Recap 10/12/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
October 12,2004
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 PRESENTATION 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
EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR
TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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October 12,2004
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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. Deacon Al Groh, St. John's the Evangelist Catholic 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 with changes - 4/0 (Commissioner Halas out)
B. September 2,2004 - BCC/Emergency Meeting-Hurricane Frances
Briefing
Approved as presented - 4/0 (Commissioner Halas out)
C. September 5, 2004 - BCC/Emergency Meeting-Hurricane Frances
Briefing
Approved as presented - 4/0 (Commissioner Halas out)
D. September 9,2004 - BCC/EDC Workshop
Approved as presented - 4/0 (Commissioner Halas out)
E. September 9,2004 - BCC/Budget Hearing Meeting
Approved as presented - 4/0 (Commissioner Halas out)
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October 12,2004
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F. September 10, 2004 - BCC/Emergency Meeting-Hurricane Ivan
Briefing
Approved as presented - 4/0 (Commissioner Halas out)
G. September II, 2004 - BCC/Emergency Meeting-Hurricane Ivan
Briefing
Approved as presented - 4/0 (Commissioner Halas out)
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition Request by Nestor Lobo to discuss the possibility of
building a public swimming pool in East Naples.
Petitioner not present
B. Public Petition Request by Kelli Justice to discuss proposed third
entrance to Pebblebrooke Community.
Commissioner Henning to write letter to Board of Directors and place
item on future Agenda -Consensus
7. BOARD OF ZONING APPEALS
A. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. V A-2004-AR-
6067 Robert K. and Ruth P. Garee, property owners, requesting
variances in the Lely Country Club PUD Zoning District (Ordinance
No. 84-85, PUD Document Section 3.4.4.B.) as follows: 1) a 5-foot
variance from the required 15 - foot, two story side yard setback, to
allow a 10-foot side yard setback adjacent to Lot 13; 2) a 6-foot 5-inch
variance from the required I5-foot, two-story side yard setback to
allow an 8-foot 7-inch side yard setback adjacent to Lot 11; and 3) a
1- foot 11 inch variance from the maximum wall height of 6 feet as
required by LDC Section 2.6.11.2.2., to allow a garden wall height of
7 feet 11 inches adjacent to Lot 13. The property is located at 234
Palmetto Dunes Circle; further described as Lot 12, Palmetto Dunes at
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Lely Country Club, in Section 20, Township 50 South, Range 26 East,
Collier County, Florida.
Resolution 2004-327 - Adopted 3/1 (Commissioner Coyle opposed)
(Commissioner Halas out)
8. ADVERTISED PUBLIC HEARINGS
Continued to November 16, 2004
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. This item
continued from the June 22, 2004 meeting and was further
continued to the September 14, 2004/September 21, 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 498, Range 25E.
B. An Ordinance of the Board of County Commissioners, to the Lely
CDD Board of Supervisors consenting to Lely CDDs special powers
for enhanced security.
Ordinance 2004-65 - Adopted 4/0 (Commissioner Halas out)
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. This item was
continued from the July 27,2004 Board of County Commissioners
meeting. Petition PUDZ-2003-AR-4250: Golden Gate Fire Control
and Rescue District and Waterways Joint Venture IV, represented by
Karen Bishop, ofPMS, Inc. of Naples, and Richard D. Yovanovich, of
Goodlette, Coleman and Johnson, P.A., requesting a rezone from the
Rural Agricultural (A) zoning district to the Mixed Planned Unit
Development (MPUD) zoning district, to allow development of a fire
station with a I35-foot high communication tower and a 75-foot high
training facility, and sixteen (16) single-family attached dwellings
(including townhouses intended for fee simple conveyance including
the platted lot associated with the residence) and customary accessory
uses. Property is located on the west side of Collier Boulevard (C.R.
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October 12, 2004
9S1), approximately 340 feet north of Wolfe Road, in Section 34,
Township 48 South, Range 26 East, Collier County, Florida,
consisting of9.38± acres.
Ordinance 2004-67 - Adopted w/changes; direct staff to identify
property that is reasonably priced that can be used as a fire training
facility
D. Consideration of an ordinance providing for the creation of the Collier
County Administrative Code; providing for the subsequent
amendment, revision, or modification to that Administrative Code;
providing for conflict and severability; providing for codification and
inclusion in the Code of Laws and Ordinances; and providing for an
effective date.
Ordinance 2004-66 - Adopted 4/0 (Commissioner Halas out)
9. BOARD OF COUNTY COMMISSIONERS
A. This item was continued from the June 22, 2004 BCC Meeting.
Recommendation to consider Resolution opposing the City of Naples'
vessel speed zones. (Commissioner Henning)
Staff to gather information on data pertaining to issue, form an
unbiased evaluation and have Chairman notify Naples City Council-
Approved 4/0 (Commissioner Halas out)
B. Recommendation to declare 2 vacancies on the Hispanic Affairs
Advisory Board.
Resolution 2004-328- Adopted 4/0 (Commissioner Halas out)
10. COUNTY MANAGER'S REPORT
A. Amend professional engineering services agreement with Metcalf &
Eddy, Inc. for the South County Regional Water Treatment Plant, 8
MGD Reverse Osmosis (SCRWTP), Contract 98-2891, in the amount
of $1 ,924,SOO, Project 700S4. (Jim DeLony, Administrator, Public
Utilities)
Approved 4/0 (Commissioner Halas out)
B. Recommendation to authorize the purchase of ISO Remote
Transmitting Units for Wastewater Collections Telemetry for the
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amount of$950,525.00, Project 73922. (Jim DeLony, Administrator,
Public Utilities)
Approved 4/0 (Commissioner Halas out)
Moved from Item #16A24
C. Recommendation to terminate Contract # 02-3317 with Henderson, Young
and Company relative to the Fire Protection Impact Fee Update Study,
waiver of the formal competition process and solicitation of proposals to
select a new consultant to update the Fire Protection Impact Fee (estimated
amount not to exceed $50,000).
Approved 4/0 (Commissioner Halas out)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Time certain 11 :30 A.M.
A. Approve the contract for an Executive Director for the Collier County
Airport Authority.
Approved 4/0 (Commissioner Halas out)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. David Weigel regarding beaches and beach access -future discussion
B. Acknowledging the passing of past Commissioner Mary-Frances Kruse
C. Sheriff Hunter's letter regarding FY05 budget cuts
D. Mayor Bill Barnett's letter to Commissioner Fiala regarding the Golden
Gate Overpass and legal costs
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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.
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Approved and/or Adopted with changes - 5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase lA.
w/release of Utilities Performance Security
2) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase I-B.
w/release of Utilities Performance Security
3) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 3-A.
w/release of Utilities Performance Security
4) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 3-B.
w/release of Utilities Performance Security
5) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 3-C.
w/release of Utilities Performance Security
6) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 6A.
w/release of Utilities Performance Security
7) Recommendation to approve final acceptance of water and sewer
utility facilities for Island Walk, Phase 6B.
w/release of Utilities Performance Security
8) Recommendation to approve final acceptance of water and sewer
utility facilities for Vista Pointe at the Vineyards.
w/release of Utilities Performance Security
9) Recommendation to approve final acceptance of water and sewer
utility facilities for The Dunes Phase 2B.
w/release of Utilities Performance Security
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10) Recommendation to approve for recording the final plat of "Naples
Walk Unit Two".
11) Recommendation to approve an Agreement for Sale and Purchase
with James A. Price for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $12,900.
12) Recommendation to approve an Agreement for Sale and Purchase
with the Joe S. and Polly Cannon for 1.59 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $17,600.
13) Recommendation to approve final acceptance of water utility facilities
for Mediterra, Parcel 104.
w/release of Utilities Performance Security
14) Recommendation to approve for recording the final plat of "Madison
Park, Phase One", and approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/ stipulations
15) Recommendation to accept the final report and consider the findings
of the Immokalee Housing Condition Inventory and close the
Immokalee Housing Initiative.
16) Petition CARNY-2004-AR-6512, Peg Ruby, Special Events
Coordinator, Collier County Parks and Recreation, requesting a permit
to conduct the annual October Fest Carnival on October 22,23 and
24, 2004, at the Golden Gate Community Center located at 4701
Golden Gate Parkway.
CP-2004-04 - waiving the occupational license and surety bond
17) Petition CARNY-2004-AR-6513, Peg Ruby, Special Events
Coordinator, Collier County Parks and Recreation, requesting a permit
to conduct the annual Fall Fest Carnival on October 28,29,30 and 31,
2004, at the Eagle Lakes Community Park located at 11565 Tamiami
Trail East.
CP-2004-05 - waiving the occupational license and surety bond
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October 12, 2004
18) CARNY-2004-AR-6514, Peg Ruby, Special Events Coordinator,
Collier County Parks and Recreation, requesting a permit to conduct
the annual Country Jamboree Carnival on March 11, 12 and 13,2005,
in the Vineyards Community Park at 6231 Arbor Boulevard.
CP-2004-06 - waiving the occupational license and surety bond
19) CARNY-2004-AR-6515, Peg Ruby, Special Events Coordinator,
Collier County Parks and Recreation, requesting a permit to conduct
the annual Snowfest Carnival on December 4 and 5,2004, at the
Golden Gate Community Park located at 3300 Santa Barbara
Boulevard.
CP-2004-07 - waiving the occupational license and surety bond
20) Recommendation to approve final acceptance of water and sewer
utility facilities for Indigo Lakes, Unit 5.
wi release of Utilities Performance Security
21) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Ibis Cove Phase 2A". The
roadway and drainage improvements will be privately maintained.
Resolution 2004-318 wi release of Maintenance Security
22) Recommendation to approve final acceptance of water and sewer
utility facilities for Villa Vistana.
wi release of Utilities Performance Security
23) Recommendation to approve final acceptance of water and sewer
utility facilities for Villa Fiorenza at the Vineyards.
wi release of Utilities Performance Security
Moved to Item #10C
24) Recommendation to terminate Contract # 02-3317 with Henderson,
Young and Company relative to the Fire Protection Impact Fee
Update Study, waiver of the formal competition process and
solicitation of proposals to select a new consultant to update the Fire
Protection Impact Fee (estimated amount not to exceed $50,000).
As detailed in the Executive Summary
B. TRANSPORTATION SERVICES
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October 12, 2004
1) Recommendation to approve change order No.1 to Contract # 03-3483
- "Equipment Noise Barrier Wall" with NR Contractors, Inc., for an
additional 100 feet of Equipment Noise Barrier Wall at Davis Blvd.
Road Maintenance facility in the amount of$129,160.00.
As detailed in the Executive Summary
Withdrawn
2) Recommendation to Approve deleting items with overhead and office
services, section B.2.3., items (b) and (d), of Schedule B of the
Standard Professional Services Agreement, for Contracts issued under
04-3583 "Construction, Engineering and Inspection (CEI) Services for
County Road Projects". Vanderbilt Beach Road Project No. 63051.
As detailed in the Executive Summary
3) Recommendation to approve awarding Bid #04-3707 "Lely Golf
Estates MSTU Irrigation and Landscape" to Commercial Land
Maintenance, Inc. for $113,311.80 (which includes 5% contingency).
For the renovations of irrigation and landscaping of the Lely Golf
Estates Beautification MSTU medians 3,4,6-10
4) Recommendation to approve a three (3) month extension to Bid #99-
2955 "Immokalee Road Ground Maintenance Service" to Commercial
Land Maintenance, Inc. in the estimated amount of $30,000.00.
Due to the delay of implementing the widening of this roadway to
six lanes
5) Recommendation to approve a declaration setting aside county-owned
lands for Vanderbilt Beach Road and Logan Boulevard roadway,
sidewalk, drainage and utility facilities. (Fiscal impact: $27.00)
Project No. 63051.
As detailed in the Executive Summary
6) Recommendation to award a construction contract in the amount of
$44,069 to Subaqueous Services, Inc., to dredge the outfall at Naples
Park in the Vanderbilt Lagoon, Project Number 51004, Bid No. 04-
3704.
To remove sediment due to construction
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7) Recommendation to approve the use of transit enhancement funds
(313) to purchase two new transit buses under Florida Public
Transportation Association/Harline contract 2003-07-01, trolley decal
wraps and necessary equipment (in the estimated amount of
$573,000).
To utilize Transit Enhancement Funds
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2004 tax year. The fiscal impact is $18.50 to
record the Resolution.
Resolution 2004-319/Resolution CWS-2004-03
2) 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 1992
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $40.00 to record the Satisfactions of Lien.
Resolution 2004-320
3) 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 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2004-321
4) 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 1994
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2004-322
5) 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 1995
Solid Waste Collection and Disposal Services Special Assessments.
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Fiscal impact is $40.00 to record the Satisfactions of Lien.
Resolution 2004-323
6) 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 $48.50 to record the Satisfactions of Lien.
Resolution 2004-324
7) Recommendation to approve the Satisfaction for a certain Water
and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00
to record the Satisfaction of Lien.
J. Robert and Virginia G. Bailey, Patchogue, NY
8) Recommendation to approve the Satisfactions of Notice of Claim of
Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $28.50
to record the Satisfactions of Lien.
Beverly Ann Coleman, Naples, FL and Stanley W. White, Jr.,
Naples, FL
9) Recommendation to award Construction Contract for Bid #04-3719 to
San tis Engineering, Inc., for installation services related to the Water
Distribution Radio Telemetry System Implementation in the amount
of$326,968.00, Project 70124.
To improve the reliability and operability of the Water
Distribution System by upgrading the instrumentation of three (3)
Water Distribution sites
Continued to October 26, 2004
10) Recommendation to approve the raw water transmission project to
interconnect the Tamiami and Hawthorn Wellfields in the amount of
$1,500,000 and to approve and authorize the initial phase, which is a
work order under the Annual Contract for Underground Utilities
Contracting Services, RFP 02-3345, based on an estimated
construction cost not to exceed $690,000, Project 710061.
To increase the reliability of the public water supply by providing
a raw water main
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D. PUBLIC SERVICES
E. ADMINISTRATIVE SERVICES
1) That the Board of County Commissioners award bid Bid S04-3708 for
Sale of Surplus 32 foot regal boat to Bryan C. Durkin.
Appropriate funds to the Isles of Capri Fire Department Reserves
2) That the Board of County Commissioners award Bid No. 04-3701 for
Electrical Parts and Supplies to Graybar Electrical, Inc. as primary
vendor, Rexel Consolidated, as secondary vendor, and Hughes
Supply, Inc. as tertiary vendor.
To be used by various County department for maintenance and
repairs
F. COUNTY MANAGER
1) Recommendation to Approve Tourism Agreements between Collier
County and Best Shot, Inc. for Stock Footage Usage.
To represent Collier County footage to other potential advertisers
in regards to "Florida's Last Paradise" wi stipulations
2) Recommendation for Approval and Ratification of the Extension of
Contract No. 03-3537 for an Additional Year Between Paradise
Advertising & Marketing, Inc. and Collier County for Marketing and
Advertising Collier County as a Tourism Destination.
To ratify the extension to September 30, 2005
3) Approval of Budget Amendments.
As detailed in the Executive Summary
4) Recommendation to authorize staff to prepare and submit applications
to register service marks with the United States Patent & Trademark
Office and the State of Florida Division of Corporations to preserve
the County's advertising, logos, phrases and slogans.
As detailed in the Executive Summary
5) Approve the Transfer of Two (2) Existing Full-Time Positions from
the Emergency Medical Services Department to the Bureau of
Emergency Services and Approve the Necessary Budget Amendment.
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October 12,2004
As detailed in the Executive Summary
G. AIRPORT AUTHORITY ANDIOR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala's request for Board approval for reimbursement
for funds pre-paid to attend a function serving a valid public purpose.
The Commissioner will be attending the Regional Planning Council's
"Addressing the Regional Agenda" Conference on October 29,2004
at the Harborside Event Center in Fort Myers; $35.00 to be paid from
Commissioner Fiala's travel budget.
2) For the Board of County Commissioners to declare a valid public
purpose for a Commissioner to attend the Greater Naples Chamber of
Commerce Wake Up Naples Breakfast on September 22,2004.
$20.00 to be paid out of Commissioner Henning's travel budget.
Held at the Hilton Naples and Towers, Naples, Florida
3) Commissioner Halas' request for Board approval for reimbursement
for attending a function serving a valid public purpose. Attend the
ground breaking ceremony for the North Naples Research &
Technology Park on September 30, 2004. $8.50 to be paid from
Commissioner Halas' travel budget.
Held at the North Naples Research & Technology Park, 16979
Old US 41 Road, Naples, Florida
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File For Record With Action As Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) 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
Manager's Office, Collier County Government Center, W. Harmon
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October 12, 2004
Turner Building, 3301 East Tamiami Trail, Naples, FL.
For the period from September 4, 2004 thru September 30, 2004
K. COUNTY ATTORNEY
1) Recommendation to approve the Settlement at Mediation in the
lawsuit styled Lee W. Tuttle, v. Collier County, Case No. 02-4085-
CA. Total settlement of $28,000.
All claims against the County will be dismissed wi prejudice
2) Recommendation to approve a Stipulated Final Judgment as to Parcels
122 and 722 in the lawsuit styled Collier County v. Robert G.
Schubring, et aI., Case No. 02-1 949-CA (Goodlette Road Project
60134).
Staff to pay the sum of $6,061.25 to Paulich, Slack & Wolff, P.A.
Trust Account
3) Recommendation that the Board of County Commissioners Approve
the Stipulated Order of Taking and the Stipulated Final Judgment
Relative to the Acquisition of Parcel No. 136 in the Lawsuit Styled
Collier County v. First National Bank of Naples, et aI., Immokalee
Road, Project #66042.
As detailed in the Executive Summary
4) Recommend that the Board of County Commissioners Approve an
Agreed Order and Authorize Payment of Expert Fees and Costs for
Parcel 110 in the Lawsuit Styled Collier County v. Northside
Construction Company, et. aI., Case No. 00-0136-CA (Pine Ridge
Road Project #60111).
As detailed in the Executive Summary
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
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October 12, 2004
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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. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SE-04-AR-5971,
an Ordinance amending Ordinance 04-22, the Balmoral PUD to
correct a scrivener's error in Section 1.2 - Legal Description of the
Ordinance to the Balmoral PUD for property that is located on the east
side of Livingston Road (C.R. 881) and the west side of Whippoorwill
Lane, in Section 8, Township 49 South, Range 26 East, Collier
County, Florida.
Ordinance 2004-63
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members RZ-2004-AR-
5876, Commerce Center At Naples LLC represented by Robert J.
Mulhere of R W A, Incorporated, requesting a rezone from the Heavy
Commercial (C-5) And Industrial (I) zoning districts to the Heavy
Commercial (C-5) zoning district. The subject property is located at
3400 Radio Road, in Section 1, Township 50 South, Range 25 East,
Collier County, Florida and consists of 5.36 acres.
Ordinance 2004-64
C. This item requires that all participants be sworn in and exparte
disclosure be provided by Commission members. Recommendation
to approve Petition A VPLA T2004-AR6172 to disclaim, renounce and
vacate the County's and the Public's interest in the 20 foot wide
drainage easement located along the rear of tracts 30 through 32,
according to the plat of "Tollgate Commercial Center Phase Three" as
recorded in Plat Book 22, Pages 95 through 1 00, Public Records of
Collier County, Florida, located in Section 35, Township 49 South,
Range 26 East and in Section 2, Township 50 South, Range 26 East.
Resolution 2004-325
D. Recommendation to adopt a resolution approving amendments to the
Fiscal Year 2003-04 Adopted Budget.
Resolution 04-BAR-Ol
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October 12, 2004
E. Petition PE-2004-AR-6093, Dougall McCorkle, of the Lutgert
Companies, represented by Wayne Arnold, AICP, ofQ. Grady Minor
and Associates, requesting a Parking Exemption to allow off-site
parking on two lots zoned Residential Multi-Family (RMF-6) to serve
proposed general and medical office uses, on a parcel zoned General
Commercial (C-4), which is contiguous to the subject properties.
Access to the parking lot will be from the commercial parcel or the
existing 20-foot wide public alley. The subject property is located at
4817 -4819 West Alhambra Circle and 10131015 North Alhambra
Circle in Section 15, Township 49 South, Range 25 East, Collier
County, Florida.
Resolution 2004-326
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
17
October 12,2004
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