Recap 07/25/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
July 25,2006
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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
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,
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July 25, 2006
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.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5)
MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Josh Perez, New Hope Ministries
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 w/changes (minus Item #17H) - 5/0;
Motion taken to approve Item #17H - 4/0 (Commissioner Henning
abstaining)
B. May 31, 2006 - BCC/District 5 Townhall Meeting
Approved as presented - 5/0
C. June 6-7, 2006 - BCC/Regular Meeting
Approved as presented - 5/0
D. June 9, 2006 - BCC/Post-Legislative Workshop
Approved as presented - 5/0
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July 25, 2006
E. June 13,2006 - BCC/PUD Monitoring Workshop
Approved as presented - 5/0
F. June 13,2006 - BCC/Productivity Committee Workshop
Approved as presented - 5/0
G. June 20-21, 2006 - BCC/Regular Meeting
Approved as presented - 5/0
H. June 22, 2006 - BCC/Budget Hearing
Approved as presented - 5/0
I. June 23, 2006 - BCC/Budget Hearing
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Leo E. Ochs, Jr., Deputy County Manager
2) Jon Flomerfelt, Wastewater Lab
3) Marc Stephenson, Water
4) Bobby Paul, Wastewater Collections
5) Jesse Komomy, Water Distribution
Presented; Vicki Wilson was mentioned but not present
B. 25 Year Attendees
1) Daniel O'Brien, Transportation Road Maintenance
2) Daryl Hughes, Transportation Engineering Services
3) Millie Kelley, Wastewater Lab
Presented
4. PROCLAMATIONS
5. PRESENTATIONS
A. The Collier County Emergency Medical Services Department has adopted
the PHOENIX AWARD to recognize those EMS Paramedics, Firefighters
and Sheriffs Deputies, who through their skills and knowledge, have
successfully brought back to life individuals who had died. The "Phoenix" is
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July 25, 2006
a mythological bird that died and rose renewed from its ashes.
Presented
B. Presentation from Senator Burt Saunders to Mr. Larry Rice for Governor's
Points of Light Program.
Presented
C. To Recognize Mike Ossorio, Contract Licensing Officer, Building Review
and Permitting Division, as Employee of the Month for July 2006.
Presented
6. PUBLIC PETITIONS
A. Public Petition request by Mr. & Mrs. Charles O'Conner to discuss
permitting of pool enclosure destroyed by Hurricane Wilma.
Board recommendation that the petitioner proceed with the variance
petition process
B. Public Petition request by James Marshall to discuss lien on property at 820
20th Avenue NW imposed by the CEB.
Discussed
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item to be heard followinl!: Item 8A. This item was continued from
the June 20, 2006 BCC meetinl!:. This item requires that all participants
be sworn in and ex parte disclosure be provided bv Commission
members. ADA-20065-AR-9553, Rookery Bay Business Park, LLC,
represented by Roetzel and Andress, requesting an Administrative Appeal in
regards to PUDEX-2005-AR-8478 for ASGM Business Park PUD.
Appealing the decision of the Zoning Director (Administrative Official) on
tolling of time for PUD sunset review under Section 250-58 of the Collier
County Code of Ordinances and Chapter 67-1246, Section 16 of the Laws of
Florida (the special act) appealing the March 8, 2006 determination.
Petitioner request to withdraw petition; Motion to Withdraw -
Approved 5/0
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July 25, 2006
B. This Item continued to the September 12,2006 BCC Meetin2:. This item
requires that all participants be sworn in and ex parte disclosure be provided
by Commission members. CU-2005-AR-8046, Oliva Mulching and
Recycling Facility; Jaime and Demarys Oliva, represented by Coastal
Engineering Consultants, Inc., requesting a conditional use for a horticulture
recycling and mulching facility in the "A-MHO" Agricultural with Mobile
Home Overlay zoning district pursuant to LDC Section 2.03.08.A.3.a(3)(g)
which allows facilities for the collection, transfer, processing, and reduction
of solid waste in the Rural Fringe Mixed-Use District, Neutral Lands area,
consistent with the Future Land Use Element of the Growth Management
Plan. The subject property, consisting of 10.04 acres, is located three-
quarters of a mile east of Immokalee Road (CR 846) at 1340 Wild Turkey
Drive, in Section 26, Township 47 South, Range 27 East, Collier County,
Florida.
Motion to Continue to September 12, 2006 BCC Meeting - Approved
5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard before Item 7 A. This petition was continued from
Februarv 14, 2006 and was further continued to June 20, 2006 and has
been further continued to the Julv 25, 2006 BCC Meetin2:. 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, ofQ. Grady Minor
and Associates, P.A. and R. Bruce Anderson, of Roetzel & Andress,
requesting a two-year extension to the ASGM Business Center of Naples
PUD from October 8, 2005 to October 8, 2007. The subject property,
consisting of 40.88 acres, is located on the east side of Collier Boulevard
(CR 951), approximately one-quarter of a mile south of Manatee Road, in
Section 10, Township 51 South, Range 26 East, Collier County, Florida.
Resolution 2006-199 - Adopted 4/1 (Commissioner Halas opposed)
B. This item to be heard at 1 :00 p.m. Recommendation that the Board of
County Commissioners adopt an Ordinance amending Schedule Nine of
Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance)
providing for the incorporation by reference of the impact fee study entitled
Collier County General Government Building Impact Fee Update Study
dated May 8, 2006, amending the General Government Building Impact Fee
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July 25, 2006
Rate Schedule to reflect the amended rates set forth in the impact fee study,
providing for incorporation of requirements of the Florida Impact Fee Act,
specifying that only citizens of the United States or legal aliens who are
permanent residents of the United States can qualify for Impact Fee
Deferrals, increasing the number of impact fee deferrals permitted at any
single time for an individual developer and/or developments that are under
common ownership and providing for a delayed implementation date for the
change in the General Government Building Impact Fee rates of November
1, 2006.
Ordinance 2006-40 - Adopted w/stipulations 5/0
C. This item was continued from the June 20, 2006 BCC meetinl!: and is
further recommended to be continued to the September 12, 2006 BCC
meetinl!:. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2005-AR-8833,
Collier Publishing Company, Inc. d/b/a Naples Daily News, represented by
D. Wayne, Arnold, AICP, ofQ. Grady Minor & Associates, P.A., and R.
Bruce Anderson, Esquire, of Roetzel & Andress, L.P .A., requesting a
Business Park Planned Unit Development (BPUD) rezone from Rural
Agricultural (A) and Creekside Commerce Park PUD for project known as
Naples Daily News Business Park Planned Unit Development (BPPUD).
The subject property is located in Section 27, Township 48 South, Range 25
East, Collier County, Florida. (This is being submitted simultaneously with
the Creekside Commerce Park PUD as a Fast Track). (Petitioner's request.)
Motion to Continue to the September 12,2006 BCC Meeting-
Approved 5/0
D. This item was continued from the June 20, 2006 BCC meetinl!: and is
further recommended to be continued to the September 12, 2006 BCC
meetinl!:. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2005-AR-8832,
Creekside West, Inc., represented by D. Wayne Arnold, AICP, ofQ. Grady
Minor & Associates, P .A., and R. Bruce Anderson, Esquire, of Roetzel &
Andress, L.P.A., requesting a PUD Amendment to the Creekside Commerce
Park PUD. This amendment proposes to reduce the area of the Creekside
PUD by approximately 2.32 acres and rezone the area from Creekside
Commerce Park PUD to Naples Daily News Business Park PUD. The
subject property, consisting of 105 acres is located in Section 27, Township
48 South, Range 25 East, Collier County, Florida. (This application is being
submitted simultaneously with the Naples Daily News Business Park PUD
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July 25, 2006
and will be considered a Fast-Track). (Petitioner's request.)
Motion to Continue to September 12, 2006 BCC Meeting - Approved
5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Habitat Conservation Plan Ad Hoc Advisory
Committee.
Resolution 2006-189 Appointing Michael Seef - Adopted 5/0
B. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2006-190 Appointing Beth Barth - Adopted 5/0
C. Appointment of member to the lmmokalee Master Plan and Visioning
Committee.
Resolution 2006-191 Appointing William R. O'Neill- Adopted 5/0
D. Recommendation to declare a vacancy on the Development Services
Advisory Committee.
Resolution 2006-192 Adopted - 5/0
E. Appointment of member to the Collier County Housing Finance Authority.
Resolution 2006-193 Appointing Michael J. Carr, Sr. - Adopted 5/0
F. Appointment of members to the Emergency Medical Services Advisory
Council.
Resolution 2006-194 Appointing Nancy C. Lascheid and Dr.
Christopher Hamann (representing the Physicians Regional Medical
Center) - Adopted 5/0
G. Appointment of members to the lmmokalee Enterprise Zone Development
Agency.
Resolution 2006-195 Appointing Richard Rice (Immokalee Chamber)
and Denise Lujan Blanton (Local Business in Zone) - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. This item continued from the June 20-21.2006 BCC Meetin2.
Recommendation to approve an Agreement for Sale and Purchase with
Marie C. Brochu, for 9.26 acres under the Conservation Collier Land
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July 25, 2006
Acquisition Program, and a Utility Easement for the Collier County Water-
Sewer District, at a cost not to exceed $467,500. (Joseph K. Schmitt,
Administrator, Community Development and Environmental Services)
Approved w/changes - 4/1 (Commissioner Henning opposed)
B. Recommendation to adopt a resolution ordering and providing for holding a
ballot referendum election to determine if the freehold electors of the Forest
Lakes Roadway and Drainage Municipal Service Taxing Unit of Collier
County, Florida approve the issuance of $6,250,000.00 in bonds in order to
finance the provision and maintenance of improved roadway lighting,
roadway-related drainage and roadway restoration within the Forest Lakes
Roadway and Drainage Municipal Service Taxing Unit, and purposes
incidental thereto, payable from ad valorem taxes levied on all taxable
property within the Municipal Taxing Unit not exceeding four (4) mills.
(Norman Feder, Administrator, Transportation Services.)
To be tabled until later in the meeting - Consensus;
Resolution 2006-201 - Adopted - 5/0
C. This item was continued from the June 20, 2006 BCC meetinl!:.
Recommendation to approve the official naming of the Naples Sanitary
Landfill to the Collier County Landfill located at 3901 White Lake Blvd
Naples, Florida. (Jim DeLony, Administrator, Public Utilities)
Approved - 5/0
D. This item was continued from the June 20,2006 BCC meetinl!: and is
further continued to the September 12. 2006 BCC meetinl!:.
Recommendation to consider a request from Lehill Partners, LLC
specifically asking to overturn a staff denial of a request to change the
County recorded name and address of the Registry Resort to the Naples
Grande Resort and Club. (Joseph K. Schmitt, Administrator, Community
Development and Environmental Services)
E. Recommendation to q.ward Bid #06-3982 for Surfacing & Maintenance of
Limerock Roads in Collier County to 1) Primary, Florida Highway Products,
Inc. 2) Secondary, E. J. Breneman 3) Tertiary, NR Contractors for a
minimum annual amount of $1,700,000 and a maximum amount of
$10,000,000. (Norman Feder, Administrator, Transportation Services)
Approved - 4/0 (Commissioner Coletta absent)
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July 25, 2006
F. Recommendation to approve an alternative road impact fee calculation and
resulting rate of $3,850 per 1,000 square feet for the proposed City
Furniture/Ashley Furniture store, and to provide staff direction to contract
for consultant services for additional studies to obtain sufficient trip
characteristic data to facilitate adding a Furniture Store category to the road
impact fee rate schedule. (Norman Feder, Administrator, Transportation
Services)
Approved - 5/0
G. Recommendation to adopt the Proposed FY 2007 Millage Rates. (Michael
Smykowski, Director, Office of Management and Budget)
Resolution 2006-196 Adopted - 5/0
H. This Item to be heard at 11:45 a.m. Recommendation to approve a
financial commitment of$775,000 in the first year and $625,000 in the
second year to the Southwest Florida Expressway Authority to cover an
operating budget that will be repaid to the County with future surplus toll
revenues. (Norman Feder, Administrator, Transportation Services)
Approved w/stipulations - 4/1 (Commissioner Fiala opposed)
I. Recommendation to approve an agreement for the purchase of right-of-way
required for the six-laning of Collier Boulevard from US-41 to the Golden
Gate Main Canal (Capital Element No. 33, Project 60001). Estimated Fiscal
Impact: $1,285,087.61. (Norman Feder, Administrator, Transportation
Services. )
Approved - 5/0
J. Recommendation to award a construction contract to Better Roads, Inc., in
the amount of $40,556,620.32 for Collier Boulevard Six-Lane
Improvements, Golden Gate Boulevard to Immokalee Road, Bid No. 05-
3881R; Project No. 65061, CIE No. 37. (Norman Feder, Administrator,
Transportation Services.)
Approved - 5/0
K. This item to be heard immediately followinl!: Item 14A. Recommendation
to approve a Resolution authorizing the Collier County Community
Redevelopment Agency (CRA) to enter into a $7,000,000 Line of Credit
Agreement with Wachovia Bank; approving the actions taken by the CRA
with respect to its approval of the Line of Credit Agreement; and authorize
all necessary budget amendments (Companion Item to Item 14A.) (David
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July 25, 2006
Jackson, Executive Director, Bayshore/Gateway CRA.)
Resolution 2006-198 - Adopted 5/0
L. Recommendation to approve the partial re-bidding of Contract Amendment
No.2, Courthouse Annex Building, under Contract No. 04-3576,
Construction Manager at Risk Services for Courthouse Annex and Parking
Garage, with Kraft Construction Company, Inc. (Kraft) for the construction
of the Courthouse Annex floors 1-7, project number 52533. (Len Price,
Administrator, Administrative Services.)
Approved - 5/0
M. Recommendation to approve a budget amendment to transfer funds from
County Wide Bikeway Improvements (Project Number 690811) to
Livingston Greenways (Project Number 690817) in the amount of
$1,198,987.00 and Lely Mitigation (Project Number 690816) in the amount
of$301,013.00. (Norman Feder, Administrator, Transportation Services.)
Approved - 5/0
N. Recommendation to: (1) approve unfunded requests (UFRs) in the Public
Utilities FY 07 Proposed Budget for ten (10) FTEs, (2) permit recruiting and
hiring to begin immediately upon approval, and (3) approve the necessary
budget amendments. (Jim DeLony, Administrator, Public Utilities.)
Approved - 5/0
o. Recommendation to award Work Order DDC-FT-3887-06-01 in the amount
of $2,289,000 to Diversified Drilling Corporation (DDC) under Fixed
Annual Term Contract 06-3887 for the South County Regional Water
Treatment Plant four new raw water supply Wells 39S-42S, Project 71051.
(Jim DeLony, Administrator, Public Utilities.)
Approved - 5/0
P. Recommendation to award a construction contract for the South County
Regional Water Treatment Plant 20 Million Gallons per Day Well field
Expansion to John Reynolds & Sons, Inc. Bid 06-3992, Project Number
708921 for $47,958,450.00. (Jim DeLony, Administrator, Public Utilities.)
Approved - 5/0
Q. Recommendation to approve a change in sewer service for the Collier
County Government Complex from the City of Naples to the Collier County
Sewer District, Project Number 52005.
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July 25, 2006
Motion to work with the city and bring back to the Board at a future
date - Approved 5/0
R. Recommendation to approve award of Bid 06-4023 Purchase of Fleet
Vehicles to Tamiami Ford, Inc., Naples, Florida to exceed $lM. (Len Price,
Administrator, Administrative Services)
Approved - 3/0 (Commissioner Fiala and Commissioner Coletta absent)
S. Recommendation to implement for fiscal year 2007 pay ranges for non
bargaining unit classifications that are 10% above median market data. (Len
Price, Administrator, Administrative Services)
Approved - 4/0 (Commissioner Fiala absent)
T. Recommendation to approve Bid 06-3925 to Subaqueous Services, Inc. in
the amount of $1,581 ,400.00, plus fuel escalation for re-nourishment of the
South Marco Beach and dredging of Caxambas Pass Project No.
90500 1. (Gary McAlpin, Costal Projects Manager, Tourism)
Approved - 5/0
Moved from Item #16B6
U. This Item to be heard at 4:30 p.m. Recommendation to approve Change
Order #1 to TBE Group, Inc. having Work Order TBE-FT-05-01 (RFP/Bid
#013290) for additional service work tasks and additional days for the Fish
Branch Basin Box Culvert Extension Project Site in the amount of $117,781
and approve the Design Professionals Service Task costs involving
Immokalee Water and Sewer Districts existing facilities with consideration
of a future reimbursement to Collier County.
Approved - 5/0
Moved from Item #16All
V. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, directing the County
Manager to establish a Floodplain Management Planning Committee.
Resolution 2006-200 - Adopted w/Changes - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS - None
12. COUNTY ATTORNEY'S REPORT
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July 25, 2006
A. This item to be heard at 3:30 p.m. This item was continued from the
June 20-21, 2006 BCC Meetin2:. Provide a Status Report on F.S. Chapter
164 Proceedings in Reference to the Inverse Condemnation Lawsuit of
Bernard J. and Helen R. Nobel, and Vincent D. Doerr vs. Collier County, in
Case No. 05-0064-CA and the South Florida Water Management Districts
obligation to convey 640 acres to the County.
Declare Agreement in Default: Approved 4/1 (Commissioner Halas
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
Added
A.
To request Board approval of the proposed price of $447,500 for the FY-
2006 Audit per Contract #03-3497, "Auditing Services for Collier County",
with KPMG LLP.
Approved - 5/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard A/O 1 :00 p.m. after Item 8R. Recommendation for
the Collier County Community Redevelopment Agency (CRA) to approve a
Resolution approving the form ofa $7,000,000 Line of Credit Agreement
with Wachovia Bank to purchase real property and finance various capital
improvement projects within the Bayshore Gateway Triangle CRA;
authorize the CRA Chairman to sign and make draws against the Line of
Credit as needed; pledge Bayshore Gateway Triangle CRA Tax Increment
Funds (TIF) as the loan repayment source; and authorize all necessary
budget amendments (Companion to Item 10K)
CRA Resolution 2006-197 Adopted 4/0 (Commissioner Henning absent)
B. Recommendation to approve Contractorworx, Inc. right of way
improvement contract, after the fact, to prepare three Hallendale Subdivision
streets and right of ways for a Bayshore Gateway Triangle CRA funded
cold-mix paving project; approve a budget amendment to accept private
donations; approve payment from private donations to Contractorworx, Inc.
for work completed; and return a pro-rata share of the remaining $10,147.00
in private donations to those who contributed to the project
Approved - 5/0
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July 25, 2006
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd - Legislative visits, review of CDES operations, and Sheriff's
Dept overseeing Code Enforcement, Copeland/Everglades City sewer
problem
B. County Attorney - Direction regarding pending litigation
C. Halas - Regarding letter to Clerk of Courts asking for information, not
received yet, regarding his budget for legal fees and what he is spending
- Chairman to write another letter
D. Henning - Helicopter tours and using the sheriff's helicopter to keep
cost down
E. Fiala - Needs a ride to the MPO meeting tomorrow
F. Halas - Tour with other commissioner and how impact fees are being
used and addressed. Everyone enjoyed the conference and Naples'
hospitality
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 w/o #17H - 5/0; Item #17H - 4/0
(Commissioner Henning abstained)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve a Resolution which will supersede and
replace Resolution 1998-465 in order to amend the policies and
procedures for vacating rights of way and other easements which have
been dedicated for public purposes.
Resolution 2006-160
2) Recommendation to approve the recording the final plat of Quail West
Phase III, Unit 7, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
w/Stipulations
3) Recommendation to approve the after-the-fact submittal of a United
States Fish and Wildlife Service (USFWS) Derelict Vessel Removal
Grant in the amount of $31 ,000
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July 25, 2006
To assist the Ten Thousand Islands National Wildlife Refuge
4) Recommendation to approve a Satisfaction of Lien due to a change in
qualified applicants and the subsequent recording of a new impact fee
deferral agreement 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.
Liens have been reviewed and approved by the County Attorney's
Office.
5) Recommendation to approve and authorize its Chairman to re-sign an
Interlocal Agreement between the Board of County Commissioners of
Collier County, Florida and the City Council of the City of Naples,
which Agreement supersedes several separate prior Impact Fee
Interlocal Agreements between the parties and provides for (1) the
collection of Collier County Impact Fees by the City, (2) the
remittance of collected impact fees to the County by the City, and (3)
the re-negotiated annual administrative fees to be retained by the City.
The ensure that sufficient funds are available for capital
improvement projects which are necessitated by growth
6) Recommendation to approve a Satisfaction of Lien, in accordance
with the provisions the Summer House Settlement Agreement and
Mutual Release, for impact fees that have been paid in full, as
stipulated by the agreement.
Liens have been reviewed and approved by the County Attorney's
Office.
7) Recommendation to approve, and authorize the Chairman to sign, a
Resolution accepting three (3) Continuum of Care homeless assistance
grant awards from the U.S. Department of Housing and Urban
Development (HUD) totaling $622,521; and approve a budget
amendment of $622,521 recognizing the approval of these three grant
agreements.
Resolution 2006-161
8) Recommendation to approve an Interim Management Plan for the
Collier Development Corporation property under the Conservation
Collier Land Acquisition Program.
Staff seeking exotic removal bids
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July 25, 2006
9) Recommendation to approve the application by Anchor Health
Centers for the Job Creation Investment Program, the Advanced
Broadband Infrastructure Investment Program and the Fee Payment
Assistance Program.
AHC will create 40 new jobs, in three phases, by Dec. 21, 2009
10) Recommendation to approve an application to the Florida Boating
Improvement Program for the removal of derelict vessels in Collier
County.
Resolution 2006-162
Moved to Item #10V
11) Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, directing the County
Manager to establish a Floodplain Management Planning Committee.
12) Recommendation to waive the competitive bid process to award a
contract to Mote Marine Laboratory in the amount of $42,630 for
gathering manatee and boating activity data.
To obtain information for use in possible revisions to the County
Manatee Protection Plan (MPP)
13) Recommendation to terminate a contract with the Florida Fish and
Wildlife Conservation Commission (FWCC) that allowed Collier
County to maintain FWCC waterway signs and approve all necessary
Budget Amendments
The State will contract out the maintenance with a private
contractor which no longer requires services by the County
B. TRANSPORTATION SERVICES
1) Recommendation to approve a budget amendment to recognize
additional revenue for the Collier County Transportation Pathways
Program in the amount of$383,829.20 for Project No(s). 600321,
600501, 690811, and 690822.
For the construction of sidewalks/bike paths and bike lanes in
areas where planned right-of-way improvements were scheduled
that would cause the removal of sidewalk/pathways
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July 25, 2006
2) Recommendation to approve the installation and landscape
maintenance agreement between Port of the Islands Community
Improvement District and Collier County for beautification on US 41
/SR 90 ; approve and authorize the Chairman to sign a Landscaping
Installation and Maintenance Highway Agreement (Agreement) with
the Florida Department of Transportation (FDOT) for median and
roadside landscape improvements along SR 90; and approve an
FDOT -required Resolution evidencing that the Board has approved
and authorized the Chairman to sign this Agreement.
Resolution 2006-163
3) Recommendation to approve and authorize the Chairman to sign (1)
First Amendment to State of Florida Department of Transportation
Highway Landscaping Installation and Maintenance Agreement for
landscape improvements along Pine Ridge Interchange; and (2) a
Resolution evidencing that the Board has approved and authorized the
Chairman to sign this Amendment.
Resolution 2006-164
4) Recommendation to approve the after-the-fact submittal of a Florida
Department of Agriculture and Consumer Services Emergency
Hurricane Supplemental Grant in the amount of $50,000.
Resolution 2006-165
5) Recommendation to (l) approve a Resolution authorizing the
Chairman of the Board of County Commissioners to execute an
amendment to Local Agency Program Agreement with the Florida
Department of Transportation in which Collier County would be
reimbursed up to $420,000 of the total estimated cost of $542,600 for
the design, construction, engineering and inspection of Sidewalks
Various Locations and (2) approve a budget amendment reducing the
amount of funds to be reimbursed by FDOT.
Resolution 2006-166
Moved to Item #10U
6) Recommendation to approve Change Order # 1 to TBE Group, Inc.
having Work Order TBE-FT-05-01 (RFP/Bid #013290) for additional
service work tasks and additional days for the Fish Branch Basin Box
Culvert Extension Project Site in the amount of$117,781 and approve
the Design Professionals Service Task costs involving Immokalee
Page 16
July 25, 2006
Water and Sewer Districts existing facilities with consideration of a
future reimbursement to Collier County.
Additional costs for full time inspection during construction and
other miscellaneous services and costs
7) Recommendation to adopt an amended resolution to correct a
scriveners error in the legal description for Parcels 122 and 123 in
Resolution No. 2006-39 authorizing condemnation of right-of-way for
County Barn Road from Davis Boulevard to Rattlesnake Hammock
Road. (Capital Improvement Element No. 33, Project No. 60101).
Estimated fiscal impact: $0.
Resolution 2006-167
8) Recommendation to approve the budget amendment for RFP #05-
3770, Design-Build for Immokalee Road from 175 to CR 951 Collier
Boulevard, County Project No. 66045 for $100,000.00 for STIPEND
payments for unsuccessful firms.
To offset a portion of the expenses incurred during the proposal
process and to allow the county to use any portion of their
proposal package during the project
9) Recommendation to approve an Interlocal Agreement with the School
Board for payment of $139,511.00 to construct a portion of the
Veterans Memorial Boulevard.
To construct the first quarter mile of Veterans Memorial
Boulevard for access to an elementary school to be built
10) Recommendation to execute a Work Order to TBE Group, Inc., using
Contract 01-3290 Agreement for Fixed Term Professional
Engineering Services, Work Order #TBE-FT-06-02, for the
preparation of a Structures Preliminary Engineering Report and
Recommendation Report for the widening of Randall Boulevard,
County Project No. 60065, in the amount of $166,936.
To provide critical information necessary to the start the right-of-
way acquisition process
11) Recommendation to approve a budget amendment of$345,700 to
increase the General Fund (001) transfer to Transportation
Disadvantaged Fund (427).
Page 17
July 25, 2006
For the purchase of two para-transit buses which were ordered in
fiscal year 2004-2005 but paid for in fiscal year 2005-2006
12) Recommendation to approve Change Order #2 to Q. Grady Minor &
Associates, P.A. having Work Order QGM-FT-04-08 (RFP/Bid #01-
3290) to adjust and add service work tasks, additional days to the
Tract N Lake & Ibis Way Road Crossing Project, include the Cypress
Way East Road Drainage structure design replacement, and
modifications to Tract N Lake Drainage Improvements in the at
amount of $99,450.
13) Recommendation to approve Agreement with Countryside Master
Association, Inc. for the construction of a noise wall as part of the six-
lane improvements to Santa Barbara Boulevard Project #62081,
conditioned on the Associations donation of a Temporary
Construction Easement and payment from the Association in the
amount of$914,000.00.
14) Recommendation to award bid #06-4009 Collier County Highway
Scenic Enhancement at Port of the Islands landscape and irrigation
installation to Hannula Landscaping, Inc. with a base amount of
$197,020.45 and alternates in the amount of $40,041.00 for a total of
$237,061.45. (Project #600521)
To provide landscape and irrigation installation on US 41
15) Recommendation to authorize the execution and recording of two
corrective deeds and a Declaration of Right-of- Way relative to GAC
Land Trust property on Immokalee Road (Project No. 60018). (Fiscal
Impact: $72.50)
Due to scrivener's errors in their legal descriptions
16) Recommendation to approve the Project Agreement Amendment with
the Natural Resources Conservation Service in Support of Hurricane
Wilma Recovery Efforts in Collier County, and approve a purchase
order to Crowder-Gulf, Inc. in the amount of$397,000 plus a 10%
contingency of $39,700 for canal debris removal for a total of
$436,700 and approve a purchase order to R.W. Beck, Inc. in the
amount of $27,040 for monitoring of disaster generated debris
management plus a 10% contingency of $2,704 for a total of $29,744,
approve the necessary Budget Amendment and segregate all cost for
Page 18
July 25, 2006
hurricane canal debris removal from Hurricane Wilma expenses.
For debris removal in areas that were not addressed in the initial
contract
17) Recommendation to award Bid #06-3910 Lely Golf Estates MSTU
Roadway Beautification Renovation (St. Andrews Blvd. At US 41), to
Vila & Son Landscaping Corporation with a base amount of
$74,995.45 and 10% contingency of $7,499.54 for a total of
$82,494.99
For 3 benches, a pad for newsstand and 3 pavers mortar set
18) Recommendation to award a construction contract to Bonness, Inc.,
for Livingston Road (CR 881) Intersection Improvements at Golden
Gate Parkway (CR 886), Bid No. 06-4002, Project No. 66065, in the
amount of$915,659.27
Necessary to improve traffic flow, safety, and capacity of this
intersection
19) Recommendation to award Contract #06-3980 Annual Fixed Term
Traffic Engineering Consultant Services to five (5) firms.
Awarded to Vanus, CH2M Hill, TBE Group, PBS&J and
WilsonMiller
20) Recommendation to approve an Amendment to the Agreement for
Haldeman Creek Disposal with Lakeview Drive of Naples, LLC, a
Florida Limited Company and accept funds for the Haldeman Creek
dredging proj ect.
Used to augment the City of Naples' portion of the funds to
complete the potion of the project located within the City limits
C. PUBLIC UTILITIES
1) Recommendation to award Work Order CDM-FT-3593-06-08 with
Camp, Dresser, and McKee, Incorporated, for professional services
for Existing Wellfields Operational Support in the amount of
$196,820 - Project Number 75005.
For annual maintenance to insure the reliability of the supply
wells
Page 19
July 25, 2006
2) Recommendation to approve a Resolution to authorize the County to
submit a State Revolving Fund (SRF) low interest rate construction
loan application and to authorize a loan agreement with the Florida
Department of Environmental Protection (FDEP), for Lower
Hawthorn Wells 18N, 19N, and 20N, Project, 71006.
Resolution 2006-168
3) Recommendation to award Bid Number 06-3958 for laboratory
chemicals and supplies to VWR International and Hach Company in
the anticipated amount of $200,000.
U sed by several County Departments to complete compliance
testing of various commodities and laboratory testing procedures
4) Recommendation to adopt a Resolution to set the date, time and place
for an Advertised Public Hearing where the Board of County
Commissioners will adopt Fees (Special Assessments) to be collected
on the Property Tax Bills for Curbside Trash Collection Services for
the 2007 Budget Year, approve the notification to customers and
approve the necessary budget amendment.($54,600)
Resolution 2006-169 and Resolution 2006-170
5) Recommendation to award Work Order UC-235 under Contract 04-
3535 to Kyle Construction, Inc. in the amount of $279, 180, for the re-
routing of the Lely High School Force Main, and a budget amendment
to incorporate additional funds, in the amount of $278,000, from the
Collier County School Board for the South County Water
Reclamation Facility Reliability Improvements Project, 72508.
To allow direct measurement of the wastewater flow as it enters
the treatment facility (required for regulatory compliance)
6) Recommendation to approve the sole source purchase of chemical
equipment and supplies from the AMJ Equipment Corporation in the
estimated amount of $300,000, including the payment of Invoice
2006-0653 in the amount of $6,598.
For the purchase of chemical pumps and spare parts, including
equipment for the odor control, polymer, potassium
permanganate, and sulfuric acid chemical systems
7) Recommendation to approve the use of a cooperative agreement of
Martin County Contract # 262-02 and necessary budget amendments,
Page 20
July 25, 2006
to retain services of Public Resources Management Group, Inc
(PRMG) in the estimated amount not to exceed $83,685 to perform
the Project Feasibility Report for Utility System Revenue Bonds,
Series 2006 and Assistance With Bond Issuance for the Water/Sewer
District.
As detailed in the executive summary
8) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for a Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1994 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2006-171
9) 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 1995 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Resolution 2006-172
10) 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.
Fiscal impact is $40.00 to record the Satisfactions of Lien.
Resolution 2006-173
11) Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $10.00 to record the Satisfaction of Lien.
Full payment and satisfaction of this lien have been made
12) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2006 tax year. The fiscal impact is $18.50 to
record the Resolution.
Resolution 2006-174
Page 21
July 25, 2006
13) Recommendation to approve and execute a License Agreement with
The School District of Collier County, Florida for the use of its
property for storm debris collection and processing.
Site is located at the northwest corner of the intersection of 47th
Ave NE and Immokalee Road
14) Recommendation to accept a full settlement for Oil Spill Liability
Trust Funds from the United States Coast Guard National Pollution
Funds Center in the amount of$375,122.91.
Due to damage from Hurricane Wilma in Chokoloskee area
15) Recommendation to approve an agreement with the South Florida
Water Management District to Continue participating in the surface
water monitoring of Big Cypress Basin in the amount of $499,456.
To continue for another 3 years
16) Recommendation to award Bid Number #06-3953 to Godwin Pumps
for the purchase and delivery of eleven (11) generators by the
Wastewater Department in the amount of$390,587.
To maintain collection system reliability and prevent sanitary
sewer overflows during inclement weather events
17) Recommendation to approve an Easement Agreement and accept a
Utility Easement and Access Easement necessary to upgrade the Lift
Station existing at Buena Vida Retirement Home at a cost not to
exceed $12,400, Project 634999.
To acquire property rights to allow the county to operate,
maintain, and upgrade the existing Lift Station
18) Recommendation to authorize a budget amendment in the amount of
$110,000 and award Contract #06-3997 to E. B. Simmonds Electrical,
Inc. to construct the Tamiami Wells 6 through 27 Electrical Upgrades,
in the amount of $508,450.00, Project 71038.
To improve the overall system reliability by making electrical and
control systems improvements at 22 well sites
19) Recommendation to authorize renting of three (3) new Pitney-Bowes
Documatch Integrated Mail System Machines and one (1) new
Postage System Effective October 1, 2006 for a three year period,
Page 22
July 25, 2006
based on State of Florida Contract #600-760-00-1. Combined annual
rental cost is $98,412.
Used to prepare and process 800,000 utility bills each year
D. PUBLIC SERVICES
1) Recommendation to approve an Amendment to the Second Paragraph
of Article 5 in the License Agreement with the Marco Island
Historical Society Which Designates Land for a Future Museum on
Marco Island.
The property is located adjacent to the Marco Island Branch
Library
2) Recommendation to approve and execute the attached Lease
Modification Agreement with Randall Benderson and David H.
Baldauf, Trustees, relating to a Lease Agreement approved by the
Board of County Commissioners on April 12, 2005.
For office space located in Golden Gate City to be used for the
Health Department's WIC program
3) Recommendation to approve an Interlocal Agreement with the City of
Everglades City for fund sharing for park improvements for $50,700.
For new playground equipment, repairs to the basketball and
tennis courts, picnic tables, park benches, restroom repair and
painting
4) Recommendation to enter into an Interlocal Lease Agreement with
The School District of Collier County and to approve a project in the
amount of $641,000 to install additional equipment to improve
existing facilities associated with property adjacent to Immokalee
High School.
For the existing softball and baseball fields
5) Recommendation to approve purchase and installation of playground
equipment for Immokalee South Park in an amount not to exceed
$41,000.
Purchased from Playmore
6) Recommendation to approve an agreement with the District School
Board of Collier County for transporting school-age recreation
Page 23
July 25, 2006
program participants not to exceed the budgeted amount of $36,000.
For the Parks Department After School Program
7) Recommendation to authorize the Chairman to sign the Grant
Agreement for Collier County Library Public Library Construction
Project Number 07-PLC-04, permitting the Collier County Public
Library to receive $500,000 awarded by Grant for construction of the
South Regional Library.
To accommodate the 14,000 additional residences in the service
area
8) Request to reimburse John Veit for out of pocket expenses in the
amount of $928.00 paid to Naples Transportation & Tours.
For the Fourth of July transportation of Special Ops personnel to
and from Everglades National Park
9) Recommendation to enter into a Memorandum of Understanding with
Westat to conduct the National Survey of the Use of Booster Seats
(NSUBS) at Veterans Community Park, East Naples Community
Park, Max Hasse Jr. Community Park and Vineyards Community
Park
A brief survey on the safety of children in passenger vehicles
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a $199,268 change to contract #03 - 3489,
"Professional Architectural and Design Services for Addition to, and
Renovation of, The Golden Gate Library", with Barany Schmitt
Summers Weaver and Partners, Inc. (BSSW) to modify the scope to
design a 17,000 square foot building rather than a 12,000 square foot
building, project 54261.
To enable the library to continue to meet the Growth
Management requirement of .33 square feet per capita for library
space
2) Recommendation to ratify additions to and modifications to the 2006
Fiscal Year Pay and Classification Plan made from April 1, 2006
through June 30, 2006.
To increase support for the special needs population during
Page 24
July 25, 2006
emergencies and offer an additional level of management in
Domestic Animal Services
3) Recommendation to approve a budget amendment and Change # 1 to
Work Order BSW-02-06 under contract #013235 "Annual Contract
for Architectural Services" to update the design of the Sheriffs Sub-
Station Addition to EMS-12 located in the Golden Gate Estates area
on Immokalee Road, project 52011, in the amount of$57,900.
4) Recommendation to waive formal competition and enter into an
agreement with SAP Public Services Inc. to conduct an assessment of
the County's current SAP configuration in anticipation of upgrading
the software in the next fiscal year in the amount of$71,504.
To implement a more advanced version of SAP software to improve
system performance
5) Recommendation to approve a phased Work Order with CH2M Hill,
Inc., under contract #06-3929, "Annual Contract for Architectural
Services", to design upgrades to the fuel facility at County Barn,
project 52009, in a total amount to be negotiated not to exceed
$60,000.
Due to Land Development Codes (LDC) the requirements for the
new elevations of new developments the plans need to be three
feet higher than the existing fueling facility
6) Recommendation to approve a budget amendment to increase
appropriations and associated revenues for operating costs in Fleet
Management Fund (521) in the amount of$145,000.
The cost for repair parts were underestimated during the FY05-
06 budget preparation
7) Recommendation to approve award of #Bid 06-4010 "24- Hour
Towing Services" to Coastal Towing and Recovery, Inc., and to
Naples Towing LLC. d/b/a Bumper to Bumper Towing for towing
services exceeding $30,000 annually.
8) Recommendation to approve conveyance of an Easement to Florida
Power & Light Company (FPL) for providing electric service to the
EMS-75 Facility at 4590 Santa Barbara Boulevard, at a cost not to
exceed $18.50, Project 52007-1.
Page 25
July 25, 2006
The Easement is a requirement of FPL for providing electric
service to the facility
9) Recommendation to award Letter of Interest No. 006-3990 Catering
Services to; Artichoke & Company; Gee's BBQ; Silver Platter
Catering; Candito Management Group; Carrabba's Italian Grill;
Country Cater BBQ, Inc.; and Russell's Clambakes.
For catering services for county events, including emergency
meals, awards presentations, employee recognition and training
seminars
10) Recommendation to approve a change to work order #CH-F-05-04
under contract #01-3291, "Annual Contract for Construction
Engineering Inspection Services", with CH2M Hill, Inc. to provide
additional inspections services for the Annex Parking Garage, project
52010, in the amount of$33,085.
For field inspection services, office engineer support and
construction management
11) Recommendation to approve the after-the-fact submittal of an
International City/County Management Association Center for
Performance Management/Public Entity Risk Institute Grant
Application, in the amount of$5,000.
To enhance benchmarking and the development of various
practices, procedures and work overflow processes to enable the
benchmarking process
12) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
As detailed in the Executive Summary
13) Report to the Board of County Commissioners regarding the recent
disposition of assets no longer deemed to serve a useful function or to
have commercial value
A list of assets no longer deemed useful to County operations and
are not considered to have commercial value
14) Recommendation to approve a Work Order with CH2M Hill, Inc.,
under contract #01-3292, "Annual Contract for Professional Structural
Engineering Services", to provide threshold inspections for the
Page 26
July 25, 2006
Emergency Services Center, project 52160, in the amount of
$101,580.
Florida Statues requires that a Special inspector perform
structural inspections
F. COUNTY MANAGER
1) Board ratification of Summary, Consent and Emerl!:ency Al!:enda
Items approved by the County Manal!:er durinl!: the Board's
scheduled recess. Per Resolution Number 2000-149, "Approval of
this Agreement by the County Manager is subj ect to formal
ratification by the Board of County Commissioners. If the decision by
the County Manager is not ratified by that Board, this Agreement shall
be enforceable against Collier County only to the extent authorized by
law in the absence of such ratification of that Board."
2) Recommendation to accept a grant award in the amount of $5000
from Visit Florida for the Paradise Coast Blueway Web Site and
future Search Engine Optimization.
Grant will contribute to the cost for developing a web site, maps
and brochures to help promote the paddling trail that will
eventually be a complete regional Blueway system through
Collier, Lee and Charlotte Counties
3) Recommendation to award Bid # 06-4006 for the purchase of
janitorial supplies to E & R Industrial Sales, Inc., Pyramid II, Inc.,
Dade Paper Company and Corporate Express for the Emergency
Medical Services Department for an estimated cost for FY 06 of
$21,000.
To procure janitorial supplies from the lowest qualified and
responsive bidders
4) Recommendation to adopt a Resolution fixing the date, time and place
for the Public Hearing for approving the Special Assessment (Non-ad
valorem Assessment) to be levied against the properties within the
Pelican Bay Municipal Service Taxing and Benefit Unit.
Resolution 2006-175
5) Recommendation to approve Budget Amendments.
Page 27
July 25, 2006
To cover expenses to equip the two new Ochopee Fire District
Fire Apparaus as per NFP A Standards
6) Recommendation to award Bid #06-4011 in the amount of
$200,000.00 for Pelican Bay Streetscape Irrigation System Phase V to
Stahlman-England Irrigation, Inc.
Awarding bid to the lowest qualified responsive bidder
7) Recommendation to approve a Budget Amendment to fund collection
service commission fees for Emergency Medical Services Ambulance
Billing in the amount of $68,000.
Fees for the collection of old debts were not budgeted for FY06,
this budget amendment is necessary to fund the collection service
commissions.
8) Recommendation to approve expenses not to exceed $10,000 for
Collier County to provide aerial over-flights of eight Collier County
projects in the Fiscal Year 2007 Federal Agenda to two United States
Senators and two United States Congressmen.
To give the federal officials the opportunity to view the county's
priorities up close and personal while Congress is in recess
9) Recommendation to approve Rules of Procedure Governing Meetings
of the County Productivity Committee as authorized by Section Five:
Officers; Quorum; Rules of Procedure of County Ordinance No.
2001-37, as amended.
Resolution 2006-176
10) Recommendation to approve an Agreement between the Florida
Department of Community Affairs and Collier County accepting
$8,143 for the preparation of Hazards Analysis Reports for facilities
storing extremely hazardous substances within the County and
approve the Budget Amendment necessary to recognize and
appropriate $8,143 as revenue.
This will allow Collier County to comply with both the DCA and
Collier Growth Management Plan requirements. The
Conservation and Coastal Management Element of the County
Growth Management Plan requires that hazards analysis site
visits be made to all sites biennially.
Page 28
July 25, 2006
11) Recommendation to approve budget amendments for the Isles of
Capri Fire District to purchase hose testing equipment in the amount
of $3,857.
This budget approval will transfer impact fee revenue monies to a
capital outlay fund for new equipment to accommodate the new
growth of the present population which is doubling approximately
12) Recommendation to approve the submittal of the attached Emergency
Operation Center Construction and Improvement Initiative Grant
Application to the Florida Department of Community Affairs in the
amount of$6,091,015.
This funding is solely for construction or structure renovation and
may not be used for land acquisition, purchase of equipment,
furnishings, communications and other operational systems or
recurring expenditures.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to approve the relocation of the Bayshore Gateway
Triangle CRA office, approve a new office lease with a new landlord,
authorize the Chairman to sign, and approve all necessary budget
amendments to cover the lease terms and relocate the office.
The new monthly lease is less than the current lease and a FY06
Budget Amendment is needed to fund the cost to relocate
technical equipment, buy office furniture, design and install
signage and pay lease upfront costs
2) Recommendation to approve and execute Site Improvement Grant
Agreements between the Collier County Community Redevelopment
Agency and grant applicants within the Bayshore Gateway Triangle
Community Redevelopment area.
The purpose of the Grant is to provide an incentive to revitalize
the area by providing a matching grant to encourage the private
sector to invest in their property
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to approve written policies for the day to day
business of the BCC Office.
Page 29
July 25, 2006
To provide for the implementation of a disciplinary procedure
governing the administrative staff managed by the Executive
Manager to the Board of County Commissioners
2) Commissioner Fiala requests for Board Approval for reimbursement
for attending a function serving a valid public purpose. Attended the
Florida Association Counties Dinner hosted by RBC Capital Markets,
Tuesday, June 27th at Cafe De Marco, Marco Island; $30.00 to be
paid from Commissioner Fiala's travel budget.
To network with other commissioners and county officials from
various Florida counties
3) Commissioner Halas requests Board approval for payment by the
Clerk to attend a function serving a valid public purpose. Attending
the Florida Forum for County Leaders, a series of 3 seminars in Lake
County and other locations in Central Florida; $450.00 to be paid
from Commissioner Halas' travel budget.
For advance leadership training and certification for
commissioners and participation in a venue for consideration of
important issues facing Florida and its communities
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Naples Press Club Dinner on Wednesday, June 21st, 2006 at the
Collier Athletic Club; $25.00 to be paid from Commissioner Fiala's
travel budget.
To network with constituents and members of the Naples Press
Club
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
K. COUNTY ATTORNEY
1) Recommendation to approve a budget amendment in the amount of
$81,549, which is the total amount of funds projected to be collected
in excess of the amount currently budgeted, to pay for legal aid
Page 30
July 25, 2006
services costs incurred for legal services provided for qualified Collier
County Indigents pursuant to state mandated statutorily-defined
procedures.
The budget amendments will utilize all directed funds collected
through the court system pursuant to statute to benefit legal aid;
this agenda item comes forward at this time to reconcile year-end
accounts pursuant to the statutory scheme.
2) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Lauretta Barker vs. Collier County
Board of Commissioners filed in the Twentieth Judicial Circuit in and
for Collier County, Florida, Case No. 05-l559-CA, for $17,500.00.
Funds are budgeted and available in the Risk Management
Property & Casualty Fund No. 516121650. If this matter went to
trial, trial costs for an expert engineer would range somewhere
between $4,000 - $6,000 and a medical expert would cost
somewhere between $3,000 - $5,000. Both the County Attorney
and the Risk Management Director opine that settlement in the
sum of $17,500 is reasonable and cost effective under all
circumstances.
3) Recommendation to authorize the County Attorney to file a lawsuit,
on behalf of Collier County Board of Commissioners, against B & G
Underground Inc., in the Twentieth Judicial Circuit, Collier County,
FL, to recover repair costs incurred in the amount of$17,000.
Employees ofB & G Underground, Inc. damaged two sewer
lateral lines (separate incidences) in Palm River. Wastewater field
crews responded to the site and took the appropriate action.
Numerous attemps to recover the total costs incurred have been
unsuccessful. The County has no other recourse for recovery of
costs incurred than to proceed with litigation
4) Recommendation to approve a Mediated Settlement Agreement and
Stipulated Final Judgment as to Parcels 115 & 715 in the lawsuit
styled Collier County v. Rafael Liy, et aI., Case No. 05-752-CA
(Collier Blvd. Project No. 65061). (Fiscal Impact $56,452.65.)
Funds are available in the FY06 adopted budget; source of funds
are Gas Taxes and Impact Fees
Page 31
July 25, 2006
5) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 148 in the lawsuit styled Collier County v. Ziad Shahla, et aI.,
Case No. 04-600-CA (Vanderbilt Beach Road Project No. 63051).
(Fiscal Impact $7,911.00)
Funds are available in the FY 2006 adopted budget; source of
funds are Impact Fees and/or Gas Taxes
6) Recommendation to approve the Proposed Joint Motion for an Agreed
Order Awarding Expert Fees and Costs Relating to Parcels 166A and
166B in the lawsuit styled Collier County v. Juan Ramirez, et aI., Case
No. 02-5 1 66-CA, Immokalee Road Phase II, Project #60018. (Fiscal
Impact: $12,000.00).
Funds are available in the FY 2006 adopted budget; source of
funds are Gas Taxes and Impact Fees
7) Recommendation to authorize the County Attorney to file a lawsuit,
on behalf of Collier County Board of Commissioners, against Ocean
Gate Contractors, Inc. and/or Rookery Bay National Estuarine FDEP,
to recover costs in the sum of$7,500.
Ingressed and egressed equipment on Isle of Capri's fire station
parking lot causing damages; after numerous attempts to recover
the total costs incurred, attempts have been unsuccessful. The
County has no other recourse for recovery of costs than to
proceed with litigation. Funds are budgeted and available in the
Risk Management Property & Casualty Fund No. 516121650
8) Recommendation to authorize the County Attorney to file a lawsuit,
on behalf of the Collier County Board of Commissioners, against
Donnie E. Morgan in Collier County, Florida, to recover repair costs
incurred in the approximate amount of $3,700.00.
Due to careless driving and negligence, damages and clean up
costs were incurred. Several attempts to recover the total costs
incurred have been unsuccessful. The County has no other
recourse for recovery costs than to proceed with litigation.
9) Recommendation to approve a Stipulated Final Judgment as to Parcel
140 in the Lawsuit Styled Collier County v. Rosa A. Hernandez, et aI.,
Case No. 05-1033-CA (CR 951, Collier Boulevard, Project No.
65061) Fiscal Impact: $855,200.
Page 32
July 25, 2006
Funds are available from Gas Tax Reserves. A budget
amendment is needed to transfer funds into the project. Source of
funds are Gas Tax Reserves
10) Recommendation to consider Approval of a Resolution to Reinstate
the Membership of Qualified County Advisory Board Members
During the 2006 Election Process.
Resolution 2006-177
11) Recommendation to grant the Conflict Waiver requested by
Grayrobinson, P.A. and waive the Provisions of Paragraph 8 of an
agreement for Legal Services between Collier County and
Grayrobinson, P.A.
Request by Grayrobinson to waive any potential conflict with
the firm's proposed representation of various property owners
against the County per the Rules of Professional Conduct.
12) Request by the Collier County Educational Facilities Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to be used to finance educational facilities for Ave Maria
University.
Resolution 2006-178
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. Recommendation to adopt a revised post disaster recovery ordinance to
provide for the establishment of the Post-disaster Recovery Task Force, the
establishment of the Emergency Review Board, the County post-disaster
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July 25, 2006
build-back policy, emergency permitting system and guidelines for declaring
a post-disaster building and zoning moratorium, and repeal Ordinance No.
98-62 and Ordinance No. 93-20.
Ordinance 2006-35
B. Recommendation to approve adoption of an Ordinance amending Chapter 49
of the Collier County Code of Laws and Ordinances, as amended, regarding
Economic Development Incentives; adding a new definition for jobs into
sections 49-22, 49-32, 49-42 and 49-52 to require that each incentive
fulfillment job be performed only by permanent legal residents of the United
States, and applicably maintained as such; providing for inclusion in the
Code of Laws and Ordinances; providing for conflict and severability and
providing for an effective date.
Ordinance 2006-36
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDEX-2006-AR-
9571: Two Lakes of Naples, LLC, by Brian Howell of Phoenix Associates
of Naples, Inc., requesting a two-year extension to the Two Lakes Plaza
PUD from October 24,2005 to October 24,2007. The subject property,
consisting of 19.9 acres, is located on the east side of Tamiami Trail North at
15000 Tamiami Trail North, in Section 9, Township 48 South, Range 25
East, Collier County, Florida.
Resolution 2006-179
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2006-AR-9160:
WR Development, LLC, represented by Richard Y ovanovich, of Goodlette,
Coleman & Johnson, P.A. requesting sign variances for two ground signs in
the Riverchase Commons Office Park. The sign located at the southwest
entrance or corner of the property would require a change in setback from 10
feet to 4.24 feet; the sign located at the southeast entrance would require a
change in setback from 10 feet to 0.15 feet. The signs are located at 1001
Crosspointe Drive, in Section 22, Township 48 South, Range 25 East,
Collier County, Florida.
Resolution 2006-180
E. Recommendation to approve a resolution establishing the Horizon Study
Public Participation Ad Hoc Master Plan Committee for Phase Two of the
East of County Road 951 Infrastructure and Services Horizon Study.
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July 25, 2006
Resolution 2006-181
F. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9159, Elaine Sorrell, requesting a street name change from 10th Avenue
S.W. to Boxwood Way for property located east of Logan Boulevard in
Golden Gate Estates Unit 34, Section 16, Township 49 South, Range 26
East.
Resolution 2006-182
G. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9161, Steven H. White, requesting a street name change from 14th Avenue
S.W. to Hawthorn Woods Way for property located east of Logan Boulevard
in Golden Gate Estates Unit 34, Section 16, Township 49 South, Range 26
East.
Resolution 2006-183
H. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9162, Carol Monk, requesting a street name change from 10th Avenue S.W.
to Napa Woods Way for property located west of Logan Boulevard in
Golden Gate Estates Units 33 and 34, also Michaels Estates, in Sections 17
and 16, Township 49 South, Range 26 East.
Resolution 2006-184
I. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9163, Joy Runyon, requesting a street name change from 12th Avenue S.W.
to Dogwood Way for property located west of Logan Boulevard in Golden
Gate Estates Units 33 and 34, Sections 17 and 16, Township 49 South,
Range 26 East.
Resolution 2006-185
J. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9164, Karen Wess, requesting a street name change from 14th Avenue S.W.
to Lancewood Way for property located west of Logan Boulevard in Golden
Gate Estates Units 33 and 34, also Margaret Acres, in Sections 17 and 16,
Township 49 South, Range 26 East.
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July 25, 2006
Resolution 2006-186
K. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition SNR-2006-AR-
9165, Gail Geary, requesting a street name change from 12th Avenue S.W.
to Tallwood Way for property located east of Logan Boulevard in Golden
Gate Estates Unit 34, Section 16, Township 49 South, Range 26 East.
Resolution 2006-187
L. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUE-2006-AR-9424,
American Dream Builders, Inc., represented by Edward B. Hanf, requesting
a one-year extension of Conditional Use CUE-2003-AR-4799 for a Model
Home and Sales Center of the Estates Zoning District located at 4050 13th
Avenue S.W., for property hereinafter described in Section 15, Township 49
South, Range 26, Collier County, Florida.
Resolution 2006-188
M. Recommendation to adopt an ordinance amending Collier County Ordinance
No. 2001-43, as amended (Vanderbilt Beach Beautification Municipal
Service Taxing Unit); by amending Section Three, Purpose and Governing
Body; providing for conflict and severability; providing for inclusion in the
Code of Laws and Ordinances, and providing for an effective date. (Adding
burying power lines to charter.)
Ordinance 2006-37
N. Recommendation to adopt an Ordinance amending Collier County
Ordinance No. 2001-37, as amended (the County Government Productivity
Committee Ordinance) by amending Section Two, Appointment and
Composition; amending Section Four, Removal from Office, Failure to
Attend Meetings; amending Section Seven, Functions, Powers and Duties of
the Committee; amending Section Eight, Duties of the County Manager's
Office and the Clerk of Courts; providing for conflict and severability;
providing for inclusion in Code of Laws and Ordinances; and providing for
an effective date.
Ordinance 2006-38
O. Recommendation to consider Adoption of an Amendment to Subsection
Five E of Collier County Ordinance No. 2001-55, the General Advisory
Boards Ordinance, to Allow Certain Candidates Running Unopposed for a
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July 25, 2006
Non-Remunerative Political Office to Remain Serving on County Advisory
Boards.
Ordinance 2006-39
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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July 25, 2006