Backup Documents 06/23/2009 Recap
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
June 23, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice-Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
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. 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."
June 23, 2009
Page 1
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.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 5/0
B. May 26, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS (One motion was taken to adopt both proclamations)
A. Proclamation supporting the initiative of Basik Development to display a
retired Space Shuttle Orbiter at the Naples Big Cypress Marketplace. To be
accepted by Keith Basik.
Adopted - 5/0
June 23, 2009
Page 2
B. Proclamation designating July, 2009 as Collier County Parks and Recreation
Month. To be accepted by Barry Williams, Tona Nelson, Kerry Runyon,
Sidney Kittila, Tony Ruberto, Ilonka Washburn, Murdo Smith, Shari
Ferguson, Annie Alvarez and Jenny Morris.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation recognizing State Representative Matt Hudson, District 101,
who will be receiving the Florida Association of Counties annual "County
Champion Award" for sponsoring House Bill 701 Relating to Notices of
Proposed Property Taxes, also known as the Truth in Millage (TRIM) notice
bill, which was passed and signed by Governor Charlie Crist during the 2009
Legislative Session.
Presented
B. Distinguished Budget Presentation Award for the current fiscal year (22nd)
from the Government Finance Officers Association (GFOA) presented to the
Office of Management and Budget. To be accepted by John Yonkosky,
Director, Office of Management and Budget.
Presented
C. Recommendation to recognize Christal Segura, Environmental Specialist,
Facilities Management, as Employee of the Month for June, 2009.
Presented
D. Presentation to recognize Ed Torroni, Parks and Recreation Athletic
Supervisor, for his outstanding support of the United Way's Southwest
Florida Softball Challenge conducted at North Collier Regional Park, June
13-14,2009. Presented by Ernie Bretzmann, Executive Director, United
Way of Collier County.
Presented
E. Presentation by Jon R. Ahlschwede of Stanley Consultants, Inc. to Collier
County, Florida recognizing receipt of the National Engineering Excellence
Award from the American Council of Engineering Companies for the
Golden Gate Parkway Overpass project. The award will be accepted by
Transportation Services Division Administrator, Norman Feder and
Principal Project Manager, Gary Putaansu. It should also be noted that the
June 23, 2009
Page 3
Golden Gate Parkway Overpass is to receive the Grand Award from the
Florida Institute of Consulting Engineers at an F.I.C.E. Meeting in August.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Bill Klohn to discuss Arrowhead Project PUD
requirements.
To be brought back as a regular agenda item at a future BCC Meeting -
Consensus
B. Public petition request by Gina Downs to discuss delay in letting contract to
begin construction on Oil Well Road.
Discussed
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item was continued from the June 9. 2009 BCC Meetinl!:. This item
reauires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. Petition: SV-2009-AR-14I40 Red
RoofInn, represented by Brent Forte of Site Enhancement Services, Inc. is
requesting four Sign Variances from LDC Section 5.06.04. The first
variance is from Subsection 5.06.04 C.I. which requires a minimum
separation of 1,000-foot between signs to allow 262 feet between signs. The
second variance is from Subsection 5.06.04 C.I.a. which allows a 15-foot
high sign to allow a 23-foot high sign. The third variance is from Subsection
5.06.04 C.l.c. which allows a sign area of 80 square feet to allow a sign area
of 96 square feet. The fourth variance is from Subsection 5.06.04 CA which
permits one wall sign to allow an additional wall sign. The subject property
is located at 1925 Davis Boulevard, in Section 2, Township 50 South, Range
25 East, Collier County, Florida.
Resolution 2009-168: Motion to approve with Staff's recommendations-
Adopted 4/1 (Commissioner Henning opposed)
B. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: V A-2009-AR-
14139, (NG) Hussein Wafapoor represented by Joshua Maxwell of Turrell,
June 23, 2009
Page 4
Hall and Associates, Inc., is requesting a variance from Section 5.03.06 E.6.
to reduce a required side yard setback of 7.5 feet for a dock facility to 4.5
feet (along the northwest riparian line) and to 0 feet (along the southwest
riparian line). The subject property is located at 140 Conner's Avenue,
Section 28, Township 48 South, Range 25 East, Collier County, Florida.
Resolution 2009-169: Motion to approve with the CCPC's additional
stipulations - Adopted 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1 :30 p.m. Recommendation that the Board of
County Commissioners approves an ordinance creating a mandatory code
inspection of foreclosed and abandoned homes, which requires owners of
abandoned residential property who have acquired title through foreclosure
or through a deed in lieu of foreclosure to obtain an inspection report and
certificate of inspection relating to the subject property's compliance with
current Collier County Ordinances, including building codes and permitting
and zoning regulations, and to disclose the report prior to subsequent sale,
consistent with the Board of County Commissioners' previous direction.
(Companion to Items #IOA and #IOB.)
Motion to rewrite Items #8A, #10A and #10B and bring back to the
Board in September - Approved 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of Commissioners and citizen members to serve on the Value
Adjustment Board.
Resolution 2009-164: Appointing Commissioner Henning and
Commissioner Fiala - Adopted 4/1 (Commissioner Fiala opposed);
Motion to appoint the remaining three Commissioners as alternate
members - Adopted 5/0; Motion to appoint Clyde C. Quinby as the
regular citizen member - Fails 2/3 (Commissioner Coyle, Commissioner
Coletta and Commissioner Halas opposed); Motion appointing David H.
Farmer as the regular citizen member - Adopted 5/0; Motion to appoint
Bruce S. Preble as the alternate citizen member - Adopted 5/0
B. Appointment of member to the Collier County Citizens Corps.
June 23, 2009
Page 5
Resolution 2009-165: Appointing Lieutenant Mike Jones to fulfill
remainder of the vacant term (expires November 5, 2009) - Adopted 5/0
C. Appointment of members to the Public School Concurrency Citizen
Advisory Group.
Resolution 2009-166: Appointing Timothy Lee Hancock and Edward
White - Adopted 5/0
D. Appointment of members to the Industrial Development Authority.
Resolution 2009-167: Reappointing John Agnelli and Ross P. Obley with
terms expiring June 12, 2013 - Adopted 4/1 (Commissioner Halas
opposed)
10. COUNTY MANAGER'S REPORT
A. This item to be heard after Item #8A. Recommendation that the Board of
County Commissioners approves a resolution establishing the Foreclosed
and Abandoned Home Code Inspection Program Administrative Policy
Manual providing definitions and applicability, and establishing regulatory
guidelines and requirements consistent wi th the Mandatory Code Inspection
of Foreclosed and Abandoned Homes Ordinance. (Joseph K. Schmitt,
Administrator, CDES) (Companion to Items 8A and lOB.)
Heard with Item #8A
B. This item to be heard after Item #8A. Recommendation that the Board of
County Commissioners of Collier County, Florida, adopts a Resolution
amending Resolution No. 2009-101, known as the Collier County
Community Development and Environmental Services Fee Schedule, by
adding a Paragraph YY, pertaining to fees for the Mandatory Code
Inspection of Foreclosed and Abandoned Homes Ordinance, Ordinance
2009- . (Joseph K. Schmitt, Administrator, CDES) (Companion to
Items #8A and #lOA.)
Heard with Item #8A
To be heard at 11 :00 a.m. (Per Agenda Change Sheet)
C. Request approval of the Board of County Commissioners to memorialize the
schedule for the Immokalee Area Master Plan (IAMP) Growth Management
Plan Amendment Cycle (Thomas Greenwood, Principal Planner and David
Weeks, Planning Manager, Comprehensive Planning, CDES)
June 23, 2009
Page 6
Motion to accept staff's recommendations - Approved 5/0
D. Continued from the Mav 26~ 2009 and June 9~ 2009 BCC Meetinl!.
Recommend approval from the Board of County Commissioners to install
navigational markers in Outer Clam Bay for USACE permit compliance and
recommendation to move forward with permitting and installation. (Gary
McAlpin, Coastal Zone Management)
Motion to accept staff's recommendations - Approved 4/1
(Commissioner Henning opposed)
E. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public with an
update on the programs past activities and to obtain direction on solicitation
of proposals for the current acquisition cycle. (Alex Sulecki, Conservation
Collier)
Motion to suspend solicitations until January 2010 - Approved 5/0
F. Report to the Board concerning the results and impacts of the Local Vendor
Preference Policy and recommendations regarding the use of location in the
evaluation of CCNA contracts. (Steve Carnell, Purchasing Director)
Resolution 2009-169A: For option #3 & direct purchasing to not extend
fixed term contracts & to add other professionals to fixed term
contracts - Adopted 3/2 (Commissioner Coyle and Halas opposed)
Moved from Item #16AIO (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners approves
Change Order No. 1 to Contract #08-5122 with Post, Buckley, Schuh &
Jernigan for a Phase 2 cost of $1 ,303,397.38 to develop Watershed
Management Plans required by the Growth Management Plan.
Motion to continue to the September meeting - Approved 3/2
(Commissioner Henning and Commissioner Halas opposed)
Moved from Item #16C3 (Per Agenda Change Sheet)
H. Recommendation to (1) grant the Solid Waste Management Department the
authority to pursue an amendment to Ordinance 05-46 to rezone Bembridge
PUD Tract A from Residential PUD to Community Facility PUD to be
processed by CDES on an expedited or fast track basis, (2) contingent upon
the rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract
A, from the Collier County Emergency Management Services Department
June 23, 2009
Page 7
(EMS) to the Solid Waste Management Department for the relocation of the
Naples Recycling Center, at a cost not to exceed $450,000 and (3) approve a
budget amendment to transfer funds in the amount of $500,000 from the
Collier County Solid Waste Management Fund (474), Reserve for Capital
Contingencies, to a new Project No. 70013, Naples Recycling Center at
Santa Barbara.
Approved - 3/2 (Commissioner Henning and Commissioner Coyle
opposed
Moved from Item #16D5 (Per Agenda Change Sheet)
I. Recommend approval from the Board of County Commissioners to provide
peer review from Turrell-Hall and Associates, Humiston and Moore, Coastal
Planning and Engineering and Dr. Dean from the University of Florida to the
PBS&J Clam Bay Water Quality Monitoring, Data Collection,
Circulation/Sediment Model and Natural Resource Characterization Study.
The cost for this peer review is expected not to exceed $50,000.
Motion to not approve - Approved 4/0 (Commissioner Halas absent)
Moved from Item #16D6 (Per Agenda Change Sheet)
Recommend approval from the Board of County Commissioners of a Work
Order for Water Quality Monitoring, Data Collection, Circulation/Sediment
Model and Natural Resource Characterization Study of the Clam Bay
Estuary as outlined in the PBS&J proposal for a time and materials, not to
exceed price of$265,012 and authorize the County Manager or his designee
to execute the Work Order after approval by County Attorney.
Motion to not approve - Denied 2/3 (Commissioner Coyle,
Commissioner Halas and Commissioner Fiala opposed); Motion to
spend $125,000 for initial phase of proposal and analyze all data -
Approved 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item continued from the Mav 26~ 2009 BCC Meetine. Status Report
to the Board of County Commissioners regarding the 2003 Agreement and
promises made by the South Florida Water Management District with
respect to the County's vacating approximately 287 miles of roads in the
Southern Golden Gate Estates.
June 23, 2009
Page 8
Motion to go forward with lawsuit - Approved 4/0 (Commissioner
Halas absent)
13. OTHER CONSTITUTIONAL OFFICERS
Moved from Item #16J5 (Per Agenda Change Sheet)
A. Recommendation to authorize budget amendments totaling $144,000 that
will provide funding for various agencies within the Courts System to cover
Article V revenue shortfall for the balance of FY09.
Approved - 4/0 (Commissioner Halas absent)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Recommendation that the Community Redevelopment Agency (CRA)
accept a response to RFP #09-5l77R from Fifth Third Bank for a
$13,500,000 term loan; authorize the CRA Chairman to sign the proposal
and all other documents in connection therewith; direct the Executive
Director to prepare all required enabling documents/resolutions to pledge
CRA Tax Increment Funds as the loan repayment source and return for
Board approval; and authorize all necessary budget amendments. (David
Jackson, Executive Director, Bayshore Gateway Triangle CRA)
Approved - 4/0 (Commissioner Halas absent)
B. Recommendation that the Board of County Commissioners approves and
authorizes its Chairman to execute the attached First Amendment to the
Collier County Airport Authority's Executive Director's Employment
Agreement, extending the agreement three (3) years starting on October 1,
2009 and providing a salary adjustment.
Motion to bring back in September with options - Approved 4/0
(Commissioner Halas absent)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Fiala - Motion to reconsider Bembridge PUD decision at
September meeting - Consensus
B. Leo Ochs - July meeting attendance: Fiala, Henning, Coletta, Halas and
Coyle (maybe by phone)
June 23, 2009
Page 9
C. Leo Ochs - Proposed Legislative amendment regarding off shore
drilling within 125 mile buffer; Chairman to author a letter to keep
current restrictions - Consensus
D. Commissioner Coyle - Productivity Committee does not want alternate
position filed and to not be advertised - Consensus
E. Commissioner Coletta - Reverend Mallory would like county
assistance; Staff to work with him to set up payment schedule and
potentially phase Rev. Mallory's project
F. Commissioner Coletta - Using Facebook and Twitter and how that
relates to the sunshine law; County Attorney to give him a legal opinion
G. Commissioner Henning - Concerned about proposed budget and fees to
citizens
H. Commissioner Coyle - Motion to Adjourn - Approved 4/0
(Commissioner Halas absent)
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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.
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Approved and/or Adopted w/Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Classic Plantation, Phase 3.
W /release of any Utilities Performance Security
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mission Hills Shopping Center.
W Irelease of any Utilities Performance Security
3) Recommendation to approve final acceptance of the water utility
facility for Polaris Center (a.k.a. 1265 Creekside Parkway).
W Irelease of any Utilities Performance Security
4) Request that the Board of County Commissioners (BCC) approves a
proposed assignment agreement between the County and the Board of
June 23, 2009
Page 10
Trustees of the Internal Improvement Trust Fund of the State of
Florida for the Florida Department of Environmental Protection
(FDEP) relating to thirty-four (34) parcels owned by Estates at Twin
Eagles, Ltd., to allow for the issuance of conveyance bonus credits
specified by the Rural Fringe Mixed-Use Sub-District of the Future
Land Use Element of the Growth Management Plan and Sections
2.03.07.D.4 and 2.03.08 of the Land Development Code.
In compliance with an established conveyance process for
property in the South Belle Meade Rural Fringe Sending Area
regulated under the approved Picayune Strand Management Plan
5) This item continued from the Aprill4~ 2009 BCC Meetine.
Recommendation that the Board of County Commissioners endorse
recommended amendments to the Code Enforcement Boards Rules
and Regulations.
As detailed in the Executive Summary
6) Recommendation to approve final acceptance of the water, sewer and
irrigation utility facilities for Treviso Bay Boulevard.
W Irelease of any Utilities Performance Security
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Classic Plantation Estates, Phase 4.
W /release of any Utilities Performance Security
8) Recommendation to approve final acceptance of the water and sewer
utility facilities for Hibiscus Clubhouse.
W /release of any Utilities Performance Security
9) Recommendation to approve the Release and Satisfactions of Lien for
payments received for Code Enforcement actions.
Recording costs of $10.00 per release totaling $220.00
Moved to Item #10G (Per Agenda Change Sheet)
10) Recommendation that the Board of County Commissioners approves
Change Order No. 1 to Contract #08-5122 with Post, Buckley, Schuh
& Jernigan for a Phase 2 cost of$1,303,397.38 to develop Watershed
Management Plans required by the Growth Management Plan.
June 23, 2009
Page 11
11) This item reauires that ex parte disclosure be provided bv
Commission Members. Should a hearine be held on this item~ all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ave Maria Unit 16, Ellington
Park, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
12) Notification of intent to approve a land use as a comparable and
compatible use in the C-5 zoning district, pursuant to a pending Land
Development Code amendment, allowing Standard Industrial
Classification (SIC) Code 3842 or portions thereof in the Heavy
Commercial, C-5 Commercial Zoning District.
Allowing Structural Medical, Inc. to relocate their specialized
light manufacturing facility presently at 2975 S. Horseshoe Dr.
to property they currently have under a contract for purchase at
4720 Radio Road
13) Recommendation to approve final acceptance of the water and sewer
utility facilities for Runaway Bay at Fiddler's Creek, Parcel 31.
W/release of any Utilities Performance Security
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Vacation of Easement for a portion of
a drainage easement (Parcel 103DE2) acquired for the Davis
Boulevard Project. (Project No. 60073.) Estimated Fiscal Impact: $30
A portion of the parcel located off of Market Street no longer
required for the project
2) Recommendation to award RFP #09-5197, Annual Contract for
Roadway Contractors, to the following contractors: AP AC Southeast,
Inc., Better Roads, Inc., Bonness Inc., and Quality Enterprises USA,
Inc. (Estimated annual amount $1,750,000).
Work to include modifying turn lanes and median openings,
improvements at intersections and for construction of sidewalks
3) Recommendation that the Board of County Commissioners approves
an alternative road impact fee calculation and resulting rate of$7,4l6
June 23, 2009
Page 12
per bay for the proposed Loves Car Wash to be located at 4712
Golden Gate Parkway and the County Manager or his designee to
conduct further review and analysis of the appropriate rate applicable
to car wash facilities.
Fees calculated by collecting data from three similar sites in the
County for a 7-bay facility and assessment totaling $51,912;
reflecting negative adjustment of 800/0 due to economic conditions
4) Recommendation that the Board of County Commissioners approves
one (1) Adopt-A-Road Program Agreement for Naples Parrot Head
Club with two (2) roadway recognition signs at a total cost of
$150.00.
For a segment of roadway on Vanderbilt Beach Road from 1-75 to
Logan Boulevard
5) Recommendation that the Board of County Commissioners directs the
County Manager, or his designee, and the County Attorney to prepare
the necessary amendments to Chapter 74 of the Collier County Code
of Laws and Ordinances, which is the Collier County Consolidated
Impact Fee Ordinance, to provide for the incorporation of a new Road
Impact Fee land use category and impact fee rate for mines, consistent
with previous direction, for future consideration by the Board of
County Commissioners at an advertised public hearing.
As detailed in the Executive Summary
6) Recommendation to add installation of native landscape materials for
a hedge as part of the Palm River Estates Unit 5 N-S Stormwater
Improvement Project, Project No. 51030.1 in the amount of
$13,062.50.
For the installation of Coco Plum on the rear easterly 5-foot of
the easement and with property owners accepting all future
maintenance and landscape responsibilities
7) Recommendation to approve and execute a contract amendment
between Collier County and the Commission for the Transportation
Disadvantaged for the Progress Payments and Disbursement Schedule
of Funds for the provision of transportation services for qualified
Medicaid recipients.
June 23, 2009
Page 13
Resolution 2009-157
8) Recommendation to approve the Contract Supplemental Agreement to
Contract No. 06-3931 in the amount of $573,302 with Stanley
Consultants, Inc., for the re-design of Golden Gate Boulevard from
Wilson Boulevard to Desoto Boulevard, Project No. 60040.
Changing the 6-mile segment of Golden Gate Blvd. from six to
four lanes due to budget constraints and long range projections
and also reflecting an increase to the hourly rate fee schedule
9) Recommendation to terminate the contract awarded to Amera- Tech,
Inc., for Bid #09-5194 Collier County Right-of-Way (ROW) and
Median Mowing and Maintenance Annual Contract in the amount of
$43,000.00.
Request for termination by Amera- Tech, Inc. and re-awarding
contract to Vila and Son, Corp., for maintenance work performed
on Rattlesnake-Hammock Rd. from Polly Ave. to CR951
10) Recommendation to approve a declaration setting aside county-owned
property for Collier Boulevard roadway, sidewalk, bike path, drainage
and utility facilities. Project No. 60001. Estimated Fiscal Impact: $20
For a 5-foot strip of roadway as part of the LASIP Project needed
to relocate of an FPL power pole and overhead wires
11) Award a contract for Bid #09-5164, Collier Area Transit (CAT) Bus
Shelters and Related Items, to RCP Shelters Inc., DUO-Gard
Industries, Inc., Wausau Tile Inc., Brasco Enterprises, Inc., and
Swartz Associates, Inc. in the estimated annual amount of$lOO,OOO.
Work performed on an as-need-basis for items including shelter
units, bike racks, benches, waste containers and related items
12) Recommendation to approve an Amendment to Agreement allowing
former owners of a property purchased by Collier County due to its
location on the Vanderbilt Beach Road Extension Project (Parcel 133)
the option to further extend their post-closing occupancy of the
property for an additional six month period. Project No. 60168 (Fiscal
Impact: Revenue in the amount of up to $9,000 which would be
credited to the gas tax and/or impact fee accounts).
June 23, 2009
Page 14
Extending owner occupancy through January 31, 2010 for
property at 780 27th Street NW
13) Recommendation the Board of County Commissioners provide after-
the- fact approval for the Eastern Collier County Wetland Management
and Restoration Project application submitted to the United States
Environmental Protection Agency (EP A) for a Region 04 Wetland
Program Development Grant in the amount of $450,000.
Transportation providing a 25% match to fund the development
of plans to improve the quality of water flowing into freshwater
and coastal habitats through innovative roadway design and
construction
14) Request for authorization for the County Manager or his designee to
bring to the Board a proposed Ordinance to create the Radio Road
East of Santa Barbara Boulevard to Davis Boulevard Municipal
Service Taxing Unit (MSTU).
As detailed in the Executive Summary
c. PUBLIC UTILITIES
1) 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 1993 and
1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $38.00 to record the Satisfactions of
Lien.
Resolution 2009-158
2) Recommendation that the Board of County Commissioners approves a
deductive change order in the amount of $57,622.94 to a work order
to Mitchell & Stark Construction Company, Inc. for construction of
the water main replacement necessary to accommodate the
replacement of the Vanderbilt Drive Bridge over the Cocohatchee
River, Project No. 70045.
Moved to Item #10H (Per Agenda Change Sheet)
3) Recommendation to (1) grant the Solid Waste Management
Department the authority to pursue an amendment to Ordinance 05-46
June 23, 2009
Page 15
to rezone Bembridge PUD Tract A from Residential PUD to
Community Facility PUD to be processed by CDES on an expedited
or fast track basis, (2) contingent upon the rezone approval, approve a
transfer of 5.11 acres, Bembridge PUD Tract A, from the Collier
County Emergency Management Services Department (EMS) to the
Solid Waste Management Department for the relocation of the Naples
Recycling Center, at a cost not to exceed $450,000 and (3) approve a
budget amendment to transfer funds in the amount of $500,000 from
the Collier County Solid Waste Management Fund (474), Reserve for
Capital Contingencies, to a new Project No. 70013, Naples Recycling
Center at Santa Barbara.
4) Recommendation to approve acquisition of a Utility Easement from
the Community School of Naples, Inc., for an electrical service lateral,
associated electrical conduit, and for access on, over and across the
Community School of Naples, Inc. property at an estimated cost not to
exceed $1,360, Project No.74033.
For providing electrical service for the construction and
maintenance of telemetry control for an irrigation quality water
interconnect valve site along Livingston Road in North Naples
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, one (1) Owner Occupied lien
agreement for deferral of 100% of Collier County impact fees for an
owner-occupied affordable housing dwelling unit located in Collier
County.
Deferring $12,442.46, Lot 44 in the Liberty Landing Subdivision
2) Present the Board of County Commissioners a summary of the Impact
Fee Deferral Agreements recommended for approval in FY09,
including total number of Agreements approved, total dollar amount
deferred and balance remaining for additional deferrals in FY09.
As detailed in the Executive Summary
3) Recommendation for the Board of County Commissioners to approve
a contract renewal for the Master Agreement with the Area Agency on
Aging for Southwest Florida, Inc., relating to grants awarded to the
June 23, 2009
Page 16
Services for Senior's Program, authorize the Chairman to sign the
renewal, and authorize the continued payment of grant expenditures.
For the grant period retroactive to January 1, 2009 through
September 30, 2009 necessary for funding to continue
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an agreement with Florida
Department of Transportation and a supporting resolution for the
maintenance of the North Fishing Pier constructed in conjunction with
the Marco Island Bridge (Jolley Bridge) replacement.
Resolution 2009-159
Moved to Item #101 (Per Agenda Change Sheet)
5) Recommend approval from the Board of County Commissioners to
provide peer review from Turrell-Hall and Associates, Humiston and
Moore, Coastal Planning and Engineering and Dr. Dean from the
University of Florida to the PBS&J Clam Bay Water Quality
Monitoring, Data Collection, CirculationlSediment Model and Natural
Resource Characterization Study. The cost for this peer review is
expected not to exceed $50,000.
Moved to Item #10J (Per Agenda Change Sheet)
6) Recommend approval from the Board of County Commissioners of a
Work Order for Water Quality Monitoring, Data Collection,
Circulation/Sediment Model and Natural Resource Characterization
Study of the Clam Bay Estuary as outlined in the PBS&J proposal for
a time and materials, not to exceed price of$265,012 and authorize
the County Manager or his designee to execute the Work Order after
approval by County Attorney.
7) Recommendation that the Board of County Commissioners provides
after-the-fact approval for the submission of the Community
Development Block Grant-Recovery (CDBG-R) substantial
amendment to the 2008-2009 Collier County Action Plan which was
submitted to the Department of Housing and Urban Development
(HUD) for the American Recovery and Reinvestment Act of2009
(ARRA) funding in the amount of $631 ,283.00.
Funding for $581,300 will be used for the Greater Immokalee
Southside Front Porch Initiative to complete hurricane hardening
June 23, 2009
Page 17
and for rehabilitating the Immokalee Apartments with the
remaining $49,983 going to the Cities of Naples and Marco Island
8) Recommendation to approve and sign a Memorandum of Agreement
between the Collier County Parks and Recreation Department
(Sponsor) and the District School Board of Collier County for the
purpose of preparing and delivering meals to summer camp children
living in disadvantaged neighborhoods.
Providing 170,000 meals during summer programs and through
the year 2013 for a grant in the amount of $588,400
9) Recommendation that the Board of County Commissioners approves
and authorizes the County Manager or his designee to execute Change
Order #1 to Contract #08-5134 for the Caxambas Boat Dock
Expansion Project #80057.1 in the amount of$28,394.00 for the
installation of a boat lift for the City of Marco Island Fire
Departments Rescue Vesse!. Also, approve the necessary budget
amendment to recognize $42,155.85 in reimbursement revenue from
the City of Marco Island to cover a portion of the improvement cost.
The net contractual value of services will total $160,534.00.
Due to specifications that were left out of bidding documents for
the contract with Williamson Brothers Marine Construction, Inc.
for the project located at 909 Collier Court, Marco Island
10) Recommendation that the Board of County Commissioners accepts
Staffs report on activities related to the relocation of the modular
home from Sudgen Regional Park.
Moving the modular home no later than August 15,2009 to a yet
to be determined location due to the planned construction of the
Sugden Park Water Skiing & Sailing Centers Project #80007.1
11) Recommendation that the Board of County Commissioners approves a
resolution authorizing the sale of alcoholic beverages (beer) at the
Formula 1 Champboat Grand Prix Event on November 7-8, 2009 at
Sugden Regional Park.
Resolution 2009-160
12) Recommend that the Board of County Commissioners approve and
authorize the County Manager or his designee to execute Change
June 23, 2009
Page 18
Order #2 Contract #08-5028 for the Golden Gate Community Park
Boat Ramp Project (#80031.1) in the amount of $17,080.00 for the
installation of mooring pilings. The net contractual value of services
will total $206,620.40.
For the contract with Quality Enterprises USA, Inc. and
scheduled for completion July 31,2009
E. ADMINISTRATIVE SERVICES
1) Recommendation to authorize a Budget Amendment for the
Conservation Collier Land Acquisition Fund (172) to adequately
appropriate funds for an escrow in the amount of $250,000 as
stipulated by the purchase agreement for Pepper Ranch.
Held in escrow for expected loss of panther habitat unit credits
2) Recommendation to Award Bid #09-5237, Underground Storage Fuel
Tank Removal and Replacement, to Surge Solutions Group, Inc., in
the amount of $447,884.00, authorize the Chairman to sign the
contract, and to approve the necessary Budget Amendments.
For the removal of several tanks located at the Government
Center, Immokalee Jail, Port of the Islands Marina and to replace
four non-compliant tanks to meet regulations that are effective
December 31, 2009
3) Recommendation to approve the ICMA-RC recommended default
amendments to Collier County's current agreement with ICMA-
Retirement Corporation (ICMA-RC) that provides a deferred
compensation plan to County employees.
As detailed in the Executive Summary
4) Recommendation to approve award of Bid #09-5211, Parts for Fleet,
in two categories as follows: Heavy Trucks/Heavy Equipment/Buses
award to Genuine Parts Co. d/bla NAP A Auto Parts as primary vendor
and to Naples Truck Parts as secondary vendor; AutomobileslLight
Trucks award to Parts Depot, Inc., as primary vendor and to Genuine
Parts Co. d/bla NAPA Auto Parts and Merusa Auto, Inc. d/bla
CARQUEST of North Naples as secondary vendors. Expenditures on
this contract are estimated to be $300,000 annually.
For repair parts, supplies and tools to maintain County vehicles
June 23, 2009
Page 19
5) Recommendation to award Bid #09-5208, Filters for Fleet Vehic1es
and Equipment, to Parts Depot, Inc. as primary vendor and to Genuine
Parts Company d/b/a NAP A Auto Parts, Merusa Auto, Inc. d/b/a
CARQUEST of North Naples and Glade & Grove Supply Co., Inc. as
secondary vendors. Expenditures are estimated at $70,000 annually.
Two year contract for filters to maintain county vehicles and
equipment
6) Recommendation to award Bid #09-5210, Fasteners and Wheel
Weights for Fleet, to Parts Associates, Inc. as primary vendor and
Lawson Products, Inc. as secondary vendor. Expenditures on this
contract are estimated to be $70,000 annually.
Two year contract for fasteners and wheel weights to maintain
and repair county vehicles and equipment
7) Recommendation to approve Wallace International Trucks as a sole
source vendor with FY 2009 expenditures estimated at $80,000 for
fleet parts, repairs and services.
Maintenance and repairs for the county's 48 heavy international
trucks
8) Recommendation to approve a budget amendment to increase
appropriations by $46,800 and recognize revenues from
reimbursements of prior year expenditures, insurance company
refunds, and from scrap metal and waste oil sales in the amount of
$46,800 in Fleet Management Fund (521).
Due to unexpected price increases and requirements for
additional stock items at the new CAT bus maintenance shop
9) Recommendation to authorize the County Manager, or his designee,
to allow the Conservation Collier Starnes property to become a
certified Florida Fish and Wildlife Conservation Commission Gopher
Tortoise recipient site.
Providing long-term protection and securing habitat for tortoises
displaced by development
10) Recommendation to award the Invitation to Qualify (ITQ) #09-5227
to vendors for the delivery of various services to seniors in Collier
June 23, 2009
Page 20
County and authorize the Chairman to execute the standard contract
documents.
As detailed in the Executive Summary
11) Recommendation to approve an Agreement for Sale and Purchase
with Triangle Licensing Corporation, for 29.33 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $295,000.
Within the Mcllvane Marsh Area located south of U.S 41, west of
the Collier Seminole State Park
12) Recommendation to waive the competitive process and approve a
contract with Penitus Solutions, Inc. for the implementation of
extensions to SAP for grants management, authorize the purchase of
additional end-user licenses from SAP Public Services, Inc., and
authorize the Chairman to sign the contracts. The total project cost
will not exceed $160,000.
Targeting October 1,2009 for project completion that will help to
standardize and streamline grants management
13) Recommendation to approve a budget amendment recognizing carry
forward amounts from FY 2008 for the Conservation Collier Land
Acquisition Fund (172) in the amount of$1,7l3,300.
For land capital purchases and associated operating costs with the
remainder held in reserves
14) Recommendation to approve the continued utilization ofNalco
Company, which will exceed the fifty thousand dollar competitive
bidding threshold per Collier County's Purchasing Policy, to allow for
continued water treatment services and associated materials for the
chiller plants on the Government Complex.
Eliminating any lapses in service resulting from rebidding
15) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a grant application for the
Employed Worker Training Program funded by the Workforce
Investment Act (WIA) through Workforce Florida, Inc. and
administered by the Southwest Florida Workforce Development
Board, Inc. in the amount of$57,800.
June 23, 2009
Page 21
Funding training programs for current employees in the Water
and Wastewater Department within the Public Utilities Division
16) Recommendation to approve Amendment No. 04 to the Agreement
with Collier County District School Board for the Driver Education
Program.
Allocating $355,900 in grant funds for the summer school driver
education program
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-161
2) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non-ad valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit for maintenance of the water
management system, beautification of recreational facilities and
median areas and maintenance of conservation or preserve areas, and
establishment of Capital Reserve Funds for ambient noise
management, maintenance of conservation or preserve areas,
including the restoration of the mangrove forest, U.S. 41 berm, street
signage replacements within the median areas and landscaping
improvements to U.S. 41 entrances, all within the Pelican Bay
Municipal Service Taxing and Benefit Unit.
Resolution 2009-162 (w/changes Per Agenda Change Sheet)
3) Recommendation that the Board of County Commissioners provides
after-the- fact approval for the Assistance to Firefighter's Grant
application that was submitted to the Federal Emergency Management
Agency for the purchase of a Pumper ALS Transport Vehicle for
Emergency Medical ServiceslFire in the amount of $380,000.
The vehicle would be located at a rest stop location on 1-75 to help
lessen response times in remote areas of the County's fire districts
June 23, 2009
Page 22
4) Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of$14,000 from the Court
Administration Fund (681) to the Teen Court Fund (171).
Due to Article V revenue shortages to fund payroll for the
remainder of FY09
5) Recommendation that the Board of County Commissioners approves a
budget amendment in the amount of$483,773, and approves payment
for detention services provided by the Florida Department of Juvenile
Justice (DJJ).
For costs associated with the housing and feeding juveniles in
state-run detention centers before they appear before a judge
6) Approve budget amendments.
Amendment #09-367
7) Recommendation to award contract for management services for
Pelican Bay Services Division pursuant to RFP #09-5174 to Dorril1
Management Group, LLC in the estimated amount of $56,400.00.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
approve Local Advisory Board members and CRA staff attendance at
the Florida Redevelopment Association's 2009 Annual Conference;
authorize payment of attendee 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.
Held at the Hilton in Orlando, Florida, October 28-30, 2009
2) Recommendation that the Board of County Commissioners approve
the Immokalee Regional Airport Master Plan Update, approved by the
F ederal Aviation Administration on April 15, 2009 in compliance
with the Airport Authority's Administrative Code.
As detailed in the Executive Summary
June 23, 2009
Page 23
3) Recommendation that the Board of County Commissioners approve
the Marco Island Executive Airport Master Plan Update, approved by
the Federal Aviation Administration on April 15, 2009 in compliance
with the Airport Authority's Administrative Code.
As detailed in the Executive Summary
4) Recommendation for the Community Redevelopment Agency (CRA)
to approve the termination of the real estate contract executed on
April 28, 2009 to purchase an assemblage of commercial property
located in the center of the Gateway mini-triangle; and authorize the
Executive Director to negotiate new contracts to secure and facilitate
the purchase of the properties and return to the CRA Board for
approval. (Jean Jourdan, CRA Project Manager)
For the contract with Corradi Cooper Street, Inc.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
to attend a function serving a Valid Public Purpose. He attended
CBIA's Local Impact of Home Building in Collier County on June 11,
2009 at 12:00 p.m. at The Hilton of Naples, Florida. $20.00 to be paid
from Commissioner Henning's travel budget.
Located at 5111 Tamiami Trail N, Naples
2) Commissioner Coyle requests reimbursement for attending a function
serving a valid public purpose. Commissioner is traveling to Bangor,
Maine, June 25th through June 27th, to visit with officials of Jackson
Labs and tour their facility. Total of$1,047.72 will be paid from
Commissioner Coyle's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners designate the
Sheriff as the Official Fiscal Year 2009 Applicant and Program Point-
of-Contact for the United States Department of Justice, Bureau of
Justice Assistance, Edward Byrne Memorial Justice Assistance Grant
(JAG) Standard Program, accept the Grant when awarded, approve
June 23, 2009
Page 24
applicable budget amendments, and approve the Collier County
Sheriffs Office (CCSO) to receive and expend payment of the 2009
JAG Standard Grant Funds.
Designating Sheriff Kevin Rambosk official applicant and contact
2) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for equipment and staff support to assist in
the recovery of missinglabducted children.
Appropriating $23,907 for equipment and staff support to assist
the National Center for Missing and Exploited Children
3) To obtain Board approval for disbursements for the period of May 30,
2009 through June 5, 2009 and for submission into the official records
of the Board.
4) To obtain Board approval for disbursements for the period of June 6,
2009 through June 12, 2009 and for submission into the official
records of the Board.
Moved to Item #13A (Per Agenda Change Sheet)
5) Recommendation to authorize budget amendments totaling $144,000
that will provide funding for various agencies within the Courts
System to cover Article V revenue shortfall for the balance of FY09.
K. COUNTY ATTORNEY
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-
June 23, 2009
Page 25
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 bv Commission members. Petition: PUDZ-2008-
AR-12804, Avow Hospice Inc., represented by Tim Hancock, AICP, of
Davidson Engineering Inc., requesting a PUD Rezone from Community
Facility (CF) and Agricultural (A) Zoning Districts with a ST/W-4 Well field
Risk Management Special Treatment Overlay Zone to a Community Facility
Planned Use Development (CFPUD) Zoning District with a ST/W-4
Well field Risk Management Special Treatment Overlay Zone for a project to
be known as Avow Hospice CFPUD. The 15.25 acres subject property is for
the expansion of the existing Hospice use. The subject property is south of
Pine Ridge Road at 1095 Whippoorwill Lane, in Section 18, Township 49
South and Range 26 East, Collier County, Florida. CTS
Ordinance 2009-37
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Schedule Four of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance) by providing for an amendment to
Ordinance No. 2009-24 to correct a scrivener's error in the Correctional
Facilities Impact Fee Rate Schedule.
Ordinance 2009-38
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-163
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Halas absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
June 23, 2009
Page 26