a request to change the County recorded name and address of the Registry Resort to the Naples Grande Resort and Club. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) E. Recommendation to q.ward Bid #06-3982 for Surfacing & Maintenance of Limerock Roads in Collier County to 1) Primary, Florida Highway Products, Inc. 2) Secondary, E. J. Breneman 3) Tertiary, NR Contractors for a minimum annual amount of $1,700,000 and a maximum amount of $10,000,000. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coletta absent) Page 8 July 25, 2006 F. Recommendation to approve an alternative road impact fee calculation and resulting rate of $3,850 per 1,000 square feet for the proposed City Furniture/Ashley Furniture store, and to provide staff direction to contract for consultant services for additional studies to obtain sufficient trip characteristic data to facilitate adding a Furniture Store category to the road impact fee rate schedule. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 G. Recommendation to adopt the Proposed FY 2007 Millage Rates. (Michael Smykowski, Director, Office of Management and Budget) Resolution 2006-196 Adopted - 5/0 H. This Item to be heard at 11:45 a.m. Recommendation to approve a financial commitment of$775,000 in the first year and $625,000 in the second year to the Southwest Florida Expressway Authority to cover an operating budget that will be repaid to the County with future surplus toll revenues. (Norman Feder, Administrator, Transportation Services) Approved w/stipulations - 4/1 (Commissioner Fiala opposed) I. Recommendation to approve an agreement for the purchase of right-of-way required for the six-laning of Collier Boulevard from US-41 to the Golden Gate Main Canal (Capital Element No. 33, Project 60001). Estimated Fiscal Impact: $1,285,087.61. (Norman Feder, Administrator, Transportation Services. ) Approved - 5/0 J. Recommendation to award a construction contract to Better Roads, Inc., in the amount of $40,556,620.32 for Collier Boulevard Six-Lane Improvements, Golden Gate Boulevard to Immokalee Road, Bid No. 05- 3881R; Project No. 65061, CIE No. 37. (Norman Feder, Administrator, Transportation Services.) Approved - 5/0 K. This item to be heard immediately followinl!: Item 14A. Recommendation to approve a Resolution authorizing the Collier County Community Redevelopment Agency (CRA) to enter into a $7,000,000 Line of Credit Agreement with Wachovia Bank; approving the actions taken by the CRA with respect to its approval of the Line of Credit Agreement; and authorize all necessary budget amendments (Companion Item to Item 14A.) (David Page 9 July 25, 2006 Jackson, Executive Director, Bayshore/Gateway CRA.) Resolution 2006-198 - Adopted 5/0 L. Recommendation to approve the partial re-bidding of Contract Amendment No.2, Courthouse Annex Building, under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company, Inc. (Kraft) for the construction of the Courthouse Annex floors 1-7, project number 52533. (Len Price, Administrator, Administrative Services.) Approved - 5/0 M. Recommendation to approve a budget amendment to transfer funds from County Wide Bikeway Improvements (Project Number 690811) to Livingston Greenways (Project Number 690817) in the amount of $1,198,987.00 and Lely Mitigation (Project Number 690816) in the amount of$301,013.00. (Norman Feder, Administrator, Transportation Services.) Approved - 5/0 N. Recommendation to: (1) approve unfunded requests (UFRs) in the Public Utilities FY 07 Proposed Budget for ten (10) FTEs, (2) permit recruiting and hiring to begin immediately upon approval, and (3) approve the necessary budget amendments. (Jim DeLony, Administrator, Public Utilities.) Approved - 5/0 o. Recommendation to award Work Order DDC-FT-3887-06-01 in the amount of $2,289,000 to Diversified Drilling Corporation (DDC) under Fixed Annual Term Contract 06-3887 for the South County Regional Water Treatment Plant four new raw water supply Wells 39S-42S, Project 71051. (Jim DeLony, Administrator, Public Utilities.) Approved - 5/0 P. Recommendation to award a construction contract for the South County Regional Water Treatment Plant 20 Million Gallons per Day Well field Expansion to John Reynolds & Sons, Inc. Bid 06-3992, Project Number 708921 for $47,958,450.00. (Jim DeLony, Administrator, Public Utilities.) Approved - 5/0 Q. Recommendation to approve a change in sewer service for the Collier County Government Complex from the City of Naples to the Collier County Sewer District, Project Number 52005. Page 10 July 25, 2006 Motion to work with the city and bring back to the Board at a future date - Approved 5/0 R. Recommendation to approve award of Bid 06-4023 Purchase of Fleet Vehicles to Tamiami Ford, Inc., Naples, Florida to exceed $lM. (Len Price, Administrator, Administrative Services) Approved - 3/0 (Commissioner Fiala and Commissioner Coletta absent) S. Recommendation to implement for fiscal year 2007 pay ranges for non bargaining unit classifications that are 10% above median market data. (Len Price, Administrator, Administrative Services) Approved - 4/0 (Commissioner Fiala absent) T. Recommendation to approve Bid 06-3925 to Subaqueous Services, Inc. in the amount of $1,581 ,400.00, plus fuel escalation for re-nourishment of the South Marco Beach and dredging of Caxambas Pass Project No. 90500 1. (Gary McAlpin, Costal Projects Manager, Tourism) Approved - 5/0 Moved from Item #16B6 U. This Item to be heard at 4:30 p.m. Recommendation to approve Change Order #1 to TBE Group, Inc. having Work Order TBE-FT-05-01 (RFP/Bid #013290) for additional service work tasks and additional days for the Fish Branch Basin Box Culvert Extension Project Site in the amount of $117,781 and approve the Design Professionals Service Task costs involving Immokalee Water and Sewer Districts existing facilities with consideration of a future reimbursement to Collier County. Approved - 5/0 Moved from Item #16All V. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, directing the County Manager to establish a Floodplain Management Planning Committee. Resolution 2006-200 - Adopted w/Changes - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS - None 12. COUNTY ATTORNEY'S REPORT Page 11 July 25, 2006 A. This item to be heard at 3:30 p.m. This item was continued from the June 20-21, 2006 BCC Meetin2:. Provide a Status Report on F.S. Chapter 164 Proceedings in Reference to the Inverse Condemnation Lawsuit of Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in Case No. 05-0064-CA and the South Florida Water Management Districts obligation to convey 640 acres to the County. Declare Agreement in Default: Approved 4/1 (Commissioner Halas opposed) 13. OTHER CONSTITUTIONAL OFFICERS Added A. To request Board approval of the proposed price of $447,500 for the FY- 2006 Audit per Contract #03-3497, "Auditing Services for Collier County", with KPMG LLP. Approved - 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard A/O 1 :00 p.m. after Item 8R. Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Resolution approving the form ofa $7,000,000 Line of Credit Agreement with Wachovia Bank to purchase real property and finance various capital improvement projects within the Bayshore Gateway Triangle CRA; authorize the CRA Chairman to sign and make draws against the Line of Credit as needed; pledge Bayshore Gateway Triangle CRA Tax Increment Funds (TIF) as the loan repayment source; and authorize all necessary budget amendments (Companion to Item 10K) CRA Resolution 2006-197 Adopted 4/0 (Commissioner Henning absent) B. Recommendation to approve Contractorworx, Inc. right of way improvement contract, after the fact, to prepare three Hallendale Subdivision streets and right of ways for a Bayshore Gateway Triangle CRA funded cold-mix paving project; approve a budget amendment to accept private donations; approve payment from private donations to Contractorworx, Inc. for work completed; and return a pro-rata share of the remaining $10,147.00 in private donations to those who contributed to the project Approved - 5/0 Page 12 July 25, 2006 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mudd - Legislative visits, review of CDES operations, and Sheriff's Dept overseeing Code Enforcement, Copeland/Everglades City sewer problem B. County Attorney - Direction regarding pending litigation C. Halas - Regarding letter to Clerk of Courts asking for information, not received yet, regarding his budget for legal fees and what he is spending - Chairman to write another letter D. Henning - Helicopter tours and using the sheriff's helicopter to keep cost down E. Fiala - Needs a ride to the MPO meeting tomorrow F. Halas - Tour with other commissioner and how impact fees are being used and addressed. Everyone enjoyed the conference and Naples' hospitality 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 w/o #17H - 5/0; Item #17H - 4/0 (Commissioner Henning abstained) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve a Resolution which will supersede and replace Resolution 1998-465 in order to amend the policies and procedures for vacating rights of way and other easements which have been dedicated for public purposes. Resolution 2006-160 2) Recommendation to approve the recording the final plat of Quail West Phase III, Unit 7, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/Stipulations 3) Recommendation to approve the after-the-fact submittal of a United States Fish and Wildlife Service (USFWS) Derelict Vessel Removal Grant in the amount of $31 ,000 Page 13 July 25, 2006 To assist the Ten Thousand Islands National Wildlife Refuge 4) Recommendation to approve a Satisfaction of Lien due to a change in qualified applicants and the subsequent recording of a new impact fee deferral agreement in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. Liens have been reviewed and approved by the County Attorney's Office. 5) Recommendation to approve and authorize its Chairman to re-sign an Interlocal Agreement between the Board of County Commissioners of Collier County, Florida and the City Council of the City of Naples, which Agreement supersedes several separate prior Impact Fee Interlocal Agreements between the parties and provides for (1) the collection of Collier County Impact Fees by the City, (2) the remittance of collected impact fees to the County by the City, and (3) the re-negotiated annual administrative fees to be retained by the City. The ensure that sufficient funds are available for capital improvement projects which are necessitated by growth 6) Recommendation to approve a Satisfaction of Lien, in accordance with the provisions the Summer House Settlement Agreement and Mutual Release, for impact fees that have been paid in full, as stipulated by the agreement. Liens have been reviewed and approved by the County Attorney's Office. 7) Recommendation to approve, and authorize the Chairman to sign, a Resolution accepting three (3) Continuum of Care homeless assistance grant awards from the U.S. Department of Housing and Urban Development (HUD) totaling $622,521; and approve a budget amendment of $622,521 recognizing the approval of these three grant agreements. Resolution 2006-161 8) Recommendation to approve an Interim Management Plan for the Collier Development Corporation property under the Conservation Collier Land Acquisition Program. Staff seeking exotic removal bids Page 14 July 25, 2006 9) Recommendation to approve the application by Anchor Health Centers for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program. AHC will create 40 new jobs, in three phases, by Dec. 21, 2009 10) Recommendation to approve an application to the Florida Boating Improvement Program for the removal of derelict vessels in Collier County. Resolution 2006-162 Moved to Item #10V 11) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, directing the County Manager to establish a Floodplain Management Planning Committee. 12) Recommendation to waive the competitive bid process to award a contract to Mote Marine Laboratory in the amount of $42,630 for gathering manatee and boating activity data. To obtain information for use in possible revisions to the County Manatee Protection Plan (MPP) 13) Recommendation to terminate a contract with the Florida Fish and Wildlife Conservation Commission (FWCC) that allowed Collier County to maintain FWCC waterway signs and approve all necessary Budget Amendments The State will contract out the maintenance with a private contractor which no longer requires services by the County B. TRANSPORTATION SERVICES 1) Recommendation to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of$383,829.20 for Project No(s). 600321, 600501, 690811, and 690822. For the construction of sidewalks/bike paths and bike lanes in areas where planned right-of-way improvements were scheduled that would cause the removal of sidewalk/pathways Page 15 July 25, 2006 2) Recommendation to approve the installation and landscape maintenance agreement between Port of the Islands Community Improvement District and Collier County for beautification on US 41 /SR 90 ; approve and authorize the Chairman to sign a Landscaping Installation and Maintenance Highway Agreement (Agreement) with the Florida Department of Transportation (FDOT) for median and roadside landscape improvements along SR 90; and approve an FDOT -required Resolution evidencing that the Board has approved and authorized the Chairman to sign this Agreement. Resolution 2006-163 3) Recommendation to approve and authorize the Chairman to sign (1) First Amendment to State of Florida Department of Transportation Highway Landscaping Installation and Maintenance Agreement for landscape improvements along Pine Ridge Interchange; and (2) a Resolution evidencing that the Board has approved and authorized the Chairman to sign this Amendment. Resolution 2006-164 4) Recommendation to approve the after-the-fact submittal of a Florida Department of Agriculture and Consumer Services Emergency Hurricane Supplemental Grant in the amount of $50,000. Resolution 2006-165 5) Recommendation to (l) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute an amendment to Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $420,000 of the total estimated cost of $542,600 for the design, construction, engineering and inspection of Sidewalks Various Locations and (2) approve a budget amendment reducing the amount of funds to be reimbursed by FDOT. Resolution 2006-166 Moved to Item #10U 6) Recommendation to approve Change Order # 1 to TBE Group, Inc. having Work Order TBE-FT-05-01 (RFP/Bid #013290) for additional service work tasks and additional days for the Fish Branch Basin Box Culvert Extension Project Site in the amount of$117,781 and approve the Design Professionals Service Task costs involving Immokalee Page 16 July 25, 2006 Water and Sewer Districts existing facilities with consideration of a future reimbursement to Collier County. Additional costs for full time inspection during construction and other miscellaneous services and costs 7) Recommendation to adopt an amended resolution to correct a scriveners error in the legal description for Parcels 122 and 123 in Resolution No. 2006-39 authorizing condemnation of right-of-way for County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $0. Resolution 2006-167 8) Recommendation to approve the budget amendment for RFP #05- 3770, Design-Build for Immokalee Road from 175 to CR 951 Collier Boulevard, County Project No. 66045 for $100,000.00 for STIPEND payments for unsuccessful firms. To offset a portion of the expenses incurred during the proposal process and to allow the county to use any portion of their proposal package during the project 9) Recommendation to approve an Interlocal Agreement with the School Board for payment of $139,511.00 to construct a portion of the Veterans Memorial Boulevard. To construct the first quarter mile of Veterans Memorial Boulevard for access to an elementary school to be built 10) Recommendation to execute a Work Order to TBE Group, Inc., using Contract 01-3290 Agreement for Fixed Term Professional Engineering Services, Work Order #TBE-FT-06-02, for the preparation of a Structures Preliminary Engineering Report and Recommendation Report for the widening of Randall Boulevard, County Project No. 60065, in the amount of $166,936. To provide critical information necessary to the start the right-of- way acquisition process 11) Recommendation to approve a budget amendment of$345,700 to increase the General Fund (001) transfer to Transportation Disadvantaged Fund (427). Page 17 July 25, 2006 For the purchase of two para-transit buses which were ordered in fiscal year 2004-2005 but paid for in fiscal year 2005-2006 12) Recommendation to approve Change Order #2 to Q. Grady Minor & Associates, P.A. having Work Order QGM-FT-04-08 (RFP/Bid #01- 3290) to adjust and add service work tasks, additional days to the Tract N Lake & Ibis Way Road Crossing Project, include the Cypress Way East Road Drainage structure design replacement, and modifications to Tract N Lake Drainage Improvements in the at amount of $99,450. 13) Recommendation to approve Agreement with Countryside Master Association, Inc. for the construction of a noise wall as part of the six- lane improvements to Santa Barbara Boulevard Project #62081, conditioned on the Associations donation of a Temporary Construction Easement and payment from the Association in the amount of$914,000.00. 14) Recommendation to award bid #06-4009 Collier County Highway Scenic Enhancement at Port of the Islands landscape and irrigation installation to Hannula Landscaping, Inc. with a base amount of $197,020.45 and alternates in the amount of $40,041.00 for a total of $237,061.45. (Project #600521) To provide landscape and irrigation installation on US 41 15) Recommendation to authorize the execution and recording of two corrective deeds and a Declaration of Right-of- Way relative to GAC Land Trust property on Immokalee Road (Project No. 60018). (Fiscal Impact: $72.50) Due to scrivener's errors in their legal descriptions 16) Recommendation to approve the Project Agreement Amendment with the Natural Resources Conservation Service in Support of Hurricane Wilma Recovery Efforts in Collier County, and approve a purchase order to Crowder-Gulf, Inc. in the amount of$397,000 plus a 10% contingency of $39,700 for canal debris removal for a total of $436,700 and approve a purchase order to R.W. Beck, Inc. in the amount of $27,040 for monitoring of disaster generated debris management plus a 10% contingency of $2,704 for a total of $29,744, approve the necessary Budget Amendment and segregate all cost for Page 18 July 25, 2006 hurricane canal debris removal from Hurricane Wilma expenses. For debris removal in areas that were not addressed in the initial contract 17) Recommendation to award Bid #06-3910 Lely Golf Estates MSTU Roadway Beautification Renovation (St. Andrews Blvd. At US 41), to Vila & Son Landscaping Corporation with a base amount of $74,995.45 and 10% contingency of $7,499.54 for a total of $82,494.99 For 3 benches, a pad for newsstand and 3 pavers mortar set 18) Recommendation to award a construction contract to Bonness, Inc., for Livingston Road (CR 881) Intersection Improvements at Golden Gate Parkway (CR 886), Bid No. 06-4002, Project No. 66065, in the amount of$915,659.27 Necessary to improve traffic flow, safety, and capacity of this intersection 19) Recommendation to award Contract #06-3980 Annual Fixed Term Traffic Engineering Consultant Services to five (5) firms. Awarded to Vanus, CH2M Hill, TBE Group, PBS&J and WilsonMiller 20) Recommendation to approve an Amendment to the Agreement for Haldeman Creek Disposal with Lakeview Drive of Naples, LLC, a Florida Limited Company and accept funds for the Haldeman Creek dredging proj ect. Used to augment the City of Naples' portion of the funds to complete the potion of the project located within the City limits C. PUBLIC UTILITIES 1) Recommendation to award Work Order CDM-FT-3593-06-08 with Camp, Dresser, and McKee, Incorporated, for professional services for Existing Wellfields Operational Support in the amount of $196,820 - Project Number 75005. For annual maintenance to insure the reliability of the supply wells Page 19 July 25, 2006 2) Recommendation to approve a Resolution to authorize the County to submit a State Revolving Fund (SRF) low interest rate construction loan application and to authorize a loan agreement with the Florida Department of Environmental Protection (FDEP), for Lower Hawthorn Wells 18N, 19N, and 20N, Project, 71006. Resolution 2006-168 3) Recommendation to award Bid Number 06-3958 for laboratory chemicals and supplies to VWR International and Hach Company in the anticipated amount of $200,000. U sed by several County Departments to complete compliance testing of various commodities and laboratory testing procedures 4) Recommendation to adopt a Resolution to set the date, time and place for an Advertised Public Hearing where the Board of County Commissioners will adopt Fees (Special Assessments) to be collected on the Property Tax Bills for Curbside Trash Collection Services for the 2007 Budget Year, approve the notification to customers and approve the necessary budget amendment.($54,600) Resolution 2006-169 and Resolution 2006-170 5) Recommendation to award Work Order UC-235 under Contract 04- 3535 to Kyle Construction, Inc. in the amount of $279, 180, for the re- routing of the Lely High School Force Main, and a budget amendment to incorporate additional funds, in the amount of $278,000, from the Collier County School Board for the South County Water Reclamation Facility Reliability Improvements Project, 72508. To allow direct measurement of the wastewater flow as it enters the treatment facility (required for regulatory compliance) 6) Recommendation to approve the sole source purchase of chemical equipment and supplies from the AMJ Equipment Corporation in the estimated amount of $300,000, including the payment of Invoice 2006-0653 in the amount of $6,598. For the purchase of chemical pumps and spare parts, including equipment for the odor control, polymer, potassium permanganate, and sulfuric acid chemical systems 7) Recommendation to approve the use of a cooperative agreement of Martin County Contract # 262-02 and necessary budget amendments, Page 20 July 25, 2006 to retain services of Public Resources Management Group, Inc (PRMG) in the estimated amount not to exceed $83,685 to perform the Project Feasibility Report for Utility System Revenue Bonds, Series 2006 and Assistance With Bond Issuance for the Water/Sewer District. As detailed in the executive summary 8) 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 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2006-171 9) 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 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2006-172 10) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $40.00 to record the Satisfactions of Lien. Resolution 2006-173 11) Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. Full payment and satisfaction of this lien have been made 12) Recommendation to adopt a Resolution approving Special Assessment Hardship Deferrals for certain Sewer Special Assessments for the 2006 tax year. The fiscal impact is $18.50 to record the Resolution. Resolution 2006-174 Page 21 July 25, 2006 13) Recommendation to approve and execute a License Agreement with The School District of Collier County, Florida for the use of its property for storm debris collection and processing. Site is located at the northwest corner of the intersection of 47th Ave NE and Immokalee Road 14) Recommendation to accept a full settlement for Oil Spill Liability Trust Funds from the United States Coast Guard National Pollution Funds Center in the amount of$375,122.91. Due to damage from Hurricane Wilma in Chokoloskee area 15) Recommendation to approve an agreement with the South Florida Water Management District to Continue participating in the surface water monitoring of Big Cypress Basin in the amount of $499,456. To continue for another 3 years 16) Recommendation to award Bid Number #06-3953 to Godwin Pumps for the purchase and delivery of eleven (11) generators by the Wastewater Department in the amount of$390,587. To maintain collection system reliability and prevent sanitary sewer overflows during inclement weather events 17) Recommendation to approve an Easement Agreement and accept a Utility Easement and Access Easement necessary to upgrade the Lift Station existing at Buena Vida Retirement Home at a cost not to exceed $12,400, Project 634999. To acquire property rights to allow the county to operate, maintain, and upgrade the existing Lift Station 18) Recommendation to authorize a budget amendment in the amount of $110,000 and award Contract #06-3997 to E. B. Simmonds Electrical, Inc. to construct the Tamiami Wells 6 through 27 Electrical Upgrades, in the amount of $508,450.00, Project 71038. To improve the overall system reliability by making electrical and control systems improvements at 22 well sites 19) Recommendation to authorize renting of three (3) new Pitney-Bowes Documatch Integrated Mail System Machines and one (1) new Postage System Effective October 1, 2006 for a three year period, Page 22 July 25, 2006 based on State of Florida Contract #600-760-00-1. Combined annual rental cost is $98,412. Used to prepare and process 800,000 utility bills each year D. PUBLIC SERVICES 1) Recommendation to approve an Amendment to the Second Paragraph of Article 5 in the License Agreement with the Marco Island Historical Society Which Designates Land for a Future Museum on Marco Island. The property is located adjacent to the Marco Island Branch Library 2) Recommendation to approve and execute the attached Lease Modification Agreement with Randall Benderson and David H. Baldauf, Trustees, relating to a Lease Agreement approved by the Board of County Commissioners on April 12, 2005. For office space located in Golden Gate City to be used for the Health Department's WIC program 3) Recommendation to approve an Interlocal Agreement with the City of Everglades City for fund sharing for park improvements for $50,700. For new playground equipment, repairs to the basketball and tennis courts, picnic tables, park benches, restroom repair and painting 4) Recommendation to enter into an Interlocal Lease Agreement with The School District of Collier County and to approve a project in the amount of $641,000 to install additional equipment to improve existing facilities associated with property adjacent to Immokalee High School. For the existing softball and baseball fields 5) Recommendation to approve purchase and installation of playground equipment for Immokalee South Park in an amount not to exceed $41,000. Purchased from Playmore 6) Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation Page 23 July 25, 2006 program participants not to exceed the budgeted amount of $36,000. For the Parks Department After School Program 7) Recommendation to authorize the Chairman to sign the Grant Agreement for Collier County Library Public Library Construction Project Number 07-PLC-04, permitting the Collier County Public Library to receive $500,000 awarded by Grant for construction of the South Regional Library. To accommodate the 14,000 additional residences in the service area 8) Request to reimburse John Veit for out of pocket expenses in the amount of $928.00 paid to Naples Transportation & Tours. For the Fourth of July transportation of Special Ops personnel to and from Everglades National Park 9) Recommendation to enter into a Memorandum of Understanding with Westat to conduct the National Survey of the Use of Booster Seats (NSUBS) at Veterans Community Park, East Naples Community Park, Max Hasse Jr. Community Park and Vineyards Community Park A brief survey on the safety of children in passenger vehicles E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a $199,268 change to contract #03 - 3489, "Professional Architectural and Design Services for Addition to, and Renovation of, The Golden Gate Library", with Barany Schmitt Summers Weaver and Partners, Inc. (BSSW) to modify the scope to design a 17,000 square foot building rather than a 12,000 square foot building, project 54261. To enable the library to continue to meet the Growth Management requirement of .33 square feet per capita for library space 2) Recommendation to ratify additions to and modifications to the 2006 Fiscal Year Pay and Classification Plan made from April 1, 2006 through June 30, 2006. To increase support for the special needs population during Page 24 July 25, 2006 emergencies and offer an additional level of management in Domestic Animal Services 3) Recommendation to approve a budget amendment and Change # 1 to Work Order BSW-02-06 under contract #013235 "Annual Contract for Architectural Services" to update the design of the Sheriffs Sub- Station Addition to EMS-12 located in the Golden Gate Estates area on Immokalee Road, project 52011, in the amount of$57,900. 4) Recommendation to waive formal competition and enter into an agreement with SAP Public Services Inc. to conduct an assessment of the County's current SAP configuration in anticipation of upgrading the software in the next fiscal year in the amount of$71,504. To implement a more advanced version of SAP software to improve system performance 5) Recommendation to approve a phased Work Order with CH2M Hill, Inc., under contract #06-3929, "Annual Contract for Architectural Services", to design upgrades to the fuel facility at County Barn, project 52009, in a total amount to be negotiated not to exceed $60,000. Due to Land Development Codes (LDC) the requirements for the new elevations of new developments the plans need to be three feet higher than the existing fueling facility 6) Recommendation to approve a budget amendment to increase appropriations and associated revenues for operating costs in Fleet Management Fund (521) in the amount of$145,000. The cost for repair parts were underestimated during the FY05- 06 budget preparation 7) Recommendation to approve award of #Bid 06-4010 "24- Hour Towing Services" to Coastal Towing and Recovery, Inc., and to Naples Towing LLC. d/b/a Bumper to Bumper Towing for towing services exceeding $30,000 annually. 8) Recommendation to approve conveyance of an Easement to Florida Power & Light Company (FPL) for providing electric service to the EMS-75 Facility at 4590 Santa Barbara Boulevard, at a cost not to exceed $18.50, Project 52007-1. Page 25 July 25, 2006 The Easement is a requirement of FPL for providing electric service to the facility 9) Recommendation to award Letter of Interest No. 006-3990 Catering Services to; Artichoke & Company; Gee's BBQ; Silver Platter Catering; Candito Management Group; Carrabba's Italian Grill; Country Cater BBQ, Inc.; and Russell's Clambakes. For catering services for county events, including emergency meals, awards presentations, employee recognition and training seminars 10) Recommendation to approve a change to work order #CH-F-05-04 under contract #01-3291, "Annual Contract for Construction Engineering Inspection Services", with CH2M Hill, Inc. to provide additional inspections services for the Annex Parking Garage, project 52010, in the amount of$33,085. For field inspection services, office engineer support and construction management 11) Recommendation to approve the after-the-fact submittal of an International City/County Management Association Center for Performance Management/Public Entity Risk Institute Grant Application, in the amount of$5,000. To enhance benchmarking and the development of various practices, procedures and work overflow processes to enable the benchmarking process 12) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. As detailed in the Executive Summary 13) Report to the Board of County Commissioners regarding the recent disposition of assets no longer deemed to serve a useful function or to have commercial value A list of assets no longer deemed useful to County operations and are not considered to have commercial value 14) Recommendation to approve a Work Order with CH2M Hill, Inc., under contract #01-3292, "Annual Contract for Professional Structural Engineering Services", to provide threshold inspections for the Page 26 July 25, 2006 Emergency Services Center, project 52160, in the amount of $101,580. Florida Statues requires that a Special inspector perform structural inspections F. COUNTY MANAGER 1) Board ratification of Summary, Consent and Emerl!:ency Al!:enda Items approved by the County Manal!:er durinl!: the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subj ect to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, this Agreement shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification of that Board." 2) Recommendation to accept a grant award in the amount of $5000 from Visit Florida for the Paradise Coast Blueway Web Site and future Search Engine Optimization. Grant will contribute to the cost for developing a web site, maps and brochures to help promote the paddling trail that will eventually be a complete regional Blueway system through Collier, Lee and Charlotte Counties 3) Recommendation to award Bid # 06-4006 for the purchase of janitorial supplies to E & R Industrial Sales, Inc., Pyramid II, Inc., Dade Paper Company and Corporate Express for the Emergency Medical Services Department for an estimated cost for FY 06 of $21,000. To procure janitorial supplies from the lowest qualified and responsive bidders 4) Recommendation to adopt a Resolution fixing the date, time and place for the Public Hearing for approving the Special Assessment (Non-ad valorem Assessment) to be levied against the properties within the Pelican Bay Municipal Service Taxing and Benefit Unit. Resolution 2006-175 5) Recommendation to approve Budget Amendments. Page 27 July 25, 2006 To cover expenses to equip the two new Ochopee Fire District Fire Apparaus as per NFP A Standards 6) Recommendation to award Bid #06-4011 in the amount of $200,000.00 for Pelican Bay Streetscape Irrigation System Phase V to Stahlman-England Irrigation, Inc. Awarding bid to the lowest qualified responsive bidder 7) Recommendation to approve a Budget Amendment to fund collection service commission fees for Emergency Medical Services Ambulance Billing in the amount of $68,000. Fees for the collection of old debts were not budgeted for FY06, this budget amendment is necessary to fund the collection service commissions. 8) Recommendation to approve expenses not to exceed $10,000 for Collier County to provide aerial over-flights of eight Collier County projects in the Fiscal Year 2007 Federal Agenda to two United States Senators and two United States Congressmen. To give the federal officials the opportunity to view the county's priorities up close and personal while Congress is in recess 9) Recommendation to approve Rules of Procedure Governing Meetings of the County Productivity Committee as authorized by Section Five: Officers; Quorum; Rules of Procedure of County Ordinance No. 2001-37, as amended. Resolution 2006-176 10) Recommendation to approve an Agreement between the Florida Department of Community Affairs and Collier County accepting $8,143 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within the County and approve the Budget Amendment necessary to recognize and appropriate $8,143 as revenue. This will allow Collier County to comply with both the DCA and Collier Growth Management Plan requirements. The Conservation and Coastal Management Element of the County Growth Management Plan requires that hazards analysis site visits be made to all sites biennially. Page 28 July 25, 2006 11) Recommendation to approve budget amendments for the Isles of Capri Fire District to purchase hose testing equipment in the amount of $3,857. This budget approval will transfer impact fee revenue monies to a capital outlay fund for new equipment to accommodate the new growth of the present population which is doubling approximately 12) Recommendation to approve the submittal of the attached Emergency Operation Center Construction and Improvement Initiative Grant Application to the Florida Department of Community Affairs in the amount of$6,091,015. This funding is solely for construction or structure renovation and may not be used for land acquisition, purchase of equipment, furnishings, communications and other operational systems or recurring expenditures. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to approve the relocation of the Bayshore Gateway Triangle CRA office, approve a new office lease with a new landlord, authorize the Chairman to sign, and approve all necessary budget amendments to cover the lease terms and relocate the office. The new monthly lease is less than the current lease and a FY06 Budget Amendment is needed to fund the cost to relocate technical equipment, buy office furniture, design and install signage and pay lease upfront costs 2) Recommendation to approve and execute Site Improvement Grant Agreements between the Collier County Community Redevelopment Agency and grant applicants within the Bayshore Gateway Triangle Community Redevelopment area. The purpose of the Grant is 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) Recommendation to approve written policies for the day to day business of the BCC Office. Page 29 July 25, 2006 To provide for the implementation of a disciplinary procedure governing the administrative staff managed by the Executive Manager to the Board of County Commissioners 2) Commissioner Fiala requests for Board Approval for reimbursement for attending a function serving a valid public purpose. Attended the Florida Association Counties Dinner hosted by RBC Capital Markets, Tuesday, June 27th at Cafe De Marco, Marco Island; $30.00 to be paid from Commissioner Fiala's travel budget. To network with other commissioners and county officials from various Florida counties 3) Commissioner Halas requests Board approval for payment by the Clerk to attend a function serving a valid public purpose. Attending the Florida Forum for County Leaders, a series of 3 seminars in Lake County and other locations in Central Florida; $450.00 to be paid from Commissioner Halas' travel budget. For advance leadership training and certification for commissioners and participation in a venue for consideration of important issues facing Florida and its communities 4) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Naples Press Club Dinner on Wednesday, June 21st, 2006 at the Collier Athletic Club; $25.00 to be paid from Commissioner Fiala's travel budget. To network with constituents and members of the Naples Press Club I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve a budget amendment in the amount of $81,549, which is the total amount of funds projected to be collected in excess of the amount currently budgeted, to pay for legal aid Page 30 July 25, 2006 services costs incurred for legal services provided for qualified Collier County Indigents pursuant to state mandated statutorily-defined procedures. The budget amendments will utilize all directed funds collected through the court system pursuant to statute to benefit legal aid; this agenda item comes forward at this time to reconcile year-end accounts pursuant to the statutory scheme. 2) Recommendation to approve settlement prior to completion of discovery in the lawsuit entitled Lauretta Barker vs. Collier County Board of Commissioners filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 05-l559-CA, for $17,500.00. Funds are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650. If this matter went to trial, trial costs for an expert engineer would range somewhere between $4,000 - $6,000 and a medical expert would cost somewhere between $3,000 - $5,000. Both the County Attorney and the Risk Management Director opine that settlement in the sum of $17,500 is reasonable and cost effective under all circumstances. 3) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of Collier County Board of Commissioners, against B & G Underground Inc., in the Twentieth Judicial Circuit, Collier County, FL, to recover repair costs incurred in the amount of$17,000. Employees ofB & G Underground, Inc. damaged two sewer lateral lines (separate incidences) in Palm River. Wastewater field crews responded to the site and took the appropriate action. Numerous attemps to recover the total costs incurred have been unsuccessful. The County has no other recourse for recovery of costs incurred than to proceed with litigation 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment as to Parcels 115 & 715 in the lawsuit styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA (Collier Blvd. Project No. 65061). (Fiscal Impact $56,452.65.) Funds are available in the FY06 adopted budget; source of funds are Gas Taxes and Impact Fees Page 31 July 25, 2006 5) Recommendation to approve a Stipulated Final Judgment for Parcel No. 148 in the lawsuit styled Collier County v. Ziad Shahla, et aI., Case No. 04-600-CA (Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $7,911.00) Funds are available in the FY 2006 adopted budget; source of funds are Impact Fees and/or Gas Taxes 6) Recommendation to approve the Proposed Joint Motion for an Agreed Order Awarding Expert Fees and Costs Relating to Parcels 166A and 166B in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5 1 66-CA, Immokalee Road Phase II, Project #60018. (Fiscal Impact: $12,000.00). Funds are available in the FY 2006 adopted budget; source of funds are Gas Taxes and Impact Fees 7) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of Collier County Board of Commissioners, against Ocean Gate Contractors, Inc. and/or Rookery Bay National Estuarine FDEP, to recover costs in the sum of$7,500. Ingressed and egressed equipment on Isle of Capri's fire station parking lot causing damages; after numerous attempts to recover the total costs incurred, attempts have been unsuccessful. The County has no other recourse for recovery of costs than to proceed with litigation. Funds are budgeted and available in the Risk Management Property & Casualty Fund No. 516121650 8) Recommendation to authorize the County Attorney to file a lawsuit, on behalf of the Collier County Board of Commissioners, against Donnie E. Morgan in Collier County, Florida, to recover repair costs incurred in the approximate amount of $3,700.00. Due to careless driving and negligence, damages and clean up costs were incurred. Several attempts to recover the total costs incurred have been unsuccessful. The County has no other recourse for recovery costs than to proceed with litigation. 9) Recommendation to approve a Stipulated Final Judgment as to Parcel 140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI., Case No. 05-1033-CA (CR 951, Collier Boulevard, Project No. 65061) Fiscal Impact: $855,200. Page 32 July 25, 2006 Funds are available from Gas Tax Reserves. A budget amendment is needed to transfer funds into the project. Source of funds are Gas Tax Reserves 10) Recommendation to consider Approval of a Resolution to Reinstate the Membership of Qualified County Advisory Board Members During the 2006 Election Process. Resolution 2006-177 11) Recommendation to grant the Conflict Waiver requested by Grayrobinson, P.A. and waive the Provisions of Paragraph 8 of an agreement for Legal Services between Collier County and Grayrobinson, P.A. Request by Grayrobinson to waive any potential conflict with the firm's proposed representation of various property owners against the County per the Rules of Professional Conduct. 12) Request by the Collier County Educational Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance educational facilities for Ave Maria University. Resolution 2006-178 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. Recommendation to adopt a revised post disaster recovery ordinance to provide for the establishment of the Post-disaster Recovery Task Force, the establishment of the Emergency Review Board, the County post-disaster Page 33 July 25, 2006 build-back policy, emergency permitting system and guidelines for declaring a post-disaster building and zoning moratorium, and repeal Ordinance No. 98-62 and Ordinance No. 93-20. Ordinance 2006-35 B. Recommendation to approve adoption of an Ordinance amending Chapter 49 of the Collier County Code of Laws and Ordinances, as amended, regarding Economic Development Incentives; adding a new definition for jobs into sections 49-22, 49-32, 49-42 and 49-52 to require that each incentive fulfillment job be performed only by permanent legal residents of the United States, and applicably maintained as such; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability and providing for an effective date. Ordinance 2006-36 C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2006-AR- 9571: Two Lakes of Naples, LLC, by Brian Howell of Phoenix Associates of Naples, Inc., requesting a two-year extension to the Two Lakes Plaza PUD from October 24,2005 to October 24,2007. The subject property, consisting of 19.9 acres, is located on the east side of Tamiami Trail North at 15000 Tamiami Trail North, in Section 9, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2006-179 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SV-2006-AR-9160: WR Development, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A. requesting sign variances for two ground signs in the Riverchase Commons Office Park. The sign located at the southwest entrance or corner of the property would require a change in setback from 10 feet to 4.24 feet; the sign located at the southeast entrance would require a change in setback from 10 feet to 0.15 feet. The signs are located at 1001 Crosspointe Drive, in Section 22, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2006-180 E. Recommendation to approve a resolution establishing the Horizon Study Public Participation Ad Hoc Master Plan Committee for Phase Two of the East of County Road 951 Infrastructure and Services Horizon Study. Page 34 July 25, 2006 Resolution 2006-181 F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9159, Elaine Sorrell, requesting a street name change from 10th Avenue S.W. to Boxwood Way for property located east of Logan Boulevard in Golden Gate Estates Unit 34, Section 16, Township 49 South, Range 26 East. Resolution 2006-182 G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9161, Steven H. White, requesting a street name change from 14th Avenue S.W. to Hawthorn Woods Way for property located east of Logan Boulevard in Golden Gate Estates Unit 34, Section 16, Township 49 South, Range 26 East. Resolution 2006-183 H. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9162, Carol Monk, requesting a street name change from 10th Avenue S.W. to Napa Woods Way for property located west of Logan Boulevard in Golden Gate Estates Units 33 and 34, also Michaels Estates, in Sections 17 and 16, Township 49 South, Range 26 East. Resolution 2006-184 I. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9163, Joy Runyon, requesting a street name change from 12th Avenue S.W. to Dogwood Way for property located west of Logan Boulevard in Golden Gate Estates Units 33 and 34, Sections 17 and 16, Township 49 South, Range 26 East. Resolution 2006-185 J. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9164, Karen Wess, requesting a street name change from 14th Avenue S.W. to Lancewood Way for property located west of Logan Boulevard in Golden Gate Estates Units 33 and 34, also Margaret Acres, in Sections 17 and 16, Township 49 South, Range 26 East. Page 35 July 25, 2006 Resolution 2006-186 K. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition SNR-2006-AR- 9165, Gail Geary, requesting a street name change from 12th Avenue S.W. to Tallwood Way for property located east of Logan Boulevard in Golden Gate Estates Unit 34, Section 16, Township 49 South, Range 26 East. Resolution 2006-187 L. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE-2006-AR-9424, American Dream Builders, Inc., represented by Edward B. Hanf, requesting a one-year extension of Conditional Use CUE-2003-AR-4799 for a Model Home and Sales Center of the Estates Zoning District located at 4050 13th Avenue S.W., for property hereinafter described in Section 15, Township 49 South, Range 26, Collier County, Florida. Resolution 2006-188 M. Recommendation to adopt an ordinance amending Collier County Ordinance No. 2001-43, as amended (Vanderbilt Beach Beautification Municipal Service Taxing Unit); by amending Section Three, Purpose and Governing Body; providing for conflict and severability; providing for inclusion in the Code of Laws and Ordinances, and providing for an effective date. (Adding burying power lines to charter.) Ordinance 2006-37 N. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 2001-37, as amended (the County Government Productivity Committee Ordinance) by amending Section Two, Appointment and Composition; amending Section Four, Removal from Office, Failure to Attend Meetings; amending Section Seven, Functions, Powers and Duties of the Committee; amending Section Eight, Duties of the County Manager's Office and the Clerk of Courts; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ordinance 2006-38 O. Recommendation to consider Adoption of an Amendment to Subsection Five E of Collier County Ordinance No. 2001-55, the General Advisory Boards Ordinance, to Allow Certain Candidates Running Unopposed for a Page 36 July 25, 2006 Non-Remunerative Political Office to Remain Serving on County Advisory Boards. Ordinance 2006-39 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 37 July 25, 2006