Recap 06/28/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
June 28, 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 WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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June 28, 2005
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OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE 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 to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for summary agenda.)
Approved and/or Adopted with changes - 5/0
B. May 24,2005 - BCC/Regular Meeting
Approved - 5/0
C. June 7, 2005 - BCC/Beach Access Workshop
Approved - 5/0
D. June 7, 2005 - BCC/Cycle I 2004 Adoption
Approved - 5/0
E. June 8, 2005 - BCC/Legislative Workshop
Approved - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
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June 28, 2005
A. 25 Year Attendees
1) Ron Jamro, Museum
Presented
B. 30 Year Attendees
1) Luz Pietri, Library
Presented
4. PROCLAMATIONS
A. Proclamation to designate June 28, 2005 as National HIV Testing Day. To
be accepted by Scott Tims, HIV Program Director for the Collier County
Health Department.
Adopted - 5/0
B. Proclamation recognizing participation of members of the United States
Military and urge all citizens, community businesses, service clubs and
schools to become involved and support our men and women in the Armed
Services and celebrate Independence Day 2005. Proclamation to be accepted
by John Veit, Parks and Recreation Department.
Adopted - 5/0
C. Proclamation recognizing June 13-19, 2005 as Mote Marine Laboratory
Week.
Adopted - 5/0
D. Proclamation designating July 6, 2005 as Austin Gray Day to be accepted by
Dianne Gray (Austin Gray's mother).
Adopted - 5/0
5. PRESENTATIONS
A. Presentation of the Advisory Committee Outstanding Member Award to
Mark Morton of the Smart Growth Advisory Committee.
Presented
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June 28, 2005
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B. Recommendation to recognize Chuck Diehl, Telecommunications Analyst,
Administrative Services Division, as Employee of the Month for June, 2005.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Beth Nelson to discuss exemption to the LDC as
requested by a developer.
To be placed on a future BCC Agenda
B. Public Petition request by Tari Harris to discuss the hanging of "Front Porch
Community" signs in Immokalee.
Direct staff to appropriately place signs
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PE-2005-AR-7123:
Michael Miceli, owner, requesting a parking exemption to allow off-site
parking on a lot that is not commercially zoned, and to allow two or more
permitted uses to utilize the same or a portion of the same required parking,
pursuant to the proposed Subsection 4.05.02.K.3. The subject 0.99-acre
property is located at 4600 Gulf Stream Drive, in Section 18, Township 50
South, Range 26 East, Collier County, Florida.
Resolution of Denial 2005-260 Adopted - 4/1 (Commissioner Coletta
opposed)
Moved from Item #8B
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2004-AR-6965,
Kelly Michele Smith, Project Planner for Davidson Engineering, Inc.,
representing Florida Homes of Collier County, Inc., requests Section 2.04.03
of the Collier County Land Development Code of the Estates Zoning District
for the purpose of a model home sales center. The property to be considered
for the Conditional Use is located at 12815 and 12825 Collier Boulevard
being located at the Northwest comer of 13th Avenue S.W. and Collier
Boulevard (C.R. 951), which is Unit 26, Tract 118, Golden Gate Estates, in
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June 28, 2005
Section 15, Township 49 South, Range 26 East, Collier County Florida. This
property consists of 5 acres.
Resolution 2005-261 Adopted - 4/1 (Commissioner Halas opposed); Staff
to address changes to the GMP regarding Model Homes - Concensus
8. ADVERTISED PUBLIC HEARINGS
A. It is recommended this item be continued to the July 26, 2005 BCC
Meetin!!. Recommendation to approve an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Chapter 74 of the
Code of Laws and Ordinances, as amended by Ordinance No. 2001-13 (The
Collier County Consolidated Impact Fee Ordinance, as amended), repealing
a portion of §74-20l, and replacing same in §74-40l(a); amending Article
IV pertaining to the affordable housing provisions to eliminate provisions
for waiver of impact fees; establishing a ceiling on the amount of impact fee
deferrals; reorganizing provisions in Articles II and IV relating to affordable
housing for clarity; providing for conflict and severability; providing for
inclusion in the Code of Laws and Ordinances; and providing for an
effective date.
Moved to Item #7B
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2004-AR-6965,
Kelly Michele Smith, Project Planner for Davidson Engineering, Inc.,
representing Florida Homes of Collier County, Inc., requests Section 2.04.03
of the Collier County Land Development Code of the Estates Zoning District
for the purpose of a model home sales center. The property to be considered
for the Conditional Use is located at 12815 and 12825 Collier Boulevard
being located at the Northwest comer of 13th Avenue S.W. and Collier
Boulevard (C.R. 951), which is Unit 26, Tract 118, Golden Gate Estates, in
Section 15, Township 49 South, Range 26 East, Collier County Florida. This
property consists of 5 acres.
C. This item was continued from the April 26, 2005 BCC Meetin!!. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-2004-AR-6258, Elias
Brothers Communities at Palermo Cove, Inc., represented by Dwight
Nadeau, of RW A, Inc., and Chuck Basinait, of Henderson, Franklin, Starnes
& Holt, P.A. requesting a rezone from the Agriculture zoning district to the
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June 28, 2005
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Residential Planned Unit Development (RPUD) zoning district to be known
as Palermo Cove PUD, consisting of l3l acres and a maximum of 524
residential dwelling units. The property is located north of Wolfe Road, west
of Collier Boulevard (CR 95l), in Section 34, Township 48 South, Range 26
East, Collier County, Florida.
Ordinance 2005-34 Adopted w/stipulations - 5/0
D. This item was continued from the June 14,2005 BCC Meetin!!. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. RZ-2003-AR-496l Southern
Development Company, Inc. represented by JeffL. Davidson, P.E., of
Davidson Engineering, Inc., requesting a rezoning from "A" Rural
Agricultural and "C-2ST" Commercial Convenience with a Special
Treatment overlay zoning districts to "C-3" Commercial Intermediate
zoning district for property known as Home Center Plaza located East of the
US 4l and SR 951 intersection, further described in Section 3, Township 51
South, Range 26 East, Collier County, Florida. This property consists of
6.07+ acres.
Ordinance 2005-35 Adopting staff's recommendation and stipulations
of the Falling Waters and Southern Development Company's
Agreement - Adopted 4/1 (Commissioner Henning opposed)
E. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-69l9:
Habitat for Humanity of Collier County, Inc. and Eugene U. Frey,
represented by Coastal Engineering Consultants, Inc. requesting a rezone
from the RSF-5(3) zoning district to the Residential Planned Unit
Development (RPUD) zoning district for a project to be known as the Regal
Acres PUD to allow for a maximum of l84 residential units; and,
consideration and approval of an affordable housing density bonus
agreement authorizing the developer to utilize affordable housing bonus
density units (in the amount of74 units at 2.0 bonus density units per acre)
in the development of this project for low-income residents that will
designate lOO percent of the units as Affordable Housing units. The subj ect
property, consisting of36.75 acres, is located on the west side of Greenway
Road, east of Collier Boulevard (C.R. 95l), and north of U.S. 41. The
subject property is located within Section l2, Township 5l South, Range 26
East, Collier County, Florida.
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June 28, 2005
Ordinance 2005-36 Adopting CCPC's recommendations including
transportation mitigation stipulation - Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to declare a vacancy on the Public Vehicle Advisory
Committee.
Resolution 2005-254 - Adopted - 5/0
B. Appointment of member to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2005-255: Appointing Raymond Perrine to the Bayshore
Beautification MSTU Advisory Committee - Adopted - 5/0
C. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2005-256: Appointing Larry Dean Mieszcak to the Collier
County Code Enforcement Board - Adopted - 5/0
D. Appointment of member to the County Government Productivity
Committee.
Resolution 2005-257: Appointing Lawrence M. Baytos to the County
Government Productivity Committee - Adopted - 4/1 (Commissioner
Colletta opposed)
E. Appointment of member to the Ochopee Fire Control District Advisory
Committee.
Resolution 2005-258: Appointing Mitchell A. Roberts to the Ochopee
Fire Control District Advisory Committee - Adopted - 5/0
F. A Resolution of the Board of County Commissioners of Collier County
declaring a public purpose for the solicitation of donations and the receipt of
donations to construct a Freedom Memorial for Collier County in
accordance with the action of the Board of County Commissioners at its
regularly scheduled April 26, 2005 meeting. (Commissioner Coyle)
Resolution 2005-259 - Adopted - 5/0
10. COUNTY MANAGER'S REPORT
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June 28, 2005
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A. Recommendation to approve Johnson Engineering, Inc. as a qualified firm
and award a contract under ITQ 04-3583 "CEI Services for Collier County
Road Projects" for Project No. 60018 "Immokalee Road Project from Collier
Blvd. to 43rd Ave. N.E." in the amount of$l,089,8l0.74. (Norman Feder,
Administrator, Transportation Services)
Approved - 5/0
B. This item to be heard at 11 :30 a.m. Recommendation to approve the Major
Transit Development Plan Update, FY 2006-20l0. (Norman Feder,
Administrator, Transportation Services)
Approved - 5/0
C. This item to be heard at 5:00 p.m. and will be the last item heard on this
day (Tuesday, June 28, 2005) Recommendation that the Board of County
Commissioners approve multiple road corridor alignment concepts in the
North Belle Meade area for long range planning purposes, and also approve
multiple corridors to be used in the short term as truck haul routes. (Norman
Feder, Administrator, Transportation Services)
Motion to accept Staff's recommendations with modification of #4 to
include connection of Wilson Blvd. Extension south to 1-75 (1 st choice)
and connection to Everglades Blvd. (second choice) Approved - 3/2
(Commissioners Coletta and Halas opposed);
Resolution 2005-262 (presented to clerk's office stating direction)
D. Recommendation to award a construction contract in the amount of
$l5,800,000 to John Carlo, Inc. for capacity improvements to Goodlette-
Frank Road, from Golden Gate Parkway to Pompei Lane, Project No. 60005,
Bid No. 05-385l. (Norman Feder, Administrator, Transportation Services)
Approved - 5/0
E. Recommendation to approve a budget amendment recognizing $l,887,984
in grant revenue from the Florida Communities Trust as reimbursement for
the purchase of the Barefoot Beach Outparcel, appropriating $300,000 to
fulfill requirements of the grant and appropriating the balance to fund capital
elements of beach access projects. (Marla Ramsey, Administrator, Public
Services)
Approved - 5/0
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June 28, 2005
F. Recommendation to approve a Developers Contribution Agreement with
Wal-Mart/Gateway, WCI Communities, Inc., and Stonebreak Homes, LLC
AKA Rimar to design, permit and construct roadway and intersection
improvements on SR 95l, the intersection of US 41/SR 95l and SR 95l
north of Henderson Creek to approximately l300' north of US 4l. (Norman
Feder, Administrator, Transportation Services)
Approved - 3/2 (Commissioners Fiala and Henning opposed)
G. Discuss status ofFEMA Floodplain Mapping Project and options regarding
the Federal Emergency Management Agency (FEMA) Letter of Final
Determination (LFD) dated May l7, 2005 to Collier County officially
notifying the County that FEMA now considers the Base (l % Annual
Chance) Flood elevations (BFEs) on the preliminary Flood Insurance Rate
Maps (FIRM) and Flood Insurance Study (FIS) Report to be final (Joseph K.
Schmitt, Administrator, Community Development) (Companion to Item
l2A.)
County to seek an injunction with FEMA to come up with more
accurate maps - Approved - 4/1 (Commissioner Henning opposed)
H. Recommendation to award Bid #05-3833 to Encore Construction Company
for the North County Regional Water Treatment Plant (NCRWTP)
Appurtenances for Mid Hawthorn Zone 1 Wells 1 14N, l15N, and ll6N, in
the amount of$l,690,000, Project Number 7l01l1. (Jim DeLony,
Administrator, Public Utilities)
Approved - 5/0
I. Recommendation to approve the necessary Budget Amendment and award
Bid #05-3807 to D.N. Higgins, Inc. for the Construction of Wells 35 and 36,
in the amount of$954,720, Project Number 701582. (Jim DeLony,
Administrator, Public Utilities)
Approved - 5/0
J. Recommendation to approve a budget amendment in the Amount of
$4,000,000 to initiate a new Public Utilities project to Design and Construct
a failing water main on US 41 from Rattlesnake Hammock Road to Barefoot
Williams Road Project 71059 (User Fees). (Jim DeLony, Administrator,
Public Utilities)
Approved - 5/0
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K. Recommendation that the Board of County Commissioners approve a draw
of $27,000,000 against a previously approved Local Government Pooled
Commercial Paper Program Loan Agreement; designating the Chairman of
the Board of County Commissioners to be the authorized signor of the draw
agreement. (Jim DeLony, Administrator, Public Utilities)
Approved - 5/0
L. Recommendation to approve the Environmental Impact Statement (EIS)
with staffs recommendations associated with the Final Plat and
Construction Plans (PPL) for AR# 6399 (3500 Corporate Plaza, Kraft
Construction) (Joseph K. Schmitt, Administrator, Community Development)
Motion to go back to EAC - Denied - 2/3 (Commissioners Coyle, Fiala
and Henning opposed) Motion to Approve w/stipulations - Approved -
4/1 (Commissioner Halas opposed); - Staff to explore having alternates
for the EAC - Concensus
Moved from Item #16A2
M. Recommendation to approve an amendment to the Arbor View Apartments'
agreement authorizing an affordable housing density bonus and imposing
covenants and restrictions on the real property.
Approved - 4/0 (Commissioner Henning out) - correct information read
into the record by County Manager, Jim Mudd
Moved from Item #16El
N. Recommendation to award Bid # 05-3827 "Temporary Laborers" to Tandem
Staffing, Able Body Labor and Pacesetter Personnel Services for Collier
County Work Projects.
Approved w/stipulations - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Jim Mudd addressed Kenneth Thompson's concerns
B. Chuck Molke regarding possible redistricting
12. COUNTY ATTORNEY'S REPORT
A. Discussion ofFEMA Alternatives / Direction. (Companion to Item lOG.)
Discussed under Item #10G
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B. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the
Board of County Commissioners will meet in executive (closed attorney-
client to be heard at 12:00 noon) session on TUESDAY, June 28, 2005
in the Commission conference room, 3rd Floor, W. Harmon Turner
Building, Collier County Government Center, 330 lEast Tamiami Trail,
Naples, Florida. The Board in executive session will discuss: Settlement
proposal/litigation expense issues of the pending litigation case of Collier
County v. Lexington Insurance Company, Case No. 2:05-cv-216-FtM-
33SPC, now pending in the United States District Court for the Middle
District of Florida, Fort Myers, Florida.
Closed Session
C. This item to be heard at 1 :00 p.m. Discuss Settlement Offer from
Lexington Insurance Company in reference to Collier County v. Lexington
Insurance Company, Case No. 2:05-cv-216-FtM-33SPC, now pending in the
United States District Court for the Middle District of Florida, Fort Myers,
Florida and give direction to County Attorney regarding the litigation.
Settlement option approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd on the 4th Penny Tourism Tax
B. Jim Mudd on Collier Park Annexation request
C. Commissioner Henning on sending a letter of thank you to the
Productivity Committee
D. Discussion regarding Advisory Board actions
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
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June 28, 2005
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve the Lien Resolutions for the abatements
of public nuisances in accordance with Ordinance 99-5l, as amended.
Resolutions 2005-236 through 2005-244
Moved to Item #10M
2) Recommendation to approve an amendment to the Arbor View
Apartments' agreement authorizing an affordable housing density
bonus and imposing covenants and restrictions on the real property.
Allowing the apartments to be sold as owner-occupied affordable
housing
3) Recommendation to approve for recording the final plat of "Ashton
Place", approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
4) Recommendation to approve a request for reimbursement and declare
an educational workshop as serving a valid public purpose.
The Florida Center for Environmental Studies hosted "Southwest
Florida: Can Nature Survive our Growth?" on April 1, 2005 at
Florida Gulf Coast University
B. TRANSPORTATION SERVICES
1) Recommendation to rescind the award of bid #05-3830 U.S. 4l East
(Rattlesnake Hammock to St. Andrews Blvd.) landscape and irrigation
installation to Hannula Landscaping due to utility renovation.
Due to emergency water main repairs on US 41 East, the
landscape and irrigation installation for all landscaping on US 41
has been rescheduled to April 2007
2) Recommendation to authorize staff to approve one (1) Work Order (in
the amount of $51,650) for Professional Design Services related to a
LAP Reimbursement Agreement Project titled "Sidewalks - Various
Locations". (Contract #01-3290)
As detailed in the Executive Summary
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June 28,2005
3) Recommendation to approve County budget amendment to reflect the
award of a $l million loan from the State's Toll Facilities Revolving
Trust Fund to the Collier MPO for the SS Jolley Bridge Toll
Feasibility Study.
4) The purchase of one (1) 20 cu.yd. Dump Truck for the replacement of
020159 16 cu. yd. Dump Truck that was totaled in a vehicular
accident on May l7, 2005. Total replacement cost for new dump truck
$9l,225.00.
From Wallace International Trucks, Inc.
C. PUBLIC UTILITIES
1) Recommendation to approve, execute and record Satisfactions for
certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal
impact is $58.50 to record the Satisfactions of Lien.
As detailed in the Executive Summary
2) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1992 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-245
3) 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 1993 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-246
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 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-247
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June 28, 2005
5) 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 1995
Solid Waste Collection and Disposal Services Special Assessments.
Fiscal impact is $30.00 to record the Satisfactions of Lien.
Resolution 2005-248
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 1996 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2005-249
7) Recommendation to approve execution of a Mutual Aid Agreement
between the Collier County Water-Sewer District and other
FlaW ARN participating Utilities.
8) Recommendation to approve necessary Budget Amendments to
Transfer Wastewater Department Funds from County Water-Sewer
Operating Fund 408 to Fund 518, (in the amount of $37, 1 07.68) Risk
Management for the purpose of cost sharing in the purchase of a Gas
Monitor System for the Water, Wastewater and Risk Management
Departments.
Used in testing the atmosphere of confined spaces
9) Recommendation to accept Rights-of-Entry and Utility Easements
from two property owners required for the construction of a 16- inch
reclaimed water main along the southerly side of Davis Boulevard for
Radio Road/Davis Boulevard Reclaimed Water Main Project Number
74035l, at a cost not to exceed $1,000.
From Martin and Felizitas Mueller and the Preserve of Naples,
LLC, joined by the Napoli Luxury Condominium Owners'
Association, Inc.
10) Recommendation to adopt a Resolution approving execution of a Lot
Line Adjustment Affidavit pertaining to the County and Robert G.
France and to approve the statutory exchange of property that together
will provide the County with the necessary lands in fee and easement
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June 28, 2005
ownership required to make an existing site for proposed raw water
wells viable and that would have the desired effect of eliminating an
existing encroachment by Mr. France's private property onto public
lands.
Resolution 2005-250
11) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2005 tax year. The fiscal impact is $18.50 to
record the Resolution.
Resolution 2005-2511CWS 2005-04
12) Recommendation to approve a change order in the amount of
$32,030.00 to Work Order # HM-FT-02-0l with Hole Montes, Inc.
for professional engineering services related to installation of a l6-
inch reclaimed water system interconnect from Radio Road to Davis
Boulevard, Project Number 74035.
13) Recommendation to award Bid Number 05-3839 to AAA Generator
& Pump, Incorporated for the purchase and delivery of four (4)
generators by the Wastewater Department in the amount of$196,765
and approve a budget amendment to transfer $196,765 from Reserves
to Project 73958, Purchase Generators for Lift Station Reliability.
To be used at various lift stations during power outages
14) Recommendation to approve; an Interlocal Agreement between
Collier County Water Sewer District and the School Board of Collier
County for the re-routing of the Lely High School Force Main, an
Amendment to Work Order HM-FT-04-0l, Contract 00-3ll9 with
Hole Montes in the amount of $42,400, and a budget amendment in
the amount of $398,000 for the SCWRF Reliability Improvements
Project, 72508.
To provide a reliable and safe wastewater collection system from
Lely High School
15) Recommendation to approve the necessary Budget Amendment and
authorize the Public Utilities Engineering Director to execute Work
Order MPI-FT-05-03 for project management assistance and oversight
in an amount not to exceed $85,000 during upgrades and
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June 28, 2005
modifications to the Lime Softening Water Treatment Plant Process at
the South County Regional Water Treatment Plant, Project 700571.
As detailed in the Executive Summary
16) Recommendation to approve Work Order # UC-113 with Mitchell &
Stark Construction Company, Inc. in the amount of $694,300.00 for
construction of fire and irrigation water system improvements at Bay
Colony Shores in Pelican Bay, Project Number 74023.
To insure long-term reliability, enhance operational efficiency,
and reduce the need for capital improvements
17) Recommendation to approve Work Order # UC-l14 with Mitchell &
Stark Construction Company, Inc. in the amount of $230,500.00 for
construction of fire and irrigation water system improvements at
Georgetown in Pelican Bay, Project Number 74023.
To insure long-term reliability, enhance operational efficiency,
and reduce the need for capital improvements
18) Recommendation to award Contract 05-3831 "FEMA Acceptable
Monitoring of Disaster Generated Debris Management" to three (3)
firms. Annual cost will be dependent on the number and severity of
the disaster events occurring eligible for FEMA reimbursement during
the fiscal year.
Awarded to R.W. Beck, Inc., Dewberry/Solid Resources, Inc. and
Post, Buckley, Schue & Jerrnigan for an "on call, no cost"
contract for a period of four (4) years
19) Recommendation that the Board Approve the Cooperative Purchase
from Hillsborough County to retain services of Public Resources
Management Group (PRMG) in the estimated annual amount of
$500,000 to provide consulting services and analysis for Utility Rate
Study Updates, Impact Fee Study Updates, Development of Bulk
Service Rates and other necessary utility related financial consulting
servIces.
20) Recommendation to approve a budget amendment to transfer
$417,999 from Fund (408) Reserve for Contingencies to cover
unanticipated expenses in the Water Distribution Cost Center.
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June 28, 2005
For the remainder of FY 2005 to cover unanticipated system
failures and an increase in electrical costs
Moved from Item #17 A
21) Adopt a Resolution authorizing a change to Water and Wastewater
Impact Fee Schedule Two of Appendix A, Ordinance 2001-13, as
amended, to correct scrivener's errors in order to correctly state the
square footage range in the assessment of residential water and
wastewater impact fees and to state that the minimum water impact
fee is $2,760 for one (1) ERC.
Resolution 2005-252
D. PUBLIC SERVICES
1) Recommendation to award Work Order #PBS-02-46 in the amount of
$82,378 to PBS, Inc. for replacement of the docks at Cocohatchee
River Park.
To maintain beautiful and safe park facilities
2) Recommendation to approve a Limited Use License Agreement
between the Board of County Commissioners and the Naples Junior
Chamber of Commerce, Inc., approving use of specified county-
owned property for conducting a July 4th Fireworks Festival.
As detailed in the Executive Summary
3) Recommendation to approve purchase and installation of playground
equipment for Vineyards Community Park and Immokalee
Community Park from Piazza, Inc. in an amount not to exceed
$140,000.
As detailed in the Executive Summary
4) Recommendation to approve budget amendments in the amount of
$202,000 for the Older Americans Act Nutrition program and
authorize the Chairman to sign the agreement between Collier County
Board of County Commissioners and Senior Connections of
Southwest Florida to provide nutrition services.
Due to recent changes in Florida Legislation
Page 17
June 28, 2005
5) Recommendation to approve a budget amendment in the amount of
$6,074 to ensure continuous funding of the Home Care for the Elderly
grant.
To recognize the direct funding portion to the County for case
management
6) Recommendation to approve a budget amendment in the amount of
$614,132 to ensure continuous funding of the Community Care for the
Elderly grant.
Due to recent changes in Florida Legislation
7) Recommendation to approve budget amendments in the amount of
$l05,706 to ensure continuous funding of the Alzheimer's Disease
Initiative grant.
Due to recent changes in Florida Legislation
8) Recommendation to approve a budget amendment in the amount of
$63,549 to ensure continuous funding of the Older Americans Act
grant in the Human Services Department.
Due to recent changes in Florida Legislation
9) Recommendation to apply to the Florida Department of Health for a
Primary Care Children and Families Challenge Grant in the amount of
$l54,500 to expand primary care at the Horizon's Clinic.
Located at 5262 Golden Gate Parkway
10) Recommendation to approve a budget amendment in the amount of
$409,600 to fund payment to the City of Naples under the Interlocal
Agreement for Reciprocal Beach Parking.
As detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES
Moved to Item #10N
1) Recommendation to award Bid # 05-3827 "Temporary Laborers" to
Tandem Staffing, Able Body Labor and Pacesetter Personnel Services
for Collier County Work Projects.
To complete County projects in a professional and timely basis
Page 18
June 28, 2005
2) Recommendation that the BCC award Bid #05-3806, Purchase of
Protective Footwear to Vic's Shoe and Boot and to Safety Shoe
Distributors.
For employees who face foot injuries while working
3) The Board of County Commissioners award Bid #05-3853, "Small
Landscape Equipment" to referenced dealerships for the products
indicated on the attached Bid Matrix. Expenditures are projected at
$40,000 - $50,000 annually.
For a two-year contract
4) Recommendation to utilize the contract between Pinellas County
Government and CS STARS, LLC (Contract No. 034-770-P) for the
purchase of a Risk Management Information System at a cost of
$70,175 per year.
As detailed in the Executive Summary
5) Approve Contract Amendment No. 1 involving Contract #02-3371,
"Fixed Term Professional Transportation Planning Consultant
Services".
With Kimley Horn and Associates, Inc., PBS & J, CH2M Hill,
Inc., TBE Group, and David Plummer & Associates, Inc.
6) Recommendation to award RFP No. 05-3795- "Enterprise Content
Management Strategy" and proceed with Phase 1 "Analysis" in the
amount of $95,000.00.
As detailed in the Executive Summary
7) Recommendation to extend contract 00-3090 (Indoor Air Quality
Services) until a new contract is award.
With Pure Air Control Services
8) Recommendation to approve a Third Amendment to Lease Agreement
with Arnold Properties, Inc., for the continued use of
garage/warehouse space by the Sheriff s Office at a total cost of
$36,639.60.
Located at 1100 Commercial Boulevard for the period ending
March 1,2007
Page 19
June 28, 2005
---"..._-~_..
9) Recommendation to authorize supplemental pay to employees who
are recalled to active duty for the entire duration of their tour.
Extending the period of supplemental pay from ninety (90) days
to the entire duration of the active duty service, not to exceed five
(5) years total
10) Recommendation to approve Amendment No.5, for Phase 2 and
Phase 3 of Contract # 00-3173 with Spillis Candela DMJM to provide
Design Development and Construction Administration Services for
the Courthouse Annex, floors five (5) through seven (7) in the amount
of $553,920.00
As detailed in the Executive Summary
F. COUNTY MANAGER
1) Recommendation to approve Tourist Development Category "C-2"
Grant Application and Agreement with Naples Botanical Garden for
$207,lOO.
Pending final approval of the FY 2006 Budget
2) Recommend Approval of Change Order #1 to Contract #05-3744 with
Marine Contracting Group, Inc. to provide for the storage of
construction equipment off the beach in the not to exceed amount of
$42,300 for the Hideaway Beach Jetty and T-Groin Construction
Project 90502.
And requesting an additional ten (10) calendar days to complete
the project
3) Recommend Approval of Change Order #1 to Bid #04-3667 with
Weeks Marine Inc. for additional sand placement on Hideaway Beach
as part of the Hideaway Beach Re-nourishment Project 90502l in the
amount of $185,000 and four additional contract days.
To account for erosion that has occurred between the pre-bid
survey and the pre-construction survey
4) Recommend approval for the Tourist Development Tax Category "A"
1 0- Year Expense and Revenue Projections as part of the budget
process for Fiscal Year 2006.
As detailed in the Executive Summary
Page 20
June 28, 2005
5) Recommendation to approve an Agreement between Collier County
and Cleveland Clinic Florida Hospital Naples Non-Profit Corporation
for use of the Medical Examiner facility to conduct autopsies.
To conduct non-Medical Examiner autopsies
6) Recommendation to approve a budget amendment in the amount of
$268,625.03 for the purchase of two replacement ambulances.
7) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for approving the Special
Assessment to be levied against the properties within Pelican Bay.
Resolution 2005-253
8) Approval of budget amendments.
For the treatment of Lethal Yellowing, the repair of a motor at
Victoria Park, and funding of a Benchmark Survey performed by
FDEP to expand the Vertical Control Network through Golden
Gate Estates
9) Recommendation to award Bid #05-3836 to Pantropic Power for the
rental of generators and spot air coolers for the 2005 hurricane season
at an initial cost of$l8,750.
To support shelter operations during and following a disaster
event
10) Recommendation to waive formal competition and approve
negotiating an annual contract not to exceed $l25,000 with The
Ferguson Group for federal lobbying services.
To search for funding opportunities at the federal level of
government
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Approve a Budget Amendment for $10,000.00 to fund costs incurred
to complete the Security System for the Federal Inspection Station
(U.S. Customs office) at the Immokalee Regional Airport.
H. BOARD OF COUNTY COMMISSIONERS
Page 21
June 28, 2005
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to be filed for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $34,000.00 as to Parcel Nos. l62 and 762 in the lawsuit
styled Collier County v. Beverly J. Gatti, et ai., Case No. 03-2551-CA
(Golden Gate Parkway Project 60027). (Fiscal Impact $2l,448.00)
Staff to pay the sum of $21,448.00 to Forman, Hanratty &
Montgomery Trust Account for proper disbursement
2) 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 Parcel
l87 in the lawsuit styled Collier County v. Patrick J. Murphy, et ai.
Case No. 03-5270-CA (Vanderbilt Beach Road Project No. 63051).
Additional cost to County is $l07,331.00 after credit for amount
deposited.
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.
Moved to Item #16C21
Page 22
June 28, 2005
A. Adopt a Resolution authorizing a change to Water and Wastewater Impact
Fee Schedule Two of Appendix A, Ordinance 2001-13, as amended, to
correct scrivener's errors in order to correctly state the square footage range
in the assessment of residential water and wastewater impact fees and to
state that the minimum water impact fee is $2,760 for one (1) ERC.
B. Recommendation to adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Ordinance No. 2003-
6l, as amended which is Article II of Chapter 49 of the Collier County Code
of Laws and Ordinances, incorporating changes to the Fee Payment
Assistance Program based on direction by the Board of County
Commissioners.
Ordinance 2005-30
c. Recommendation to adopt an Ordinance of the Board of County
Commissioners of Collier County, Florida, amending Chapter 74 of the
County's Code of Laws and Ordinances, as amended by Ordinance No.
200 l-l3 (the Collier County Consolidated Impact Fee Ordinance, as
amended), providing for an increase in both the cumulative and individual
annual amount of impact fee waivers provided to charitable organizations, a
maximum amount of waiver eligible to qualified applicants and the
maximum amount that may be carried forward as a program balance in
accordance with previous direction provided by the Board of County
Commissioners.
Ordinance 2005-31
D. Recommendation to adopt an ordinance amending the code of laws and
ordinances of Collier County, Florida, as adopted by ordinance number 02-
49 the Collier County Fire Prevention and Protection code by amending
Chapter 58, Fire Prevention and Protection, Article II, fire safety standards
for the unincorporated area of Collier County, by amending Section 58-26,
pertaining to adopted standards and codes of the national fire codes
published by the National Fire Protection Association (NFP A); amending
section 58-27, pertaining to amendments to adopted fire codes, specifically
NFP A l, 2003 edition; replacing section 58-28, pertaining to amendments to
the adopted life safety code, specifically NFP A 101, 2003 edition; providing
for the inclusion in the code of laws and ordinances; providing for conflict
and severability; and providing an effective date.
Ordinance 2005-32
Page 23
June 28, 2005
E. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Schedule Eight of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances, (The Collier County
Consolidated Impact Fee Ordinance) providing for the incorporation by
reference of the amended impact fee study entitled "Collier County Library
Facilities and Items Impact Fee Update (with revisions in April 2005) and
applying the annual indexing adjustment to reflect an increased new rate of
$l80.89 per one-thousand (l,000) square feet of living area for all residential
land uses, and providing for a delayed effective date of August 1, 2005.
Ordinance 2005-33
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 24
June 28, 2005