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Recap 09/27/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 27, 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 VERBA TIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 September 27, 2005 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 A. Reverend Paul Getter, Faith Apostolic 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. August 25, 2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 C. August 27, 2005 - BCC/Hurricane Katrina Emergency Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Nancy Frye, Traffic Operations 2) Erin Hall, Transportation Road Maintenance Presented B. 30 Year Attendees 1) Denise Blanton, University Extension Services 2) Murdo Smith, Parks and Recreation Page 2 September 27,2005 3) Edward Torroni, Parks and Recreation Presented 4. PROCLAMATIONS A. Proclamation designating September 27, 2005, as Collier County WWII Veterans' Day. To be accepted by Gary Shanabarger, Commandant, Senior Marine of the Marine Corps League of Naples; Jim Elson, Veterans Council of Collier County; Peter Kraley, Veteran Services Department and Jack Hild, 14th Air Force-Flying Tigers World War II Veteran. Adopted - 5/0 B. Proclamation expressing appreciation for Mr. William Suckow's work as a Master Gardner. To be accepted by William Suckow, Master Gardner. Adopted - 5/0 c. Proclamation designating September 15,2005, as Sheri Bennett Day. To be accepted by Sheri Bennett, Executive Director, Immokalee Multicultural Multipurpose Community Action Agency, Inc. Adopted - 5/0 D. Proclamation designating November 2005 as Celebrate the Arts Month in Collier County. To be accepted by Elaine Hamilton, Executive Director, United Arts Council of Collier County. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Roberta Reiss, Library Outreach Specialist, Public Services Division as Employee of the Month for August 2005. B. Recommendation to recognize Judy Johnson, Administrative Assistant, Public Utilities Division, as Employee of the Month for September 2005. c. Presentation of the 2005 Flagler Awards "The Henry" In Recognition of Outstanding Tourism Marketing -Television-Naples, Marco Island, Everglades Convention & Visitors Bureau - Presented by Jack Wert, Tourism Director. 6. PUBLIC PETITIONS Page 3 September 27, 2005 ~-'... A. Public Petition request by Bradley Cornell to discuss the Mirasol Drainage Project in the Cocohatchee/Corkscrew West Flowway. This Item to be brought back at a future BCC meeting Item 7 and 8 to be heard no sooner than 1 :00 11.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the September 13. 2005 BCC Meetine:. 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. Official interpretation upheld - Approved 3/2 (Commissioner Fiala and Commissioner Henning opposed); staff to bring back direction for alternatives and aesthetics relating to boat canopies - Consensus B. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. V A-2005-AR-7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30- foot setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO) district, to 21.1-feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. Continued to October 11, 2005 - Approved 4/1 (Commissioner Coletta out) Moved from Item #17 A C. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Page 4 September 27, 2005 -..,,----... Range 26 East, Collier County, Florida. Resolution 2005-341- Adopted w/ changes 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469 Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere of RW A, Inc., in requesting a rezone from the Rural Agricultural "A" zoning district to the Mixed Use Planned Unit Development "MPUD" zoning district to be known as Sonoma Oaks PUD, a mixed-use development consisting of a maximum of 112 residential dwelling units and 120,000 square feet of commercial uses located on approximately 37.5 acres, on the west side of Collier Boulevard, approximately 1/4 mile north of Vanderbilt Beach Road, Section 34, Township 48 south, Range 26 east Collier County, Florida. Motion failed - 3/2 (Commissioners Henning and Halas opposed) Resolution of Denial 2005-342 to be submitted B. Approval of an amendment to the existing Flood Ordinance of Collier County, Florida (Ordinance No. 86-28 as amended by Ordinance 87-80 and Ordinance 90-31) to repeal and replace certain sections, add new sections, adopt the new Flood Insurance Rate Maps prior to the Federal Emergency Management Agency's effective date of November 17,2005, and add provisions to improve the County's scoring in the Community Rating System of the National Flood Insurance Program. Ordinance 2005-51 -Adoption of the new Flood Insurance Rate Maps - Adopted 5/0; Flood Rate Scoring System to be discussed at the CCPC meeting of November 1, 2005 - Approved - 5/0 C. This item is beinf! continued to the October 11. 2005 BCC Meetinf!. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property Page 5 September 27, 2005 is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) Motion to continue to the October 11, 2005 BCC Meeting - Approved 4/0 (Commissioner Coletta Absent) D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2004- AR-6207 MAC Builders, Inc., represented by Tim Hancock, AICP, of Talon Management, Inc., requesting a rezone from the C-l and C-2 zoning districts to the PUD Planned Unit Development zoning district to allow a maximum of 86 multi-family dwelling units. The property, consisting of 10.76 acres, is located on the northwest corner of Radio Road extension and Palm Springs Boulevard, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Ordinance 2005-50 w/stipulations - Adopted - 4/1 (Commissioner Coletta opposed) E. This item to be heard at 11 :00 a.m. 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-l1 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 is to add provisions for PUD expiration and retirement of excess numbers of dwelling units. Ordinance 2005-49 -- Adopted w/changes 5/0 Moved from Item #17E F. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. Continued to October 11, 2005 BCC Meeting - Approved - 5/0 9. BOARD OF COUNTY COMMISSIONERS Page 6 September 27, 2005 A. Appointment of members to the Golden Gate Beautification Advisory Committee. Resolution 2005-338 - Re-Appointing Cheryle L. Newman and Patricia Spencer - Adopted w/waiver of term limit - 5/0 B. Appointment of members to the Collier County Planning Commission. Resolution 2005-339 - Re-Appointing Lindy Adelstein, Appointing, Russell Tuff, Re-Appointing Paul Midney- Adopted - 5/0 C. Appointment of members to the Workforce Development Board, Region 24. Resolution 2005-340 - Amy Garrard, Nina Velasco, Todd Hoffman and Ken O'Leary - Adopted - 5/0; BCC would like an update report presented to them Continued to the October 11, 2005 BCC Meeting D. The Annual Performance Appraisal for the County Attorney. E. This Item to be heard at 1 :00 p.m. Discuss the taking by Eminent Domain action of the land currently occupied by Caribbean Gardens and other surrounding lands that would serve a public purpose. Provide guidance to staff. (Commissioner Coyle) Motion made to bond up to $40 million and let the Trust For Public Lands make an offer of $59,913,333.00 for the property - Approved - 5/0 F. This item to be heard at 10:00 a.m. Discussion of the RFP and subsequent contract for the proposed expansion facility at the Golden Gate Library. (Commissioner Henning) To be brought back to a future BCC Meeting with staff's recommendations, without any compromise to funding to all other libraries - Approved - 4/1 (Commissioner Halas opposed) 10. COUNTY MANAGER'S REPORT A. This item continued from the September 13. 2005 BCC Meetine:. 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) Page 7 September 27, 2005 "-.--.-'~---.-'.".- Approved w/stipulations - 3/2 (Commissioner Henning & Commissioner Coyle opposed) B. Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Continued to the October 11, 2005 BCC Meeting - Approved 5/0 Continued to the October 11, 2005 BCC Meeting C. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Norman Feder, Administrator, Transportation Services) D. This item to be heard at 4:00 p.m. Recommendation to (1) consider three lobbying firms, as reviewed by a staff selection committee, that responded to RFP 05-3883 for Professional State Lobbyist Services; (2) choose one of the finalists to represent Collier County; and (3) authorize the County Manager to negotiate a contract with the selected firm. (Debbie Wight, Assistant to the County Manager) Appoint J. Keith Arnold & Associates - Approved 4/1 (Commissioner Henning opposed) Continued to the October 11, 2005 BCC Meeting E. Review and approve the FY 2006 Annual Work Plan for the County Manager. F. Recommendation that the Board approve and authorize the Chairman to execute an Agreement with McDonald Transit Associates, Inc. to provide consolidated management for the Collier Area Transit and the Paratransit Systems not to exceed $4,885,162.00 (Norman Feder, Administrator, Transportation Services) Approved - 5/0 Moved from Item #16Kll G. Recommendation that the Board of County Commissioners Approve a Page 8 September 27, 2005 Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. To Be continued to the October 11, 2005 - Approved 5/0 Moved from Item #16El H. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. To be continued to the October 11, 2005 - Approved 5/0 Moved from Item #16B2 I. Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. Approved - 5/0 Moved from Item #1611- Dl J. Memo from Commissioner Henning to Jim Mudd, County Manager, regarding Golden Gate Library dated September 19,2005 with attachments Motion to remove Item 16II-Dl- Approved 4/1 (Commissioner Henning opposed); Memo will be filed in the Board of County Commissioners office per Sue Filson 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Adopt a Resolution to Initiate Negotiation Proceedings With the South Florida Water Management District and the State of Florida Division of Lands Pursuant to Florida Statutes, Chapter 164. Resolution 2005-343 - Adopted 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 3:30 p.m. Consideration of a request for LDC Page 9 September 27, 2005 deviations for SoNa - SDP #7905, a redevelopment project within the Bayshore Gateway Triangle CRA. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd - To set up a CRA Joint workshop - Consensus B. Commissioner Henning - concerning Jim Mudd, County Manager's evaluation C. Commissioner Henning - Impact Fee Task Force Meeting D. Commissioner Coyle - Letter to County Manager for a workshop with the Sheriff's Department on salary schedules E. Commissioner Coletta - Dog available for adoption ------------------------------------------------------------------------------------------------------------ 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------------------------------ Approved and/or adopted with changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve final acceptance of water utility facilities for "Arthrex at Creekside". W/release of Utilities Performance Bond 2) Recommendation to approve final acceptance of water and sewer utility facilities for "Masters Reserve". W /reducing the Utilities Performance Bond 3) Recommendation to approve final acceptance of water and sewer utility facilities for "Classic Plantation Estates Phase One". W /reducing the Utilities Performance Bond 4) Recommendation to grant final approval of the roadway (public) and drainage improvements for the roadway segment Orange Blossom Drive from Airport Road to entrance of First Baptist Church/Bridgewater Bay. Resolution 2005-327 Page 10 September 27, 2005 5) Recommendation to approve for recording the final plat of 3500 Corporate Plaza, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 6) Recommendation to approve for recording the final plat of Professional Village at "Northbrooke", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 7) Recommendation to approve for recording the final plat of "Mediterra Parcel 117", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 8) Recommendation to approve for recording the final plat of "Mediterra Parcel 118", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W/stipulations 9) Recommendation to approve for recording the final plat of "IL Regalo Replat", approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 10) Recommendation to approve an addendum to the Oak Haven Apartments Agreement for Deferral of Collier County Impact Fees. As Detailed in the Executive Summary 11) Recommendation to approve a Budget Amendment to the 2004-2005 Community Development Block Grant (CDBG) budget for the purpose of recognizing additional entitlement funds received from the U.S. Department of Housing and Urban Development (HUD) in Fund 121. ($137,000) 12) Recommendation to approve the application by Salazar Machine and Page 11 September 27, 2005 Steel, Incorporated for the Job Creation Investment Program and the Fee Payment Assistance Program. ($146,000) To target high-wage companies that desire to relocate or expand within the areas of Collier County 13) Recommendation to adopt a resolution approving assignment and change of control of the cable television franchise from Time Warner Cable, Inc. to MOC HOLDCO II, Inc., an indirect wholly subsidiary of Comcast Cable Communications Holdings, Inc., pursuant to a redemption agreement among the parties. (The voluminous filing contains over 5000 pages, the full filing was not included in the Board's printed agenda packet. A digital version is available for viewing in the County Manager's Office, 3301 East Tamiami Trail, Naples as well as Community Development, 2800 North Horseshoe Drive, Naples) Resolution 2005-328 14) Recommendation to approve for recording the final plat of Summit Place in Naples, Phase III, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve three (3) Adopt-A-Road Program Agreements with (2) new roadway recognition signs at a total cost of $150.00. The other signs already exist. Copeland Civic Association, Jose Marti Educational Foundation and Quail Communities Realty Moved to Item #101 2) Recommendation to approve a First Amendment to Lease Agreement with Maureen Moran, Inc. For leased space located under the Goodland Bridge 3) Recommendation to approve, sign and execute an agreement with the State of Florida to participate in the Unified Certification Program (UCP). In order to receive Federal Transit Administration Grant funds Page 12 September 27, 2005 for the transit system 4) Recommendation to approve the use of transportation disadvantaged funds (427) to purchase a para-transit bus in the amount of$80,253 under State contract #FVPP-05-CA-4. To purchase a para-transit bus utilizing transportation disadvantaged fund 5) Recommendation to approve the purchase of Parcel Nos. 148A and 148C 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: $20,300.00. As Detailed in the Executive Summary 6) Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing revenue received from the South Florida Water Management District under an agreement for a Countywide GPS Network in the amount of $60,000. To install, operate and maintain a Countywide GPS Network 7) Recommendation to award Bid No. 05-3861 - "Purchase of lime rock and fill material, fixed term contract" for the estimated annual amount of $500,000 to Apac Inc., Orangetree Mine, Florida Rock Industries, Inc. For use in grading and rebuilding limerock roadways and shoulder repair on all County and State roadways 8) Recommendation to award Bid #05-3874 Golden Gate Blvd. and 13th Street Landscape Maintenance to Advance Lawn and Landscaping Services, Inc. in the amount of $67,629.80. (Project #630413) 9) Recommendation to approve the purchase of Parcel No. 148B 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: $10,700.00 As Detailed in the Executive Summary 10) Recommendation to award Collier County Bid No 05-3855 - Purchase Page 13 September 27, 2005 "."._---"'-"" -..,--.-..--"..--- and Delivery of Fungicides, Herbicides and Insecticides to the following bidders: 1 )Helena Chemical Company (Primary), and 2)Pro Source One (Secondary). ($200,000) 11) Recommendation to authorize staff to approve one (1) Work Order for Bonness, Inc. for Construction of Golden Gate Beautification MSTU Sunshine Boulevard Landscape Improvements Project (Contract #05- 3773 'Annual Contract for Roadways Contractors') for a base amount of $301,691.31 and contingency of $16,848.82 for a total of $318,540.13. For the curbing and accent lighting for Sunshine Boulevard 12) Recommendation to approve budget amendments in the amount of $300,000 for Port of the Isles community where $300,000.00 will be reimbursed through the Florida Department of Transportation (FDOT) Federal Enhancement program. Resolution 2005-329 13) Recommendation for the Board of County Commissioners to approve a budget amendment to recognize additional revenue for the Collier County Transportation Pathways Program Project No. 69081 in the amount of$70,302.77. As Detailed in the Executive Summary 14) Recommendation to accept a Quitclaim Deed for local streets in Pelican Bay. For various rights-of-way that had been dedicated to the County on plats C. PUBLIC UTILITIES 1) Recommendation to award Bid #05-3740R to Ferguson Enterprises, Incorporated and Hughes Supply, Incorporated for purchase of backflow prevention assemblies and associated materials in the amount of $300,000. For use in the water distribution system 2) Recommendation to award Work Order number UC-117 to Kyle Construction, Inc. in the amount of$375,580.00 for construction of the extension of the Water Main on White Lake Boulevard, Project Page 14 September 27, 2005 59005. To enhance Solid Waste operations by supplying potable water to existing and proposed Landfill Facilities 3) Recommendation to approve the Satisfactions of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $30.00 to record the Satisfactions of Lien. 4) 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-330 5) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2005-331 6) 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 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-332 7) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2005-333 8) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Page 15 September 27, 2005 Fiscal impact is $58.50 to record the Satisfactions of Lien. Resolution 2005-334 9) Recommend BCC approve the annual rate resolution to set landfill tipping fees, recycling center fees, residential annual assessments and commercial waste collection fees for FY 2005/2006. Total fees budgeted to be collected from rates approved with this resolution are included in the FY 2006 budgets for solid waste disposal ((Fund 470) and mandatory trash collection (fund 473). Resolution 2005-335 10) Recommendation to approve an eight (8) month extension, through May 9, 2006, for the existing Deep Injection Well Construction Contract 01-3193 with Youngquist Brothers, Inc. To construct, repair, and maintain the County's deep injection wells 11) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $18.50 to record the Satisfaction of Lien. 12) Recommendation to approve a Budget Amendment to transfer funds in the amount of $200,000 from project 725101, the North County Water Reclamation Facility (NCWRF) Process Control Building Expansion to project 725091, the South County Water Reclamation Facility (SCWRF) Process Control Building Expansion. To complete construction for expanding and modernizing the existing process control building at the SCWRF to accommodate the technical needs imposed by the new plant expansion 13) Recommendation to approve a "Consent to Encroachment" for utility easements lying within Summerwind Apartments, Phase I and Phase II. For water lines to provide service to the development 14) Recommendation to award Contract 05-3785 "Fixed Term Utility Engineering Services" to thirteen (13) firms. As Detailed in the Executive Summary D. PUBLIC SERVICES Page 16 September 27, 2005 ..--..---'-"" 1) Recommendation to approve the FY 06 Agreement with the David Lawrence Center, Inc. for $989,100 To support behavioral health and substance abuse programs 2) Recommendation that the Board of County Commissioners sign an agreement with the Agency for Health Care Administration for participation in the Upper Payment Limit Program for services provided on behalf of the Human Services Department, County Health Department, and David Lawrence Center to generate an additional $481,100 in federal matching funds. To provide enhanced services to low-income individuals 3) Recommendation to approve the attached budget amendments recognizing a $68,000 donation from the Marco Island Chapter, Friends of the Library, and transferring $200,000 from Library Trust Fund (612) to Library Capital Fund (307) for the construction of Rose Hall at Marco Island Branch Library. 4) Recommendation to adopt a Resolution amending parts of Article IV of the Collier County Parks and Recreation Department Facilities and Outdoor Areas License and Fee Policy. Resolution 2005-336 5) Recommendation to approve a budget amendment recognizing revenue in the amount of $38,706 from an insurance payment covering damage to the shade structure at Sugden Regional Park ski area. To repair a shade structure at Sugden Regional Park Amphitheatre that was damaged during a storm E. ADMINISTRATIVE SERVICES Moved to Item #10H 1) Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Page 17 September 27, 2005 _._~'---' 2) Recommendation that the Board of Commissioners waive the Purchasing Policy as allowed under Section VII.G. of the policy and approve a retention agreement with the law firm of Langston, Hess, Bolton, Shepard, & Augustine P.A. and the law firm of Kelley, Stiffler, & Thomas PLLC, to defend certain Workers Compensation litigation cases on behalf of the County and the County's excess . . msurance carrIers. As Detailed in the Executive Summary 3) Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the third quarter of FY 05. To settle certain damages claims against Collier County and to authorize the payment of investigation and adjustment expenses 4) Recommendation to Award RFP #05-3747R "Indoor Air Quality Service" to Pure Air Control Services for Indoor Air Quality (IAQ) testing, cleaning and remediation services. To maintain over 660 separate county facilities that requires continual inspection, repair and maintenance 5) Recommendation to approve the purchase of Property, Casualty, Automobile, Workers Compensation and ancillary insurance and related services for FY 2006. As Detailed in the Executive Summary 6) Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved Land to the Collier County Parks & Recreation Department, at a cost not to exceed $20. As Detailed in the Executive Summary 7) Recommendation to approve a First Amendment to License Agreement with St. Matthews House, Inc., for the continued use of parking spaces at the Government Center, at a term revenue of $50. So their food program may continue to operate without being in violation of County Code 8) Recommendation to approve the attached Lease Agreement for office space on South Horseshoe Drive and associated expenses, including Page 18 September 27, 2005 rental, common area maintenance, renovations, and relocation of Health, EMS and IT Departments offices, at a first years cost not to exceed $396,000. To provide additional office space for the Health Department, Community Development and Environmental Services Division F. COUNTY MANAGER 1) Recommend approval of First Amendment to Contract No. 03-3537 with Paradise Advertising and Marketing, Inc. for an increase in the monthly fee to $25,000.00 per month or $300,000.00 annually to cover all professional time, media and production up to $2,000,000.00 annually. 2) Recommendation to approve First Amendment to the 2004/2005 Tourism Agreement Between Collier County and the Conservancy of Southwest Florida, Inc. Requesting a I-year extension to September 30, 2006 for the completion of the Category "C" grant for the exhibit called Everglades: A work in progress at the Conservancy Nature Center. 3) City of Naples Category A Grant Application Amendment for Doctors Pass Dredging Project 905501 in the amount of $125,000. To equal the bid price for the dredging of Doctors Pass 4) Approval of budget amendments. 5) Resolution of the Collier County Board of County Commissioners requesting the Florida Department of Environmental Protection to include the funding for the City of Naples/Collier County Beach Renourishment Project in the Fiscal Year 2005/06 Legislative budget request. Resolution 2005-337 6) Recommend Approval of Coastal Planning and Engineering Time and Material, Not-To-Exceed Proposal for $35,000 to study and recommend the most effective approach to permit and re-nourish Clam Pass Beach Park. (Project 900281) Page 19 September 27, 2005 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Continued to the October 11, 2005 BCC Meeting 1) Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase effective October 1, 2005 and a $5000 bonus to be paid on September 30, 2005 to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. 2) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA to transfer $20,992 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a portion of a landscape and irrigation improvement project in the Davis Blvd medians at the Brookside Drive intersection. 3) To approve a budget amendment for Fund 187 Bayshore Gateway Triangle CRA (Reserve for Capital) to transfer $12,000 to Fund 112 (Davis Blvd Phase I Irrigation Renovation Project #60098) to reimburse the County for the installation of a landscape and irrigation project at the US41 I Davis Blvd intersection. 4) To approve a Fund 187 Bayshore Gateway Triangle Budget Amendment of $3,000 from reserves to acquire computer systems. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests approval for reimbursement for attending a function serving a valid public purpose: to attend the 2005 NAACP Annual Freedom Fund Banquet on October 15,2005 in the amount of $55.00, to be paid from Commissioner Fiala's travel budget. To be held at the Elks Lodge, 3950 Radio Road, Naples, Florida 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the One by One Leadership Foundation of Southwest Florida MeetinglLuncheon on September 16, 2005 and is requesting reimbursement in the amount of $10.00 to be paid from his travel budget. To be held at the One Stop Center, 750 5th Street South, Page 20 September 27, 2005 .---"'.- Immokalee, Florida 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Southwest Florida Workforce Development Board's Annual Retreat Awards Dinner on September 16,2005 and is requesting reimbursement in the amount of$25.00 to be paid from his travel budget. To be held at the Marco Island Hilton Beach Resort, 560 South Collier Boulevard, Marco Island, Florida 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the "Wake Up Naples Breakfast" sponsored by the Naples Chamber of Commerce, on September 21, 2005 and is requesting reimbursement in the amount of $17.00, to be paid from his travel budget. To be held at The Naples Hilton, 5111 Tamiami Trail N, Naples, Florida Moved Section #D-l to Item #10J I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve writing off Accounts Receivable in the amount of$514,328.80 to comply with Auditor recommendations included in the Management Letter of the Fiscal Year 2004 Collier County Annual Audit. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs of$9,250 for P. 141,841, & 143 in the case Collier County v. Primera Iglesia Cristiana Manantial De Vida, Case No. 03-2372-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $9,250) Page 21 September 27, 2005 -~-"._- 2) Recommendation to approve Agreed Order Awarding Engineering Expert Fees & Costs for $3,650 for Parcels 142, 742A, 742B, & 942 in Collier County v. Parkway Community Church of God, Case No. 03-2374-CA (Golden Gate Pkwy Project 60027).(Fiscal Impact $3,650) 3) Consider Proposed Settlement Agreement in reference to Florida State Underground, Inc. v. Collier County, Case No. 03-4177-CA, now pending in the Twentieth Judicial Circuit, Collier County, Florida and give direction to County Attorney regarding the litigation. County to release a retainage in the amount of $113,877.14 to FSU without interest 4) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 118 and 718 in the lawsuit styled Collier County v. Rafael Liy, et al., Case No. 05-752-CA (Collier Blvd 951 Project 65061).(Fiscal Impact $54,397.50) 5) 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$124,670.00 for the Acquisition of Parcels 108 and 708 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $58,987.38) 6) 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$221,300.00 for the Acquisition of Parcels 107 and 707 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: $73,300.26) 7) 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$129,500.00 for the Acquisition of Parcels 106 and 706 in the Lawsuit Styled Collier County v. Louis Cerminara, et al. Case No. 05-0620-CA (County Road 951 Project No. 65061). (Fiscal Impact: Page 22 September 27, 2005 '^.--_._..-_...._~._...,-_.._- $63,186.22) 8) 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$156,500.00 for the Acquisition of Parcels 109 and 709 in the Lawsuit Styled Collier County v. Susan C. Hallock, et al. Case No. 05-0646-CA (County Road 951 Project No. 65061). (Fiscal Impact: $70,777.04) Continued to October 11, 2005 meeting 9) Recommendation to authorize the County Attorney to file a lawsuit after October 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. 10) Recommendation to Approve a Budget Amendment in the Amount of $118,567.35 to Transfer the Balance of the Funds from Fund 652 Reserves to Its Operating Budget and to Transfer the Total Amount Collected in Excess of$108,309.66 (the Statutorily Mandated Amount that the Board of County Commissioners Must Fund the Legal Aid Society). Moved to Item #10G 11) Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. 12) Recommendation to Approve Settlement Pre-Litigation and Prior to Mediation Pursuant to the Alternative Dispute Resolution Procedures in Countywide Paved Shoulders and Sidewalk Improvements Contract 03-3528 With Better Roads, Inc. for Full and Final Settlement of All Outstanding Liquidated Damages Claims in the Amount of $10,000.00 to be Paid to Better Roads, Inc. Page 23 September 27, 2005 ,.___ri_". "-........--....----.-. 13) Recommendation to Approve Settlement Prior to Arbitration- Mediation in the Lawsuit Entitled: CPOC REALTY v. THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, IN THE TWENTIETH JUDICIAL CIRCUIT, IN AND FOR COLLIER COUNTY, FLORIDA, CASE NO.: 04-5636-CA FOR $20,000.00. 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. Moved to Item #7C A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-04-AR-6700 A Resolution of the Board of Zoning Appeals providing for the establishment of two Conditional Uses in the "E" Estates zoning district for a group home, and private school to serve the residents of the group home and program participants per Table 2, Subsection 2.04.03 of the Collier County Land Development Code for property located in Section 8, Township 50 South, Range 26 East, Collier County, Florida. B. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Four of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), to reflect the amended rates set forth in the impact fee study, providing for the incorporation by reference of the impact fee study entitled Correctional Impact Fee Study, Collier County, Florida, establishing methodology for the annual indexing adjustment to the Correctional Facilities Impact Fee Rates, and providing for a delayed effective date of November 1,2005. Page 24 September 27, 2005 -~'.----'''-._. Ordinance 2005-47 c. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2003-AR-3588: Frank C1esen & Sons, Inc., represented by William L. Hoover, of Hoover Planning and Development, Inc., requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) to amend the Clesen PUD, pursuant to the sunsetting provisions of the LDC, to update the PUD document in compliance with the current LDC PUD requirements, for property located on the north side of Pine Ridge Road, approximately 1,000 feet east of the Whippoorwill Lane and Pine Ridge Road intersection, in Section 7, Township 49 South, Range 26 East, Collier County Florida. This property consists of 4.33 acres Ordinance 2005-48 Continued to the October 11, 2005 BCC Meeting D. This item was continued from the September 13.2005 BCC Meetine:. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. Moved to Item #8F E. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 25 September 27, 2005 PM-FRONT OF ROOM STEPHEN CUNNINGHAM SPECIAL MAGISTRATE TO VALUE ADJUSTMENT BOARD , COLLIER COUNTY, FLORIDA AGENDA OCTOBER 13, 2005 THE SPECIAL MAGISTRATE WILL HOLD A PUBLIC HEARING FOR THE FOLLOWING PETITIONS: 1:00 P.M. - COMMERCIAL TAX PETITIONS TV 111 TV 115 TV 117 ~~ ~~~ 2:00 P.M. TV 85 TV 86 TV 8'7 TV 88 TV 89 TV 90 TV 91 J\RC I ±-±-; LLC scet-t-Er.-Retzloff &. ADDOC. WiD 9/26/05 }\RC III, LLC Scott B. Retzloff &. ]\DOOC. WiD 9/26/05 Bond, Schoeneck &. King, V}\ N::lrk Nog::lloJc.i WiD 9/13/05 Bond, Schoeneck &. King, Vl\ N::lrk Nog::lloki WiD 9/13/05 Dond, Schoeneck &. King, VA H::lrk Nogo.loJ;:i WiD 9/13/05 Dcloitte To.x, LLP Dcloittc T::lx, LLP Deloitte To.x, LLV Dcloittc T::lx, LLP Deloitte To.x, LLV Deloitte T::lx, LLP Dcloittc To.x, LLP (RESCHEDULED FOR AT 4:00 P.M.) 3:00 P.M. TP-3 Assessment Technologies - Walgreens TP-4 Assessment Technologies - Walgreens TP-5 Assessment Technologies - Walgreens TP-6 Assessment Technologies - Walgreens TP-7 Assessment Technologies - Walgreens TP-8 Assessment Technologies - Walgreens TP-9 Assessment Technologies - Walgreens TP-I0 Assessment Technologies - Walgreens TP-l1 Assessment Technologies - Walgreens TP-12 Assessment Technologies - Walgreens TP-13 Assessment Technologies - Best Buy TP-15 Assessment Technologies - Costco Page 1 October 13, 2005 (P.M.-Front) PM-FRONT OF ROOM 4:00 P.M. TP-25 Commercial Property Services, Inc. - united Parcel TP-26 Commercial Property Services, Inc. - united Parcel TP-27 Commercial Property Services, Inc. - CVS Pharmacy TP-28 Commercial Property Services, Inc. - CVS Pharmacy TP-29 Commercial Property Services, Inc. - CVS Pharmacy TP-30 Commercial Property Services, Inc. - CVS Pharmacy Page 2 October 13, 2005 (P.M.-Front)