Recap 09/13/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
September 13, 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. 2004-05, 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
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September 13, 2005
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE 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. Father Joe Moffatt, S1. Ann Catholic Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended.
(Ex Parte Disclosure provided by Commission members for summary
agenda. )
Approved and/or adopted with changes - 5/0
B. June 28, 2005 - BCC/Closed Session Item 12B
Approved as presented - 5/0
C. July 8, 2005 - BCC/Hurricane Dennis Emergency Meeting
Approved as presented - 5/0
D. July 26, 2005 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS)
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September 13, 2005
A. Advisory Committee Service Awards
1) Advisory Committee Service Awards
Presented
4. PROCLAMATIONS
A.
B.
C.
Added
D.
Proclamation designating the week of September 19-23, 2005 as Industry
Appreciation Week.
Adopted - 5/0
Proclamation designating September 13,2005, as Drowning Impact
Awareness Day. To be accepted by Mary Beth Baxter, Aquatics Director,
YMCA of Naples; Mandy Carpenter, Swim Instructor, YMCA of Naples;
Fran Deeks, Swim Instructor, YMCA of Naples; Commissioner "JAil
Rautio, North Naples Fire Control and Rescue District; Laura Pacter,
P.E.O., North Naples Fire Control and Rescue District; and Dottie
Murray-Weiner, Director of Aquatics and Lead Swim Instructor, YMCA
of Marco Island.
Adopted - 5/0
Proclamation designating September 18 - 24, 2005, as National
Rehabilitation Week. To be accepted by Heather Baker, Director of
Rehabilitative Services, Naples Community Hospital.
Adopted - 5/0
Proclamation to welcome those displaced because of Hurricane Katrina to
our Community
Adopted - 5/0
5. PRESENTATIONS
A. Presentation by Senator Burt Saunders recognizing the contributions of
Ann Olesky to the restoration of Lake Trafford.
Presented
B. Presentation of the August 2005 Advisory Committee Outstanding
Member Award to Stephen A. Harrison, County Government Productivity
Committee.
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September 13, 2005
Presented
C. Presentation of the September 2005 Advisory Committee Outstanding
Member Award to Walter R. Jaskiewicz, Collier County Citizens Corps.
Presented
D. Presentation to the Board of County Commissioners of rendering of the
Freedom Memorial. To be presented by Jerry LaDue.
Presented
6. PUBLIC PETITIONS
A. Public Petition Request by Mr. Andrew S. Evva, President, The American
Foundation for Hungarian Youth and Culture, to discuss the Placement of
a Sculpture Commemorating the 50th Anniversary of Hungary's 1956
Revolt.
Board recommending the gathering of criteria surrounding Freedom
Memorial to be re-visited no later than the December 13th BCC
Meeting
Withdrawn
B. Public Petition request by James Bryant to discuss traffic light timing in
Collier County.
C. Public Petition request by Matthew Nolton to discuss fence permit and
code violation.
Recommendation to re-examine this portion of the code because of
safety, health, and welfare issues, sub-contractor will pay half of the
fees ($1000), and the remainder of the cost shall come out of the
General Fund - Approved - 5/0
D. Public Petition request by John Gursoy to discuss the Gulf Coast
Skimmers Lease Termination.
Presented; to be discussed further on Item #10E
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
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September 13, 2005
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A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. ADA-2005-AR-
7658, Joseph C. Fuller, P.A., representing John and Teri Purvis and other
affected property owners requesting an appeal to Official Interpretation
INTP-2005-AR-7442 related to an internal official interpretation
regarding the definition and operative provisions of certain LDC terms
pertaining to "Boat Canopies".
Staffs request to continue this item until the September 27, 2005 BCC
Meeting - Approved - 5/0
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2004-AR-6449:
Ashley Doctors, property owner, represented by Richard D. Yovanovich,
Esquire, of Goodlette, Coleman & Johnson, P.A., requesting a variance
for a 4.98-foot encroachment into the 20-foot required rear setback for a
swimming pool and screen enclosure leaving a 15.02-foot rear yard on a
waterfront lot. The subject property is located at 149 Flamingo Avenue, in
the Conners Vanderbilt Beach Estates Subdivision, Unit 3, Lot 25, in
Section 29, Township 48 South, Range 25 East, Naples, Florida
Resolution 2005-315 - Adopted w/stipulations 4/1 (Commissioner
Halas opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-2003-AR-
4965 Crystal Lake POA Two, Inc., represented by Terry Kepple of
Kepple Engineering, requesting a Planned Unit Development Amendment
to revise the maximum area for a Park Trailer from 500 to 1,000 square
feet; provide for construction of a fence on top of the berm located along
Collier Boulevard; and minor clean-up items in the PUD language such as
change in owner, and preparer. The subject property is 168.8 acres located
at 14960 Collier Boulevard in Section 26, Township 48 South, Range 26
Eas 1.
Ordinance 2005-45 Adopted - 5/0
B. This item was continued from the July 26, 2005 BCC meetine:. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDZ-A-2004-AR-5998:
Collier County Board of County Commissioners, represented by Coastal
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September 13, 2005
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Engineering Consultants, Inc., requesting a rezone from Planned Unit
Development (PUD) to Community Facilities Planned Unit Development
(CFPUD) for a project previously known as the Bembridge PUD, to
change the name to the Bembridge Emergency Service Complex PUD, by
amending the previously approved PUD Document and Master Plan to
show a change in use from residential development and a church or a
nursing home, to allow development of various public and community
facilities to include an Emergency Management Operations Center and
other government facilities, and to allow for an existing elementary school
and possible expansion of the existing school and possible construction of
additional educational plants (schools). The project consists of39.82 acres
and is located on Santa Barbara Boulevard, north of Davis Boulevard (SR
84), in Section 4, Township 50 South, Range 26 East, Collier County,
Florida. (This item Companion to Item 10H)
Ordinance 2005-46 Adopted w/ stipulations - 5/0
C. (This item to be heard at 11 :00 a.m. Recommend that this item be
continued to the September 27, 2005 BCC Meetine:. A request that the
Collier County Board of County Commissioners (Board) adopt an
ordinance amending Ordinance No. 04-41, as amended, the Collier
County Land Development Code (LDC) to add the amendments of LDC
Special Cycle 2a, authorized by the Board for the following purposes.
Amendment of Section 2.03.07 Overlay Zoning Districts adds
implementing provisions for three (3) new Transfer of Development
Rights (TDR) Bonuses outlined in the Growth Management Plan (GMP)
amendment CP-2004-4. Amendment of Section 2.03.08 is required to
implement the "glitch" amendment CPSP-2003-11 to the GMP, as well as,
further implementing the TDR Bonus Credits and Rural Village Standards
as adopted in the GMP. Amendment of Section 10.02.13 Planned Unit
Development (PUD) Procedures to add provisions for PUD expiration and
retirement of excess numbers of dwelling units.
Adoption hearing scheduled at the September 27, 2005 BCC Meeting-
Approved - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Forest Lakes Roadway and Drainage
Advisory Committee.
Resolution 2005-316 Appointing George E. Fogg - Adopted 5/0
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September 13, 2005
B. Appointment of members to the Collier County Airport Authority.
Resolution 2005-317 Appointing Richard Schmidt (new appointment)
Stephen L. Price (re-appointment) James A. Peterka (re-
appointment) and Byron Meade (re-appointment) Adopted - 5/0
C. Appointment of member to the Land Acquisition Advisory Committee.
Resolution 2005-318 - Appointing Brent Moore - Adopted -5/0
D. Appointment of members to the Lely Golf Estates Beautification
Advisory Committee. Resolution 2005-319 Re - Appointing Anthony J.
Branco and Robert C. Cole ( with waiver of term limit)- Adopted -
5/0
E. Appointment of members to the Emergency Medical Services Advisory
Committee; Resolution 2005-320 Appointing John Cassio (District 1)
Richard Schmidt (District 5) David Bush (at large) and Re-appointing
Gail Dolan (NCH), Captain Al Beatty (Sheriff's Dept.), Judith
Nuland (Health Dept.), James T. McEvoy (Fire Chief City of Naples),
Michael D. Murphy (Marco Island Police & EMS) and Assistant
Rob Potteiger (Collier County Fire Rescue) -Adopted- 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve an Agreement for Sale and Purchase with
The District School Board of Collier County, Florida for 65 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $2,134,500. (Joseph K. Schmitt, Community Development and
Environmental Services Administrator)
Continued to future BCC date - Approved - 5/0
B. Recommendation to adopt a Resolution authorizing the acquisition by
Condemnation or purchase of non-exclusive perpetual utility, utility and
access easements, and temporary construction easements for the
construction of water transmission mains for the Collier Boulevard Water
Main Project from Davis Boulevard south to U.S. 41, Project Numbers
70151 and 70152, at a cost not to exceed $1,659,112. (Jim DeLony,
Administrator, Public Utilities)
Resolution 2005-321 and CWS Resolution 2005-05 - Adopted - 4/0
(Commissioner Coyle Out)
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September 13, 2005
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C. Recommendation to assess the overall effectiveness and community value
of the Environmental Advisory Council (EAC) and provide direction with
regards to attendance, functions and future role as the Countys
environmental advisory board.(Joseph K. Schmitt, Administrator,
Community Development and Environmental Services Division)
Recommendation to keep the EAC and to establish alternate positions
with positions having the ability to vote and monitor attendance -
Approved - 5/0
D. This item to be heard at 10:00 a.m. Board to consider redistricting of
the County Commission District boundaries and, if so directed, to approve
criteria for establishing those boundaries. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services
Division)
Recommendation to continue this issue regarding the redistricting
of County Commission District Boundaries until 2007; including
2006 budget and census information - Approved 4/1 (Commissioner
(Halas opposed)
E. Recommendation to terminate for cause, the Lease Agreement between
Collier County and Gulf Coast Skimmers Water Ski Show, Inc. (Marla
Ramsey, Administrator, Public Services)
Termination effective September 15,2005 - Approved - 5/0
F. Recommendation to approve a Cooperating Technical Partners
Partnership Agreement between Collier County, the City of Naples, the
South Florida Water Management District (SFWMD), and Region IV,
Federal Emergency Management Agency (FEMA) to formalize an
agreement to work together to create and maintain accurate, up-to-date
flood hazard data for the City of Naples and unincorporated Collier
County. (Joseph K. Schmitt, Administrator, Community Development and
Environmental Services Division)
Approved w/stipulations - 5/0
G. Recommendation to approve an addendum to the Lely Cultural Center
Settlement Agreement in support of the Emergency Service Complex,
Project 52160. (Len Price, Administrator, Administrative Services)
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September 13,2005
(Companion to Items 8B and 10H)
Approved - 5/0
H. Recommendation to approve a $91,750.00 change to contract #03-3448,
Professional Architectural and Design Services for Collier County
Emergency Services Complex, with Harvard Jolly to site adapt the project
to the Lely site. (Len Price, Administrator, Administrative Services)
(This Item is a Companion to Items 8B and 10G)
Direct staff to prepare final site recommendation - Approved
w/stipulations - 4/1 (Commissioner Fiala opposed)
I. Discussion of possible solutions to resolve a code violation against
Wesley Ceeley for clearing land on Richards Street without proper
permits. (Norman Feder, Administrator, Transportation Services)
To be sent to Code Enforcement with recommendation to resolve -
Approved 5/0
J. Recommendation to award bid number 05-3866 to Douglas N. Higgins,
Inc. in the amount of$I,114,560.00 and allocate an additional
$111,440.00 in contingencies for construction of the US 41 Water Main
from Collier Boulevard (CR 951) to Manatee Road, and to approve the
necessary budget amendment, Project 70153. (Jim DeLony,
Administrator, Public Utilities)
Approved - 4/0 (Commissioner Henning out)
K. Recommendation to approve the purchase of Right-of-Way Parcel No.
146, Temporary Construction Easement Parcel No. 746 and Perpetual,
Non-exclusive Drainage Easement Parcel No. 846 which are required for
the expansion of Collier Boulevard project 65061. Total fiscal impact:
$1,363,392. (Norman Feder, Administrator, Transportation Services)
Approved - 5/0
L. Recommendation to award a construction contract to John Carlo, Inc., for
Rattlesnake Hammock Road Six-Lane Improvements, Bid No. 05-3876;
Project No. 60169, CIE No. 37 in the amount of$23,298,102.25.
(Norman Feder, Administrator, Transportation Services)
Approved - 5/0
M. Recommend Approval of City/County Beach Renourishment Program,
approve the 10-year Beach/Inlet funding plan and award bid #05-3854 to
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September 13, 2005
Great Lakes Dredging and Dock (GLDD) in the amount of$18,476,312.
(Jack Wert, Director, Tourism Department)
Approved - 4/0 (Commissioner Fiala out)
Moved from Item #16A40 (to remain on Consent)
N. Recommendation to approve two Budget Amendments transferring funds
from the Affordable Housing Trust Fund to the Marco Affordable
Housing Fund for the purpose of separating SHIP Funds and Inter-local
Agreement Funds; recognizing additional carry-forward in the Affordable
Housing Trust Fund; and recognizing FY 05 Affordable Housing revenue
within Fund.
Moved from Item #16F12
O. Recommend Approval of an Inlet Management Policy and Funding
Guidelines for Category A Tourist Development Taxes
Approved w/stipulations - 5/0
Moved from Item #16A35
P. Recommendation that the Board of County Commissioners (acting as the
CRA) approve award of contract 05-3801 Consulting Services for
Preparation of a Revised Immokalee Area Master Plan and Rural LDC
(Land Development Code) (Companion to Community Redevelopment
Agency (CRA) approval of contract under item #16Gl)
Approved - 5/0
Moved from Item #16D9
Q. Recommendation to accept a donation in the amount of $3,833.52 from
the Veterans Council of Collier County, Inc. and establish a separate trust
fund to account for all donations and expenses associated with the
Freedom Memorial proj ect
Approved - 5/0
Moved from Item #16E2 (to remain on Consent)
R. Report and Ratify Staff-Approved Change Orders and Changes to Work
Orders to Board-Approved Contracts
S. Funding for restoration and exhibit development at the Naples Depot
Approved -5/0
Moved from Item #16Gl
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September 13, 2005
T. This item to be heard after 4:00 p.m. Recommendation that the Collier
County Community Redevelopment Agency (now acting as the Board of
County Commissioners) approve award of contract 05-3801 "Consulting
Services for Preparation of a Revised Immokalee Area Master Plan and
Rural LDC (Land Development Code)" (Companion to Board of
County Commissioners approval of contract under item #16A35)
Approved 5/0
Moved from Item #16A29
U. Recommendation to approve an Intergovernmental Inspection Agreement
between Collier County and the Ave Maria Stewardship Community
District
Approved - 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bob Murray's discussion on the acquisition of Caribbean Gardens
12. COUNTY ATTORNEY'S REPORT
A. Recommendation Pursuant to Collier County Resolution No. 95-632 that
the Board of County Commissioners Consider and Approve Provision of
Legal Defense and Payment of Legal Expense of Fred W. Coyle and
James V. Mudd, a Commissioner and County Employee, Respectively,
Named Individually as Defendants in the Complaint Styled William S.
Litsinger v. Collier County Board of Commissioners, Fred W. Coyle,
Individually, and James V. Mudd, Individually, Case No. 2:05-cv-404-
FtM-33DNF in the United States District Court for the Middle District of
Florida, Fort Myers Division, and Waive the Purchasing Policy to the
extent it May Apply 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.
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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September 13, 2005
A. Discussion on cost of Caribbean Gardens; offer
Fleishmann family 56.12 million for the property - Approved - 5/0
B. Mr. Henning's discussion on the Commissioners' secured parking lot
C. Mr. Henning regarding an investigation of the Productivity
Committee
D. Mr. Halas's comments on the other County land acquisitions
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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 w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
1) Recommendation to approve final acceptance of water utility
facilities for "Whippoorwill Lane" Road Improvements.
W /release of the performance bond
2) Recommendation to approve for recording the final plat of "Trail
Ridge", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
3) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Islandwalk Phase
Six". The roadway and drainage improvements will be privately
maintained.
Resolution 2005-290 w/release of maintenance security
4) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Islandwalk Phase
Seven". The roadway and drainage improvements will be privately
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September 13, 2005
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maintained.
Resolution 2005-291 w/release of maintenance security
5) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Escada at
Tiburon". The roadway and drainage improvements will be
privately maintained.
Resolution 2005-292 w/release of maintenance security
6) Recommendation to approve for recording the final plat of
"Prestwick Place", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
W /stipulations
7) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Grey Oaks Unit
Fifteen". The roadway and drainage improvements will be privately
maintained.
Resolution 2005-293 w/release of maintenance security
8) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Islandwalk Phase
Three". The roadway and drainage improvements will be privately
maintained.
Resolution 2005-294 w/release of maintenance security
9) Recommendation to Approve Final Acceptance of Sewer Utility
Facilities For "Grey Oaks Unit 14".
W /stipulations
10) Recommendation to approve final acceptance of water and sewer
utility facilities for "Ibis Cove, Phase 2-C".
W /stipulations
11) Recommendation to approve final acceptance of water and sewer
utility facilities for "Escada at Tiburon".
W /stipulations
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September 13, 2005
12) Recommendation to approve final acceptance of water and sewer
utility facilities for "Terracina at the Vineyards".
W /stipulations
13) Recommendation to approve final acceptance of water utility
facilities for "Tiburon Golf Course" Maintenance Facility.
W /release of maintenance bond
14) Recommendation to approve for recording the final plat of
"Fiddlers Creek Phase Four, Unit Two", approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
15) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Mallards Landing
at Fiddlers Creek". The roadway and drainage improvements will
be privately maintained.
Resolutions 2005-295 w/release of maintenance security
16) Recommendation to approve an exception to the sidewalk
requirements in the "Glen Eden on the Bay" PUD and accept a
payment in lieu of the sidewalk installation.
17) Recommendation to approve an Agreement for Sale and Purchase
with Ross W. McIntosh, as Trustee, for 4.95 acres under the
Conservation Collier Land Acquisition Program, and 1.826 acres
for Transportation Right-of-Way, at a cost not to exceed $844,000.
As Detailed in the Executive Summary
18) Recommendation to approve final acceptance of water and sewer
utility facilities for "Clermont at Pelican Marsh, Phase Two".
W /release of Utilities Performance Security
19) Recommendation to approve final acceptance of water and sewer
utility facilities for "Clermont at Pelican Marsh".
W/release of Utilities Performance Security
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September 13, 2005
20) Recommendation to approve final acceptance of water and sewer
utility facilities for "Fiddlers Creek, Phase 2-A, Unit 2".
W /stipulations
21) Recommendation to approve final acceptance of water and sewer
utility facilities for "Fiddlers Creek at Deer Crossing".
W /release of Utilities Performance Security
22) Recommendation to approve final acceptance of water and sewer
utility facilities for "Isla Del Sol at Fiddler's Creek".
W /stipulations
23) Recommendation to approve final acceptance of water and sewer
utility facilities for "Fiddlers Creek at Mallards Landing".
W /stipulations
24) Recommendation to approve for recording the final plat of
"Valencia Lakes Phase 6-A", approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
25) Recommendation to approve for recording the final plat of
"Valencia Lakes Phase 7-B", approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
26) Recommendation to grant final approval of the roadway (private)
and drainage improvements for the final plat of "Olde Cypress,
Unit Two". The roadway and drainage improvements will be
privately maintained.
Resolution 2005-296 w/release of maintenance security
27) Recommendation to approve for recording the final plat of Orange
Blossom Ranch Phase 1 A, approval of the standard form
Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
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September 13, 2005
28) Recommendation to approve for recording the final plat of
"Reflection Lakes at Naples Phase lC", approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
Moved to Item #10U
29) Recommendation to approve an Intergovernmental Inspection
Agreement between Collier County and the Ave Maria Stewardship
Community District.
30) Recommendation to authorize the County Manager, or his
designee, to submit a grant proposal to the Florida Department of
Environmental Protection Bureau of Invasive Plant Management
(BIPM) for contractor services to remove invasive exotic
vegetation within Conservation Collier property adjacent to
Rookery Bay National Estuarine Research Reserve (NERR).
31) Recommendation to approve the Release and Satisfactions of Lien
for payments received for the following Code Enforcement actions;
Pastoor Properties of Collier County, LLC, CEB 2005-15; John Lee
Arnold & Dean A. Arnold Trustees, CEB 2005-14; Martin & Holly
Walsh, CEB 2004-33; Gopal Motwani, CEB 2003-34; Manuel &
Miriam Rosa, CEB 2003-19; Nancy Mills, Mary Maxwell &
Vanessa M. Uzupes, Resolution 96-520, 2002-195, 92-23, 96-169,
95-406; H. Javier & Sherry L. Castano, Resolution 2002-171; GJ
Byrne, Resolution 96-244 & 99-19; Lawrence K. Joyce Est.,
Wallace L. Joyce, H. Lawrence, John J. Hubbard, Barbara J.
Larson, Patricia J. Haroskewicz, Judith J. Corso, Lauren Joyce &
Richard Berman, Resolution 2001-323, 2002-173, 2003-285, 96-
321,99-102,2002-447,91-490, ; Silas Bacon, Resolution 94-195,
91-401; Silas Bacon, Jr., Resolution 2002-67; Perseco Corporation,
Empire Development of Southwest Florida, LLC, & KKCM Group,
LLC, Resolution 2004-130; Capitolis Auslandische, Resolution 96-
49; Horse Creek Partners LTD, Resolution 2002-175.
32) Recommendation to approve Resolutions and Legal Notice(s) of
Assessment of Lien against those properties in violation of
Ordinance 99-51 for the direct costs incurred by Collier County for
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September 13, 2005
the abatement of certain nuisances.
Resolution 2005-297 thru Resolution 2005-307
33) Recommendation to approve for recording the final plat of "Verona
Pointe", approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security
W /stipulations
34) Recommendation to reconsider the Conservation Collier Active
Acquisition List regarding the Winchester Head project and to
discontinue buying property in the Winchester Head project for 90
days.
Due to rising property values
Moved to Item #10P
35) Recommendation that the Board of County Commissioners approve
award of contract 05-3801 Consulting Services for Preparation of a
Revised Immokalee Area Master Plan and Rural LDC (Land
Development Code) (Companion to Community Redevelopment
Agency (CRA) approval of contract under 16 G 1)
36) Recommendation to approve Collier Countys Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and Emergency Shelter Grant (ESG) Consolidated Annual
Performance and Evaluation Report (CAPER) for Fiscal Year
2004-2005 as required by the U.S. Department of Housing and
Urban Development (HUD), and authorize the Chairman of the
Board of County Commissioners to certify the CAPER for
submission to HUD.
Resolution 2005-308
37) Recommendation to approve for recording the final plat of
"Reflection Lakes at Naples Phase ID", approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
38) Recommendation to approve for recording the final plat of
"Fiddlers Creek Phase 3, Unit Four", approval of the standard form
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September 13, 2005
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Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
39) Recommendation that the Board of County Commissioners of
Collier County, Florida approve an agreement between Collier
County and the Economic Development Council of Collier County
(EDC) for continuation of the Economic Diversification Program
by providing a contribution to the EDC of up to $400,000 for Fiscal
Year 2006, and authorizing the Chairman of the Board of County
Commissioners to sign the agreement on behalf of Collier County
To promote economic development initiatives that diversify the
County's economy, create high-wage value-added jobs and
enable all county residents to have opportunity for upward
mobility
Moved to Item #10N (to remain on Consent)
40) Recommendation to approve two Budget Amendments transferring
funds from the Affordable Housing Trust Fund to the Marco
Affordable Housing Fund for the purpose of separating SHIP Funds
and Inter-local Agreement Funds; recognizing additional carry-
forward in the Affordable Housing Trust Fund; and recognizing FY
05 Affordable Housing revenue within Fund.
B. TRANSPORTATION SERVICES
1) Recommendation to approve the installation and operation of a
traffic signal at the intersection of Airport Pulling Road and Estuary
Drive, at an annual maintenance cost of approximately $3,500.
As Detailed in the Executive Summary
2) Recommendation to authorize submittal of County Incentive Grant
(CIGP) applications for 1.) Interstate 75/ Immokalee Road
interchange improvement construction ($7 million); 2.)
Reimbursement for 50% of local funding used to advance SR 82
PD&E Study ($500,000); and 3.) Santa Barbara six-laning
construction funding (maximum 35% match for non-State
highways) for the segment between Golden Gate Parkway and
Davis Boulevard. ($13.6 million)
To improve transportation facilities located on the State
Highway System
Page 18
September 13, 2005
3) Recommendation to award Bid #05-3796, Traffic Sign Materials
and Related Items to multiple vendors on a category basis.
($150,000)
To supply necessary signs and sign components to properly
maintain and repair roadway sign age
4) Recommendation to award Bid #05-3860, Installation and
Maintenance of Roadway Lighting, Fixed Term Contract, to Kent
Technologies, Inc. ($191,200)
To provide the services and materials necessary to properly
repair, maintain and install roadway lighting facilities
5) Recommendation to award Bid #05-3858 Installation and
Maintenance of Traffic Signals, to Kent Technologies, Inc. and
Mid-Continent Electric, Inc. ($162,800)
To provide the services and materials necessary to properly
repair, maintain and install traffic signals
6) Recommendation to award Bid #05-3844, US 41 North Roadway
Lighting from Pine Ridge Road to Myrtle Road, to Kent
Technologies, Inc. Project 60007 ($462,131.79).
To provide roadway lighting on US 41 N
7) Recommendation to approve the purchase of Parcel Nos. 131,531,
731,931,132,732, 133A, 133B and 733 required for the
construction of the six-laning of Collier Boulevard (CR 951) from
Golden Gate Boulevard to Immokalee Road. (Project No. 65061,
Capital Improvement Element No. 37). Fiscal Impact: $975,916.59.
As Detailed in the Executive Summary
8) Recommendation to approve the Agreement for Haldeman Creek
Disposal with Lakeview Drive of Naples, LCC, a Florida Limited
Company.
9) Recommendation to approve three Drainage Easement and
Maintenance Agreements between Roberto BoUt, Trustee, Valencia
Lakes at Orangetree Homeowner's Association, Inc., and Collier
County, for the purpose of assigning maintenance responsibilities
among the parties.
Page 19
September 13, 2005
To be in compliance with the overall plan for the water
management system for the community
10) Recommendation to approve an Agreement for Replacement of
Access and Parking associated with the six-laning of Collier
Boulevard (CR 951) from Golden Gate Boulevard to Immokalee
Road. (Project No. 65061, Capital Improvement Element No. 37).
Fiscal Impact: $5,000.00
To avoid having to relocate the existing AT & T fiber-optic
regeneration facilities
11) Recommendation for BCC approval ofFY 2005/06 MPO
Operating Budget amendment, to re-allocate $90,000 from staff
salary and related expenses to consultant services.
C. PUBLIC UTILITIES
1) Recommendation to convey a Utility Easement and an Access
Easement to the Water-Sewer District for ten public water supply
well sites, associated pipelines, and access on property owned by
Collier County within the Henderson Creek Canal corridor at an
estimated cost not to exceed $185.00, Project 708921.
As Detailed in the Executive Summary
2) Recommendation to convey a Utility and Access Easement to the
Water-Sewer District for the construction and maintenance of water
transmission mains on property owned by Collier County within the
Henderson Creek Canal corridor at an estimated cost not to exceed
$153.00, Projects 701511 and 701521.
As Detailed in the Executive Summary
3) Recommendation that the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, terminate the Grand Bay Condominium Inc. Customer
Billing Agreement, and authorize the County Manager or his
designee, to provide ninety (90) days written notice of the
termination.
As Detailed in the Executive Summary
Page 20
September 13, 2005
4) Recommendation that the Board of County Commissioners, Ex-
Officio the Governing Board of the Collier County Water-Sewer
District, terminate the Cocobay Condominium Inc. Customer
Billing Agreement, and authorize the County Manager or his
designee, to provide a required ninety (90) day written notice of the
termination.
As Detailed in the Executive Summary
5) Approval of a Third Amendment to Lease Agreement with the City
Of Naples Airport Authority to extend the Lease term for the
Naples Transfer Station Property at a first year annual rent of
$39,556.
To extend the land lease for two additional years
6) Recommendation to apply to the Florida Department of
Environmental Protection for a 2006 Section 319 Grant towards the
Holistic Approach to the Reduction of Non-Point Source Pollution
in the amount of$116,000.
To provide assistance to implement projects that reduce non-
point source pollution
7) Recommend approval of short-listed firm and award of contract to
de la Parte & Gilbert, P.A. for RFP #05-3792 Fixed Term Utility
Specialized Legal Services in the estimated annual amount of
$200,000.
To retain legal services to assist the County in specialized areas
of Florida water law
8) Recommendation to approve funds not to exceed $2,500.00 for a
public event to commemorate the final completion and
commissioning of the South County Water Reclamation Facility
16-MGD Expansion Project, Project 73949.
Resolution 2005-309
9) Recommendation to approve the after-the-fact submittal of the
attached Alternative Water Supply grant application under Senate
Bill 444 to the South Florida Water Management District for each
project in Public Utilities Engineering Divisions Construction
Capital Alternative Water Supply Program.
Page 21
September 13, 2005
To provide grant money through the water management
districts
10) Recommendation to approve a Budget Amendment to transfer
funds in the amount of $349,000 to cover unanticipated personal
service and operating expenses incurred by six Wastewater
Department Cost Centers. ($299,000 from the Collier County
Water-Sewer District Operating Fund (408) Reserves for
Contingencies, and $50,000 from the Personal Services Budgets of
the North County Water Reclamation Facility and the South County
Water Reclamation Facility).
To cover unanticipated personal services and operating
expenses
11) Recommendation to approve Budget Amendment to transfer funds
in the amount of$50,000 from Project 725061, North County
Water Reclamation Facility (NCWRF), Renew Sludge Pump
Rooms and $50,000.00 from Project 725112, NCWRF Repair and
Replacement (R&R) Oxidation Ditch to a new Project 739661,
NCWRF Bleach System Reliability Upgrades.
To enhance the reliability and safety of the chlorine bleach
system
D. PUBLIC SERVICES
1) Recommendation to authorize the Chairman to sign the Grant
Agreement for Collier County Library Public Library Construction
Project Number 06-PLC-04, permitting the Collier County Public
Library to receive $500,000 awarded by Grant to enlarge the
Golden Gate Branch Library.
2) Recommendation to accept donated funds in the amount of$52.04
and approve a budget amendment recognizing the revenue and
appropriating funds for East Naples Community Park.
To enhance recreation programs through private contributions
3) Recommendation to accept the Library Long Range and
Technology Plans and the current year Action Plan and authorize
the Chairman to sign the FY 2005-2006 State Aid to Libraries
Grant Application permitting the Collier County Public Library to
Page 22
September 13, 2005
apply for State Aid to Libraries.
4) Recommendation to approve a budget amendment recognizing
$35,000 in revenue from the sale of fuel and merchandise at
Caxambas Park and appropriating funds for purchase of additional
merchandise for resale
To sell fuel and supplies to the patrons of Caxambas Park
Marina
5) Recommendation to award bid #05-3856 for printing of the
Recreation Guide to Sunbelt, Inc. at an estimated cost of $50,000
To promote Parks and Recreation programming
6) Recommendation to award Bid No. 05-3863 Golden Gate Park
Maintenance Building to Bradanna, Inc. in the amount of $319,600
To maintain beautiful and safe park facilities
7) Recommendation to accept donated funds in the amount of
$2,545.69 and approve a budget amendment recognizing the
revenue and appropriating funds for Vineyards Community Park.
To enhance recreation programs through private contributions
8) Recommendation to authorize purchase of park maintenance
equipment in the amount of$281,925.24 from Wesco Turf Supply,
Inc. and Disbrow Enterprises, Inc.
To maintain beautiful and safe park facilities
Moved to Item #10Q
9) Recommendation to accept a donation in the amount of$3,833.52
from the Veterans Council of Collier County, Inc. and establish a
separate trust fund to account for all donations and expenses
associated with the Freedom Memorial project
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve and execute a Lease Agreement with
State Representative Mike Davis for use of office space at the
Government Center for $10 annually.
Resolution 2005-310
Page 23
September 13, 2005
,.__...... ,,_,~__.__,____".__,..._.,.___..___N
Moved to Item #10R (to remain on Consent)
2) Report and Ratify S taff- Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts
3) Recommendation to approve an addendum to the existing Sprint
regulated services master agreement (initial estimated annual value
$51,900).
To procure Ethernet and other data services that were not
available at the time the agreement was approved
F. COUNTY MANAGER
1) Summary of Consent and Emergency Agenda Items approved by
the County Manager during the Board's scheduled recess. Per
Resolution Number 2000-149, "Approval of this Agreement by the
County Manager is subject to formal ratification by the Board of
County Commissioners. If the decision by the County Manager is
not ratified by that Board, this Agreement shall be enforceable
against Collier County only to the extent authorized by law in the
absence of such ratification of that Board." (20 items)
a) Recommendation to Approve Amendment No.1 to Work
Order No. 04-3598; Professional Engineering Services for
Capacity, Management, Operations and Maintenance Staff
Optimization Assessment for Collier County Wastewater
Systems, Project 72517 in the amount of $22,000.00 and
extension of contract completion.
b) Recommendation to award Bid #05-3834 "Recycling Fitness
Walk" to Bright River Sales and Caple Landscape
Management for the construction of an Innovative Recycling
Fitness Walk at Eagle Lakes Park in the amount of $46,243.
c) Recommendation to approve a landscape installation and
maintenance agreement between Estuary at Grey Oaks
Property Association and Collier County for landscaping
within the right-of-way on Golden Gate Parkway.
d) Approval of Budget Amendment 05-484
Page 24
September 13, 2005
e) Recommendation to approve an amendment to work order
number PHA-FT-03-02 assigned to Pitman-Hartenstein &
Associates, Inc. to include CEI services overseeing
construction of the second segment of the Immokalee Fifth
Street Stormwater Improvement Project (project number
51725) in the amount of $33,763 increasing the total work
order amount from $121,330 to $155,093.
f) Report and Ratify Staff-Approved Change Orders and
Changes to Work Orders to Board-Approved Contracts.
g) To minimize the cost of issuance for all County bonds
transactions by participating in the Preferred Pricing Program
(40% discount) offered by Moody's Investors Service.
h) Recommendation for the Board of County Commissioners to
approve a budget amendment to transfer funds in the amount
of$2,405.01 from the General Fund (001) into the
Transportation Disadvantaged Fund (126) for the sale of
surplus vehicles.
i) Recommend Approval of Work Order # HM-FT-05-06 to
Contract #01-3271 with Humiston & Moore for Hideaway
Beach Post Construction Surveys, Initial Post Construction
Monitoring Survey, Record Drawings and Final Certification
Project 90502 for the amount of $77,633, and approve a
Budget Amendment of $250,000 for the Humiston and
Moore post construction work.
j) Approval of budget amendments 05-509
k) To provide funding for restoration and exhibit development
at the Naples Depot.
I) Recommendation to award Bid No. 05-3878 Eagle Lakes
Community Park Phase II Interactive Water Feature to
Bradanna, Inc. in the amount of $264,946.
m) Recommendation to approve two Work Orders under
Contract #00-3119, Fixed Term Contract for Professional
Page 25
September 13, 2005
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Utilities Engineering Services, with Greeley & Hansen LLC
for the 2005 Water and Wastewater Master Plans Updates,
and include funding for Rate and Impact Fee Studies, Project
Numbers 70070, 75007, and 73066, in the total amount of
$345,106; and four Budget Amendments in the total amount
of $345, I 06.
n) Recommendation to approve a Budget Amendment
transferring a total amount of$111,923.53 into two (2)
ongoing Stormwater projects; $15,000.00 for the County
Wide Swale Improvements (Project No. 510071) and
$96,923.53 for the Wiggins Pass Outfall project (Project No.
512122).
0) Recommendation for the Board of County Commissioners to
approve a budget amendment to transfer funding from the
completed Goodlette Frank Road Project (PRR-VBR) 60134,
to the Goodlette Frank Road Project (GGPKWY-Pompei
Lane) 60005 Project in the amount of$I,300,000.
p) Recommendation to approve a Budget Amendment to
appropriate Building Maintenance Special Service and
Insurance Refund revenues totaling $78,000 and Security
Special Service revenues totaling $25,000 for reimbursement
of personal and operating expenses in Fiscal Year 2005.
q) Recommendation to approve the Release and Satisfaction of
Lien for the following Code Enforcement action; Color
Communications, Inc.; CEB 2004-64.
r) Recommendation to approve the use of transit enhancement
funds (313) to purchase a heavy-duty transit bus under
Florida Public Transportation AssociationlHarline contract
2003-07-01, trolley decal wrap and necessary equipment (in
the estimated amount of $286,500).
s) Recommendation to approve sole source purchase of
ResQPOD Circulatory Enhancer in the amount of
$35,600.00.
Page 26
September 13, 2005
t) That the Board Approve an Agreed Order and Authorize
Payment of Expert Fees in the Lawsuit Styled Collier County
v. GJR of Naples, Inc. et aI., Case No. 02-2212-CA,
Immokalee Road Project #60018). Fiscal Impact: $7,700.00).
2) Recommendation to approve First Amendment to the 2004/2005
Tourism Agreement Between Collier County and the City of
Naples Extending Agreement to September 30, 2006 for the Naples
Preserve Project for $50,000.
3) Recommendation to approve an Agreement between the Florida
Department of Community Affairs and Collier County accepting
$8,113 for the preparation of Hazards Analysis Reports for
facilities storing extremely hazardous substances within the County
and approve the Budget Amendment necessary to recognize and
appropriate $8,113 as revenue.
For the preparation of hazards analysis reports on 33 sites
within Collier County
4) Recommendation to approve and execute License Agreements with
Wal-Mart Stores, Inc., for use of its four Naples store' parking lots
for distribution of disaster relief supplies to the public.
To provide points of Distribution of relief supplies to the public
in the aftermath of a major disaster
5) Recommendation to Approve Resolution Requesting that the
Trustees of the Internal Improvement Fund Establish an Erosion
Control Line on the Gulf of Mexico Shoreline along Pelican Bay
and Northern Park Shore; Setting Forth Findings; and Providing for
an Effective Date
Resolution 2005-311
6) Recommendation to approve an Agreement between Collier County
and the City of Marco Island to provide fire protection and rescue
services to the unincorporated area of the County known as
Goodland at an annual cost of $102,415.
To commence on October 1, 2005 and end on September 30,
2007
Page 27
September 13, 2005
7) Authorize the Chairman to sign an Interlocal Agreement with the
Southwest Florida Workforce Development Board for continuation
of the Southwest Florida Job Training Consortium.
8) Recommendation to approve and transmit Senate Bill 444 Glitch
Amendments as provided by Collier County government staff to the
Collier County Legislative Delegation, the Florida Senate
Committee on Community Affairs and the Florida House
Committee on Growth Management, and the Florida Association of
Counties.
To provide funding for a new alternative water supply program
9) Recommendation to approve an application for the 2005
Emergency Notification Grant Program offered by Dialogic
Communications Corporation.
To ensure the safety and well-being of the County's Special
Needs population in times of disaster
10) Recommendation to approve Tigertail Beach Boardwalk Category
A Grant Application Amendment and Expenditure of $158,800.00
To improve the restrooms and dune walkover
11) Recommendation to approve an Agreement between Collier County
and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical
Examiner dba District Twenty Medical Examiner, Inc. to provide
medical examiner services for Fiscal Year 2006 at a cost of
$831,520.
Moved to Item #100
12) Recommend Approval of an Inlet Management Policy and Funding
Guidelines for Category A Tourist Development Taxes
13) Recommendation to approve two (2) Contractual Service
Agreements between Collier County and the East Naples and
Golden Gate Fire & Rescue Districts to provide fire protection and
rescue services within the Collier County Fire Control District at a
cost of$213,400.
To provide fire protection and rescue services to the residents
of the unincorporated areas of Collier County
Page 28
September 13, 2005
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14) Recommendation to approve and execute a License Agreement
with Wal-Mart Stores, Inc. for County employee parking.
To provide more convenient public parking during
construction of the second government parking garage
15) That the Board of County Commissioners adopt a debt management
policy for Collier County Government.
16) Recommendation to approve Modification #1 to Homeland
Security Grant Agreement #05DS-2N-09-21-01-022 between
Collier County and the Florida Department of Community Affairs.
(time extension)
To fund homeland security and emergency preparedness
programs and initiatives
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Moved to Item #10T
1) Recommendation that the Collier County Community
Redevelopment Agency approve award of contract 05-3801
"Consulting Services for Preparation of a Revised Immokalee Area
Master Plan and Rural LDC (Land Development Code)"
(Companion to Board of County Commissioners approval of
contract under 16A 35)
2) Recommend the Board approve that Fleet Management Dispose of
a 1988 Plymouth Reliant LE four-door sedan owned by the Collier
County Airport Authority.
3) Recommendation to approve the surplus sale bid S05-3620R of the
Collier County Airport Authority's County owned Cessna 182
Aircraft to the highest bidder, Rex Air LLC of Naples, for the
amount of$87,500.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Immokalee Chamber of Commerce
Page 29
September 13, 2005
~. ,····__·_'___,M~~..'.,,__
BBQ Dinner on October 1, 2005 and is requesting reimbursement
in the amount of$25.00, to be paid from his travel budget.
Located at 905 Roberts Avenue, Immokalee, Florida
2) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose: to attend the
NAACP Freedom Fund Banquet on October 15, 2005 in the
amount of$55.00, to be paid from Commissioner Coletta's travel
budget.
To be held at the Elks Lodge, 3950 Radio Road, Naples, Florida
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file for record with action as
directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Approve a budget amendment transferring $300,000 from reserves
to the Sheriffs in lieu of transfer account. (Facility expenses)
To pay increased costs of electricity and water and sewer
2) Request approval for the purchase of a 24 passenger secured
confinement prisoner transport vehicle for the Sheriffs Office from
available impact fee funds in the amount of $83,320.
To more efficiently streamline the process of transferring
inmates between the Naples and Immokalee jail facilities to
keep both the inmates and Deputies safe
K. COUNTY ATTORNEY
1) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 111 in the Lawsuit Styled
Collier County v. Norma E. Banas, et al., Case No. 02-5137-CA
(Immokalee Road Project #60018). (Fiscal Impact: $11,000.00)
2) Recommendation to Approve a Release of Temporary Driveway
Restoration Easements for Parcels 703A and 703B in the Pine
Ridge Road Improvement Project #60111. (Fiscal Impact: $27.00)
Page 30
September 13, 2005
3) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 187 in the Lawsuit Styled
Collier County v. Patrick J. Murphy, et al., Case No. 03-5270-CA
(Vanderbilt Beach Road Project #63051). (Fiscal Impact:
$17,950.00)
4) Recommendation to Approve an Agreed Order for Payment of
Expert Fees in Connection with Parcel 134 in the Lawsuit Styled
Collier County v. Terry L. Lichliter, et al., Case No. 03-2273-CA
(Golden Gate Parkway Project #60027). (Fiscal Impact: $2,800.00)
5) Recommendation to approve an Agreed Recommended Order of
the General Master on Respondents' amended motion to tax expert
witness fees in the lawsuit styled Collier County v. Jeffrey
Richardson, et al., Case No. 02-2188CA (Immokalee Rd Project
#60018). (Fiscal Impact $6,700)
6) Recommendation to approve Agreed Order Awarding Planning
Expert Fees & Costs in amount of$2,000 for Parcels 142, 742A,
742B, & 942 in the lawsuit styled Collier County v. Parkway
Community Church of God, Case No. 03-2374-CA (Golden Gate
Pkwy Project 60027).
7) Recommendation to approve the Agreed Order Awarding Planning
Expert Fees & Costs in the amount of $2,000 for Parcels 141,841,
& 143 in the lawsuit styled Collier County v. Primera Iglesia
Cristiana Manantial De Vida, Inc., Case No. 03-2372-CA (Golden
Gate Parkway Project 60027).
8) Recommend that the Board Authorize the Extension of the Tax
Roll Before Completion of the Value Adjustment Board Hearings
Pursuant to Section 197.323, F.S., and Tax Collector's Request.
During the period of October 14 through November 15, 2005
9) 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 $750,000.00 for the Acquisition of Parcels 106
and 806 in the Lawsuit Styled Collier County v. Tree Plateau Co.,
Inc., et a!., Case No. 03-0519-CA (Immokalee Road Project
Page 31
September 13, 2005
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---"...,""""'''~--,,-"'>.,,'~".. ,
#60018) (Fiscal Impact: $335,575.00.)
As Detailed in the Executive Summary
10) Recommendation that the Board of County Commissioners
Approve the Stipulated Final Judgment Relative to the Acquisition
of Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et
al., Immokalee Road, Project #60018. (Fiscal Impact: $10,206.00)
11) Recommendation to Approve a Stipulated Final Judgment as to
Parcels 178A and 178B in the Amount of $258,000.00 in the
Lawsuit Styled Collier County v. Roberto Bollt, Successor Trustee
of the Land Trust Agreement dated 1/26/86, et at., Case No. 02-
2217-CA (Immokalee Road Project No. 60018). (Fiscal Impact:
$93,550.00)
12) Recommendation to approve the Mediated Settlement Agreement
in the amount of $115,000 for Respondent, Louise V. Taylor,
Trustee, Parcel No. 156 in the lawsuit styled Collier County v. Andy
Morgan, et at., Case No. 02-5169-CA (Immokalee Rd Project
60018). (Fiscal Impact $45,246.20)
13) Request that the Board of County Commissioners Authorize Collier
County to Execute a "Partial Termination of Easement" and a
"Release of Easement Rights" that are of no use to the County or to
the Collier County Water-Sewer District, but encumber partnership
property to the East and Southeast.
14) Recommendation to award RFP 05-3847 to Marianne Kantor to
provide Attorney Special Magistrate services to the Collier County
Value Adjustment Board. Cost is anticipated not to exceed $5,000
per annual hearing session.
To provide the taxpayers of Collier County a venue to appeal
property taxes levied on their property
15) Recommendation to award RFP 05-3848 and approve contracts
with Stephen A. Cunningham, South Florida Services, Inc., Cecil L.
Neff & Associates, Inc., and Machinery Capital Assets to provide
Appraiser Special Magistrate services to the Collier County Value
Adjustment Board. Aggregate cost anticipated not to exceed
$15,000 per the 2005 V AB season.
Page 32
September 13, 2005
-~"."~..._--~-
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To provide the taxpayers of Collier County a venue to appeal
property taxes levied on their property
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE
COLLIER COUNTY PLANNING COMMISSION OR OTHER
AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND
VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM
RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING
COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD,
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON
WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO
THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN
NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. An ordinance which regulates and controls litter, weeds, and exotics
within the unincorporated area of Collier County.
Ordinance 2005-44
Continued to September 27, 2005
B. To obtain Board of County Commissioner approval to repeal and replace
the Ordinance establishing the Code Enforcement Board and the Nuisance
Abatement Board.
C. Recommendation to adopt a Resolution revising the Collier County
Water-Sewer District Utilities Standards Manual.
Resolution 2005-312
D. Recommendation to approve the first amendment to the cable franchise
agreement that retroactively approves the renewal of a cable television
franchise for Marco Island Cable, Incorporated.
As Detailed in the Executive Summary
E. Recommendation to adopt resolutions approving the preliminary
assessment as the final assessment rolls and adopting same as the non-ad
valorem assessment rolls for purposes of utilizing the uniform method of
collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste
Page 33
September 13, 2005
-,- '-""'--~'-""-'"'---"''''-~'--''--_.-~,,-_.__.,"_._,~...-
Districts No.1 and No.2, Municipal Service Benefit Units Special
Assessment levied against certain residential properties within the
unincorporated area of Collier County pursuant to Collier County
Ordinance 90-30, as amended. Revenues are anticipated to be
$14,051,400.
Resolution 2005-313 & Resolution 2005-314
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA
SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 34
September 13, 2005
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