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Recap 05/10/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 6·, ::::~ -'_'0 (. ' ·.·.__a"_,~ ~:..,........ AGENDA May 10, 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 THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND \VILL 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 TESTIlVIONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 May 10, 2005 ...._--"~- ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) ~IINUTES 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, YOl} 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. Major Ron Smith, The Salvation Army Added B. County Attorney to assist in Cinco de Mayo Festival in Immokalee _ Approved - 5/0 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or adopted with changes - 5/0 B. April 6, 2005 - BCC/District 5 Town Hall Meeting Approved as presented - 5/0 C. April 12, 2005 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEl\1BERS) A. Advisory Committee Service Awards 1) Dale Lewis, Radio Road Beautification Advisory Committee Presented Page 2 May 10, 2005 2) Glenn Tucker, Tourist Development Council Presented 4. PROCLAMATIONS A. Proclamation to designate the month of May, 2005 as Human Trafficking Awareness Month and Zero Tolerance for Traffickers in Collier County. To be accepted by Lucas Benitez & Laura Germino, Coalition of Immokalee Workers and Anna Rodriguez & Aria Alonso - Immigrant Rights Advocacy Center. Adopted - 5/0 B. Proclamation to designate the month of May, 2005 as Mental Health Month. To be accepted by Petra Jones, Executive Director for Mental Health Association of Collier County, Inc. Adopted - 5/0 C. Proclamation to designate the week of May 9 through May 14, 2005 as Salvation Army Week. To be accepted by Major Ron Smith, Dr. Dor: Thomsen, Mr. David Brown, Mr. Henry Caballero, Mr. Mel Forbis, and Mr. Herb Cambridge and Wanda Moore, of the Salvation Army. Adopted - 5/0 D. Proclamation to designate May 20, 2005 as YMCA Project Graduation Day. To be accepted by Mr. Brandon Dowdy, Executive Director for the Greater Naples YMCA. Adopted - 5/0 E. Recommendation that the Board of County Commissioners issue a Proclamation designating Friday, May 20,2005 as Bike to Work Day in Collier County. To be accepted by Norm Feder, Collier County Transportation Administrator, and Ted Litwin, Chairman for the Pathway Advisory Committee. Adopted - 5/0 F. Proclamation to recognize the month of May, 2005 as ,Civility Month. To be accepted by Collier County Attorney, David Weigel. Adopted - 5/0 Page 3 May 10, 2005 G. Proclamation to designate the month of May, 2005 as Public Service Recognition Month. To be accepted by Jim Mudd, Collier County Manager, and Leo Ochs, Deputy County Manager. Adopted - 5/0 Added H. Proclamation declaring the month of May 2005 as Internal Auditor Awareness Month Adopted - 5/0 Mentioned:Commissioner Fiala - Michael Mandel of Marco Island and a member of PV AC has passed away. 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request by Keith Tompkins to discuss traffic signal on Collier Boulevard at the Eagle Creek entrance. A motion was made for this item to be brought back at the June 8, 2005 BCC Meeting, and a letter will be written by the Chairman to FDOT inviting them to attend the BCC Meeting - Approved 5/0 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Continued to the May 24, 2005 BCC Meeting A. Public Hearing to consider Adoption of an Ordinance Establishing the Heritage Bay Community Development District (CDD) pursuant to Section 190.005, Florida Statutes. B. This item to be heard at 10:00 a.m. The petition was continued from the April 12. 2005 BCC hearin2: at the applicants reQuest. This item reQuires that all participants be sworn in and ex-parte disclosure be provided bv Commission members. Petition: PUDA-2004-AR-6786 Vanderbilt Partners II, LLC, represented by Richard Y ovanovich, of Goodlette, Coleman & Johnson, P.A., requesting to amend the Cocohatchee Bay PUD document for the limited purpose of amending the Bald Eagle Page 4 May 10, 2005 Management Plan and related references in the Planned Unit Development (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. Motion to disapprove petition - Approve - 4/1 (Commissioner Henning opposed) C. This item was continued from the April12~ 2005 BCC meetine and is requested to be further continued to the June 28~ 2005 BCC meetine. This item requires that all participants be sworn in and ex -parte disclosure be provided bv 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 corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Motion to continue to the September 12,2005 BCC Meeting- Approved - 5/0 D. This item was continued from the April 26~ 2005 BCC Meetine. This item requires that all participants be sworn in and ex -parte disclosure be provided bv Commission members. PUDZ-2004-AR-6258, Elias Brothers Communities at Palermo Cove, Inc., represented by Dwight Nadeau, of RWA, Inc., and Chuck Basinait, of Henderson, Franklin, Starnes & Holt, P.A. requesting a rezone from the Agriculture zoning district to the Residential Planned Unit Development (RPUD) zoning district to be known as Palermo Cove PUD, consisting of 131 acres and a maximum of 524 residential dwelling units. The property is located north of Wolfe Road, west of Collier Boulevard (CR 951), in Section 34, Township 48 South, Range 26 East, Collier County, Florida. Motion fails 3/1 (Commissioner Coyle opposed, Commissioner Fiala abstained from voting); Second motion to continue and to work with Housing Director -Approved - 4/1 (Commissioner Halas opposed) E. This item to be heard at 4:00 p.m. Approve a Resolution authorizing the submission of a low interest State Revolving Fund (SRF) Loan application to the Florida Department of Environmental Protection for the construction of the Reclaimed Water Aquifer Storage and Recovery Project, and to adopt the document called "Collier County Aquifer Storage and Recovery Facilities Plan, March 2005" to allow the County to avail itself of a low- Page 5 May 10, 2005 ._._-~-_._._.,_.- interest SRF loan for this Project, 74030. Resolution 2005-189 - Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS F. G. Added H. i\.. Appointment of member to the Utility Authority. Resolution 2005-182 Re-appointing Lowell Lam - Adopted 5/0 B. Appointment of members to the Collier County Coastal Advisory Committee. Resolution 2005-183 Appointing Gerald W. Camiener and Anthony P. Pires, Jr., John Sorey and Ronald J. Minarcini - Adopted - 4/1 (Commissioner Henning Opposed) C. Appointment of member to the Development Services Advisory Committee. Resolution 2005-184 Appointing Frederick .1. Reischl - Adopted - 5/0 D. Appointment of members to the Educational Facilities Authority. Resolution 2005-185 Re-appointing John R. Humphrey, John J. Agnelli, and Ross P. Obley -Adopted 5/0 E. Appointment of members to the Health Facilities Authority. Resolution 2005-186 Re-appointing N. Rex Ashley and George C. Mohlke, Jr. and appointing Maria Cecelia Ferrao - Adopted 4/1 (Commissioner Halas opposed) Appointment of members to the Industrial Development Authority. Resolution 2005-187 Re-appointing John Agnelli and Ross P. Obley- Adopted 5/0 Appointment of member to the Tourist Development Council. Resolution 2005-188 Appointing Ron Albeit - Adopted 5/0 Contract Sheriffs' services for traffic control on Bluebill and Gulfshore Drive during high use times. Give funding to assist the Sheriff's Department during holidays w/cap of $65,000 per year- to bring in off duty officers to help in traffic control - Motion withdrawn - Second motion - Staff to provide contract w/all stipulations - Approved 4/0 (Commissioner Henning absent) Page 6 May 10, 2005 10. COUNTY MANAGER'S REPORT A. Please note that this item will be heard on June 71 2005 at 9:00 a.m. Recommendation to conduct the Conservation Collier Annual Public meeting to provide an update on the program's past activities, for soliciting proposals and applications, to provide direction to staff for making procedural changes to the ordinance and to develop an exceptional benefits ordinance. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) B. Recommendation to approve a Developers Contribution Agreement with Wal-Mart, WCI Communities, Inc., and Rimar, Inc. to design and construct six lane improvements on SR 951 from US 41 south to north of Henderson Creek in advance of and as an extension to the County's current six-Ianing project from US 41 to Davis Boulevard. (Norman Feder, Administrator, Transportation Services) Denied - 2/3 (Commissioner Coyle, Commissioner Fiala and Commissioner Henning opposed) County Attorney to give written opinion (legal interpretation) to all three entities as to their options. C. Recommendation to adopt a Resolution authorizing the acquisition by Condemnation of non-exclusive, perpetual utility and maintenance easements, temporary construction easements, and access easements for the construction of a sewer force main, raw water mains and well sites required for the South County Regional Water Treatment Plant (SCRWTP) Reverse Osmosis Wellfield Expansion to 20MGD, Project Number 708921, at a cost not to exceed $3,050,000. (Jim DeLony, Administrator, Public Utilities) Resolution 2005-190 - CWS Resolution 2005-02 - Adopted 5/0 D. Recommendation to approve a budget amendment for $2,000,000 to pay the Agency for Health Care Administration for the county's share of Medicaid Billing for a period ofFY 00 through FY 05. (Marla Ramsey, Administrator, Public Services) Approved - 5/0 Moved from Item #16C3 E. Recommendation to approve release of eight (8) Civil "Judgments issued for litter against Bruce Reed Schwartz deceased, in the amount of $4,000.00. Fiscal Impact is approximately $148.00 to record the eight (8) Judgments. Page 7 May 10, 2005 ..".._-~--_.....- Approved - 5/0 Moved from Item #16D2 F. Approve a modification in the amount of$9,345.90 to Purchase Order # 4500038389 with Newspaper Printing Company, Inc. for printing of the Recreation Guide. Approved - 5/0 11. PUBLIC COl\1l\1ENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMl\1UNITY REDEVELOPlVIENT AGENCY 15. STAFF AND COMMISSION GENERAL COl\Il\1l'NICATIONS A. Staff participating in a Statewide 311 activity B. Commissioner Henning would like Commissioner Coyle to reconsider running for Legislature. C. Dr. Bing's proposal to hire Mr. Tom Pellum for legal representation re: Vanderbilt Beach Hotel; County Attorney 'Veigel to meet with Dr. Bing and report back to BCC. D. Jim Mudd to set up a workshop with Legislature by the end of June. E. Legislative issue concerns F. Collier County Government Annual Report 2004 ------------------------------------------------------------------------------------------------------------ 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 & ENVIRON~IENTAL SERVICES 1) Recommendation to approve for recording the tìnal plat of "Grand Lely Drive, Phase Two". approval of the standard form Construction Page 8 'lay 10.2005 and Maintenance Agreement and approval of the amount of the performance security. w/stipulations . 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Terracina at the Vineyards" The roadway and drainage improvements will be privately maintained. Resolution 2005-177 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Jubilation". The roadway and drainage improvements will be privately maintained. Resolution 2005-178 4) Recommendation to approve for recording the final plat of "Black Bear Ridge - Phase I", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Grey Oaks Unit Fourteen". The roadway and drainage improvements will be privately maintained. Resolution 2005-179 6) Recommendation to approve for recording the final plat of "Valencia Lakes Phase 7-A", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 7) Recommendation to approve an Agreement for Sale and Purchase with John S. and Alberta R. Fallowfield for 1.14 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $37,850. As Detailed in the Executive Summary Page 9 May 10, 2005 8) Recommendation to name certain Acquired Conservation Collier Preserves. Railhead Scrub Preserve, Otter Mound Preserve, Cocohatchee Creek Preserve and Red Maple Swamp Preserve 9) Recommendation to approve for recording the final plat of "A viano at Naples", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. w/stipulations 10) Recommendation to approve a refund of the $1,000 continuance fees paid by Tabernacle of Bethlehem Church for Petitions CU-2003-AR- 4326 and V A-2003-AR-4327,Dieudonne and Lunie Brutus, petitioners, represented by Ronald F. Nino, AICP, of Vanasse Daylor when the petition was continued by the petitioner from a March 8, 2005 Board of County Commissioners hearing date to March 22, 2005 As Detailed in the Executive Summary 11) Recommendation to approve for recording the final plat of "II Regalo", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the perfom1ance security. wlstipulations 12) Recommendation to approve the Release and Satisfàction of Lien for the following cases: Gladys Rodriquez, 2000-027; Helen Stormer, 2004-71; Keith T. Heckman, 2004-074; Barbara Galloway, 2003-035; Barbara Galloway, 2002-393; Barbara Galloway, 99-029; Barbara Galloway, 2002-394; Barbara Galloway, 2003-385; Barbara Galloway, 2003-445; Erik H. & Astrid V. SetTer, 2581; Steve Riambau & Gildete Dasilva, 2567; Olga Hirshhom & Thomas G. Schessler, 2223; Olga Hirshhorn & Thomas G. Schessler, 2351; Aurora Bros., 1917; Aurora Bros., 2275; Douglas & Sandra Carter, 40328-018; Aurora Bros., 2383; Douglas & Sandra Carter, 2011; Douglas & Sandra Carter, 2121; Douglas & Sandra Carter, 1919; Douglas & Sandra Carter, 1885; Bayshore Land Development LLC, 2556; Felix Lerch Family Trust, 70915-021; Felix Lerch Family Trust, 1674; Felix Lerch Family Trust, 1540; John D. Endres, 2453; Salvatore & Antionette Cavataio. 2590; Salvatore & Antionette Cavataio, 2535; Gary Rookstool & Eleanor POlTas, 1761; Gary Rookstool & Eleanor POlTas, 51130-049; Caspian Builders, LLC, Page 10 May 10, 2005 2231/2350; William D. Collins, III, Trustee, ITF Florida SunbeIt Mortgage Co., 90-05-02297; Kelly Condon, 2413; William Mae Postelle, 2000-ll5; William Mae Postelle, 98-410; Rene Damphier, SO 134810; Joseph Harrington, CO 2004091215; Michael Ryon, CO 2004081106; Amber-Lou Investments Co., CO 2004100765. As Detailed in the Executive Summary Added 13) Recommendation that the Board of County Commissioners and the Collier County Community Redevelopment Agency (CRA) adopt an interlocal agreement between Collier County and the CRA establishing policies for the CRA pertaining to purchasing, personnel, contracting authority and budgeting (Companion to Item #16G3) B. TRANSPORTATION SERVICES 1) Recommendation to award Bid No. 05-3803 to Haskins, Inc. for construction of phase two of the Immokalee and Fifth Street Drainage Improvement Project, Project Number 51725 in the amount of $767,158.00. Located on the southwest quadrant of S.R. 29 and S.R. 846 along the north side of Eustis Avenue and west side of Fifth Street South. 2) Recommendation to approve a Work Order in the amount of $556,825.00 to Quality Enterprises USA, Inc. for construction of the Westlake Outfall Improvements Project (Project No. 510056), in accordance with the General Underground Utility Contract No. 04- 3535 and to approve a budget amendment in the amount of $239,832.50. The purpose is to mitigate flooding by providing enhanced conveyance capabilities to the Goodlette-Frank Road Canal while improving water quality through the addition of a water control structure 3) Recommendation to approve award of a construction contract with Quality Enterprises USA, Inc. for intersection improvements in the amount of $249,197.23 on Bluebill A venuelll lth Avenue at Vanderbilt Drive, Bid No. 05-3797 To improve the traffic flow at these intersections Page 11 May 10, 2005 4) Recommendation to approve a change order in the amount of $73,289.40 to Quality Enterprises USA, Inc. amending the Pine Ridge Subdivision Emergency Culvert Replacement Project (Project No. 510201) construction contract and to approve the associated budget amendment including an additional $5,000.00 contingency amount. As Detailed in the Executive Summary 5) Recommendation to allow the Transportation Division to advertise and receive bids for proposed roadway and drainage improvements to Goodlette-Frank Road from Golden Gate Parkway to Pine Ridge Road, Project No. 60005. Estimated fiscal impact is $12,000,000. 6) Recommendation to approve the Purchase Agreement and Accept the Warranty Deed for the fee simple acquisition of property from Lori Hamilton, Successor Trustee of the TPJ, Inc. Irrevocable Trust for the purpose of providing \Viggins Pass Outfall with an unobstructed sheetflow of water in the area known as the Wiggins Bay Basin. Project 512122. ($186,525) As Detailed in the Executive Summary 7) Recommendation to approve a Developer Agreement between Del Mar Retail Center, LLC and The Board of County Commissioners providing for construction of and reimbursement for a portion of the Lely Area Stormwater Improvement Project (Project No. 51101) in the amount of $146,855.00. To lower the flood elevations and to reduce the duration of peak stages while providing as much water quality improvement and groundwater recharge as possible 8) Recommendation that the Board reject bid #05-3780 "Motorola Central Control Irrigation Supplies and Services", To be reformatted and re-advertised 9) Recommendation to award RFP #05-3773 "Annual Contract for Roadway Contractors" to the follo\ving contractors: Bonness, Inc.: Better Roads, Inc., and: Quality Enterprises USA, Inc. (estimated annual amount S 1,750,000) To provide these services for multiple projects without issuing individual request for proposals Page 12 l\lay 10.2005 C. PUBLIC UTILITIES 1) Recommendation to approve Work Orders UC-023 in the amount of $281,000 Kyle Construction Incorporated for the system rehabilitation of the potable water system in the Gulf Harbor area, Project Number 710102. As Detailed in the Executive Summary 2) Recommendation to approve Work Orders UC-029 in the amount of $246,000 Kyle Construction Incorporated for the system rehabilitation of the potable water system serving Heron A venue in the Naples Park area, Project Number 710102. As Detailed in the Executive Summary Moved to Item #10E 3) Recommendation to approve release of eight (8) Civil Judgments issued for litter against Bruce Reed Schwartz deceased, in the amount of $4,000.00. Fiscal Impact is approximately $148.00 to record the eight (8) Judgments. 4) Recommendation to award Contract 05-3783 "Fixed Term Geographic Information Systems Services" to five (5) firms. Wilson and Miller, CH2M Hill, PBS &J, Ayers and Assoc. and Malcolm Pirnie 5) Recommendation to approve Work Order UC-l 04 under Contract 04- 3535 in the amount of$248,884.75 to Quality Enterprises USA, Inc., for construction of the Collier County and City of Naples Water System Interconnect at Davis Blvd., Project 70040. To allow Collier County and the City of Naples to supply water to each other in the event that an emergency limits the ability of either entity to produce water for their own customers D. PUBLIC SERVICES 1) Recommendation to approve McDonald's, Inc. ~s a sole source supplier of breakfast sandwiches for the Summer Food Service Program, with an estimated Fiscal Year 2005 expenditure of $32,200. Page 13 May 10, 2005 To provide free nutritious meals during the summer to Collier County children living in disadvantaged neighborhoods Moved to Item #10F 2) Approve a modification in the amount of$9,345.90 to Purchase Order # 4500038389 with Newspaper Printing Company, Inc. for printing of the Recreation Guide. Due to additional programming, the size of this year's publication has increased four pages over last year's summer issue 3) Recommendation to approve Change Order #8 in the amount of $119,772 for additional construction observation, permit modifications, and reimbursables for North Naples Regional Park, Contract #992947. As Detailed in the Executive Summary 4) Recommendation to approve a budget amendment to recognize and appropriate revenue of $18,035 for Domestic Animal Services. To purchase and procure additional disaster and hurricane preparedness supplies and equipment 5) Recommendation to authorize rental of trucks from Enterprise Rent A Car at an estimated cost of $40,000 for the transportation of food to recreation and school sites under the Summer Food Grant Program. To transport meals to school and recreation summer camps throughout Collier County E. ADMINISTRATIVE SERVICES 1) Recommendation to approve a budget amendment to recognize revenues and appropriate expenditures in the Purchasing Department budget. To purchase a mail machine that will mechanically seal and count all of the daily mail volume 2) Recommendation to approve conveyance of an Easement to Florida Power & Light Company (FPL) in order for it to provide electric power to the new North Naples Government Center, located on Orange Blossom Drive immediately west of the main Library, at a Page 14 j\Iay 10. 2005 cost not to exceed $18.50, Project Number 52534. 3) Recommendation to approve the utilization of State contracts for purchases of furniture and floor coverings over twenty-five thousand dollars. For multiple Board approved capital projects (Sheriff's Jail Addition, North Naples Satellite Government Center, County Courthouse Annex and others) 4) Report and ratify staff-approved change orders and changes to work orders to Board-approved contracts. For the period of March 31, 2005 through April 25, 2005 As Detailed in the Executive Summary F. COUNTY MANAGER 1) Recommendation to approve Change Order No.1 to Contract # 05- 3753 with Snyder Industries, Inc. for Maintenance Dredging of Wiggins Pass in the amount of $141 ,072. By adding time and an additional quantity of sand to be dredged in order to complete the project 2) Recommend approval of Change Order #1 for a $45,000 increase to Contract #01-3271 to Work Order #HM-FT-05-03 to Humiston & Moore for additional construction monitoring services for the Wiggins Pass dredging project 905221. 3) Recommendation to approve Amendment to 2004/2005 Tourism Agreement Between Collier County and Paradise Advertising Agency, Inc. Regarding EmergencylDisaster Relief Advertising Plan for $450,000 to be used for Emergency Advertising and Promotion To provide additional funding for critically needed 2005 off- season advertising 4) Recommendation that the Board of County Commissioners Approve the Purchase of a Ford Tractor, Model TS 115A from Landig Tractor Company, Inc. in the amount of $53,918.42 under Florida State Contract #765-900-04-1 Page 15 May 10, 2005 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) This item continued from the April 26~ 2005 BCC Meetin2. Recommendation to approve Contract Amendment A-2 involving Contract #03-3473 "Consultant Services for Preparation of a Land Development Overlay for BayshorelGateway Triangle Community Redevelopment Area (CRA) District". To increase hourly rates for personnel in conjunction with the 2005 CPI Index and to add personnel categories 2) Approve a budget amendment for $161,000 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. Due to an increase in the selling price and purchase cost per gallon of aviation fuel 3) Recommendation that the Board of County Commissioners and the Collier County Community Redevelopment Agency (CRA) adopt an interlocal agreement between Collier County and the CRA establishing policies for the CRA pertaining to purchasing, personnel, contracting authority, and budgeting. As Detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Marine Corps League of Naples First Annual Press Day Luncheon on Wednesday, April 20,2005 at the Elks Lodge; $13.00 to be paid from Commissioner Fiala's travel budget. Located at 3950 Radio Road, Naples, Florida 2) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 2005 Collier County Sand Dollar Awards & Tourism Week Luncheon Celebration on Wednesday, May 11,2005 at the Naples Beach Hotel & Golf Club; $22.00 to be paid from Commissioner Fiala's travel budget. Located at 851 Gulf Shore Blvd. N, Naples~ Florida Page 16 May 10,2005 3) Commissioner Henning requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the 2005 Collier County Sand Dollar Awards & Tourism Week Luncheon Celebration on Wednesday, May 11, 2005 at the Naples Beach Hotel & Golf Club; $22.00 to be paid from Commissioner Henning's travel budget. Located at 851 Gulf Shore Blvd. N, Naples, Florida 4) Commissioner Coletta requests Board approval for payment for attending a function serving a valid public purpose. Commissioner to attend the David Ellis' Farewell Function on May 9, 2005 at the Collier Building Industry Association's office. $10.00 to be reimbursed from Commissioner Coletta's travel budget. Located at 4799 Enterprise Avenue, Naples, Florida 5) Commissioner Coletta requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attend the Economic Development Council Membership Mixer hosted by Edison College on May 4, 2005 at Edison College Collier Campus. $15.00 to be reimbursed from Commissioner Coletta's travel budget. Located at 7007 Lely Cultural Parkway, Naples, Florida 6) Commissioner Halas requests Board approval for payment for attending a function serving a valid public purpose. Commissioner to attend the David Ellis' Farewell Function on May 9, 2005 at the Collier Building Industry Association's office. $10.00 to be reimbursed from Con1missioner Halas' travel budget. Located at 4799 Enterprise Avenue, Naples, Florida 7) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended CBIA Executive Director, David Ellis' Going Away Party on Monday, May 19, 2005 at CBIA Offices; $10.00 to be paid from Commissioner Fiala's travel budget. Located at 4799 Enterprise Avenue, Naples, J!lorida I. MISCELLANEOUS CORRESPONDENCE Page 17 May 10, 2005 1) Miscellaneous Items to Pile for Record with Action as Directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a Resolution between the Board of County Commissioners and Sprint Telephone Company of Florida. Resolution 2005-180 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 opened from April 2, 2005 through April IS, 2005 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. K. COUNTY ATTORNEY 1) Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 180 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02- 2218-CA (Immokalee Road Project #600 18). Additional Cost to County is $7,050.00. 2) Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $13,250.00 for the Acquisition of Parcels 129 and 729 in the Lawsuit Styled Collier County v. Terry L. Lichliter, et al. Case No. 03-2273-CA (Golden Gate Parkway Project No. 60027). Additional Cost to County is $7,281.00 after Credit for Amount Deposited. 3) Recommendation for the Board of County Commissioners to Approve an Agreed Order for Payment of Engineering Fees in the Amount of $3,200.00 in Connection with Parcels l31A and l31B in the Lawsuit Styled Collier COUll(V v. Stonebridge Country Club Community Association, Inc., et ar, Case No. 04-3588-CA (Immokalee Road Project #66042). Page 18 May 10,2005 4) Recommendation that the Board of County Commissioners Approve a Settlement and Release With Respect to Certain Claims Made by Better Roads, Inc. in Connection with the Work Under Contra.ct No. 02-3413, i.e., Livingston Road Phase In - Pine Ridge Road to Immokalee Road Project 62071. As Detailed in the Executive Summary 5) Recommendation to Approve Settlement in the Lawsuit Entitled Rose Guinane vs. Collier County Board of Commissioners Filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 03-2243-CA- THB, for $15,000.00. As Detailed in the Executive Summary 6) Recommendation to Approve a Settlement Prior to Trial in the Lawsuit Entitled Nicholas Marsit Jr., et al. vs. Collier County in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 03-1232-CA for $42,500.00 Plus Mediation Costs. As Detailed in the Executive Summary 7) Recommendation for Approval of an Inter local Settlement Agreement and Mutual Release between Collier County and the City of Naples in reference to Florida Department of Administrative Hearings, Case No.04-l 048GM and Second District Court of Appeal in Lakeland, Florida, Case No. 2DCA# 2D05-392. As Detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMl\;IENDATION 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 COMl\1ENCEMENT 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. Page 19 May 10, 2005 A. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. V A-2005-AR-6983; Daniel and Gail Barthel, as agent and owners requesting an after-the-fact variance from Section 2.07.00 and Section 4.02.22 of the Land Development Code (LDC) forrelieffTom the required front yard of25 feet to allow a 3.3- foot front setback and from the required side yard of 5 feet to a setback of 1.2 feet to accommodate a shade trellis over a parking area, as shown on the survey. The subject property is described as Section 18, Township 52 South, Range 27 East, Block A, Lot 2, Goodland Isles, Collier County, Florida, Plat Book 6, page 7. Resolution 2005-181 B. This item reauires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2003-AR- 3585 Wilson Boulevard Center LLC represented by William L.Hoover, of Hoover Planning & Development, Inc., requesting a rezone fTom a Planned nit Development (PUD) zoning district to a Commercial Planned Unit Development (CPUD) zoning district known as the Wilson Boulevard Center PUD. the rezoning would have the effect of amending the PUD Ordinance. A proposed change would allow the water management area to be located within a portion of the 75-foot wide buffer along the eastern and southern boundaries of the subject PUD. The property to be considered for the rezone is located on the southeast corner of Golden Gate Boulevard and Wilson Boulevard within a Neighborhood Center of Golden Gate Estates, in Section 10, Township 49 South, Range 27 East, Collier County, Florida. this property consists of 7.15 acres. Ordinance 2005-22 Continued to the May 24, 2005 BCC Meeting C. Recommendation to adopt a Resolution of the Board of County Commissioners of Collier County, Florida applying the Annual Mid-Cycle Indexing adjustments to amend the Water and Sewer Impact Fee rate schedule, which is Schedule Two of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance No. 2001-13, as amended) and providing for an effective date of June 1, 2005 D. This item has been withdrawn. Public Hearing to consider Adoption of an Ordinance establishing the Napoli Community Development District (CDD) Page 20 May 10, 2005 pursuant to Section 190.005, Florida Statutes. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 21 May 10, 2005