Recap 01/25/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
tì"'··
"',
"
.,
",,",-.-, ..
. .--=
AGENDA
January 25, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
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,
Page 1
January 25, 2005
--._,_....,-^."._~ -,_.~ ---.--.
_._...._. '0.._--.......---.-
-...'""--.--....,..,. -.-....-.,.--.-.-..-"
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING 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
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
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Jeanine McPherson, Parks and Recreation
Presented
2) Richard Winans, Transportation Road Maintenance
Presented
3) Carol Travis, Library
Presented
4. PROCLAMATIONS
Page 2
January 25, 2005
. _'_"_~_'_"""'T"WH"
A. Proclamation to recognize the Immokalee High School Football Team and
Coach Weber for becoming the Class 2A State Football Champions. To be
accepted by the football team, Coach John Weber, Principal, Armando
Touron; and Linda Ayer.
Adopted - 5/0
B. Proclamation to recognize January 23-29,2005 as Emergency Planning and
Community Right-to-Know Act. To be accepted by Rick Zyvoloski,
Emergency Management Coordinator for Collier County.
Adopted - 5/0
C. Proclamation to recognize January 25, 2005 through January 17,2006 as A
Year of Celebration of the Life and Vision of American Statesman Benjamin
Franklin. To be accepted by Mr. Ardyn Long, President of Friends of the
Library.
Adopted - 5/0
D. Proclamation to congratulate the residents of Marco Island in recognition of
their 40th Anniversary Celebration. To be accepted by Terri DiSciullo,
Council Chairwoman for the City of Marco Island.
Adopted - 5/0
E. Proclamation to have recognized January 16th through January 22nd, 2005
as National Jaycee Recognition Week. To be accepted by Rebekah Pastor,
Naples Jaycee's 2005 President.
Adopted - 5/0
F. Proclamation to recognize February 4th through May 1 st, 2005 as Matisse,
Picasso & Friends Season. To be accepted by Jackie Lane, Creative Director
for the Philharmonic Center for the Arts.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Ana Fuentes, Customer Service Specialist,
Administrative Services Division, as Employee of the Month for January
2005.
Presented
6. PUBLIC PETITIONS
Page 3
January 25, 2005
_.··_.____,~~O_
A. Public Petition request by Tom Mooney to discuss storm water management
in Naples Park.
Chairman directed County Attorney to provide a written statement
regarding the BCC's position
B. Public Petition request by Donald Schummer to discuss motion of the Board
to purchase right-of-way along west side of Santa Barbara Boulevard
between Golden Gate Parkway and Pine Ridge Road.
Presented; Item to be covered on today's agenda (Item #10A)
C. Public Petition request by Nancy Lange to discuss refund of impact fees
charged in error.
County Attorney and Impact Fee Division to discuss request
w/petitioner
Items 7 and 8 to be heard be/tinning at 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to approve the 2004 Cycle Growth Management Plan
Small Scale Amendment. (Adoption cycle).
Ordinance 2005-03 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-5987
Baldridge Real Estate, Inc., represented by Tim Hancock of Talon
Management, requesting a rezone from the RMF -12 zoning district to the
PUD zoning district to be known as Zone PUD Planned Unit Development
which will include a maximum of 6,840 square feet of commercial use. The
property is located on the northeast comer of Golden Gate Parkway and
52nd Terrace S.W., in Section 28, Township 49 South, Range 26 East,
Collier County, Florida, consisting of .83± acres. (Companion item to CPSS-
2004-01)
Ordinance 2005-04 Adopted w/stipulations-4/1 (Commissioner Halas
opposed)
C. This item was continued from the December 14.2004 BCC meetiD!!.
Page 4
January 25, 2005
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 of 97,070 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 of 22.84± acres.
Ordinance 2005-05 Adopted w/stipulations - 5/0
D. Recommendation to approve the 2004 Cycle Growth Management Plan
Amendments. (Transmittal hearing).
CP-2004-01 - Approved 3/2 (Commissioners Halas and Fiala opposed)
CP-2004-02 - Approved 4/1 (Commissioner Halas opposed)
CP-2004-03 - Approved 4/0 (Commissioner Henning out)
CP-2004-04 - Approved w/changes 5/0
CP-2004-05 - Approved w/stipulations 5/0
CPSP-2004-07 - Approved 5/0
Resolution 2005-82 (Transmitting GMP Amendments to DCA)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Land Acquisition Advisory Committee.
Resolution 2005-81 appointing Anthony P. Pires, Jr. - Adopted 5/0
Continued to the February 8th BCC Meeting
B. This item to be heard at 10:30 a.m. Discussion regarding the Pelican Bay
Apnexation report. (Commissioner Henning request)
C. Request to reconsider Warm Springs PUD, PUDZ-A-2004-AR-6142 Naples
Syndications, LLC. (Commissioner Halas request)
Motion to reconsider w/petitioner to pay for advertising costs and bring
back to a future BCC meeting - Approved 5/0
Page 5
January 25, 2005
10. COUNTY MANAGER'S REPORT
A. Presentation of recent analysis and recommendation of continuing with the
current design for Santa Barbara which includes widening to six lanes from
Davis Boulevard to Golden Gate Parkway and rebuilding a four lane
roadway in a six lane right-of-way from Golden Gate Parkway to Green
Boulevard with a slight revision to the Golden Gate Parkway intersection to
include three northbound lanes for a short distance to help the current and
future operations of this intersection. (Norman Feder, Administrator,
Transportation Services)
Approved w/stipulations - 5/0
B. Recommendation to approve an alternative road impact fee calculation and
resulting rate of$9,619 Per 1,000 square feet for the proposed Germain
Riverchase BMW dealership. (Norman Feder, Administrator, Transportation
Services)
Approved 4/1 (Commissioner Halas opposed)
C. Recommendation to close the 2005 Growth Management Plan amendment
cycle to private sector petitions, in consideration of the EAR-based
Amendments development and adoption process. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services
Division)
Motion to disapprove staff's recommendation - Approved 5/0
D. This item to be heard at 11 :00 a.m. Recommendation for the approval of
the second Conservation Collier Active Acquisition List and direction for
staff to actively pursue projects recommended within the A Category.
(Joseph K. Schmitt, Administrator, Community Development and
Environmental Services Division)
Motion to approve list and to reconsider Parcel at Pine Ridge Rd
/Logan Blvd - Approved 5/0
E. This item was continued from the January 11. 2005 BCC meetine:. Staff
update and recommendation to the Board of County Commissioners (BCC)
in response to the Public Petition presented at the December 14, 2004, BCC
meeting by Mr. Robert France regarding an existing code violation and a
potential solution involving a lot line adjustment and parcel exchange at
3681 4th Avenue NE. (Jim DeLony, Administrator, Public Utilities)
Approved 5/0
Page 6
January 25, 2005
Moved from Item #16A6
F. Recommendation to approve 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 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.
Approved - 3/2 (Commissioners Henning and Coyle opposed) and to
work on program eligibility requirements at joint meeting w/ Airport
Authority
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 11 :30 a.m. Recommendation that, pursuant to
Ordinance No. 2001-55 (sometimes referred to as the "Advisory Board
Ordinance"), the Board of County Commissioners adopt Resolution No.
2005-_ establishing the Caribbean Gardens Task Force Committee and
discuss any continuing role of the staff in connection with the volunteer Blue
Ribbon Committee.
Instruct staff to come back with specific recommendations of policy for
governing all Advisory Committees in Collier County and to give
specific instruction for the purpose of Caribbean Gardens Task Force
Committee - Approved 5/0
Moved from Item #16K2
B. Recommendation that the Board of County Commissioners Authorize the
County Attorney's Office to Make a Business Damage Offer to Settle a
Claim for Business Damages by Wal-Mart Stores, Inc., d/ b/a Sam's Club
associated with the Acquisition of Parcels 135, 735A and 735B in the
Lawsuit Styled Collier County v. Wal-Mart Stores, Inc., et aI., Case No. 04-
3632-CA (Immokalee Road Project #66042).
Approved - 4/1 (Commissioner Coletta opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
Page 7
January 25, 2005
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Self-sufficient airport discussion
B. Strategic Planning Workshop scheduled for February 4, 2005
C. Davis Boulevard Wal-Mart entrance
D. Commissioner Henning regarding Board approval on missing contracts
from the Executive Summary/Agenda
E. Commissioner Henning's District 3 Townhall Meeting at the Golden
Gate Community Center at 7:00 P.M., January 26, 2005
F. Density bonus workshop suggested
G. Mayor Barnett's suggested meeting with Commissioner Fiala regarding
the Golden Gate Overpass and costs incurred
------------------------------------------------------------------------------------------------------------
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 w/Changes- 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Interim Management Plan for the
North Golden Gate Estates (NGGE) Unit 53 property under the
Conservation Collier Land Acquisition Program.
As Detailed in the Executive Summary
2) Petition CARNY-2004-AR-7015, John Yonkosky, Treasurer, Collier
County Fair and Exposition, Inc., requesting a permit to conduct a fair
from February 4th through February 13, 2005, at the Collier County
Fair Grounds on Immokalee Road (C.R. 846) North Golden Gate
Estates.
CP-2005-01 Waiving the Occupational License and Surety Bond
3) Recommendation to approve Lien Resolutions for the following Code
Enforcement Case Numbers: 2004100542/Alvarez, Jennifer,
2004100530/ Cavataio, Salvatore & Antoinette, 20041100 12/Caffa-
Mobley Et AI, Priscilla, 2004080055/Reece Est., Annie Earl,
Page 8
January 25, 2005
._-
, .."..._-~,,-,.''''~_.~~.,
2004100961/Reece Est., Annie Earl, 2004100345/Baton Rouge,
2004100485/Baron, Mimon, 2004050647/Baron, Mimon,
2004071226/ Glover, Lizzie H., 2004080595/Stonestreet, William M.,
2004070101/Wi1kinson-Meffert Construction Co. Inc.,
2004070376/Mac Builders Inc., 2004070375/Mac Builders Inc.,
2004060799/0nofre, Roberto C., 2004070552/Seffer, Erik H. and
Astrid V., 2004090471/Tsa1ach Investments, LLC.,
2004110013/VOlcY' Evens and Marie C., 2004030691/ Riambau,
Steve and Dasilva, Gildete A., 2004090637/0sceola, Douglas M.,
2004090638/0sceola, Douglas M., 2004061226/Martel, Claude,
2004090639/LaRoss Tr., Elizabeth Anton, 20040911 02/ Weyrauch,
James P. and Diane P., 2004091100/Nolan Jr. Tr., Leonard F., and
Nolan Tr., Michael S. and Michael N. Realty Trust,
2004050696/Morris, Thomas and 2004091116/Moriarty, Judith and
Connors, Cynthia and Navarra, Dennis.
Resolution 2005-43 thru 2005-68
4) Recommendation to approve two Satisfactions of Lien for Resolution
No's: 2001-213 styled Board of County Commissioners vs. Alfredo L.
and Anne C. Ramirez and 2002-349 styled Board of County
Commissioners vs. Stuart O. Kaye.
As Detailed in the Executive Summary
5) Recommendation to approve the application by Genapol for the Job
Creation Investment Program, the Advanced Broadband Infrastructure
Investment Program and the Fee Payment Assistance Program.
As Detailed in the Executive Summary
Moved to Item #10F
6) Recommendation to approve 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
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
7) Recommend the Board adopt a Resolution opposing proposed Senate
Bill 0620, and any similar changes to Florida Statutes, that will
Page 9
January 25, 2005
diminish authority of Florida's local governments to regulate wireless
communications facilities except to the extent actually necessary to
facilitate 91l/E911 services.
Resolution 2005-69
8) Recommendation to approve one (1) impact fee reimbursement
requested by Mortgage Max, Incorporated, totaling $34,566.60, due to
building permit revision and corresponding reduction in square
footage.
9) Recommendation to approve a Resolution supporting Genapol as a
qualified applicant in the Qualified Target Industry (QTI) Tax Refund
Program and providing for an appropriation of $96,000 as a local
participation match, pursuant to Section 288.106, Florida Statutes.
Resolution 2005-70
10) Recommendation to approve a Resolution supporting Advocate
Aircraft Taxation Company as a qualified applicant in the Qualified
Target Industry (QTI) Tax Refund Program and providing for an
appropriation of $60,000 as a local participation match, pursuant to
Section 288.106, Florida Statutes
Resolution 2005-71
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Budget Amendment recognizing prior
year revenue for funds recovered from vehicle accidents where
County traffic signals and streetlights sustained damages
($78,738.98).
In order to defray costs to repair traffic signal and streetlight
equipment
2) Recommendation to Approve the FY 2005 Transit Development Plan
Update.
As Detailed in the Executive Summary
3) Recommendation to authorize the Transportation Administrator or his
designee to execute the attached Federal Transit Administration
Section 5310 grant application and applicable documents, and to
accept, on behalf of the County, any such grant awarded
Resolution 2005-72
Page 10
January 25, 2005
",.,----~'---
4) Recommendation to acquire Board approval to sign and execute a
Local Agency Program (LAP) Supplemental Agreement between
Collier County and the Florida Department of Transportation (FDOT)
for sidewalk construction along County Road 29 in Everglades City.
Resolution 2005-73
5) Recommendation to award bid #04-3595R - annual contract for
"Clearing, Grubbing and Tree Trimming Removal Services" for the
approximate annual amount of$50,000.
To award Core Services as primary vendor and Southern Services
as secondary vendor
6) Recommendation to award bid #05-3633 - annual contract for
"Rework of Slopes and Roadside Ditches" for the approximate annual
amount of $50,000.
To award Better Roads Inc. as primary vendor and Florida State
Underground as secondary vendor
7) Recommendation to approve a waiver of the formal bid process and
approve a contract agreement between Collier County and Temple,
Incorporated for services related to the implementation of a Split
Cycle Offset Optimization Technique (SCOOT) adaptive traffic
system on the Pine Ridge Road corridor between Goodlette- Frank
Road and Logan Boulevard at a cost not to exceed $671,964; Project
#601724.
To improve traffic progression, mitigate traffic incident lane
closures, and alleviate excessive delays
8) Recommendation to approve a South Florida Water Management
District Local Governmental Grant Agreement No. OT050869 in the
amount of $170,000 for partial funding of the 2005 Australian Pine
Tree Removal Program
To eliminate the threat of trees blowing over during a storm event
causing major flow restrictions
9) Recommendation to authorize the Transportation Administrator or his
designee to execute the attached Federal Transit Administration
Section 5311 grant application and applicable documents, and to
accept, on behalf of the County, any such grant awarded
Page 11
January 25, 2005
-,"._-,""--'-
Resolution 2005-74
10) Recommendation to approve a Resolution authorizing execution of a
Florida Department of Transportation Local Agency Program
Agreement for the beautification enhancements to St. Andrews
Boulevard from US 41 to Pebble Beach Boulevard and to advance the
funds from the General MSTD Fund (111).
Resolution 2005-75
11) A resolution required pursuant to Section 125.37, Florida Statutes, for
the exchange of real property in connection with the expansion of
Immokalee Road from 4 lanes to 6 between US-41 and 1-75.
Resolution 2005-76
C. PUBLIC UTILITIES
1) Recommendation to award Bid #05-3762 to Encore Construction
Company to construct the Sodium Hypochlorite Tank and Piping
Repairs, in the amount of $72,500, and approve the necessary budget
amendment, for the North County Water Reclamation Facility Bleach
Piping Replacement Project, Project Number 73957.
For necessary renewal, replacement, and upgrades to obtain a
more reliable and safe sodium hypochlorite storage station for the
North County Water Reclamation Facility (NCWRF).
2) Recommendation to award Bid No. 04-3713, Annual Contract for
Pump and Motor Repair and Purchase for County-wide maintenance
of equipment to various companies in the estimated amount of
$300,000.00.
To streamline the maintenance and purchase of new pumps and
motors for all County departments
Continued to February 8th BCC Meeting - Approved 5/0
3) Recommendation to rescind award of Bid # 02-3382 to R & D Soil
Builders, Inc, Project 73127.
4) Approval of an Interlocal Agreement between Collier County and The
City Of Marco Island for the County to continue providing trash
collection services in The City.
As Detailed in the Executive Summary
Page 12
January 25, 2005
5) Recommendation that the Board of County Commissioners of Collier
County, Florida, as the governing body of Collier County and as ex-
officio the governing board of the Collier County Water-Sewer
District, adopt a Resolution for the exchange of 4,623 square feet of
the Pelican Bay Utility Site for 9,246 square feet of The Club Pelican
Bay, Inc., golf course property, at a total cost not to exceed $1,150.
Resolution 2005-77
D. PUBLIC SERVICES
1) Recommendation to approve the submittal of the attached Emergency
Prevention and Readiness Outreach grant application to Volunteer
Florida for a Responsible Pet Ownership and Disaster Preparedness
Project in the amount of$18,000.00
To educate the Spanish and Creole speaking communities about
responsible pet ownership and disaster preparedness for pets.
2) Recommendation to approve a cooperative agreement with VGC,
LLC and a TDC Category "A" Supplemental Grant Application in the
amount of$16,500 for construction of Vanderbilt Beach Access #1
To maximize public beach access through developer commitments
and private/public partnerships
3) Recommendation to approve a budget amendment recognizing
$13,166.68 in revenue from private contributions and appropriating
funds for the purchase of Access Dinghies for the Collier County
Sailing Center
To expand the accessible sailing program at Sugden Regional
Park to accommodate more people with special needs
4) Recommendation to enter into an agreement to provide existing
funding of $50,000 for operational expenses associated with WeCare,
Inc. .
To develop the Collier Physician Led Access Network
E. ADMINISTRATIVE SERVICES
1) Report and ratify staff-approved change orders and changes to work
orders to Board-approved contracts.
Page 13
January 25, 2005
",_._--,.,,-~_._----
To oversee the execution of administrative change orders and
changes to work orders, and promote accountability in the use of
staff authority. These reports cover the period of November 23,
2004 through December 23, 2004.
F. COUNTY MANAGER
1) Recommendation to approve a budget amendment, Project 90536, in
the amount of $3,525.
To recognize carry forward revenue
2) Recommendation to approve two Work Order Amendments under
Contract #01-3271, Fixed Term Professional Engineering Services for
Coastal Zone Management Projects, with Humiston & Moore
Engineers for the Hideaway Beach Renourishment, Project 90502, in
the total amount of $28,500.
As Detailed in the Executive Summary
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the City
of Marco Island & the Marco Island Area Chamber of Commerce's
40th Anniversary of Modem Marco Island dinner at the Marco Island
Marriott Resort, Golf Club & Spa; $100.00 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended Marco
Island Area Chamber of Commerce Aloha Luau on January 8, 2005 at
Hideaway Beach Club; $55.00 to be paid from the Commissioner's
travel budget.
3) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Marco Chamber of Commerce Going Away Luncheon for Greg Niles
on January 19,2005 at the Island Country Club on Marco; $25.00 to
Page 14
January 25, 2005
be paid from Commissioner Fiala's travel budget.
4) Commissioner Henning requests Board approval for reimbursement
for attending a function serving a valid public purpose. Commissioner
Henning attending the Greater Naples Chamber of Commerce "Wake
Up Naples" event on January 19,2005, at the Hilton Naples &
Towers. Registration of $17.00 to be paid from Commissioner
Henning's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
for having attended a function serving a valid public purpose.
Commissioner attended the East Naples Civic Association Annual
Banquet Celebration on January 17,2005; $35.00 to be paid from
Commissioner Coletta's travel budget.
6) Commissioner Henning requests Board approval for reimbursement
for attending a function serving a valid public purpose. Commissioner
Henning attending the Urban Land Institute of Southwest Florida 8th
Annual Winter Institute on February 3rd at the Naples Hilton &
Towers. Registration fee of$25.00 to be paid from Commissioner
Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Items to File For Record with Action as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners approve a
document for Ninth Year State Criminal Alien Assistance Program
(SCAAP) Grant Funds.
For costs associated with incarceration of aliens
2) Recommend that the Board of County Commissioners serve as the
Local Coordinating Unit of Government in the Florida Department of
Law Enforcement's Edward Byrne Memorial State and Local Law
Enforcement Assistance Formula Grant, approve the Sheriffs Office
Grant Application, authorize acceptance of the Grant Award, and
approve associated budget amendments.
As Detailed in the Executive Summary
Page 15
January 25, 2005
3) Recommend that the Board of County Commissioners make a
determination that the purchases of goods and services documented in
the Detailed Report of Open Purchase Orders opened from December
25,2004 through January 7,2005 serve a valid public purpose and
authorize the expenditure of County funds to satisfy said purchases. A
copy of the Detailed Report can be viewed at the County Manager's
Office, 2nd Floor, W. Harmon Turner Building, Collier County
Government Center, 3301 East Tamiami Trail, Naples, FL.
For the period from December 25, 2004 through January 7, 2005
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners Approve a
Stipulated Final Judgment Relative to the Acquisition of Parcel 132 in
the Lawsuit Styled Collier County v. First National Bank of Naples, et
aI., Case No. 04-3587-CA (Immokalee Road Project #66042).
Direct staff to deposit the sum of $4,500 into the Registry of the
Court and direct payment of $150 service fee to Clerk of Court
Moved to Item #12B
2) Recommendation that the Board of County Commissioners Authorize
the County Attorney's Office to Make a Business Damage Offer to
Settle a Claim for Business Damages by Wal-Mart Stores, Inc., d/ b/a
Sam's Club associated with the Acquisition of Parcels 135, 735A and
735B in the Lawsuit Styled Collier County v. Wal-Mart Stores, Inc.,
et aI., Case No. 04-3632-CA (Immokalee Road Project #66042).
3) Recommendation that the Board of County Commissioners 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 Parcels
128 and 728 in the Lawsuit Styled Collier County v. Terry L.
Lichliter, et aI. Case No. 03-2273-CA (Golden Gate Parkway Project
No. 60027).
As Detailed in the Executive Summary
4) Recommendation that the Board of County Commissioners Approve a
Mediated Settlement Agreement and a Stipulated Final Judgment to
be Drafted Incorporating the Same Terms and Conditions as the
Page 16
January 25, 2005
'-''''<-'''--'."'-~--'-''-
--,.._,.,"-,,_..__.~._-_.
Mediated Settlement Agreement Relative to the Acquisition of Parcels
117 and 717 in the Lawsuit Styled Collier County v. Jack E. Green, et
aI. Case No. 03-2227-CA (Golden Gate Parkway Project No. 60027).
As Detailed in the Executive Summary
5) Recommendation to approve settlement payment of $750.00 by
Collier County in the lawsuit entitled: Brandi L. Walkowiak-King vs.
Collier County, originally filed in the Twentieth Judicial Circuit, in
and for Collier County, Florida, case no.: 02-443 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 QUASI-JUDICIAL IN
NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and Ex Parte
disclosure be provided bv Commission members. Recommendation to
approve Petition A VPLA T2003-AR4686 to disclaim, renounce and vacate
the County's and the Public's interest in a portion of the 20 foot wide
drainage easement located along the rear of Lot 86, according to the plat of
"Port Of The Islands (The Cays) Phase II" as recorded in Plat Book 21,
Pages 1 through 4, Public Records Of Collier County, Florida, located in
Section 9, Township 52 South, Range 28 East.
Resolution 2005-78
B. SE-04-AR-6485, an Ordinance amending Ordinance 02-53, the McIntosh
Professional Office Complex to correct a scrivener's error in the Legal
Description for property that is located on the northeast comer of Goodlette-
Frank Road (C.R. 851) and 13th Avenue North, in Section 34, Township 49
Page 17
January 25, 2005
South, Range 25 East, Collier County, Florida.
Ordinance 2005-02
C. This item was continued from the January 11. 2005 BCC meetine:.
This item requires that all participants be sworn in and Ex Parte
disclosure be provided by Commission members.
PUDEX-2004-AR-6694 Bayview Villas, LLC, represented by Dwight
Nadeau, ofRW A, Inc., requesting a two-year extension of a Planned Unit
Development (PUD) zoning granted by Ordinance No. 2000-05, pursuant to
LDC Section 10.02.13.D for the North Port Bay PUD. The property,
consisting of 46.33 acres, is located north of U.S. 41 (Tamiami Trail), east of
the Fahka Union Canal, in Sections 4 & 9, Township 52 South, Range 28
East, Collier County, Florida. This petition was continued from the January
11 th, 2005 Board of County Commissioners regular meeting.
Resolution 2005-79
D. This item requires that all participants be sworn in and Ex Parte
disclosure be provided by Commission members.
PUDEX-2004-AR-6630 Amy Turner, Tammy Turner Kipp and BRT Coastal
Investments, property owners, represented by Wayne Arnold, ofQ. Grady
Minor and Associates P.A., requesting a two-year extension of the
Vanderbilt Trust 1989 Planned Unit Development (PUD), pursuant to LDC
Section 10.02.13, for a 7.84+ acre tract located on Vanderbilt Beach Road,
approximately 1;4 mile east of Livingston Road, in Section 31, Township 48
South, Range 26 East Collier County, Florida.
Resolution 2005-80
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 18
January 25, 2005
."'-..._,.~~---~..-