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Recap 09/21/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì' ""~ '^, - ( - ·""~~<;".a, M"~':;¡;~ AGENDA September 21, 2004 9:00 AM Donna Fiala, Chairman, District 1 Fred W. Coyle, Vice-Chairman, District 4 Frank Halas, Commissioner, District 2 Tom Henning, Commissioner, District 3 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, 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 EXPLANA TION 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 1 September 21, 2004 WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes 5/0 B. July 26, 2004 - Value Adjustment Board Minutes Approved as presented 5/0 C. July 27, 2004 - BCC Regular Meeting Minutes Approved as presented 5/0 D. August 11,2004 - BCC/Emergency Meeting-Hurricane Charley Briefing Approved as presented 5/0 E. August 12,2004 - BCC/Emergency A.M. Meeting-Hurricane Charley Briefing 2 September 21, 2004 Approved as presented 5/0 F. August 12,2004 - BCC/Emergency P.M. Meeting-Hurricane Charley Briefing Approved as presented 5/0 G. August 14,2004 - BCC/Emergency Meeting-Hurricane Charley Briefing Approved as presented 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Presented A. 20 Year Attendees 1) Judi Bodine, County Manager Administration B. 25 Year Attendees 1) Robert Lester, Parks and Recreation C. 30 Year Attendees 1) Curtis Anderson Sr., Transportation Road Maintenance 4. PROCLAMATIONS A. Proclamation to designate the week of September 20-24, 2004 as Industry Appreciation Week. To be accepted by Tammy Nemecek, Executive Director of the Economic Development Council. Adopted 5/0 B. Proclamation to designate the month of September 2004 as Childhood Cancer& Blood Disorder Awareness Month. To be accepted by Klair Snellbaker, Executive Director of Candlelighters of Southwest Florida. Adopted 5/0 C. Proclamation to recognize Tim Rudzitis for his kind and generous deed of donating bone marrow. To be accepted by Tim Rudzitis. Adopted 5/0 D. Proclamation to recognize Ms. Laurie Andrea, A Citizen Volunteer, Mr. John Martin, Costco Store Manager, and Major Terry Woods on behalf of the Hendry County Sheriffs Office for their humanitarian efforts for 3 September 21, 2004 the disaster victims of Hurricane Charley. Adopted 5/0 5. PRESENTATIONS A. Recommendation to recognize Al Madsen, Coastal Inspector as "Employee of the Month" for August 2004. Recognized 6. PUBLIC PETITIONS A. Public Petition Request by James Ciolino to discuss beach access on Marco Island. To be placed on the October 26, 2004 BCC agenda with the County Attorney's recommendations B. Public Petition Request by Connie Stegall-Fullmer, President, Goodland Preservation Coalition, Inc., to discuss interlocal agreement between Marco City and Collier County. Regarding Collier County's ownership of County Road 92A- to be brought back for discussion. 7. BOARD OF ZONING APPEALS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. CU-2003-AR-3648: Stuart Kaye, of Kaye Homes, Inc., requesting Conditional Use #9 in the "E" Estates zoning district, per LDC Sections 2.2.3.3.9., and 2.6.33.4. to continue the existing land use as a model home and sales center for five years on 2.57± acres located at 910 Oakes Boulevard, further described as the south 165 feet of Tract 28, Golden Gate Estates, Unit 96, in Section 32, Township 48 South, Range 26 East, Collier County Florida. Resolution 2004-285 Adopted 5/0 B. This item bein2 continued indefinitely. CU-2003-AR-4978, Pamela Stewart, Esquire, representing Julio Del Risco, requesting Conditional Use 6 of the RMF-12 zoning district for a Congregate Care Facility. The property is located at 4470 Golden Gate Parkway, further described as Lot 16 and the west half of Lot 17, Golden Gate Unit 3, Block 81. The 4 September 21, 2004 property is in Section 27, Township 49 South, Range 26 East, Collier County, Florida, consisting of .34+ acres. 8. ADVERTISED PUBLIC HEARINGS Continued to the October 12, 2004 BCC Meeting A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the June 22, 2004 BCC Meeting. PUDZ-03-AR-3561, Hiwasse, Inc., represented by Robert Duane of Hole Montes, Inc., requesting a rezone from Rural Agricultural (A) to Planned Unit Development (PUD) to be known as the Hiwasse PUD to allow for a professional office, or indoor self storage, or a combination thereof for property located on the west side of Livingston Road, and approximately one-quarter mile south of Pine Ridge Road (CR-896) in Section 13, Township 49S, Range 25E. B. Adopt a Property Maintenance Code for the both residential and non- residential properties within the unincorporated area of Collier County, Florida; providing for minimum housing and building maintenance standards; providing for rental unit registration and inspection; providing for the minimal maintenance of vacant and boarded up properties, including limitations on the amount of time a vacant property can be boarded; providing a method for designating hazardous buildings and standards for the repair or demolition of hazardous buildings; and repealing ordinances 76-70, 89-06, 96-76 and 99-58. Ordinance 2004-58 Adopted 5/0 C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: DRI-03-AR- 4777, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting an amendment to the Pelican Bay Development of Regional Impact (DRI), to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units for property located at the northwest quadrant of the intersection of Tamiami Trail (US-41) and 5 September 21, 2004 Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. (Companion Item: PUDA-03-AR-4008) Resolution 2004-286 / Development Order 2004-01 Adopted w/ stipulations 3/2 (Commissioner Fiala and Coyle opposed) D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-03-AR- 4008, C. Laurence Keesey, representing Waterside Shops at Pelican Bay Trust and WCI Communities, Inc, requesting a rezone from Planned Unit Development (PUD) to Planned Unit Development (PUD) for the purpose of revising the PUD document to relocate 121,000 square feet of approved, but not yet constructed and uncommitted commercial use from the North Commercial Area to the South Commercial Area, reduce the approved maximum number residential dwellings by 800 units to a new maximum of 7,800 residential dwelling units within the Pelican Bay PUD located at the northwest quadrant of the intersection of Tamiami Trail (US-41) and Seagate Drive in Sections 32 and 33, Township 48 South, Range 25 East, and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East Collier County, Florida. (Companion Item: DOA-03- AR-4777) Ordinance 2004-59 Adopted w/ stipulations 5/0 E. Recommendation to adopt a resolution designating Stewardship Sending Area 5 (SSA 5) within the Rural Lands Stewardship Overlay District (RLSA) including an SSA Credit Agreement and Perpetual Stewardship Easement in response to an application by Barron Collier Investments, Ltd. Resolution 2004-292 Adopted 5/0 Continued Indefinitely F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the June 22, 2004 BCC Meeting. PUDZ-2002-AR- 3411 Carl M. Nagel, managing partner ofCDN Properties LLC, and Thomas Craig, Craig Construction and Restoration, Inc., represented by Robert J. Mu1here, AICP, ofRW A, Inc, and R. Bruce Anderson of Roetzel and Andress requesting a rezone from Agricultural (A) to Planned Unit Development (PUD) for a project to be known as the 6 September 21, 2004 G. Added H. Nagel-Craig Business Park PUD to allow a maximum of 417,000 square feet of business park land uses in buildings not to exceed 42 feet in height on 37.5± acres of property located on the west side of Collier Boulevard approximately ~ mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR- 5211, Naples Golf Development, LLC, Naples South, LLC; and Naples Golf Club South LLC, represented by Robert Duane, AICP, of Hole Montes, Inc, requesting a rezone from "PUD" Planned Unit Development known as Boyne South PUD to "PUD" Planned Unit Development to be known as Boyne South PUD by revising the PUD document and Master Plan to change the permitted use of Tract B from Commercial/Motel to allow for 34 multi-family units and eliminate the 64 motel units; increase the number of dwelling units from 154 to 171 dwelling units; change the permitted use of the existing Tract "D" from multi-family to single family; provide for a new access point east of the existing access road; reduce the size of the golf course tract from 152 acres to 148 acres; and increase the size of the residential area from 54 acres to 58 acres. The property is located on the south side of US 41, five miles east of Collier Boulevard (C.R. 951), in Section 20, Township 51 South, Range 27 East, Collier County, Florida, consisting of 242.35± acres. Ordinance 2004-60 Adopted 5/0 An emergency ordinance of the Board of County Commissioners of Collier County, Florida, extending the effective date of Ordinance 2004- 41, which re-codified the Collier county Land Development Code, to October 18, 2004, due to unforeseen circumstances and providing for an effective date. Ordinance 2004-61 Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore/Gateway Triangle Local Redevelopment Advisory Board. Resolution 2004-287 appointing Karen L. Beatty Adopted 5/0 7 September 21, 2004 B. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2004-288 appointing Heidemarie Kulpa Adopted 4/1 (Commissioner Henning opposed) C. Appointment of members to the Immokalee Enterprise Zone Development Agency. Resolution 2004-289 appointing Robert W. Soter, Sonya L. Tuten, Cristina Perez, Richard Heers Adopted 5/0 D. Appointment of member to the Contractors' Licensing Board. Resolution 2004-290 appointing Michael Boyd Adopted 5/0 E. Appointment of member to the Emergency Medical Services Advisory Council. Resolution 2004-291 re-appointing John Dowd and approving Judith Nuland representing the Collier County Health Department Adopted 5/0 Withdrawn F. Discussion regarding Florida Association of Counties (F AC) Select Medicaid Reform Workgroup (Commissioner Coletta). G. H. Added I. Discussion regarding the possibility of sending a Commissioner to accompany the Economical Development Council (ED C) to Poland as a County ambassador in support of their effort to entice business to the Immokalee Trade Port as part of the Economic Stimulus Program. Approved 5/0 Board consideration and direction relating to post disaster replacement and repair of dune walkovers during sea turtle nesting season. (Commissioner Halas) Approved 5/0 Commissioner Henning's request for Board approval for payment to attend function serving a valid Public Purpose. EDC Excellence in Industry Awards, Cocktail Reception, September 23,2004 at Naples Philharmonic Center. Fiscal impact $100.00 to be paid from 8 September 21, 2004 ".~--_.- Commissioner's travel budget. Approved 5/0 10. COUNTY MANAGER'S REPORT A. A request for direction from the Board of County Commissioners regarding procedures for a forthcoming amendment to the Cocohatchee Bay PUD. The amendment is for the purpose of making changes to the Bald Eagle Management Plan. (Joe Schmitt, Administrator, Community Development and Environmental Services) Recommend to send it back through the EAC and CCPC amending the Bald Eagle Management - 4/1 (Commissioner Halas opposed) B. "Approval of this Agreement by the County Manager is subject 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 by that Board." Recommendation to ratify Emergency Purchase Orders issued by the Public Utilities Division for the collection, transportation and processing of Hurricane Charley related biomass, for the rental of emergency equipment used by the Wastewater Department for hurricane activities and for the approval of related budget amendments in the estimated amount of $1 ,937,500. Approved 5/0 C. Staffupdate to the Board of County Commissioners on the status of requests for exemptions and variances to the Land Development Code for Center Point Community Church, Carson Lakes Phase II and Naser Medical Office continued from the July 27,2004 Board of County Commissioners meeting. (Joe Schmitt, Administrator, Community Development) Update D. This item continued from the July 27.2004 BCC Meetin2. Recommendation to review a proposal from Southwest Heritage, Inc., to lease the Naples Depot as a branch facility of the Collier County Museum. Direct Staff to work with Southwest Heritage and return review to the BCC- Approved 3/2 (Commissioners Halas and Henning opposed) 9 September 21, 2004 E. Recommendation to Approve Three (3) Tourist Development Category "C-2" Grant Applications and Three (3) Tourism Agreements for Naples Botanical Garden $217,650; The Conservancy of SW Florida $100,000; City of Naples $50,000; Totaling $367,650 for FY 05, and Direct Staff to Prepare Amendment to Ordinance 92-60 as Amended to Include Municipally-Owned Museums for C-2 Grants. Approved- 3/2 (Commissioners Halas and Henning opposed) F. Recommendation to approve Guaranteed Maximum Price (GMP) of $53,802,645 for Contract No. 013189, Article #1, Exhibit J to Kraft Construction Company, Inc. for the construction of North Naples Regional Park, Project 80602. Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS Ken Thompson 12. COUNTY ATTORNEY'S REPORT Withdrawn A. Discussion in regards to the City of Naples invoking the Governmental Conflict Resolution regarding the Golden Gate Parkway/Airport Road overpass. Added B. Recommendation that the Board of County Commissioners approve a budget amendment request for purposes of funding the previously approved settlement of the Aquaport cases. Approved-5/0 13. OTHER CONSTITUTIONAL OFFICERS A. Request approval of a budget amendment transferring funds from general fund reserves to the Sheriffs Office budget. (Total $2,500,000.00) Motion to continue discussion at the September 23, 2004 Final Budget Meeting- Approved 4/1 (Commissioner Halas opposed) 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 10 September 21, 2004 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. David Weigel regarding the school impact fees settlement B. County Manager Jim Mudd's discussion of the Fiscal Committee C. Commissioner Coyle regarding County Expenditures D. County Manager Mudd regarding the annexation of Ruffina and the CRA E. County Manager Jim Mudd's comments on the CRA and general fund money F. County Manager Mudd regarding the cancellation of the Policy Meeting for Fact, to be held November 5, 2004 G. The Board of County Commissioner's upcoming schedule H. Commissioner Henning regarding the rescheduling of Nagel-Craig Business Park and the Growth Management Plan I. Commissioner Fiala's comments on Collier County billboards J. Commissioner's discussion on buried power lines ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with changes 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve for recording the final plat of "Veronawalk Phase 2A", and approval of the standard form Construction and Maintenance Agreement and approval of the amount 11 September 21, 2004 of the performance security. w/stipulations 2) Recommendation to approve final acceptance of water utility facilities for Hibiscus Pointe at Carlton Lakes. w/release of Utilities Performance Security 3) Recommendation to approve final acceptance of water and sewer utility facilities for Carlton Lakes Boulevard. w/release of Utilities Performance Security 4) Recommendation to approve a $120,000 change order to amend the existing contract with Tomasello Consulting Engineers, Inc. for expansion of the limits of the County's FEMA-related Base Flood Elevation study. 5) Recommendation to approve final acceptance of water and sewer utility facilities for Cocohatchee Nature Center. w/release of Utilities Performance Security 6) Recommendation to approve final acceptance of water and sewer utility facilities for Olympia Park. w/release of Utilities Performance Security 7) Recommendation to approve final acceptance of water and sewer utility facilities for The Club Estates. w/release of Utilities Performance Security 8) Recommendation to approve final acceptance of water utility facilities for Regency Reserve at The Vineyards. w/release of Utilities Performance Security 9) Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 2A. w/release of Utilities Performance Security 10) Recommendation to approve for recording the final plat of "Pine Air Lakes Unit Five", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the 12 September 21, 2004 performance security. w /stipulations 11) Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Multi-Family. w/release of Utilities Performance Security 12) Recommendation to approve final acceptance of sewer utility facilities for Banyan Woods Single Family (Subdivision). w/release of Utilities Performance Security 13) Recommendation to approve for recording the final plat of "Pebblebrooke Lakes Phase IV", and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 14) Recommendation to approve final acceptance of water and sewer utility facilities for Ibis Cove Phase 2B. w/release of Utilities Performance Security 15) Recommendation to grant final approval of the roadway (private), drainage, water and sewer improvements for the final plat of "Club Estates". The roadway and drainage improvements will be privately maintained; the water and sewer improvements will be maintained by Collier County. Resolution 2004-258 16) Recommendation to approve for recording the final plat of "Mandalay", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 17) Recommendation to approve Modification #1 to the Residential Construction Mitigation Program State Funded Grant Agreement. Will extend the term of the grant to November 30, 2004 allowing adequate time for improvements to nine (9) qualifying households. 13 September 21, 2004 ^-_..,_._"-_._-~...._..- 18) Recommendation to approve a resolution certifying that projects completed by Immokalee Non-Profit Housing Inc. are consistent with local plans and regulations. Resolution 2004-259 19) Recommendation to approve Collier County's Community Development Block Grant (CDBG) program and HOME Investment Partnerships (HOME) program year 2003-2004 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD), and authorize the Board of County Commissioners Chairman to certify the CAPER for submission to HUD. As detailed in the Executive Summary 20) Recommendation to authorize the County Manager or the Community Development and Environmental Services (CDES) Division Administrator to accept the Fiscal Year 2003 United States Department of Housing and Urban Development Supportive Housing Grant Agreement, Project # FLI4B30-6001, execute all Grant Sub- recipient agreement (s), provide an effective date and approve all necessary budget amendments. As detailed in the Executive Summary 21) Recommendation to approve for recording the final plat of "Grand Lely Drive and Lely Cultural Parkway", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 22) Recommendation to approve seven Satisfactions of Liens for Code Enforcement Board Case Nos.: 2001-079,2002-001,2004-003,2003- 005,2003-006,2001-001 and 2004-020. As detailed in the Executive summary 23) Recommendation to approve Lien Resolutions for the following Code Enforcement Case Numbers: 2003120886/Reece Est., Annie Earl, 2004030081/ Jules, Josue & Tercilia, 2004030533/ Anderson, Bobbie & Randolph, 2004010483/ Montes, Lillian, 2004011198/ Reece Est., Annie Earl, 2004030804/ Dominguez, Et AI. John R, 2004030990/ 14 September 21, 2004 Miranda, Guido, 2004041022/ Munoz, Margarita, 2004030055/ Trevino, Francisco, 2004050829/ Faccone, Joseph, 2004050826/ Cavataio, Salvatore & Antoinette, 2004050746/ Fenton, Bonnie, 2004051406/ Pretschold, E.H. & Catherine L, 2004050506/ Galloway, Barbara, 2004050796/ Tausch, Valarie S., 2004010906/ Lewis Tr. Evelyn G., 2004050825/ Tremblay, Claudette and 2004051063/ Jules, Josue & Tercilia. Resolution 2004-260 through Resolution 2004-277 24) Recommendation to approve an agreement between Collier County and the Economic Development Council of Collier County (EDC) for continuation of the Economic Diversification Program and provide a contribution to the EDC of up to $400,000 for fiscal year 2004-2005. 25) Recommendation to authorize the Chairman to sign a Florida Department of Agriculture and Consumer Services' grant proposal for $12,855 (of which $6,355 will be reimbursable) to fund a native tree planting demonstration project on the Conservation Collier Visnich property, and to sign a resolution authorizing the Community Development and Environmental Services Division Administrator to enter into an Urban and Community Forestry (U&CF) Grant Memorandum of Agreement and an U&CF Grant Maintenance Memorandum of Agreement between Collier County and the Florida Department of Agriculture and Consumer Services upon receipt of the grant award. Resolution 2004-278 26) Recommendation to approve an Interim Management Plan for the Visnich property under the Conservation Collier Land Acquisition Program. Final plan to be presented within two (2) years 27) Recommendation to execute the annual Certification for Implementation of Regulatory Reform Activities. As detailed in the Executive Summary 28) Recommendation that the Board of County Commissioners accept the Quarterly Report on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure 15 September 21, 2004 Investment Program. From February 19,2004 through June 1, 2004 B. TRANSPORTATION SERVICES 1) Recommendation to approve County Wide Sidewalk Project Change Orders for #1 East Naples Area in the amount of$20,883.16 and Change Order for the #4 Immokalee Area in the amount of $16,979.00 to Cougar Contracting Specialities, Inc. As detailed in the Executive Summary 2) Recommendation to approve a budget amendment to recognize grant revenue received from the Florida Communities Trust, Florida Forever Grant in the amount of$I,007,700 and appropriate within the Lely Mitigation and Livingston Greenways Projects. 3) Recommendation to approve a Work Order # PBS - 02 - 38 for the installation of School Bus Shelters in Golden Gate Estates to Professional Building Systems, in the amount of $111,160 with Contingency. 4) Recommendation to approve a Developer Contribution Agreement related to the acquisition of right-of-way required for the construction of improvements to Rattlesnake Hammock Road between Polly A venue and Collier Boulevard consistent with the Development Commitments of the Mandalay PUD - Project No. 60169 - (Fiscal Impact: $680.00) 5) Recommend to approve a landscape installation and maintenance agreement between Calusa Bay Master Homeowners Association and Collier County for landscaping within the right-of-way on Goodlette- Frank Road. 6) Recommend to award bid #04-3654R, Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) median landscape improvement construction project to Vila and Son Landscaping, Inc. in the amount of $679,395.20. 7) Recommend Board's approval of Adopt-A-Road Agreements (5) for 16 September 21, 2004 the following: Royal Palm Academy, Metlife Financial Services, Men's Brotherhood of Mayflower United Church of Christ, Paradise Coast Pilot Club and T.G.I. Friday's. As detailed in the Executive Summary C. PUBLIC UTILITIES 1) Recommendation to approve the transfer of funds from the previous South County Regional Water Treatment Plant construction contract to the new construction contract in the amount of$3,192,049.66 within the same Water Impact Fee Fund. Contract with Wharton-Smith, Inc. to facilitate the County's ability to meet peak potable water demand in the 2005 winter season and beyond. 2) Recommendation to award a Sole Source Purchase Order for Return Activated Sludge Pumps and Waste Activated Sludge Pumps for the North County Water Reclamation Facility to the Ellis K. Phelps Company in the estimated amount of$75,637.00. To improve wastewater system reliability that is consistent with the 2003 Master Plan Update 3) Recommendation to approve Satisfactions of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. Fiscal impact is $130.00 to record the Satisfactions of Lien. (Total of 13 Liens) As detailed in the Executive Summary 4) Recommendation to approve work Order HS-FT-04-04 under 00-3119 - Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $285,31 0 for Engineering Service for the design of Lime Softening Fourth Reactor, Project 71001. To introduce lime and other chemicals into the water pumped from the ground to soften it prior to further treatment, resulting in a higher quality end product. 5) Recommendation to approve partial transfer of funding source for the Lime Softening Fourth Reactor in the amount of $136,000 for the design and permitting from Water User Fees Project 710011 to Water 17 September 21, 2004 Impact Fees Project 710012. 6) Recommendation to award Bid #04-3695 - "Annual Contract for Sodium Hypochlorite Solution" to Allied Universal Corp. in the estimated annual amount of $500,000.00. To control odor caused by hydrogen sulfide and organic gasses at the water and wastewater facilities. 7) Recommendation to adopt a Resolution and approve a Declaration of Easement for additional well site easements within property acquired for a future park at an estimated cost not to exceed $28,454, Project 710111. Resolution 2004-279 8) Recommendation to approve a Purchase Agreement and accept additional well site easements from Olde Florida Golf Club, Inc., at a cost not to exceed $6,150, Project 710111. 9) Recommendation to Grant a Conservation Easement to the Florida Department of Environmental Protection for the Livingston Road Aquifer Storage & Recovery site at a cost not to exceed $50.00, Project 74030. 10) Recommendation to approve purchase orders for the Loan Procurement Services from the Florida Department of Environmental Protection (FDEP) to Angie Brewer and Associates (ABA) in excess of $25,000 under Sarasota County Contract 2003-040 for Goodlette Frank Road Force Main Project 72002, Pump Station 103 Project 73945 and for Goodlette Frank Road Reclaimed Water Main Project 74077. (Total $60,671) As detailed in the Executive Summary D. PUBLIC SERVICES 1) Request for the Board of County Commissioners to Approve the Acceptance of Donated Funds to offset the "Independence Day" Expenses Approved by the Board on March 9,2004. 2) Recommendation to approve the Library's State Aid Application and 18 September 21, 2004 accept the Long Range Plan, including the Current Year Action Plan and Technology Plan. (FY05 Grant Revenue of$320,000.) As detailed in the Executive Summary 3) Recommendation to Continue Grant Agreement in the Amount of $10,000 Between the University Extension Department, Collier County Board of Commissioners, and the Empowerment Alliance of Southwest Florida for the Purpose of Providing Homeowner Educational Programming in Immokalee. To continue to effectively promote homeownership opportunities and to prepare residents and workers for homeownership. 4) Recommendation to recognize additional revenue in the amount of $2,569 and sign the budget amendment to increase the Retired Senior V olunteer Program (RSVP) budget. 5) Recommendation to approve the Black Affairs Advisory Board to hold a voter registration rally in Anthony Park on September 25, 2004. To assist in increasing minority voter participation during the 2004 election year. 6) Recommendation to approve an Agreement for Landscape Services with TECH of Collier County (Estimated Budget of $33,800). To provide clean and safe facilities through the use of contracted services. E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the Advisory Committees Outstanding Members Service Award Program. Resolution 2004-280 2) Approve a Budget Amendment to appropriate Building Maintenance Special Service revenues totaling $90,000 and Security Special Service revenues totaling $13,500 for reimbursement of personal and operating expenses in Fiscal Year 2004. 3) Recommendation to approve additions to and deletions from the 2004 19 September 21, 2004 Fiscal Year Pay and Classification Plan made from August 2, 2004 through September 3, 2004. Due to a resignation and reclassification 4) Recommendation to approve the award of Bid #04-3709 in the amount of $942,430.00 for a Construction Contract with Brooks & Freund, LLC for the construction of Emergency Medical Services (EMS) facility No. 19. Construction located on Santa Barbara Boulevard. 5) Recommendation to approve the award of Bid #04-3694 in the amount of$233,839.00 for a Construction Contract with Surety Construction Company, Inc. for the remodeling of the Collier County Clerk's MIS office located on the 5th floor of Building F. To increase the functionality of the allocated floor area in order to accommodate more employees. 6) Recommendation to approve a budget amendment to increase appropriations for personnel and operating costs in Fleet Management Fund 521 in the amount of$155,800 ($25,000 for personnel costs and $130,800 for fuel costs). 7) Recommendation to award a contract for Architectural Services in the amount of $670,000.00 to Victor J. Latavish Architect, P A for the design of the new Sheriffs Special Operations Facility, Contract # 03- 3550. Located at the Naples Airport 8) Recommendation to Approve Contracts for RFP 04-3614 "Fixed Term Landscape Architectural Services." (Dollar amount of contract estimated at $600,000 annually) As detailed in the Executive Summary 9) Report and ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled by the Risk Management Director during the period April 1, 2004 through June 30, 2004 pursuant to Resolution # 2004-15. As detailed in the Executive Summary 20 September 21, 2004 10) Recommendation to approve the award of Bid #04-3658 in the amount of $376,000.00 for a Construction Contract with EHC, Inc. for the remodeling of the Collier County Medical Examiner's Facility. To correct the air quality and autopsy room odor problems. Facility located at 3838 Domestic A venue, Naples, Florida F. COUNTY MANAGER 1) Summary of Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. Per Resolution Number 2000-149, "Approval of this Agreement by the County Manager is subject 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." As detailed in the Executive Summary 2) Approve a Budget Amendment for the Ochopee Fire Control District Transferring Funds from Reserves for Contingencies to Regular Salaries in the amount of $65,000. 3) Recommendation to Affirm the Letter of No Objection Relative to the Annexation ofHorr's Island (Key Marco) into the City of Marco Island. As detailed in the Executive Summary 4) Recommendation to Approve an Interlocal Agreement for the Provision of Beach Renourishment, Maintenance and Stabilization Services in the Hideaway Beach Section of Marco Island. 5) 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 2005 at a cost of $804,400. 6) Request the Board of County Commissioners approve a budget amendment recognizing and appropriating a $11,765.00 donation from the American Heart Association in the Emergency Medical 21 September 21, 2004 Services Find (490). For the purchase of Automated External Defibrillators 7) Approve an Agreement between Collier County and Naples Community Hospital for use of the Medical Examiner Facility to Conduct Autopsies. 8) Recommendation to Approve Tourism Agreements Between Collier County and Equinox Documentaries Inc for Television Program Production. G. AIRPORT AUTHORITY AND/ORBAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY 1) Approve a budget amendment for $18,800 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Jim Coletta's request to represent the County at the NAACP Annual Freedom Fund Banquet and Silent Auction on October 16, 2004 as a valid public purpose. Held at the Elks Lodge, 3950 Radio Road, Naples, at a cost of $55.00 to be paid from Commissioner Coletta's travel budget. 2) For the Board of County Commissioners to declare a valid public purpose for Commissioner Henning to attend the RSVP 2004 Summer Recognition Luncheon on August 26, 2004. $25.00 to be paid from Commissioner Henning's travel budget. Held at the Naples Bath and Tennis Club 3) Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Attended RSVP of Collier County's 2004 Summer Recognition Luncheon on August 26,2004 at the Naples Bath & Tennis Club; $25.00 to be paid from Commissioner Halas' travel budget. 4) Commissioner Coletta requests reimbursement of$15.00 as a valid 22 September 21, 2004 public purpose for attending the "Leadership Collier Kick Off' in honor of the class of 2005 on September 8, 2004. Held at the Naples Beach Hotel and Golf Club 5) Commissioner Fiala's request for Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Leadership Collier Kick Off on September 8, 2004 at the Naples Beach Hotel & Golf Club; $15.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala's request for Board approval for reimbursement to attend a function serving as a valid public purpose. Attend NAACP's 22nd Annual Freedom Fund Banquet & Silent Auction on Saturday, October 16,2004, at the Elks Club on Radio Road; $55.00 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Coletta requests Board approval for reimbursement to attend a function serving a valid public purpose. Attending the United Way of Collier County 2004 Campaign Kickoff Breakfast on September 29,2004. $20.00 to be paid from Commissioner Coletta's travel budget. To be held at the Naples Beach Hotel & Golf Club I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Request approval of a budget amendment transferring funds to the Sheriffs Office for payment of county impact fees for the sprung structures (tents) to be erected at the Immokalee Jail Center. (Total $35,590.44) 2) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. A copy of the Detailed Report is on display in the County 23 September 21, 2004 --<...~-,-_.._..- ._.,~ Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples. For the period from May 29, 2004 through September 3, 2004 K. COUNTY ATTORNEY 1) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Richard McPhillips and Denise McPhillips, for Parcels 129 and 729 in the Amount of $10,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03-2273-CA (Golden Gate Parkway Project #60027). 2) Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Business Damage Expert Fees for Parcel 112 in the Lawsuit Styled Collier County v. Norma E. Banas, et. aI., Case No. 02-5137-CA (Immokalee Road Project #60018). Payment of $4,450.00 to the Gaylord Merlin Ludovici Diaz & Bain Trust Account on behalf of the property owners. 3) Recommendation that the Board of County Commissioners Approve the Stipulated Final Judgment Relative to the Acquisition of Parcel 118 in the Lawsuit Styled Collier County v. Jack E. Green, et al., Golden Gate Parkway, Project #60027. Payment of $11,000.00 to be paid to Respondents, Richard L., James E., and William G. Helferich as full compensation for the property rights and $462.00 to Charles Forman for attorney fees. 4) Recommend that the Board of County Commissioners Approve the Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement Relative to the Acquisition of Parcel 180 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02-2218-CA (Immokalee Road Project #60018). As detailed in the Executive Summary 5) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, John J Yaklich and 24 September 21, 2004 ~."...".,--,.,._,..__...,-_..,. ----- Carol A. Yaklich, for Parcels 122, 822 and 922 in the Amount of $36,595.20 in the Lawsuit Styled Collier County v. John J. Yaklich, et aI., Case No. 03-2259-CA (Golden Gate Parkway Project #60027). 6) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Terry L. Lichliter and Deborah Lichliter, for Parcels 128 and 728 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al., Case No. 03-2273-CA (Golden Gate Parkway Project #60027). 7) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, William E. Bell and Linda M. Bell, for Parcels 117 and 717 in the Amount of $30,000.00 in the Lawsuit Styled Collier County v. Jack E. Green, et aI., Case No. 03-2227-CA (Golden Gate Parkway Project #60027). 8) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondent, Rose Somogyi, for Parcels 123 and 823 in the Amount of $23,000.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et aI., Case No. 03-2259-CA (Golden Gate Parkway Project #60027). 9) Recommend that the Board of County Commissioners Authorize the Making of an Offer of Judgment to Respondents, Elhanon Combs and Sandra S. Combs, for Parcels 720, 820A, 820B and 920 in the Amount of $80,000.00 in the Lawsuit Styled Collier County v. Elhanon Combs, et al., Case No. 03-2352-CA (Golden Gate Parkway Project #60027). 10) Recommendation to authorize the making of an Offer of Judgment to Respondent, Francisco Lemus, for Parcel No.1 in the amount of $169,950.00 in the Lawsuit Styled Collier County v. Francisco Lemus, et aI., Case No. 03-2788-CA, 13th Street SW Project No. 69068 11) Recommendation to authorize the making of an Offer of Judgment to Respondents, Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in the amount of$25,185.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02-5164-CA, Immokalee Rd. 25 September 21, 2004 _....,---_.~.. Project 60018. 12) Recommendation to authorize the making of an Offer of Judgment to Respondents, Lewis R. and Margaret Jean King, for Parcel No. 164 in the amount of$18,120.00 in the lawsuit styled Collier County v. Juan Ramirez, et al., Case No. 02-5166-CA (Immokalee Road Project No. 60018). 13) Recommendation to authorize the making of an Offer of Judgment to Respondents, Roger A. and Coleen Sharpe, for Parcel No. 141 in the amount of$13,200.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road Project No. 60018). 14) Recommendation to authorize the making of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140A in the amount of $6,900.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA (Immokalee Road Project No. 60018). 15) Recommendation to authorize the making of an Offer of Judgment to Respondent, Roy David Hilberg, for Parcel No. 140B in the amount of $53,130.00 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et al. Case No. 02-5165-CA (Immokalee Road Project No. 60018) 16) Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary E. Iannetta, for Parcel No. 167B in the amount of $28,520.00 in the lawsuit styled Collier County v. Andy R. Morgan, et aI. Case No. 02-5169-CA (Immokalee Road Project 60018) 17) Recommendation to authorize the making of an Offer of Judgment to Respondents, James L. and Esther E. Swigert, for Parcel No. 143 in the amount of $15,240.00 in the lawsuit styled Collier County v. Charles R. Wilson, et al., Case No. 02-5 1 64-CA (Immokalee Road Project No. 60018). 18) Recommendation to authorize the making of an Offer of Judgment to 26 September 21, 2004 Respondent, Louise V. Taylor, as Trustee of the Louise V. Taylor Living Trust u/aId 9/16/87, for Parcel No. 156 in the amount of $91,500.00 in the lawsuit styled Collier County v. Andy R. Morgan, et aI., Case·No. 02-5169-CA (Immokalee Road Project No. 60018). 19) Recommendation to approve Special Magistrate Agreements for Value Adjustment Board Hearings for Tax Year 2004. W / Stephen Cunningham, Marianne Kantor, Mark Pelletier, and Gerald Lagace 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 QUASIJUDICAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SE-04-AR-5494, a resolution amending Resolution Number 96-377, the Taylor Properties Conditional Use to correct a scrivener's error resulting from the unintentional inclusion of an incorrect legal description in the adopted Resolution for the property located on the south side of Davis Boulevard (S.R. 84) in Section 11, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2004-281 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. This item continued from the July 27,2004 BCC Meeting. PUDZ-2003-AR-5087, Stephen G. Sposato, AICP of Agnoli, Barber & Brundage, Inc., representing Collier County Board of County Commissioners, requesting a rezone from Public (P) to Planned Unit Development (PUD) to be known as the Collier 27 September 21, 2004 County Government Complex PUD. The project will consist ofa maximum of 996,799 square feet of building area for permitted and accessory government center uses. The project is located at 3301 Tamiami Trail East. The project is in Section 12, Township 50 South, Range 25 East, Collier County, Florida, consisting of 55± acres. Ordinance 2004-56 C. Recommendation to adopt resolutions approving the preliminary assessment as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Districts No.1 and No.2, Municipal Service Benefit Units Special Assessment levied against certain residential properties within the unincorporated area of Collier County pursuant to Collier County Ordinance 90-30, as amended. Revenues are anticipated to be $12,372,800. Resolution 2004-282 (District 1) and Resolution 2004-283 (District 2) D. PUDEX-2004-AR-5897 Teryl Brzeski, Trustee of the Garret F.X. Revocable Trust, property owner, represented by J. Gary Butler, of Butler Engineering, INC., requesting a two-year extension of the Magnolia Pond Planned Unit Development (PUD), pursuant to LDC Section 2.7.3.4.6, for a 42.05+ acre tract located on Magnolia Drive 1;2 mile west of Collier Boulevard between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East Collier County, Florida. Resolution 2004-284 E. Recommendation to Approve Amending Ordinance Number 92-18, as Amended, Relating to the Tourist Development Council, to Delete the Non-Voting Member with Professional Experience in the Promotion and Marketing of Special Events. Ordinance 2004-57 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 28 September 21, 2004