Loading...
Recap 11/15-11/16/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tì"'" " ,I '.X<, >'._ --"~'';;;;¡;:'1'",', AGENDA November 15 - 16, 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 THA T ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 November 15-16, 2005 OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Chaplin Michael Harper, Naples Community Hospital 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and/or Adopted with changes - 5/0; Additional change sheet presented on 11/16/05 with item that was omitted from the agenda (PUDEX-05-AR-7951). This item is continued to the December 13, 2005 BCC Meeting - Approved 5/0 B. October 13, 2005 - BCC/ V AB Special Magistrate AM Meeting-front half of boardroom Approved as Presented - 5/0 C. October 13, 2005 - BCCN AB Special Magistrate PM Meeting-front half of boardroom Approved as Presented - 5/0 D. October 14, 2005 - BCC/ V AB Special Magistrate AM Meeting-rear half of boardroom Approved as Presented - 5/0 Page 2 November 15-16, 2005 E. October 17,2005 - BCC/V AB Special Magistrate-front half of boardroom Approved as Presented - 5/0 F. October 18, 2005 - BCC/CRA Workshop Approved as Presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards - Presented 5 Years 1. Jim Coletta, Lake Trafford Restoration Task Force 2. Sofia Pagan, Hispanic Affairs Advisory Board 3. John Ribes, Parks and Recreation Advisory Board 4. Heather Rockcastle, Emergency Medical Services Advisory Council 5. Nicole Ryan, Lake Trafford Restoration Task Force 6. Sharon Tims, Immokalee Beautification MSTU Advisory Committee 7. Peter VanArsdale, Development Services Advisory Committee 10 Years 1. Jack Humphrey, Industrial Development Authority 2. Cheryle Newman, Golden Gate Beautification Advisory Committee 3. Barbara Minch Rosenberg, Industrial Development Authority Presented 4. PROCLAMATIONS A. Proclamation designating November 20 - 26 as Farm-City Week. To be accepted by David Santee. Adopted - 5/0 B. Proclamation designating November 15,2005, as Hurricane Katrina Relief Workers' Day. To be accepted by Nicole Basta, Karen Simander, Marie Laliberte, and Tonia Figueroa of the Collier County Health Department; Division Chief Dan Bowman, Captain Les Williams, Lieutenant Eva Weeks, Page 3 November 15-16, 2005 Lieutenant Heather Spieth, Lieutenant Eric Havens of Emergency Medical Services; Chris Byrne and Jonathan Aponte of the City of Marco Island Fire Department; Erick Baltodano and Marc SanAngelo of the City of Naples Fire Department; Al Sanchez and David Levitt of Domestic Animal Services; and Jim Durrwachter, Josh O'Connor, Marc Rogers, Frank Connor, Jamie Farmer, Fed Privett, and Marty White of the Florida Panther National Wildlife Refuge. Adopted - 5/0 C. Proclamation designating November 2005 as National Epilepsy Awareness Month. To be accepted by Gerry Harwick, Prevention and Education Coordinator for Epilepsy Services of Southwest Florida; and Marielys Figueroa Ruiz, Case Manager for Epilepsy Services of Southwest Florida. Adopted -5/0 D. Proclamation designating November 2005 as United Way of Collier County Agency Awareness Month. To be accepted by Palma Fuson, President of the Board of Directors, Uni ted Way; Jennifer Edwards and Dr. Leo Mediavilla, Co-Chairs of the Campaign, United Way. Adopted -5/0 5. PRESENTATIONS 6. PUBLIC PETITIONS A. This item was continued from the October 25. 2005 BCC Meetin2. Public Petition request by Thomas Selck to discuss Building Permit No. 2005- 080737, 3560 21st Avenue SW. Motion to bring back at a future BCC Meeting - 3/2 (Commissioner Henning and Commissioner Halas opposed) B. This item was continued from the October 25. 2005 BCC Meetin2. Public Petition request by Jo Presi Brisson to discuss road paving in Golden Gate Estates. Motion to bring back at a future BCC Meeting - 5/0 C. Public Petition request by John J. Juliano to discuss acceptance of Henderson Creek Drive as a County Road. Page 4 November 15-16, 2005 Motion to bring back at a future BCC Meeting - 3/1 (Commissioner Halas opposed and Commissioner Henning out) Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item was continued from the October 25. 2005 BCC Meetin{! to the November 1.2005 Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2005-AR-7586 Southern Centers in Naples, LC, in regards to Office Depot, represented by Wayne Arnold, ofQ. Grady Minor and Associates, P.A. and Richard Yovanovich of Goodlette, Coleman and Johnson, P.A., requesting a conditional use to allow an office supply store in excess of 5,000 square feet within the C-3 zoning district (with an ST overlay) pursuant to the previous LDC Section 2.2.14.3.11. The subject property, consisting of 4.02 acres, is located on the northeast corner of Collier Boulevard and Tamiami Trail East (US 41), in Section 3, Township 51 South, Range 26 East. Resolution 2005-400 - Adopted 5/0 B. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1.2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin{!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2003-AR-3573. Independent Haitian Church of God, represented by Kelly Smith of Davidson Engineering, Inc., requesting a Conditional Use in the RMF -6 zoning district as provided for within Table 2 of Section 2.04.03 per Land Development Code (LDC) for expansion of a church. The 2.03 acre property to be considered for the conditional use is located at 3709 Guilford Road, Lot 5 and Lot 6, Block A, Guilford Acres, in Section 13, Township 50, Range 25, Collier County Florida. Resolution 2005-401 - Adopted w/stipulations 4/1 (Commissioner Halas opposed) C. This item was continued from the July 26. 2005 and October 11.2005 BCC meetin{!s and is further bein{! reQuested to be continued indefinitely. This item requires that all participants be sworn in and ex Page 5 November 15-16, 2005 parte disclosure be provided by Commission members. CU-2004-AR- 6384 Golden Gate Congregation of Jehovah's Witnesses, represented by Mike Landy, of Landy Engineering, Inc. requesting a Conditional Use in the Estates zoning district for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code. The proposed Conditional Use will replace the existing CU-96-12 (E) Ordinance Number 97-440. The new church building is proposed to be 4,400 square feet. The property consisting of 5.15 acres is located at 3480 Golden Gate Boulevard S. W., Tract 81, Golden Gate Estates Unit No.4, in Section 11, Township 49 South, Range 26 East, Naples, Florida. Approved to continue indefinitely - 5/0 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1.2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2005-AR-7469, Sonoma Oaks MPUD: Richard and Frances Craig and CDN Properties, LLC, represented by Robert Mulhere ofRW 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 (CR 951), approximately 1/4 mile north of Vanderbilt Beach Road, in Section 34, Township 48 South, Range 26 East Collier County, Florida. Ordinance 2005-61 - Adopted w/stipulations 5/0 B. This item has been continued from the October 25. 2005 BCC Meetin2 to the November 1.2005 BCC Meetin2 and was further continued to the November 15.2005 BCC Meetin{!. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake-Hammock Road and Collier Boulevard, in Section 22, Page 6 November 15-16, 2005 Township 50 South, Range 26 East, Collier County, Florida. Resolution 2005-402 - Adopted 5/0 C. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1.2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin{!. 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 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) Ordinance 2005-62 - Adopted w/stipulations 5/0 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2004-AR- 6906 James J. Fields, contract purchaser, represented by William Hoover of Hoover Planning and Development, Inc., requesting: a rezone from the Residential Multi-Family-6 (RMF-6) with a Bayshore Mixed Used District-Residential (BMUDR2) overlay zoning district to the Residential Planned Unit Development (RPUD) zoning district for a Project to be known as the Cirrus Pointe PUD, to allow for a multi-family Project of up to 108 residential units; and, consideration and approval of an affordable housing density bonus agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 78 units at 7.89 bonus density units per acre) in the development of this Project for low-income residents that will include a maximum of 32 units designated as Affordable Housing units. The subject property, consisting of9.92 acres, is located at the northeast corner of Bayshore Drive and Thomasson Drive, in Section 14, Township 50 South, Range 25 East, Collier County, Florida. Ordinance 2005-63 - Adopted 5/0 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR- Page 7 November 15-16, 2005 6084 Waterways Joint Venture IV, represented by Dwight H. Nadeau, of RW A, Inc., and Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, P.A., requesting a rezone from Rural Agricultural (A) and Residential Planned Unit Development (RPUD) to Residential Planned Unit Development (RPUD) for a Project to be known as Bristol Pines RPUD to amend the existing PUD document and master plan for a residential subdivision to add land and units to allow for a maximum number of 292 residential units and recreational amenities. The Project density is proposed to be 6.85 units per acre subject to the approval of the companion Affordable Housing Density Bonus Agreement, authorizing the developer to utilize affordable housing bonus density units (in the amount of 121 units at 3.0 bonus density units per acre) in the development of this Project for low- income residents that will include a maximum of 29 units designated as affordable housing units. The Project consists of 42.61 acres and is generally located at 14750 Collier Boulevard on the east side of Collier Boulevard (CR-951), approximately 1 mile south of Immokalee Road (CR-846). Access to serve the Project is proposed to be from Tree Farm Road in Section 35, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2005-64 Adopted w/CCPC stipulations - 4/1 (Commissioner Fiala opposed) F. This item reQuires that all participants be sworn in an ex parte disclosure be provided by Commission members. PUDA-2005-AR-7557; Empire Developers Group LLC, represented by Laura Spurgeon of Johnson Engineering, Inc., requesting an amendment to the HD Development PUD document and Master Plan by revising the development standards in Tracts I and 2 by: revising the minimum single-family lot areas from 12,000 square feet and 6,000 square feet to 9,000 square feet; revising the minimum interior lot widths from 85 feet and 55 feet to 60 feet; revising the minimum corner lot widths from 95 feet and 65 feet to 65 feet; the Project ownership; removing attached and zero-lot line dwelling units as permitted uses; and, adding additional landscape requirements along the northern PUD boundary. The subject property is approximately 46.64 acres located east of Olde Cypress Boulevard, between Immokalee Road (CR 846) and Treeline Drive, in Section 21, Township 48 South, Range 26 East. Ordinance 2005-65 Adopted w/stipulations - 5/0 G. This item is bein2 reQuested to be continued to the November 29. 2005 BCC Meetin2. Petition: represented by Michael Fernandez of Planning Development Incorporated requesting a rezone from the PUD zoning district Page 8 November 15-16, 2005 to the PUD Mixed Use zoning district by revising the existing Pine Ridge Medical Center PUD Document and PUD Master Plan to reduce the commercial use to 10,000 square feet, renovate the existing hotel into a condominium building with 64 residential units and change the name of the PUD. The property to be considered for this rezone is located in Section 15, Township 49 South, Range 25 East, Lot 51, Collier County, Florida. This property consists of 4.02 acres and is located at II 00 Pine Ridge Road. Approved motion to continue to the 11/29/05 BCC Meeting - 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Nomination of applicant to forward to the Governor for consideration of appointment to the SW FL Expressway Authority. Resolution 2005-403 (11/16/05) : Nominating Stanley W. Plappert - Adopted -3/2 (Commissioner Halas and Commissioner Coletta opposed) B. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2005-404 (11/16/05): Re-appointing Richard E. Lydon to the Vanderbilt Beach Beautification MSTU Advisory Committee - Adopted - 5/0 C. Appointment of members to the Immokalee Master Plan and Visioning Committee. Resolution 2005-405 (11/16/05): Appointing Richard Rice and Brian Blocker to the Immokalee master Plan and Visioning Committee - Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 1 :00 p.m. Review of the approval of a Commercial Excavation Permit (AR 3853) for "Mirasol Flowway and Water Management Lakes, located in Sections 10, 15, & 22, Township 48 South, Range 26 East: bounded on the north by Lee County (Residential), on the west by Parklands PUD, Terrafina PUD, and land zoned Agricultural, on the South by Immokalee Road and the Cocohatchee Canal, and on the east by land zoned Agricultural and by the Heritage Bay PUD. (Joseph K. Schmitt, Administrator, Community Development) Approved - 3/2 (Commissioner Fiala and Commissioner Halas opposed) Page 9 November 15-16,2005 B. Status report to the Board of County Commissioners on the Copeland Area Rezone Project. (Joseph K. Schmitt, Administrator, Community Development) Approved - 5/0 (11/16/05) C. Recommendation to approve a Budget Amendment in support of Hurricane Wilma Recovery Efforts in Collier County. ($31,000,000) (Mike Smykowski, Director, Office of Management and Budget) Approved - 5/0 (11/16/05) D. Recommendation to approve a budget amendment for the transfer of funds from the Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies, and other sources of Revenue in the total amount of $2,000,000 to cover unanticipated Hurricane Wilma related operating expenses in the North County Water Reclamation Facility and Wastewater Collections Cost Centers. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 (11/16/05) E. This item to be heard at 10:00 a.m. Recommendation to approve an Agreement for Sale and Purchase with the Trust for Public Land for the purchase of land housing and adjoining Caribbean Gardens and the Naples Zoo at a cost not to exceed $45,667,911. (Marla Ramsey, Administrator, Public Services) Motion to approve purchase of Option #1; The purchase of Parcels #1, 2, 3, 10, and 16 for $45 million, with acceptance of the purchase agreement and the lease (with modification/amendments with TPL and the Zoo in agreement) and then have further discussion on Parcels 11 and 12 - Approved - 3/2 (Commissioner Henning and Commissioner Halas opposed); Motion to approve purchase Parcels #11 & #12 for the amount of $4 million - Approved with stipulations - 4/1 (Commissioner Henning opposed) F. This item to be heard with Item #10E. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $7,200,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition of the Caribbean Gardens property; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to Page 10 November 15-16, 2005 -" ----.--,..-....".-- secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Mike Smykowski, Director, Office of Management and Budget) Resolution 2005-399 Adopted - 5/0 G. Recommendation to approve an amendment to Contract 04-3673 with Carollo Engineers in an amount of$1,144,432.00 to provide professional engineering services for design of the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 (11/16/05) H. Recommendation to award bid #05-3873 Golden Gate Parkway Grade Separated Overpass Landscape Installation to Hannula Landscaping Inc. with a base amount of$1,100,584.65 and 10% contingency of$110,058.46 for a total of$I,210,643.11 plus bid alternate 2a (fund 313, Project #600066). (Norman Feder, Administrator, Transportation Services) Approved - 5/0 (11/16/05) I. Recommendation to name the water park facility at North Collier Regional Park "Wetlands". (Marla Ramsey, Administrator, Public Services) A Motion was made to name the park "Sun-n-Fun Lagoon"- Approved - 5/0 (11/16/05) Moved from Item #16Dl- Remained on Consent J. Recommendation that the Board of County Commissioners approve a rate increase of $ 700 per burial for indigent adult burial services funded by the Human Services Department. For the new cost of $1,600 per burial Moved from Item #16E3 K. Recommendation that the Board authorize the County Attorneys Office to draft an ordinance to authorize airport-type searches of individuals who enter the Administration Building at the Main Government Complex. Approved - 4/1 (11/16/05) (Commissioner Henning opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Kraszowski's comments on rental/housing costs (11/16/05) Page 11 November 15-16, 2005 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS (11/16/05) A. Jim Mudd recognizes the passing of Mr. Ken Abernathy B. Dan Summers wrap up of the recovery efforts surrounding Hurricane Wilma C. Commissioner Coletta's concerns regarding migrant work in Immokalee; a decision was made to schedule a workshop D. Joe Schmidt's discussion regarding Dinah Shores and Port-Au-Prince E. Motion to make Commissioner Halas the contact person for the Florida Annual Conference in Marco Island, representing Collier County - Approved - 4/1 (Commissioner Halas opposed) F. Staff to work on "rate of growth" Ordinance for Collier County - Consensus ---------------------------------------------------------------------------------------------------- 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 grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Three. The roadway and drainage improvements will be privately maintained. Resolution 2005-388 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterways of Naples Unit Page 12 November 15-16, 2005 Four. The roadway and drainage improvements will be privately maintained. Resolution 2005-389 3) Recommendation to award Contract 05-3784, in the amount of $62,000, for Consultant Services for the United States Department of Housing and Urban Development (HUD) Five- Year Consolidated Plan which includes a One- Year Action Plan and Analysis of Impediments to Fair Housing to Florida Planning Group. 4) CARNY-2005-AR-8548, Reverend Ettore Rubin, c.s., Our Lady of Guadalupe Catholic Church, requesting a permit to conduct a carnival on November 23, 24, 25, 26 and 27,2005, located at 207 South 9th Street in Immokalee. CP-2005-07 5) Recommendation that the Collier County Board of Commissioners terminate Contract 033500 Land Use and Permitting Software Application with Hansen Information Technologies. Due to internal technical issues and the inability to meet the project deadline B. TRANSPORTATION SERVICES 1) Recommendation to approve an amended funding agreement with the South Florida Water Management District for an additional amount of $250,000.00 for design and construction of the Gordon River Water Quality Park. For a total cost of $750,000.00 2) Recommendation to approve a Florida Communities Trust (FCT) grant contract from the State of Florida Department of Community Affairs for the Gordon River Water Quality Park. As Detailed in the Executive Summary 3) Recommendation to approve a Resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the conversion of an existing irrigation system from potable to effluent water source along US 41 North (Tamiami Trial North) from Pine Ridge Road to Vanderbilt Beach Road. (The grant is Page 13 November 15-16, 2005 for $50,000 for the effluent conversion and for other incidentals.) Resolution 2005-390 4) Recommendation that the Board of County Commissioners adopt a Resolution, superseding and replacing Resolution 03-239, to prohibit trucks in excess of five (5) ton capacity and other commercial vehicles, except when passing or preparing to turn left, from operating in the left lane on: Immokalee Road from Airport-Pulling Road to Collier Boulevard; Golden Gate Boulevard from Collier Boulevard to Wilson Boulevard; Collier Boulevard from Golden Gate Boulevard to US 41; and on Immokalee Road from Collier Boulevard to 43rd Avenue N.E. Resolution 2005-391 C. PUBLIC UTILITIES 1) Recommendation to Award Bid #05-3885 - SCWRF Lawn and Berm Maintenance to Ground Zero in the approximate annual amount of $58,000. For Berm Maintenance at the South County Water Reclamation Facility 2) Recommendation to authorize conveyance of an Easement to Florida Power & Light Company for the installation of underground electric facilities to serve the Santa Barbara Sewer Force Main Interconnect Pump Station. Located on the Vanderbilt Beach Road Extension 3) Recommendation to award Bid No. 05-3892 to D. N. Higgins, Inc. for the South County Water Reclamation Facility Rehabilitation Piping and Odor Control Modifications in the amount of $217,900.00; Project 725341 To further reduce odors and provide plant operational flexibility and reliability 4) Recommendation to authorize the purchase of sole-source technical support services related to SCADA programming software for Collier County Public Utilities Division-wide Site Licenses in the amount of $31,637.38 for Project 710561 Water SCADA Systems Software & Page 14 November 15-16,2005 Support Renewals, and Project 725411 Wastewater SCADA Systems Software & Support Renewals. With Grey Matter Systems 5) Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Parts and Materials for Approved Submersible Lift Stations in the estimated annual amount of $300,000. With ITT Flygt Corporation 6) Recommendation to accept a reimbursement check in the amount of $22,920 from Greeley and Hansen for the design of three check valves at Pump Station 107 and approve a Budget Amendment Project 739452. For non-conformance of Utility Standards 7) Recommendation to approve the South Florida Water Management District Local Governmental Agreement No. DG061 166 in the amount of $1 ,000,000.00 as partial funding for construction of Hawthorn Wells, Proj ect number 710111 and Proj ect number 710061. To provide additional raw water sources to meet increased water demands 8) Recommendation to approve work order CH2-FT-3785-06-01 under Contract # 05-3785 with CH2M HILL, Inc. in an amount of $144,600.00 to provide professional engineering services for design of a reclaimed water transmission main to serve the Northeast Regional Water Reclamation Facility, Project Number 74311. To run through the Immokalee Road Corridor 9) Recommendation to approve a change order to work order MP-FT-04- 04 under Contract 00-3119 with Malcolm Pirnie, Inc. in an amount not to exceed $300,000.00 to provide continuing project management support services for the Northeast Regional Water Treatment Plant and Water Reclamation Facility, Project Numbers 70902 and 73156. To provide water and wastewater treatment facilities to meet demand in the Northeast region of the County 10) Recommendation to award Contract 05-3896, to Mitchell & Stark Construction Company Inc., in the amount of $262,300, for the South Page 15 November 15-16,2005 .n____.___ County Water Reclamation Facility Chemical Storage and Feed Facility Upgrades, Project 72008. To improve safety and reliability for the chemical storage 11) Recommendation to approve Work Order UC-122, under Contract 04- 3535 to Kyle Construction Inc., in the amount of$197,49l, and a budget amendment to incorporate additional funds, in the amount of $154,936, from Centex Homes for the Immokalee Road Wellfield Well 1 Relocation, Project 73955. 12) Recommendation to approve Work Order CH2-FT-3785-06-02 under Contract 05-3785 with CH2M Hill for design services related to the raw water transmission main on Immokalee Road in the amount of $ 266,860, for the Northeast Regional Water Treatment Plant, Wellfield Project 70899. For expansion of the NERWTP 13) Recommend that the Board of County Commissioners approve the attached Settlement Agreement and Release among Collier County, the Collier County Water-Sewer District (CCWSD), and two landowners: Citygate Development, LLC, and CG II, LLC in the amount of $500,000. As Detailed in the Executive Summary 14) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG061l67 in the amount of$433,333.00 as partial funding for construction of the 12th Avenue Tamiami Interconnect Pipeline, Project Number 710061. To provide an interconnect pipeline to blend brackish and fresh water to optimize usage of the existing well fields 15) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG061169 in the amount of $500,000.00 as partial funding for construction of the Reclaimed Water ASR, Project Number 74030. To provide for storage of reclaimed water for usages during dry periods of the year 16) Recommendation to approve a South Florida Water Management District Local Governmental Agreement No. DG06l168 in the Page 16 November 15-16, 2005 amount of $720,000.00 as partial funding for construction of the Reclaimed Water Projects, Project Numbers 74035, 74076, and 72501. To allow reclaimed water to be transferred between the north and south service areas, as it is needed D. PUBLIC SERVICES Moved to Item #10J - Remained on Consent 1) Recommendation that the Board of County Commissioners approve a rate increase of $700 per burial for indigent adult burial services funded by the Human Services Department. For the new cost of $1,600 per burial 2) Recommendation that the Board of County Commissioners authorize the use of $82,200 from the Human Services Department to be used as a part of a local match requirement to obtain State and Federal funding to continue operation of the Horizons Primary Care Clinic in Golden Gate City. This agreement runs through December 31, 2005 3) Recommendation to enter into an agreement with Collier County Child Advocacy Council to provide supervised visitation services in Collier County. Services will be reimbursed through a grant awarded by the United States Department of Justice, Office on Violence Against Women in the amount of $125,000. The contract period runs from September 1, 2005 though August 31,2006 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve Phase II of Work Order #SCD-FT-05- 02, issued to Spillis Candela DMJM (Architects), in the amount of $137,454.00 for the design of the Courthouse Renovations, Floors 1 and 4 Proj ect. To coordinate the various projects that are being built at the Main Government Center Page 17 November 15-16,2005 2) Confirm and consent to the re-assignment of Contract Nos. 00-3131, and 04-3614, both titled Fixed Term Landscape Architectural Services from Outside Productions, Inc. to Windham Studio, Inc. Moved to Item #10J 3) Recommendation that the Board authorize the County Attorneys Office to draft an ordinance to authorize airport-type searches of individuals who enter the Administration Building at the Main Government Complex. To keep weapons and explosives out of the building 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of September 27, 2005 through October 30, 2005 5) Recommendation to piggyback upon the award for Pharmacy Benefit Management Services as approved by the District School Board of Collier County to Express Scripts, Inc. For pharmacy benefit management services to the Collier County Health Insurance Plan 6) Recommendation to award RFP#05-3748R, Onsite Primary Care Health Services to Vocatus Medical Management Services of Naples, Florida. To provide onsite health care services to employees enrolled under the Collier County Group Insurance Plan F. COUNTY MANAGER 1) Recommendation to authorize the drafting of an Ordinance to recover costs associated with hazardous material spills and negligently caused fire emergencies. Under the Bureau of Emergency Services 2) Recommendation to approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. 3) Approval of Budget Amendment Report. Page 18 November 15-16, 2005 4) Recommend Approval of supporting Swamp Buggy Fall Classic in the amount of $10,000 for out of market advertising for event date change. Due to Hurricane Wilma the event has been moved to December 3-4, 2005 5) Recommendation to approve a Resolution approving, as serving a valid public purpose, the expenditure of County funds for specific expenditures relating to recognition for individuals who performed exceptionally before, during and after Hurricane Wilma. ($25,000) Resolution 2005-392 6) Recommendation to approve an emergency-related Resolution adopting temporary policy of non-enforcement of permitting requirements and code violations related to County's use of parcels, PUD areas and sites for horticultural debris and construction and demolition debris deposit and processing prior to removal. Resolution 2005-393 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the 17th Annual SW Florida Residential Development Snapshot on November 10,2005 at the Naples Elks Lodge; $60.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement to attend a function serving a valid public purpose. To attend the Leadership Holiday Party on December 6, 2005 at the Hilton Naples and Towers; $35.00 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North 3) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the American Specialty Contractors of Page 19 November 15-16, 2005 Florida (A.S.C.F.) Board of Directors Meeting on November 10,2005 and is requesting reimbursement in the amount of $30.00, to be paid from the travel budget. To be held at the Kensington Golf and County Club on Pine Ridge 4) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Collier Citizen of the Year 2005 event on November 8, 2005 and is requesting reimbursement in the amount of $30.00, to be paid from his travel budget. To be held at The Club at The Strand I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Recommendation to approve Agreed Order Awarding Contractor Expert Fees and Costs in the amount of$I,750.00 for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. 03-2372-CA (Golden Gate Parkway Project 60027).(Fiscal Impact $1,750.00) As Detailed in the Executive Summary 2) Recommendation to approve Agreed Order A warding Real Estate Appraiser Expert Fees and Costs in the amount of $l 0,000.00 for Parcel Nos. 142, 742A, 742B and 942 in the lawsuit styled Collier County v. Parkway Community Church of God, et al., Case No. 03- 2374-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,000.00) As Detailed in the Executive Summary 3) Recommendation to approve Agreed Order A warding Real Estate Appraiser Expert Fees and Costs in the amount of$IO,OOO.OO for Parcel Nos. 141, 841, and 143 in the lawsuit styled Collier County v. Primera Iglesia Cristiana Manantial De Vida, Inc., et al., Case No. Page 20 November 15-16, 2005 03-2372-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,000.00) As Detailed in the Executive Summary 4) 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 $70,000.00 for the Acquisition of Parcel 177 in the Lawsuit Styled Collier County v. Big Corkscrew Island Fire District, et al., Case No. 02-2218-CA (Immokalee Road Project No. 60018). (Fiscal Impact: $48,456.00) As Detailed in the Executive Summary 5) Recommendation to the Board of County Commissioners and the Board, Acting as Ex-Officio the Governing Board of the Collier County Water-Sewer District, to Approve a Settlement With Wright Construction Corp. Arising out of Disputes Over Payment in Connection With the North County Regional Water Reclamation Facility Deep Injection Well Pump Station Bid/Contract No. 03-3442. As Detailed in the Executive Summary 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS 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. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1. 2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. A Resolution amending Resolution Number 05- Page 21 November 15-16, 2005 261 that granted Conditional Use approval for the Florida Home Model Center Extension to correct a scriveners error resulting from an incorrect legal description included in the adopted Resolution for property located in Section 15, Township 49 S, Range 26 E, Collier County, Florida. Resolution 2005-394 B. This item has been continued from the October 25. 2005 BCC Meetin2 to the November 1. 2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and Ex Parte Disclosure be provided by Commission members. Recommendation to approve Petition A VPLA T2005-AR815l to disclaim, renounce and vacate the County's and the Publics interest in a portion of the 7.5 foot wide drainage easement located along the side of Lot 67, Block F, according to the plat of Flamingo Estates as recorded in Plat Book 10, Pages 34 through 35, Public Records of Collier County, Florida, located in Section 1, Township 50 South, Range 25 East. Resolution 2005-395 C. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1.2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-04-AR-6422, D. Wayne Arnold ofQ. Grady Minor & Associates, P. A., and George Varnadoe of Cheffy, Passidomo, Wilson & Johnson, representing The Lutgert Companies, requesting to rezone 53 acre site from Rural Agriculture (A) Zoning District to a Mixed- Use Planned Unit Development (MPUD) to be known as the Mercato MPUD permitting a maximum of395,000 square feet of retail floor space, 100,000 square feet of office space, and a maximum of 80 hotel units is permitted within the 27.7-acre Mixed Use tract and 175 residential dwelling units in a mixed-use area and on a 10.67 acre Residential Tract resulting in a density of 3.3 units per acre. The property is located on the northeast quadrant of Vanderbilt Beach Road (CR-862) and Tamiami Trail North (US- 41) in Section 34, Township 48 South, Range 25 East. Ordinance 2005-58 D. This item has been continued from the October 25. 2005 BCC Meetin2 to the November 1. 2005 BCC Meetin{! and was further continued to the Page 22 November 15-16, 2005 - ."-.-_._----~,_.-.~-~-_._,~_.,.._---,..__._..~---- November 15.2005 BCC Meetin{!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. DRIABN-2004-AR-625I Collier Development Corporation (CDC) represented by George Varnadoe, ofCheffy, Passidomo, Wilson & Johnson, LLP, requesting abandonment of a Development of Regional Impact (DR!) for the CDC DRI approved in DR! Development Order 862, approved on November 10, 1986 because the proposed changes to the PUD will reduce the Project below the applicable criteria for a DR!. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50 South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of 2,416.08 acres. Companion to PUDZ-A-2004-AR-6126 - Sabal Bay PUD (Companion to Item #17E - PUDZ-A-2004-AR-6126) Resolution 2005-396 E. This item has been continued from the October 25. 2005 BCC Meetin{! to the November 1. 2005 BCC Meetin{! and was further continued to the November 15.2005 BCC Meetin2. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members PUDZ-A-2004-AR-6l26 WCI Communities, Inc., and CDC Land Investments, Inc., represented by Richard D. Yovanovich, Esquire, of Goodlette, Coleman & Johnson, P.A. and Robert J. Mulhere, AICP, ofRW A, Inc., requesting a rezone from the Planned Unit Development (PUD), Agricultural-Special Treatment area (A-ST) and Agricultural (A) zoning districts to the Mixed Use Planned Unit Development (MPUD) zoning district, for a Project to be known as the Sabal Bay PUD. A portion of the site is currently known as the CDC PUD or Collier DR!. The proposed Project will include a residential component consisting of a maximum of 1,999 varied housing type units and golf course, commercial uses, recreation/village center uses, and public facility uses, preserve areas and rights-of-way. The property is located south of Thomasson Drive, south and west of U.S. 41, north and west of the Wentworth PUD, and east of the Naples Bay Intercoastal Waterway. The property is in Sections 23, 24, 25, 26 and 36, Township 50South, Range 25 East, and Section 19, Township 50 South, Range 26 East, Collier County, Florida, consisting of2,416.08 acres. (Companion to agenda item #17D - DRIABN-2004-AR-6251) Ordinance 2005-59 Page 23 November 15-16, 2005 ....""_._".___~_W~",,·... .."'_._.'"____..~.."._.._"._.___~."_ F. This item has been continued from the October 25. 2005 BCC Meetin!! to the November 1. 2005 BCC Meetin!! and was further continued to the November 15.2005 BCC Meetin{!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7909 Lodge Abbott and Associates, LLC, represented by Richard D. Y ovanovich, of Goodlette, Coleman and Johnson, PA, is requesting a 2-year extension of the Cocohatchee Bay PUD. The subject property, consisting of 532 acres, is located on the northwest corner of Wiggins Pass Road and Vanderbilt Drive, in Sections 8, 16, 17, and 20, Township 48 South, Range 25 East, Collier County, Florida. Resolution 2005-397 G. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, as amended, The Public Vehicle for Hire Ordinance; providing for inclusion into the Code of Laws and Ordinances; providing for conflict and severability; providing a delayed effective date. Ordinance 2005-60 H. Resolution of the Board of County Commissioners of Collier County, Florida, requesting the Redesignation of the Immokalee Enterprise Zone, providing reasons for Redesignation, and providing an Effective Date. Resolution 2005-398 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 24 November 15-16, 2005