Recap 03/25-26/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
March 25-26, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2 (Absent 3/26/08)
Fred W. Coyle, BCC Commissioner, District 4 (Absent 3/26/08)
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."
Page 1
March 25-26, 2008
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 IMP AIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor J.R. Pagan, International Worship Center
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. February 19,2008 - BCC/Tourist Development Council Joint Workshop
Approved as Presented - 5/0
C. February 19,2008 - BCC/Land Development Code Meeting Amendments
Approved as Presented - 5/0
D. February 26/27,2008 - BCC/Regular Meeting
Approved as Presented - 5/0
E. March 4,2008 - BCC/Strategic Planning Workshop
Approved as Presented - 5/0
Page 2
March 25-26, 2008
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
c.
D.
Added
E.
A.
Proclamation designating April 2008 as Autism Awareness Month. Schedule
to be accepted by Brian and Dawn Itzkowitz, by accepted by Kristi-Leigh
and Bruce Lyon.
Adopted - 5/0
B.
Proclamation designating April, 2008 as Call 811 Before You Dig Month.
To be accepted by Lynn Dafron, Embarq (Committee Chairman), Bob
Martzloff, City of Naples (Committee Vice Chairman), Collier County Staff
Members: Fred Sexton, PUD Engineering, Trudi Ramirez, Trans. Traffic
Operations, Steve Shelton, PUD Wastewater, James French, CDES
Operations and Regulatory Mgmt. and Everildo "Evy" Ybaceta, CDES
Operations and Regulatory Mgmt.
Adopted - 5/0
Proclamation designating April to be recognized as Water Conservation
Month. To be accepted by Paul Mattausch, Water Department Director
Adopted - 5/0
Proclamation recognizing April 7-11, 2008 as National Work Zone
Awareness Week. To be accepted by Norman Feder, Administrator,
Transportation Services Divison, Jay Ahmad, Trans. Eng. & Const.
Management Dept. Director, Bob Tipton, Traffic Operations Dept. Director,
Diane Flagg, Alternative Transportation Modes Director, John Vliet, Road
Maintenance Director, Nick Casalanguida, Transportation Planning Dept
Director, FHP Sgt. Dwayne Cooper and Sgt. Dave Contessa, as well as Sgt.
Chris Gonzalez and Lt. Harold 1. Minch from the Collier County Sheriffs
Office.
Adopted - 5/0
Proclamation designating March 30, 2008 as National Doctor's Day. To be
accepted by Dr. Fontana. (Staff's request)
Adopted - 5/0
5. PRESENTATIONS
Page 3
March 25-26, 2008
A. Recommendation to recognize Jecika DeLeon, Administrative Secretary,
Transportation Administration, as Employee of the Month for March 2008.
Recognized
B. Presentation by DeAngelis Diamond Construction, Inc.; on the status of the
Golden Gate Library Expansion.
Presented
C. This item to be heard at 10:00 a.m. Presentation by Clerk of Courts
Dwight Brock regarding investments.
Presented by Dr. Stuart Brown
6. PUBLIC PETITIONS
A. Public petition request by Rene' Oliver to discuss the Dangerous Dog Law.
Have DAS to review and submit recommendations/changes ofthe
ordinance to the Board
Withdrawn
B. Public petition request to discuss use of second driveway on Green
Boulevard. (As this item is an on-going Code Enforcement case, the
Board will hear the item but will not discuss the item after it has been
presented.) (Same subject matter as Item #10F)
C. Public petition request by Jim Kramer to discuss support for the platform of
the American people.
Presented
D. Public petition request by Brian Jones to discuss temporary conditional use
permit for Adventure Training Concepts, LLC.
To be brought back at the next Board meeting - Approved 5/0
E. Public petition request by Lois Selfon to discuss Collier County to provide
funding support for City of Naples Parks and Recreation facilities.
Motion to bring back at future meeting to establish funding policy for
Parks and Rec. operations - 4/1 (Commissioner Halas opposed)
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
Page 4
March 25-26, 2008
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. ADA-2007-AR-12714,
Saundra Clancy-Koendarfer, represented by Ben Nelson of Nelson Marine
Construction, Inc., is requesting an appeal ofBD-2007-AR-12154 denied by
the Collier County Planning Commission on December 6, 2007. Subject
property is located in Section 5, Township 48, Range 25, Collier County,
Florida.
Motion to remand back to the CCPC (specifically those members that
voted against the petition) with statements of the legal basis for denial;
to be brought back to the April 22, 2008 BCC Meeting - Approved 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. A Resolution approving
with conditions Petition CCSL-2008-0I/AR-12598 requesting a variance
from the Coastal Construction setback line (CCSL) to allow construction for
seven picnic shelters, six chickee hut concession stands, replacement and
expansion of an existing park entrance administrative office, and paved
drop-offlane addition to the Park Road, all of which are located on property
known as Delnor- Wiggins Pass State Park with a street address of 11135
Gulfshore Drive North and more particularly described as that fraction part
of Lots 1 & 2, located in Section 20, Township 48 South, Range 25 East,
Collier County, Florida
Resolution 2008 -74: Approving the State's Petition and for the State to
work with the County regarding increasing parking and attendance _
Adopted 4/1 (Commissioner Halas opposed)
B. Recommendation that the Board of County Commissioners consider
adopting an Ordinance to establish a Job Retention Investment Program
available to targeted, high wage local companies in order to preserve the
existing targeted workforce and encourage the expansion of additional high
wage jobs; the Ordinance has been prepared in accordance with the request
by the Economic Development Council of Collier County and the prior
direction of the Board of County Commissioners. (Tammie Nemecek,
Economic Development Council)
Ordinance 2008-16 and extending program to 2013
Adopted 5/0
Page 5
March 25-26, 2008
9. BOARD OF COUNTY COMMISSIONERS
March 26, 2008
A. Appointment of members to the Environmental Advisory Council.
Resolution 2008-76 Reappointing Judith Hushon, Appointing Allison
Delaine Megrath and Paul Lehmann as regular members. Appointing
Susan Leach Snyder as an alternate Adopted 3/0 (Commissioner Coyle
and Commissioner Halas absent)
March 26, 2008
B. A resolution of the Board of County Commissioners supporting House Bill
965 and Senate Bill 1660, exemption of certain personal information of
employees working as paramedics and EMTs. (Commissioner Henning)
Resolution 2008-77 Adopted 3/0 (Commissioner Coyle and
Commissioner Halas absent)
C. Contract extension for David Weigel, County Attorney. (Commissioner
Henning's request)
Approved 4/1 (Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11:00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2008 in
accordance with Ordinance No. 2001-55. Advisory Board's include:
Immokalee Area Master Plan and Visioning Committee, lmmokalee
Beautification Advisory Committee, Isles of Capri Fire Control District
Advisory Board, Parks and Recreation Advisory Board and Collier County
Water and Wastewater Authority. (Mike Sheffield, Assistant to the County
Manager)
Motion to accept reports as presented - Approved 5/0
March 26, 2008
B. Recommendation to approve the purchase of property insurance for the
period April 1, 2008 through March 31, 2009 in the amount of$3,571,427, a
reduction of$51O,262. (Jeff Walker, Director, Risk Management)
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
Page 6
March 25-26, 2008
March 26, 2008
C. Recommendation to adopt a Resolution (Initiating Resolution) of the Board
of County Commissioners of Collier County, Florida, pursuant to Part II of
Chapter 171, Florida Statutes (Florida's Interlocal Service Boundary Act) to
commence the process for negotiating an interlocal service boundary
agreement regarding 22.04 acres ofland, more or less, described as the
Senior Care Site, proposed to be annexed into the City of Naples. (Jim
Mudd, County Manager)
Resolution 2008-78 Adopted 3/0 (Commissioner Coyle and
Commissioner Halas absent)
D. This item to be heard at 2:30 p.m. To provide the Board of County
Commissioners (BCC) a Resolution defining the County's position on lanes
5 and 6 on Interstate 75 and requesting that the Southwest Florida
Expressway Authority (SWFEA) conduct a study to review alternative
roadways to 1-75 that provide mobility between Collier County and Lee
County. (Norman Feder, Administrator, Transportation Services and Nick
Casalanguida, Director, Transportation/Planning)
ResolHtion of Denial 2008 75: Motion to deny any more support ofthe
SWFEA, support staff in their pursuit of alternative options regarding
1-75 and to continue working with the regional MPO and FDOT-
Approved 5/0 - No Resolution of Denial to be Submitted
E. This item to be heard at 3:00 p.m. Recommendation that the Board of
County Commissioners (BCC) evaluate and consider proposals from the
various governmental agencies that have expressed interest in potentially
managing and accepting Transfer of Development Rights (TDR) severed
Rural Fringe Mixed-Use District (RFMUD) North Belle Meade (NBM)
Sending Land properties in a fee simple conveyance process as viable
alternatives in juxtaposition to the proposed Community Development
District (CDD) conveyance arrangement presented to the Board. (Joe
Thompson, Senior Planner, Comprehensive Planning Department, CDES &
Alex Sulecki, Program Coordinator, Conservation Collier, Administrative
Services Division)
Discussed at length with no action taken
March 26, 2008
F. To receive approval from Board of County Commissioners (BCC) to allow
the existing driveway connections on Green Boulevard, that serve as
secondary access point to the residents of 15th Avenue SW, to remain until
Page 7
March 25-26, 2008
such time the County improves Green Boulevard to a four lane urban cross
section. (Norman Feder, Administrator, Transportation Services) (Same
subject matter as Item 6B)
Motion to approve a temporary permitting use on Green Blvd _
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
March 26, 2008
G. This item continued from the February 26, 2008 BCC meeting and is
further continued to the March 25, 2008 BCC meeting. Recommendation
to grant final approval of the roadway (private) and drainage improvements
for the final plat ofOlde Cypress Unit One (Olde Cypress PUD). The
roadway and drainage improvements will be privately maintained. (Stan
Chrzanowski, Sr. Engineer, Engineering & Environmental Services
Department, CDES)
Resolution 2008-79: Motion to Release Bond except for $100,000 until
buffer is complete Adopted 3/0 (Commissioner Coyle and Commissioner
Halas absent)
March 26, 2008
H. Recommendation to approve the purchase of a 4.98 acre improved property
(Parcel No. 147) and a vacant, 4.27 acre parcel (Parcel No. 146), both of
which are required for the construction of the Vanderbilt Beach Road
Extension project. Project No. 60168 (Fiscal Impact: $1,977,600.) (Jay
Ahmad, TransportationJECM Director)
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
March 26, 2008
I. Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida, to amend and clarify the Countys
Stormwater Funding Policy; Funding of Stormwater Management; Findings
and Purpose; Capital and Operating Budget; Definitions; and providing an
effective date. (Norman Feder, Administrator, Transportation Services)
Resolution 2008-80: Adopted 3/0 (Commissioner Coyle and
Commissioner Halas absent)
March 26, 2008
J. Request that the Board of County Commissioners provide guidance to staff
regarding the recently received application for a permit to allow for the
installation of two signs for a Coffee Shop business located at 6345 Naples
Boulevard, Pine Air Lakes PUD. (Joseph K. Schmitt, Administrator, CDES)
Page 8
March 25-26, 2008
Motion to issue permit Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent)
March 26, 2008
Moved from Item #16B3
K. Recommendation to consider a request to modify Haldeman Creek Dredging
Municipal Services Taxing Unit Ordinance No. 2006-60 by adding 5 parcels
and modify Section Six-B to add or owners of residential or commercial
property .
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K5
A. This item to be heard at 4:00 p.m. Recommendation that the Board of
County Commissioners consider approving a Settlement Agreement and
Release with Lodge Abbott Associates, LLC (owner of the Cocohatchee Bay
Planned Unit Development) to settle alleged claims, including an alleged
Bert Harris Act claim purportedly arising from denial of an amendment to
the Cocohatchee Bay PUD to modify the Bald Eagle Management Plan, and
Lodge Abbott Associates, LLC v. Collier County, Case No. 05-962-CA,
now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida, as well as amended Cocohatchee Bay PUD Document with attached
Bald Eagle Management Plan
Motion to continue to the April 22, 2008 BCC Meeting - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
March 26, 2008
A. Mr. Ochs - Public Petition Item #6E will be brought to the 2nd meeting
in April so staff has time to gather information and prepare analysis
B. Mr. Ochs - Quarterly meetings with the City of Naples now to meet
monthly and to be moved as needed
Page 9
March 25-26, 2008
C. Mr. Ochs - Motion to reconsider Item #17B - Approved 3/0
(Commissioner Coyle and Commissioner Halas absent); Motion to
continue to the April 8th BCC Meeting - Approved 3/0 (Commissioner
Coyle and Commissioner Halas absent)
D. Mr. Weigel- Regarding parks and recreation funding assistance for
municipalities
E. Mr. Weigel- Report regarding Haldeman Creek and Immokalee
Beautification
F. Commissioner Coletta - Meeting at St. Agnes Church from 5 PM to 7
PM, located at the corner of SR 951 and Vanderbilt Extension,
regarding Wilson Blvd. Extension
G. Commissioner Henning - Tasks assigned the Advisory Boards and
straying from their assigned tasks - to be brought back to a future BCC
Meeting when all Commissioners are present
H. Go to Item #18
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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.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted w/Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Agreement to accept donated
property for use as right-of-way on the Santa Barbara Blvd.
Extension, Project #60091 (Potential Fiscal Impact: $132.00)
Located on the east side of Davis Blvd and Santa Barbara Blvd
2) Recommendation to Award Collier County Bid #08-5050 Diesel
Powered Refuse Loader to Wallace International Trucks.
A replacement vehicle for the Road Department
Moved to Item #lOK
3) Recommendation to consider a request to modify Haldeman Creek
Dredging Municipal Services Taxing Unit Ordinance No. 2006-60 by
Page 10
March 25-26, 2008
adding 5 parcels and modify Section Six-B to add or owners of
residential or commercial property.
4) Recommendation to grant a special exception to The Shores of
Berkshire Lakes concerning the communities request to pay the
County's noise wall contractor on the Santa Barbara Boulevard
Project to continue installing said wall from the limits of the
warranted noise wall, easterly along Radio Road to the East boundary
of their property. (Fiscal Impact: $0.00)
Contract with Duratec
5) Recommendation for the Board of County Commissioners to approve
an interim impact fee for new dry storage construction at Calusa
Island Marina until an approved alternative impact study is completed
and the appropriate fee is determined.
Failure to complete impact study will result in a lien being put on
the property
C. PUBLIC UTILITIES
1) Recommendation to Award Bid Number 08-5039 for the installation
of one fuel tank for the Carica Repump Station in the amount of
$218,839 to Quality Enterprises, Incorporated.
To replace the existing tank that has been in place since the 1980's
2) Recommendation to amend award of Bid Number 07-4181 for
landscaping maintenance of Public Utilities Division facilities to
rescind award to Florida Land Maintenance and award to Amera Tech
Incorporated in the estimated amount of $142,312.
Florida Land Maintenance refused to sign a contract
3) 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,
1994, and 1995 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $48.50 to record the Satisfactions of
Lien.
Resolution 2008-67
Page 11
March 25-26, 2008
4) Recommendation to approve Amendment 7 to Contract #03-3517
with Greeley and Hansen LLC for Professional Engineering Services
for Water Main Projects in the amount of$230,520. Projects #70151
and#70152.
For construction of 6.5 miles of water transmission mains through
the utility corridor of Collier Blvd.
D. PUBLIC SERVICES
1) Recommendation to approve a budget amendment to purchase a
computer and additional operating supplies and appropriate $4,000 of
reserve for cash balance of the University Extension Trust Fund.
For operation of Master Gardener Plant Clinic and a new Sea
Grant/Marine Science Outreach Program
E. ADMINISTRATIVE SERVICES
1) Recommendation to authorize the County Manager, or his designee,
to submit a South Florida Program grant proposal to the U.S. Fish and
Wildlife Service (USFWS) for $19,384 (of which $8,400 will be
reimbursable) to fund a native plant restoration project at the
Conservation Collier Otter Mound Preserve.
For programs that conserve and protect endangered and
threatened wildlife species
2) Recommendation to authorize the County Manager, or his designee,
to submit a Bureau of Invasive Plant Management (BIPM) grant
proposal to the Florida Department of Environmental Protection
(FDEP) for $132,000 to fund an invasive, exotic plant removal project
at the Conservation Collier Railhead Scrub Preserve.
For the removal of Melaleuca
3) Recommendation to authorize the County Manager, or his designee,
to submit a Bureau of Invasive Plant Management (BIPM) grant
proposal to the Florida Department of Environmental Protection
(FDEP) for $150,000 to fund an invasive, exotic plant removal project
at the Conservation Collier/ Corkscrew Regional Ecosystem
Watershed Trust Starnes Property.
For the removal of Brazilian Pepper
Page 12
March 25-26, 2008
4) Recommendation to approve an amendment to the Collier County
Group Health and Flexible Reimbursement Insurance Plan effective
January 31, 2008 to recognize the Voluntary Separation Incentive
Program.
As detailed in the Executive Summary
5) (Companion to Item #16G3; must be approved prior to Item
#16G3) Recommendation to approve a Resolution authorizing the
Chairman of the Board of Collier County Commissioners to execute a
Statutory Deed for the conveyance of County owned property to the
Collier County Community Redevelopment Agency to implement
provisions of the Bayshore/Gateway Triangle Master Plan and the
Bayshore Neighborhood Focus Initiative for the construction of
quality housing within the Coastal High Hazard Area as part of a CRA
residential in-fill project: Site Address 2605 Van Buren Avenue.
(Fiscal Impact: No impact to the County Managers Agency)
Resolution 2008-68
6) Recommendation to authorize and consent to the re-assignment of
Contracts No. 05-3826, "Furnish and Deliver Emulsions Polymer and
06-3898 "Chemicals for Utilities" from Ca1ciquest, Inc., to Carus
Phosphates, Inc., and to release Ca1ciquest, Inc., from liability after
the effective date of the Board's consent.
Due to acquiring the assets of Calciquest, Inc.
7) Recommendation to award RFP #08-5019 and Agreement between
Collier County and Building Systems Evaluation, Inc., dba Fire
Sprinkler Systems Company, dba BSE for Fire Sprinkler and Alarm
Testing, Inspection, Maintenance, and Installation for an estimated
annual amount of$165,000.
For fire sprinkler and alarm testing services for 2 years
8) To award a contract for voice and data cabling and communications
related services.
Awarded to CW Solutions as primary and Dura Tech Systems,
OSP Management and Aztek Communications as secondary
providers
F. COUNTY MANAGER
Page 13
March 25-26, 2008
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-69
2) Approve the necessary budget amendment from Ochopee Fire Control
District reserves in the amount of $55,000 to purchase equipment for
the purpose of bringing an existing fire truck up to full engine
specifications and make a mid year adjustment to routine operational
budget line items to address minor safety and compliance issues as
required by the National Fire Protection Association and the Insurance
Services Rating Organization.
3) Recommendation to approve a Resolution that supports proposed
legislation (HB 525) addressing loss offederal entitlement benefits for
inmates which would adopt the policy that they would remain enrolled
in Medicare or Medicaid on a suspended status if incarcerated less
than a year.
Resolution 2008-70
4) Recommendation to approve a Resolution supporting and encouraging
enactment of Senate Bill 1634, which requires Department of
Environmental Protection (DEP) notification to counties and cities
within a five-mile radius of a wastewater facility in violation of Part I,
Chapter 403, Florida Statutes, and identification by the DEP the
source of sewage contaminants which result in health advisories
prohibiting swimming in waters along Florida beaches.
Resolution 2008-71
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment in the amount of
$54,083 to fund engineering, environmental and construction services
for additional work for the mitigation project at Rookery Bay National
Estuarine Research Reserve required by the South Florida Water
Management District and the Army Corps of Engineers permits for
the Marco Island Executive Airport.
Page 14
March 25-26, 2008
2) Recommendation for the Community Redevelopment Agency to
approve the purchase of a residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
payment from the Bayshore Gateway Triangle CRA Fund (187) in the
amount of$65,000 plus cost and expenses to complete the sale of
subject property. Site address: 3105 Karen Drive ($65,000).
Additional costs for title insurance, attorney's fees, closing
services and recording fees
3) (Companion to Item 16E5) Recommendation that the Community
Redevelopment Agency accept the conveyance of County owned land
located within the boundaries of the Bayshore/Gateway Triangle
Redevelopment Overlay and direct CRA staff to record the executed
Statutory Deed from the County to implement provisions of the
Bayshore/Gateway Triangle Master Plan and the Bayshore
Neighborhood Focus Initiative providing construction of quality
housing within the Coastal High Hazard Area as part of a CRA
residential in-fill project: Site Address 2605 Van Buren Avenue.
(Fiscal Impact $3,000)
CR\ Resolution 2008 72 - No Resolution Adopted
H. BOARD OF COUNTY COMMISSIONERS
1)
Withdrawn
2)
Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose. He
attended the 4th Annual Freedom of the Press Luncheon at Naples
Hilton on Wednesday, March 12, 2008. $30.00 to be paid from
Commissioner Halas' travel budget.
Located at 5111 Tamiami Trail North
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She attended the
Marco YMCA Stan's Roast on Thursday, March 20,2008 at Marco
Marriott Resort & Spa. $150.00 to be paid from Commissioner Fiala's
travel budget.
3)
Commissioner Fiala requests Board approval for reimbursement for
attending a function servinig a valid public purpose. She attended the
Page 15
March 25-26, 2008
Withdrawn
5)
7)
8)
Charles Collier Luncheon and Presenation Thursday, March 6, 2008
at the Bellasera Hotel. $30.00 to be paid from Commissioner Fiala's
travel budget.
Located at 221 Ninth Street South in Naples
4)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She attended the
6th Annual Women in History Luncheon Friday, March 14,2008 at
Hilton Naples. $75.00 to be paid from Commissioner Fiala's travel
budget.
Located at 5111 Tamiami Trail North
Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. He attended the Grand Opening
Celebration of the Isabel Collier-Read Medical Campus, March 18,
2008. $23.95 to be paid from Commissioner Coletta's travel budget.
6)
Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. He attended the Physician's Regional _
Collier Boulevard "Hospital Check Up" Cocktail Party and
Presentation, March 20, 2008. $25 to be paid from Commissioner
Coletta's travel budget.
Located at 8300 Collier Boulevard
Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. He attended the Chief Donald Peterson
Retirement Celebration, March 9, 2008. $14.88 to be paid from
Commissioner Coletta's travel budget.
Held at the Vanderbilt Country Club, 8250 Danbury Blvd.
Proclamation recognizing Connie Mack IV and thanking him for his
extraordinary service to Collier County.
Adopted
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
Page 16
March 25-26, 2008
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of March
I, 2008 to March 7, 2008 and for submission into the official records
of the Board.
2) To obtain Board approval for disbursements for the period of March
08, 2008 through March 14, 2008 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Rose Somogyi, for Parcels 123 and 823 in the Amount of
$47,499.00 in the Lawsuit Styled Collier County v. John J. Yaklich, et
aI., Case No. 03-2259-CA, Golden Gate Parkway Project #60027
(Fiscal Impact: $45,405.00 if offer is accepted).
2) Recommendation to approve two settlements for road right-of-way
parcels acquired through condemnation for the Oil Well Road Project
#60044. (Fiscal Impact $15,057.00)
For Parcels #112FEE and #116FEE
3) Recommendation to authorize a second Offer of Judgment for Parcels
838A and 838B by Collier County to property owner, Nancy L.
Johnson Perry in the lawsuit styled CC v. Nancy L. Johnson Perry,
Individually and as Successor Trustee, et aI., Case No. 03-2373-CA
(Golden Gate Parkway Project No. 60027) (Positive Fiscal Impact of
$9000, if accepted.)
Due to improvements that were made within the property still
privately owned
4) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing Palm Beach County to issue
revenue bonds for the Children's Home Society of Florida, Inc. to
finance or refinance certain projects in several Florida counties,
including Collier County, and to authorize the Collier County
Industrial Development Authority to enter into an interlocal
agreement with Palm Beach County.
Resolution 2008-73
Page 17
March 25-26, 2008
Moved to Item #12A
5) Recommendation that the Board of County Commissioners consider
approving a Settlement Agreement and Release with Lodge Abbott
Associates, LLC (owner of the Cocohatchee Bay Planned Unit
Development) to settle alleged claims, including an alleged Bert
Harris Act claim purportedly arising from denial of an amendment to
the Cocohatchee Bay PUD to modify the Bald Eagle Management
Plan, and Lodge Abbott Associates, LLC v. Collier County, Case No.
05-962-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida, as well as amended Cocohatchee Bay PUD
Document with attached Bald Eagle Management Plan.
As Detailed in the Executive Summary
6) Recommendation to approve four settlements for road right-of-way
parcels acquired through condemnation for the Oil Well Road Project
(Oil Well Road Project #60044). (Fiscal Impact $19,207.00)
For the Parcels #149RDUE, #154RDUE, #159RDUE and
#186RDUE
7) Recommendation that the Board of County Commissioners approve a
budget amendment in the amount of$284,906.36, and direct staff to
deposit these funds into the Court registry, in order to effectuate a
November 22,2006 Order ofInterpleader and a February 15, 2008
Order Granting Motion for Summary Judgment relating to the
redemption of Tax Certificate No. 98-5482 (TDA #11983) and
subsequent conflicting claims for surplus funds.
8) Recommendation that the Board approve and authorize the Chairman
to execute a Retention Agreement with the law firm Nelson Hesse,
LLP to provide specialized legal counsel to the Collier County Water
and Wastewater Authority relating specifically to Orange Tree Utility
Company's Petition for Limited Proceeding Rate Increase.
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
Page 18
March 25-26, 2008
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SE-2007-AR-12229, an
ordinance amending Ordinance Number 07-34, for the Kaicasa Residential
Planned Unit Development (RPUD), to incorporate the inadvertent omission
of Section 5.6.E and Section 5.8.C-G that was approved by the Board of
County Commissioners on March 27, 2007 and therefore constitutes a
scriveners error. The subject property, consisting of 100 acres, is located
along the north side of State Road 29, east of Village Oaks Elementary
School, and is approximately 2 miles east of the intersection of State Road
29 and County Road 846.
Ordinance 2008-15
March 26, 2008
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to Fiscal
Year 2007-08 Adopted Budget.
Motion to reconsider - Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent); Continue to the April 8th BCC Meeting _
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
March 26, 2008
18. ADJOURN - Approved 3/0 (Commissioner Coyle and Commissioner Halas
absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 25-26, 2008