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Recap 09/26/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS t..,... ,. : ... AGENDA September 26, 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 THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD Page 1 September 26, 2006 WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTI~IONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO THREE (3) 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Stephan L. Nagy, Lely Presbyterian Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted w/changes - 5/0 B. August 28, 2006 - BCC/Tropical Storm/Hurricane Emesto Meeting Approved as presented - 5/0 C. August 29,2006 - BCC/Tropical Storm/Hurricane Emesto Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation recognizing the Troops In Touch For The Holidays campaign Page 2 September 26, 2006 to be accepted by Mr. Cody Anderson. Adopted - 5/0 B. Proclamation recognizing the United Way of Collier County Agency for their outstanding contribution to the community and wishing them yet another year of great success as they kick off their 2006/2007 season. To be accepted by Ernie Bretzmann, Executive Director, United Way of Collier County; Reg Buxton, United Way Campaign Chairman and Georgie Foster, United Way Campaign Chairman. Adopted - 5/0 5. PRESENTATIONS A. To recognize Scott Belanger as Employee of the Month for September 2006. Presented B. Presentation by Florida Department of Environmental Protection for the early closure of the Wastewater Consent Order originally scheduled to be closed in 20l6. Presented Continued to the October 10, 2006 BCC Meeting C. To recognize Gary McAlpin for his exceptional leadership and management of the Collier County/City of Naples 2006 Beach Renourishment Project. Continued to the October 10, 2006 BCC Meeting D. To recognize Allen Madsen for his exceptional performance as the on-site representative of Collier County and ambassador to the public for the Collier County/City of Naples 2006 Beach Renourishment Project. 6. PUBLIC PETITIONS A. Public Petition request by Shirley Ison to discuss towing charge to remove car from Rock Road. Discussed Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 September 26, 2006 A. The petitioner requests to continue indefinitely the BCC hearini! date in order to evaluate the proposed development after the CCPC recommendation to the BCC. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2005-AR-718l, Basil Street Partners, LLC, represented by Clay Brooker, Esquire of Cheffy, Passidomo, Wilson & Johnson, requesting approval of a Conditional Use for a passive recreational facility in the Agricultural (A) Zoning District, as specified in Section 2.04.03 of the Collier County Land Development Code. The subject properties, consisting of 4.32 acres, are located at lOlll and 10l2l Keewaydin Island, in Section 14, Township 51 South, Range 25 East. Petitioner withdrew 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1 :00 p.m. Public Hearing for the Board of County Commissioners to consider and decide whether Collier County should exempt itself from the provisions ofF.S. 316.2123 that generally permits the operation of All-Terrain Vehicle use on unpaved public roads under specified conditions and restrictions therein, which takes effect on October 1,2006. Motion for the BCC to exempt Collier County from this section of House Bill 7079 - Approved 5/0; Resolution 2006-256A - Adopted 5/0 (County Attorney's office preparing resolution) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2005- AR-8337, Sembler Florida, Inc., represented by Dwight Nadeau of RWA, Inc., is requesting a rezone from the Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning district for a proposed commercial shopping center to be known as Brooks Village CPUD. The subject property, consisting of 22.7 acres, is located on the southwest quadrant of the intersection of Collier Boulevard and Pine Ridge Road, in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2006-42 Adopted with stipulations - 5/0 9. BOARD OF COUNTY COMMISSIONERS Page 4 September 26, 2006 G. H. Added I. A. Appointment of member to the Contractors' Licensing Board. Resolution 2006-255 Appointing Derek Chorlton - Adopted 5/0 B. Appointment of member to the Board of Building Adjustments and Appeals. Motion to re-advertise - Approved 5/0 C. Appointment of member to the Development Services Advisory Committee. Resolution 2006-256 Appointing William Varian - Adopted 5/0 D. Discuss the potential merits of requesting the Florida Department of Transportation to reserve 20 million dollars of available future funding outside their 5 year work program for advancement with reimbursement to the County for the Davis Boulevard widening project. (Commissioner Halas) Motion to send Letter of Commitment from Collier County to FDOT to reserve $20 million and bring back agreement to BCC to review _ Approved 5/0 E. Creekside Commerce Park PUD Amendment Reconsideration Request. (Commissioner Henning and Commissioner Coletta) Motion to reconsider - Approved 5/0; To be heard on the October 24, 2006 BCC Meeting Naples Daily News PUD (PUDZ-2005-AR-8833) Reconsideration Request. (Commissioner Henning) Motion to reconsider - Approved 5/0; To be heard on the October 24, 2006 BCC Meeting F. The Annual Performance Appraisal for the County Manager. (Commissioner Halas) Motion to approve $14,513 Performance Bonus - Approved 5/0 The Annual Performance Appraisal for the Executive Manager to the BCC. Motion to approve $5,384 to be added to her salary up to the range limit with remainder taken as lump sum Performance Bonus _ Approved 4/1 (Commissioner Halas opposed) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, in support of the amendment of the Florida Statutes to require election of the Governing Boards of the Florida Water Management Districts. Page 5 September 26, 2006 Resolution 2006-257 - Adopted 5/0; Chairman to send letters to all Florida counties to seek support for resolution and why important & to approach Civic groups to get involved with the petition. 10. COUNTY MANAGER'S REPORT Continued to the October 10, 2006 BCC Meeting A. Recommendation to consider a recommendation from the Habitat Conservation Plan Advisory Committee to implement a Red-cockaded Woodpecker Compliance Plan (Bill Lorenz, Director, Environmental Services) B. This item to be heard at 11 :00 a.m. Report to the Board of County Commissioners by representatives of the mining industry about the status of earth mining and specifically the mining of hard rock within the limits of Collier County and the limitations that have been put on those resources by Growth Management Plan and land development regulations. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) To come back with specific details C. Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2005-2006 as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD. (Susan Golden, Grants Administration Manager, Housing and Grants Department) Resolution 2006-258 Adopted with change - 5/0 D. Recommendation to approve the purchase of the Forsyth homestead and six rental units by a joint purchase agreement for property required to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031) and to accept a $529,000 contribution from the Bayshore Gateway Triangle CRA Fund 187 to the Stormwater Fund 325 for the total cost of this purchase. Fiscal Impact: $1,260,500.00. (Norman Feder, Administrator, Transportation Services) (This is a Companion Item to be heard after Item 14A) Approved - 5/0 Page 6 September 26, 2006 Continued Indefinitely E. Recommendation to adopt a superseding resolution authorizing the fee simple and easement acquisition of property by condemnation for the purpose of constructing stormwater improvements to alleviate flooding in the East Naples area known as Phase One of the Lely Area Stormwater Improvement Project (LASIP). Fiscal Impact $1,838,000 (Project 511012). (Gene Calvert, Director, Transportation/Stormwater Management) F. Review and approve the FY2007 Annual Work Plan for the County Manager. Approved - 5/0 G. Recommendation for the Board of County Commissioners to confirm their direction regarding purchase authorization for Conservation Collier properties within North Golden Gate Estates Unit 53 as property values increase. (Alex Sulecki, Sf. Environmental Specialist, Environmental Serv.) Motion to stop buying properties in North Golden Gate Estates, Unit 53 for two years unless the prices decrease - Approved 5/0 H. This item to be heard at 10:00 a.m. Recommendation to approve the attached 16 Impact Fee Deferral applications and approve the Permanent Resident card as substantial proof of residency. (Denny Baker, Director, Financial Administration and Housing) Approved - 5/0 I. Recommendation to award bid number 06-3996R to Akerman Construction Company, Inc. in the amount of$18,330,133.00 for construction of the CR 951 Water Main from Davis Boulevard to US 41, and to approve the necessary budget amendments, Projects 70151 and 70152. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 J. Recommendation to award Work Order HS-FT-3785-06-10 under Contract 05-3785 for Construction Engineering and Inspection Services for the "South County Regional Water Treatment Plant 20-Million Gallons per Day Well field Expansion" to Hazen and Sawyer, P. C.; Project Number 708921, for an amount not to exceed $1,835,000.00. (Jim DeLony, Administrator, Public Utilities) Approved - 4/1 (Commissioner Henning opposed) Page 7 September 26, 2006 K. Recommendation to adopt a Resolution repealing all previous resolutions establishing and amending parts of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy and establishing the policy effective October 1, 2006. (Marla Ramsey, Administrator, Public Services) Motion to continue to the October 10, 2006 BCC Meeting -Approved _ 4/0 (Commissioner Fiala absent) L. Recommendation to award Work Order UC-253 in the amount of $497,650 to Mitchell & Stark Construction Company to provide an emergency generator, enclosure, well pumps and valves, Work Order UC-254 in the amount of $1 ,884,000 to D.N. Higgins to install the aforementioned equipment, both under Fixed Annual Term Contract 04-3535, and a purchase order in the amount of $334,784 to TAW Control Systems & Automation for instrumentation and controls, electrical equipment, and an air conditioned electrical equipment enclosure for the South County Regional Water Treatment Plant two new Mid Hawthorn Zone 1 and two new Lower Hawthorn Wells 39S and 41S, and 40S and 42S, respectively, as Project 71051. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 Moved from Item #16E9 M. Recommendation to spend $150,000 on the first stage ofa multi-stage, multi-year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to assist County Project Managers, Project Number 75006. Approved w/change and stipulations - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS No speakers 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners give direction to the Office of the County Attorney concerning the settlement offer required by Section 70.00 1 (4)(c), Fla. Stat., in response to the purported Bert Harris Act Claim asserted by R & S Development Company - the owner(s) of the property that was proposed to be rezoned to Sandalwood Residential Planned Unit Development. Page 8 September 26, 2006 Motion for County Attorney to send a written settlement offer to the petitioner with phasing of 10% of C.O.'s until loop road is completed: Approved - 3/2 (Commissioner Halas and Commissioner Coyle opposed) B. Discussion concerning most recent correspondence received from South Florida Water Management District in regard to joint meeting with the Board of County Commissioners. Motion for a meeting January 10th or 11th pending board room availability and if SFWMD cancels, seek litigation - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. (To be heard before Item 10D) Recommendation for the Community Redevelopment Agency to approve a CRA Resolution to support the Collier County purchase of the Forsyth homestead and six rental units to provide for a Stormwater Management Pond in the Gateway Triangle Area (Gateway Triangle Stormwater Improvement Project, Project No. 518031); to approve a monetary contribution from the Bayshore Gateway Triangle CRA Fund 187 to Stormwater Fund 325 in the amount not to exceed $529,000 to complete the sale of subject property; and approve all necessary budget amendments. (Companion to Item 10D) (David Jackson, Executive Director, Bayshore/Gateway CRA) (CRA) Resolution 2006-259 Adopted 5/0 B. Bayshore Gateway Triangle Community Redevelopment Agency FY 2006 Annual performance appraisal review for the Executive Director; determine the FY 2006 Merit Pay Award for lump sum payment from the FY 07 budget and authorize the FY 2007 Cost of Living Adjustment beginning the first pay period in FY07. Award $8,800 bonus + 4.7% COLA - Approved 5/0 Commissioner Halas opposed C. Recommendation to approve a 10.0 percent ($9,299.05) merit increase effective the first pay period in FY07 and a $5,000.00 bonus effective in FY06 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook, and associated budget amendments. Page 9 September 26, 2006 Award $5,000 bonus + 80/0 ($7440) Merit pay - Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Pettit: Update on Weigel Pettit: To prepare resolution for Item # 8A Fiala: CDES request for employees & funding; need an organizational solution to CDES division ------------------------------------------------------------------------------------------------------------ 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 w/ changes - 5/0 ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of Heritage Bay Unit Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Recommend the Board of County Commissioners award a contract of $200,000 to Van Buskirk, Ryffel & Associates, Inc. for development of the Collier Interactive Growth Model for the East of County Road 951 Infrastructure and Services Horizon Study. 3) Recommendation to approve for recording the final plat of Del Webb at Ave Maria Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 4) Recommendation to award Bid #06-4026 Fencing Installation for The Railhead Scrub and Watkins/Jones Preserves to Sunrise Fence and Construction Co. ofS.W. Florida, Inc. in the amount of$31,758.80. To protect the preserves 5) Recommendation to approve an Agreement for Sale and Purchase Page 10 September 26, 2006 with Diane Hutchison, Judy Jones, and Nancy Smith for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $89,700. Located within Golden Gate Estates, Red Maples Swamp Preserve 6) Recommendation that the Board of County Commissioners authorize the County Manager or his designee to establish the budgetary and financial mechanisms to prepay up to $6,200,000 ofCDES capital and information technology improvement debt and give approval for any subsequent FY 07 budget amendments required to fund this debt prepayment. 7) Recommendation to approve for recording the final plat of Ave Maria Unit 5, Bellerawalk Phase lA, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 8) Recommendation to approve for recording the final plat of Twin Eagles, Phase Two B, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 9) . Recommendation to approve for recording the final plat of Via Veneto, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 10) Recommendation to approve for recording the final plat of Ave Maria Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 11) Recommendation to approve for recording the final plat of Ave Maria Phase Three, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 11 September 26, 2006 w/stipulations 12) Recommendation to approve final acceptance of the water and sewer utility facility for Verona Walk, Phase lA. w/release of Utilities Performance Security 13) Recommendation to approve final acceptance of the sewer utility facility for Hospice House of Naples. w/release of Utilities Performance Security B. TRANSPORTATION SERVICES 1) Recommendation to approve and execute the attached Second Amendment to Radio Tower Lease Agreement with Crown Castle GT Company LLC, for an additional location upon an existing tower for use by the Stormwater Management Department at a first years annual cost of $3,000. To be used with a GPS base station at Port of the Islands, allowing that facility to be incorporated into the existing Countywide GPS network 2) Recommendation to approve an amendment to Contract 05-3845 Consolidated Management Contract for the Collier County Fixed Route and Paratransit systems. For an additional reserve vehicle 3) Recommendation to award bid #06-4033 U.S. 41 Tamiami Trail North Phase I & II Water Source Conversion to Hannula Landscaping, Inc. with a base amount of $59,999.58 and alternates in the amount of$44,195.00 for a total base bid of$104,194.58 with a 10% contingency of$10,419.45. (Project #601551) To convert the water source from potable water to effluent water on U.S. 41 North Phase I & II (Pine Ridge Road to Vanderbilt Beach Road) 4) To seek Board approval of a Locally Funded Agreement with the Florida Department of Transportation for the design of the Cocohatchee Bridge replacement project on Vanderbilt Drive in the amount of $177,409. This represents half of the negotiated design cost increase with the Florida Department of Transportation District One Page 12 September 26, 2006 office picking up the other half of the cost increase. Resolution 2006-246 5) Recommendation to receive Board approval for the use of $25,000 from the previously approved Southwest Florida Expressway Authority budget for expenses including the hiring of a Certified Public Accountant on a part time basis to set up a financial system and handle the finances for the Authority. 6) Recommendation to award Contract #06-3969 Annual Fixed Term Professional Engineering Services to eight (8) firms A warded to CH2M HiII,Agnoli Barber & Brundage, TBE Group, PBS&J, Wilson Miller, Q. Grady Minor, Stanley Consultants, Inc. and PitmanOHartenstein & Associates 7) Recommendation to award Bid No. 06-4036 to Quality Enterprises USA, Inc. for construction of Avalon School Drainage Ditch Project, Project Number 511071 in the amount of$419,485.25. Located South of Thomasson Drive and North of Holly Avenue in Naples 8) Recommendation to approve a work order in the amount of $688,000 to Aquagenix for the 2006 Australian Pine Removal Project (Project Number 51501) under Contract 03-3568 Annual Contract for Countywide Exotic Vegetation Removal and approve the necessary budget amendment. In accordance with the goals and objectives of the Drainage Sub- element of the Growth Management Plan 9) Recommendation to award Contract 06-3950 Geographic Information Systems Services for the Transportation Division to three professional services firms for a two year term. Awarded to Data Transfer Systems, Jones Edmunds & Associates, Inc., and Wilson Miller 10) Recommendation to award Bid #06-4008, Immokalee Beautification M.S.T.U/M.S.T.D. Roadway Ground Maintenance at CR846 (South 1 st Street) and SR29 (Main Street) Annual Landscape Maintenance Contract, to Commercial Land Maintenance in the amount of $172,006 (Project #630101). Page 13 September 26, 2006 11) Recommendation to seek Board approval of a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) to acquire a grant in the amount of $4,950,000 for the widening of Collier Boulevard from Golden Gate Boulevard to Immokalee Road (Project #65061). Resolution 2006-246A c. PUBLIC UTILITIES 1) Approval of the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2007. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2007 budgets for solid waste disposal (Fund 470 -$20,336,300) and mandatory trash collection (Fund 473 - $15,776,100). Resolution 2006-247 2) Recommendation to approve the sole source reconditioning of a Bellmer Winklepress used in the South County Regional Water Treatment Plant lime softening dewatering process from Ashbrook Simon-Hartley Corporation in the estimated amount of$III,707, Project No. 710053. To ensure the reliability of SCRWTP to produce water at full capacity 3) Recommendation to reject the bid received for Bid No. 06-3946R and to authorize the staff to re-advertise for the North County Regional Water Treatment Plant Chemistry Laboratory Ventilation Improvements; Project 700952 4) Recommendation to approve the Underground Conduit Installation Agreement with Florida Power & Light Company and authorize conveyance of utility easements in an amount not to exceed $500.00, for the installation of underground electric service related to the Reclaimed Water Aquifer Storage and Recovery, Project 74030. Located at 15694 Livingston Road 5) Recommendation to accept a Grant of Easement from The Club Pelican Bay to provide access to the Pelican Bay Utility Site at a cost Page 14 September 26, 2006 of $35.50. To reduce vehicular traffic crossing the club's maintenance facility 6) Recommendation to approve a Lease Agreement for vacant land at the City of Naples Airport for the County Collier Solid Waste Departments Recycling Transfer Center at a first years cost not to exceed $97,578. The current lease will terminate on October 31,2007 7) 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 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2006-248 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 2006-249 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 2006-250 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 $30.00 to record the Satisfactions of Lien. Resolution 2006-251 11) Recommendation to approve a budget amendment for Work Order # UC-034, Collier Boulevard (CR-951) 16 Sanitary Sewer Force Main Page 15 September 26, 2006 Improvements, WBS Element 730861 in the amount of $60,526.00 to provide sufficient funds to enable final payment to be made to Douglas N. Higgins, Inc., Project Number 73086. 12) Recommendation to Award Contract 06-3972 to Tele-Works, Inc. for Purchase of the Utility Billing Interactive Voice Response Software System and Approval of an Ongoing Maintenance Agreement in the total amount of $230,400. To provide more efficient customer service to the water, wastewater, irrigation quality water, and solid waste rate payers D. PUBLIC SERVICES 1) Recommendation to approve Naples Wholesale Bait as a sole source supplier oflive bait for resale at Caxambas Park, with an estimated Fiscal Year 2007 expenditure of $86,000, and approve a seven day payment schedule. To continue to offer live bait shrimp for resale to the patrons of the park 2) Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of$7,722 in the Alzheimers Disease Initiative program. To provide case management and facility respite services to Collier County's frail elderly 3) Recommendation to award Bid # 06-4020 for printing of the Collier County Parks and Recreation Departments Recreation Guide to Sunbelt, Inc. at an estimated cost of $75,000. To print the Recreation Guide, three (3) times a year 4) Recommendation to recognize additional revenue in the amount of $37,475 and approve a budget amendment to the Social Services Administration budget. To provide case management services, community outreach and support of the HUD continuum of care program in Immokalee 5) Recommendation to authorize the Chairman to sign the agreement Page 16 September 26, 2006 between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. and approve budget amendments to reflect an overall increase of$83,159 in the Community Care for the Elderly program. For uninterrupted support services 6) Recommendation to authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. for the Home Care for the Elderly grant in the amount of $1 04,787 and approve the budget amendment. Requires no local matching funds 7) Recommendation to approve Work Order No. CT-02-18 with The Chris- Tel Company in the amount of $187,942.00 for restoration and rehabilitation of the Church building at Roberts Ranch in Immokalee, using County Contract No. 02-3349, General Contractors Services. At the Immokalee Museum 8) Recommendation to approve a budget amendment in the amount of $24,756 to recognize revenue received from the collection of co- payments from the Collier County Services for Seniors program. Funds to pay for additional service hours 9) Recommendation to approve a budget amendment in the amount of $42,142.26 to recognize additional revenue in the Older Americans Act Title III-B budget for FY 06. Additional revenue from in-home services and transportation to seniors in Collier County E. ADMINISTRATIVE SERVICES 1) Recommendation to award RFP#06-3983 to CBSA, Inc. for Group Health Third Party Administration Services in the amount of $392,875. To begin January 1, 2007 2) Recommendation to award RFP#06-3995 to The J. D. Allen Group, Inc. for Employee Assistance Services. Annual cost based upon 2100 participating employees at $1.46 per Page 17 September 26, 2006 employee per month is $36,792 3) Recommendation that the Board of County Commissioners approves award of Bid 06-4032, Fleet Management -Sublet/Parts Bid for Collier County as stated on the attached vendor award sheet. Costs are expected to exceed $200,000 annually 4) Recommendation to approve and execute the attached First Amendment to Tower Option and Lease Agreement Deed to Lessor and Termination of Agreement from New Cingular Wireless PCS, LLC d/b/a Cingular Wireless concerning the County-owned communications tower at the County Barn. Termination date is September 1, 2006 with a $26,595.20 penalty for early termination 5) Recommendation to approve and execute the attached Lease Agreement with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for additional temporary office space for the Office of the Public Defender at a first years annual rent of $17,099, Project 52004-1. During construction of the new Courthouse Annex 6) Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation insurance, and related services for FY 2007. 7) Recommendation that the Board of County Commissioners approves award of Bid 06-4024 Tire Services to Collier Tire & Auto Repair. Annual expenses estimated to exceed $30,000 for tire services and $19,000 for new tire purchases 8) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the third quarter of FY 06. Moved to Item #10M 9) Recommendation to spend $150,000 on the first stage of a multi- stage, multi-year effort to standardize the processes involved with the delivery of Capital Projects and to implement a computer system to Page 18 September 26, 2006 assist County Project Managers, Project Number 75006 10) Request that the Board of County Commissioners authorize the disposal of assets no longer deemed to serve a useful function or to have commercial value. 11) Recommendation to approve budget amendment for $362,263.14 to cover expended funds for the Naples Jail and Parking Garage Project No. 52008. F. COUNTY MANAGER 1) Recommend approval and authorize the Chairman to sign Tourism Agreements with The Childrens Museum of Naples, Inc. ($175,000), Naples Art Association, Inc ($38,000) and Naples Botanical Garden, Inc. ($112,550) To promote tourism in Collier County 2) Recommendation to approve the proposed changes to the Bylaws of the Emergency Medical Services Advisory Council and authorize the County Attorney to prepare an Amendment to Ordinance No. 02-39. To a report to the BCC every four years 3) Recommendation to approve procedures for managing miscellaneous receivables. Resolution 2006-252 4) Recommendation to Authorize the Issuance of a $29,532.05 Reimbursement Check Payable to the Department of Community Affairs for Excess Funds Received by Collier County in Response to Tropical Storm Gabrielle. For repairs to a gasoline dispenser pump at Caxambas Boat Launch 5) Recommendation to approve an Agreement between Collier County and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical Examiner dba District Twenty Medical Examiner, Inc. to provide medical examiner services for Fiscal Year 2007 at a cost of $955,500. G. AIRPORT AUTHORITY AND/OR COMMUNITY Page 19 September 26, 2006 REDEVELOPMENT AGENCY 1) Recommendation for the Collier County CRA Board to approve a CRA Resolution to amend the Bayshore Gateway Triangle CRA Site Improvement Grant program for FY2007 funding cycle, and approve the amended form of the CRA Grant Agreement. (CRA) Resolution 2006-253 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the NAACP 24th Annual Freedom Fund Banquet on October 28th, 2006 at the Elks Lodge, Naples; $60.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC's Excellence in Industry Awards Gala, Thursday, September 14th, 2006, at the Naples Beach and Golf Club; $150.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the EDC's Excellence in Industry Awards Gala's Dessert Reception, Thursday, September 14th, 2006, at the Naples Beach and Golf Club; $25.00 to be paid from Commissioner Coletta's travel budget. 4) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Southwest Florida Workforce Development Board's Annual Awards Dinner on September 15, 2006 at the Sanibel Harbor Resort and Spa; $25.00 to be paid from Commissioner Coletta's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 20 September 26, 2006 1) That the Board Authorizes the Transfer of Additional Funds Collected in Fund (175), Juvenile Assessment Center, to the Clerk of the Circuit Court to be used for the Operation of the Juvenile Assessment Center For juvenile alternative programs and to support teen court programs K. COUNTY ATTORNEY 1) Recommendation to authorize the making of an Offer of Judgment to Respondent, Ali R. Ghahramani MD Investment Limited Partnership, for Parcels 815 and 915 in the amount of$7500.00 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC, et aI., Case No. 05-l091-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $1750.00). Located on the east side of CR 951, 300 feet south of Lord's Way 2) Recommendation to authorize the making of an Offer of Judgment to Respondent, Centrex Corporation, Ltd., for Parcels 716, 816, 916, 814 and 914 in the amount of $65,400.00 in the lawsuit styled Collier County v. Centrex Corporation, Ltd., et aI., Case No. 05-1 129-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $11,050.00). Located on the east side of CR 951, near the intersection of Rattlesnake Hammock Road 3) Recommendation to authorize the making of an Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the amount of $19,300.00 in the lawsuit styled Collier County v. Duffield W. Matson, III, et aI., Case No. 05- 1054-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $4,150.00). Located on the south side of Lord's Way, near the intersection of CR 951 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 804 in the lawsuit styled CC v. James M. Brown, et aI., Case No. 06-0525-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $28,500.00) 5) Recommendation that the Board of County Commissioners Approve Page 21 September 26, 2006 the Proposed Agreed Motion for an Agreed Order For Expert Fees and Costs Relating to Parcel26P in the lawsuit styled Board of County Commissioners v. Collier HMA, Inc., et aI., Case No. 06- 0013-CA, CR-95l Water Transmission Main Project #70152. (Fiscal Impact: $38,636.25). For a permanent utility easement located at the northwest corner of US 41 East and CR 951 6) Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parce1126 in the lawsuit styled Collier County v. North Naples Fire Control & Rescue District, et aI., Case No. 02-1702-CA (Goodlette-Frank Road Project No. 60134). (Fiscal Impact $23,435.00) 7) Approve Special Magistrate Agreements and authorize payment for Special Magistrate Services for Value Adjustment Board Hearings for Tax Year 2006. For conducting hearings on petitions for the 2006 Tax Year 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 VPLA T-2006-AR-9422 Louise Penta to disclaim, renounce and vacate the Countys and the Publics interest in a portion of a 10 drainage easement lying within lot 1, plat of Lely Barefoot Beach Unit 2 as recorded in Plat Book 15, Page 71 and 72 of the Public Records Collier County, Florida. Page 22 September 26, 2006 Resolution 2006-254 Continued to October 10, 2006 BCC Meeting B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Section 74-202 of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for a change in the time period allowed for requesting an impact fee reimbursement, consistent with limitations set forth by the Florida Statutes. C. Request the Board of County Commissioners to set a public hearing date of December 12, 2006 for consideration of a Development of Regional Impact Development Order amendment for petition DOA-2005-AR-8543, Pine Air Lakes, located along the west side of Airport-Pulling Road, parallel to and approximately 1,600 feet north of Pine Ridge Road; and along both sides of Naples Boulevard, in Section 11, Township 49 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 23 September 26, 2006