Loading...
Recap 10/26/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 26, 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 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 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. 1 October 26, 2004 ...._-- ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Bob Townsend, Mayflower Congregational DCC 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 - 5/0 B. September 20, 2004 - BCC as Community Redevelopment Agency Approved as presented - 5/0 C. September 21, 2004 - BCC/Regular Meeting Approved as presented - 5/0 D. September 23, 2004 - BCC/Budget Hearing Meeting Approved as presented - 5/0 E. September 24,2004 - BCC/Emergency Meeting-Hurricane Jeanne Briefing Approved as presented - 5/0 F. September 28, 2004 - BCC/Regular Meeting Approved as presented - 5/0 2 October 26, 2004 G. October 6, 2004 - BCC SpeciallValue Adjustment Board Approved as presented - 5/0 Added Check presented to Board of County Commissioners from Collier County's Tax Collector Guy Carlton Added Jim Mudd presented check to Board of County Commissioners from Collier County's Property Appraiser Abe Skinner 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Presented A. 20 Year Attendees 1) John D'Amico, Facilities Management B. 30 Year Attendees 1) Elida Valdez, Transportation 2) Edward Hutcheson, Transportation Road Maintenance 3) Curtis Anderson Jr., Transportation Road Maintenance 4. PROCLAMATIONS A. Proclamation to designate the month of November as Epilepsy Awareness Month. To be accepted by Gerry Harwick, Case Manager. Adopted - 5/0 B. Proclamation to designate Friday, November 5, 2004 as RONALD MCDONALD CARE MOBILE DAY. To be accepted by Jules Mijares, Richard Akin, and Dr. Keith Riley, D.D.S. Adopted - 5/0 C. Proclamation to designate the month of November as Adoption Month in Collier County. To be accepted on behalf of the Southwest Adoption Task Force by Debbie Allen, her son Dustin Allen, and Daneille Stewart. Adopted - 5/0 D. Proclamation to designate November 15,2004 American Recycles Day in Collier County. To be accepted by Denise Kirk, Collier County Recycle Coordinator. Adopted - 5/0 3 October 26, 2004 5. PRESENTATIONS A. Recommendation to Name the Winners of the "What Does Freedom Mean to You" Art Contest. Awards presented to the winners of each age division B. Recommendation to recognize Adam Brooks, Reference Librarian, Naples Branch Library as "Employee of the Month" for October 2004. Recognized C. Presentation regarding Status Report from the Collier County Citizens Corps. To be presented by Carol Pahl, Chairman, Collier County Citizen Corps Advisory Board. Presented 6. PUBLIC PETITIONS 7. BOARD OF ZONING APPEALS 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. PUDA-03-AR-4227, Wayne Arnold, representing Bryan W. Paul, requesting a Planned Unit Development (PUD) to PUD rezone for the purpose of amending the Orangetree PUD to reflect that 616 acres have been rezoned to a new PUD to be known as the Orange Blossom Ranch PUD. No other changes are proposed with this amendment. The subject PUD is located on the northeast comer of Immokalee Road (C.R. 846) and Randall Boulevard in Sections 11,12,13,14,23, and 24, Township 48S, Range 27E. (Companion Item: PUDZ-03-AR-4150) Continued to November 16, 2004 B. This item requires that all participants be sworn in and ex-parte disclosure be provided bv Commission members. PUDZ-03-AR-4150, Wayne Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the Orange tree Planned Unit Development (PUD) to a new PUD to be known as the Orange Blossom Ranch PUD permitting a maximum of 1,600 4 October 26, 2004 dwelling units; 200,000 square feet of commercial uses allowed in C-I thru C-5 zoning districts; and, a +90-acre community facility tract permitting recreational uses, government offices, schools, child care centers, and commercial excavation. The property is located on the north and south sides of Oil Well Road (C.R. 858) and approximately one mile east of Immokalee Road (C.R. 846) in Sections 13, 14, and 24, Township 48S, Range 27E. (Companion Item: PUDA-03-AR-4227) C. This item to be heard at 1 :00 p.m. Public Hearing for the 2003 1 st Cycle ofGMP Amendments (CPSP-2003-11, Wildlife) Motion failed - 3/2 (Commissioners Henning and Coletta opposed) D. This item to be heard immediately following: Item 8C. Public Hearing for the 2003 1st Cycle of Growth Management Plan Amendments (Adoption Hearing). CP-2002-2 Motion to Deny - Approved - 5/0 CP-2003-1 Approved - 5/0 CP-2003-2 Approved - 5/0 CPSP-2003-3 Approved - 5/0 CPSP-2003-10 Approved with changes - 4/0 (Coyle out) CPSP-2003-11 Approved - 5/0 CPSP-2003-12 Approved - 5/0 CPSP-2003-13 Approved - 4/0 (Coyle out) CPSP-2003-14 Approved - 4/0 (Coyle out) CPSP-2003-15 Approved - 5/0 Ordinance 2004-71 Adopted w/changes - 5/0 E. Adoption of a resolution applying the Annual Mid-Cycle Year Indexing Adjustments to amend the Road Impact Fee rate schedule, which is Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (Collier County Consolidated Impact Fee Ordinance No. 2001- 13, as amended) and providing for a delayed effective date. Resolution 2004-336 Adopted - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Community Character/Smart Growth Advisory Committee. Resolution 2004-337 Appointing Christopher Shucart and Joseph D. Gammons - Adopted - 5/0 5 October 26, 2004 B. Appointment of member to the Code Enforcement Board. Resolution 2004-338 Appointing Richard Kraenbring - Adopted - 5/0 C. Appointment of members to the Historical/Archaeological Preservation Board. Resolution 2004-339 Appointing Elizabeth M. Perdichizzi and Ardavan Moaveni Adopted - 5/0 D. Appointment of member to the Contractors' Licensing Board. Resolution 2004-340 Appointing Lee Horn - Adopted - 5/0 E. Appointment of members to the Affordable Housing Commission. Resolution 2004-341 Appointing Dr. Samuel J. Durso, Re-appointing William Rayburn Cadwallader and Michelle Ellis Harrison as an alternate - Adopted - 3/2 (Commissioners Fiala and Coyle opposed) F. Appointment of member to the Public Vehicle Advisory Committee. Motion to Re-advertise - Approved - 5/0 G. Repeal of High Speed Rail Amendment. (Commissioner Henning) Discussed H. This item to be heard at 11 :00 a.m. Verbal report from Commissioner Coletta regarding his trip to Poland. Presented 10. COUNTY MANAGER'S REPORT A. Recommendation to deny public petition request that the County retain ownership of Goodland Road (County Road 92-A). (Norman Feder, Administrator, Transportation Services) Motion to accept Staff's Recommendation - Approved - 5/0 B. This item was continued from the September 28, 2004 Meeting: to the October 26, 2004 Meeting:. Recommendation to adopt a resolution authorizing condemnation of fee simple interest in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, and temporary driveway restoration easements, which will be required for the 6 October 26, 2004 oL"_..,___'·_ construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal impact: $5,760,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2004-342 - Adopted - 5/0 C. Recommendation to approve an interlocal service delivery agreement with the Big Cypress Stewardship District. (Norman Feder, Administrator, Transportation Services) Motion to accept Staff's Recommendation - Approved - 5/0 D. Recommendation to Approve a Budget Amendment in the Amount of $648,775, Project 90502 and Approve the Award of a Bid #04-3667, Hideaway Beach Renourishment to Weeks Marine, Bid #043667, Hideaway Beach Renourishment, in the Amount of$2,482,775. (Ron Hovell, Public Utilities) Approved - 4/1 (Commissioner Henning opposed) E. Recommendation to I) Approve a Budget Amendment and Tourist Development Category "A" Grant Application for the Maintenance Dredging of Wiggins Pass for Fiscal Year 2005, Project 90522, In The Amount Of $750,000 and 2) Approve and Engineering Services Work Order under Contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston & Moore Engineers for Wiggins Pass Dredging 2005, Project 90522, in the amount of$13,500. (Ron Hovell, Public Utilities) Motion to accept Humiston & Moore Recommendation - Approved- 3/0 (Commissioners Henning and Coyle out) Moved from Item #16A4 F. Recommendation to authorize an additional permanent position for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division and consulting services designed to improve efficiencies in the land development review process at a total cost not to exceed $69,300. As detailed in the Executive Summary Approved - 4/1 (Commissioner Henning opposed) Moved from Item #16B3 G. Recommendation to authorize a budget amendment for the purchase of 7 October 26, 2004 additional cubicle units that are needed for the new Transportation Services Building in the amount of$61,476.00. Approved - 5/0 Moved from Item #16C2 H. Recommendation to award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of$891,225.00 for installation of a 16- inch Reclaimed Water System Interconnect from Radio Road to Davis Boulevard, Project Number 74035. As detailed in the Executive Summary Approved - 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson -left note with his concerns w/Jim Mudd to address the BCC 12. COUNTY ATTORNEY'S REPORT A. County Attorney Report on Public Beach Pathway Issues Raised by Mr. James F. Ciolino by Public Petition on September 21,2004. Presented 13. OTHER CONSTITUTIONAL OFFICERS Withdrawn A. This item to be heard at 3:00 P.M. Request for discussion with the Board of County Commissioners regarding the status of the Sheriffs Office 2004/2005 Budget request. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Sheriff's Budget (adjustments): Chairman to send letter to Sheriff Regarding adjustments to budget recommending changes in personnel services, specifically concerning overtime - Approved - 5/0 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 8 October 26, 2004 .~--,,".,--.,..µ 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 provide staff the direction to prepare a comprehensive Wildlife and Listed Species Management Plan for presentation in February 2005 rather than November 2004 because of delays associated with Hurricanes Frances and Jeanne. 2) Recommendation to approve awarding a contract to M. Jean Rawson P.A. regarding RFP 04-3705 for "Legal Counsel for Code Enforcement and Nuisance Abatement Board" (estimated maximum annual contract amount $15,000.00). For a period of two years with an option for two additional one- year renewals 3) Carny-04-AR-6584, Mr. Anthony C. Gnerre, President, of the Naples Italian American Club, requesting a permit to conduct the annual Naples Italian American Club Carnival on October 28, 29, 30 and 31, 2004, at the Naples Italian American Club located at 7035 Airport Road North. CP-2004-08 - waiving the surety bond Moved to Item #10F 4) Recommendation to authorize an additional permanent position for the Environmental Review Section within the Environmental Services Department of the Community Development and Environmental Services Division and consulting services designed to improve efficiencies in the land development review process at a total cost not to exceed $69,300. As detailed in the Executive Summary 5) Recommendation that the Board of County Commissioners acknowledge an error on the recorded plat of Quail West Phase III, Unit Five, and authorize the Clerk to make notation of this acknowledgment on the original plat. Resolution 2004-329 9 October 26, 2004 -_._- 6) Recommendation to award RFP 04-3717, in the amount of$29,580, to James Duncan and Associates, Inc., for consultant services for a Parks and Recreational Facilities Impact Fee Update Study. As detailed in the Executive Summary 7) Recommendation to accept the Quarterly Report on the activities related to the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program and change the requirement for quarterly reports to an annual report for each program. For the period of June 2, 2004 through September 1,2004, and as detailed in the Executive Summary 8) Petition CARNY-2004-AR-6640, Reverend Joseph Spinelli, O.S.A., St. Elizabeth Seton Church, Requesting Permit to Conduct a Carnival from November 10, 11, 12, 13 and 14,2004, on the church property located at 2760 52nd Terrace SW, Golden Gate City. CP-2004-09 B. TRANSPORTATION SERVICES 1) Recommendation to approve the acquisition of right-of-way required for the construction of six-lane improvements to Collier Boulevard between Davis Boulevard and U.S. 41 - Project No. 60001 -(fiscal impact: $885,800) To obtain the right-of-ways required from Wal-Mart Stores East, L.P. 2) This item was continued from the September 28, 2004 Meeting: Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of fee simple interests in the proposed right-of-way and/or stormwater retention and treatment pond sites, as well as perpetual, non-exclusive road right-of-way, drainage and utility easements, perpetual, non-exclusive slope easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements to Logan Boulevard from Vanderbilt Beach Road to Immokalee Road. (Project No. 60166). Estimated fiscal impact: $5,760,000.00. Resolution 2004-330 10 October 26, 2004 ,.--- Moved to Item #10G 3) Recommendation to authorize a budget amendment for the purchase of additional cubicle units that are needed for the new Transportation Services Building in the amount of$61,476.00. 4) Recommendation to approve a budget amendment in the amount of $737,759 for funds from the Federal Transit Administration for the Collier Area Transit transfer site. 5) Recommendation to approve a budget amendment in the amount of $329,989 for the Florida Department of Transportation State Block Grant Funds. To assist in the provision of fixed route public transportation services. 6) Recommendation to allow the Transportation Division to advertise and receive bids for proposed intersection improvements to New Market Road at Charlotte Street. Estimated fiscal impact is $575,000.00. As detailed in the Executive Summary 7) Recommendation to accept a check in the amount of $5,251.50 from Johnson Engineering, Inc. to reimburse the County for administrative costs incurred with processing avoidable, value-added change orders to the Goodlette-Frank Road Project (No. 60134). 8) Recommendation to approve deleting Section B.2.3. items (b) and (d) and adding item (e) to Section B.2.2 of Schedule B and modifying Schedule A, Section 5.0, Items A and C of the Standard Professional Services Agreement for Aim Engineering and Surveying, Inc. for Vanderbilt Beach Road Project, for Contract issued under 04-3583 "Construction, Engineering and Inspection (CEI) Services for County Road Projects". No Fiscal Impact. Project No. 63051. As detailed in the Executive Summary 9) Recommendation to authorize and fund the addition of exhibit #2 to Hansen master contract #03-3500 for the Transportation Division in the amount of$257,255.00. As detailed in the Executive Summary 11 October 26, 2004 10) Recommendation to approve a budget amendment to recognize revenue received from Heritage Bay, for a sidewalk under payment in lieu of construction in the amount of $250,000 for the Immokalee Greenway from CR 951 to two miles east of CR 951. C. PUBLIC UTILITIES 1) Recommendation to approve a contract amendment, under Contract # 02-3311, "Fixed Term Professional Geographic Information System Services (GIS)" for Collier County, with Wilsonmiller, Inc., Project 50014, in the amount of$197,239.40. To provide additional GIS services related to stormwater data Moved to Item #10H 2) Recommendation to award a contract for Bid No. 04-3679 to Southwest Utility Systems, Inc. in the amount of $891 ,225 .00 for installation of a 16- inch Reclaimed Water System Interconnect from Radio Road to Davis Boulevard, Project Number 74035. As detailed in the Executive Summary 3) Recommendation to award Contract 04-3725, to Better Roads Inc., in the amount of $235,945, to relocate the entrance road to the South County Water Reclamation Facility, Project 73949. For accessing the site from Wildflower Way 4) Recommendation to Waive the Formal Competitive Bid Process to Participate in a QualServe Self Assessment and Peer Review as part of Project 72531 and Approve an Agreement between the Collier County Water-Sewer District and QualServe in an amount not to exceed $61,600. As detailed in the Executive Summary 5) Recommendation to amend Professional Engineering Services Agreement with Malcolm Pirnie, Inc. for the South County Regional Water Treatment Plant, 8 MGD Reverse Osmosis Expansion (SCRWTP), Contract 00-3119, Work Order # MP-FT -04-03, in the amount of $600,000, Project 70054. Extends the agreement through May 1, 2005 12 October 26, 2004 1··---"· 6) Recommendation to approve Change Order No.1 to Work Order No. UC-030 with Kyle Construction, Inc. for the South County Regional Water Treatment Plant 4" Force Main Relocation, Contract No. 04- 3535, Project 700201, in the amount of$61,200. As detailed in the Executive Summary 7) Recommendation to reject the one bid received from Zabatt for Bid # 04-3647 and to provide authorization to re-advertise for countywide purchase and rental of generators. 8) Recommendation to approve a project to interconnect the Tamiami and Hawthorn Wellfields with a planning-level estimated cost of $1,560,000 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 $750,000, Project 710061. Needed to increase the reliability of the public water supply by providing a raw water main, to be completed in time for the 2005 peak season 9) Recommendation to award a work order to complete construction of Tamiami Well 33 under the Annual Contract for Underground Utilities Contracting Services, RFP 04-3535, based on an estimated construction cost not to exceed $615,000, Project 701581, Golden Gate Wellfield Reliability Improvements. As detailed in the Executive Summary 10) Recommendation to waive formal competition and authorize the single source purchase of 46 Telemetry-equipped Lift Station Control Panels for Wastewater Collections in the amount of $204,478.00, Project 73922. From E.K. Phelps D. PUBLIC SERVICES 1) Recommendation to approve an Agreement with the Agency for Health Care Administration for $2,100,000 for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, Health Department, and David Lawrence Center to generate an additional $367,500 in Federal 13 October 26, 2004 matching funds annually. As detailed in the Executive Summary 2) Recommendation to recognize additional revenue in the amount of $10,560 in FY 04 and sign the budget amendment to increase Home and Community Based Services Medicaid Waiver budget. 3) Recommendation to approve a budget amendment in the amount of $10,000 to increase the Older American's Act Title III-B budget and authorize the Chairman to sign the contract amendment between Collier County Board of County Commissioners and Senior Solutions of Southwest Florida D/B/A Area Agency on Aging. To recognize additional grant funding in the Services for Seniors Program 4) Recommendation to approve an Agreement with the Agency for Health Care Administration for $164,400 to be used as the local government match for State and Federal funding to operate the Horizon's Primary Care Clinic. To enhance services for low-income individuals 5) Recommendation to approve the FY 05 Agreement with the David Lawrence Center, Inc. for $952,000. To support behavioral health and substance abuse programs E. ADMINISTRATIVE SERVICES 1) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. For the period of August 31, 2004 through September 30, 2004 2) Recommendation to approve a contract amendment involving contract No. 01-3290 "Fixed Term Professional Engineering Services". (CPI increase) As detailed in the Executive Summary 3) Recommendation to adopt a resolution approving the change in status of thirteen employment classifications from exempt to non-exempt under the Fair Labor Standards Act (FLSA) and to receive approval for the execution of Settlement Agreement and Releases. 14 October 26, 2004 ---.- .........-.-.---" Resolution 2004-331 As detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners approve and ratify a recommendation to file suit for recovery of repair/replacement costs incurred by the County in connection with property damage caused by a third party. As detailed in the Executive Summary 5) Recommendation to adopt a resolution approving the Hurricane Charley Worksite Agreement providing United States Department of Labor funds under a National Emergency Grant to cover costs of temporary workers used to clean up after Hurricane Charley. Resolution 2004-332-to cover the pre-screening costs, wages and required safety equipment for temporary workers 6) Recommendation to declare certain county-owned property as surplus and authorize a sale of the surplus property on November 13,2004. As detailed in the Executive Summary 7) Recommendation to approve a sole-source purchase from ESRI for ArcGIS Server, geographical information systems software for web services, in the amount of $30,016.46. F. COUNTY MANAGER 1) Withdrawn 2) Recommendation to Approve Submission of a Grant Application for and Resolution in Support of a Florida Department of Environmental Protection Grant to Contribute to the Renourishment of Marco Island South Beach. Resolution 2004-333 As detailed in the Executive Summary Recommendation to approve a Lease Agreement with East Naples Fire Control and Rescue District for shared use of future Fire Station 22 at a total cost to the County of $469,530. For an initial period of five years, for the facility to be constructed at 4401 Bayshore Drive, Naples, FL 15 October 26, 2004 _..,...~..,......,.h'.._._...._. ...... ..__ 3) Recommendation to Approve Submission of an Updated Grant Application for and Resolution in Support of a Florida Department of Environmental Protection Grant to Contribute to the Renourishment of Vanderbilt, Pelican Bay, Park Shore and Naples Beaches. Resolution 2004-334 The renourishment project is planned for the winter of 2005-2006 4) Recommendation to Approve a Budget Amendment to Fund Bond Remission Payments. To bail bondsmen for bond forfeitures that occurred prior to July 1, 2004 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation to designate November Epilepsy Awareness Month. 2) Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Chamber of Commerce celebration of the return of commercial flights to the Naples Municipal Airport on October 28, 2004. $5.00 to be paid from Commissioner Halas' travel budget. Held at the Naples Municipal Airport, at the Commercial Airline Terminal from 5p.m.-7p.m, with all of the proceeds going to the Red Cross 3) Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Chamber's Business After Five at Liberty Bank on October 21,2004. $5.00 to be paid from Commissioner Halas' travel budget. From 5:30p.m. to 7:30 p.m. at 4949 Tamiami Trail N. Suite 107, Naples, FL 4) Commissioner Halas' request for Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Naples Airport Authority reception for the Fly Naples Air Service Program on October 20,2004. $18.00 to be paid from 16 October 26, 2004 Commissioner Halas' travel budget. Located at the Naples Municipal Airport Commercial Terminal, 500 Terminal Drive, Naples, FL 5) Commissioner Fiala's request for Board approval for reimbursement to attend a function serving a valid public purpose. The Commissioner will be attending the United Arts Council 'Celebrate the Arts Gala Dinner' on November 20, 2004 at the Naples Beach Hotel; $95.00 to be paid from Commissioner Fiala's travel budget. Benefiting programs and community services of The United Arts Council of Collier County I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation 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, 3301 East Tamiami Trail, 2nd Floor, W. Harmon Turner Building, Naples, Florida. For the period from October 1,2004 through October 15,2004 K. COUNTY ATTORNEY 1) Recommendation to authorize the making of an Offer of Judgment to Respondents, Armando A. Lambert and Algis L. Mados, for Parcel No. 208 in the amount of$12,000.00 in the lawsuit styled Collier County v. Armando A. Lambert, et aI., Case No. 02-2132-CA (Immokalee Road Project No. 60018). As detailed in the Executive Summary 2) Recommend that the Board of County Commissioners Approve an Agreed Order and Authorize Payment of Expert Fees for Parcels 179/179T in the Lawsuit Styled Collier County v. Dr. Francisco 17 October 26, 2004 Cortina, et. aI., Case No. 00-0936-CA (Golden Gate Boulevard Project #63041). Pay the sum of $7350.00 to the Earle & Patchen Trust Account 3) Recommendation that the Board of County Commissioners Waive the Purchasing Policy as Allowed Under Section VLG. of the Policy and Approve a Retention Agreement with the Law Firm of Garvin & Tripp, P .A., to Represent the County in Complex Litigation Including Land Use Matters and Further Approve the Opening of a Purchase Order for the Firm to Defend the County's Interests in the Case of Century Development, et aI. v. Jeb Bush, et aI. as well as in Potentially Related Purported Bert Harris Act Claims. As detailed in the Executive Summary 4) Recommendation for the Board of County Commissioners to (a) Approve Amendment No.1 to the Retention Agreement with the Law Firm of Carlton, Fields, Ward, Emmanuel & Smith, P.A., and (b) Specifically Ratify and Authorize the Purchase Order for Services by the Firm in the Case of Collier County v. United Engineering Corporation, Inc., Case No. 04-3363-CA and Related Matters. As detailed in the Executive Summary 5) Approve Selection of Firm for RFP 04-3685 "Court Reporting Services for Collier County" Contract awarded to Gregory Court Reporting Services, Inc. 6) Recommendation That The Board Of County Commissioners Approve The Settlement In Kelly V. Collier County, Case No.: 02- 4393-Ca, Pursuant To Which The County Would Pay $18,000 And All Claims Against The County Would Be Released. Said $18,000 Settlement Was Arrived At During Settlement Negotiations And Prior To Arbitration. 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 RECOMMENDA TION FOR APPROV AL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL 18 October 26, 2004 -~_......_--~~,~...,"",.~~-~- 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-5430 an Ordinance amending Ordinance 2000-79, the Hammock Park Commerce Centre PUD to correct a scrivener's error due to an omission of an intended revision to the legal description contained within the PUD document and to correct the PUD name within the Ordinance listed as "Hammock Park of Commerce", which should be "Hammock Park Commerce Centre"; for the property located at in Section 14, Township 50 South, Range 26 East, Collier County, Florida. Ordinance 2004-68 B. SE-04-AR-5777, an Ordinance amending Ordinance 04-15, the Terafina Planned Unit Development (PUD) to correct a scrivener's error resulting from the unintentional omission of the official zoning map number 86165 in the title of the transmittal copy of the adopted Ordinance sent to the State Department of Community Affairs for the property located approximately one mile north of Immokalee Road (CR 846) in Section 16, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2004-69 C. SE-04-AR-5776, an Ordinance amending Ordinance 04-20, the Calusa Island Village Planned Unit Development (PUD) to correct a scrivener's error resulting from an incorrect official zoning map number contained in the title of the transmittal copy of the adopted Ordinance that was sent to the Department of State for the property located south of Goodland Drive and east of the Calusa Marina in Sections 18 & 19, Township 52 South, Range 27 East, Collier County, Florida. Ordinance 2004-70 D. PUDEX-2004-AR-6249 Tamiami Southwest LLC, represented by Chris Hagan, of Johnson Engineering and Jeff Kannensohn, of Porter, Wright, Morris & Arthur, requesting a two-year extension of the a Planned Unit Development (PUD) zoning granted by Ordinance No. 99-37, pursuant to 19 October 26, 2004 LDC Section 2.7.3.4.6 (UDC Section 10.02.13.D) for the Vincenti an PUD. The property, consisting of30.7 acres, is located in the southeast quadrant of the intersection of Southwest Boulevard and U.S. 41 (Tamiami Trail), in Section 32, Township 50 south, Range 26 East, Collier County, Florida. Resolution 2004-335 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 20 October 26, 2004