Recap 02/13/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
February 13, 2007
9:00 AM
Jim Coletta, Chairman, District 5
Tom Henning, Vice- Chairman, District 3
Donna Fiala, Commissioner, District 1
Frank Halas, Commissioner, District 2
Fred W. Coyle, Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2004-05, AS AMENDED REQUIRES
THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING
ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE
BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO
THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
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February 13, 2007
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 IMP AIRED 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. Senior Minister Debra C. Williams, Unity of Naples 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.)
Approved and/or Adopted with changes - 5/0
B. November 21,2006 - Value Adjustment Board Special Magistrate
Approved as presented - 5/0
C. January 9,2007 - BCC/Regular Meeting
Approved as presented - 5/0
D. January 16,2007 - BCC/Tourist Development Council Workshop
Approved as presented - 5/0
E. January 18,2007 - District 3 Town Hall Meeting
Approved as presented - 5/0
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February 13, 2007
F. January 23,2007 - BCC/Regular Meeting
Approved as presented - 5/0
G. January 24,2007 - BCC/Regular Meeting-Continuation of January 23,2007
BCC Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5-vear recipient
1) Carol Wright - Vanderbilt Beach Beautification MSTU Advisory
Committee
Presented
10-vear recipient
2) Kent Orner - Ochopee Fire Control District Advisory Committee
Presented
20-vear recipient
3) George Ponte - Collier County Code Enforcement Board
Presented
4. PROCLAMATIONS
A. Proclamation designating the month of February as Scouting Anniversary
Month, to encourage citizens of Collier County to express their appreciation
to the Southwest Florida Council and the Boy Scouts of America for their
interest in and dedication to Americas youth. Proclamation to be accepted by
Mel Moore, Senior District Executive, Boy Scouts of America; Barbara
Coen, District Vice Chairman, Boy Scouts of America; and William H.
Poteet, Jr., Alligator District Chairman, Boy Scouts of America.
Adopted - 5/0
B. Proclamation designating March 10,2007 through March 17,2007 as Save
the Florida Panther Week to encourage citizens of Collier County to join in
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February 13, 2007
the celebration of the Florida Panther. To be accepted by Tom Murray,
President, Friends of the Florida Panther Refuge.
Adopted - 5/0
C. Proclamation designating January, February and March 2007 as Naples
Patriotic Moment Months. Proclamation will be accepted by Sharon Kurgis,
Merrill Lynch and Phil Lewis, Naples Daily News.
Adopted - 5/0
5. PRESENTATIONS
A. The Collier County Emergency Medical Services Department adopted the
Phoenix Award to recognize local first responders, who through their skills
and knowledge, have successfully brought back to life individuals who have
died. The Phoenix is a mythological bird that died and rose renewed from its
ashes.
Presented
B. Recommendation to recognize Christopher Atchley, Craftsman, Facilities
Management, as Employee of the Month for January, 2007.
Presented
C. Recommendation to recognize Mike Ossorio, Contract Licensing Officer,
Community Development and Environmental Services, as Employee of the
Year for 2006.
Presented
D. Presentation to the Board of County Commissioners for the Waste
Reduction A wards Program (WRAP) to recognize businesses and
institutions for enhanced and innovative recycling programs.
Presented
E. This item to be heard at 10:00 a.m. Recommendation to hear a
presentation from the U. S. Fish and Wildlife Service regarding the use of
the Panther Consultation Area in reviewing land development activities in
Collier County.
Presented; Recommendation for U. S. Fish & Wildlife to send
agreement and note where underpasses that are needed to the BCC and
to be proactive; USF&W Rep. Stated that panther mitigation is to be
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February 13, 2007
reviewed on a case-by-case situation in regards to fees; Return in 4
months for presentation - Consensus
F. Project presentation: Immokalee Road Expansion from U.S. 41 to 1-75
Ramps. A 3.5 mile project. Presented by John Carlo, Inc.
Road issues/contracts to be brought back at a BCC Workshop Meeting;
w/Transportation and Purchasing Staff to be included.
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV -2006-AR-9962:
Wal-Mart Stores East L.P., represented by Boice-Raidl-Rhea Architects,
requesting variances to Section 5.06.04.C.a. to allow 13 additional wall signs
in the Wal-Mart Super-center. The subject property is located at 5420
Cormorant Avenue, in Section 30, Township 48 South, Range 26 East,
Collier County, Florida.
Resolution 2007-37 Adopted - 4/1 (Commissioner Henning opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2004-AR-6810:
Livingston Greens, LLC, represented by George L. Varnadoe of Cheffy,
Passidomo, Wilson & Johnson, LLP, requesting approval of a rezone from
the Agriculture (A) zoning district to the Residential Planned Unit
Development (RPUD) zoning district for a project to be known as Hamilton
Greens RPUD. The subject property, consisting of 29.68 acres, is located on
the east side of Livingston Road, approximately 3/4 of a mile north of
Vanderbilt Beach Road, in Section 31, Township 48 South, Range 26 East,
Collier County, Florida.
Ordinance 2007-27 Adopted - 4/1 (Commissioner Halas opposed)
B. This item was continued from the J anuary 23~ 2007 BCC meetin2. This
item is a companion to Items lOA and lOB which will be heard at 1:05
p.m. This item reQuires that all participants be sworn in and ex parte
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February 13, 2007
disclosure be provided by Commission members. Petition PUDZ-A-2004-
AR-6417 Ronald Benderson et aI, Trustee, represented by Robert L. Duane,
AICP, of Hole Montes, Inc., requesting to rezone from Planned Unit
Development (PUD) to Commercial Planned Unit Development (CPUD)
known as the I-75/Alligator Alley Commercial PUD. The proposed PUD
amendment requests the following: to reduce the size of the Preserve/Water
Management Area from 15 acres currently required by the PUD to 10.58
acres; to delete residential uses as a permitted use; to provide a new list of
commercial uses comparable to those allowed in the C-l through C-4
Commercial Districts, with SIC codes; modify the PUD Master Plan to
depict the footprints of existing land uses and conceptual footprints for
undeveloped tracts; to modify the circulation system; to establish a
maximum square footage of265,000 square feet of retail and office area; to
relocate the existing western entrance 50 feet to the east; and to delete the 50
foot perimeter setback. The property consisting of 40.8 acres is located on
the north side of Davis Boulevard in proximity to the intersection of Collier
Boulevard (CR- 951) and 1-75. The subject property is located in Section 34,
Township 49 South, Range 26 East, Collier County, Florida. (Companion
item to #10A and #10B)
Chairman suggested that items #8B, #10A and #10B be voted on all at
once:
Ordinance 2007-26 Adopted - 5/0 (Approved w/Item #10A and Item
#10B)
C. Repeal of Collier County Ordinance 2002-49, as amended by Ordinance
2005-32, titled: an Ordinance readopting the Collier County Fire Prevention
and Protection Code by amending the Code of Laws and Ordinances of
Collier County, Florida, amending Chapter 58, Fire Prevention and
Protection, Article II, Fire Safety Standards for the unincorporated area of
Collier County, by replacing Section 58-26, pertaining to adopted standards
and codes of the National Fire Code published by the National Fire
Protection Association (NFPA), replacing Section 58-27 pertaining to
amendments to adopted fire codes, specifically NFP A I, 2002 Edition
replacing Section 58-28, pertaining to amendments to the adopted Life
Safety Code, specifically NFP A 101, 2002 Edition.
Motion to discuss at workshop in March and follow up at next BCC
meeting after that workshop - Approved 5/0
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February 13, 2007
Moved from Item #17B
D. Recommendation to adopt a County Ordinance governing the threshold
amount of land or easement purchases requiring one or two real estate
appraisals (Estimated fiscal impact: not to exceed $300.00)
Ordinance 2007-28 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Affordable Housing Commission.
Resolution 2007-38 Re-appointing James A. Pusateri and John Barlow
- Adopted 5/0
B. Appointment of member to the Radio Road Beautification Advisory
Committee.
Resolution 2007-39 Appointing David R. Clemens - Adopted 5/0
C. Appointment of member to the Lake Trafford Restoration Task Force.
Resolution 2007-40 Appointing David Bishof - Adopted 5/0
D. A Resolution of the Board of County Commissioners of Collier County,
Florida, establishing support for the State Legislators' efforts regarding state
insurance reform. (Commissioner Coyle)
Resolution 2007-41 Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 1 :05 p.m. This item was continued from the
January 23~ 2007 BCC Meetin2. Recommendation to approve a
Developers Contribution Agreement (DCA) between Benderson, Westport
and Davis Crossing (The Developers) and Collier County to obtain right-of-
way, easements drainage commitments and advanced funding for the future
expansion of Davis Boulevard. (Norman Feder, Administrator,
Transportation Services) (Companion item to 8B and lOB)
Chairman suggested that items #8B, #10A and #10B be voted on all at
once:
Approved with Item #8B and Item #10B - 5/0
B. This item to be heard at 1 :05 p.m. This item was continued from the
January 23~ 2007 BCC Meetin2. Recommendation to approve a
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February 13, 2007
Developers Contribution Agreement (DCA) between Waterways Joint
Venture VII (The Developer) and Collier County to obtain property for
roadway water management, drainage and access easements for the future
expansion of Davis Boulevard. (Norman Feder, Administrator,
Transportation Services) (Companion item to 8B and lOA)
Chairman suggested that items #8B, #10A and #10B be voted on all at
once:
Approved with Item #8B and Item #10A - 5/0
C. Recommendation to accept Fiscal Year 2006 Grant Report providing an
annual update of grant activity. (Len Price, Administrator, Administrative
Services)
Approved - 5/0
D. Report to the Board of County Commissioners from the Collier County
Health and Code Enforcement Departments regarding the continued
initiatives to eliminate unsafe and unsound housing in the Immokalee
Community.(Joseph K. Schmitt, Administrator, Community Development
and Environmental Services)
Motion to approve staff's recommendations and to draft a letter to
growers concerning housing needs for their workers - Approved 5/0
E. This item to be heard at 11:00 a.m. Recommendation to approve Collier
County's Fiscal Year 2008 Federal Legislative Agenda. (Debbie Wight,
Assistant to the County Manager)
Approved w/changes - 5/0 (Naples Bay Authorization, Bike Paths &
Immokalee South Park discussed)
F. Staff Report for the Northeast Regional Utility Facility Community
Advisory Panel request for consideration of an alternative buffer
consideration, Project No 70902 and 73156. (Jim DeLony, Administrator,
Public Utilities)
Discussed; No action taken
G. Recommendation to approve budget amendments for $38,198,334.09 to
transfer projects from various Water and Wastewater capital projects funds
to a 2006 Revenue Bond Proceeds Fund. (Jim DeLony, Administrator,
Public Utilities)
Approved - 5/0
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February 13, 2007
H. This item to be heard at 11 :45 a.m. Recommendation to approve spending
up to $35,000 for appraisals, pre-contract expenses, to authorize a non-
binding Letter of Intent, commence negotiations for the purchase of Gawn
Fishin, LLC property located in Everglades City and approve the attached
Budget Amendment. (Marla Ramsey, Administrator, Public Services)
Approved - 5/0
Moved from Item #16D2
I. Recommendation that the Board of County Commissioners approve a
request from I HOPE, Inc. of Collier County to fund the $10,000 payment of
permitting fees related to the installation of thirty (30) FEMA trailers in the
Immokalee area.
Approved w/stipulations - 5/0
Moved from Item #16Cl - Remained on Consent with changes to verbage
J. Recommendation to approve an agreement with FEBCO Inc. a Division of
Watts Water Technologies Inc. that allows FEBCO to seek certification of
their Backflow Prevention Devices (BPDs) otherwise known as Reduced
Pressure Detector Assemblies (RPDAs), which were installed during the
inception of the fire and irrigation water system improvements in Pelican
Bay. Project Number 74023.
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Frank Donohue - Speed limits on Naples Bay
Motion to have staff prepare request/application for a marker in Naples
Bay (30mph for Collier County) - Approved 5/0
12. COUNTY ATTORNEY'S REPORT
Withdrawn
A. TIME CERTAIN: 12:00 Noon. The Board in executive session will
discuss settlement and strategy relating to litigation expenses in the pending
litigation case of Dwight E. Brock, Clerk of Courts v. Collier County,
Florida, Board of County Commissioners of Collier County, Florida, as Ex-
Officio Governing Board of The Ochopee Area Fire Control & Emergency
Medical Care Special Taxing District, A/K/ A The Ochopee Fire District;
Linda T. Swisher and Paul W. Wilson, Case No. 04-941-CA consolidated
with Board of County Commissioners of Collier County, Florida vs. Dwight
E. Brock, Clerk of the Circuit Court of Collier County, Florida Case Number
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February 13, 2007
05-953-CA consolidated with Case No. 05-1506-CA.
B. This item to be heard at 1 :00 p.m. Board direction to the County Attorney
relating to litigation in in Dwight E. Brock, Clerk of Courts v. Collier
County, Florida, Board of County Commissioners of Collier County,
Florida, as Ex-Officio Governing Board of The Ochopee Area Fire Control
& Emergency Medical Care Special Taxing District, A/K/ A The Ochopee
Fire District; Linda T. Swisher and Paul W. Wilson Case No. 04-941-CA,
consolidated with Board of County Commissioners of Collier County,
Florida vs. Dwight E. Brock, Clerk of the Circuit Court of Collier County,
Florida Case Number 05-953-CA consolidated with Case No. 05-l506-CA,
now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida.
Motion to petition the courts to proceed as quickly as possible (Notice of
Priority) with a Bench trial- Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Weigel - Request by Congressman Connie Mack to have a Workshop
meeting with the board on February 22, 2007
B. Pettit - Letter from John Vega representing the Hussey's Bert Harris
Act lawsuit to resolve that claim (Mudd says "no deal" on purchase)
C. Mudd - Letter to Representative Reichter regarding his House Bill 389
"truth in millage tax bill" - Motion to send letter requesting that form
needed to be revised to include Constitutional Officers - Concensus;
D. Mudd - Letter regarding an article in newspaper where Senator Bennett
calls Commissioners "aristocrats" and one in particular an "idiot" -
Motion to send letter to Governor Crist - Approved 4/1 (Commissioner
Henning opposed)
E. Commissioner Halas - Affordable housing: received letter announcing
lower prices on previous high priced property (decrease in markup)
F. Commissioner Coletta - Misquoted in Naples Daily News regarding
linkage fee
G. Commissioner Henning - Productivity Committee is doing their 2007
work plan, any suggestions?
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February 13, 2007
H. Commissioner Henning - Getting legal consideration on the executive
summary should be done by county attorney or a disclaimer made by
staff stating their opinion. County attorney and staff to work together
with development of executive summary/agenda items - Consensus;
I. Commissioner Henning - Met with the Soil and Water District
regarding environmental restoration and stormwater storage and they
would like to meet with the board; Have them to meet with Golden Gate
Civic Association and then schedule workshop in May or June.
J. Commissioner Henning - Investigation on affordable housing funds,
what is the update? Mudd said KPMG are finishing up that report;
Commissioner Coyle had wanted "every last penny accounted for".
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
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve an Interim Management Plan for the
Brochu property under the Conservation Collier Land Acquisition
Program.
Ten acres east of Sanctuary Lane; adjacent to Immokalee Road
on the south and Limpkin Road on the north
Continued to the February 27, 2007 BCC Meeting
2) 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 grant
final approval of the roadway (private) and drainage improvements
for the final plat of Verona walk Phase lB. The roadway and drainage
improvements will be privately maintained.
3) Recommendation to approve an application by Naples Urgent Care, P.
L. for participation in the Advanced Broadband Infrastructure
Investment Program.
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February 13, 2007
For installation at their newly constructed offices at 8350 Sierra
Meadows Blvd., Edison Village, Naples
4) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Chatham Woods, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
5) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Caldecott Replat.
6) To seek approval from the Board of County Commissioners of the
Building Directors issuance of building permits for the replacement of
previously existing pool screen enclosures damaged by Hurricane
Wilma, with the understanding the respective applicants recognize
and agree to filing the required requests for dimensional variances
associated with the respective side yard and/or rear yard
encroachments.
Located at 248 Edgemere and 2207 Royal Lane, Naples
7) Recommendation to approve a budget amendment to transfer funds
from Fund 339 Reserves (Road Impact Fee District 5 -Immokalee) to
Fund 339 Reimbursements (prior year) in the amount of $100,000.
8) Recommendation of the Immokalee Redevelopment Area Advisory
Board and Immokalee Enterprise Zone Development Agency to the
Board of County Commissioners to elect a chairman and vice
chairman for the Immokalee Redevelopment Area Advisory Board
and the Enterprise Zone Development Agency for 2007 ((Joseph K.
Schmitt, Administrator, Community Development and Environmental
Services). Companion item to item 16Gl)
Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice
as Vice-Chair
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February 13, 2007
9) Recommendation to approve final acceptance of the water and sewer
utility facilities for Veronawalk, Phase IB.
W /release of the Utilities Performance Security
B. TRANSPORTATION SERVICES
1) Approve the purchase of 2.52 acres of unimproved property (Parcel
No. 216) which is required for the construction of a stormwater
retention and treatment pond for the Oil Well Road widening proj ect.
Project No. 60044 (Fiscal Impact: $278,910.00)
Between Immokalee Road and Camp Keais Road
2) Recommendation to award a construction contract to Bonness, Inc. for
Livingston Road (C.R. 881) Intersection Improvements at Pine Ridge
Road, Bid No. 07-4096, Project No. 60016, in the amount of
$420,587.37.
To reconstruct the northbound dual right turn lanes at the Pine
Ridge Road intersection
3) Recommendation to approve a South Florida Water Management
District Local Governmental Grant Agreement No. 4600000608 in the
amount of $250,000 for partial funding of the 2007 Australian Pine
Tree Removal Program.
To enhances flood control and stormwater management
4) Recommendation to award Bid #07-4086 Supply & Install Traffic
Signs and Markings to Trutwin Industries, Inc. for the approximate
amount of $90,500.
For all canal road endings in Golden Gate Estates
5) Recommendation to approve Change Order #5 to add $298,485.00 for
continuing Inspection Services for KCCS, Inc. under ITQ 04-3583
CEI Services for Collier County Road Projects for Project No. 60006
Grade Separated Overpass Road Project on Golden Gate Parkway and
over Airport-Pulling Road.
Scheduled for completion in June, 2007
6) Recommendation to approve the use of the rate of$3,850 per 1,000
square feet based on an alternative road impact fee calculation for a
proposed American Signature Furniture store to be located at the
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February 13, 2007
Triangle Parcel north of the intersection of U.S. 41 Tamiami Trail
North and Old U.S. 41
As detailed in the Executive Summary
C. PUBLIC UTILITIES
Moved to Item #10J - To remain on Consent with changes to verb age
1) Recommendation to approve an agreement with FEBCO Inc. a
Division of Watts Water Technologies Inc. that allows FEBCO to
seek certification of their Backflow Prevention Devices (BPDs)
otherwise known as Reduced Pressure Detector Assemblies (RPDAs),
which were installed during the inception of the fire and irrigation
water system improvements in Pelican Bay. Project Number 74023.
Due to pending certification
2) Recommendation to award Contract #06-4056 Disaster Recovery
Services to James Lee Witt Associates, a part of Global Options
Group, Inc., for consulting services required by the Collier County
Board of County Commissioners as a result of a declared disaster in
Collier County and authorize the Chairman to execute the contract.
Due to hurricane Wilma in October, 2005
3) Recommendation to execute an agreement between the Collier County
Water-Sewer District, the Florida Governmental Utility Authority,
and the Sembler Family Partnership Ltd., allowing the Florida
Governmental Utility Authority to provide temporary wastewater
service to the proposed Brooks Village commercial development.
Located on the southwest corner of Pine Ridge Road and County
Road 951 (Collier Blvd)
4) Recommendation to accept four South Florida Water Management
District Alternative Water Supply Grants in the total amount of
$3,009,200 for the partial funding for the construction of
improvements to the County's public water supply system.
As detailed in the Executive Summary
5) Recommendation to authorize sole source purchase and certified
installation of replacement parts for the Oxidation Ditched and
Clarifiers to Siemens Water Technologies, in the estimated annual
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February 13, 2007
amount of $500,000.
With Siemens Water Technology
6) Recommendation to approve, and authorize the Chairman of the
Board of County Commissioners to sign letters to the City of Naples,
the City of Marco Island and the City of Everglades City requesting
them to adopt the mandatory Non-Residential Recycling Ordinance
No. 2004-50 or similar Ordinance.
Critical in preserving valuable landfill airspace in Collier County
7) Approve a budget amendment to recognize funds provided by South
Florida Water Management District Grants in the amount of
$ 425,847.00 and approve the necessary budget amendment for the
Reclaimed Water Aquifer Storage and Recovery Project 74030.
To protect the public water supply by increasing the amount of
reclaimed water used for irrigation
D. PUBLIC SERVICES
1) Recommendation to rescind approval of the Interlocal Agreement for
Fund Sharing of the Pulling Property Project as approved by the
Board of County Commissioners on June 14, 2005 and to approve a
new agreement with the City of Naples for the Pulling property boat
ramp facility in an amount not to exceed $700,000.
To fund the construction of a public boat ramp facility
Moved to Item #101
2) Recommendation that the Board of County Commissioners approve a
request from I HOPE, Inc. of Collier County to fund the $10,000
payment of permitting fees related to the installation of thirty (30)
FEMA trailers in the Immokalee area.
To assist families severely effected by Hurricane Wilma
3) Recommendation to approve the purchase to retrofit sports field
lighting from Musco Lighting for Eagle Lakes Community Park in the
amount of $261 ,543 and approve necessary budget amendments.
To provide high quality lighting with minimal disturbance to
surrounding communities
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February 13, 2007
4)
Withdrawn
5)
6)
7)
Recommend approval of a resolution of the Board of County
Commissioners of Collier County, Florida, reestablishing the Collier
County Parks and Recreation Department Facilities and Outdoor
Areas License and Fee Policy, and Superseding Resolution 2006-296
and all other Resolutions establishing license and fee policy
Resolution 2007-32
Recommendation to grant a loan to the Collier County Housing
Development Corporation (CCHDC) of $200,000 for the construction
of an affordable housing unit in Copeland using State Housing
Initiative Partnership (SHIP) funds.
To replace an uninhabitable mobile home
Recommendation to name the skate park at East Naples Community
Park Velocity Skate Park.
To support overall marketing strategies for the facility
Recommend approval of resolution of the Board of County
Commissioners of Collier County, Florida, establishing and
implementing revised beach parking fees and rules in compliance with
an agreement with Florida Department of Environmental Protection;
repealing Resolution No. 2002-430.
Resolution 2007-33
8)
Recommendation to approve a budget amendment appropriating
$40,000 from Reserves to fund the Remedial Action Plan Assessment
in response to the fuel spill at Caxambas Park.
Done by Mactec
9)
Recommendation that the Board of County Commissioners authorize
the use of $144,305 from the Housing and Human Services
Department to be used as a part of a local match requirement to obtain
State and Federal funding to continue operation of the Horizons
Primary Care Clinic in the Golden Gate area.
To provide health care services for those on Medicaid, the
uninsured and the underinsured population of Collier County
10)
Recommendation to Award bid number 07-4084 for Pool Chemicals
and Supplies to various vendors. These chemicals and supplies will be
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February 13, 2007
used in County Park and Recreation Department aquatic facilities.
With Allied Universal Corporation, Commercial Energy
Specialists, Inc., Recreonics, Inc. and NUCO(2)
11) Recommendation to approve application and Memorandum of
Understanding for a Safe Havens: Supervised Visitation and Safe
Exchange Grant in the amount of $200,000 from the United States
Department of Justice and, if awarded, to serve as the Fiscal Agent
and to authorize staff to negotiate a sub-recipient agreement with
Child Advocacy Council (d.b.a. Child Protection Team)
Detailed in the Executive Summary
12) Recommendation to authorize the Chairman to sign the amendment
between Collier County Board of County Commissioners and the
Area Agency on Aging of Southwest Florida and approve budget
amendments to reflect an overall decrease of $21 ,000 in the Older
Americans Act programs.
For the contract period January 1st through December 31st, 2006
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a Resolution authorizing the
Commission Chairman to execute Deed Certificates for the sale of
burial plots at Lake Trafford Memorial Gardens Cemetery during the
2007 calendar year.
Resolution 2007-34
2) Recommendation to approve the addition of the classification Director
Operations Support PUD to the 2007 Fiscal Year Pay Plan & the
removal of the classification Director Utilities Finance Operations
from the 2007 Fiscal Year Pay Plan.
This is a change in title with no change in compensation
3) Recommendation to approve amendments to the County's current
agreement with ICMA-Retirement Corporation (ICMA-RC) that
provides a deferred compensation plan to County employees.
Providing more flexibility to employees regarding their
retirement assets
Page 17
February 13, 2007
4) Recommendation to approve a Fourth Amendment to Lease
Agreement with Arnold Properties, Inc., for the continued use of
garage/warehouse space by the Sheriffs Office at a total cost of
$29,192.40.
Located at 1100 Commercial Boulevard for the period beginning
March 1, 2007 and ending February 28, 2008
5) Recommendation to approve a Lease Agreement with Domenico and
Maria LaGrasta for temporary warehouse/ office space to be used by
the Sheriffs Office at a first years cost of $84,000.
For 7,000 square feet located at 4373 Mercantile Avenue
6) Recommendation to approve Boyd Brothers Service, Inc. as the sole
source provider for the installation, repair and replacement of
Automated Logic Systems and Controls.
To be integrated into existing systems
7) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of December 18, 2006 through January 23, 2007
F. COUNTY MANAGER
1) Approve Budget Amendments
Budget Amendments #07-162 and #07-185
2) Recommendation to approve the submittal of the attached Emergency
Management, Preparedness and Assistance (EMP A) Trust Fund
Project Application to the Florida Department of Community Affairs
in the amount of $68,440.
For a Radio Tower Trailer System which will support the
deployable multi-agency communications and coordination
system used for emergency preparedness
3) Recommendation to approve the submittal of a Florida Emergency
Medical Services Matching Grant Application and Grant Distribution
Form for the Stair Chair Program in the amount of $69,850.24.
For the purchase of 32 stair-chairs which are used to move
patients/victims under difficult circumstances
Page 18
February 13, 2007
4) Approve a budget amendment in the amount of $40,000 for the
purchase of equipment and supplies required for the production of
sandbags which will be utilized by Emergency Management and the
Road and Bridge Department during flood events.
For the purchase of a sandbagging machine and supplies
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation of the Immokalee Redevelopment Area Advisory
Board and Immokalee Enterprise Zone Development Agency to the
Board of County Commissioners sitting as the Collier County
Redevelopment Agency to elect a chairman and vice chairman for the
Immokalee Redevelopment Area Advisory Board and the Enterprise
Zone Development Agency for 2007 (Companion item to 16A8)
Appointing Fred N. Thomas, Jr. as Chairman and Richard Rice
to serve as Vice-Chair
2) To approve and execute Site Improvement Grant Agreement between
the Collier County Community Redevelopment Agency and a grant
applicant within the Bayshore Gateway Triangle Community
Redevelopment area.
Located at 3095 Linwood Avenue
3) Recommendation that the Community Redevelopment Agency (CRA)
approve CRA staff attendance at 2007 Redevelopment Conference,
ICSC North Florida Seminar and 17th Annual Growth Management
Summit; 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.
As detailed in the Executive Summary
4) Approve a budget amendment for $91,400 to increase budgeted
revenues and budgeted expenses for the sale and purchase of aviation
fuel at lmmokalee Regional Airport.
Due to an increase in the sale of aviation fuel
H. BOARD OF COUNTY COMMISSIONERS
Page 19
February 13, 2007
Withdrawn
1)
2)
3)
Withdrawn
5)
Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Gulf Citrus Country Gala on Saturday, March 24, 2007
at the LaBelle Civic Center in LaBelle, Florida. $60.00 to be paid
from Commissioner Halas' travel budget.
Located at 481 State Road 80, behind the LaBelle City Hall
Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Economic Development Council VIP Breakfast Meeting
on Thursday, February 8, 2007, at the Doubletree Guest Suites, 12200
Tamiami Trail in Naples, Florida. $16.00 to be paid from
Commissioner Halas' travel budget.
To support local business
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. To attend the
Naples Press Club Annual Special Author Luncheon on Saturday,
February 24,2007 at the Cypress Woods Golf and Country Club;
$35.00 to be paid from Commissioner Fiala's travel budget.
To meet crime novelist Alafair Burke
4)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. To attend the
2007 Women of Style 10th Annual Awards on Thursday, March 1,
2007 at the Naples Grand Resort; $100.00 to be paid from
Commissioner Fiala's travel budget.
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. To attend the
Marco Island Historical Society Spring Appraisal Faire Gala Live and
Silent Auction on Saturday, March 3, 2007 at the Hammock Bay Golf
and Country Club, Naples; $75.00 to be paid from Commissioner
Fiala's travel budget.
Located at 1370 Borghese Lane, Marco Island
6)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Page 20
February 13, 2007
Physicians Regional Medical Center Good News Gala on Saturday,
January 27,2007 at the Physicians Regional Medical Center, Naples;
$35.00 to be paid from Commissioner Fiala's travel budget.
Located at 8300 Collier Boulevard, Naples
7) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. To attend the
Marine Corps League Honor the Free Press Luncheon on Wednesday,
March 14,2007 at the Hilton Hotel, Naples; $25.00 to be paid from
Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North, Naples
8) Commissioner Coletta requests approval for reimbursement for
prepaying for a function serving a valid public purpose.
Commissioner paid in advance to register to attend the Urban Land
Institute (ULI) Southwest Florida District Council Meeting -Winter
Institute on February 22,2007 and is requesting reimbursement in the
amount of $75.00, to be paid from his travel budget.
Held at the Naples Hilton, 5111 Tamiami Trail North, Naples
9) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Everglades City Hall Restoration
Celebration as a Keynote Speaker on January 27,2007 and is
requesting reimbursement in the amount of$20.00, to be paid from
his travel budget.
Held at the Seafood Depot Restaurant, Everglades City
10) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend Southwest Florida Transportation Initiative
Pre-Session Legislation Event on January 29,2007 and is requesting
reimbursement in the amount of$35.00, to be paid from his travel
budget.
Held at the Colony Bay Club, 3480 Pelican Colony Boulevard,
Bonita Springs
11) Commissioner Coletta requests approval for reimbursement for
prepaying to attend a function serving a valid public purpose.
Commissioner paid in advance to attend the Naples Chamber of
Page 21
February 13,2007
Commerce Board Meeting on January 25,2007 and is requesting
reimbursement in the amount of $3.00, to be paid from his travel
budget.
At the Naples Hilton, 5111 Tamiami Trail North, Naples
12) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Heritage Bay Affordable Housing
Ground Breaking Ceremony and Luncheon on January 19,2007 and
is requesting reimbursement in the amount of $16.00, to be paid from
his travel budget.
Attended as a keynote speaker
13) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Breakfast meeting of the Boy Scouts of
America - Alligator (Collier County) District Committee and is
requesting reimbursement in the amount of$7.95, to be paid from his
travel budget.
Held at the Collier Athletic Club
I. MISCELLANEOUS CORRESPONDENCE
1) To file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain board approval for disbursements for the period of January
06,2007 through January 12, 2007 and for submission into the official
records of the board.
2) To obtain board approval for disbursements for the period of January
13, 2007 through January 19, 2007 and for submission into the official
records of the board.
3) To obtain board approval for disbursements for the period of January
20, 2007 through January 26, 2007 and for submission into the official
records of the board.
Page 22
February 13, 2007
4) To obtain board approval for disbursements for the period of January
27,2007 through February 02,2007 and for submission into the
official records of the board.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of $150,000 for Outside Counsel
fees and $40,000 for Other Contractual Services (used for experts and
consul tan ts ).
For assistance with the Affordable Housing Ordinance and the
Collier County vs. Brock Case
2) Recommendation to approve settlement at mediation and prior to trial
in the lawsuit entitled John S. Segro, James W. Antoniou and James
A. Antoniou, Jr., a minor v. P&K Pole Products, et aI., filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 02-2096-CA, for a total amount of$125,000.00.
As detailed in the Executive Summary
3) Recommendation to Approve an Agreed Order for Payment of Expert
Fees in Connection with Parcel 140 in the Lawsuit Styled Collier
County v. Rosa A. Hernandez, et aI., Case No. 05-l033-CA (CR 951,
Project No. 65061) Fiscal Impact: $56,000.00.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
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.
Page 23
February 13, 2007
A. Recommendation to Approve an Ordinance Amending Collier County
Ordinance No. 93-56, as amended, the Animal Control Ordinance;
Amending Section One, Definitions; Amending Section Four to Provide a
Fee for Micro-Chipping; Amending Section Five to Revise Fees by
Resolution and to Establish Procedures for Micro-Chipping; Amending
Section Six, Prohibitions; Adding a New Section Nineteen Entitled
Dangerous Dogs; Providing for Conflict and Severability; Providing for
Inclusion in the Code of Laws and Ordinances; and Providing for an
Effective Date.
Ordinance 2007-23
Moved to Item #8D
B. Recommendation to adopt a County Ordinance governing the threshold
amount of land or easement purchases requiring one or two real estate
appraisals (Estimated fiscal impact: not to exceed $300.00)
c. Recommendation to approve Petition A VESMT -2006-AR-l 0036, Aqua,
Pelican Isle Yacht Club to disclaim, renounce and vacate the County's and
the Publics interest in a certain irregular width Utility Easement located in
the southeast of the southeast of the northeast in Section 17, Township 48
South, Range 26 East, Collier County, Florida, and being further described
in Exhibit A.
Resolution 2007-35
D. Recommendation to adopt a Resolution designating 789.4 acres in the Rural
Lands Stewardship Area Overlay District (RLSA) as (BCI/BCP SSA 9),
approving a credit agreement for BCI/BCP SSA 9, approving an easement
agreement for BCI/BCP SSA 9, and establishing the number of Stewardship
Credits generated by the designation of said Stewardship Sending Area in
response to an application by Barron Collier Investments, Ltd. and Barron
Collier Partnership.
Resolution 2007-36
E. Recommendation that the Board of County Commissioners approve an
amendment to Collier County Ordinance No. 03-53, as amended (also
known as the Collier County Ethics Ordinance), amending Section Seven to
require lobbyists to register quarterly and update the names of those entities
by whom they have been employed to lobby and also requiring disclosure of
Page 24
February 13, 2007
the name or identity of those employing a lobbyist whenever a lobbyist
engages in lobbying activities.
Ordinance 2007-24
F. Recommendation to approve the Hispanic Affairs Advisory Board's
proposed amendment to the HAAB Ordinance No. 91-37, as amended, and
Codified as Chapter 2, Article VIII, Division 7, in the Code of Laws and
Ordinances, amending Section 7, Functions Powers and Duties, to clarify the
HAAB's goals and objectives, and providing an effective date.
Ordinance 2007-25
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
Page 25
February 13, 2007