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Recap 12/14/2004 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì-~ -", . -:~~( AGENDA December 14, 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 VERBA TIM RECORD Page 1 December 14,2004 ""-- "-----~.__."..^- 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 IMPAIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Dr. Kathleen Kircher, St. Monica's Episcopal Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. November 10, 2004 - BCC/Land Development Code Meeting Approved as presented - 5/0 C. November 15,2004 - Special Value Adjustment Board Meeting Approved as presented - 5/0 D. November 16,2004 - BCC Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards Page 2 December 14, 2004 ..._.~ 1. Advisory Committee Service Awards. Presented 4. PROCLAMATIONS A. Proclamation to acknowledge that December 7,2004 was celebrated as Golden Gate High School Junior Civitan Club Day. To be accepted by: Mrs. Connie Pinckney, Faculty Adviser. Adopted - 5/0 5. PRESENTATIONS A. Presentation by the Lake Park Elementary School 4th Grade Panther Posse regarding the Florida Panther Poster Contest. Presented B. Recommendation to recognize Heriberto (Eddie) Hartnack, County Veteran Services Officer, Public Services Division, as Employee of the Year for 2004. Recognized C. Presentation of Status Report by the Caribbean Gardens Blue Ribbon Committee. To be presented by Kathy Prosser, Committee Chairman. Motion made for staff to continue to work with Committee up until time that the BCC brings it back - Approved 4/1 (Commissioner Halas opposed); Reconsideration of previous motion - Approved 5/0; Motion made for Staff to continue to work with Committee up until the time that the BCC brings it back and with the stipulation that Staff will not be involved in solicitation of funding in anyway - Approved 5/0; Motion made to direct County Attorney to bring back a Resolution regarding an official sanctioned committee for land uses of Fleishmann property and for them to seek funding from Governmental funded sources _ Approved 5/0 6. PUBLIC PETITIONS A. This item continued from the November 16~ 2004 BCC Meetin!!. 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. The next Antique Auto show will be held March 19, 2005 Page 3 December 14, 2004 B. Public Petition request by Robert France to discuss parcel exchange at 3681 4th Avenue Northeast. Motion to bring back and to be placed on a future BCC Agenda- Approved 5/0 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation by the Community Redevelopment Agency (CRA) to the Board of County Commissioners (BCC) to expand the boundaries of the Immokalee Community Redevelopment Area to include the entirety of parcels inadvertently bisected by the present boundary. Resolution 2004-384 Adopted 5/0 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2004-AR-5220 Land Development Group, LLC, represented by Ronald Nino, AICP, of Vanasse Daylor, LLP, requesting a rezone from Rural Agricultural (A) zoning to Mixed Use Planned Unit Development (MUPUD) for a project to be known as the Buckley Mixed Use PUD to allow for mixed-use commercial and residential development. The PUD is proposed for a maximum of 251 residential dwelling units, a maximum of 74,230 square feet of retail commercial, and a maximum of97,070 square feet of office commercial uses. The property is located at 7501 Airport-Pulling Road, in the northwest quadrant of the intersection of Airport-Pulling Road and Orange Blossom Drive, north of the Collier County Regional Library, in Section 2, Township 49 South, Range 25 East, Collier County, Florida, consisting of22.84± acres. Motion to approve w/ density and height conditions - Denied 3/2 needed super majority (Commissioner Henning and Halas opposed); Motion to reconsider - Approved 4/1 (Commissioner Henning opposed); Motion to bring back to a later BCC Meeting of January 25, 2005 w/ additional information from Staff, Petitioner to pay for re-advertising costs - Approved 4/1 (Commissioner Henning opposed) C. Adoption of an Ordinance amending Chapter 74 of The Collier County Code of Law and Ordinances, as amended by Ordinance No. 2001-13, The Collier Page 4 December 14,2004 "---'--. _.~.,---_. County Consolidated Impact Fee Ordinance, providing for annual mid-cycle year indexing adjustments to water and sewer impact fee rates. Ordinance 2004-79 Adopted - 5/0 D. This is a companion item to Item 10B~ which will be heard followin!! lOA and 10B~ and will be heard at 10:00 a.m. Adoption of an ordinance authorizing the issuance of limited general obligation bonds (Conservation Collier Program) from time to time payable from the levy of an ad valorem tax levied upon all taxable real property in the County in an amount not to exceed one-quarter of one mill for the principal purpose of acquiring certain environmentally sensitive lands within the County; providing for various rights and remedies of the bondholders; providing that the bonds authorized hereunder will be limited general obligations of the county; and providing an effective date. (Staff request) Ordinance 2004-78 Adopted -5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Library Advisory Board. Resolution 2004-385 Re-appointing Andrew H. Reiss and Doris J. Lewis - Adopted 5/0 B. Appointment of member to the Ochopee Fire Control District Advisory Committee. Resolution 2004-386 Re-appointing Kent L. Orner of District 5 and waiving the 2- term limit - Adopted 5/0 C. Appointment of members to the Golden Gate Community Center Advisory Committee. Resolution 2004-387 Re-appointing Cheryle L. Newman (District 3) and William E. Arthur (District 3) and waiving the 2- term limit - Adopted 5/0 D. Appointment of member to the Golden Gate Beautification Advisory Committee. Resolution 2004-388 Appointing Ginger Martin (District 3) _ Adopted 5/0 E. Appointment of members to the Development Services Advisory Committee. Resolution 2004-389 Re-appointing Robert J. Mulhere and Dalas Page 5 December 14, 2004 ~-~^""'- D. Disney and Appointing Jason Hamilton Mikes, Gerorge H. Hermanson and David B. Dunnavant and waiving the 2-term limit - Adopted 5/0 F. The Annual Performance Appraisal for the County Attorney. Motion for 02-03, and 03-04 8% merit increase each year, plus provide life insurance on a par with what County Manager receives-Denied 2/3 (Commissioner Halas, Henning and Coyle opposed) No merit increase for 02-03, 8% merit increase for 03-04, Commission to provide portable term life insurance at $450,00, and require a yearly performance review due in October of each year- Approved 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. Recommendation to approve a Resolution authorizing the issuance of capital improvements and refunding revenue bonds Series 2005 in an amount not to exceed $180,000,000. (Sales Tax Bond Issue) (Mike Smykowski, Director, Office of Management and Budget) Resolution 2004-382- Adopted 5/0 B. This item to be heard immediately followin!! Item lOA. Recommendation to approve a Resolution authorizing the issuance of limited general obligation bonds in a not to exceed amount of $75,000,000. (Conservation Collier Program) (Mike Smykowski, Director, Office of Management and Budget) Resolution 2004-383- Adopted w/changes-5/0 C. This item continued indefinitely. Consideration of Multi-County Agricultural Extension position. Due to the Sheriffs budget appeal, no consideration of Un financed Requirements (UFR) list will be considered at this time. (Jim Mudd, County Manager) Approved to continue - 5/0 Page 6 December 14, 2004 ..-.... ,,- -~~..._-_."......- D. Approve and Adopt by Resolution a Hazard Mitigation Plan for Collier County also applicable to its Municipalities. Copies of the Hazard Mitigation Plan are available for review at the County Manager's Office, 3rd Floor W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, FL and all Collier County Public Libraries. (Dan Summers, Director, Emergency Management) Resolution 2004-390 - Adopted 4/0 (Commissioner Halas out) E. Recommendation to approve the Selection Committee's recommendation and approve a Professional Services Agreement with Carollo Engineers in the amount of$II,725,020.00 pursuant to RFP # 043673 for design and resident engineering services through the warranty period related to the construction of the Northeast Water Reclamation Facility and the Northeast Water Treatment Plant, Project Numbers 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) Approved - 4/1 (Commissioner Henning opposed) F. This item to be heard at 1:00 p.m. Recommendation to allow a presentation of the construction options for the Golden Gate High School Bridge Study alternatives conducted by the Collier County School Board and the preferred alternative selected by the School Board at their November 18, 2004 Board meeting. (Norman Feder, Administrator, Transportation Services) Motion to approve transportations recommendation -Approved 5/0 Moved from Item #16A2 G. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Changes to the PUD monitoring fees) Resolution 2004-391 Adopted w/changes - 5/0 Moved from Item #16A3 H. Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company. Approved - 5/0 Moved from Item #16A4 I. Approval of the application for the Job Creation Investment Program, the Broadband Infrastructure Investment Program ana the Fee Payment Page 7 December 14, 2004 '.---,..,..,-~. _._-...._->._.,-_........,~....._~~,-~-,. -'-~--~...,._.._~.~...~._---,,~. Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the up front fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. Motion to Deny- Approved 4/1 (Commissioner Coletta opposed) Moved from Item #16A9-remained on Consent J. Request that the Board approve the reinstatement of the PUD Amendment Process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezonIng process. Moved from Item #16D7 K. Recommendation to approve a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. Located at 1051 Fifth Avenue for a term of thirty (30) years Approved - 5/0 Moved from Item #16E4 L. Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. (Commissioner Coyle's request) Approved w/stipulations - 5/0 Moved from Item #16D4 M. Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement. Approved - 5/0 Page 8 December 14, 2004 "'--"" "'"_'__'"~'~'O> 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bill Klohn with MGD Capital Corporation re: approval of the Arrowhead Reserve @ Lake Trafford affordable housing PUD fast-track process- Approved 5/0 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Attorney David Weigel's discussion regarding establishing an alternate member position on various County Advisory Board Meetings B. County Manager Jim Mudd's comments on the City of Naples "Urban Services Report" C. Pelican Bay Foundation- Parking Facility (Clam Pass) D. Commissioner's comments on the Pelican Bay Annexation ---------------------------------------------------------------------------------------------------------- 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. Approved and/or Adopted with Changes-5/0 ------------------------------------------------------------------------------------------------------------ A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve for recording the final plat of "Mediterra Parcel 125," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations Page 9 December 14, 2004 "......_"'.._---^-~-~... Moved to Item #10G 2. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule of development-related review and processing fees as provided for in Code of Laws Section 2-11. (Changes to the PUD monitoring fees) Moved to Item #10H 3. Recommendation to approve the application for the Property Tax Stimulus Program, Advanced Broadband Infrastructure Investment Program and the Job Creation Investment Program by Advocate Aircraft Taxation Company. As detailed in the Executive Summary Moved to Item #101 4. Approval of the application for the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program by Guadalupe Center, Incorporated and provide for the waiver to pay the upfront fifty-percent of the estimated Transportation Impact Fees at Final Site Development Plan approval, but instead pay all impact fees, in full, at issuance of the Building Permit through the Fee Payment Assistance Deferral Agreement. As detailed in the Executive Summary 5. Recommendation to approve for recording the final plat of "Veronawalk Phase 2B," and approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 6. Approval of Satisfactions of Lien. As detailed in the Executive Summary 7. Recommendation to grant final approval of the roadway (Public) and drainage improvements for the final plat of" Sabal Bay Commercial Plat - Phase One." The drainage improvements will be privately maintained. Collier County will maintain the roadway improvements within Thomasson Drive and Xeric Lane. Resolution 2004-371 w/release of the maintenance security Page 10 December 14, 2004 ---"--. 8. Recommendation to approve for recording the final plat of "Britney Estates," approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations Moved to Item #10J-Remained on Consent 9. Request that the Board approve the reinstatement of the PUD Amendment Process by the Department of Zoning and Land Development Review in order to allow for a PUD amendment to be processed in the form of a substantial modification to the PUD rather than through a total PUD to PUD rezoning process. 10. A recommendation to release and authorize the Chairman to execute a Satisfaction for an Impact Fee Deferral Agreement for Brittany Bay Apartments, Phase II upon receipt of a legally sufficient irrevocable letter of credit in the amount of $1 ,210,626.56 on behalf of CED Capital Holdings 2001B, LLC. As detailed in the Executive Summary 11. Request approval by the Board of County Commissioners for an additional amendment cycle for the 2005 calendar year to address urgent amendments to the Land Development Code regarding Sidewalk issues pursuant to the requirements of Chapter 10 of the Collier County Land Development Code. Beginning on January 7,2005 and ending on March 22, 2005 B. TRANSPORTATION SERVICES 1. Recommendation to Approve Award of Bid #05-3691, "Roadway Lighting Components" to Multiple Vendors. With Hughes Supply, Inc., Consolidated Electrical Distributors, Inc., Grainger Industrial Supply, and R.J. Steedman, Inc. Withdrawn 2. Recommendation for Board approval to reject all bids received under Bid #04-3595R "Clearing, Grubbing and Tree Trimming Removal Services. " Based on an existing contract that will provide the services that Road Maintenance is seeking Page 11 December 14, 2004 h__._..·..._.."_M_~. 3. Recommendation to approve a Resolution to reduce the speed limit on New Market Road to 35 miles per hour for the section from Jerome Drive to Hendry Street and 40 miles per hour for the section from Hendry Street to State Road 29 (North 15th Street) at a cost of approximately $400. Resolution 2004-372 4. Recommendation to approve award of Bid #05-3690, "Electrical Components," to multiple vendors. Awarded to Consolidated Electrical Distributors, Inc., Time Mark, Inc., Hughes Supply, Inc., and Traffic Parts, Inc. 5. Recommendation to Award Contract #04-3588 "Fixed Term Material Testing Services" to the following firms: Allied Engineering & Testing, Inc.; Ardaman & Associates, Inc.; ASC Geosciences, Inc.; Forge engineering, Inc.; and Professional Engineering and Inspection Company, Inc. (Estimated Annual Amount $750,000) 6. Recommendation to award bid #05-3741 "Mowing of Grassed or Vegetated Roadside Areas" for the estimated annual amount of $276,000.00 to Southern Services. 7. Recommendation to approve Supplemental Agreement No.2 to the Professional Services Agreement with American Consulting Engineers of Florida, LLC, in the amount of$357,735 for the design of Goodlette- Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. As detailed in the Executive Summary 8. Recommendation to approve a Donation Agreement and to accept the conveyance of a Temporary Construction Easement required for the replacement of a drainage pipe under Blocks 260 and 261, Golden Gate Unit 7 (Project No. 60016). Estimated Fiscal Impact: $18.50 To prevent potential flooding 9. Recommendation for the Board's approval of Adopt-a-Road Agreement for the following: Naples Bay Rotary Club. At a total cost of $150.00 for two (2) new signs Page 12 December 14, 2004 -----.."'--·-~..-,-"-,·___".^.,.h..'_,.._ Withdawn -- 10. Recommendation to award a construction contract in the amount of $34,500 to Stemic Enterprises, Inc. and allocate $3,450 (10% of the construction cost) for contingency purposes to dredge the outfall at Wiggins Pass located off of Pan American Avenue, Project Number 51212, Bid No. 05-3734. To remove sediment due to construction 11. Recommendation to award Bid #05-3687 "Vanderbilt Beach Beautification MSTU Roadway Grounds Maintenance" contract to Commercial Land Maintenance in the amount of $34,697.00. For FY 2004-2005 servicing of the roadway medians within the MSTU 12. Recommendation that the Board of County Commissioners (1) approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida State Department of Transportation, in which Collier County would be reimbursed up to $24,500 of the total estimated cost of $28,000 for construction of a sidewalk segment on 53rd St. SW from 28th Place SW to 30th Ave. SW in Golden Gate; (2) authorize the advance of $24,500 from the Gas Tax Fund; and (3) approve future fiscal year annual costs of sidewalk maintenance and all necessary budget amendments Resolution 2004-373 13. Recommendation to award bid #05-3750 "Rattlesnake Hammock Road (CR 864) (US 41 Tamiami Trail East to Polly Avenue) Roadway Grounds Maintenance" to Ground Zero Landscaping Services in the amount of$30,781.90. As detailed in the Executive Summary 14. Recommendation to award bid #05-3751 "Pine Ridge Road (Airport Pulling - Logan Blvd.) Roadway Grounds Maintenance" to Commercial Land Maintenance, Inc. in the amount of$104,270.25. As detailed in the Executive Summary 15. Recommendation that the Board accept a donation from Florida Power & Light in the amount of$155,000. As detailed in the Executive Summary Page 13 December 14, 2004 16. Recommendation that the Board accept a donation from WCI Communities, Inc. up to the amount of $100,640.00 for landscaping along Livingston Road adjacent to Tuscany Reserve. W / stipulations and contracted with Outside Productions, Inc. 17. Recommendation to approve a budget amendment to reallocate $28,000 from the Golden Gate City Outfall- Project Number 512181 to the Fish Branch Creek Box Culvert - Project Number 510211; Both are part of the Water Management Department Capital Projects. As detailed in the Executive Summary 18. Recommendation to approve Contract Amendment No. 03-3473-AOl with HDR Engineering, Inc. -"Consultant Services for Preparation of a Land Development Overlay for Bayshore/Gateway Triangle Community Redevelopment Area (CRA) District" to include civil engineering design services in the amount of $156,071.40 for the Gateway Triangle Drainage Improvement Project, Project Number 518032. As detailed in the Executive Summary C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2004-374 2. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2004-375 3. 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 Page 14 December 14, 2004 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2004-376 4. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $20.00 to record the Satisfactions of Lien. 5. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $20.00 to record the Satisfactions of Lien. 6. Recommendation to approve Work Order JEI-FT-05-01 to Johnson Engineering (JEI) in the Amount of$163,364 for Engineering Services for the design, construction plans and construction inspection of a Master Pump Station under Contract 01-3290 - Fixed Term Professional Engineering Services, Project 73079. As detailed in the Executive Summary 7. Recommendation to approve FY 04-05 Innovative Waste Reduction and Recycling Grant Agreement from the Florida Department of Environmental Protection to fund construction of the Innovative Recycling Fitness Walk, and associated Budget Amendment. To be located at Eagle Lakes Community Park with a completion date of November 30,2005 8. Recommendation to award Bid #04-3721 for the hauling and disposal of lime sludge in the estimated annual amount of $200,000 for the South Regional Water Treatment Plant. Awarded to current vendorProLime Services, Inc. 9. Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. OT050868 for partial funding of the l6-inch Reclaimed Water System Interconnect, Davis Boulevard to Radio Road. As detailed in the Executive Summary D. PUBLIC SERVICES Page 15 December 14, 2004 1. Recommendation to approve the purchase of two residential lots from Kenneth and Eileen Clawson for expansion of the County's Bayview Park at a cost not to exceed $22,070. Project 80060. For the expansion of beach and boat access opportunities for the community 2. Recommendation to approve the purchase of two residential lots from Bernadette M. Lemelin for expansion of the County's Bayview Park at a cost not to exceed $16,365, Project 80060. For the expansion of beach and boat access opportunities for the community 3. Recommendation to approve the purchase of two residential lots from Andrew and Anne Lena for expansion of the County's Bayview Park at a cost not to exceed $22,070, Project 80060. For the expansion of beach and boat access opportunities for the community Moved to Item #10M 4. Recommendation to approve an Agreement to Transfer Assets and Release Sanctuary Skate Parks-Collier, Inc. from an existing Skate Park Concession Agreement. As detailed in the Executive Summary 5. Recommendation to enter into agreement to provide existing funding of $50,000 for operational expenses associated with the Collier County Medical Society development of the American Project Access Network of Collier County a coordinated, integrated system of accessing health care for uninsured citizens of Collier County. For the period of January 1,2005 through September 30,2005 6. Recommendation to approve a budget amendment in the amount of $300,183 to ensure continuous funding of the Older Americans Act grant. Administered by Senior Solutions of Southwest Florida Moved to Item #10K 7. Recommendation to approve a Lease Agreement with Southwest Heritage, Inc. for use of the Naples Railroad Depot as a branch facility of the Collier County Museum at an annual rent of $1, staffing and Page 16 December 14, 2004 _. , "._-_..,._.., ,.. operations cost of $200,800, building improvements and repairs of $250,000, and exhibit development costs of $85,000. Located at 1051 Fifth Avenue for a term of thirty (30) years 8. Recommendation to approve agreement between Collier County Veterinary Society, Inc., and Collier County for neuter, spay and general physical examination services. For reduced cost emergency animal medical services E. ADMINISTRATIVE SERVICES 1. Recommendation to authorize the additional expenditure of a sum not to exceed $7,500.00, for additional overtime payments as a result of the Fair Labor Standards Act Audit. As detailed in the Executive Summary 2. That the Board of County Commissioners approve award of Bid #05- 3758, "Parts for Fleet," in two categories as follows: Heavy Trucks, Heavy Equipment and School Buses - award to Naples Truck Parts as primary vendor and to Bonita Auto Supply, Inc.-NAP A and NAP A Auto Parts as secondary vendors; Automobiles and Small Trucks- award to Bumper to Bumper Parts Depot, Inc. #540 as primary vendor and to Bonita Auto Supply, Inc.-NAPA and NAPA Auto Parts as secondary vendors. For a two-year parts and supply contract with a renewal option for an additional two years 3. Recommendation to approve a budget amendment in the amount of $32,000 to prepare and secure an alternative site for the storage and sale of surplus vehicles at future surplus property auctions. At the Collier County Fairgrounds Moved to Item #10L 4. Recommendation to retain from active sales various properties obtained from Avatar Properties, Inc., and which are part of the GAC Land Trust. As detailed in the Executive Summary Page 17 December 14, 2004 .-.. .._""----"--,~~ 5. Recommendation to approve Amendments to two existing Lease Agreements with Alan and Patricia Boole for the continued use of garage space by the Sheriffs Office, at a total cost of $85,800. Located at 3573 Arnold Avenue for a period expiring December 31,2005 6. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. For the period of October 30,2004 through November 22, 2004 7. Confirm and consent to the re-assignment ofRFP No. 00-3113 "Department of Utility Billing Services Integrated Software System" from IMS of Tech, Inc. to N. Harris Computer Corporation. As detailed in the Executive Summary 8. That the Board of County Commissioners award Bid No. 05-3746 for Temporary Clerical Services to Manpower Temporary Services, Inc. as primary vendor, and Kelly Services, Inc., as secondary vendor. At an estimated dollar amount of $100,000 9. Recommendation to approve an increase to the cost of work in the amount of $45,000 to Contract No. 04-3694, for the remodeling of the Collier County Clerk's MIS Department located on the 5th floor of the County Administration Building. As detailed in the Executive Summary F. COUNTY MANAGER 1. Recommendation to Approve the Award of Bid #05-3744, Hideaway Beach Jetty and T-Groin Construction, to Marine Contracting Group, Inc., in the Amount of$2,140,880 and authorize a $180,000 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Hideaway Beach Renourishment, Project 90502. 2. Recommendation to Approve Work Order Amendment # 1 to TE- FT- 03-02 with Taylor Engineering for additional design/permitting efforts for Marco South Beach Renourishment, project 90500, in the amount of $36,610. As detailed in the Executive Summary Page 18 December 14, 2004 --.-.--.,".. ~~-'-'--<-""'-"-''---"'- 3. Recommendation to approve an engineering services work order with Coastal Planning & Engineering, Inc., under contract #01-3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, for designing and permitting an artificial reef and for completing requirements established by the U.S. Minerals Management Service for a borrow area lease, in an amount not to exceed $153,160. As detailed in the Executive Summary 4. Recommendation to Approve the Award of Bid # 05-3753, Maintenance Dredging of Wiggins Pass, to Snyder Industries, Inc., in the Amount of$380,000, and authorize a $44,149 time and materials engineering services work order with Humiston & Moore Engineers for construction observations and monitoring, Wiggins Pass Dredging 2005, Project 90522. 5. Recommend the Board approve a Memorandum of Understanding with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters Inc to include a career progression matrix to the current collective bargaining agreement. An annual expenditure of approximately $33,000 6. Approve sole source purchase of "Audicor" for placement on Collier County Emergency Medical Services Department units in the amount of$225,000. From Inovise, Inc. to aid patients suffering from Acute Coronary Syndrome (ACS) 7. Award Bid #04-3715 for Self-Contained Breathing Apparatus to Porche Fire Equipment, Inc. in the Amount of $90,000. 8. Recommendation that the Board of County Commissioners award Bid #05-3749 in the amount of$67,840.00 for Clam Bay Interior Channel Construction Phase III, to Floraquatics, Inc. 9. Recommendation to approve a Lease Agreement with the City of Naples for shared use ofPire Station 2 at a first year's total cost of $146,600. Located at 977 26th Avenue North, Naples Page 19 December 14,2004 ·"__.__~~,w_____..._ 10. Approve a Florida Emergency Medical Service County Grant Application, Grant Distribution Form, and Resolution for training and medical/rescue equipment in the amount of $112,672.82 Resolution 2004-377 11. Approve the sole source purchase of one SimBaby for training purposes of Collier County Paramedics and EMT's to maximize and enhance the current delivery of care to infant patients. This is a previous awarded grant from the State of Florida. Purchased from Laerdal Medical in the amount of $40,600 12. Recommendation that the Board of County Commissioners Approve and Ratify the Collective Bargaining Agreement with the Firefighters of the Everglades International Association of Firefighters, Local 3670. The Agreement is available for public viewing at the Collier County Manager's Office or Bureau of Emergency Services Office, 3301 East Tamiami Trail, W. Harmon Turner Bldg, Naples, FL. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS Withdrawn 2. 3. ---,..,..- 1. Commissioner Coletta requests Board approval for reimbursement for attending the Hospice of Naples Open House Reception serving on December 16, 2004; $20.00 to be paid from Commissioner Coletta's travel budget. To be held at the Coconut Place Office Park, 12336 Tamiami Trail East from 3:00 to 6:00 P.M. Commissioner Coletta requests Board approval for payment of an overnight stay between Southwest Florida Regional Legislative Delegation Reception on December 9th and the Issues '05 Southwest Regional Delegation Forum on December 10th; $79.00 to be paid from Commissioner Coletta's travel budget. At the Wynstar Inn & Suites in Ft Myers, FL Commissioner Coletta requests Board approval for reimbursement for attending the Naples Hispanic Chamber of Commerce's First Annual Page 20 December 14, 2004 Christmas Party; $30.00 to be paid from Commissioner Coletta's travel budget. Held December 8, 2004 at the Naples Bath and Tennis Club 4995 Airport Road North, Naples 4. Commissioner Coletta requests Board approval for reimbursement for his attending the Kiwanis Club Luncheon featuring Dr. Gene Landrum as its speaker on December 8, 2004; $10 to be paid from Commissioner Coletta's travel budget. Held at 1:00 P.M. at the One Stop Career and Service Center 750 South 5th Street Immokalee, FL 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, 3301 East Tamiami Trail, W. Harmon Turner Building, 2nd Floor, Naples, Florida. For the period of November 13, 2004 through November 26, 2004 2. In compliance with the purchasing policy, report to the Board of County Commissioners the total dollar amount of interest payments that were made during the preceding fiscal year for violations of the Florida Prompt Payment Act. An interest payment penalty amount of $7,397.91 was made on October 3, 2003 to Florida State Underground, Inc. K. COUNTY ATTORNEY Page 21 December 14, 2004 1. Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary Lou Adsit, for Parcel No. 181 in the amount of $163,900 in the lawsuit styled Collier County v. Mary Lou Adsit, et aI., Vanderbilt Beach Road Project 63051. 2. Recommendation for the Board of County Commissioners to Approve an Agreed Order and Authorize Payment of Engineering Fees for Parcels 117, 133, 7l7A, 717B and 733 in the Lawsuit Styled Collier County v. Calusa Bay Master Association, Inc., et. aI., Case No. 02- 2040-CA (Goodlette-Frank Road Project #60134). Authorize payment of $39,000 to the Calusa Bay Master Association, Inc. 3. Recommendation to approve the Mediated Settlement Agreement as to Parcel 116 in the lawsuit styled Collier County v. Northside Construction Company, et aI., Case No. 00-0136-CA, Pine Ridge Road Proj ect 60111. $118,200 to be paid to respondent Frank C. Craparo 4. Recommendation to authorize the making of an Offer of Judgment to Respondents, Jack V. Harrison and Juanita Harrison, for Parcel No. 122 in the amount of$12,500 in the lawsuit styled Collier County v. Village Walk Homeowner's Assoc. of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project 63051). 5. Recommendation to approve a Stipulated Final Judgment as to Parcel 102 in the lawsuit styled Collier County v. Pelican Marsh Community Development District, et aI., Case No. 04-1532-CA (Vanderbilt Beach Road Project 63051). $130,977.26 paid to respondent Pelican Marsh CDD 6. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166A in the amount of$36,150.00 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5l66-CA (Immokalee Road Project 60018). Page 22 December 14, 2004 -.---...--..-., 7. Recommendation to authorize the making of an Offer of Judgment to Respondent, Walnut Farms, Inc., for Parcel No. 166B in the amount of$207,100.00 in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case No. 02-5166-CA (Immokalee Road Project 60018). 8. Recommendation for consideration and Approval of Agreement and Budget for Partial Funding of Legal Aid services to assist qualified indigent residents of Collier County with civil legal problems. With Legal Aid Service of Collier County for the period October 1, 2004 through September 30, 2007 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 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 VROW2001-AR1388 to renounce and disclaim all rights and interests of the public to access (ingress/egress) and travel upon the following road rights-of-way located within Boyne South subdivision. Those road rights-of-way depicted and described in the plat of "Royal Palm Golf Estates Unit One", as recorded in Plat Book 12, Pages 13 through 18, Public Records of Collier County, Florida; providing for the continuing and unaffected rights of easement holders, emergency medical and fire services, Collier County water management vehicles and personnel, Collier County transportation vehicles and personnel and Collier County water-sewer district vehicles and personnel; providing an effective date. Located in Section 20, Township 51 South, Range 27 East. Resolution 2004-378 Page 23 December 14, 2004 --." B. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Petition V A-2004-AR- 6140, Pine Ridge Center and Pine Ridge Center West PUDs, represented by D. Wayne Arnold, AICP ofQ. Grady Minor & Associates, P.A., requesting two 15-foot variances, one from the required I5-foot setback for the western boundary of the Pine Ridge Center Planned Unit Development (PUD), and a 15-foot variance from the required I5-foot setback for the eastern boundary of the Pine Ridge Center West PUD, to permit a O-foot setback from the common boundary between the two PUDs. It is the applicant's intent, if these variances are granted, to construct a single office building across the common property line. Resolution 2004-379 C. SE-2004-AR-5861, An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04-41, as amended, the Collier County Land Development Code, by specifically amending Ordinance 03-51, pertaining to the Wentworth Estates PUD, to correct a Scrivener's Error due to inclusion of an incorrect Zoning Atlas Map Number for Wentworth Estates PUD; and by providing for an effective date. Ordinance 2004-76 D. This item reQuires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Pinnacle Towers, LLC, represented by Deborah L. Martohue, Esquire, of Hayes & Martohue, P.A., requesting Conditional Use 13 of the (A) Agricultural zoning district for a 518- foot replacement guyed tower and associated facilities, prior existing 524-foot guyed tower destroyed July 12, 2004. The property, consisting of 14.55 acres, is located at 305 Tower Road, northwest intersection of U.S. 41 and S.R. 951, in Section 3, Township 51 South, Range 26 East, Collier County, Florida Resolution 2004-380 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRI-04-AR-6469, Lucky Strike MK, Inc., represented by R. Bruce Anderson, ofRoetzel & Andress, LP A, requesting an amendment to the Green Heron Development of Regional Impact (DRI) Development Order by extending the termination date from February 7, 1999 to January 1,2009 for property located on the north side of Radio Road (C.R. 856) and approximately one-half mile east of Page 24 December 14, 2004 -.-. ..--'.-----.,.,. ~-----_.._........"._- Santa Barbara Boulevard in Section 33, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2004-381/DO 2004-03 F. Recommendation To Consider Adoption Of An Ordinance Of Collier County Florida, Amending Collier County Ordinance No. 91-65, To Add A Position Of Alternate Member On The Affordable Housing Commission. Ordinance 2004-77 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 25 December 14, 2004 .--.-