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Recap 11/28/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS tI'" " '. " " .' -"'''''''''''-'''''' '."..."......,,,,,,,,. . AGENDA November 28, 2006 9:00 AM Frank Halas, Chairman, District 2 (Absent) Jim Coletta, Vice-Chairman, District 5 (Acting Chairman) 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, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD Page 1 November 28, 2006 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 THREE (3) 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. Swear-In Commissioner Fred Coyle by Judge Frederick Hardt 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 - 4/0 B. October 17, 2006 - Value Adjustment Board Special Magistrate Approved as presented - 4/0 C. October 19,2006 - Value Adjustment Board Special Magistrate Approved as presented - 4/0 D. October 24, 2006 - BCC/Regular Meeting Approved as presented - 4/0 E. October 25, 2006 - BCC/Regular Meeting-Continuation of October 24, 2006 Approved as presented - 4/0 Page 2 November 28, 2006 F. October 25,2006 - BCC/Land Development Code Meeting Approved as presented - 4/0 G. October 30,2006 - BCC/Land Development Code Meeting Approved as presented - 4/0 H. November 1,2006 - BCC/Emergency Meeting Approved as presented - 4/0 I. November 1,2006 - Value Adjustment Board Special Magistrate Approved as presented - 4/0 J. November 2,2006 - Value Adjustment Board Special Magistrate Approved as presented- 4/0 K. November 3,2006 - Value Adjustment Board Special Magistrate Approved as presented - 4/0 L. November 8, 2006 - BCC/Pre-Legislative Workshop Approved as presented - 4/0 M. November 15,2006 - Value Adjustment Board Special Magistrate Approved as presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Linda Swisher, Ochopee Fire Presented B. 25 Year Attendees 1) Polly Currie, Human Services Absent 4. PROCLAMATIONS A. Proclamation commemorating the 50th Anniversary of the Hungarian Revolution. Proclamation to be accepted by Mr. Andy Evva. Adopted - 4/0 Page 3 November 28, 2006 B. Proclamation to recognize Sgt. Timothy Durham for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Sgt. Timothy Durham. Adopted - 4/0 C. Proclamation designating December 1,2006 World AIDS Day. To be accepted by Scott Tims, M.S., HIV/ AIDS Program Manager, Collier County Health Department. Adopted - 4/0 D. Proclamation designating November 28, 2006 American Association of University Women Day. To be accepted by (1) Harriet Lancaster, President; (2) Jennifer Walker, Past President; (3)Robin Bimhak, Director of Public Policy; (4) Rose Ford, Secretary; (5) Marilyn Von Seggem; (6) John Goodlet, Historian; (7) Jeanne Bolds, Communications; (8) Lenice A. DeLuca, Director of Finance. Adopted - 4/0 E. Proclamation to recognize Staff Sergeant John Plummer for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Staff Sgt. John Plummer. Adopted - 4/0 F. Proclamation to recognize Sergeant Travis Henderson for his duty in the United States Army and congratulating him for his accomplishments and willingness to put himself in harm's way to protect our country. To be accepted by Sergeant Travis Henderson. Adopted - 4/0 (Sgt. Travis Henderson called in his absence) 5. PRESENTATIONS A. Sea Grant update by Mr. Bryan Fluech, Collier County Sea Grant Agent, Rookery Bay NERR. Presented: BCC determined they need to hold a workshop meeting B. Presentation by John Carlo, Inc. on progress on Goodlette-Frank Road re- laning from Golden Gate Parkway to south of Pine Ridge Road. Presented and discussed with the Transportation Department Page 4 November 28, 2006 C. Big Cypress Area of Critical State Concern De-designation Presentation by Staff of Florida Department of Community Affairs. Presented and approved draft resolution w/changes opposing any de- designation by the state; Proposed resolution w/changes (stipulations) to be brought back for review at the December 12, 2006 BCC Meeting. 6. PUBLIC PETITIONS A. Public Petition request by Joseph DiMurro to discuss blasting level requirements set by the State and subsequent house damage. Discussed - Motion to bring back for review no later than January 23, 2007 - 4/0 B. Public Petition request by Marvin Johns to discuss access road between Amity Road and Johns Road. Discussed - Transportation to explore options C. Public Petition request by Jeannette Showalter to discuss citizen petition for forming MSTU for Naples Park Lake. Discussed: Item to be heard at the December 12, 2006 BCC Meeting Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2005-06 Adopted Budget. Resolution 2006-BAR-02 Adopted w/stipulations - 3/1 (Commissioner Coletta opposed) B. Recommendation that the Board review and approve an Ordinance Creating the Rock Road Improvement Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; and providing for an effective date; providing for duties of the County Manager or his Page 5 November 28, 2006 designee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; and providing for an effective date. Ordinance 2006-56 Adopted - 4/0 C. Recommendation that the Board review and approve an Ordinance creating the Haldeman Creek Maintenance Dredging Municipal Service Taxing Unit; providing the authority; providing for the creation; providing a purpose and governing body; providing funding and the levy of not to exceed three (3) mils of Ad Valorem Taxes per year; providing for the collection of taxes; providing for creation of the Haldeman Creek Maintenance Dredging Advisory Committee, appointment and composition; providing for the terms of office of the Advisory Committee; providing for the officers of the Advisory Committee, quorum and rules of the procedure; providing for functions, powers and duties of the Advisory Committee; providing for the duties of the County Manager or his designee; providing for the review process of the Advisory Committee; providing for conflict and severability; providing for inclusion in the Collier County Code of Laws and Ordinances; providing for an effective date. Motion to continue to the December 12,2006 BCC Meeting Approved - 3/1 (Commissioner Coyle opposed) D. Request the Board approve an Ordinance of The Board Of County Commissioners of Collier County, Florida amending the Code of Laws and Ordinances of Collier County at Chapter 130, Traffic and Vehicles, to add a section allowing for the use of golf carts upon designated county roads in Goodland, Florida subject to specified restrictions; providing for inclusion in the Code of Laws and Ordinances; providing for conflict and severability; and providing for an effective date. Ordinance 2006-57 Adopted w/fiscal stipulations - 3/0 Continued to the December 12, 2006 BCC Meeting E. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. PUDZ-A-2006-AR- 9021 LASIP Conservation CFPUD Collier County Transportation Division, represented by Fred Reischl, AICP, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP Conservation Area). The CFPUD is currently part of The Club Estates PUD. That PUD is being amended concurrently to remove the 99.3 acres that are the subject of the petition. The LASIP Conservation Area CFPUD is owned Page 6 November 28, 2006 by Collier County. The site is currently governed by a conservation easement. The proposed uses include restoration, protection and preservation of native vegetative communities and wildlife habitat; a necessary use of passive recreation is also described. The subject property is located along Collier Boulevard, south of Club Estates Drive and north of Naples Lakes Country Club, in Section 9, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDA-2006-AR-9576) Continued to the December 12, 2006 BCC Meeting F. This item to be heard followinf! Companion Item PUDZ-A-2006-AR- 9021. Item 8E. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Petition: PUDA-2006-AR-9576 The Club Estates II, LLC, represented by Michael Fernandez, AICP, of Planning Development Incorporated, requesting a PUD Amendment to change the Club Estates Planned Unit Development (PUD) to Homes of Islandia Residential Planned Unit Development (RPUD). The proposed amendment seeks to remove 99 acres from the original PUD, reduce the number of allowable dwelling units from 49 to 28, change the name and remove a recreation tract and a common trash collection area as requirements. The subject property is 155.3 acres, with a proposed density of 0.18 units per acre, and is located on the west side of Collier Boulevard (C.R. 951), approximately 1 mile north of Rattlesnake-Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier County, Florida. (Companion to PUDZ-A-2006-AR-9021) G. Recommendation that the Board of County Commissioners adopt an ordinance that establishes a process and procedure providing for exceptional benefits compensation for conveyance of an interest in Conservation Collier Lands. Ordinance 2006-58 Adopted - 2/1 (Commissioner Henning opposed) H. This item to be heard at 2:00 p.m. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. MUP-2006-AR-l 0052: VK Holdings Treviso Bay Marina, LLC represented by C. Matt Joyner, P.A. Architect, requests a Mixed Use Project in the Bayshore Drive District Overlay, proposing 2 residential units and 19,607 square foot of commercial floor area to be known as The Odyssey - Treviso Bay Marina. The subject property, consisting of 1.59 acres, is located at 3470 Bayshore Drive on the west side Page 7 November 28, 2006 of Bayshore between Lakeview & Riverview Drive, in Section 14, Township 50, Range 25, Collier County, Florida. Motion to continue: Approved - 3/0 I. This item was continued from the November 14.2006 BCC Meetinf!. and is further reQuested to be continued indefinitely. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2006-AR-9610 G.L. Homes of Naples II Corporation, represented by Robert Duane, of Hole Montes, is requesting two 2-year PUD Extensions for the Terafina PUD (Ordinance 04-15) which is scheduled to sunset on March 9, 2007. The subj ect property consists of 636.8 acres and is located I mile north of Immokalee Road, north of the Olde Cypress PUD and east of Quail Creek, in Section 16, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. Motion to Continue: Approved - 3/0 B. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. Resolution 2006-313: Appointing William F. Rafeldt -Adopted 3/0 C. Appointment of member to the Board of Building Adjustments and Appeals. Resolution 2006-314: Appointing Robert David Vigliotti - Adopted 3/0 D. Appointment of member to the Immokalee Beautification MSTU Advisory Committee. Resolution 2006-315: Appointing William Deyo - Adopted 3/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, endorsing MDG Capital Corporations application to the State of Florida for Community Workforce Housing Innovation Pilot (CWHIP) Program funding. (Joseph K. Schmitt, Administrator, Community Development) Page 8 November 28, 2006 Resolution 2006-312 Adopted - 4/0 B. Recommendation to deny a petition to convert fields at Veterans Community Park to (2) lighted Little League, (I) lighted Girls Softball, and (I) lighted baseball field. Motion to continue to the January 9, 2007 BCC Meeting with a time certain of 4:00 p.m. Approved - 3/0 C. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing the borrowing of not exceeding $32,900,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the terms of the loan agreement between the Commission and the County in order to refinance a portion of a loan previously made to finance the acquisition of certain land within the County, including land used and referred to as Caribbean Gardens; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) Resolution 2006-316 Adopted -3/0 D. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to exceed $1,200,000 from the Pooled Commercial Paper Loan Program of the Florida Local Government Finance Commission pursuant to the loan agreement between the Board of County Commissioners and the Commission in order to finance the acquisition and equipping of four (4) ambulances for the Collier County Emergency Medical Services (EMS) Department; authorizing the execution of a loan note or notes to evidence such borrowing; agreeing to secure such loan note or notes with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the loan agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date. (Michael Smykowski, Director, Office of Management and Budget) Resolution 2006-317 Adopted - 3/0 Page 9 November 28, 2006 E. Recommendation to approve the application by C- Tech Manufacturing Florida, LLC for the Job Creation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentives as one budget. (Joseph K. Schmitt, Administrator, Community Development) Motion to Continue: Approved - 3/0 F. Recommendation to approve the FY 07 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of$I,690,800. (Marla Ramsey, Administrator, Public Services) Approved - 3/0 Moved from Item #16E3 G. Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 52010, in the total amount of $400,000. Approved - 3/0 (Motion to bring back Ordinance after staff review: Approved -3/0) Moved from Item #16E4 H. Recommendation to approve the award of Bid No. 06-4055 Full Service Auctioneer to Atkinson Realty & Auction, Inc. and Al Assets. Approved - 3/0 Moved from Item #16E8 I. Recommendation to approve Change #3 to contract #05-3852, Design and Related Services for the South Regional Library with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, Project 54003. Approved w/Board recommended changes - 3/0 Moved from Item #16A3 J. Recommendation to authorize staff to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance 2001-75, as amended, the Public Vehicle for Hire Ordinance, and place the recommended amending Ordinance on the Board's Summary Agenda for possible enactment. Approved - 3/0 (Staff to make changes to Ordinance) 11. PUBLIC COMMENTS ON GENERAL TOPICS Page 10 November 28,2006 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Mudd- John Jack Robert Humphry passed away on Nov Il(served on Education Facility Authority and Industrial Development Authority), renovation project w/ Community Development Building, Letter from Manager on Marco re: consolidated Fire Rescue/EMS Service, Letter from Commissioner Halas regarding Collier Park of Commerce Annexation negotiations and to designated a representative from the board - motion to approve the Chairman at that time to represent - 3/0 ------------------------------------------------------------------------------------------------------------ 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 w/changes - 4/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation that the Board of County Commissioners accept (as the said beneficiary) financial surety in the form of a letter of credit in the amount of $40,000.00 on behalf of Florida Audubon Society. Pursuant to the applicable provisions of the Environmental Restoration and Maintenance (ERM) Transfer of Development Rights (TDR) bonus credit requirements, the Collier County Land Development Code requires financial surety in relation to all privately implemented restoration and maintenance plans. 2) Recommendation to approve for recording the final plat of Black Bear Ridge Phase 3, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Page 11 November 28, 2006 Moved to Item #10J 3) Recommendation to authorize staff to publish public notice of one public hearing regarding a staff recommended Ordinance to amend Ordinance 2001-75, as amended, the Public Vehicle for Hire Ordinance, and place the recommended amending Ordinance on the Board's Summary Agenda for possible enactment. 4) Recommendation that the Board of County Commissioners approve an individual calculation of General Government Building Impact Fees for the proposed City Furniture/Ashley Furniture store, resulting in a rate of $194 per 1,000 square feet, in accordance with the provisions of Section 74-202(1) of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, and as reviewed and approved by Collier County's impact fee consultant. 5) Recommendation to approve for recording the final plat of Mandalay Place, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations B. TRANSPORTATION SERVICES 1) Recommendation to approve an amended funding agreement with the South Florida Water Management District for an additional amount of $100,000.00 for construction of the Gordon River Water Quality Park. 2) Recommendation to award Bid No. 07-4060 to Quality Enterprises USA, Inc. for construction of the Fourteenth Street Outfall Improvement Project, Project Number 510059 in the amount of $482,895.18. 3) Recommendation that the Board of County Commissioners approve a Florida Department of Transportation Local Agency Program (LAP) Agreement for receipt of federal dollars for lighting at Bayshore Drive Bridge and for a Resolution authorizing the Board's Chairman to execute the LAP Agreement. ($200K) Resolution 2006-300 Page 12 November 28, 2006 4) Recommendation to authorize the expenditure of $54,860 from the Federal Transit Administration (FTA) FY07 5307 grant for the purchase ofa Ford Paratransit vehicle from the FY06 Florida Vehicle Procurement Program and waive the competitive purchase process. 5) Approve a Budget Amendment recognizing an additional $195.00 in Transportation Disadvantaged (Fund 427) Trip and Equipment Grant Funding for Fiscal Year 2007. C. PUBLIC UTILITIES 1) Recommendation to approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $10.00 to record the Satisfaction of Lien. 2) 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 1992 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2006-301 3) Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste residential account wherein the County has received payment and said lien is satisfied in full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. Resolution 2006-302 4) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2006-303 5) 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 Page 13 November 28, 2006 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. Resolution 2006-304 6) Recommendation to authorize the sole-source purchase of Bioxide, for use by the Wastewater Reclamation Department in the estimated annual amount of $500,000 per year. 7) Recommendation to Authorize Sole Source Purchase of Replacement Pumps, Specified Repair Parts and Materials for Approved Submersible Lift Stations in the estimated annual amount of $700,000. 8) Recommendation to authorize the sole-source purchase of equipment for the replacement of five (5) Drive Reducers in the amount not to exceed of $123,864 for the North County Water Reclamation Facility Rehabilitation, Project 725112. D. PUBLIC SERVICES 1) Recommendation that the Board of County Commissioners authorize the Chairman to sign an agreement with the Agency for Health Care Administration for $235,180 to participate in the Lower Income Pool Program for Federally Qualified Health Centers for services provided for the County's most vulnerable citizens and generate $326,263 in Federal matching funds for Collier Health Services, Inc. E. ADMINISTRATIVE SERVICES 1) Recommendation to award Contract 06-4054, On Call Software Development Services, to the following three professional services firms for a term of two years: Idea Integration in Jacksonville, Florida; Latitude Geographics in Victoria, British Columbia and SkillStorm in Bradenton, Florida. 2) Recommendation to confirm and consent to the name change of contractor on Contract No. 04-3588 titled Fixed Term Material Testing Services from Professional Engineering & Inspection Co., Inc. (PEICO) d/b/a US Laboratories, Inc. to Bureau Veritas North America, Inc. Page 14 November 28, 2006 Moved to Item #10G 3) Recommendation to approve budget amendments for the Courthouse Annex Parking Garage, Project 520 I 0, in the total amount of $400,000. Moved to Item #10H 4) Recommendation to approve the award of Bid No. 06-4055 Full Service Auctioneer to Atkinson Realty & Auction, Inc. and Al Assets. 5) Recommendation to approve and execute the attached Second Amendment to Lease Agreement with Roger Carvallo c/o Sun Real Estate for the continued use within Court Plaza III for the Clerks Finance Department at an annual rent of $80,347.44. 6) Recommendation to grant a Deed of Conservation Easement to the South Florida Water Management District (SFWMD) for the Emergency Services Complex (ESC) and South Regional Library at a site located on Lely Cultural Parkway in Collier County, Florida and at a cost not to exceed $61.00, Projects 52160 & 54003. 7) Recommendation to approve Southern Folger Detention Equipment Company as the sole source provider for the repair and replacement of the Naples Jail Emergency Gang Lock Release System, and authorize the issuance of a Purchase Order in the amount of $495,536.00. Moved to Item #101 8) Recommendation to approve Change #3 to contract #05-3852, Design and Related Services for the South Regional Library with Schenkel Shultz Architecture, Inc. for additional design services related to changes in exterior and interior design, in the amount of $64,420, Project 54003. 9) Recommendation to design a Security Lobby for the W. Harmon Turner Building to accommodate the general public and staff. F. COUNTY MANAGER Page 15 November 28, 2006 1) Approve Memorandum of Understanding (MOU) between The Collier County Board of County Commissioners (CCBCC), through its Emergency Management Department, and the Civil Air Patrol (CAP) through its Florida Wing. 2) Approve Budget Amendments BA #07-079 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2005-06 Adopted Budget. Resolution 2006-BAR-Ol G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Board of County Commissioners authorize its Chairman to execute a Resolution authorizing the Collier County Airport Authority to enter into, modify, or terminate Master Joint Participation Agreement (MJPA) 2007-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. Resolution 2006-305 2) Approve Agreement for Sale and Purchase for the purchase of thirty- six (36) acres of panther mitigation land, to satisfy the United States Army Corps of Engineers permit requirements for development at the Immokalee Regional Airport/Tradeport, at a cost not to exceed $319,500. H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation recognizing The Naples Press Club for 10 years of commitment and contribution to the cultural and literary life of Collier County. (Proclamation will be picked up by recipient Ms. Joan Curley). Proclamation Adopted Page 16 November 28,2006 2) Proclamation designating Childhood Cancer Awareness Week November 27, 2006 through December 6, 2006. (Proclamation will be mailed to Steven A. Firestein). Proclamation Adopted 3) Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attending the Big Cypress Basin Holiday Luncheon on Thursday, December 7,2006, at Big Cypress Basin in Naples, Florida. $10.00 to be paid from Commissioner Halas' travel budget. 4) Commissioner Fiala request Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Government Day Leadership Collier Class of2007, on Thursday, October 5th, 2006, at the Collier County Museum; $15.00 to be paid from Commissioner Fiala's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Naples Chamber Farm City BBQ on Wednesday, November 22, 2006 at the Nobles Collier Packing Plant; $18.00 to be paid from Commissioner Fiala's travel budget. 6) Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attend the Marco Island Chamber Citizen of the Year/Christmas Gala on Wednesday, December 6th, 2006; $65.00 to be paid from Commissioner Fiala's travel budget. 7) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Blue Chip Community Recognition Breakfast on November 2,2006, at the Hilton Naples & Towers. $10.00 to be paid from Commissioner Henning's travel budget. 8) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Golden Gate Citizen of the Year Page 17 November 28,2006 Award Banquet on November 10, 2006, at The Strand Country Club. $35.00 to be paid from Commissioner Henning's travel budget. 9) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Commissioner Henning attended the Collier Building Industry Association, Inc. Installation of the 53rd Board of Directors and Officers, and Bujlder and Associate of the Year Awards Event on November 18, 2006, at The Naples Grande Resort & Club. $125.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To request approval of an amendment to Contract #03-3497, "Auditing Services for Collier County", with KPMG LLP, for $15,000 in services related to the issuance of the Collier County Water and Sewer Djstrict Bonds, Series 2006. K. COUNTY ATTORNEY 1) Recommendation to Approve Two Agreed Orders for Payment of Expert Fees in Connection with Parcels 105/705 and 111/711 in the Lawsuit Styled Collier County v. Raymond A. McCauley, et aI., Case No. 05-0633-CA (County Road 951 (CR 951) Project #65061). (Fiscal Impact: $19,068.00) 2) Recommendation to approve an Agreed Order Awarding Appraisal Fees for Parcels 131 and 132 in the lawsuit styled Collier County v. West Coast Development Corp., et aI., Case No. 06-0708-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact $6,000.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF Page 18 November 28, 2006 ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. The approved Resolution No. 2006-188 has an INCORRECT date of February 10,2007 for CUE-2006-AR-9424, American Dream Builders, Inc's Model Home and Model Home Sales Centers Conditional Use Extension, the CORRECT date has been changed to November 28,2007. The subject property is located at 4050 13th Avenue South West, at the corner of 13th Ave SW and Collier Blvd (CR 951), in Section 15, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2006-306 B. This item was continued from the October 24 BCC meetinf! and is further continued to the November 28 BCC meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT- 2006-AR-99l6-Imperial Wilderness Storage Maintenance Parcel to disclaim, renounce and vacate the County's and the Publics interest in that portion of a 65 foot wide drainage easement in the West one-half of the Southwest Quarter of Section 12, Township 51 South, Range 26 East Collier County, Florida. Resolution 2006-307 C. This item was continued from the October 24 BCC meetinf! and is further continued to the November 28 BCC meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT- 2006-AR-10083, The Rookery at Marco to disclaim, renounce and vacate the County's and the Publics interest in a portion of a fifteen-foot wide Collier County utility easement as recorded in O.R. Book 1664, Page 1963, Public Records of Collier County, Florida, and more specifically described in Exhibit A. Page 19 November 28, 2006 Resolution 2006-308 D. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 72-1, as amended (The Collier County Lighting District) by amending Section One, Area Established, by Deleting Edgewild Subdivision, now known as Quail Woods Estates; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing for an effective date. Ordinance 2006-54 E. This item was continued from the October 24 BCC meetinf! and is further continued to the November 28 BCC meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VROW- 2006-AR-9674 Lucerne Road to disclaim, renounce and vacate the County's and the Publics interest in a portion of Lucerne Road adjacent to Block 115, Golden Gate Portion 4, according to a map thereof, as recorded in Plat Book 5, Pages 107, of the Public Records Collier County, Florida. Resolution 2006-309 F. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VESMT-2006-AR-995I, Townhomes at Raffia Preserve, disclaiming, renouncing and vacating the County's and the Publics interest in two existing public right-of-way easements, one being the West 30 feet of the South of the Northwest of the Northwest, together with West 30 feet of the North of the Southwest of the Northwest of Section 34, Township 48, Range 26; The other being the East 30 feet of the North of the South Northeast of the Northwest, together with the East 30 feet of the South of the South of the Northeast of the Northwest and the East 30 feet of the North of the Southeast of the Northwest of Section 34, Township 48, Range 26, Collier County, Florida. Resolution 2006-310 G. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VPLA T-2006-AR-98 10, 1487 Bembury Drive, disclaiming, renouncing and vacating the County's and the Publics interest in the Ten-Foot wide drainage easement encumbering the East Five-feet of Lot 12 and the West Five-feet of Lot 11, Storter Subdivision, as recorded in Page 20 November 28, 2006 Plat Book 5, Page 106, of the Public record of Collier County, Florida, and more specifically described in Exhibit A and to accept a replacement drainage easement, as depicted and described in Exhibit B in place of the vacated easement. Resolution 2006-311 H. Recommendation to approve an Amendment to Ordinance No. 80-80, as Amended, to extend the Reporting Requirements Timeframe of the Emergency Medical Services Advisory Council. Ordinance 2006-55 I. This item has been continued to the December 12. 2006 BCC Meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition A VROW-2006-AR-9477, GOLDEN GATE ESTATES UNIT 95 to disclaim, renounce and vacate the County's and the Publics interest in a 60 foot wide right of way easement known as 7TH A venue NW (Cherrywood Drive) over portions of Tracts 15 & 16, Golden Gate Estates Unit 95, according to the plat thereof, as recorded in Plat Book 9, Page 45, of the Public Records of Collier County, Florida, and more specifically described in Exhibit A, and to accept a 20 foot wide alternate drainage easement and two I 0 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. J. This item has been continued to the December 12.2006 BCC meetinf!. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members. Recommendation to approve Petition A VESMT-2006-AR-9775, Hanson to disclaim, renounce and vacate the County's and the Publics interest in the south 30 feet of the South half of the Southwest quarter of the Northwest quarter of the Northeast quarter of Section 24, Township 48 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 21 November 28, 2006