Loading...
Recap 02/14/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA February 14,2006 9:00 AM Frank Halas, Chairman, District 2 Jim Coletta, Vice-Chairman, District 5 Donna Fiala, Commissioner, District 1 Tom Henning, Commissioner, District 3 Fred W. Coyle, Commissioner, District 4 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 VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Page 1 February 14, 2006 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 A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE 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. January 10,2006 - BCC/Regular Meeting Approved as presented - 5/0 C. January 11,2006 - BCC/LDC meeting Approved as presented - 5/0 D. January 24,2006 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation offering our appreciation and thanks to the Veteran's Transportation Program's volunteer drivers, office staff, and their families. To be accepted by Jim Elson, President of the Collier County Veterans Council. Adopted - 5/0 Page 2 February 14, 2006 5. PRESENTATIONS A. Presentation of the Advisory Committee Outstanding member Award to Herbert Rosser Savage. Presented B. Presentation by the City of Naples in appreciation for the County's assistance after Hurricane Wilma. To be presented by City Manager Dr. Robert Lee and Mayor Bill Barnett. Presented 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 Y.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition CU-2004-AR- 5439, Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting a Conditional Use of the "E" Estates district for earth mining per Table 2, Section 2.04.03 of the Land Development Code (LDC). The property is located between 54th Avenue N.E. and 56th Avenue N.E., Golden Gate Estates Unit 45, in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Companion Item: V A-2004-AR-5438 Continued to February 28, 2006 - Approved 4/1 (Commissioner Coyle opposed) B. This item requires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition V A-2004-AR- 5438 Darryl J. Damico, represented by Beau Keene, P.E., of Keene Engineering, requesting an after-the-fact variance from Section 4.02.02C of the Land Development Code (LDC) of the Estates Zoning District for earth mining to exceed the maximum site area (20 acres). The property is located between 54th Avenue N.E. and 56th Avenue N.E., in Section 4, Township 48 South, Range 28 East, Collier County, Florida. Resolution 2006-35 - Adopted w/CCPC stipulations 3/2 (Commissioner Halas and Commissioner Coyle opposed) 8. ADVERTISED PUBLIC HEARINGS Page 3 February 14, 2006 A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2005-AR- 7824 Pawel and Teryl Brzeski, represented by Gary Butler, of Butler Engineering, Inc., requesting a second two-year extension of the Magnolia Pond Planned Unit Development (PUD) granted by Ordinance Number 98- 49, and extended until June 9, 2005 by Resolution Number 04-284, pursuant to LDC Section I 0.02.13.D. The subject property, consisting of 42.05 acres, is located on Magnolia Drive, west of Collier Boulevard, between 1-75 and the Golden Gate Canal, in Section 34, Township 49 South, Range 26 East, Collier County, Florida. Motion to Deny - Approved 5/0: Resolution of Denial 2006-36 to be prepared by the County Attorney's Office B. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-2004-AR-6932; R & S Development Company, LLC, represented by Kelly Michelle Smith, of Davidson Engineering, Inc., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a residential development to allow a maximum of 60 dwelling units, to be known as Sandalwood RPUD. The property to be considered for this rezone is located west of Livingston Road, just south of Mediterra, in Section 13, Township 48 South, Range 25 East, in Collier County, Florida and consists of 20.58 acres. Motion Failed for Lack of Super Majority 3/2 (Commissioner Coyle and Commissioner Halas opposed): Resolution of Denial 2006-37 to be prepared by the County Attorney's Office C. This item was continued from the Januarv 24. 2006 BCC Meeting and is being reQuested to be further continued to the Februarv 28. 2006 BCC Meeting. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDEX-2005- AR-8478: Rookery Bay Business Park, LLC, represented by Wayne Arnold, of Q. Grady Minor and Associates, P.A. and R. Bruce Anderson, ofRoetzel & Andress, is requesting a 2-year extension to the ASGM Business Center of Naples PUD. The PUD was originally approved on October 8, 2002 as Ordinance 02-47, and sunset on October 8, 2005. The subject property, consisting of 40.88 acres, is located on the east side of Collier Boulevard, approximately of a mile south of Manatee Road, in Section 10, Township 51 South, Range 26 East, Collier County, Florida. Motion to continue to the 1 st BCC Meeting in June 2006 - Page 4 February 14, 2006 Approved 5/0 Continued to the February 28, 2006 BCC Meeting D. Recommendation that the Board of County Commissioners adopt an Ordinance amending Schedule Seven 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 Collier County Emergency Medical Services Impact Fee Update Study, establishing methodology for the annual indexing adjustment to the Emergency Medical Services Impact Fee Rates, and providing for a delayed effective date of April 3, 2006. Motion to continue to the February 28, 2006 BCC Meeting - Approved 5/0 Moved from Item #16C3 E. Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. Resolution 2006-38 - Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Land Acquisition Advisory Committee. Resolution 2006-30: Re-appointing Willis P. Kriz; Wayne Jenkins and appointing Kevin G. Kacer and Stan Weiner to fill the remainder ofthe term - Adopted 5/0 B. Appointment of members to the Pelican Bay MSTBU Advisory Committee. Resolution 2006-31: Re-appointing Edward V. Staros and appointing David J. Bramson and Coleman J. Connell- Adopted 5/0 C. Appointment of members to the Code Enforcement Board. Resolution 2006-32: Appointing Justin DeWitte as a regular member and David Cook and Kenneth Kelly as alternate members - Adopted 5/0 Page 5 February 14, 2006 D. Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2006-33: Appointing Edward A. Wood - Adopted 5/0 E. Discussion regarding the Collier County Ordinance No. 1995-66, as amended, regarding the Collier County Public Vehicle for Hire Ordinance to consider providing direction to change the language regarding trade names for companies. (Commissioner Henning) To amend Ordinance to include a grandfather clause and to assist Maxi Taxi with a temporary CTO; and to forward on to the PV AC Advisory Committee for recommendation - Approved 5/0 F. Discussion to approve a conceptual plan to acquire, in fee-simple or reduced price, current government-owned lands for earth mining and/or affordable housing (Commissioner Henning). County Manager to develop conceptual plan - Consensus 10. COUNTY MANAGER'S REPORT A. Recommendation for the approval of the third Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue projects recommended within the A-Category. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) . Brochu - To remain in Category A - Approved 3/2 (Commissioner Henning and Commissioner Coyle opposed) . Caribbean Gardens (Fleischmann Parcel #2) Move to Category B - Approved 5/0 . Milano - To remain in Category A - Approved 4/1 (Commissioner Henning opposed) . Peters - To remain in Category A - Failed 2/3 (Commissioner Halas, Commissioner Coyle and Commissioner Henning opposed); Move to Category B - Approved 4/1 . Schutt - To remain in Category A - Approved 5/0 . Winchester Head - Move to Category B - Approved 5/0 . Talon - Move to category C - Approved 4/1 (Commissioner Halas opposed) A final motion was made to approve the list as amended - Approved 4/1 (Commissioner Henning opposed) Page 6 February 14, 2006 B. Request from the Collier County Housing Development Corporation that the Board of County Commissioners of Collier County donate the residential portion of the Bembridge PUD to be used for Affordable-Workforce Housing. (Joseph K. Schmitt, Community Development and Environmental Services Administrator) Direct staff to work with Housing Administration and to seek direction from the Attorney General- Approved 5/0 C. Recommendation to adopt a superseding 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 Rattlesnake Hammock Road to Davis Boulevard. (Capital Improvement Element No. 33, Project No. 60 I 0 I). Estimated fiscal impact: $5,809,000.00. (Norman Feder, Administrator, Transportation Services) Resolution 2006-39 - Adopted 4/0 (Commissioner Coyle out) D. This item to be heard at 11:30 a.m. Request direction to staff to proceed with its due diligence review and contract preparation of proposed land exchange between Collier County and City of Marco Island. (Jim DeLony, Administrator, Public Utilities) Approved - 5/0 E. Recommendation to approve award of bid 06-3941 in the Amount of $3,559,343 to Akerman Construction Company Inc. for the construction of the Potable Water Main along U S 41 from Lely Canal approximately 1600 feet east of Rattlesnake Hammock Road and US 41 Intersection to Barefoot Williams Road Project 71059. (Jim DeLony, Administrator, Public Utilities) Approved - 4/0 (Commissioner Coyle out) F. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-3583 CEI Services for Collier Boulevard Road Projects for Project No. 65061 Collier Boulevard, Golden Gate Boulevard to Immokalee Road in the amount of $1 ,663,792.80. (Norman Feder, Administrator, Transportation Services) Approved - 4/0 (Commissioner Coyle out) G. This item to be heard at 4:00 p.m. Presentation of options regarding user fees for the Vanderbilt Beach Parking Garage. (Marla Ramsey, Administrator, Public Services) Page 7 February 14, 2006 Motion for there to be no beach parking charge for residents of Collier County with a beach sticker and a $6.00 charge for non-residents at all beach locations; and to be brought back in one year to discuss the revenue at the budget hearings - Approved 4/0 (Commissioner Coyle out) H. Recommendation that the Board of County Commissioners adopt a Resolution calling for a Referendum Election on November 7, 2006 to determine whether voters approve continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 to continue to fund the Conservation Collier Program's acquisition and management of environmentally sensitive lands even after the $75 million dollar bond issue previously authorized by referendum on November 5, 2002 for such acquisition and management has been spent. (Joseph Schmitt, Administrator, Community Development; Michael Pettit, Assistant County Attorney) Committee to bring back for clarification and amount of the cap at a future BCC Regular Meeting - Approved 4/0 (Commissioner Coyle out) I. Recommendation to approve Collier County's Fiscal Year 2007 Federal Legislative Agenda. (Debbie Wight, Assistant to the County Manager) Approved - 4/0 (Commissioner Coyle out) Moved from Item #16B7 J. Recommendation to approve a Resolution authorizing removal of a non- warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. Resolution 2006-34 - Adopted w/stipulations 4/1 (Commissioner Coyle opposed) Moved from Item #16F4 K. Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business. Resolution 2006-40 - Adopted 4/0 (Commissioner Coyle out) Moved from Item #16F3 L. Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on Emergency/Disaster Recovery Advertising from May 25,2004 to Present in the amount of $27, 113.50. Page 8 February 14, 2006 Approved - 3/1 (Commissioner Henning opposed and Commissioner Coyle out) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Kenneth Thompson - (not present, item addressed by Jim Mudd for Mr. Thompson) in regard to recycle bin being run over - Mr. DeLony to take care of situation. B. Phil Osborne - regarding a 4 month temporary use permit (Motion made to authorize staff to issue a 4 month temporary use permit - Approved 4/0 (Commissioner Coyle out); Commissioner Coletta requested a follow-up report 12. COUNTY ATTORNEY'S REPORT A. Recommendation that the Board of County Commissioners, pursuant to Section 286.011(8), Fla. Stat., meet in executive (closed attornev-client) session at 12:00 p.m. on Tuesdav. Februarv 14.2006, to discuss settlement negotiations and/or strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et. aI., Case No. 02-1702-CA pending in the Twentieth Judicial Circuit in and for Collier County, Naples, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Assistant County Attorney Ellen T. Chadwell; Craig B. Willis, Esquire; and County Manager James V. Mudd. Closed Session Time Certain 1:00 p.m. (Companion to Item #12A) B. Recommendation that the Board of County Commissioners reject the settlement offer proposed by John P. Cardillo, Esquire on behalf of the North Naples Fire Control and Rescue District and give direction to outside counsel, Craig B. Willis, Esquire, and the Office of the County Attorney regarding counter-offers and litigation strategy in the case of Collier County v. North Naples Fire Control and Rescue District, et al., Case No. 02-1702- CA (Goodlette-Frank Road Project No. 60134). Rejection of Settlement Offer - Approved 5/0; Consensus to continue negotiations C. This item was continued from the Januarv 24. 2006 BCC Meeting. Recommendation that the Board of County Commissioners adopt a Resolution Superseding Resolution No. 94-136, and providing guidelines for consideration of applicants for appointment to Advisory Boards. Page 9 February 14, 2006 Motion to continue to the March 28, 2006 BCC Meeting - Approved 4/0 (Commissioner Coyle out) D. Consider Proposed Settlement Agreement in reference to the lawsuit entitled Gordon Douglas v. Collier County Case no. 2:04-CV-545-FtM-33 DNF, now pending in the United States District Court for the Middle District Court for the Middle District of Florida, Fort Myers Division, and give direction to County Attorney regarding the litigation. Approved - 3/1 (Commissioner Henning opposed and Commissioner Coyle absent) E. Recommendation To Approve A Resolution To Establish The Habitat Conservation Plan Advisory Committee As An Ad-Hoc Committee; Providing For Creation And Purpose; Providing For Terms, Appointment Of Members, And Failure To Attend Meetings; Providing For Officers, Quorum, And Compensation; Providing Functions, Powers, And Duties; Providing For Dissolution Of The Committee; And Superseding Resolution No. 2005-174 In Its Entirety. Resolution 2006-41- Adopted 4/0 (Commissioner Coyle absent) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Jim Mudd regarding the Conservancy and the purchasing of the Caribbean Gardens property. B. Jim Mudd clarifying the June BCC schedule: June 6 and June 20, 2006 and Budget Workshops on June 22, 23 and wrap-up on June 26, 2006 if needed. C. Commissioner Henning regarding the purchase of Collier private lands D. Commissioner Halas regarding a letter to the Governor to speak at a breakfast regarding the Legislative Consortium - Approved 4/0 (Commissioner Coyle absent). E. Commissioner Halas regarding a dedication to Mr. Ken Abernathy; Collier County Planning Commission, for services to the County. 16. CONSENT AGENDA - All matters listed under this item are considered to be Page 10 February 14, 2006 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 for recording the final plat of "Fiddlers Creek South Commercial Center", approval ofthe standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations 2) Recommendation to approve for recording the final plat of "Treviso Bay", approval of the standard form Construction and Maintenance Agreement and approval ofthe amount of the performance security. W Istipulations 3) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Glen of Naples". The roadway and drainage improvements will be privately maintained. Resolution 2006-22 w/release of maintenance security 4) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park". The roadway and drainage improvements will be privately maintained. Resolution 2006-23 w/release of maintenance security 5) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Forest Park Phase II". The roadway and drainage improvements will be privately maintained. Resolution 2006-24 w/release of maintenance security 6) Recommendation to approve for recording the final plat of "Artesia Naples", approval ofthe standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W Istipulations Page 11 February 14, 2006 Continued to the February 28, 2006 BCC Meeting 7) Recommendation to approve for recording the final plat of "Brentwood Two". 8) Recommendation to approve an Interim Management Plan for the McIntosh property under the Conservation Collier Land Acquisition Program. At a cost of $75,200 over two years 9) Recommendation to authorize the County Manager, or his designee, to submit a Florida Humanities Council mini-grant proposal to fund an interpretive trail project at the Conservation Collier Otter Mound Preserve for $5,002 (of which $2,000 will be reimbursable). To develop public programs and resources that explore Florida's history, literary and artistic traditions, cultural values and ethics. 10) Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to a change in ownership and the subsequent recording of new deferral agreements in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. Located at 1204 and 1225 Allegiance Way, Immokalee 11) Recommendation to approve two impact fee Satisfactions of Lien for two individual properties due to the deferred impact fees being repaid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. Located at 627 Clifton Road and 1240 Allegiance Way, Immokalee 12) Recommendation that the Collier County Board of County Commissioners approve a budget amendment totaling $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. As Detailed in the Executive Summary (Companion Item 16Gl) Page 12 February 14, 2006 13) Recommendation to authorize an additional permanent position of Supervisor for a new work team being established to provide improved land use project review and permitting application intake service within the Community Development and Environmental Services Division at a total budgeted cost of$58,500 for all salary, benefits, taxes and operational expenses. As Detailed in the Executive Summary 14) Recommendation to authorize the County Manager or his designee to sign a police affidavit against trespass at the Railhead Scrub Preserve pursuant to the Railhead Scrub Preserve Interim Management Plan. To discourage illegal dumping and trespassing 15) Recommendation that the Board of County Commissioners waive the formal competition process and solicit quotes to select a consultant to update the General Government Building Impact Fee due to an accelerated date of completion required to meet deadlines set forth by proposed legislation related to statutory guidance on impact fees. As Detailed in the Executive Summary B. TRANSPORTATION SERVICES 1) Recommendation to award bid #06-3934 "Pine Ridge Road 1 1-75 Interchange Streetscape Beautification Project" landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $185,416.83 plus a 10% contingency of $18,541.68 for a total of $203,958.51. (Project #740461) 2) Recommends Board's Approval of Adopt-A-Road Agreement (1) for the following: ASAP Signing Agency of Ana Patino, Inc. To perform litter removal in accordance with instruction contained in the agreement 3) Recommendation to approve selection committee ranking of three firms for negotiations for RFP 06-3931 "Professional Design and Related Services for Golden Gate Boulevard from Wilson Boulevard to Desoto Boulevard, Project No. 60040. Stanley Consultants, Parson Brinckerhoff Quade and Douglas, and WilsonMiller Page 13 February 14, 2006 4) Recommendation to approve a Sale and Purchase Agreement for the sale of County owned property located North of Golden Gate Parkway and East of Goodlette- Frank Road. (Estimate fiscal impact $465,240.90). As Detailed in the Executive Summary 5) Recommendation to approve and execute a Drainage and Pond Usage Agreement and to accept a Non-exclusive Drainage Easement from Royal Poinciana Golf Club, Inc., necessary for the construction of roadway, drainage and utility improvements required for the six-lane expansion of Goodlette- Frank Road from Golden Gate Parkway to Pine Ridge Road. (Project No. 60005). (Fiscal Impact: $27.00) 6) Recommendation to award bid #06-3933 "Golden Gate Boulevard Phase II" from 29th Street SW to 13th Street SW landscape and irrigation installation to Hannula Landscaping, Inc. at a base amount of $622,424.86 plus a 10% contingency of $62,242.48 for a total of $684,667.34. (Project #600221) Moved to Item #10J 7) Recommendation to approve a Resolution authorizing removal of a non-warranted traffic signal from the intersection of Radio Road at Kings Way/Briarwood Boulevard. Removal of the traffic signal poles and equipment will cost approximately $4,000. 8) Recommendation to approve a Change Order to add $93,740.70 for waterline inspection and $149,055.07 for sewer inspection to Johnson Engineering, Inc. under ITQ 04-3583 CEI Services for Collier County Road Projects for Project No. 60018 "Immokalee Road Project from Collier Blvd to 43rd Ave NE". in the total amount of$242,795.77. 9) Recommendation to accept a funding agreement with the South Florida Water Management District to share a portion of the construction cost of the Lely Area Stormwater Improvement Project Phase I in the amount of $400,000. 10) Recommendation to seek Board approval of a resolution authorizing execution of a County Incentive Grant Program (CIGP) Agreement and a Memorandum of Agreement with the Florida Department of Transportation to fund the Project Development and Environment Page 14 February 14, 2006 (PD&E) study for SR 82 from the Lee County line to SR 29 with the County's obligation being $500,000. Resolution 2006-25 11) Recommendation to award bid #06-3935 "US 41 Tamiami Trail North Phase IV Streetscape Beautification Project" from Immokalee Road to Wiggins Pass landscape and irrigation installation to Vila & Son Landscaping, Corp. with a base amount of $347,437.76 and 10% contingency of $34,743.77 for a total of $382, 181.53. (Project #600241 ) 12) Recommendation to approve a Work Order in the amount of$152,486 to PBS&J for design of the North Road Ditch Improvements Project (Project No. 511381), in accordance with the Transportation Planning Services Contract No. 02-3371 and to approve a budget amendment in the amount of$30,000. To enclose the 4,100 foot long roadside ditch that runs down the south side of North Road and replacing it with an adequate stormwater pipe system 13) Recommendation to authorize County Manager or his designee to enter into a Work Order in the amount of$114,519.50 with Carter & Burgess Inc. for a Transportation Planning and Preliminary Engineering Study for the Bayshore/Gateway Triangle area. 14) Approve a Budget Amendment recognizing the Fiscal Year 2005 - 2006 Collier Area Transit (Fund 426) Federal Transportation (FT A) 5307 and State Block Grant 5311 Revenue allocations and establish corresponding program expense budgets via budget amendment. C. PUBLIC UTILITIES 1) Recommendation to approve payment of invoices for uniform items in the total amount of$4,967.50. Hats and shirts were purchased and furnished to the various crew members during recovery efforts following Hurricane Wilma 2) Recommendation to approve Work Order HS-FT-3785-06-04 with Hazen & Sawyer, P.C., for professional engineering services for the South County Regional Water Treatment Plant Reverse Osmosis (RO) Page 15 February 14,2006 Well field Four New Reliability Potable Water Wells in the amount of $748,432, Project Number 71051. To provide reliable water supply for the new 12 million gallons per day expansion at the South County Regional Water Treatment Plant Moved to Item #8E 3) Recommendation to approve a Resolution of the Collier County Board of County Commissioners adopting Collier Countys South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20 Million Gallons per Day (MGD) Facilities Plan, December 2005, allow this Plan to be submitted to the Florida Department of Environmental Protection, and authorize the County Manager or his designee to carry out responsibilities under the FDEP Low Interest Loan Program. 4) Recommendation to approve a Change Order to Work Order No. AB- 040-06-02 with Angie Brewer and Associates, L.C. in the amount of $99,634.00 under Sarasota County Contract No. 2003-040 for State Revolving Funds Loan Procurement Services from The Florida Department of Environmental Protection for the South County Regional Water Treatment Plant Reverse Osmosis Well field Expansion to 20 Million Gallons per Day (MGD); Project Number 708921. To produce sufficient reliable raw water for the previously approved SCRWTP 12-MGD RO Expansion and increase the plant's finished water Reverse Osmosis capacity to 20 MGD 5) Recommendation to award Work Order CDM-FT-3593-06-03 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and engineering services for well site evaluation and transmission main study for water supply for the next phase of development for the NER WTP the amount of $771 ,302.00, Project Number 70899. To provide a water supply for the Northeast Regional Water Treatment Plant (NERWTP) necessary to meet the demand in the Northeast area of the County and to stay in compliance with regulatory requirements 6) Recommendation to award Work Order CDM-FT-3593-06-04 with Camp, Dresser, and McKee, Inc., for professional hydrogeologic and Page 16 February 14, 2006 engineering services related to the reliability water supply wells for the North County Regional Water Treatment Plant in the amount of $975,026, Project Numbers 71006 and 71011. To provide reliable water supply for the North County Regional Water Treatment Plant (NCRWTP) to meet operational and reliability needs and demand in Collier County and to stay in compliance with regulatory requirements 7) Recommendation to approve a Budget Amendment for $68,420.75 for South County Water Reclamation Facility Process Control Building Expansion (Project 72509) to reimburse money that did not roll forward from fiscal year 2005 to fiscal year 2006. 8) Recommendation to award Work Order CHM-FT-3291-06-01 under Fixed Term Contract 01-3291 to CH2M HILL, Inc. in an amount of $31,000.00 for Time and Materials to provide Construction Engineering Inspection services to serve the North County Water Reclamation Facility (NCWRF), and approve the necessary Budget Amendment in the amount of$1 00, 121.00 for Project Number 73966, NCWRF Bleach System. To enhance the reliability and safety of the chlorine bleach system and the North County Water Reclamation Facility (NCWRF) and to enhance the operator ability to manage and control the amount of bleach that each chlorine contact chamber receives to ensure compliance with regulatory provisions 9) Recommendation to award Work Order MPI-FT-3785-06-06, Landfill Gas- To-Energy Project Development Assistance for Collier County, with Malcolm Pirnie, Inc., Project 59004, in the amount of$215,000 and authorize the County Manager or his designee to execute the Work Order. To secure technical expertise and oversight to Collier County's contractor, Waste Management Inc, designed to make use of the landfill gas which is currently being burned off by means of a flare D. PUBLIC SERVICES 1) Recommendation to Adopt a Resolution to Declare a Public Purpose and Allow Collier County Domestic Animal Services to Create a Page 17 February 14, 2006 Trust Account for the Solicitation, Receipt, and Expenditure of Donations to Collier County Domestic Animal Services. Resolution 2006-26 2) Recommendation to expand a .8 Full Time Equivalent (FTE) position associated with Services for Senior's program to 1.0 FTE. To reduce the number of individuals on the wait list for case management services and increase the amount of spending within the Community Care for the elderly 3) Report expenditure of Direct Material Purchase program funds associated with additive Change Order #20 for North Collier Regional Park. To complete the North Collier Regional Park in an efficient and cost-effective manner E. ADMINISTRATIVE SERVICES 1) Recommendation to approve and execute a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2006 calendar year. Resolution 2006-27 2) Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners, Collier County, Florida, to execute Agreements, Deeds, and other documents required for the sale of GAC Land Trust property during the 2006 Calendar Year. Resolution 2006-28 3) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. To enable the board to oversee the execution of administrative change orders and changes to work orders, and promote accountability in the use of staff authority; December 17, 2005 through January 19,2006 4) Recommendation to Approve Standard Form Design-Build Contract for Use in the Acquisition of Design and Construction Services From a Single Firm. Page 18 February 14, 2006 To ensure that the needs and interests of Collier County government are clearly set forth and protected contractually in one of the agency's more significant acquisition agreements 5) Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for office space to house the State Attorney's Economic Crime Unit at a first year's annual cost for rent and CAM of$72,018.79, Fund 001, and communications systems cost of $12,454, Fund 178. 6) Recommendation to approve and execute the attached Lease Agreement with Horseshoe Drive Development, L.C. for temporary office space to house accommodate the expansion of the Information Technology Departments Data Center Operation at a first year annual cost of$125,545.50 and relocation expenses of$282,745. To relocate staff to make room for an urgent expansion of the Data Center in the Administration Building 7) Recommendation to declare certain county-owned property as surplus, authorize a sale of the surplus property on March 11, 2006 and authorize the donation of certain surplus property to the City of Everglades and the Collier County Sheriffs Office. To dispose of the County's surplus property in a lawful, cost effective and public manner F. COUNTY MANAGER 1) Recommend Approval of Change Order #1 for Contract # 03-3537 with Paradise Advertising and Marketing, Inc. for media advertising and production in the amount of$ 148,384.19 and authorizing the County Manager or his designee to execute Change Order #1 after approval by the County Attorneys Office. As Detailed in the Executive Summary 2) Recommend Approval of Second Amendment to the Tourism Agreement For Emergency/Disaster Relief Advertising Plan with Paradise Advertising and Marketing, Inc. To compensate the agency for their time in creating the emergency plan, research and place the media, create and Page 19 February 14, 2006 produce the advertising, verify placement and pay for the media placed Moved to Item #10L 3) Recommend Approval to Pay Paradise Advertising & Marketing, Inc. for Commissions Due on Emergency/Disaster Recovery Advertising from May 25, 2004 to Present in the amount of$27,113.50. Moved to Item #10K 4) Recommend Approval of an Amendment to County Resolution # 2004-370 Covering a Policy for the Approval of Funds for Travel Expenses for Persons Conducting Official Tourism Business. 5) Recommend approval of a $243,663.86 cost increase in TDC funds to the City of Naples grant for the dredging of Doctor's Pass, Project No. 905501 and approve all necessary budget amendments. The total revised cost of the grant will be $842,163.86. Due to increases in fuel, changes in scheduling and possible weather problems stemming from a later commencement date of work 6) Recommendation to award RFP# 05-3875 Hurricane Evacuation Study in the amount of$39,800 to Dewberry & Davis LLC and approve a Budget Amendment to fund the study. To provide a Hurricane Evacuation Study to update the County's original evacuation study completed in 2001 7) Recommendation to approve a Fourth Amendment to Lease Agreement with Gulf Shore Associates, Limited Partnership, for the continued use of office space by the Pelican Bay Services Division at a first year's annual rent and Common Area Maintenance fees of $27,353. The renewal period will run from February 28, 2006 to February 28, 2007, with an additional one-year extension option under the same terms and conditions as original Lease Agreement and subsequent 8) Recommendation to approve a grant agreement to receive $75,000 from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for the Near Shore Reef Mooring Buoys project and approve all necessary budget amendments. Page 20 February 14, 2006 The project will identify, protect and educate visitors and residents about these critical coral reef natural resources, while providing a recreational opportunity for boaters 9) Approve budget amendments. (#06-115) Ochopee Fire Control District funds are needed to purchase equipment to outfit the new Fire Apparatus recently obtained to replace outdated vehicles 10) Recommendation to approve Amendment No. I to Contract 05-3854 "Collier County Beach Re-nourishment" (Project 90527) with Great Lakes Dredge & Dock Company, LLC which documents contract negotiations leading up to a final contract and increases the sand quantity due to post design erosion for an additional $1,035,287. As Detailed in the Executive Summary 11) Recommendation to approve a letter to the Florida Department of Health concerning Naples Community Hospital Healthcare System's Certificate of Public Convenience and Necessity for non-emergency ambulance service and authorize signature by the Chairman. Concerning the late submission by Naples Community Hospital Healthcare System's renewal of its Certificate of Public Convenience and Necessity G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of $250,000 from FY06 Fund 186 reserves to assist with the establishment of a Florida State University School of Medicine rural health training center in Immokalee. (Companion item to the Board of County Commissioners budget amendment approval under 16A 12) As Detailed in the Executive Summary H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Tom Henning requesting reimbursement for attending a function serving a valid public purpose. Commissioner Henning to attend the Economic Development Council's 30th Page 21 February 14,2006 Anniversary of Economic Development at the Naples Beach Hotel and Golf Club on January 30, 2006. $60.00 to be paid from Commissioner Henning's travel account. Located at 851 Gulf Shore Boulevard North 2) Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Gulf Citrus Best Management Practices (BMP) Kickoff Event scheduled on February I, 2006 and is requesting reimbursement in the amount of $10.00, to be paid from his travel budget. Located at A. Duda & Sons facilities on State Road 29 3) Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. To attend the Annual Gulf Citrus Country Gala on Saturday, March 18, 2006 at the LaBelle Civic Center; $50.00 to be paid from Commissioner Fiala's travel budget. Located at 481 State Road 80, LaBelle 4) Commissioner Fiala requests Board approval for reimbursement for funds paid to attend a function serving a valid public purpose. Commissioner will be attending the 2006 Humanitarian Award Luncheon on February 23, 2006 at the Ritz-Carlton Beach Resort; $125.00 to be paid from Commissioner Fiala's travel budget. Located at 280 Vanderbilt Beach Road 5) To adopt a Resolution in support of the Public Safety Coordinating Council's Resolution No. 2006-01 for support in attaining additional Judges, Assistant State Attorneys, Assistant Public Defenders and supporting personnel for the Judicial System of Collier County. Resolution 2006-29 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS Page 22 February 14, 2006 1) Recommend that the Board of County Commissioners designate the Sheriff as the official Fiscal Year 2006 Applicant and Program Point- of-Contact for the United States Department of Justice, Bureau of Justice Assistance, Edward Byrne Memorial Justice Assistance Grant (JAG) Program, accept the Grant when awarded, and approve applicable budget amendments. As Detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to approve the Offer of Judgment in the amount of $17,365.00 as to Parcel 148 in the lawsuit styled Collier County v. Regent Park Cluster Homes Association, Inc., et al., Case No. 04- 3452-CA (Immokalee Road Project No. 66042). (Fiscal Impact $2,265.00) 2) Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel No. 167B in the lawsuit styled Collier County v. Andy R. Morgan, et al., Case No. 02-5 I 69-CA (Immokalee Road Phase Two Project 60018). (Fiscal Impact $48,431.00) 3) Recommendation that the Board of County Commissioners approve a Settlement Agreement and Release with Ajax Paving Industries, Inc. and/or Ajax Paving Industries, Inc. of Florida arising out of the construction project to widen Goodlette-Frank Road between Pine Ridge Road and Vanderbilt Beach Road in Collier County (Contract No. 02-3424). As Detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners approve the Issuance of Music Festival License for Radio Fiesta Special Event, pursuant to Ordinance No. 70-11. To be held at the Immoka1ee Airport grounds Sunday, February 12, 2006 from 11 :00 a.m. to 8:00 p.m. 5) Recommendation that the Board of County Commissioners accept $250,000.00 to resolve all disagreements between Collier County and Hansen Information Technologies and deem Contract 03-3500 for "Land Use and Permitting Software Application" terminated for Page 23 February 14, 2006 convemence. 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. Withdrawn A. Recommendation that the Board of County Commissioners adopt an Ordinance consenting to the exercise by the Board of Supervisors of Tuscany Reserve Community Development District of certain additional powers relating to public improvements and community facilities. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 24 February 14, 2006