Recap 11/16/2004 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
November 16, 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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November 16, 2004
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 A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Craig Nelson, East Naples United Methodist Church
Absent - Jim Mudd provided the invocation
B. Swear- In Commissioner Fiala, Commissioner Henning and Commissioner
Coletta by Judge Ramiro Manalich.
Swearing in performed
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. Closed Session for Aquaport Case approval of minutes for May 27, 2003,
March 23,2004 and September 9,2004.
Approved as presented - 5/0
C. October 4,2004 - BCC/City of Naples Joint Workshop
Approved as presented - 5/0
D. October 6, 2004 - BCC Special/Value Adjustment Board AM Meeting held
in front half of room
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November 16, 2004
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Approved as presented - 5/0
E. October 6, 2004 - BCC SpecialN alue Adjustment Board AM Meeting held
in back half of room
Approved as presented - 5/0
F. October 6,2004 - BCC Special/Value Adjustment Board PM Meeting held
in back half of room
Approved as presented - 5/0
G. October 7, 2004 - BCC Special/Value Adjustment Board PM Meeting
Approved as presented - 5/0
H. October 8, 2004 - BCC Special/Value Adjustment Board Meeting
Approved as presented - 5/0
I. October 12, 2004 - BCC Regular Meeting
Approved as presented - 5/0
J. October 13,2004 - BCC Special/Value Adjustment Board Meeting
Approved as presented - 5/0
K. October 13,2004 - BCC/Land Development Code Meeting
Approved as presented - 5/0
L. October 15,2004 - BCC/Value Adjustment Board
Approved as presented - 5/0
M. October 19,2004 - BCC/Legislative Initiative Workshop
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
1) Advisory Committee Service Awards.
Presented
4. PROCLAMATIONS
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November 16, 2004
A. Proclamation to designate the week of November 19-25, 2004 as Farm-City
Week. To be accepted by David Santee, Chairman of the Farm City
Committee.
Adopted - 5/0
B. Proclamation to designate November, 2004 as United Way of Collier
County Agency Awareness Month. To be accepted by Mr. Mokey Shea and
Mr. Ernie Bretzman, Executive Director of the United Way.
Adopted - 5/0
C. The Naples Children and Education Foundation Day has been proclaimed by
the Board of County Commissioners of Collier County, Florida that
November 12th, 2004 was celebrated as Naples Children and Education
Foundation Day. To be accepted by Dawn Montecalvo, Executive Director
of the Naples Children and Education Foundation.
Adopted - 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request by Graham Ginsberg to discuss access to the Pelican
Bay Beaches.
Presented
B. Public Petition request by Joseph Bawduniak to discuss use of Depot by the
Antique Automobile Club of America, and FAA Safety Seminars for Local
Pilots.
Moved to November 30, 2004 BCC meeting
C. Public Petition request by Ron Hamel to discuss Collier County's
participation in Multi-County Agricultural Extension Agent Funding
Proposal.
To bring back as a regular Agenda Item - Approved 5/0
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. NUA-2002-AR-2995:
Holiday Manor Cooperative, Inc., represented by Bob Reed, requesting non-
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November 16, 2004
conforming use alteration approval, to enable unit owners to replace existing
non-conforming structures, in conformance with the Fire Code and so as not
to increase the existing non-conformities. The subject property is located at
1185 Henderson Creek Road, in Section 3, Township 51 South, Range 26
East, Collier County, Florida, consisting of 32± acres.
Resolution 2004-349 - Adopted 5/0
B. This ite~ requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2004-AR-5770,
ARCO Finance, Inc., represented by Vincent A. Cautero of Coastal
Engineering, Inc., requests Conditional Use 11 of the Commercial
Intermediate (C-3) District for a single-use building greater than 5,000
square feet in area, as specified in Section 2.2.14.3.11. of the Collier County
Land Development Code (LDC). The property to be considered for the
conditional use is located between 104th Avenue North and 105th Avenue
North, in the Naples Park Subdivision, in Section 28, Township 48 South,
Range 25 East, Collier County, Florida and consists of 1.85 acres.
Resolution 2004-350 - Adopted 4/1 ( Commissioner Fiala opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item was continued from the October 26, 2004 BCC meetißl!. This
item requires that all participants be sworn in and ex parte disclosure
be provided by 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
corner 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
Ordinance 2004-73 Adopted w/stipulations-5/0
B. This item was continued from the October 26, 2004 BCC meetine:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-03-AR-4150, Wayne
Arnold, representing Bryan W. Paul, requesting to rezone 616 acres of the
Orangetree Planned Unit Development (PUD) to a new PUD to be known as
the Orange Blossom Ranch PUD permitting a maximum of 1,600 dwelling
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November 16, 2004
units; 200,000 square feet of commercial uses allowed in C-l 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
Ordinance 2004-74 Adopted w/stipulations 4/1 (Commissioner Fiala
opposed)
C. This item was continued from the October 12, 2004 BCC meetine:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. 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, approximately one-quarter mile south of Pine Ridge Road (CR-896)
in Section 13, Township 49S, Range 25E.
Ordinance 2004-75 Adopted w/stipulations 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Land Acquisition Advisory Committee.
Resolution 2004-351 - Appointing Mimi Wolok - Adopted 5/0
B. Appointment of members to the Board of Building Adjustments and
Appeals.
Resolution 2004-352 - Appointing Kenneth R. Rech, Leo F. Rodgers
and re-advertise for one vacancy- Adopted 5/0
C. Appointment of members to the Immokalee Master Plan and Visioning
Committee.
Resolution 2004-353 -Appointing Fred N. Thomas, Jr., Edward (Ski)
Olesky, Clarence S. Tears, Jr., Leo F. Rodgers, Esmeralda Serrata,
Gary D. Holloway, Raymond T. Holland, and Maxwell L. Press and re-
advertise for the two vacancies- Adopted 5/0
D. Appointment of members to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
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November 16, 2004
Resolution 2004-354 - Re-Appointing Charles C. Arthur and Alvin D.
Martin, Jr. - Adopted 5/0
E. Appointment of member to the Public Vehicle Advisory Committee.
Resolution 2004-355 - Appointing Richard David Pickett - Adopted 5/0
F. Request for reconsideration of Comp Plan Amendment CP-2002-02 Basik
Development Company. (Commissioner Coyle)
Motion to bring back for reconsideration at the December 14, 2004
BCC Meeting- Failed 2/3 (Commisioners Fiala, Commissioner Coletta.
and Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution authorizing the acquisition by
condemnation of nonexclusive, perpetual utility and access easements for
the maintenance and improvement of the existing North Hawthorn Well field
Water Supply Transmission Mains along the Cypress Canal in proximity to
Wells RO 12N through RO 15N, at an estimated cost not to exceed
$292,600, Project 700751. (Jim DeLony, Administrator, Public Utilities)
Resolution 2004-356 and Resolution CWS-2004-04 - Adopted 5/0
B. Recommendation to allow the Trust for Public Lands to act on behalf of the
citizens of Collier County as the facilitator of the purchase of 150+- acres of
land from the Fleishmann family to preserve the Caribbean Gardens. (Marla
Ramsey, Interim Administrator, Public Services)
Approved 5/0
C. Recommendation to adopt Collier County's 2005 Legislative Agenda. (Beth
J ohnssen, Assistant to the County Manager)
Consensus approved (with the exception of the Real Estate Transfer
Tax and modification to the requirements for Community Shelters at
Manufactured Home Communities)
State funding for CREW Land acquisition added
Moved from Item #16A7
D. Recommendation to approve an Amendment to Agreement for Sale and
Purchase for 1.14 acres under the Conservation Collier Land Acquisition
Program at an additional cost of $1 ,200.
W/Glenda S. Beardsley, Trustee, extending the closing date from
October 30, 2004 to December 15, 2006
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November 16, 2004
- Approved 5/0
Moved from Item #16A9
E. Recommendation to approve an Amendment to Agreement for Sale and
Purchase for 3.79 acres under the Conservation Collier Land Acquisition
Program at an additional cost of $1 ,000.
W/Glenda S. Beardsley, Trustee, extending the closing date from
October 30, 2004 to March 24, 2005
- Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Chris Thornton and Vinnie Paleo(sp) regarding a variance at Enzo's
Italian Restaurant. Motion taken for construction to proceed at the
owner's own risk - Approved 4/1 (Commissioner Halas opposed)
B. Kenneth Thompson - absent
C. Bill Osbourne discussing boating speed zones in Naples Bay - Motion
for the County Attorney to represent the Board of County
Commissioners at the Naples City Council meeting at 1:30 (time
certain) to help keep the boat speeds the same as they are today because
there isn't evidence to change the speed zones and then be prepared to
seek further action if deemed necessary for the County - Approved 5/0
D. Cooper Cordan (sp) regarding Naples Bay speed zones
E. Eric Alexander regarding Naples Bay speed zones
12. COUNTY ATTORNEY'S REPORT
A. David Weigel discussing funding issues with the Department of
Juvenille Justice
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Status of the Sheriffs Office
2004/2005 Budget.
Motion to increase the Sheriff's Department FY 05 budget by an
additional $1,687,556.26 in addition to the $119,229,900 previously
approved by the Board, for a total of $120,917,456 - Approved 5/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
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November 16, 2004
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15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd's announcement of the ribbon-cutting ceremony on
November 19 for the opening of the final phase of Livingston Road,
which will officially open on November 22,2004
B. Jim Mudd's discussion of letter from Mayor Bill Barnett
C. Discussion on extending the Blue Ribbon Committee
D. Jim Mudd's recap regarding the Sheriff's budget
E. Commissioner Halas discussing ideas for future Sheriff's budgets
F. Commissioner Coyle on ideas for reducing governmental expenditures
G. Commissioner Fiala discussing a remote control park
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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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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve for recording the final plat of "Gerald R.
Fineis Subdivision".
w/stipulations
2) Recommendation to approve the submittal of the attached Partners for
Fish and Wildlife grant application to the US Fish and Wildlife
Service for $20,000 (of which $10,000 will be reimbursable) to fund
exotic vegetation removal and habitat restoration on Conservation
Collier lands.
As detailed in the Executive Summary
3) Recommendation to approve the after-the-fact submittal of the
attached Sea Turtle License Plate Grants Program grant application to
the Caribbean Conservation Corporation for the Collier County
Environmental Services Department's Sea Turtle Public Awareness
Program and to approve any necessary budget amendments.
The time period for grant completion is one year from the
execution of agreement.
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November 16, 2004
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Carlton Lakes Unit 3-C".
The roadway and drainage improvements will be privately
maintained.
Resolution 2004-343 with release of Maintenance security
5) Petition Carny-2004-AR-6724, Pastor Ettore Rubin, c.s., Our Lady of
Guadalupe Catholic Church, requesting a permit to conduct a carnival
from November 24,25,26,27 and 28,2004, on the church property
located at 207 South 9th Street in Immokalee.
CP-2004-10 with the waving of the Surety Bond
6) Recommendation to approve for recording the final plat of "Tuscany
Cove", approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
w /stipulations
Moved to Item #10D
7) Recommendation to approve an Amendment to Agreement for Sale
and Purchase for 1.14 acres under the Conservation Collier Land
Acquisition Program at an additional cost of $1 ,200.
w/Glenda S. Beardsley, Trustee, extending the closing date from
October 30, 2004 to December 15, 2006
8) Recommendation to approve for recording the final plat of "Quarry
Phase 1 A", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/stipulations
Moved to Item #10E
9) Recommendation to approve an Amendment to Agreement for Sale
and Purchase for 3.79 acres under the Conservation Collier Land
Acquisition Program at an additional cost of $1 ,000.
w/Glenda S. Beardsley, Trustee, extending the closing date from
October 30, 2004 to March 24, 2005
10) Recommendation to have the Collier County Board Of County
Commissioners adopt a Resolution amending the Collier County
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November 16, 2004
Administrative Code fee schedule of development related review and
processing fees as provided for in Code of Laws Section 2-11.
Resolution 2004-344
11) Recommendation to have the Board of County Commissioners ratify
the County Manager's letter where he, due to the timeliness of the
issue and in his official capacity spoke for the BCC per resolution
2000-149, and in doing so provided Collier County support for a
request for sharing of title to the Pal-Mar South property between the
State of Florida and Palm Beach County and the future sharing of title
between local governments and the State in land acquisitions for
conservation purposes, as appropriate.
As detailed in the Executive Summary
12) Recommendation to approve Satisfaction of Lien for Code
Enforcement Board cases Aljo Inc. 2003-051 Stanley W. White, Jr.
2002-006 Robert A. Mitchell 2001-021 Anne J. Milne and Thelma B.
Garcia 2004-041 Eric B. Bertelsen 2001-084 Shadow Court Fuels,
Inc. 1999-052 Derya Corporation, Usulu Okur, RA 2002-025
As detailed in the Executive Summary
13) Recommendation to approve a $300.00 reimbursement to Mr. and
Mrs. John Foster to correct an erroneous posting of funds.
14) Recommendation to approve for recording the final plat of
"Southpointe at Windstar Marina 44-45 Replat".
w/stipulations
15) Recommendation to approve for recording the final plat of "Valencia
Lakes Golf and Country Club, Phase lA", approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
w /stipulations
B. TRANSPORTATION SERVICES
1) Recommendation to accept a Quitclaim Deed for Right of Way for a
portion of Woods hire Lane in Forest Lakes subdivision. Fiscal impact
$18.50.
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November 16,2004
2) Recommendation to approve a Purchase Agreement for the purchase
of property required to construct a stormwater retention and treatment
pond (Pond No.2) for the Collier Boulevard six-laning project (from
Golden Gate Boulevard to Immokalee Road). ($362,000)
As detailed in the Executive Summary
3) Recommendation for the Board of County Commissioners to approve
a budget amendment to decrease the debt service payment by
$100,858 and increase the building rent payments for the Horseshoe
Drive Square lease space from October 2004 through January 2005.
To cover the lease payments until Transportation can relocate
into their new facilities.
4) Recommend Board's approval of Adopt-a-Road Agreements (3) for
the following: Sunrise Community of Collier County, Waste
Management, Inc. of Florida and Corporate Cab, Inc.
Total cost of $150.00 for two (2) signs (other signs already exist).
5) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize carry forward amounts from FY 04
for the Lely Golf Estates Beautification MSTU Fund (152) in the
amount of $88,349.00
As detailed in the Executive Summary
6) Recommendation that the Board approve the installation of a traffic
signal at the intersection of Goodlette- Frank Road and Wilderness
Drive at an annual maintenance cost of approximately $3,500.
All of the costs associated with the construction of the traffic
signal will be reimbursed to the County by the Wilderness
Country Club Homeowners Association.
7) Approve an Amendment No.5 to extend the time of the Contract for
Professional Services Agreement by Agnoli, Barber & Brundage, Inc.
for the Livingston Road Improvement Project, from Pine Ridge Road
to Immokalee Road, Project No. 62071.
To extend the agreement until January 31, 2005.
C. PUBLIC UTILITIES
1) Recommendation to reject the bid from Vila & Sons received for Bid
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November 16,2004
# 04-3716 and to provide authorization to re-advertise for the South
County Water Reclamation Facility Installation of Irrigation and
Landscaping, Project 725071.
To encourage competitive bidding to get the best pricing for the
County.
2) Recommendation to approve Work Order VC-02-15 under Contract #
02-3349, General Contractor Service, with Wm. J. Varian
Construction Company for services related to the South County Water
Reclamation Facility - Security Upgrades and Facility Reliability
Improvements, Projects 725052 and 725081.
To improve security measures and infrastructure by furnishing
and installing new impact resistant security doors, re-keying entry
points and painting.
3) Recommendation to approve an Easement Agreement and accept a
Utility Easement from David H. and Anna M. Farmer at a cost not to
exceed $3,296, Project 710061.
As detailed in the Executive Summary
4) Recommendation to adopt a Resolution and approve a Declaration of
Easement for a Utility and Access Easement within property acquired
for a future park at an estimated cost not to exceed $13,531, Project
710061.
Resolution 2004-345
5) Recommendation to award construction contract to "Expand North
County Water Reclamation Facility Process Control Building" to
Bradanna, Inc., Bid 05-3726, Project 72510 for $179,800.00.
To expand and modernize the existing process control building to
provide an environmentally controlled instrument repair facility
and adequate space for operator training.
6) Recommendation to award construction contract to "Expand South
County Water Reclamation Facility 2nd Floor Process Control
Building" to EHC, Inc. Bid 04-3724, Project 72509 for $689,000.00
and approve a Budget Amendment for $400,000.00.
To expand and modernize the existing process control building to
accommodate the technical needs imposed by the new plant
expansion.
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November 16,2004
D. PUBLIC SERVICES
1) Recommendation to renew an Agreement for Joint Use of Facilities
with St. John Neumann High School.
As detailed in the Executive Summary
2) Recommendation to approve a Purchase Agreement for three
residential lots for expansion of the County's Bayview Park at a cost
not to exceed $92,730.
For the expansion of beach and boat access opportunities for the
community
3) Recommendation to approve after-the-fact submittal of a Florida
Recreation Development Assistance Program grant application to the
Florida Department of Environmental Protection for North Naples
Regional Park.
As detailed in the Executive Summary
4) Recommendation to adopt a Resolution amending parts of Article IV
of the Collier County Parks and Recreation Department Facilities and
Outdoor Areas License and Fee Policy.
Resolution 2004-346
5) Recommendation to find that this is a valid public purpose and
approve expenditures in an amount not to exceed $10,000 associated
with hosting the site visitation committee as part of the National
Accreditation process for the Parks and Recreation Department.
6) Recommendation to approve the FY 05 contract between Collier
County and the State of Florida Department of Health for operation of
the Collier County Health Department in the amount of $1 ,328,240.
To provide local funding to augment the level of public health
services provided to the residents of Collier County.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the First Amendment to Lease
Agreement with Jeanne L. Noe, as Trustee of the James R. Noe II
Revocable Trust, for the continued use of garage and parking space
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November 16, 2004
for the Sheriffs Office, at a total annual rental of $61 ,932.96.
Amended lease period is from November 29, 2004 through
November 28, 2005 with the right to extend for two additional
one-year periods with a five per cent rental increase each period.
2) Recommendation to approve Change Order No. 6, Work Order
#BSSW-00-07, Design of the North Naples Government Services
Center, to BSSW Architects, Inc. in the amount of $6,378.00.
As detailed in the Executive Summary
3) Recommendation to approve the purchase of vehicles and equipment
from Bid #04-12-0823 and Bid #04-05-0824 as coordinated by the
Florida Sheriffs Association, The Florida Association of Counties, and
the Florida Fire Chiefs Association when in the best interest of the
County.
4) Recommendation to approve the after-the-fact submittal of the
Cooperative Water Resources Projects Fund grant applications to the
Big Cypress Basin/South Florida Water Management District for a
reclaimed water system interconnect, a central irrigation control
system and Australian pine tree removal.
As detailed in the Executive Summary
5) Recommendation to adopt a Resolution authorizing the Director of
Facilities Management, or his designee, to execute any and all
applications for development approval including rezones,
environmental permitting and the like.
Resolution 2004-347
6) Recommendation to award Contract 04-3579, Arbitrage Rebate
Calculations for Collier County in the estimated amount of $50,000
for the 2004 calculations.
F. COUNTY MANAGER
1) Approval of Budget Amendments.
As detailed in the Executive Summary
2) Recommendation to approve First Amendment to the 2001 Tourism
Agreement with the South Florida Water Management District for
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November 16, 2004
Restoration of Lake Trafford Extending Agreement until November
30, 2005.
As detailed in the Executive Summary
3) Recommendation to Approve a TDC Category "A" Grant
Application, Interlocal Agreement, Budget Amendment and Purchase
Order in the amount of $30,000, Project 90526, for Marco Island laser
grading.
From Tigertail Park to the south end of the island
4) To purchase a new Fire Truck in a cost effective manner by utilizing
the Florida Sheriffs Bid List in the net amount of $274,973.
Request from The Isles of Capri Fire District as detailed in the
Executive Summary
5) 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.
To be constructed at 4401 Bayshore Drive, Naples
6) That the Board of County Commissioners waive formal competition
and approve the sole source purchase of AutoPulse from Revivant.
($299,989)
To maximize the survival rate of patients from out-of-hospital
cardiac death
7) Approve an Agreement between Collier County and the Department
of Community Affairs for $105,806 for Emergency Management
program enhancement. Funds, which have been made available for the
eleventh year, resulting from a surcharge to residential and
commercial insurance policies enable Emergency Management to
enhance existing programs.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) The Board of County Commissioners sittine: as the Community
Redevelopment Ae:encv. Recommendation that the Community
Redevelopment Agency (CRA) approve the expenditure of $250,000
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November 16,2004
in FY05 Budget tax increment financing (TIF) funds to assist with the
establishment of a Florida State University School of Medicine rural
health training center in Immokalee.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas' request for Board approval for reimbursement
for attending a function serving a valid public purpose. Commissioner
to attend the 2004 Farm City Barbeque on November 24,2004.
$15.00 to be paid from Commissioner Halas' travel budget.
To be held at Nobles-Collier Packing Co., 212 Jerome Dr.,
Immokalee
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Request that the Board of County Commissioners authorize Chairman
Donna Fiala to sign the attached Agreement authorizing the Collier
County Sheriffs Office to have Traffic Control Jurisdiction over
private roads within the Wilshire Lakes Subdivision.
As detailed in the Executive Summary
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
Manager's Office, Collier County Government Center, 2nd Floor, W.
Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL.
From October 16,2004 through October 29, 2004
3) Recommend that the Collier County Commission endorse the United
States Department of Justice/ Department of Treasury Federal
Equitable Sharing Annual Certification Report.
4) That the Board of County Commissioners authorize the transfer of
funds collected through the Court System to fund the Collier County
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November 16, 2004
Juvenile Assessment Center to the Clerk of the Circut Court to be
used exclusively for the operation of the Juvenile Assessment Center.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment as to Parcel
144 in the lawsuit styled Collier County v. Primera Iglesia Cristiana
Manantial De Vida, Inc., et aI., Case No. 03-2372-CA (Golden Gate
Parkway Project 60027).
Direct staff to pay the sum of $8,143.75 to the Forman, Hanratty
& Montgomery, Trust Account.
2) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Beverly J. Gatti, for Parcel Nos. 160 & 960 in the
amount of$35,305.00 in the lawsuit styled Collier County v. Beverly
Gatti, et aI., Case No. 03-255l-CA (Golden Gate Parkway Project
60027).
As detailed in the Executive Summary
3) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Daniel and Desiree Hope for Parcel No. 172 in the
amount of$9,545.00 in the lawsuit styled Collier County v. Beverly
Gatti, et aI., Case No. 03-255l-CA (Golden Gate Parkway Project
60027).
As detailed in the Executive Summary
4) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Joseph and Beth Manning for Parcel No. 169 in the
amount of$8,510.00 in the lawsuit styled Collier County v. Thomas
F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway
Project 60027).
As detailed in the Executive Summary
5) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Marvin and Eva Smith for Parcel Nos. 162 & 762 in the
amount of$20,355.00 in the lawsuit styled Collier County v. Beverly
Gatti, et aI., Case No. 03-2551-CA (Golden Gate Parkway Project
60027).
As detailed in the Executive Summary
18
November 16, 2004
6) Recommendation to authorize the making of an Offer of Judgment to
Respondents, David and Barbara S. Burgeson for Parcel No. 170 in
the amount of$15,000.00 in the lawsuit styled Collier County v.
Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate
Parkway Project 60027).
As detailed in the Executive Summary
7) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Donald and Pauline Profitt, for Parcel No. 156 in the
amount of$24,265.00 in the lawsuit styled Collier County v. Joseph
Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway
Project 60027).
As detailed in the Executive Summary
8) Recommendation to approve the Mediated Settlement Agreement as
to Parcels l32A and l32B in the lawsuit styled Collier County v.
Village Walk Homeowners Association of Naples, Inc., et aI., Case
No. 04-345-CA (Vanderbilt Beach Road Project 63051).
As detailed in the Executive Summary
9) Recommendation to approve the Mediated Settlement Agreement as
to Parcels 136 in the lawsuit styled Collier County v. John
Aurigemma, et aI., Case No. 04-344-CA (Vanderbilt Beach Road
Project 63051).
As detailed in the Executive Summary
10) Recommendation to authorize the making of an Offer of Judgment to
Respondents, Jake and Christina Sannicandro, for Parcel Nos. 155 &
755 in the amount of$9,430.00 in the lawsuit styled Collier County v.
Joseph Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate
Parkway Project 60027).
As detailed in the Executive Summary
11) Recommendation to authorize the making of an Offer of Judgment to
Respondents, William & Lisa Brock, for Parcel Nos. 148 & 948 in the
amount of $27,255.00 in the lawsuit styled Collier County v.
Elizabeth D. Bloch, et aI., Case No. 03-2403-CA (Golden Gate
Parkway Project 60027).
As detailed in the Executive Summary
19
November 16, 2004
12) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Norman C. Partington, for Parcel No. 158 in the amount
of $21 ,275.00 in the lawsuit styled Collier County v. Joseph J.
Guidish, Jr., et aI., Case No. 03-2549-CA (Golden Gate Parkway
Project 60027).
As detailed in the Executive Summary
13) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Janet Romano, for Parcel Nos. 117, l18A and 130 in the
amount of $102,465.00 in the lawsuit styled Collier County v. Dianne
P. Haaga, et aI., Case No. 03-05l8-CA (Immokalee Road Project No.
60018).
As detailed in the Executive Summary
14) Recommendation for the Board of County Commissioners to Approve
a 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
177 in the Lawsuit Styled Collier County v. Teodoro Gimenez, et aI.,
Case No. 04-0561-CA (Vanderbilt Beach Road Project #63051).
As detailed in the Executive Summary
15) Recommendation to authorize the making of an Offer of Judgment to
Respondent, TECH Foundation, Inc., for Parcel No. 150 in the
amount of$27,140.00 in the lawsuit styled Collier County v. TECH
Foundation, Inc., et aI., Case No. 03-2499-CA (Golden Gate Parkway
Project 60027).
As detailed in the Executive Summary
16) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Anna Mongillo, for Parcel No. 840 in the amount of
$7,500.00 in the lawsuit styled Collier County v. Nancy L. Johnson
Perry, et aI., Case No. 03-2373-CA (Golden Gate Parkway Project
60027).
As detailed in the Executive Summary
17) Recommendation to direct the Office of County Attorney to prepare
an ordinance for the establishment of the Rock Road Improvement
MSTU.
20
November 16, 2004
._--~,.".....-.,-
18) Recommendation to approve a satisfaction and release of lien in Code
Enforcement Board Case No. 2003-055 and direct the County
Attorney Office to file a stipulated notice of dismissal in Aljo, Inc. v
County Commissioners, Collier County, Florida, Case No. 04-1679
CA.
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
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. Recommendation to
approve Petition A VROW2004-AR60 11 to disclaim, renounce and vacate
the County's and the Public's interest in the road right of way which was
granted to the Public by the Deed of Easement recorded in Official Record
Book 321, Page 277, Public Records of Collier County, Florida. Located in
Section 22, Township 49 South, Range 25 East.
Resolution 2004-348
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
21
November 16, 2004
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