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Recap 04/12/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì'"'''' <" -' <.-.... ~- . .- --.-,=<= AGENDA April 12, 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 (Via Phone) Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED REQUIRES THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE Page 1 April 12, 2005 ._,--<~.- 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 T AMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor David Mallory, First Assembly of God Added B. Motion to include Commissioner Henning to participate in meeting via telephone Approved - 4/0 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 w/changes - 5/0 B. March 8, 2005 - BCC/Regular Meeting Approved as presented - 5/0 C. March 9, 2005 - BCC/District 4 Town Hall Meeting Approved as presented - 5/0 D. March 23,2005 - BCC/District I Town Hall Meeting Approved as presented - 5/0 Page 2 April 12, 2005 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. Presentation of the Advisory Committee Outstanding Member Award to Carol Wright, Vanderbilt Beach Beautification MSTU Advisory Committee. Presented 2. Advisory Committee Service Awards Presented 4. PROCLAMATIONS A. Proclamation to recognize the month of April as Child Abuse and Neglect month. To be accepted by Jacqueline Griffith Stephens, M.A., Executive Director. Adopted - 5/0 B. Proclamation to designate the week of April 10 through April 16, 2005 to honor Crime Victims. To be accepted by Sergeant Cathy Lambert of the Collier County Sheriffs Office, Beth Knake, Project Help, and Kathy Hermann, Shelter for Abused Women. Adopted - 5/0 C. Proclamation to designate the week of April 10th, 2005 as Art Appreciation Week. To be accepted by Elaine Hamilton, Executive Director of the United Arts Council. Adopted - 5/0 D. Proclamation to recognize the month of April as Fair Housing Month. To be accepted by Candance Tapscott and Jeff Cecil from Housing and Urban Development. Adopted - 5/0 E. Proclamation to designate April 20, 2005 as Distinguished Public Services Awards Day. To be accepted by Jill Rapps, Ciccarelli Advisory Services, and Tom Wagor of Fifth Third Bank. Adopted - 5/0 Page 3 April 12, 2005 F. Proclamation to designate April 12, 2005 as Mrs. Leila Canant Day. To be accepted by Mrs. Canant Adopted - 5/0 Added G. Proclamation recognizing the week of April 10 through 16, 2005 as Public Safety Telecommunications Week. (Sheriff's Office request) Adopted - 5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. To be heard at 10:00 a.m. This item has been continued from the March 22. 2005 BCC Meetin2. Recommendation to Approve an Ordinance Amending Ordinance No. 92-60 Relating to Tourist Development Taxes, as Amended, to expand the use of Category C-2 uses to include Municipal Owned Museums; to change the percentages ofC-l& C-2 uses and to enable the use of surplus Tourist Tax Funds for additional promotion. First motion to approve staff's recommendations with funds for only 2005 failed for lack of a supermajority - 3/2 (Commissioner Coyle and Commissioner Halas opposed) Ordinance 2005-18: A motion was made to change percentages of Category "C" uses - Adopted 5/0 Durin2 Item #15 - Staff and Commission General Communications: A motion to reconsider - Fails 2/2 (Commissioner Coyle and Commissioner Halas opposed, Commissioner Henning absent); Motion to bring back as an Emergency Ordinance - Fails 2/2 (Commissioner Coyle and Commissioner Halas opposed, Commissioner Henning absent); Motion to bring back in two meetings - Fails 2/2 (Commissioner Coyle and Commissioner Halas opposed, Commissioner Henning absent) Continued to May 10, 2005 Page 4 April 12, 2005 B. This petition reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2004- AR-6786 Vanderbilt Partners II, LLC, represented by Richard Yovanovich, of Goodlette, Coleman & Johnson, P .A., requesting to amend the Cocohatchee Bay PUD document for the limited purpose of amending the Bald Eagle Management Plan and related references in the PUD document. The subject property, consisting of 532 acres, is located in Sections 8, 16, 17 & 20, Township 48 South, Range 25 East, Collier County, Florida. Continued to May 10, 2005 C. This item reauires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-4493, Santa Barbara Landings PUD, requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast comer of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. D. To be heard immediately followin2 #8A Recommendation to approve the Fiscal Year 2005-2006 Collier County Consolidated Plan One- Year Action Plan for $3,524,802 for Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) and Emergency Shelter Grant (ESG) programs, authorize required HUD certifications, approve execution of sub-recipient agreements by Community Development and Environmental Services (CDES) Division Administrator, and submit to the United States Department of Housing and Urban Development (HUD). Resolution 2005-157 Adopted 4/1 (Commissioner Henning opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the County Government Productivity Committee. Resolution 2005-158 Appointing John F. Barlow, Jr., and James A. VanFleet - Adopted 3/0 (Commissioner Fiala out and Commissioner Henning absent) B. Appointment of member to the Lely Golf Estates Beautification Advisory Committee. Resolution 2005-159 Appointing David Larson - Adopted 3/0 (Commissioner Fiala out and Commissioner Henning absent) Page 5 April 12, 2005 C. Appointment of members to the Radio Road Beautification Advisory Committee. Resolution 2005-161 Re-appointing Wilfred Jaeger with waiver of term and appointing Gloria Patterson - Adopted 4/0 (Commissioner Henning absent) D. Appointment of member to the Environmental Advisory Council. Resolution 2005-160 Appointing Nick Penniman - Adopted 3/0 (Commissioner Fiala out and Commissioner Henning absent) E. Commissioner Coyle requesting Board approval to send a letter of support to the Naples Airport Authority for their effort to secure federal assistance under the Small Community Air Service Development Program. Approved 4/0 (Commissioner Henning absent) Withdrawn F. Consider a request from Kathy Prosser, President and CEO of Conservancy of Southwest Florida, to appoint a Board of County Commissioner to the Caribbean Gardens Blue Ribbon Committee. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT Continued to April 26, 2005 A. This item has been continued from the March 22. 2005 BCC Meetin2. Recommendation to approve Resolution 2005-_ creating the Habitat Conservation Plan Advisory Committee. (Joseph K. Schmitt, Administrator, Community Development) Withdrawn B. Recommendation to adopt a resolution authorizing the acquisition by condemnation, if necessary, of perpetual, non-exclusive road right-of-way, drainage and utility easements, and a temporary construction easement, which will be required for the construction of roadway, drainage and utility improvements for the Golden Gate Parkway / Airport-Pulling Road Grade Separated Overpass - Project No. 60006. (Fiscal Impact: $366,200) (Norman Feder, Administrator, Transportation Services) C. Recommendation to approve Phase Two of a contract for RFP-04-3629 "Consultant Services for the Public Involvement Element of the Page 6 April 12, 2005 Metropolitan Planning Organization Long-Range Transportation Plan 2030 Update" in the total amount of$180,153.63. The Long-Range Transportation Plan Update is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL.(Norman Feder, Administrator, Transportation Services) Approved 4/0 (Commissioner Henning absent) D. Recommendation that the Board of County Commissioners accept the Tigertail Beach Park Boardwalk Feasibility Study and direct staff to pursue an alternate plan of a pedestrian dune crossover and restroom facility. The Tigertail Beach Park Boardwalk Feasibility Study is available for review in the County Manager's Office, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, FL. (Marla Ramsey, Administrator, Public Services) Staff to provide information and recommendations regarding restrooms, better sign age, walkover across the mangroves and tram permitting - Consensus E. To resolve the Sheriffs FY05 budget appeal by providing the Sheriffhis fair share of the funds from recent reimbursements from FEMA and the Department of Juvenile Justice for Sheriff operations in FY05. (Mike Smykowski, Director, Office of Management and Budget) Motion to provide $2,468,178 in additional FY 05 funding to the Sheriff's Office - Approved 5/0 F. Recommendation to approve, and authorize the Chairman to sign: (1) an Interlocal Agreement with The Board of Supervisors of the Ave Maria Stewardship Community District, whereby Collier County agrees to reserve to the District sufficient capacity on Collier County's road public facilities to complete the build-out of the Town of Ave Maria, and (2) a Developer Contribution Agreement with Ave Maria Development LLLP, wherein the County has agreed to accelerate the widening of Oil Well Road from Immokalee Road to Camp Keais Road, in exchange for the donation of an estimated $7,500,000 in right of way and other substantial considerations. The executive summary and agreements will be distributed separately from the agenda packet prior to the Board meeting. Motion to continue item to the April 26, 2005 BCC meeting - Approved 4/0 (Commissioner Henning absent) Moved from Item #16C12 Page 7 April 12, 2005 G. Recommendation to approve and execute a Real Estate Sales Agreement for the sale of 2.05 acres to The Glades Country Club Apartment Association, Inc. for a net revenue of $228,121. Approved and is in the Public's interest - 4/0 (Commissioner Henning absent) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - Agreements regarding Ave Maria (Item #IOF) B. Jim Mudd - $100,000 offer to City of Naples - Consensus C. Commissioner Halas - Super Target Store; Malibu Lakes PUD signage on building D. Commissioner Coletta - Regarding (Item #8A), Tourist Development Taxes, needs further discussion (see Item #8A) E. Commissioner Coletta - Impact Fee Legislation advertisement that ran: Motion made that ad served as a valid public purpose - Approved 4/0 (Commissioner Henning absent) F. Commissioner Fiala - Recognized Leila Canant G. Commissioner Coyle - Develop an Impact Fee advertisement to run addressing: The danger to the County if the bill passes, the legislation is moving forward, the Florida Building Industry is behind this bill and citizen's need to contact their legislators to actively oppose the bill in Tallahassee ------------------------------------------------------------------------------------------------------------ 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 Page 8 April 12, 2005 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve Petition A VESMT2004-AR6248 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the Lake Drainage Easement conveyed to Collier County by separate instrument and recorded in Official Record Book 2473, Pages 1510 through 1604, Public Records of Collier County, Florida, located within the Cypress Woods Golf and Country Club development in Section 18, Township 48 South, Range 26 East, Collier County, Florida. Resolution 2005-138 2. Recommendation to approve the submittal of the attached grant funding request in the amount of $70,000 to the Big Cypress Basin so that the Conservation Collier Program may contract for administrative help in order to identify willing sellers and make periodic status reports in the Winchester Head Multi-parcel Acquisition Project. As detailed in the Executive Summary 3. Recommendation to approve a Vegetation Removal and Site Filling Permit for Saturnia Falls (Terafina PUD), for an area not to exceed approximately 369 acres located in Section 16, Township 48 South, Range 26 East, subject to: I. County staff administratively determining LDC compliance for identified administrative approval criteria of such permits, and 2. prior issuance of all other required agency permits. As detailed in the Executive Summary 4. Recommendation to approve for recording the final plat of "Bristol Pines Phase I", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With stipulations 5. Recommendation to approve one (1) impact fee reimbursement requested by Interplan LLC on behalf of Staples, Incorporated, totaling $201,983.92, due to building permit expiration and subsequent cancellation. As detailed in the Executive Summary Page 9 April 12, 2005 _.---...-,.,',,^,.... 6. Recommendation to approve the Release and Satisfaction of Lien for the following cases: Rene Bravo 04-09200-COA; Robert D. Bidlack 2003-045; Keith T. Heckman 2003-058; Keith T. Heckman 2003-059; Eligio & Manuela Santos 2004110618 and 2004110884; Lynda Pasqua S.O 140565; Wesner & Gabrielle Moise 2003-053; Brad & Phyllis Estes 2004-042; Ponce Realty Company 2003-042; George & Sandra Parsons 2004-025; Keith T. Heckman 2004-074; Benigno & Maria Lopez & Roderick H. Hilgeman 2002-031; Tsalach Investments 2003-438; MAC Builders, Inc. 2005-54 and 2005-55; Julio Dominguez 2001-214 and 2001-221; Lloyd G. Sheehan 2001- 321; Guy E. & Diane J. Baur 2003-284; Guy E. & Diane J. Baur 2002-61; Hamilton Bay Development, LLC 2004-129; Michael & Judith Austin 2004060620 and 2004060649; William Bell S.O 140578; Eh & Catherine Pretschold 2004-272; David Redding 2005- 19; Family Storage 2003-283; Golden Florida Resort, Inc. 2005-07; James & Rachel Caruana 2005-05; Margarita Munoz 2004-267; Patrascu Ruset S.O 140592. As detailed in the Executive Summary 7. Recommendation to approve a resolution supporting the preservation of the Community Development Block Grant (CDBG) program funding within the United States Department of Housing & Urban Development (HUD). Resolution 2005-139 8. Budget Amendment - Prior year reimbursements As detailed in the Executive Summary 9. Recommendation to adopt a Resolution opposing enactment into law of specified clauses of proposed Senate Bill 7048 providing for a local option real estate transfer surtax on deeds and related limits and restrictions on impact fee rates that, if enacted, will have a detrimental effect on the County's ability to provide necessary and required growth-related capital improvements. Resolution 2005-140 B. TRANSPORTATION SERVICES 1. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 "CEI Services for Collier County Page 1 0 April 12, 2005 Road Projects" Awarded to PBS & J, Inc., in the amount of $2,550,968 for Project No. 66042B "Immokalee Road Six-Laning Project from U.S. 41 to 1-75". 2. Recommendation to purchase 10.6 acres of land at the intersection of Collier Boulevard and Golden Gate Boulevard. To be used as a retention pond for the treatment of stormwater run-off for Project No. 65061 and Project No. 68056. 3. Recommendation to approve the purchase of Parcel Nos. 119, 719 and 719A required for the construction of the six-Ianing of Collier Boulevard (CR 951) from Golden Gate Boulevard to Immokalee Road. (Project No. 65061, Capital Improvement Element No. 37). Fiscal Impact: $201,500.00. As detailed in the Executive Summary 4. Recommendation to approve Change Order No.2 to Contract #04- 3654 with Vila and Son Landscaping, for Livingston Road (Pine Ridge Road to Vanderbilt Beach Road) Landscape Beautification in the amount of $82,382.36. To increase the scope of work under the Contract. 5. Recommendation to approve a reimbursement to the State of Florida for overpayment of Fuel Taxes with associated interest and penalties for the months of August, September and October 2004 in the amount $12,699.32. As detailed in the Executive Summary 6. Recommendation to approve the piggybacking of the City of West Palm Beach contract to purchase laid in place Polymer Modified Cold Mix Paving (Micro-Surfacing) for Road and Bridge Maintenance amount estimated to be $1,100,000. To provide a cost effective alternative that will subsidize the County's Annual Overlay Program. 7. Recommendation to approve an Interlocal Agreement with The School District of Collier County, Florida, whereby Collier County agrees to fund one half of the total design and construction costs, not to exceed $1.3 million, for a vehicular bridge linking Tropicana Page 11 April 12, 2005 Boulevard to Golden Gate High School, and allocate $200,000 of reserved funds for traffic calming and turn-lane improvements in Golden Gate City. As detailed in the Executive Summary 8. Recommendation to approve Bid #05-3793, Immokalee Phase 2-B Sidewalk Installation and Refurbishment in the amount of $279,821.90 to Douglas N. Higgins, Inc. including a five (5) percent Contingency. The sidewalk segments will be connecting to S.R.29 between First Street and Ninth Street. As detailed in the Executive Summary 9. Recommendation to adopt a resolution to urge the Florida Department of Transportation to make the necessary maintenance repairs consistent with the recent Bridge Inspection Reports on the S.S. Judge Jolley Bridge over Big Marco Pass and the presentation made at the March MPO meeting. Resolution 2005-141 C. PUBLIC UTILITIES 1. Recommendation to approve, execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $28.50 to record the Satisfactions of Lien. As detailed in the Executive Summary 2. Recommendation to approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10.00 to record the Satisfaction of Lien. As detailed in the Executive Summary 3. Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $38.50 to record the Satisfactions of Lien. As detailed in the Executive Summary 4. 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 1991 Solid Waste Collection and Disposal Services Special Assessment. Fiscal , Page 12 April 12, 2005 impact is $20.00 to record Satisfaction of Lien. Resolution 2005-142 5. 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 2005-143 6. 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 2005-144 7. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-145 8. Recommendation to approve the acquisition of a 40-foot by 50-foot Utility Easement near the southwest comer of Wilson Boulevard and 18th Avenue NW for a public water supply well site at a total cost not to exceed $7,425, Project Number 701582. As detailed in the Executive Summary 9. Recommendation to approve the sole source purchase of cartridge filters from the George S. Edwards Company in the estimated amount of $266,000. To ensure the reliability of the North County Regional Water Treatment Plant (NCRWTP) and the South County Regional Water Treatment Plant (SCRWTP) to produce water at full capacity to meet the water demands of our customers. 10. Recommendation to award Bid Number 05-3757 for the furnishing and delivery of membrane softening elements to GE Osmonics in the Page 13 April 12, 2005 amount of $891 ,000. To ensure the reliability of the North County Regional Water Treatment Plant (NCRWTP) to produce water at full capacity to meet the water demands of our customers. 11. Recommendation to reject both bids received for the North County Regional Water Treatment Plant (NCRWTP) Generator Switchgear Upgrades project, Project 70069, resulting in no costs incurred. They exceed the engineer's estimate and the available budget. Moved to Item #10G 12. Recommendation to approve and execute a Real Estate Sales Agreement for the sale of 2.05 acres to The Glades Country Club Apartment Association, Inc. for a net revenue of$228,121. 13. Recommendation to award Bid Number 05-3791 for underground utility supplies to Ferguson Underground Supplies. For the operation and maintenance of both the Water and Wastewater Department facilities. 14. Recommendation to approve Payment and Release Agreement (Agreement) with WCI Communities, Inc. and Tiburon Golf Ventures Limited Partnership (collectively "Owner") for damages incurred during the construction of the reclaimed water main alcmg Vanderbilt Beach Road, at a cost not to exceed $37,077, Project Number 74034. As detailed in the Executive Summary 15. Recommendation to make a conditional award of Bid #05-3756 to Mitchell & Stark Construction Company for the North County Regional Water Treatment Plant (NCR WTP) Lower Hawthorn Wells 18N, 19N, and 20N Pumping and Transmission Facilities, in the amount of$5,156,000.00, subject to the Florida Department of Environmental Protection's (FDEP) approval, authorization to incur costs, and authorization for the Board to execute the subject construction contract as required by provisions of the low interest rate State Revolving Fund (SRF) Loan program which will fund this contract, Project Number 71006. To construct pumping and transmission facilities for three Lower Hawthorn raw water supply wells, to increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. Page 14 April 12, 2005 16. Recommendation to approve Work Orders UC-092 in the amount of $597,000 and UC-093 in the amount of$397,000 to Douglas N. Higgins Incorporated for the North County Regional Water Treatment Plant (NCRWTP) Mid-Hawthorn Wells, Project Number 71006. To increase the reliability of our water production facilities to ensure adequate capacity to meet the water demands of our customers. 17. Recommendation to authorize the approval of Work Orders UC-094 and UC-096 under RFP 04-3535, Underground Utility Contracting Services, and to authorize the purchase of sole-source equipment, for specific rehabilitation projects in the amount not to exceed of $462,208 for the North County Water Reclamation Facility Rehabilitation, Project 725321. To maintain critical equipment to meet peak wastewater demands by rebuilding filter set #1 and replacing four (4) effluent strainers. 18. Recommendation to approve work Order HS-FT-05-03 under 00-3119 - Fixed Term Professional Utilities Engineering Services to Hazen and Sawyer in the amount of $140,270 for Engineering Services for the design of Lime Softening Reactor No.1, Project 71023. To increase capacity and improve the reliability to the existing lime softening water treatment process and increase distribution pump capacity at the SCRWTP. 19. Recommendation to approve the after-the-fact submittal of two Alternative Water Supply Grant Applications to the South Florida Water Management District for the construction of the North County Regional Water Treatment Plant (NCRWTP) Mid Hawthorn Zone I Reverse Osmosis (RO) Well Nos. 101, 102, 114, 115, and 116 in the amount of$I,397,000, Project 71011. As detailed in the Executive Summary 20. Recommendation to accept two grant agreements for Regional Irrigation Distribution Systems (RIDS) Projects from the South Florida Water Management District in the amount of $200,000. To increase flows for the North-South reclaimed water interconnect and increase reliability and movement of flows to future ASR wells. Page 15 April 12, 2005 21. Recommendation to approve the Selection Committee's decision and award a Professional Services Agreement to McKim & Creed, P.A. for Design Engineering Services related to the Reuse System Telemetry/SCADA Wide Area Network, RFP 05-3789, in the amount of$199,054, Project 740332. To facilitate end-to-end operational control and monitoring of the County's Reuse System. 22. Recommendation to approve an amendment of the South County Regional Water Treatment Plant 8 MGD Reverse Osmosis (SCRWTP) construction contract to extend the final project completion date from May I, 2005 until no later than August I, 2005. As detailed in the Executive Summary 23. Recommendation to approve the after-the-fact submittal of an Alternative Water Supply Grant Application to the South Florida Water Management District for the Collier County Manatee Road Aquifer Storage and Recovery Expansion project in the amount of $1,739,747, Project 70157. To increase the reliability of the water supply system to ensure the ability to meet peak water demands. D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners authorize the Public Services Administrator to sign the annual application for funding from the United Way, through the 4H Foundation. As detailed in the Executive Summary 2. Recommendation to award RFP No. 05-3763 "Signage for Collier County" to Lykins-Signtek, Inc. with an anticipated annual expenditure of $25,000. To provide consistency in signage, streamline acquisition of signage products and provide for uniform procedures. 3. Recommendation to award Bid No. 05-3782 "East Naples Community Center Expansion" to Bradanna, Inc. in the amount of$747,800. To provide nutritious meals and social interaction for low-income seniors. Page 16 April 12, 2005 4. Recommendation to approve and execute a lease with Randall Benderson and David H. Baldauf, Trustees, for office space in Parkway Plaza, Golden Gate City, for the Health Department's Women, Infants and Childrens' (WIC) program, at an approximate first year cost of $39,870. Lease term is for five years with a provision for one, five-year renewal period. 5. Recommendation to award Work Order #PBS-02-45 in the amount of $149,250 to Professional Building Systems and approve a TDC Category "A" Supplemental Grant Application in the amount of $48,250 for the renovation of Vanderbilt Beach Access #7 To enhance beach access E. ADMINISTRATIVE SERVICES 1. Recommendation that the Board of County Commissioners approves the donation of this surplus ambulance to Glory Bound, Inc. Donated to the Central American Fire Council for the Nicaraguan Fire Forces to provide emergency medical services to the area. 2. Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan made from December 18,2004 through March 23,2005. As detailed in the Executive Summary 3. Request Board to approve the award of Bid No. 05-3790 to Trugreen Landcare for grounds maintenance for satellite facilities, for an annual cost of$237,084.00. As detailed in the Executive Summary 4. Recommendation that the Board of County Commissioners approve award of Bid #05-3776R, "Fasteners and Wheel Weights for Fleet," to Lawson Products, Inc. To maintain and repair County vehicles and equipment. 5. Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. For the period of February 28 - March 31, 2005. Page 17 April 12, 2005 F. COUNTY MANAGER 1. Management Preparedness and Assistance Grant accepting $41,969 and Approve a Budget Amendment to Recognize and Appropriate the Revenue. As detailed in the Executive Summary 2. Recommendation to Approve a Budget Amendment to Recognize and Appropriate Isles of Capri Fire Control District Impact Fee Revenue in the amount of$55,300 for the Purchase of Equipment. To purchase equipment necessary to outfit a new fire engine. 3. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment for Tigertail Beach Entrance Project #900151 submitted by Parks and Recreation Department in the amount of $6,000. To complete the project and install the code required fencing and landscaping. 4. Recommend approval of an Out-of-Cycle FY2005 TDC Category "A" Grant Application and Budget Amendment in the Amount of $100,000 for County/City of Naples Annual Beach Monitoring Project #905362. As detailed in the Executive Summary 5. Recommendation that the Board of County Commissioners award Bid #04-3613R in the amount of$322,437.50 for Pelican Bay Irrigation Installation to Stahlman-England Irrigation, Inc. As detailed in the Executive Summary 6. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $8,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the construction of the Vanderbilt Beach Parking Garage; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and Page 18 April 12, 2005 delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. Resolution 2005-146 7. Recommendation to adopt a Resolution supporting enactment into law proposed Senate Bill 1252 and House Bill 817 relating to the creation of a School of Engineering at Florida Gulf Coast University. Resolution 2005-147 8. Recommendation to Adopt a Resolution Opposing Enactment into Law Proposed House Bill 1565, allowing Municipalities to be Granted a Certificate of Public Convenience and Necessity (COPCN) without Meeting the Requirements as Provided for in County Ordinance 2004- 12. Resolution 2005-148 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to extend the temporary employee agreement during the new CRA Director's transition period allowing time to determine CRA staffing needs. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests the Board's approval for payment to attend Collier County Medical Society's Annual Dinner Meeting as a valid public purpose where there will be installation of officers for 2005-2006 and recognition of volunteer physicians. It will take place at the Naples Bath and Tennis Club with guest speaker Dr. Dennis Agliano, President of the Florida Medical Association. Commissioner Coletta is seeking this payment as a valid public purpose to allow him to represent District 5 and to stay abreast of current health issues and contacts. $50.00 to be paid out of Commissioner Coletta's travel budget. To be held on May 7, 2005 2. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner Halas to attend the Economic Development Council's Membership Page 19 April 12, 2005 Mixer in honor of Gates McVey's 10th anniversary. Event to be held at 12810 Tamiami Trail North on April 19, 2005; $15.00 to be paid from Commissioner Halas' travel Budget. 3. Commissioner Halas requests Board approval for reimbursement to attend a function serving a valid public purpose. Commissioner to attend The Greater Naples Chamber of Commerce Business After Five at KIA of Naples, 1472 Airport Road, on April 21, 2005; $5.00 to be reimbursed from Commissioner Halas' travel budget. 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 endorse the United States Department of Justice and United States Department of the Treasury Federal Equitable Sharing Agreement valid through September 30, 2008. As detailed in the Executive Summary 2. 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 dated March 5,2005 to March 18,2005 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, 2nd Floor, W. Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida. As detailed in the Executive Summary 3. Recommendation that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's 2005/2006 Edward Byrne Memorial, Justice Assistance Grant (JAG) Program and designate the Sheriff as the Official Applicant, and Sheriffs office staff as Grant Program and Financial Managers and Point-of-Contact for FDLE's New Grant Management System. As detailed in the Executive Summary Page 20 April 12, 2005 4. The Finance and Accounting Department seeks authorization from the Board of County Commissioners to file the State of Florida Annual Local Government Financial Report for the Fiscal Year 2003-2004 as required by Florida Statute 218.32. K. COUNTY ATTORNEY 1. Recommendation to compromise and release a code enforcement lien for $26,613.20 the lawsuit styled Collier County v. Anthony J. Varano, Case No. 04-5901-CA. As detailed in the Executive Summary 2. Recommendation to approve Agreed Final Order A warding Planning Expert Fees & Attorney's Fees in the amount of $5,400 as to Parcels 739 & 839 in the lawsuit styled Collier County v. Nancy Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate Pkwy Rd Project 60027). Direct staff to pay the sum of $3,600.00 to Wasala and Associates, and $1,800.00 to Bella Y. Patel, Trust Account. 3. Recommendation to Approve a Stipulated Pinal Judgment as to Parcel 125 in the amount of $31 ,000 in the Lawsuit Styled Collier County v. Robert J. Derr, et aI., Case No. 03-2196-CA (Golden Gate Parkway Project No. 60027). Additional cost to the County is $8782.50 after credit for amount deposited. Direct staff to deposit $6,900.00 with the Clerk of Court; and payment of $150.00 service fee to Clerk of Court. 4. Recommendation to Approve a Stipulated Final Judgment as to Parcel 192 in the amount of $67,000 in the Lawsuit Styled Collier County v. GJR of Naples, Inc., et aI., Case No. 02-2212-CA (Immokalee Road Project No. 60018). Additional cost to the County is $18,238.00 after credit of amount deposited. As detailed in the Executive Summary 5. Recommendation to approve settlement prior to Trial in the lawsuit entitled Collier County v. Venor Sylvan, filed in the County Court of Collier County, Florida, Case No. 04-384-CC, for $2,390.00 and authorize the Chairman of the Board of County Commissioners to Page 21 April 12, 2005 execute all necessary documents. As detailed in the Executive Summary 6. Recommendation to approve Arbitrator's Award prior to Trial in the Lawsuit entitled: Peck-Gittleman, et al. v Affordable Landscaping and Designing, Inc., et aI., filed in the Twentieth Judicial Circuit, in and for Collier County, Florida, Case No. 02-717-CA, for $11,250.00 and authorize the Chairman of the Board of County Commissioners to execute all necessary documents. As detailed in the Executive Summary 7. Recommendation Pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners Select and Retain Eric 1. Vasquez, Esq., and Yale T. Freeman, Esq., as Outside Counsel to Represent Two (2) County Employees Named Individually as Defendants in the Submitted Amended Complaint in Mohan Thampi v. Collier County Board of Commissioners, Case No. 2:04-CV-441- FTM-29SPC, in the United States District Court for the Middle District of Florida, Fort Myers Division; and Waive the Purchasing Policy to the extent it applies to the Selection of Outside Counsel and/or otherwise Exempt the Selection of Outside Counsel from Competition Pursuant to VII. G. of the Purchasing Policy. As detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDA TION FOR 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 by Commission members. Recommendation to Page 22 April 12, 2005 approve Petition A VROW2005-AR7118 to disclaim, renounce and vacate the County's and the Public's interest in the 60 foot wide right of way for Pine Street lying between Block A and Block B, according to the plat of "Immokalee, Florida", as recorded in Plat Book 1, Page 60, Public Records of Collier County, Florida, located in Section 3, Township 47 South, Range 29 East. Resolution 2005-149 B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2004-AR-6792, Tim Hancock, AICP of Talon Management, Inc., representing Weslick, LLC in requesting a variance from Section 5.03.06.E.6 of the Land Development Code for relief from the required side setback of 7.5 feet to a setback of 2.5 feet for pilings. This variance is being requested not for the dock facility but for the mooring pilings that will support a boat lift. Property described as Isle of Capri, Unit I, Lot 87, Section 31, Township 51 South, Range 26 East. Resolution 2005-150 C. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLAT2004-AR7022 to disclaim, renounce and vacate the County's and the Public's interest in the 20 foot wide drainage easement located along the rear of Tract "I", according to the plat of "Northbrooke Plaza" as recorded in Plat Book 31, Pages 65 through 66, Public Records of Collier County, Florida, located in Section 19, Township 48 South, Range 26 East. Resolution 2005-151 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2004-AR-6720, John J. Connelly requesting an after-the-fact variance of 5feet 4-inches from the Vineyards PUD zoning district requirement for a 25-foot front yard setback for front entry garages to 19-feet 8-inches for property located at 6648 Glen Arbor Way hereinafter described as the Vineyards Arbor Glen Subdivision, Lot 28, in Section 08, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2005-152 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition SNR-2004-AR- Page 23 April 12, 2005 6787, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Agri Boulevard to Tradeport Parkway for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. Resolution 2005-153 F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition SNR-2004-AR- 6789, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from North Grove Lane to Global Drive for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. Resolution 2005-154 G. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members Petition SNR-2004-AR- 6788, Collier Enterprises, Ltd. represented by Dominick Amico, Jr., P.E., of Agnoli, Barber & Brundage, Inc. requesting a street name change from Seedling Boulevard to Commerce Avenue for property located in the Immokalee Agricom Park, in Section 2, Township 47 South, Range 29 East. Resolution 2005-155 H. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. CU-2004-AR-6300 Frank L. Veasley representing Bethel Assembly of God Church, Inc. requests approval of a Conditional Use in the RMF -6 Zoning District pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code, to allow for the expansion of an existing church by adding a gymnasium on the subject 4.79 ± acre site. The subject parcel is located at 1225 West Main Street in Immokalee, which is on the south side of West Main Street and approximately 1,500 feet west ofS.R. 29, in Section 4, Township 47 South, Range 29 East, Collier County, Florida. Resolution 2005-156 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 24 April 12, 2005