Agenda 10/26/2010 Agenda IndexCOLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AIRPORT AUTHORITY
AGENDA
October 26, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice - Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5, CRAB Vice - Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB Chairman
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS 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. 2003 -53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24,
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." PUBLIC
PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
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) 252 -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.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Sammy Mosquera - United Pentecostal Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure
provided by Commission members for consent and summary agenda.)
B. September 23, 2010 - BCC /Budget Hearings
C. September 28, 2010 - BCC /Regular Meeting Minutes
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. Kevin Dugan, Transportation Engineering
B. 25 Year Attendees
1. Alice Toppe, Risk Management
C. 30 Year Attendees
1. Rhonda Tibbetts, Purchasing
D. 35 Year Attendees
1. Kathy Carpenter, Public Services Administration
4. PROCLAMATIONS
A. Proclamation designating October 26, 2010 as the Eleventh Anniversary Day of the Red Walk in
Collier County. To be accepted by Susan Barcellino. Sponsored by Commissioner Fiala.
B. Proclamation congratulating the Collier County Solid Waste Management Department for the
receipt of the 2010 Silver Excellence Award. To be accepted by Dan Rodriguez, Solid Waste
Management Director, and Solid Waste Management staff. Sponsored by Commissioner Halas.
C. Proclamation designating October 30, 2010 and October 31, 2010 as Swamp Buggy Races
Weekend. To be accepted by The Honorable Chuck McMahon, Casey Rornback, The Honorable
Thomas Cannon, Norman Tester, Rob Swiss, Randy Johns and Mark Creel. Sponsored by
Commissioner Coletta.
D. Proclamation designating October 26, 2010 as The Safe and Healthy Children's Coalition Water
Safety Day. To be accepted by Dr. Vedder and associates. Sponsored by Commissioner
Coletta.
E. Proclamation designating November 4 through November 7, 2010 as Naples Film Festival Week.
To be accepted by Rowan Samuel, Founder and Chief Executive Officer of the Naples
International Film Festival. Sponsored by Commissioner Coletta.
5. PRESENTATIONS
A. Presentation of the Collier County "Business of the Month" award to Conditioned Air of Naples
for October 2010. To be accepted by W. Theodore Etzel, 111, President & CEO.
B. Presentation of the Advisory Committee Outstanding Member of the Month Award to Jeffrey S.
Curl for his contribution to the Land Acquisition Advisory Committee.
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C. Presentation by Clarence Tears, Director, Big Cypress Basin, regarding real -time modeling and
gate operations.
6. PUBLIC PETITIONS
A. This item continued from the September 28, 2010 BCC Meeting. Public Petition request from E's
Country Store at Oil Well Road and Immokalee Road.
B. This item continued from the October 12, 2010 BCC Meeting. Public Petition request from Ms.
Monique Perez Marini requesting assistance for Chinese drywall remediation.
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 an Ordinance amending 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 the Collier County Emergency
Medical Services Impact Fee Study Update, dated September 30, 2010, and the Collier County
2010 Fire /Rescue Services Impact Fee Update Study Ochopee and Isles of Capri Fire Control
and Rescue Districts; amending the Fire Impact Fee rate schedule, which is Schedule Five of
Appendix A, in accordance with the findings of the update study; amending the Emergency
Medical Services Impact Fee rate schedule, which is Schedule Seven of Appendix A, as set
forth in the update study, which provides for a reduction in rates; providing for a delayed
effective date of November 1, 2010 for the amended Emergency Medical Services Impact Fee
rates and a delayed effective date of January 24, 2011 for the amended Fire Impact Fee rates, in
accordance with the 90 -day notice requirements of Section 163.31801, Florida Statutes, which
is the Florida Impact Fee Act.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Estates Land Trust Committee.
10. COUNTY MANAGER'S REPORT
A. Recommendation to accept the report on the status of cable television competition within
Collier County. (Jamie French, Manager, Operations and Regulatory Management, Growth
Management Division)
B. Recommendation to approve the FY 11 contract between Collier County and the State of Florida
Department of Health for operation of the Collier County Health Department in the amount of
$1,666,400. (Marla Ramsey, Public Services Administrator)
C. Recommendation to adopt a Bond Resolution authorizing the refunding of all of the Countys
outstanding Capital Improvement Revenue Bonds, Series 2002, in the amount not to exceed
$27,300,000. (Mark Isackson, Corporate Financial Planning and Management Services, County
Manager's Office)
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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.
A. GROWTH MANAGEMENT DIVISION
1. Recommendation to approve final acceptance of the water and sewer utility facilities for
Mercato.
2. Recommendation to approve final acceptance of the water utility facility from Osprey Pointe at
Pelican Marsh Condominium Association, Inc.
3. Recommendation to approve the partial release of lien in the Code Enforcement Action entitled
Board of County Commissioners vs. Ted Zhi Luo, Code Enforcement Board Case No. 2007 -100,
relating to property located at 11580 Riggs Road, Collier County, Florida.
4. Approve Change Order No. 5 to the agreement between Collier County and Van Buskirk, Ryffel
and Associates Inc. for the updating of the Collier Interactive Growth Model (CIGM) and for
continued interaction with the Horizon Study Oversight Committee.
5. Recommendation to approve Release and Satisfactions of Lien for five separate Code
Enforcement cases.
6. Recommendation to approve an Amendment to an existing Purchase Agreement With Extended
Possession related to the Vanderbilt Beach Road Extension Project. Project No. 60168 (Fiscal
Impact: $0.00).
7. Recommendation to approve an easement agreement for the purchase of a road right -of -way,
drainage and utility easement (Parcel 1344RDUE) required for the Vanderbilt Beach Road
Extension Project. (Project No. 60168 - Phase II.) Estimated Fiscal Impact: $6,575.
8. Recommendation to approve the adoption of the Zero Tolerance Substance Abuse Policy for
Collier Area Transit to be implemented by the transit management vendor, Tectrans.
9. Recommendation to enter into a Landscape Maintenance Agreement with the Kings Lake
Homeowners Association to allow the Association to perform maintenance along Kings Lake
Boulevard and other landscaped areas that may be within the County rights of way within the
HOAs jurisdiction and that the Board of County Commissioners waive the Right of Way
Permitting fee in the amount of $2,000.
10. Recommendation to approve the request by the Economic Development Council of Collier
County to provide a waiver of the minimum job creation requirement for a business locating in
western Collier County (creation of 20 full time jobs) in order to allow ValueCentric, LLC to be
accepted into the Job Creation Investment Program and the Broadband Infrastructure
Investment Program for the creation of a regional headquarters office in Collier County. (Fiscal
Impact: $48,750)
11. Recommendation to approve the application by Animal Specialty Hospital of Florida, LLC for
the Job Creation Investment Program.
B. COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a
Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant
within the Bayshore Gateway Triangle area. (4097 Bayshore Drive, $30,000.)
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2. Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a
Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant
within the Bayshore Gateway Triangle area. (2891 Bayview Drive, $50,000.)
3. Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a
Site Improvement Grant Agreement between the CRA and a Grant Applicant within the
Bayshore Gateway Triangle area. (2741 Riverview Drive, $8,000)
4. Recommendation that the Community Redevelopment Agency (CRA) approve CRA staff
attendance at Florida Brownfields Association 2010 Annual Conference; authorize payment of
attendees registration, lodging, travel and per diem from the Bayshore Gateway Triangle Trust
Fund (Fund 187) travel budget; and declare the training received as serving a valid public
purpose. (Fiscal Impact: $601)
C. PUBLIC UTILITIES
1. Recommendation to accept a South Florida Water Management District Alternative Water Supply
Grant in the amount of $500,000 for partial funding of the construction of the Irrigation Quality
Water Pond Liner, Project 73950.
2. Recommendation to award Bid No. 10 -5556, Bleach Storage and Feed Facility Modifications at
the South County Water Reclamation Facility, to Odyssey Manufacturing Company, in the
amount of $539,000 for Project No. 73969, South County Water Reclamation Facility Technical
Support.
3. Recommendation to approve the acquisition of easement area to improve upon the current
access route serving Master Pump Station 312 in order to ease inconvenience to neighboring
property owners for a total cost not to exceed $2,100 Project Number 72549.
4. Recommendation to approve a Payment Plan Agreement and the completion of a State of
Florida Uniform Commercial Code Financing Statement Form and a Security Agreement to
secure the payment plan debt between Ms. Denise Denard and the Collier County Water -Sewer
District as a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance 2001 -13,
as amended, for the wastewater impact fee and the Allowance for Funds Prudently Invested fee
for building permit number 2010070017.
D. PUBLIC SERVICES
1. Recommendation to approve and authorize the Chairman to sign four (4) change orders for
contract extensions to provide additional time to complete grant - related residential
rehabilitation activities being funded by the Collier County Neighborhood Stabilization
Program.
2. Recommendation to approve grant related expenditures in excess of $50,000 for real property
acquired under the Neighborhood Stabilization Program to fund rehabilitation activities.
Funding will ensure compliance with Collier County building code regulations and further the
goals and objectives of the Housing Element of the Growth Management Plan (estimated fiscal
impact $57,364.09).
3. Recommendation to approve and authorize the Chairman to sign ten (10) Subrecipient
Agreements for the Community Development Block Grant (CDBG) and Home Investment
Partnership Program (HOME) projects previously approved for Department of Housing and
Urban Development (HUD) funding in the 2010 -2011 Action Plan.
4. Recommendation to approve and authorize the Chairman to sign twelve (12) releases of liens for
deferral of 100 percent of Collier County impact fees for owner occupied affordable housing
dwelling units.
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5. Recommendation to authorize staff to apply for a US Soccer Foundation Grant in the amount of
$20,000 to provide for registration fees, uniforms, and soccer equipment for the Youth Soccer
program at Immokalee Sports Complex.
6. Recommendation to authorize staff to apply for a US Soccer Foundation Grant in the amount of
$100,000 to retrofit existing lighting at Immokalee Sports Complex.
E. ADMINISTRATIVE SERVICES
1. Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman as to
1/3 interest and Raymond and Terry Bennett also known as Terri Bennett, husband and wife, as
to 1/3 interest and Frank J. Celsnak and Marlene J. Celsnak Trustees U /D/T dated December 27,
1991 as to 1/3 interest for 2.73 acres under the Conservation Collier Land Acquisition Program
at a cost not to exceed $28,000.
2. Recommendation to approve an Agreement for Sale and Purchase with Mabel R. Boose, Trustee
of the Mabel R. Boose Trust, such trust having been established under that certain Revocable
Trust Agreement dated June 12, 2006 for 1.59 acres under the Conservation Collier Land
Acquisition Program at a cost not to exceed $16,500.
3. Recommendation to approve an Agreement for Sale and Purchase with Linda Jones, and Kay
Kinlaw- Presutti formerly known as Kay Kinlaw as Joint Tenants With Full Rights of
Survivorship for 1.59 acres under the Conservation Collier Land Acquisition Program at a cost
not to exceed $16,500.
4. Recommendation to approve an Agreement for Sale and Purchase with Aspen DaNee, LLC, a
Florida limited liability company, by its undersigned Managing Member, for 1.14 acres under
the Conservation Collier Land Acquisition Program at a cost not to exceed $9,100.
5. Recommendation to approve an Agreement for Sale and Purchase with Barbara S. Cannon, as to
an undivided 1/3 interest, and Marsha S. McElroy, formerly known as Marsha S. Ghent, as to an
undivided 1/3 interest, and Deborah S. Mullis, as to an undivided 1/3 interest for 2.27 acres
under the Conservation Collier Land Acquisition Program at a cost not to exceed $17,650.
6. Recommendation to approve a one year extension of contract 06 -3983, Group Health Third Party
Administration Services to Meritain Health, Inc. in the anticipated annual amount of $392,875.
7. Recommendation to authorize budget amendments appropriating $55,758 of FY2010 carry
forward for approved purchasing card transactions in Fiscal Year 2011 for operating budget
funds.
8. Recommendation to approve a Resolution establishing a policy for the acceptance of monetary
payment and land donations by the Conservation Collier Land Acquisition Program in lieu of
meeting off -site native retention requirements, as set forth in recent amendments to the Land
Development Code (LDC), Section 3.05.07.
9. Recommendation to authorize the on -line auction of Collier County surplus property.
F. COUNTY MANAGER OPERATIONS
Recommendation to approve a resolution approving budget amendments (appropriating grants,
donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget.
Recommendation that the Board of County Commissioners review and approve the Fiscal Year
2011 Strategic Plan for the Naples, Marco Island, Everglades Convention and Visitors Bureau
(CVB) and approve all necessary budget amendments.
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G. AIRPORT AUTHORITY
1. Recommendation to approve and authorize the Chairman to execute the attached Resolution
authorizing execution of Joint Participation Agreement Contract No. A0122 with the Florida
Department of Transportation to fund security upgrades at the Marco Island Executive Airport
in the amount of $60,000.
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval for reimbursement to attend the NAACP Freedom
Banquet. $65 to be paid from Commissioner Halas' travel budget.
2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a
function serving a Valid Public Purpose. Attended Marco Police Foundation Lunch with the
Chief at CJ's on the Bay, Marco Island, FL on September 27, 2010. $20 to be paid from
Commissioner Fiala's travel budget.
3. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a
function serving a Valid Public Purpose. Attended New Water System Effort Appreciation
Luncheon at Pelican Bend on Isles of Capri, FL on October 1, 2010. $12 to be paid from
Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. To obtain Board approval for disbursements for the period of October 2, 2010 through October
8, 2010 and for submission into the official records of the Board.
2. To obtain Board approval for disbursements for the period of October 9, 2010 through October
15, 2010 and for submission into the official records of the Board.
3. Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the
amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(1) with the
Board of County Commissioners.
4. Request that the Board of County Commissioners approves the transfer of tangible personal
property, purchased in FY 2010 to benefit the Collier County Sheriff, to the custody of the
Sheriff of Collier County.
5. Recommendation to approve a budget amendment recognizing carry forward earned from
previous year's interest and current interest earned in Supervisor of Elections grant fund
37008.
6. Recommendation to approve a budget amendment recognizing carry forward earned from
previous year's interest and current interest earned in Supervisor of Elections grant fund
37011.
K. COUNTY ATTORNEY
1. Recommendation to approve an Agreed Order Awarding Expert Fees and Costs in the amount of
$42,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A.L. Subs, Inc.,
et al., Case No. 09- 3691 -CA (Collier Blvd. Project No. 60092) (Fiscal Impact $42,000)
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2. Recommendation to approve a Stipulated Final Judgment in the amount of $127,500 for Parcels
169FEE and 169TCE in the lawsuit styled Collier County v. Scott Faunce., et al., Case No. 10-
2684-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $85,300)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. This item 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 Petition VAC- PL2010 -1116, to disclaim, renounce and vacate the County and the
Public interest in two 7.5 -foot wide drainage easements and in two 5 -foot wide landscape buffer
easements over Lot 2 and Lot 3, White Lake Corporate Park, according to the Plat thereof as
recorded in Plat Book 31, Pages 26 through 28, of the Public Records of Collier County, Florida,
situated in Section 35, Township 49 South, Range 26 East, Collier County, Florida, the
easements to be vacated are more specifically depicted and described in Exhibit A, and accept
the replacement drainage easement depicted and described on Exhibit B.
B. This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. Petition: PUDZ- 2008 -AR -14048 Robert E. Williams, Trustee of the Robert
E. Williams Trust dated October 5, 2004, represented by D. Wayne Arnold, AICP of Q. Grady
Minor and Associates, Inc., is requesting a rezoning from Commercial (C -2) and Mobile Home
(MH) zoning districts with a Rural Fringe Mixed Use Neutral Lands overlay to a Commercial
Planned Unit Development (CPUD) zoning district, with removal of the Rural Fringe Mixed Use
Neutral Lands overlay, for a project to be known as Corkscrew Commercial Center CPUD. The
rezoning petition allows for a maximum 60,000 square feet of commercial, retail, office, church
and school uses. The subject property consists of 8 +/- acres which is located at the northwest
corner of Immokalee Road and Platt Road in Section 27, Township 47 South, Range 27 East, in
Collier County, Florida.
C. Recommendation to adopt a resolution approving amendments (appropriating carry forward,
transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 252 -8383.
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