Recap 09/09-10/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
September 9-10, 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
Fred W. Coyle, BCC 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. 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."
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September 9-10, 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 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 with Changes - 5/0
B. July 22, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
C. August 4, 2008 - BCCN AB Meeting
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
B. 20 Year Attendees
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September 9-10, 2008
1) John Conti, TECM
Presented
2) Samuel Poole II., EMS
Presented
3) Kevin Potter, EMS
Presented
4. PROCLAMATIONS
A. Proclamation designating September 26,2008 as Veterans Recognition Day.
To be accepted by John Skiles, President of The Vietnam Veterans of
America, Chapter 706, Naples, Florida.
Adopted - 5/0
B. Proclamation designating that the week of September l5 - 20, 2008, as
Industry Appreciation Week. To be accepted by Tammie Nemecek,
President & CEO of the EDC.
Adopted - 5/0
C. Proclamation to recognize September 9,2008 as Leukemia, Lymphoma &
Myeloma Awareness Month. To be accepted by Melissa Peacock, Patient
Services Manager of the Leukemia & Lymphoma Society.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Thomas Keegan, Investigator, Code
Enforcement Department, as Employee of the Month for July 2008.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Milton 1. Thomas to discuss proposed draft noise
control ordinance.
Discussed
B. Public petition request by Phil Woodhouse to discuss refund for
overpayment of impact fees.
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September 9-10, 2008
Motion for staff to review assessment with possible refund -
Approved 4/1 (Commissioner Halas opposed)
C. Public petition request by Gayla Brittain to discuss a notice of code violation
referencing chickens.
Motion to aUow petitioner 60 days to abate code violation -
Approved 4/1 (Commissioner Henning opposed)
D. Public petition request by Janet den Hartog to discuss the Traveling Dignity
Memorial Vietnam Veteran Wall.
Request for the Board to waive CAT fees, provide variable signage and
the EMT Mobile Unit - Discussed
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted
7. BOARD OF ZONING APPEALS
September 10, 2008
A. This item to be heard at 9:00 a.m. on Wednesdav. September 10.2008.
This item reauires that aU participants be sworn in and ex parte
disclosure be provided bv Commission members. ADA-2008-AR-l32l2
Craig and Amber Grider, represented by Margaret Cooper of Jones, Foster,
Johnston and Stubbs, P.A. is requesting an Appeal of Official Interpretation,
INTP-2008-AR-l2880, initiated by the Collier County Board of County
Commissioners for the Olde Cypress PUD. Appellants' property is located in
the Olde Cypress PUD, Tract 5, Lot 28, Olde Cypress Unit 3, in Section 2l,
Township 48S, Range 26E, Collier County, Florida.
Motion to accept aU documents submitted and placed as part of Official
Record - Approved 5/0;
Motion to uphold Official Interpretation - Approved 4/1 (Commissioner
Coletta opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1:00 p.m. foUowinl!: Item #12B.
Recommendation that the Board of County Commissioners approve an
ordinance repealing Ordinance Number 99-38, as amended ("Maximum fees
for non-consent towing and storage of vehicles"), to establish new
requirements for non-consent law enforcement towing of vehicles, to
address requirements for private property tows, to provide for updated
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September 9-10, 2008
maximum fees for non-consent law enforcement towing, private property
towing, and the storage of towed vehicles, and to facilitate the future
adjustment of fees as necessary, by approving a Resolution establishing
maximum fees as required by the proposed ordinance. (Michelle Arnold,
Scott Teach, Diane Flagg)
Ordinance 2008-47 Adopted w/changes - 5/0
Resolution 2008-272 Adopted w/changes - 5/0
B. Recommend approval by the Board of County Commissioners of Ordinance
for the creation of Clam Bay Advisory Committee. (Gary McAlpin)
Ordinance 2008-48 Adopted w/changes - 5/0
C. This item continued from the Julv 22. 2008 BCC Meetinl!:.
Recommendation to repeal the Animal Control Ordinance (Ordinance No.
93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal
Control Ordinance, to strengthen the section pertaining to dangerous dogs, to
provide a uniform method for revision of fees, to provide for mandatory
spay/neuter of animals upon return to owner after impoundment, and to
more clearly define penalties, leash law, and the affidavit of complaint
process. (Amanda Townsend)
Ordinance 2008-51 Adopted w/change - 5/0
D. At the petitioner's reQuest. this item is continued from the Julv 22. 2008
BCC Meetinl!: and is further continued to the September 9. 2008 BCC
Meetinl!:. This item must be heard BEFORE item PUDZ-2006-AR-I0875
and reQuires that aU participants be sworn in and ex parte disclosure be
provided bv Commission members. PUDA-2007-AR-ll734 KRG 95l and
4l, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor and
Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette,
Coleman, and Johnson, P.A., is requesting an amendment to the Artesa
Pointe PUD to remove a +/- 0.88 acre parcel ofland and add it to the
proposed Tamiami Crossing CPUD abutting its northern boundary. The
subject property is located approximately 1/4 of a mile south of the
intersection of Collier Boulevard and US 4l, in Section 3, Township 5l
South, Range 26 East of Collier County, Florida. (Companion item to
PUDZ-2006-AR-l0875)
Ordinance 2008-49 Adopted - 5/0
E. At the petitioner's reQuest. this item is continued from the Julv 22. 2008
BCC Meetinl!: and is further continued to the September 9. 2008 BCC
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September 9-10, 2008
Meetinl!:. This item must be heard AFTER PUDA-2007-AR-11734 and
reQuires that aU participants be sworn in and ex parte disclosure be
provided by Commission members. Petition: PUDZ-2006-AR-l0875, Q
Grady Minor, representing KRG 95l and 4l, LLC, has submitted a PUD
rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the
A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial
Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit
Development (CPUD) zoning district. This is to allow development of
commercial land uses with a maximum of 235,000 square feet. The property
consists of +/- 25.45 acres and is located in Section 3, Township 5l South,
Range 26 East, Collier County, Florida. (Companion item to PUDA-2007-
AR-ll734)
Ordinance 2008-50 Adopted - 4/1 (Commissioner Coyle opposed)
Added
F.
Recommendation that the Board of County Commissioners approves an
amendment to Collier County's False Alarm Ordinance No. 97-8, as
amended, and proposed by the Collier County Sheriffs Office, to change
whether a deputy "shall" write a violation to "may", to change "attendance"
in a program to "participation", to clarify fines and violations and to change
Special "Master" to "Magistrate".
Ordinance 2008-52 Adopted as amended - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Planning Commission.
Resolution 2008-261: Re-appointing Donna Reed, Bradley Schiffer and
Mark Strain (w/waiver of term limits) - Adopted 5/0
B. Appointment of member to the Environmental Advisory Council.
Resolution 2008-262: Appointing Noah Standridge - Adopted 5/0
C. Recommendation to declare a vacancy on the Immokalee Master Plan and
Visioning Committee.
Resolution 2008-263 Adopted - 5/0
D. Appointment of members to the Emergency Medical Services Advisory
Council.
Resolution 2008-264: Appointing Michael Y. Wu and re-appointing
Victoria DiNardo and Confirming Appointments of Kathleen Marr,
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September 9-10, 2008
Deputy Chief Chris Byrne, Gail Dolan, Chief James McEvoy and
Commander Bill Rule - Adopted 5/0
E. Appointment of members to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2008-265: Appointing Thomas D. Oakley and Victoria
Nicklos - Adopted 5/0
F. Appointment of members to the Board of Building Adjustments and
Appeals.
Resolution 2008- 266: Appointing William Sylvester and John Melton -
Adopted 5/0
G. Recommendation to declare vacancy on the Development Services Advisory
Committee.
Resolution 2008-267 Adopted - 5/0
H. Appointment of members to the Public Vehicle Advisory Committee.
Resolution 2008-268: Appointing Tony Marino, RusseU Berghuis,
Steven Quinn and Ronald Doino - Adopted 5/0
I. Appointment of member to the Habitat Conservation Plan Ad-Hoc Advisory
Committee.
Resolution 2008-269: Appointing Jon C. Staiger - Adopted 5/0
J. Appointment of members to the Pelican Bay Services Division Board.
Resolution 2008- 270: Appointing Gerald A. Moffatt and Geoffrey Scott
Gibson - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners approve the
acquisition ofIndependent Certified Public Accountant services, in an
amount not to exceed $25,000, to determine if the Clerk is following the
Board's direction (Resolution 2007-257) regarding Board interest income.
(John Yonkosky)
Approved - 4/1 (Commissioner Henning opposed)
B. To report to the Collier County Board of County Commissioners concerning
the potential scale of a proposed Rental Registration refund of late fees in
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September 9-10, 2008
excess of eighty dollars ($80) for the period of Fiscal Years 2005 through
2007, and a recommendation for a potential refund methodology. (Joe
Schmitt, Gary Mullee)
Approved - 5/0
C. Requesting Board decision on local preference for Bid No. 08-5l 06 - "Santa
Barbara Boulevard Extension (Rattlesnake Hammock Road to Davis
Boulevard)", Project No. 6009l. (Steve Carnell, Jay Ahmad)
Motion to accept Astaldi Construction as a local business - Approved
5/0
D. Recommendation to approve plan for immediate and long term purchases of
systems furniture for various County facilities. (Steve Carnell)
Approved - 5/0
E. Recommendation that the Board of County Commissioners provide the
County Manager or his designee direction as to how to proceed regarding
the potential adverse impacts of the escalating foreclosures within the
unincorporated area of the county. (Joe Schmitt)
Motion to accept proposed rehabilitation plan by CDES Administrator
- Approved 5/0
F. Recommendation to approve an Agreement between Collier County and Dr.
Marta U. Coburn, M.D., Florida District Twenty Medical Examiner d/b/a
District Twenty Medical Examiner, Inc. to provide medical examiner
services for Fiscal Year 2009 at a cost of$l,085,000. (Dan Summers)
Approved - 5/0
G. Recommendation to adopt a resolution authorizing removal of ll,54l
ambulance service accounts and their respective account receivable balances
which total $7,986,828.72, from the general ledger of Collier County Fund
490 (Emergency Medical Services). Although the amount was recognized
and recorded as Bad Debt Expense during Fiscal Years 2004 and 2005, it
cannot be removed without Board adoption of an authorizing resolution.
(John Yonkosky, Jeff Page)
Resolution 2008-271 Adopted - 5/0
H. Recommendation to award Bid #08-506l "Golden Gate Parkway
(Livingston Road to 66th Street) and (60th Street to Santa Barbara Blvd.)
Roadway Grounds Maintenance" to Ground Zero Landscaping Services, Inc.
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September 9-10, 2008
in the amount of$4l,651.39. (Fund lll, Cost Center l6383l) (Steve
Carnell)
Approved - 3/2 (Commissioner Coyle and Commissioner Halas
opposed)
Moved from Item #16Al; to be heard no sooner than 3:00 p.m.
I. Recommend that the Board of County Commissioners authorize the
submittal of the attached HCP Planning Assistance Grant Proposal to the
USFWS via the Florida Fish and Wildlife Conservation Commission to
support the development of an HCP for the Immokalee Urban Area,
excluding the RLSA and authorize the Chairman to sign any additional
application forms or documents that may be required by the Florida Fish and
Wildlife Conservation Commission or the US Fish and Wildlife Service.
Motion to put on hold until next year's grant cycle - Approved 4/1
(Commissioner Halas opposed)
Moved from Item #16A5
J. Recommendation to execute a Quit Claim Deed as satisfaction for
subdivision improvements for various projects developed by Lely Estates
and Lely Development Corporation.
Remained on Consent Agenda as Item #16A5
Moved from Item #16F2 (K)
K. Request approval by the Board of County Commissioners to exceed the
$750,000 threshold of the annual Contract No. 06-3902 by $99,8l8. (Project
No. 195-905363.
Approved - 5/0
Moved from Item #16A16
L. Recommendation to review and approve the recommendation of the Public
Vehicle Advisory Committee (PV AC) to adopt a fuel surcharge relating to
taxi rates.
Resolution 2008-273 Adopted w/stipulations - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby l!:iven that
pursuant to Section 286.011(8). Fla. Stat.. the County Attorney desires
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September 9-10, 2008
advice from the Board of County Commissioners in Closed Attornev-
Client Session on TUESDAY. SEPTEMBER. 2008. at a time certain of
12:00 noon in the Commission Conference Room. 3rd Floor. W.
Harmon Turner Buildinl!:. Collier County Government Center. 3301
East Tamiami Trail. Naples. Florida. In addition to Board members,
County Manager James Mudd, County Attorney Jeffrey A. Klaztkow and
Assistant County Attorney Jacqueline Williams Hubbard will be in
attendance. The Board in executive session will discuss: Settlement
negotiations and strategy related to litigation expenditures in the pending
litigation case of Bonita Media Enterprises, LLC v. Collier County, Case
No. 2:07-CV-4ll-FTM-29DNF, now pending in the US Middle District
Court of Florida, Fort Myers Division, and Bonita Media Enterprises, LLC.,
Brennan, Manna & Diamond (Reg. Agent) v. Board of County
Commissioners, Collier County, Florida, Appeal Case No.: 07-2035-CA,
Lower Tribunal Case CEB No. 2007-35, now pending in the Administrative
Appeal Division of the Circuit Court.
Closed Session
B. This item to be heard at 1 :00 p.m. F or the Board of County
Commissioners to consider approving a Settlement Agreement in Bonita
Media Enterprises, LLC., v. Collier County Code Enforcement Board,
Collier County Board of County Commissioners, Case No: 2:07-cv-4ll-
FTM-29DNF, now pending in the United States District Court, Middle
District of Florida, Fort Myers Division and Bonita Media Enterprises,
LLC., Brennan, Manna & Diamond (Reg. Agent) v. Board of County
Commissioners, Collier County, Florida, Appeal Case No. 07-2035-CA,
Lower Tribunal CEB No. 2007-35, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida, in the Administrative Appeal
Division of the Circuit Court and authorize the Chairman to execute the
Settlement Agreement and authorize the appropriate budget amendment.
Motion to Approve Settlement Agreement for a period of 2 years -
Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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September 9-10, 2008
A. County Manager - Letter from City Manager of Marco Island
requesting a joint meeting with BCC
B. Commissioner Coletta - Discussion regarding variance for a permanent
EMS/Fire Station at Port of the Isles to place on next agenda; Concerns
regarding Planning Commission and other Advisory Boards concerns
regarding reimbursement for time and travel cost
C. Commissioner Halas - Review ordinance relating to the amount of time
a Boat/RV/Camper can be parked in yard. Suggested homeowner can
apply for a short variance without being in violation - Consensus
D. Commissioner Henning - Expressed enthusiasm for the selection of
Governor Sarah Palin as VP candidate
16. CONSENT AGENDA - AU 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 with Changes - 5/0 (Item #16A5 to remain on Consent)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Moved to Item #101
1) Recommend that the Board of County Commissioners authorize the
submittal of the attached HCP Planning Assistance Grant Proposal to
the USFWS via the Florida Fish and Wildlife Conservation
Commission to support the development of an HCP for the
Immokalee Urban Area, excluding the RLSA and authorize the
Chairman to sign any additional application forms or documents that
may be required by the Florida Fish and Wildlife Conservation
Commission or the US Fish and Wildlife Service.
2) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payments received.
Cost for recording is $10.00 per release, totaling $150.00
3) Recommendation that the Board of County Commissioners of Collier
County, Florida approve an agreement between Collier County and
the Economic Development Council of Collier County for
continuation of the Economic Diversification Program by providing a
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September 9-10, 2008
contribution to the EDC of up to $400;000 for Fiscal Year 2009, and
authorizing the Chairman of the Board of County Commissioners to
sign the agreement on behalf of Collier County.
Promoting economic development initiatives to provide economic
stability and diversity throughout Collier County
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for TIB Bank.
W /release of any Utilities Performance Security (UPS)
Moved to Item #10J - Remained on Consent Agenda
5) Recommendation to execute a Quit Claim Deed as satisfaction for
subdivision improvements for various projects developed by Lely
Estates and Lely Development Corporation.
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Fiddler's Creek Phase 2A,
Unit One. The roadway and drainage improvements will be privately
maintained by the Fiddler's Creek Community Development District.
Resolution 2008-241 and w/release of the maintenance security
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mustang Island II (Lely
Resort PUD) and the roadway and drainage improvements will be
privately maintained.
Resolution 2008-242 and w/release of the maintenance security
8) To accept final and unconditional conveyance of the water utility
facility for Avellino Isles.
W /release of any Utilities Performance Security (UPS)
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Fiddler's Creek Phase 2A,
Unit Three. The roadway and drainage improvements will be
privately maintained.
Resolution 2008-243 and w/release of the maintenance security
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Quarry Phase lA
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September 9-10, 2008
(Heritage Bay PUD) with the roadway and drainage improvements
being privately maintained.
Resolution 2008-244 and w/release of the maintenance security
11) Recommendation to approve final acceptance of the water and sewer
utility facilities for DaVinci Estates.
W/release of any Utilities Performance Security (UPS)
12) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Fiddler's Creek Phase 3,
Unit Two. The roadway and drainage improvements will be privately
maintained by the Fiddler's Creek Community Development District.
Resolution 2008-245 and w/release of the maintenance security
13) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Cedar Hammock - Unit 3
with the roadway and drainage improvements being privately
maintained.
Resolution 2008-246 and w/release of the maintenance security
14) Recommendation to approve final acceptance of the water and sewer
utility facilities for Bellagio at Fiddler's Creek.
W /release of any Utilities Performance Security (UPS)
15) Recommendation to approve final acceptance of the water and sewer
utility facilities for Majorca at Fiddler's Creek.
W /release of any Utilities Performance Security (UPS)
Moved to Item #10L
16) Recommendation to review and approve the recommendation of the
Public Vehicle Advisory Committee (PV AC) to adopt a fuel
surcharge relating to taxi rates.
17) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-ll.
Resolution 2008-247
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September 9-10, 2008
18) Recommendation to accept a proposed settlement agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County v. Joseph Hamilton, CEB
No. 2004-76, relating to property located at 206l 0 Tamiami Trail E.,
Collier County, Florida.
For a settlement amount of $5,683.40
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Easement Agreement for the purchase
of a perpetual road right-of-way, drainage, and utility easement which
is required for the Vanderbilt Beach Road Extension Project. Project
No. 60l68, Phase II (Fiscal Impact: Purchase price of $64,680 plus
recording and title insurance fees not to exceed $500).
For a 1.54 acre of property located at 107116th St. NE, Tract 125
2) Recommendation that the Board of County Commissioners approves a
Resolution authorizing its Chairman to execute a Local Agency
Program Agreement with the Florida Department of Transportation
(FDOT) in which Collier County will be reimbursed up to $448, 1 00
for landscaping and irrigation improvements on State Road 95l,
between the Jolly Bridge and McIlvane Bay. (FM#4l4534-l)
Resolution 2008-248
3) Recommendation to approve the sole source purchase of eight (8)
additional Wavetronix SS l25 HF count stations, as well as upgrading
nine (9) existing Wavetronix SSl05 count stations to Wavetronix
SSl25 HF count stations from Wavetronix in the amount of
$l54,864.00.
To measure real time and historic traffic demand on the County's
arterial and coUector roadways
4) Recommendation that the Board of County Commissioners approves a
Landscape Maintenance Agreement between Collier County, Florida,
and The Mercato LLP, for landscaping within rights-of-way on US 4l
North and Vanderbilt Beach Road.
The Mercato, LLP will be responsible for aU expenses associated
with the improvements and ongoing maintenance
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September 9-10, 2008
5) Recommendation to adopt a resolution requesting that the Florida
Department of Transportation Quitclaim to Collier County all that
portion of State Road S-953 (Bald Eagle Drive), former State Road
95l, Collier County, Florida, lying between former State Road 92
(San Marco Drive) on the south, and Marco Pass on the north, per
State of Florida Road Department Right of Way Map Section No.
(0303) 035l-250 for Road No. S-95l, and to approve an Interlocal
Agreement between Collier County and the City of Marco Island
transferring jurisdiction of said public road to the City of Marco
Island. Estimated fiscal impact: Approximately $35.50.
Resolution 2008-249
6) Recommendation to recognize and accept revenue for Collier Area
Transit bus shelters in the amount of $5,000 and to approve needed
budget amendments.
From Hoover Planning & Development Corporation
7) Recommendation to approve the submission of the attached Florida
Department of Transportation (FDOT) Intermodal Development
Program Application for FY20 l2/20 13 and 20 l3J20 l4.
8) Recommendation for the Board of County Commissioners to approve
budget amendments to reallocate and correct funding issues with
Pathways Project.
9) Recommendation that the Board of County Commissioners authorize
the Chairman of the Board of County Commissioners to sign an
easement instrument with the Board of Trustees of the Internal Trust
Fund of the State of Florida (hereafter, the State), for the existing
roadway bridges crossing the Cocohatchee River and one of its
tributaries on Vanderbilt Drive within the existing right-of-way.
10) Recommendation that the Board of County Commissioners approves a
Resolution authorizing a First Amendment to the Highway
Landscaping Installation and Maintenance Agreement with the
Florida Department of Transportation (FDOT), relating to the
Interstate 75/Golden Gate Parkway Interchange.
Resolution 2008-250
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September 9-10, 2008
C. PUBLIC UTILITIES
1) Recommendation to authorize submission of Amendment One (l) to
the State Revolving Fund Loan Agreement (DWllll040) through the
Florida Department of Environmental Protection (FDEP) for the
SCRWTP 20 MGD RO Wellfield Expansion, Project No. 708921.
2) Recommendation to authorize submission of the Drinking Water State
Revolving Fund Low-interest Construction Loan Agreement
DWllll OlO to the Florida Department of Environmental Protection
for the construction of Wells #34 and #37 and Pipeline Replacement
Project No. 70l582.
3) Recommendation to award Bid 08-5099 to Aerex Industries, Inc. for
the purchase of Reverse Osmosis Hardware Components in the
amount of$l62,065.00 for use at the North County Regional Water
Treatment Plant, Project Numbers 70094 and 70095.
4) Recommendation to authorize submission of Amendment One (1) to
the State Revolving Fund Loan Agreement (DWllll 030) through
the Florida Department of Environmental Protection (FDEP) for the
SCRWTP l2 MGD RO Plant Expansion, Project No. 700971.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Berjean
Augustin and Marie Claire Augustin (Owners) for deferral of lOO%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 6, Block 9, Naples Manor Addition, East
Naples.
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Hyppolite
Joseph and Mertha Joseph (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 32, Trail Ridge, East Naples.
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Roseline
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September 9-10, 2008
Nicolas (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot l30,
Trail Ridge, East Naples.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Remy
Chery and Ginette Gabriel (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot l37, Trail Ridge, East Naples.
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Luis G.
Payero Madera (Owner) for deferral of lOO% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot l67, Trail Ridge, East Naples.
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose
Fernando Cruz Leon and Marina Aguilar Sanchez (Owners) for
deferral of lOO% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 22, Block 6, Naples Manor Unit
l, East Naples.
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Agustin D.
Chavez Cruz and Maria G. Ramirez De Chavez (Owners) for deferral
of lOO% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 7, Block 9, Naples Manor
Addition, East Naples.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose M.
Pantoja and Yusleidys Pena (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 134, Trail Ridge, East Naples.
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Norberto
Chavarria Lezama and Beatris Adriana Ibarra (Owners) for deferral of
lOO% of Collier County impact fees for an owner-occupied affordable
Page 17
September 9-10, 2008
housing unit located at Lot 46, Liberty Landing, Immokalee.
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Pascual
Mateo Simon and Juana Vasquez Lopez (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 44, Liberty Landing, Immokalee.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ruben
Mandujano and Camila Martinez De Mandujano (Owners) for deferral
of lOO% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 43, Liberty Landing,
Immokalee.
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with
Cuauhtemoc Garcia Laurel and Jennifer Elizondo (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 45, Liberty Landing,
Immokalee.
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lucce S.
Exinor and Kettly Jean Charles (Owners) for deferral of lOO% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot l3l, Trail Ridge, East Naples.
14) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lurdes A.
Barajaz (Owner) for deferral of lOO% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 42, Trail
Ridge, East Naples.
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Irette
Augustin (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot l04,
Liberty Landing, Immokalee.
Page 18
September 9-10, 2008
16) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Nielida
Jaimes (Owner) for deferral of lOO% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 1 0 l,
Liberty Landing, Immokalee.
17) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marc
Raymond Calvaire and Orgette Odette Calvaire (Owners) for deferral
of lOO% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 28, Liberty Landing,
Immokalee.
18) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Rigoberto
Martinez and Maria Cristina Martinez (Owners) for deferral of lOO%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 98, Liberty Landing, Immokalee.
19) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Edgar M.
Galvan and Jaqueline Ramirez Mendoza (Owners) for deferral of
lOO% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot ll5, Liberty Landing, Immokalee.
20) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Leunique
Exantus (Owner) for deferral of lOO% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot l66,
Trail Ridge, East Naples.
21) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Amable
Mas Ponce De Leon and Elaine R. Alvarez Tauler (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot l32, Trail Ridge, East Naples.
22) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Djenie
Regis (Owner) for deferral of 100% of Collier County impact fees for
Page 19
September 9-10, 2008
an owner-occupied affordable housing unit located at Lot l03, Liberty
Landing, Immokalee.
23) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Aleon
D'Haiti and Amalise Aurice (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot l56, Trail Ridge, East Naples.
24) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Pedro
Rivera and Liset Cisnero (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 6, Block lO, Naples Manor Addition, East Naples.
25) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose
Lazaro Diaz and Marile Pajon (Owners) for deferral of lOO% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot l33, Trail Ridge, East Naples.
26) Recommendation to approve a budget amendment in the amount of
$7,260.00 to recognize additional revenue from the collection of co-
payments from the Collier County Social Services Program.
27) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing a Community Development Block Grant in the amount of
$75,336 to the City of Marco Island, for the construction of sidewalks
on Marco Island.
28) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Initiative Grant Agreement #08DB-D3-09-2l-0 l-A03
between the Florida Department of Community Affairs (DCA) and
Collier County.
29) Recommendation that the Board of County Commissioners approve,
and authorize the Chairman to sign, a grant agreement amendment
from the U.S. Department of Housing and Urban Development
Page 20
September 9-10, 2008
(HUD) to extend the contract period for a 2006 Supportive Housing
Agreement (FLl4B50-6002, ID #FLl4066) for St. Matthew's House.
30) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Supplemental Disaster Recovery Initiative (DR!) funding in
the amount of $300,000.00 to Immokalee Helping Our People in
Emergencies, Inc. (I HOPE), to fund the construction of two owner-
occupied, single-family homes to replace homes severely damaged by
Hurricane Wilma.
31) Recommendation that the Board of County Commissioners approves
and authorizes its chairman to sign a Florida Recreation Development
Assistance Program (FRDAP) Grant Agreement No. A09048 in the
amount of $l35,6ll for improvements to the Immokalee Sports
Complex and to approve all necessary Budget Amendments.
32) Recommendation for the Board of County Commissioners to approve
an agreement with the District School Board of Collier County for
transporting school-age recreation program participants.
33) Recommendation that the Board of County Commissioners approve a
request to apply for a Florida Recreation Development Assistance
Program Grant in the amount of $200,000 for improvements to
Vineyards Community Park.
34) Recommendation for the Board of County Commissioners to amend
previous years' Action Plans; authorize the reprogramming of
Department of the Housing and Urban Development (HUD) funds;
and authorize the Chairman to sign the notification to HUD of the use
of reprogrammed federal funds for the purchase, rehabilitation and
resale of foreclosed homes to income qualified individuals/families as
affordable housing.
35) Recommendation that the Board of County Commissioners approve,
and authorize the Chairman to sign, a Subrecipient Agreement with
Collier County Hunger and Homeless Coalition (CCHHC) for
$l 02, l54 in Continuum of Care funding to support their Homeless
computer system known as Homeless Management Information
Page 21
September 9-10, 2008
36)
37)
Withdrawn
38)
39)
40)
41)
System (HMIS).
Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with David
Cruz and Claudia V. Corrales (Owners) for deferral of lOO% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Vistas III at Heritage Bay, Unit l306, North Naples.
Recommendation that the Board of County Commissioners enter into
an Agreement with Heart of Adoptions Alliance, Inc. to authorize the
distribution offunds received from the sale of Choose Life license
plates and authorize the Chairman to execute said Agreement.
Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign an Agreement between Collier
County and VI Ltd., Limited Partnership, regarding professional
services that VI Ltd. will provide to Collier County for Collier County
beach amenities on Bluebill Avenue.
Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #07DB-3V-09-2l-0l-Z0l
between the Florida Department of Community Affairs (DCA) and
Collier County.
Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign the U.S. Department of Housing
and Urban Development (HUD) entitlement funding agreements for
Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), American Dream Downpayment Initiative
(ADm) and Emergency Shelter Grant (ESG) funds for FY 2008-
2009.
This item continued from the July 22. 2008 BCC Meetinl!:.
Recommendation to adopt a Resolution establishing the Collier
County Domestic Animal Services Fee Policy as of October l, 2008
and superseding resolutions 95-l 07, 95-l06, 93-404, and all other
resolutions establishing animal services-related fees.
Page 22
September 9-10, 2008
Resolution 2008-251
42) Recommendation to award Bid #08-5058 in the amount of$66,350 to
Marine Contracting Group, to replace the deck and pilings at
Cocohatchee River Park Marina.
43) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jean
Napoleon and Clairgimene Napoleon (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 37, Trail Ridge, East Naples.
44) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Pedro
Ulloa and Mercedes Ulloa (Owners) for deferral of lOO% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 40, Trail Ridge, East Naples.
45) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Robert
Luna Jr. and Ana Laura Galvan-Frias (Owners) for deferral of lOO%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot ll6, Liberty Landing, Immokalee.
46) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Velma
Vasquez (Owner) for deferral of lOO% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot lOO,
Liberty Landing, Immokalee.
47) Recommendation to approve a Sovereignty Submerged Lands Lease
Renewal and Modification Agreement with the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida at an
increased first year's rent of$l,l68.l1.
48) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
Page 23
September 9-10, 2008
FY08.
E. ADMINISTRATIVE SERVICES
1) Recommendation for the Board of County Commissioners to approve
Amendment #1 to Contract No. 07-4l51, "Annual Contract for Sale of
Baled Corrugated and White Goods" with Mike Anderson Hauling
Inc., to increase the tonnage price that the County receives for the
hauling of white goods from $67.00 per ton to $200.00 per ton and to
add a price adjustment clause.
2) Recommendation to approve a First Amendment to Lease Agreement
with Horseshoe Square Development, L.C., c/o Pelconcepts, Inc., for
the continued use of office space by EMS Administration at a first
year's renewal rent of$l42,605.70.
3) Recommendation to authorize a budget amendment to increase the
FY08 Fleet Management Fund (52l) and recognize revenues from
scrap metal sales in the amount of$45,000.
4) Report and ratify Property, Casualty, Worker's Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-l5 for the third quarter of FY
08.
5) Recommendation to approve a Budget Amendment to recognize and
appropriate Building Maintenance Special Service revenues totaling
$20 1 ,267 for reimbursement of personnel and operating expenses in
Fiscal Year 2008.
6) Recommendation to reject Bid #08-5002 "Pressure Cleaning".
7) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign the Collier County Government
Equal Employment Opportunity Plan.
8) Recommendation to authorize the Chairman to sign Modification No.
3 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement
No. 40l8l5J02l to fund habitat restoration at the Railhead Scrub
Page 24
September 9-10, 2008
Preserve in the amount of $l5,000.
9) Recommendation to adopt a resolution approving the 2009 Fiscal
Year Pay and Classification Plan, providing for a general wage
adjustment effective on October 1,2008 (the first day in Fiscal Year
2009) and also to continue authorizing the creation of new
classifications, modification and/or deletion of classifications and
assignment of pay ranges from the proposed 2009 Fiscal Year Pay and
Classification Plan, using the existing "Archer" point-factor job
evaluation system, subject to quarterly ratification by the Board of
County Commissioners.
Resolution 2008-252
10) Recommendation to approve change order #3 to work order #PBS-
FT-397l-07-l6 with Professional Building Systems (PBS) for the
Primary Data Center project in the amount of $28,762.
11) Approve August Changes to Contracts and Changes to Work Orders
Report.
12) Recommendation to approve a budget amendment to increase FY08
appropriations for motor fuel and associated revenues in Fleet
Management Fund (521) in the amount of$150,000.
13) Recommendation that the Board of County Commissioners authorize
the participation of two former Pelican Bay Services Division
employees in the Voluntary Separation Incentive Program, authorize
the Chairman to sign the enabling Resolution, and authorize the
County Manager to implement the program.
Resolution 2008-253
F. COUNTY MANAGER
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meetinl!: dated AUl!:ust 12. 2008)
a) Approve a budget amendment for $l24,000 to increase
budgeted revenues and expenses for the sale and purchase of
Page 25
September 9-10, 2008
aviation fuel at Immokalee Regional Airport.
b) Request the Board of County Commissioners approve the final
payment in the amount of$l2,l63.75 to Sunshine Pharmacy for
prescription medication to medically needy clients in the Social
Services Program.
c) Recommendation for the Board of County Commissioners of
Collier County, Florida, to authorize the Supervisor of
Elections to accept federal election activities funds subject to a
l5% matching contribution from the County.
d) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance
proceeds) to the Fiscal Year 2007-08 Adopted Budget.
(Resolution 2008-229; Approved by County Manager on
8/12/08 - ratified by BCC on 9/9/08)
e) Recommendation that the BCC approve a resolution to
establish a "No Parking" zone along the right-of-way on both
sides of Spanish Oaks Lane between Oakes Boulevard and
Tarpon Bay Boulevard.
(Resolution 2008-230; Approved by County Manager on
8/12/08 - ratified by BCC on 9/9/08)
f) Recommendation to award Bid No. 08-5l 05 to Howard
Technology Solutions for the installation of powered computer
mounting systems, including docking stations to provide
Mobile Data Terminal capability in Emergency Medical
Services' ambulances and command vehicles in the amount of
$50,692.00.
g) Recommendation to recognize fare-box revenues collected from
Aprilll, 2008 through August 4,2008 for Collier Area Transit
and to approve budget amendments.
h) Recommendation that the Board of County Commissioners
approves, and authorizes the Chairman to sign, an amended
funding agreement with the South Florida Water Management
District for an additional funding amount of $l 08,700 providing
Page 26
September 9-10, 2008
assistance with construction of the Freedom Park (a!k/a Gordon
River Water Quality Park).
i) Recommendation to recognize and appropriate $865,l21.00 of
the Federal Transit Administration (FTA) FY08 5307 grant
funds for preventative maintenance and ADA
Paratransi t/Planning.
j) Report and Ratify Staff-Approved Change Orders and Changes
to Work Orders to Board-Approved Contracts.
k) Proclamation designating the week of August 25th through
August 3l st, 2008 as Collier County Firefighter Appreciation
Week. To be accepted by Alison Morse of the MDA in BCC
Office; presentation by Chairman Henning.
2) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meetinl!: dated AUl!:ust 26. 2008)
a) Recommendation to award RFP No. 08-5022 "Annual Contract
for Right-of-Way Acquisition and Real Estate Related
Services" to HDR Engineering, Inc. Fiscal Impact: None.
b) Recommendation to approve an Agreement for a temporary
construction easement and other site modifications necessitated
for closure of one driveway and the modification to another
driveway at Mavrick House related to the expansion of Santa
Barbara Boulevard from Davis Boulevard to north of Golden
Gate Parkway. Project No. 6208l. Estimated fiscal impact:
$27,957.00.
c) Recommend approval of Change Order #l for Agreement with
Dia Monde to increase international tourism marketing
expenditures by $l6,000 for the balance of FY08 and authorize
the Chairman to execute Change Order #1.
d) Recommendation that the Collier County Board of County
Commissioners (BCC) ratify the Collier County Airport
Authority's approval of the attached Airport Authority
Page 27
September 9-10, 2008
Resolution No. 08-34 on August ll, 2008 required by the
United States Department of Agriculture (USDA) to apply for
and receive a Rural Business Enterprise Grant (RBEG).
e) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment in the amount of
$38, ll5 to fund engineering, surveying and ecological
consulting services for the extension of Runway 9J27 at the
Immokalee Regional Airport.
f) Recommendation that the Board of County Commissioners
approves, and authorizes the Chairman to sign a Sub-recipient
Agreement with Shelter for Abused Women and Children, Inc.,
for $l13,OOO in Continuum of Care funding to support the
shelter operations and supportive services.
g) Approve a budget amendment transferring $66,000 of General
Fund reserves to the Other General Administration cost center.
h) Recommendation that the Board of County Commissioners
accept and authorize its Chairman to sign an awarded Hazard
Mitigation Grant Agreement No. 09HM-6G-09-2l-0l-0l9
(75/25) for $58,750 from the Florida Division of Emergency
Management for the purpose of shoreline preservation at the
Isles of Capri Fire Station and to approve the associated budget
amendment.
i) Recommendation that the Board of County Commissioners
approve, and authorize the Chairman to sign, grant agreements
accepting two Continuum of Care Homeless Assistance grant
awards from the U.S. Department of Housing and Urban
Development (HUD) totaling $2l7,645; and approve the
associated budget amendments of $ll3,000 and $104,645
recognizing the funding associated with the two grant awards.
Duplicate: see Item #16Fl (E)
j) Recommendation to approve the proposed "No Parking" signs
on Spanish Oakes Lane at Oakes Neighborhood Park.
Moved to Item #10K
Page 28
September 9-10, 2008
k) Request approval by the Board of County Commissioners to
exceed the $750,000 threshold of the annual Contract No. 06-
3902 by $99,8l8. (Project No. 195-905363)
3) Recommendation to approve a Joint Project Agreement between the
State of Florida Department of Transportation and Collier County to
fund the purchase of OptiC om Receivers/Transmitters for use in
County Emergency Medical Services vehicles in the amount of
$75,000, together with a Resolution memorializing such approval.
Resolution 2008-254
4) Recommendation to authorize the County Attorney's Office to amend
Ordinance No. 98-ll4 in order to accurately reflect changes to the
Goodland/Horr's Island Fire Control District.
5) Recommendation that the Board approves prepayment of the
Caribbean Gardens Commercial Paper Loan in the amount of
$l,lOO,OOO.OO.
6) Recommendation that the Board approves Commercial Paper Loan
prepayments in the amount of$4,l2l,000.00.
7) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-255
8) Recommendation that the Board of County Commissioners Award
Bid #08-5085 in the amount of $79,660 for Pelican Bay Streetscape
Oakmont Parkway Irrigation to Stahlman-England Irrigation, Inc.
9) Recommendation to approve an Assistance to Firefighters Grant
Agreement from the Federal Emergency Management Agency for the
purchase of 30 Stair Chairs for Emergency Medical Services for a
total project cost of$62,850.00 and to approve a Budget Amendment
to recognize and appropriate the funds from FEMA.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Page 29
September 9-10, 2008
1) Recommendation to approve a Statutory Deed between the Collier
County Solid Waste Department and the Collier County Airport
Authority for l.O 1 acres for the Marco Island Executive Airport, at a
cost not to exceed $25.00.
2) Creation and adoption of an Employee Personnel Policy for Collier
County Community Redevelopment Agency (CRA) employees
working under the supervision of the CRA Executive Directors.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending a Retirement celebration for Sheriff Don Hunter on
Saturday, October 4, 2008, at the Naples Hilton. $45.00 to be paid
from Commissioner Halas' travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on July l7,
2008 at Carrabba's in Naples, FL. $l6.00 to be paid from
Commissioner Fiala's travel budget.
3) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Grand Opening of the City Furniture and Ashley
Furniture HomeStore Showrooms on July l8, 2008. $34.00 to be paid
from Commissioner Halas' travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Approve the cash payment option for a special assessment relating to
County owned property in the West Winterberry Assessment Area.
2) Recommend that the Board of County Commissioners Authorize the
Extension of the Tax Roll Before Completion of the Value
Page 30
September 9-10, 2008
Adjustment Board Hearings Pursuant to Section 197.323, F.S., and the
Tax Collector's Request.
3) Recommend that the Board of County Commissioners serve as the
Local Coordinating Unit of Government in the Florida Department of
Law Enforcement's Fiscal Year 2009 Edward Byrne Memorial,
Justice Assistance Grant (JAG) Program and designate the Sheriff as
the Official Applicant, Sheriffs Office Staff as Grant Financial and
Program Managers, ratify the approval of the Certificate of
Participation for 20th Year Funding and the 2009 JAG Grant
Application as "After-the-Fact", and authorize acceptance of awards
and associated budget amendments.
4) To obtain Board approval for disbursements for the period of July l2,
2008 through July l8, 2008 and for submission into the official
records of the Board.
5) To obtain Board approval for disbursements for the period of July 19,
2008 through July 25,2008 and for submission into the official
records of the Board.
6) To obtain Board approval for disbursements for the period of July 26,
2008 through August 0 l, 2008 and for submission into the official
records of the Board.
7) To obtain Board approval for disbursements for the period of August
2, 2008 through August 8, 2008 and for submission into the official
records of the Board.
8) To obtain Board approval for disbursements for the period of August
9,2008 through August l5, 2008 and for submission into the official
records of the Board.
9) To obtain Board approval for disbursements for the period of August
l6, 2008 through August 22, 2008 and for submission into the official
records of the Board.
10) To obtain Board approval for disbursements for the period of August
23, 2008 through August 29, 2008 and for submission into the official
Page 31
September 9-10, 2008
records ofthe Board.
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners approves
an exception to the current hiring freeze policy for general fund
positions and authorizes the County Attorney to advertise for and
replace a newly-vacated essential Assistant County Attorney
(Litigation) position.
2) Recommendation to adopt a Resolution approving the County
Attorney's Office Fiscal Year 2009 Pay and Classification Plan,
which is identical to the current approved plan, and to provide for a
general wage adjustment (Cost-of-Living), effective on October l,
2008, the first day of the Fiscal Year 2009.
Resolution 2008-256
3) Recommendation that the Board of County Commissioners approve a
Retention Agreement for legal services on an "as needed" basis with
the law firm of Nabors, Giblin & Nickerson, P.A., to meet County
Purchasing Policy contract update requirements.
4) Recommendation to approve a Stipulated Final Judgment in the total
amount of $l ,900.00 for Parcel No. 149 in the lawsuit styled Collier
County v. Virginia Fetch Titus, et at., Case No. 95-2863-CA. (Radio
Road Phase II Stormwater Outfall Swale Project No. 65033) (Fiscal
Impact $l ,000.00)
5) Recommendation to approve an Offer of Judgment and Stipulated
Final Judgment in the total amount of $ 32,420.50 for Parcel l50 in
the lawsuit styled Collier County v. TECH. Foundation, Inc., Case
No. 03-2499-CA. (Golden Gate Parkway Road Project #60027) (Fiscal
Impact $8,820.50)
6) Recommendation to approve the Stipulated Final Judgment in the
total amount of$85,520.00 for Parcell98RDUE in the lawsuit styled
Collier County v. Jose Munoz, et aI., Case No. 07-2823-CA. (Oil Well
Road Project No. 60044) (Fiscal Impact $29,220.00)
Page 32
September 9-10, 2008
7) Recommendation to approve the payment of costs of $5,000 to be
included in a Stipulated Final Judgment for Parcel2l4FEE in the
lawsuit styled Collier County v. Jose Munoz, et aI., Case No. 07-2823-
CA. (Oil Well Road Project No. 60044) (Fiscal Impact $5,000.00)
8) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for Agreed Order Taxing Attorney's Fees
and Costs relating to the dismissal of Parcels 1 02FEE and l02SE in
the condemnation action styled Collier County v. Meridian
Broadcasting, Inc., et aI., Case No. 08-1253-CA, Tree Farm Road
Project #60l71. (Fiscal Impact: $6,l31.50)
9) Recommendation to approve a Stipulated Final Judgment in the total
amount of $44,000.00 for Parcel 1 88RDUE in the lawsuit styled
Collier County v. Armando B. Yzaguirre. et aI., Case No. 07-2746-
CA. (Oil Well Road Project #60044) (Fiscal Impact $l7,200.00)
10) Recommendation that the Board of County Commissioners authorize
the release oflien in relation to the Code Enforcement Action entitled
Collier County vs. Jaime Gutierrez, Special Master Case No. 2005-
010437, relating to property located at l369 Hilltop Drive, Collier
County, Florida.
11) Recommendation to approve an Assumption Agreement substituting
the law firm of Hahn Loeser & Parks, LLP for the law firm of Garvin
& Tripp, P.A., in the Retention Agreement dated October 27,2004, as
amended and to authorize the Chairman to sign Consent to
Substitution of Counsel in the cases where Theodore L. Tripp, Jr., is
counsel of record.
12) Recommendation for the Board of County Commissioners to
Authorize the Filing of a Declaratory Relief Action with the Circuit
Court of the Twentieth Judicial Circuit relating to the matters involved
in the Bert Harris Act Claim served on the County by the owners of
the Hussey Property.
13) Recommendation to Authorize the County Attorney to File a Lawsuit
on Behalf of the Collier County Board of County Commissioners,
against Jessie C. Cervantez, Jr. and Hizarith Torres in County Court
Small Claims in and for Collier County, Florida, to Recover Damages
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September 9-10, 2008
in the Amount of$3,407.l6.
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $67,500.00 for Parcel No. 190RDUE in the lawsuit styled
Collier County v. Pablo Sardinas, et at., Case No. 07-2824-CA. (Oil
Well Road Project No. 60044) (Fiscal Impact $l9,000.00)
15) Recommendation to Authorize the County Attorney to File a Lawsuit
on behalf of the Collier County Board of County Commissioners,
against John Swasey in County Court Small Claims in and for Collier
County, Florida, to Recover Damages in the Amount of$2,908.60.
16) Recommendation to Authorize the County Attorney to File a Lawsuit
on behalf of the Collier County Board of County Commissioners,
against Alina M. Diaz in County Court Small Claims in and for
Collier County, Florida, to Recover Damages in the Amount of
$3,522.45.
17) Recommendation to Authorize the County Attorney to File a Lawsuit
on behalf of the Collier County Board of County Commissioners,
against the Entity Known as Naples Sunrise, Inc. in County Court
Small Claims in and for Collier County, Florida, to Recover Damages
in the Amount of$l,102.03.
18) Recommendation to Authorize the County Attorney to File a Lawsuit
on behalf of the Collier County Board of County Commissioners,
against Paul Vescio in County Court Small Claims in and for Collier
County, Florida, to Recover Damages in the Amount of$8,625.60.
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
Page 34
September 9-10, 2008
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, The City of Marco Island and the
City of Everglades City pursuant to Collier County Ordinance 2005-54, as
amended. Revenues are anticipated to be $l7,787, 1 00.
Resolution 2008-257 (District 1) and Resolution 2008-258 (District 2)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. This item continued
from the November 13.2007 BCC Meetinl!:. PUDA-2007-AR-ll283
Wing South, Inc., represented by Heidi Williams, AlCP ofQ. Grady Minor
and Associates, P.A., requesting an amendment of the ShadowWood
Planned Unit Development (PUD) Ordinance No. 82-49 to increase the
number of single family dwelling units from II units to a maximum of l6
units by deleting all of lO.3 acres from Commercial (Tract D) and adding it
to Private Air Park District (Tract C). l.98 acres from the Private Air Park
District (Tract C) shall be added to Single-family Residential (Tract B). The
additional 5 units would increase the overall maximum number of dwelling
units in the PUD from 569 to 574 units. The subject property is located
along the north side of Rattlesnake-Hammock Road, approximately one mile
west of Collier Boulevard (CR 951), northeast of the intersection of
Rattlesnake-Hammock Road and Skyway Drive, in Section 16, Township 50
South, Range 26 East, Collier County, Florida.
Ordinance 2008-43
C. This item reQuires that aU participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: RZ-2008-AR-
13209, Michael Corderrepresented by Michael Fernandez of Planning
Development Inc., is requesting a rezone from the Estates (E) Zoning
District to the Commercial Intermediate (C-3) Zoning District. The subject
property is located in Section 04, Township 49 South, Range 27 East, Collier
County, Florida.
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September 9-10, 2008
Ordinance 2008-44
D. This item reQuires that aU participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2008-AR-
l286l, Kevin Ratterree ofG.L. Homes of Naples II Corporation, represented
by Robert Duane, AICP of Hole Montes, Inc., requesting a PUD
Amendment to the Terafina PUD to make a minor change to Section 6.5,
Development Standards, of the PUD Ordinance to change the side yard
setbacks. The subject property is located in the Terafina PUD, Section l6,
Township 48, Range 26, Collier County, Florida.
Ordinance 2008-45
E. This item reQuires that aU participants be sworn in and ex parte
disclosure be provided by Commission members. AR-2008-CU-l2996,
Bob Annibale of Avis Budget Group requests a Conditional Use to permit
truck rentals within the C-4 Zoning District. The +0.98-acre subject property
is located at 1965 Tamiami Trail, in Section ll, Township 50, Range 25,
Collier County, Florida.
Resolution 2008-259
F. Recommendation that the Board of County Commissioners adopt an
Ordinance to amend Chapter 49 of the Collier County Code of Laws and
Ordinances in order to extend the sunset date ofthe Fee Payment Assistance
Program, the Property Tax Stimulus Program, the Job Creation Investment
Program and the Advanced Broadband Infrastructure Investment Program
from the current date of October l, 2008 to October I, 20 l3 in accordance
with the request by the Economic Development Council of Collier County
and prior direction of the Board of County Commissioners.
Ordinance 2008-46
G. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-260
18. ADJOURN
Motion to Adjourn - 4/0 (Commissioner Coyle 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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September 9-10, 2008