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Recap 12/12-13/2006 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Ii", ~......; " '.... '," ""'" -- AGENDA December 12-13,2006 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, Page 1 December 12-13,2006 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 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 Frank Halas by Judge Ramiro Manalich. Sworn in 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 consent and summary agenda.) Approved and/or Adopted with changes - 5/0 B. November 14,2006 - Bce Regular Meeting Approved as presented - 5/0 C. November 15,2006 - Value Adjustment Board Special Magistrate AM and PM Sessions Approved as presented - 5/0 D. November 21,2006 - Value Adjustment Board Special Magistrate AM Session Approved as presented - 5/0 Page 2 December 12-13, 2006 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation recognizing Max Mayfield and all personnel at The National Hurricane eenter and National Weather Service serving in a variety of roles for their unselfish dedication to Florida's residents and visitors. To be accepted by Mr. Max Mayfield. Adopted - 5/0 5. PRESENTATIONS A. Presentation by Dewberry and Davis and eollier County Emergency Management on the findings of the abbreviated hurricane evacuation re- study. Presented B. Presentation by MCM, Inc. on the status of the Airport Road Overpass and six-laning of Golden Gate Parkway project. Presented - To return at the January 9, 2007 BCC Meeting with another detailed schedule update Continued to the February 13, 2007 BCC Meeting C. This item to be heard at 11 :00 a.m. Recommendation to hear a presentation from the U.S. Fish and Wildlife Service regarding the use of the Panther eonsultation Area in reviewing land development activities in Collier County. 6. PUBLIC PETITIONS Withdrawn A. Public Petition request by Alana Giannone to discuss Collier County being added to the Kyoto Protocol. Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 3 December 12-13, 2006 8. ADVERTISED PUBLIC HEARINGS A. Recommendation that the Board of County Commissioners review and approve an Ordinance Creating the Naples Park Lake and eul-De-Sac 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 eounty Manager or his designee; providing for conflict and severability; providing for inclusion in the Collier eounty Code of Laws and Ordinances; and providing for an effective date. Motion to Continue Indefinitely - Approved 4/1 (Commissioner Coyle opposed) Continued to the February 13, 2007 BCC Meeting B. This item was continued from the September 12, 2006 BCC meetin!! and has been reQuested bv the petitioner to be further continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-A-2005- AR-8438: Lakeview Drive of Naples, LLC, represented by elay Brooker, of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a rezone from the Residential Multiple Family-6 (RMF-6 & RMF-6(3)) zoning districts (a portion of which is subject to a Special Treatment Overlay (ST)) to the Residential Planned Unit Development (RPUD) by amending the approved Windstar PUD to add the subject 20.52 acres and its additional residential units thereby allowing a maximum of 584 residential units on 341.1 acres. The subject property is generally located on the west side of Bayshore Drive, approximately 0.6 miles south of the Bayshore Drive and U.S. 4l (Tamiami Trail East) intersection in Sections, ll, 14 and 23 Township 50 South, Range 25 East, eollier eounty, Florida. Motion to Continue to the February 13, 2006 BCC meeting - Approved 5/0 C. This item was continued from the November 28, 2006 BCC Meetin!!. Recommendation that the Board review and approve an Ordinance ereating 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 Page 4 December 12-13, 2006 Advisory eommittee, Appointment and composition; Providing for the terms of office of the Advisory eommittee; 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 eounty Manager or his designee; Providing for the review process of the Advisory eommittee; Providing for conflict and severability; Providing for inclusion in the eollier eounty Code of Laws and Ordinances; Providing for an effective date. Ordinance 2006-60 Adopted - 5/0 D. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2005-AR-8039: SJe Whippoorwill, LLe, represented by Gary Butler of Butler Engineering, Inc. and Brian Mansour, requesting a rezone from the Agricultural (A) zoning district to the Residential Multi-Family-6 (RMF-6) zoning district for a project known as eayo Whippoorwill. The subject property, consisting of 10 acres, is located at 1450 Whippoorwill Lane, approximately 3,500 feet south of Pine Ridge Road, in Section l8, Township 49 South, Range 26 East, Collier eounty, Florida. Ordinance 2006-61 Adopted w/stipulations - 5/0 E. This item reQuires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2003- AR-4988: Waterways Joint Venture V, represented by Dwight H. Nadeau, of RWA, Inc., and Richard D. Yovanovich, of Goodlette, Coleman & Johnson, P.A., requesting a rezone from Planned Unit Development (PUD) and Rural Agricultural (A), to Residential Planned Unit Development (RPUD) for a project to be known as Summit Lakes RPUD, to allow development of a maximum of968 single-family attached or detached dwelling units, multi- family dwelling units, and associated accessory uses and consideration and approval of an Affordable Housing Density Bonus Agreement authorizing the developer to utilize affordable housing bonus density units (in the amount of 415 units at 3.0 bonus density units per acre) in the development of this project for low-income residents that will include a maximum of lO percent of the total number of residential units for Workforce Housing and lO percent for Gap Housing units. Access to the property will be from Immokalee Road (County Road 846). The property is located approximately mile east of the intersection of eollier Boulevard (e.R. 95l) and Immokalee Road (C.R. 846). The property is in Section 26, Township 48 South, Range 26 East, Collier eounty, Florida, and consists of 138.3 acres. (Companion Page 5 December 12-13, 2006 to Item 10E Summit Lakes RPUD) Ordinance .2006-62 Adopted 5/0 (December 13, 2006) F. This item to be heard before Companion Item 8G PUDZ-A-2006-AR- 9021 LASIP Conservation CFPUD. This item was continued from the November 28, 2006 BCC meetin!! and is reQuested to be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDA-2006-AR- 9576 The elub Estates II, LLe, represented by Michael Fernandez, AIep, of Planning Development Incorporated, requesting a PUD Amendment to change the elub 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.l8 units per acre, and is located on the west side of eollier Boulevard (e.R. 951), approximately 1 mile north of Rattlesnake-Hammock Road, in Section 10, Township 50 South, Range 26 East, Collier eounty, Florida. (Companion to PUDZ-A-2006-AR-9021 LA SIP Conservation CFPUD) Motion to Continue Indefinitely - Approved 5/0 (December 13,2006) G. This item to be heard followin!! Companion Item 8F PUDA-2006-AR- 9576 Homes of Islandia RPUD. This item was continued from the November 28, 2006 BCC meetin!! and is reQuested to be continued indefinitely. This item requires that all participants be sworn in and ex parte disclosure be provided by eommission members. PUDZ-A-2006-AR-902l LASIP Conservation eFPUD Collier eounty Transportation Division, represented by Fred Reischl, AIep, of Agnoli Barber & Brundage, requesting a PUD to PUD Rezone (The Club Estates) to PUD (LASIP eonservation 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 by eollier eounty. 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 eollier Boulevard, south of elub Estates Drive and north of Naples Lakes Country elub, in Section 9, Township 50 South, Range 26 East, eollier Page 6 December 12-13, 2006 County, Florida (Companion to PUDA-2006-AR-9576 Homes of Islandia) Motion to Continue Indefinitely - Approved 5/0 (December 13, 2006) H. Recommendation that the Board of County Commissioners conditionally approves Petition A VROW-2006-AR-99 1 8, which seeks to vacate the County's and the Publics interest in Gulf Shore Court and a portion of Center Street, according to the plat of Vanderbilt Beach Center, as recorded at Plat Book 3, Page 16, Public Records of Collier County, Florida, and as more specifically described in Exhibit A. Resolution of Denial: 2006-326 Adopted - 3/2 (Commissioner Henning and Commissioner Coyle opposed) (December 13, 2006) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Community Center Advisory Committee. Resolution 2006-323: Adopted - 5/0 with waiver of term limits - Re- appointed Vicki Clavelo, William Arthur, and Ernie Bretamann B. Appointment of members to the Parks and Recreation Advisory Board. Resolution 2006-324: Adopted - 5/0 Re-appointing Frank Donohue and Edward Olesky (w/waiver of term limits) and Appointing Sarah Geroy C. This item continued from the November 28,2006 BCC Meeting. Appointment of members to the East of 951 Infrastructure and Services Horizon Study Public Participation Master Plan Committee. Resolution 2006-325: Adopted - 5/0 - Re-confirmed Clarence Tears, Jr. and Richard Rice, Re-appointed Mark Teaters and Michael Dedio D. Appointment of members to the Collier County Citizens Corps. Resolution 2006-322: Adopted - 5/0 - Re-appointed Russell Rainey, Deborah Horvath, Alejandro Castillo, Douglas Porter and James Elson 10. COUNTY MANAGER'S REPORT A. Recommendation to approve Professional Service Agreement No. 06-4000 for engineering and permitting services to be provided by CH2MHill, for the design of Vanderbilt Beach Road Extension to be constructed from Collier Boulevard to Desoto Boulevard, Project #60168, in the amount of Page 7 December 12-13, 2006 $5,650,000. (Norman Feder, Administrator, Transportation Services) Approved - 5/0 B. This item to be heard at 4:00 p.m., December 12, 2006. Recommendation that the Board of County Commissioners accept the Annual Report on the activities related to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance Program. (Joseph K. Schmitt, Administrator, eommunity Development and Environmental Services) Approved w/stipulations - 5/0 Continued indefinitely C. This item to be heard followin1! Item lOB. This item was continued from the November 28, 2006 BCC Meetin1!. Recommendation to approve the application by e- Tech Manufacturing Florida, LLe for the Job ereation Investment Program and the Fee Payment Assistance Program and to consider all four Economic Incentives as one budget. (Joseph K. Schmitt, Administrator, eommunity Development) D. Recommendation to approve a Developer Contribution Agreement (DCA) between eameron Partners, LLC and Collier eounty to obtain right-of-way for the future expansion of the intersection of Immokalee Road and eollier Boulevard. (Nick Casalanguida, Transportation Planning Department) Approved - 5/0 E. This item to be heard directly followin1! Item 8E. Recommendation to approve a Developer Contribution Agreement (DCA) between the developer of Summit Lakes RPUD, Waterways Joint Ventures V (Developer) and Collier County (County) to construct the Tree Farm, Woodcrest and Massey alternative roadway project (Project). (Companion to Item 8E Petition PUDZ-2003-AR-4988) (Nick easalanguida, Transportation Planning Department) Approved - 5/0 (December 13, 2006) F. Recommendation to award contract #07-4082, Golden Gate Library Expansion to DeAngelis Diamond eonstruction for the construction of the Golden Gate Library, project 5426l, in the amount of$4,879,000 and to approve the necessary budget amendments. Approved - 3/1 (Commissioner Halas opposed, Commissioner Coyle out) Page 8 December 12-13, 2006 G. Report to the Board of County Commissioners providing the findings of the survey of businesses bounded by Pine Ridge Road, Airport-Pulling Road, Taylor Road and Trade Center Way; designated Urban-Industrial District on the Future Land Use Map of the Growth Management Plan; and, zoned Industrial. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Approved w/stipulations - 4/1 (Commissioner Halas opposed) H. To provide information to the Board of County Commissioners outlining the extent of changes, time schedules, issues and ramifications that can be associated with applying concurrency at the time of rezoning in order for the BCC to discuss and provide staff the appropriate direction. (Joseph K. Schmitt, Administrator, Community Development) Discussed, staff to provide more accurate projections (December 13, 2006) I. Recommendation that the Board of County Commissioners provide direction to the County Manager or his assigned designee to change population methodology as requested by staff and suggested by the Florida Department of Community Affairs (DCA). (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) Approved - 5/0 (December 13, 2006) J. Presentation of Community Development and Environmental Services Division (CDES) reorganization as directed by the Board of County Commissioners based on goal to provide more focus on the core mission functions of the organization. (Kim Grant, Senior Operations and Management Consultant) Approved - 4/1 (Commissioner Fiala opposed) (December 13,2006) K. Recommendation to approve Contract Amendment No.1, Exhibit E, for a Guaranteed Maximum Price (GMP) of $6,740,820 under Contract No. 04- 3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center, with Kraft Construction Company, Inc. for the site work portion of the construction of the Emergency Services Complex and South Regional Library, project numbers 54003 and 52160. (Len Price, Administrator, Administrative Services) Resolution 2006-327 Adopted - 5/0 (December 13, 2006) Page 9 December 12-13, 2006 Added M. L. Recommendation that the Board of eounty eommissioners authorize the County Manager or his designee to expend a maximum of $1 ,285,000 within the Community Development and Environmental Services Division to address critical building renovation needs, not to include any lobby expansion at this time, and to give approval for any subsequent Budget Amendments required to fund such renovations. (Joseph K. Schmitt, Administrator, eommunity Development) Approved - 5/0 (December 13, 2006) Recommendation to approve an Agreement between Creative Differences Productions, Ltd. (the "Producer"), Discovery Communications, Inc. (the "eompany") and the Board of eounty Commissioners of Collier eounty, Florida to authorize entry upon the premises of the District Twenty Medical Examiner for the Collier eounty to film and photograph for the purpose of creating a documentary for distribution on the Discovery ehannel and other media. (Staffs request) Approved - 5/0 (December 13, 2006) Moved from Item #16AI0 N. Request for authorization of the use of a temporary sales center for Pulte Home sales in the town of Ave Maria at an existing Pulte Homes sales facility located within the Orange Blossom Ranch PUD. Approved - 4/1 (Commissioner Halas opposed) (December 13, 2006) Added O. Recommendation to authorize the eounty Attorney's Office to prepare and advertise an Ordinance Amendment increasing the maximum additional Homestead Exemption for low-income seniors from $25,000 to $50,000. (Staffs request) Approved - 4/0 (Commissioner Coyle not present) (December 13,2006) Moved from Item #16A2 P. Recommendation to name certain acquired Conservation Collier Preserves. Approved - waiving policy regarding naming - 5/0 (December 13, 2006) 11. PUBLIC COMMENTS ON GENERAL TOPICS - None 12. COUNTY ATTORNEY'S REPORT Page 10 December 12-13,2006 A. This item to be heard at 1 :00 p.m. Recommendation for the Board to make a written settlement offer as provided by Section 70.00 1 (4)(b) of the Bert J. Harris, Jr., Private Property Rights Protection Act to settle Case No. 05-962- eA currently pending in the eircuit eourt of the Twentieth Judicial Circuit in and for Collier eounty, Florida and also to resolve all claims including, without limitation, claims under the Bert J. Harris, Jr., Private Property Rights Protection Act that relate or refer in any way to the May 10, 2005 PUD Amendment denial relative to what is sometimes referred to as the eocohatchee Bay Project (Planned United Development Ordinance No. 2000-88). Approved w/changes - 5/0 B. Recommendation that the Board of County Commissioners discuss and give direction to the Office of the County Attorney concerning an ordinance amendment to provide for super-majority voting for purposes of approving certain types of settlements of land use disputes and land use litigation. Approved - 4/1 (Commissioner Coletta opposed) (December 13, 2006) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS Mudd- Received a letter regarding growth rate of Naples and Marco Island, Proposed joint agenda w/city of Naples during meeting on 12/18/06, and additional personnel for community development. County Attorney- Updating Lobbyist ordinance regarding disclosures Halas- It has been a pleasure to be chair and thanks to everyone Fiala- Thanks to everyone who has asked about her husband, doing better Hennin1!- Went to Immokalee this past weekend to check on housing and code enforcement efforts, and how arrowhead has built up and ready for the workforce to move in. ------------------------------------------------------------------------------------------------------------ 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 - 5/0 Page 11 December 12-13, 2006 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Recommendation to approve the Release and Satisfaction of a eode Enforcement Lien against Larry & eorrena McVey for payment received. Moved to Item #10P 2) Recommendation to name certain acquired eonservation Collier Preserves. 3) Recommendation to approve a modified resolution opposing the de- designation of the Big Cypress Area of Critical State Concern (AeSC) and direct the County Manager or his assigned designee to provide the resolution to the Office of the Governor, the Florida Administration Commission and the Florida Department of Community Affairs. Resolution 2006-318 4) Recommendation to approve an amendment to the Local Housing Assistance Plan (LHAP) for fiscal years 2004-2005, 2005-2006 and 2006-2007, to implement required technical revisions received from the Florida Housing Finance Corporation. Resolution 2006-319 5) Recommendation to approve final acceptance of the water utility facility for Ascot at Lely Resort. W /release of Utilities Performance Security 6) Recommendation to approve the Release and Satisfaction of Code Enforcement Liens against Lonnie A. Grey and elaude E. LaRue for payments received. 7) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Independence Phase Two-A, approval of the standard form eonstruction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations Page 12 December 12-13, 2006 8) This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Vercelli, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations 9) This item requires that ex parte disclosure be provided by eommission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Piacere - Pavia, approval of the standard form eonstruction and Maintenance Agreement and approval of the amount of the performance security. W /stipulations Moved to Item #10N 10) Request for authorization of the use of a temporary sales center for Pulte Home sales in the town of Ave Maria at an existing Pulte Homes sales facility located within the Orange Blossom Ranch PUD. B. TRANSPORTATION SERVICES 1) Approve the purchase of 5.15 acres of improved property of which a portion is required for road right of way for the Vanderbilt Beach Road extension proj ect. Proj ect No. 60 168 (fiscal impact: $851,730.00) Located between Collier Boulevard and Wilson Boulevard 2) Recommendation to approve the Amended and Restated Agreement for Haldeman ereek Disposal with Lakeview Drive of Naples, LCe, a Florida Limited Company. 3) Recommendation that the Board authorize the County Manager, or his designee, to execute a revised License Agreement between eollier eounty and individuals or businesses licensed to practice surveying and mapping in the State of Florida to allow access to the eounty's Global Positioning System (GPS) Network for the purpose of surveying and mapping allowing for a two year (2) contract period Page 13 December 12-13, 2006 and a twenty dollar ($20.00) per month rover access fee. 4) Recommendation to approve a Resolution authorizing the ehairman of the Board of eounty eommissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which eollier eounty would be reimbursed up to $405,000 for paved shoulders on Immokalee Road (eR 846) from north of Platt Road to east of Corkscrew Lane/Sanctuary Road. (Project # 60016) Resolution 2006-320 C. PUBLIC UTILITIES 1) Recommendation to approve contract 06-3991 with Perkin Elmer in the amount of $210,000 for Specifications for a Laboratory Information Management System and approve the necessary Budget Amendment. Designed specifically for use in analytical laboratories 2) Recommendation to approve Change Order Number One to Work Order Ue-189 in the amount of$18,767.68 and Change Order Number One to Work Order ue-233 in the amount of $9,924.46 with D.N. Higgins eorporation for the repair of one potable and one irrigation quality water main failure in the eollier County Water- Sewer District. For emergency repairs at intersections US 41 & Rattlesnake Hammock Road and Cypress Way West and Fairway Circle 3) Approval of an agreement with the Florida Department of Environmental Protection to conduct ambient air quality monitoring within eollier County. To determine the levels of local air quality for an agreement period of five(5) years 4) Approval of an inter-local agreement with the Collier County School Board to retain ozone and PM2.5 monitoring equipment at Laurel Oak Elementary School to conduct ambient air quality monitoring for the urban area of the eounty. Continued to the January 9, 2007 BCC Meeting Page 14 December 12-13, 2006 5) Recommendation to convey a Utility Easement to the Water-Sewer District for five public water supply well sites, associated pipelines, and access on the eollier eounty Fairgrounds property at an estimated cost not to exceed $61.00, for the North East Regional Water Treatment Plant Wellfield, Project Number 70899. Continued to the January 9, 2007 BCC Meeting 6) Approval of agreement with the South Florida Water Management District to monitor ground water in eollier eounty in the amount of $337,601 and the associated budget amendment. 7) Recommendation to approve the Selection Committees recommendation for Project Management Oversight Services and approve time and material Work Order No. URS-FT-3657-07-03 with URS Inc. in the amount not to exceed $405,660 for Solid Waste Capital Projects. Continued to the January 9, 2007 BCC Meeting 8) Approval to transfer funds and the associated budget amendments for Agreement ML070554 and ML040284 with the South Florida Water Management District (SFWMD) from Miscellaneous Grant Fund (116) to Water Pollution eontrol Fund (114). D. PUBLIC SERVICES 1) Recommendation to authorize a budget amendment to place $31,500 awarded by the Bill and Melinda Gates Foundation Public Access Hardware Upgrade Grant in Fund 129 so that funds can be expended by December 31, 2006. For upgrading public access computer equipment previously donated 2) Recommendation to authorize the ehairman to sign the agreement between eollier eounty Board of eounty eommissioners and the Area Agency on Aging for Southwest Florida, Inc., approve the Older Americans Act continuation grant in the amount of$858,4l3, and approve budget amendments in the amount of $443,904. For the period of January 1, 2007 through December 31, 2007 Page 15 December 12-13, 2006 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the donation of surplus items to the Sheriffs Ranches Enterprises. As detailed in the Executive Summary 2) Recommendation to revise award of Bid 06-4048, Quick eopy Services from Cecil's Copy Express and Ray Lepar Printing to Cecil's Copy Express and Pro Print of Naples, Inc. for Section II (letter size, collated multiple originals) of the contract. Due to an error in bid tabulation 3) Recommendation to reject all responses received under Bid 06-4052, Marco Island Library Rose Hall Addition, Project #54004. For the construction of a meeting room addition 4) Report and Ratify Staff-Approved ehange Orders and Changes to Work Orders to Board-Approved Contracts. For the period of October 23, 2006 through November 16,2006 5) Recommendation to award Bid 07-4078 "On Call Mechanical eontractor Services" to United Mechanical, Inc. as primary, eortez Commercial Systems as secondary and CNS Industries as the third option for Mechanical Engineering and Contractor Services. For the maintenance, repair and replacement of all County owned air-conditioning equipment 6) Recommendation to award Work Order No. PBS-FT-397l-07-02 under Contract No. 06-3971, Annual eontract for General eontractors Services, to Wall Systems, Inc. of Southwest Florida, d/b/a/Professional Building Systems (PBS) for renovations to the third floor of Building H for the eollier eounty Health Department, in the amount of One hundred eighty nine thousand, nine hundred ($189,900.00) dollars. To accommodate the Vital Statistics and Epidemiology Department F. COUNTY MANAGER Page 16 December 12-13, 2006 1) Recommend Approval of Bid #06-4003R Artificial Reef Mitigation Project to eenter eontracting Corporation for total base bid amount of $998,898.00 (Project No. 905271). The reef will be located approximately one-half mile off Naples Beach opposite Third Avenue North 2) Recommendation to approve a eertificate of Public Convenience and Necessity for the Collier eounty Emergency Medical Services Department at a renewal rate for FY 07 of $250.00. 3) Recommendation to approve a Florida Emergency Medical Services County Grant Application, Grant Distribution Form and Resolution for Training and Medical/Rescue Equipment and Supplies in the amount of$163,4l9.00 and to approve a Budget Amendment to appropriate additional grant funds in the amount of $63,419.00 which is the difference between the $100,000 budgeted for FY 07 and the $163,419 deemed by the State of Florida as the grant award. Resolution 2006-321 4) Recommendation to approve spending up to $30,000 for appraisals and pre-contract expenses associated with the potential purchase of the Holland Salley Warehouse located at 2231 Linwood Avenue. To house emergency supplies in support of disaster response 5) Approve budget amendments. Budget Amendment #07-082 to replace a 1998 Ford Taurus 6) Recommendation to Approve a Budget Amendment Appropriating Additional Revenue in the Freedom Memorial Trust Fund. To reflect additional donations G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute a Site Improvement Grant Agreement(s) between the eollier eounty eommunity Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment Area. For the American Legion Post 135 located at 2296 East Tamiami Trail Page 17 December 12-13, 2006 Withdrawn 3) 4) 2) Recommendation that the Collier eounty Board of County Commissioners approve and authorize its Chairman to execute a forty (40) year Sub-Lease Agreement between the Collier eounty Airport Authority and C- Tech Manufacturing Florida, LLe at an initial rent of Sixty Five Thousand Three Hundred Forty Dollars ($65,340) per year for construction of a minimum 196,000 square foot manufacturing facility on fifteen (15) acres at the Immokalee Regional Airport/ Tradeport. Recommendation that the Collier County Board of County eommissioners approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the Collier County Airport Authority and Robert Forbis, Inc. d/b/a Premier Electric at an initial rent of Forty Eight Thousand Three Hundred Fifty-One Dollars and Sixty eents ($48,351.60) per year for the construction of a minimum 35,000 square foot assembly, packaging, warehousing and distribution facility on eleven and one tenth (1l.l) acres at the Immokalee Regional Airport/ Tradeport. Recommendation that the eollier eounty Board of County Commissioners approve and authorize its Chairman to execute a thirty-five (35) year Sub-Lease Agreement between the Collier County Airport Authority and Salazar Machine & Steel, Inc. at an initial rent of Two Thousand Dollars ($2,000) per year for the construction of a minimum 20,000 square foot manufacturing facility on one and one-half (1.5) acres at the Immokalee Regional Airport/Tradeport. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement for attending a meeting serving a valid pubic purpose. Attended the Marco Island Kiwanis elub Annual Meeting on Saturday, November 11 th at the Marco Island Yacht elub; $50.00 to be paid from eommissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE Page 18 December 12-13,2006 1) To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to create a Magistrate and Case Manager position for the Courts. (FY07 costs of$150,000) To assist with moving cases through the civil court system 2) Recommendation to increase the hours for the Citizen's Foster eare Review Panel (eFCRP) Director (FY07 costs of $21,132). Used for overseeing juvenile dependency cases for the court 3) Recommendation to approve ehange Order # 1 to add $404,405 to eontract #03-3497, Auditing Services for Collier County, with KPMG LLP, in order to reflect total services contracted through November 28, 2006. As detailed in the Executive Summary 4) Recommendation that the Board of County Commissioners accept the report of Interest for the fiscal year ending September 30, 2006 pursuant to Florida Statute 2l8. 78. Interest paid for the fiscal year included two payments: one in the amount of $32,031.08 to Douglas Higgins, Inc., Project Number 73086 and one to AMJ Equipment Corporation in the amount of$267.9l for a total of$32,298.99. K. COUNTY ATTORNEY 1) Recommendation to Approve an Agreed Order for Payment of Expert Fees and eosts in eonnection with Parcels 110 and 710 in the Lawsuit Styled eollier County v. Salvadore Villanueva, Jr., et aI., Case No. 05-l000-eA (eR 951, Project No. 65061) Fiscal Impact: $8,539.00. 2) Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs in eonnection with Parcel 119 in the Lawsuit Styled Collier eounty v. Perry W. Ross, Individually and as Trustee, et aI., ease No. 04-41 74-eA (Rattlesnake-Hammock Road, Project No. 60169) Fiscal Impact: $13,950.00. 3) Recommendation to Approve an Agreed Order for Payment of Expert Fees in eonnection with Parcel 140 in the Lawsuit Styled Collier Page 19 December 12-13, 2006 eounty v. Rosa A. Hernandez, et aI., ease No. 05-l033-eA (eR 951, Project No. 65061) Fiscal Impact: $26,368.00. 4) Recommendation to approve a Stipulated Final Judgment for Parcel 122 in the lawsuit styled Collier eounty v. Village Walk HOA of Naples, Inc., et aI., Case No. 04-345-CA (Vanderbilt Beach Road Project No. 63051). (Fiscal Impact $6,857.00) 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 RECOMMENDA TION 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. An Ordinance of Collier County, Florida, amending Collier County Ordinance No. 2001-75, as amended, the Public Vehicle for Hire Ordinance, deregulating charter service rates; Authorizing discretionary increase to the taxi base rate by 25 cents per trip; Prohibiting rate discounts for taxi trips that begin and end in Collier eounty except for senior citizen passengers; Prevent vehicle inspection by an individual who is biased in favor of the vehicle passing the inspection; Staff must disregard operator's permit suspensions that are not related to driving a motor vehicle; Expand list of disqualifying criminal convictions and status as a criminal; Increase minimum insurance requirements by $25,000 for bodily injury to one individual; Authorize appeal to PV Ae if staff denies an application for a driver's ID; Increase some fines; Provide for inclusion into the Code of Laws and Ordinances; Provide for conflict and severability; Provide the effective date. Ordinance 2006-59 B. This meetin!! has been continued to the December 12, 2006 BCC meetin1! and is further continued to the Januarv 9, 2007 BCC meetin2. Page 20 December 12-13,2006 This item requires that all participants be sworn in and ex parte disclosure be provided by eommission 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 Avenue 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 eollier County, Florida, and more specifically described in Exhibit A, and to accept a 20 foot wide alternate drainage easement and two 10 foot by 10 foot alternate drainage easements over portions of Tract 15, as more specifically described in the attached exhibits. C. This item has been continued to the December 12, 2006 BCC meetin!! and is further continued to the January 9, 2007 BCC meetin1!. 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-9775, Hanson to disclaim, renounce and vacate the eounty'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 eounty, 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 December 12-13, 2006