Recap 11/18/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
November 18,2008
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 (Absent)
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 PRESENT A TION 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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November 18, 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
B. Swearing-In Ceremony for Commissioners Fiala, Henning, and Coletta by
The Honorable Judge Hugh Hayes
Sworn in
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 4/0
B. October 8,2008 - BCC/PUD Audit Workshop
Approved as presented - 4/0
C. October 14/15,2008 - BCC/Regular Meeting
Approved as presented - 4/0
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November 18, 2008
D. October 17,2008 - Value Adjustment Board Special Magistrate Gerald
Lagace
Approved as presented - 4/0
E. October 17,2008 - Value Adjustment Board Special Magistrate Davia
Mazur
Approved as presented - 4/0
F. October 23,2008 - Value Adjustment Board Special Magistrate Scott
Watson
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards:
1) 20-Year Recipient: Cherryle Thomas - Immokalee Beautification
MSTU Advisory Committee
Presented
4. PROCLAMATIONS
A. Proclamation recognizing the Golden Gate High School JROTC program
honoring staff and cadets for their contribution to the community. To be
accepted by Paul Garrah, Lieutenant Colonel (Ret) United States Army,
Senior Army JROTC Instructor, Golden Gate High School.
Adopted - 4/0
B. Proclamation designating December I - 5, 2008 as Employee Learning
Week. To be accepted by Charles W. Ingram, Vice President - Community
Outreach, ASTD Southwest Florida Chapter.
Adopted - 4/0
C. Proclamation designating November 23rd through the 29th as Farm-City
Week. To be accepted by Bart Zino and Cyndee Woolley, Co-Chairs of the
Farm City BBQ.
Adopted - 4/0
D. Proclamation designating November, 2008 as American Diabetes Month. To
be accepted by Irene Williams, Chairman of the Black Affairs Advisory
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November 18, 2008
Board and various members of the Board and health care community.
Adopted - 4/0
E. Proclamation recognizing Chief Bob Schank for his lifetime career of
serving Collier County. To be accepted by Chief Bob Schank.
Adopted - 4/0
5. PRESENT A TIONS
A. Recommendation to recognize Haris Domond, Technician, Traffic
Operations Department, as Employee of the Month for October 2008.
Presented
B. The Board of County Commissioners is pleased to present Mediterra Golf
Course Operations the Waste Reduction Awards Program, the WRAP
award, for contributing to the greater good of all of Collier County by being
a green company, thereby helping to prolong the usable life of the Collier
County Landfill.
Presented
C. Presentation by Ms. Marta Alfonso, CPA, Rachlin LLP Accountants,
regarding the status of the Board authorized audit of financial records
concerning interest income.
County Attorney notice of a closed attorney-client session that
will be held in the Commission Conference Room at a time certain of
12:00 Noon at the December 2, 2008 BCC Meeting; Commissioner Fiala
stated that she would volunteer to attend the auditor's review and for
her assistant to clear her calendar and County Manager to contact the
Clerk
6. PUBLIC PETITIONS
A. Public petition request by Antonio Almodovar to discuss refund of water and
sewer impact fees.
Commissioner Coletta requests a staff report on this item from Public
Utilities
B. Public petition request by Jose Armando and Maria Cabrera to discuss
"Shopping Center" within a PUD.
Bring back to the December 16, 2008 BCC Meeting - Approved 4/0
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November 18,2008
C. This item continued from the October 28, 2008 BCC Meetinl!. Public
petition request by Kenny Brown to discuss a resolution supporting relieffor
local businesses.
Discussed w/Item #9A
Continued to the December 2, 2008 BCC Meeting
D. Public petition request by Jamesdon Stevens to discuss bid process for
Solicitation Number 08-5123.
E. Public petition request by Burton Eisenbud to discuss ordinances affecting
small businesses.
Discussed
Withdrawn
F. Public petition request by Eddie Lagace to discuss reinstatement of
Contractor's License.
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. This item continued from the October 28, 2008 BCC Meetinl!.
Resolution supporting local camping businesses to compete in the bidding
process with the National Park Service in Big Cypress Preserve National
Park. Companion with Item #6C, Public Petition for Kenny Brown.
(Commissioner Coletta's request)
Motion to deny resolution - Approved 2/1 (Commissioner Coletta
opposed and Commissioner Halas absent)
B. Appointment of members to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2008-339: Appointing Charles Arthur and Alvin D. Martin,
Jr. - Adopted 3/0 (Commissioner Halas absent)
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November 18, 2008
C. Appointment of members to the Pelican Bay Services Division Board.
Resolution 2008-338: Appointing Hunter H. Hansen (Commercial) and
Theodore S. Gravenhorst (Residential) - Adopted 4/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, in support of the Amendment of
the Florida Statutes to require election of the Governing Boards of the
Florida Water Management Districts rather than by Governor Appointment.
(Debbie Wight, Assistant to the County Manager)
Resolution 2008-340 - Adopted 3/0 (Commissioner Halas absent)
Time Certain at 11 :30 a.m.
B. This item continued from the October 28, 2008 BCC Meetinl!.
Recommendation to approve an amended and restated US41 Developers
consortium (Consortium) Developer Contribution Agreement (DCA),
recorded in O.R. Book 4303, Page 2349. (CTS). Due to the size of Exhibit I
and 2, copies are available at the County Manager's Office. (Nick
Casalanguida, Transportation Planning Director)
Motion to approve staff's recommendations - Approved 3/1
(Commissioner Henning opposed)
C. Recommendation that the Board of County Commissioners accept the Fiscal
Year 2008 Grant Report providing an annual update of grant funding
activity. (Len Price, Administrative Services Administrator)
Motion to approve report - Approved 3/0 (Commissioner Halas absent)
D. Request Board direction on purchasing furnishings for the South Regional
Library. (Marla Ramsey, Public Services Administrator)
Motion to use Option #1 - Approved 3/0 (Commissioner Halas absent)
E. This item to be heard at 11 :00 a.m. This item is a companion to Item
#10F. Recommendation to approve an Agreement for Sale and Purchase
with Lake Trafford Ranch LLLP, Florida limited liability limited partnership
for 2,511.90 acres under the Conservation Collier Land Acquisition Program
at a cost not to exceed $33,328,400, and name resulting acquisition Pepper
Ranch Preserve (Alex Sulecki, Conservation Collier)
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November 18, 2008
Agreement for Sale and Purchase approved w/stipulations - 3/1
(Commissioner Henning opposed)
F. This item is a companion to Item #10E and to be heard followinl! Item
#10E. Recommendation to award a Request for Commitment (RFC) and
adopt a Resolution authorizing the issuance of a Limited General Obligation
Bond (Conservation Collier Program) in an amount not exceeding
$21,000,000 to finance the acquisition of environmentally sensitive land
(Pepper Ranch); accepting a proposal from SunTrust Equipment Financing
& Leasing Corp. to provide the County with a loan to finance the acquisition
of the environmentally sensitive land; authorizing the execution of a bond to
evidence such borrowing; authorizing the bond to be payable from ad
valorem taxation to be levied in an amount not to exceed one-quarter of a
mil on all taxable property within the County; making certain covenants and
agreements with respect to the bond; delegating certain authority to the
Chairman and other Officers of the County; appointing the County as paying
agent and registrar for the bond; authorizing the execution and delivery of
such other documents as may be necessary to effect such borrowing; and
providing an effective date. (John Yonkosky, Office of Management and
Budget Director)
Resolution 2008-337 Adopted - 4/0
G. Recommendation that the Board of County Commissioners approves the
attached resolution and a procedure allowing for reimbursement of fuel
mileage expenses in excess of 20 miles round trip for Advisory Board
Members. (Len Price, Administrative Services Administrator)
Resolution 2008-341 Adopted - 3/0 (Commissioner Halas absent)
Withdrawn
H. Recommendation for the Board of County Commissioners (Board) to
provide the County Manager or his designee with guidance on making an
offer for the Conservation Collier A-List Hamilton property at a reduced sale
offer made by the owner of $1 ,913,000 and to accept Conservation Collier
Land Acquisition Advisory Committee (CCLAAC) recommendations
regarding existing structures. (Alex Sulecki, Conservation Collier)
I. This item to be heard at 1:00 p.m. and after Item #12B. Recommend the
Board of County Commissioners (Board) provide direction to staff
concerning the use of excess turn back from the Constitutional Officers.
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November 18, 2008
(John Yonkosky, Office of Management and Budget Director)
Motion to approve the amended spreadsheet - Approved 4/0
J. Presentation to the Board of County Commissioners to provide an annual
update and comparison of the local area housing market and the status of
current affordable housing programs, funding amounts and assistance
strategies. (Marcy Krumbine, Housing and Human Services Director)
Motion to continue item to the next BCC Meeting - Approved 3/0
K. Recommend approval from the Board of County Commissioners to purchase
the Port of the Islands Marina excluding the 140 boat slips for $5,488,000
which includes $4,750,000 cash at closing and a $738,000 seller property
donation. (Gary McAlpin, Coastal Zone Management Director)
Approve staffs recommendations in an amount not to exceed $4,750,000
Approved 3/0 (Commissioner Halas absent)
Moved from Item #16A16 (Commissioner Coletta's request)
L. Recommendation that the Board of County Commissioners authorize staff to
revise the Public Vehicle for Hire Ordinance 2006-59 to remove
redundancies, correct flaws, simplify, and generally update the ordinance.
Approved - 3/0 (Commissioner Halas absent)
Moved from Item #16D21 (Commissioner Henning's request)
M. Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign the Interlocal Agreement between Collier
County and the City of Naples Regarding Parks and Recreation in the sum of
$1,000,000 per annum.
Approved - 3/0 (Commissioner Halas absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
- None registered
12. COUNTY ATTORNEY'S REPORT
A. This item continued from the October 28, 2008 BCC Meetinl!. This item
to be heard at 12:00 noon. Notice is herebv l!iven that pursuant to
Section 286.011(8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, NOVEMBER 18, 2008, at a time certain of 12:00 noon in
the Commission conference room, 3rd Floor, W. Harmon Turner
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November 18, 2008
Buildinl!, Collier County Government Center, 3301 East Tamiami Trail,
Naples, Florida. In addition to Board members, County Manager James
Mudd, County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
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 Jerry and Kimberlea Blocker v.
Collier County, et aI., Case No. 08-0066-CA, now pending in the Twentieth
Judicial Circuit in and for Collier County, Florida.
Closed Session
B. This item continued from the October 28, 2008 BCC Meetinl!. This item
to be heard at 1:00 p.m. For the Board of County Commissioners to
provide direction to the County Attorney regarding settlement negotiations
and strategy related to litigation expenditures in the pending litigation case
of Jerry and Kimberlea Blocker v. Collier County, et aI., Case No. 08-0066-
CA, now pending in the Twentieth Judicial Circuit in and for Collier
County, Florida.
Motion to make a settlement offer with condition to restore the property
back to original condition - Approved 3/1 (Commissioner Henning
opposed)
C. This item to be heard at 2:00 p.m. Request that the Board of County
Commissioners provide direction concerning an application for a right-of-
way permit submitted by Imperial Golf Estates Homeowners Association, to
allow construction of an access road solely for emergency purposes, between
Imperial Golf Estates and Palm River Estates subdivisions, as required by
County Ordinance No. 87-55.
Board finds a scrivener's error in the ordinance and the ordinance
needs to be repealed to allow access for provision "W" - Approved 4/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mudd - On excess turnback dollars to be used for landscaping: which 2 of
the 3 projects to do and/or to just do median improvements (Transportation
Department to bring back options)
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November 18, 2008
B. Mudd - To let Commissioner Fiala know about her audit review
participation
C. Mudd - Collier TV on December 16th will be on cable channel 97, City of
Naples will be on cable channel 98, and the Community Channel will be on
cable channel 99
D. Coletta - Lady in Immokalee that transports migrant workers that parks
illegally will be at the BCC meeting of 12/2 to discuss the issue and the
County will hold off Code Enforcement until that time - Consensus
E. Coletta - National Park Service has been placing no parking signs on
county roads - needs staff to check out the issue and bring back a report
F. Coletta - Not interested in listening to the Naples City Council meeting
G. Henning - Public petitioners to work w/commissioner of their district to
help resolve issues
H. Henning - RLSA review needs to go to the advisory boards - CCPC, EAC,
and RLSA to have joint workshop before bringing the review to the BCC
I. Henning - Free Speech
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted w/changes - 4/0 (Commissioner Coyle - Excused)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Torino Lot 37 Replat.
Developer must receive a Certificate of Adequate Public Facilities
prior to recording
2) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinf! be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Torino Lot 55 Replat
Developer must receive a Certificate of Adequate Public Facilities
prior to recording
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November 18, 2008
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Christ Community Lutheran School.
W /release of any Utilities Performance Security (UPS)
4) To accept final and unconditional conveyance of the water utility
facility for Verona Walk Town Center.
W /release of any Utilities Performance Security (UPS)
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terrabella of Pelican Marsh.
W /release of any Utilities Performance Security (UPS)
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Caldecott.
W /release of any Utilities Performance Security (UPS)
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terrabella of Pelican Marsh, Unit One.
W/release ofany Utilities Performance Security (UPS)
8) Recommendation to approve final acceptance of the water and sewer
utility facilities for Terranova at Pelican Marsh, Unit One.
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 Delasol Phase Two
(Madiera PUD), the roadway and drainage improvements will be
privately maintained.
Resolution 2008-327: W/release of maintenance security
10) Recommendation to grant final approval of the roadway (private) and
potable water irnprovements for the final plat of Sabal Bay
Commercial Plat Phase Three with the roadway improvements being
privately maintained. Collier County has previously accepted the
potable water improvements for maintenance.
Resolution 2008-328: W /release of maintenance security
11) This item reQuires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Board of County Commissioners
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November 18, 2008
.'-'--"-'.--
designating 5,259.0 acres in the Rural Land Stewardship Area Zoning
Overlay District as a Stewardship Sending Area with a designation as
CLH and CDC SSA 15; subject to the terms set forth in the Escrow
Agreement for CLH and CDC SSA 15, Stewardship Sending Area
Credit Agreement for CLH and CDC SSA 15, and Stewardship
Easernent Agreement for CLH and CDC SSA 15 approving a
Stewardship Sending Area Credit Agreement for CLH and CDC SSA
15; approving a Stewardship Easement Agreement for CLH and CDC
SSA 15 approving an Escrow Agreement for CLH and CDC SSA 15;
and establishing the number of Stewardship Credits generated by the
designation of said Stewardship Sending Area.
Resolution 2008-329
12) This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Commissioners designating
2,876.2 acres in the Rural Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area with a designation as CDC
SSA 16; pursuant to the terms set forth in the Escrow Agreement for
CDC SSA 16, Stewardship Sending Area Credit Agreement for CDC
SSA 16; and Stewardship Sending Area Easement Agreement for
CDC SSA 16; approving a Stewardship Sending Area Credit
Agreement for CDC SSA 16; Approving A Stewardship Sending Area
Easement Agreement For CDC SSA 16; approving an Escrow
Agreement for CDC SSA 16; and establishing the number of
Stewardship Credits Generated by the designation of said Stewardship
Sending Area.
Resolution 2008-330
13) This item requires that all participants be sworn in and ex parte
disclosure be provided by commission members. A Resolution of
the Collier County Board of County Commissioners designating
1,713.5 Acres in the Rural Land Stewardship Area Zoning Overlay
District as a Stewardship Sending Area with a designation as CLH
SSA 14; pursuant to the terms set forth in the Escrow Agreement,
Stewardship Sending Area Credit Agreement for CLH SSA 14, and
Stewardship Easement Agreement for CLH SSA 14; approving a
stewardship Sending Area Credit Agreement for SSA 14; approving a
Stewardship Easement Agreement for CLH SSA 14; approving an
Escrow Agreement for CLH SSA 14; and establishing the number of
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November 18, 2008
stewardship credits generated by the designation of said Stewardship
Sending Area.
Resolution 2008-331
14) That the Board of County Commissioners (Board) approves a
proposal from the Florida Department of Environmental Protection to
split the payment of the applicable fees into two separate payments for
all plan review, approval and field inspections for DEP Project
#60663, Collier Seminole State Park Campground Improvements.
To renovate roadways, campsite locations, sewer services to 80
campsites, and water service to 99 campsites
15) Recommendation that the Board of County Cornmissioners approve
an Advanced Broadband Infrastructure Investment Program
Agreement with PACE Center for Girls, Inc. consistent with the
provisions of the Advanced Broadband Infrastructure Investment
Program and the entities approved incentive application.
For installation of broadband infrastructure at their new facility
at 160 North 1st Street in Immokalee
Moved to Item #10L
16) Recommendation that the Board of County Commissioners authorize
staff to revise the Public Vehicle for Hire Ordinance 2006-59 to
remove redundancies, correct flaws, simplify, and generally update
the ordinance.
17) Recommendation to approve the Release and Satisfaction of a Code
Enforcement Lien, acknowledging compliance and recovery of fines
and fees related to prosecution of Code Enforcement matters.
Recording cost is $10.00
B. TRANSPORTATION SERVICES
1) Recommendation to approve a one year traffic reservation extension
associated with the approval of the Traffic Impact Statement
submitted with the Enterprise Road Facility SOP AR #12258.
For a 42,000 square foot office/manufacturing/storage facility
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November 18, 2008
2) Recommendation to approve the October 2008 Collier County Transit
Development Plan Annual Progress Report.
To receive State Block Grant Funds
3) Recommendation for the Board of County Commissioners to approve
a budget amendment recognizing additional year ending fiscal year
2008 carry forward within Rock Road MSTU Fund (165) in the
amount of $10,300 to improve limerock roads.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners approve
amendments to the Florida Innovative Waste Reduction and
Recycling Grant Collier County Seasonal and Year Round Business
How to Recycle Videos grant agreement #IG8-09 from the Florida
Department of Environrnental Protection.
Changes include: recognizing current Chairman's signature,
changing the name to recognize the new FDEP Grant Manager
and extending the final payment request date to October 31, 2009
2) Recommendation that the Board of County Comrnissioners approve
amendments to the Florida Innovative Waste Reduction and
Recycling Grant School Beverage Container Recycling Challenge
Program grant agreement #IG8-07 from the Florida Department of
Environmental Protection.
Changes include: recognizing current Chairman's signature,
changing the name to recognize the new FDEP Grant Manager
and extending the final payment request date to October 31,2009
3) Recommendation to authorize refund of water and wastewater impact
fees on permit #2008020167 for Tropical Smoothie Cafe to Phillip T.
Woodhouse in the amount of$3,669.43, in accordance with direction
by the Collier County Board of County Commissioners on September
9,2008, Item #6B.
4) To Award RFP No. 08-5063R for Annual Contract for Analytical
Laboratory Services to Pace Analytical Services, Genapure Analytical
Services for Wastewater, Pollution Control & Water Departments
with Southern Analytical Laboratories as back up for the Water
Department.
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November 18, 2008
For compliance with FDEP permits, Growth Management Plan
requirements and existing SFWMD contracts
5) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
revisions to Florida Administrative Code Chapters 40E-2 and 40E-24
(Year-Round Landscape Irrigation Rule).
As detailed in the Executive Summary
6) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
creation of Florida Administrative Code Chapter 40E-1 0 (Picayune
Strand Reservation).
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $72,231.00 Housing and Urban Development (HUD)
grant to The City of Marco Island for the installation of sidewalks.
For 1235 linear square feet along 5th Avenue
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign Amendment No. I with the
FWCC, Derelict Vessel Removal (FBIP) Grant Contact No. 07-071,
that will provide grant funds in the amount of $80,000.
For staff time, equipment, gas and any additional items required
for this project
3) Recommendation for the Board of County Commissioners to approve
the Neighborhood Stabilization Program (NSP) amendment to the
2008-09 HUD One Year Action Plan and authorize the Chairman to
sign the necessary certifications and docurnents to submit the
document to Housing and Urban Development (HUD) by December
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November 18, 2008
1,2008.
To provide emergency assistance for the redevelopment of
abandoned and foreclosed homes
4) Recomrnendation that the Board of County Commissioners approve
an after-the-fact submittal of the Continuum of Care (CoC) Grant
application to the U.S. Department of Housing and Urban
Development (HUD) for a program assisting and benefiting the
homeless population in Collier County in the amount of$761,753.
Assisting programs sponsored by: Collier County Hunger &
Homeless Coalition, Inc., Shelter for Abused Women & Children,
Inc., Saint Matthew's House, Inc., Immokalee Friendship House
and National Alliance on Mental Illness
5) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $6,336 State of Florida, Department of Children and
Families, Challenge Grant to The National Alliance on Mental Illness
(NAMI) for homeless assistance.
For homeless individuals to participate in group activities, receive
financial support, psychiatric evaluations, medications, eye glasses
and dental work
6) Recommendation that the Board of County Comrnissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $38,496 State of Florida, Department of Children and
Families Challenge grant to Collier County Hunger and Homeless
Coalition to support and maintain the Homeless Management
Information System.
To provide equipment, software, personnel, rent and operational
costs
7) Recommend approval by the Board of County Commissioners of
Amendrnent No.3 to the attached FDEP Cost Share Contract #05COI
for the construction and monitoring of the City of Naples/Collier
County Beach Renourishment Project No. 905271.
Providing state funding to perform required beach and biological
monitoring for the FY2008 and FY2009
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November 18,2008
8) Recommendation that the Board of County Cornmissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $115,849.00 Housing and Urban Development (HUD)
grant to The City of Naples for neighborhood improvements such as
street parking, landscaping and irrigation.
For the River Park Neighborhood between 10th and 11 th Street
North
9) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign the FY 2008-09 agreement with
the David Lawrence Mental Health Center, Inc. in the amount of
$1,055,778.
Providing for behavioral health and substance abuse programs
10) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an agreement with the State of
Florida, Department of Children and Families accepting a Challenge
Grant in the amount of$96,000; and authorize any necessary budget
amendments associated with this action.
To fund four sub-recipients: Saint Matthew's House, The Shelter
for Abused Women and Children, National Alliance on Mental
Illness and the Collier County Hunger and Homeless Coalition
11) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $10,272 State of Florida, Department of Children and
Families, Challenge Grant to Saint Matthews House to provide
transportation for Collier County's homeless population.
For the purchase of bus passes and expenses related to the
operation and maintenance of an existing van
12) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $40,896 State of Florida, Department of Children and
Families, Challenge Grant to The Shelter for Abused Women and
Children to partially fund two salaries for Case Managers.
13) Recornmendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Page 17
November 18, 2008
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 65, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
14) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 66, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
15) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 67, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
16) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 68, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
17) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Humanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 69, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
18) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
Hurnanity of Collier County, Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 70, Trail Ridge, East Naples.
Impact fee deferral in the amount of $22,325.96
Page 18
November 18,2008
19) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY09.
20) Recommendation that the Board of County Cornmissioners approves
submittal of a State of Florida Department of Transportation (FDOT)
Transportation Enhancement Program (TEP) grant application to the
Collier County Metropolitan Planning Organization (MPO) for the
construction of the Gordon River Greenway Park in the amount of
$400,000.
To enhance provisions of facilities, provide safety and educational
activities, landscape and other scenic beautification for
pedestrians and bicyclists
Moved to Item #10M
21) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Interlocal Agreement between
Collier County and the City of Naples Regarding Parks and
Recreation in the sum of $1 ,000,000 per annum.
22) Recommendation that the Board of County Commissioners awards
bid #08-5129 to Sea Tow in an amount not to exceed $100,000 for the
removal of derelict vessels.
23) Recommendation to approve the Assumption Agreement under
Contract No. 00-3168 Barefoot Beach Concession Agreement from
Recreational Facilities of America, Inc. by Steven R. Banks d/b/a
Barefoot Beach Rentals and to ratify two (2) previous renewals of that
Agreement.
Due to the purchase of Recreational Facilities of America by
Barefoot Beach Rental
24) Approve Change Order No.1 to File No. DRI 05-06 with Inspired
Woodworking for Project #4984 23RD Court SW, Naples, Florida
(Folio No. 36110800009) and Ratify Prior and Future Project
Expenditures.
Due to unanticipated mold damage caused by Hurricane Wilma
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November 18, 2008
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the renewal of the Group Life, Long
Term Disability, and Short Term Disability Insurance programs with
Sun Life Assurance Company of Canada effective January 1,2009 at
the current rates, coverage terms and conditions.
Rates are guaranteed for 24 months starting January 1, 2009
through December 31, 2010
2) Recomrnendation to award Bid No. 08-5110, "Portable Toilet
Rentals" to United Site Services of Florida, Inc. as the primary and
Ron's Jons Porta Potty Rentals as the secondary for portable toilet
rental services for an estimated annual amount of $45,000.
To be used at various County facilities and County-sponsored
events
3) Recommendation to approve the Second Amendrnent to the Express
Scripts, Inc. Prescription Drug Program Agreement to provide
Pharmacy Benefit Management Services to the Collier County Group
Health Insurance Plan.
To purchase medications at rates which are below average
wholesale rates
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of September 23, 2008 through October 23, 2008
5) Recommendation that the Board of County Commissioners award
RFP #08-5100, Annual Contract for All Collier County Printing and
Copying Services to various printers in the estimated annual amount
of $400,000. Also approve the Collier County Graphics Standards
manual.
Firms include: Cecil's Copy Express, Naples Print Source, Naples
Printing, Intech Printing and Prestige Printing
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving arnendments
(appropriating grants, donations, contributions or insurance proceeds)
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November 18, 2008
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-332
2) Recommendation that the Board of County Commissioners approve
and authorize its Chairman to sign a representation agreement
between Collier County and OMMAC, Ltd. for international
marketing representation services in FY 09 in the amount of
$200,000.
For tourism marketing in the United Kingdom and Ireland
3) Approve a budget amendment to increase the budget for
unemployment compensation expenses by $315,000.
For invoices from the State to cover actual unemployment
expenditures incurred by the State on behalf of the County
4) Approval of a budget amendment pursuant to Board of County
Commission direction on Septernber 23, 2008 reducing by $60,000
the Clerk of Court transfer which provided funding for attendance by
the Clerk of Court at Board of County Commission meetings.
5) Approve Budget Amendments.
To improve Iimerock roads within the Rock Road MSTU
improvement district
6) Recornmendation that the Board of County Commissioners approve a
budget amendment reimbursing the Court IT Fee Fund (178)
$241,303.37 from General Fund (001) reserves to replace restricted
funds transferred to the General Fund.
To cover a $2 fee on certain documents recorded in the Official
Records
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
approve the purchase oftwo residential (mobile home) lots in the
Bayshore area of the CRA as part of a CRA residential infilI 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$90,000 plus cost and expenses to complete the sale of
Page 21
November 18, 2008
Withdrawn
5)
subject property contingent upon review and approval of the
Agreement for legal sufficiency by the County Attorney's Office. Site
address: 3029 & 3037 Lunar St. ($90,000).
As part of the Neighborhood Focus Initiative
2)
Recommendation for the Cornmunity Redevelopment Agency to
approve the purchase of a residential property located in the Bayshore
Gateway Triangle Area; waive the requirement for an appraisal;
authorize the CRA Chairman to execute the real estate contract;
approve payment from Fund (187) and authorize the Executive
Director to make payment in the amount of$99,000 plus cost and
expenses to complete the sale of subject property; and authorize the
demolition of the site structures after closing. Site address: 2515
Becca A venue ($99,000)(David Jackson, Executive Director,
Bayshore Gateway Triangle CRA)
As part of the Neighborhood Focus Initiative
3)
Recommendation for the Collier Community Redevelopment Agency
(CRA) Board to authorize the Bayshore Gateway Triangle CRA
Executive Director to serve as the Special District Registered Agent
for the Collier County CRA.
The representative is the longest serving senior executive to be
named each fiscal year (David Jackson)
4)
Approve an Agreement for Sale and Purchase to provide for the
purchase of2.73 acres ofland to relocate the vehicle and aircraft
parking at the Marco Island Executive Airport at a cost not to exceed
$260,000.
Needed for the construction of a parallel taxiway that will
decrease the current available aircraft parking
Recommendation to the Community Redevelopment Agency to
approve Change Order No.1 to Contract No. 08-5073 with RW A, Inc.
for the Immokalee Master Plan and Related Services and approve a
$165,500 Budget Amendment sufficient appropriation to fund a
Public Realm Plan in the Scope of Services.
Page 22
November 18, 2008
Withdrawn
6)
Recommendation to the Board of County Commissioners to approve
Change Order No.1 to Contract No. 08-5073 with R W A, Inc. for the
Immokalee Master Plan and Related Services and approve a $165,500
Budget Amendment as sufficient appropriation to fund a Public
Realm Plan in the Scope of Services.
As detailed in the Executive Summary
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Lely Main Canal Improvement Project Program and
Dedication Ceremony and luncheon, hosted by Collier Enterprises on
November 13,2008 in Naples, Florida. $4.00 to be paid from
Commissioner Halas' travel budget.
Held at U.S. 41 East between Rattlesnake Hammock Rd and
Treviso Bay Blvd
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Comrnissioners endorse the
United States Department of Justice and United States Department of
the Treasury Combined Equitable Sharing Agreement and
Certification through September 2009.
Required to be submitted annually
2) To obtain Board approval for disbursements for the period of October
18, 2008 through October 24, 2008 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of October
25,2008 through October 31, 2008 and for submission into the
official records of the Board.
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November 18, 2008
"'~~._m..
4) To obtain Board approval for disbursements for the period of
November 01, 2008 through Novernber 07,2008 and for submission
into the official records of the Board.
5) Recommend that the Board of County Commissioners approve the use
of confiscated trust funds for Drug Abuse Education and Prevention.
To support the Southwest Florida Council, Boy Scouts of America
Program
K. COUNTY ATTORNEY
1) Recommendation to approve settlement prior to completion of
discovery in the lawsuit entitled Susan Phillips vs. Collier County,
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 07-2988-CA, for $5,000.00.
Due to an accident on September 28, 2006
2) Recommendation to approve a Stipulated Final Judgment in the
amount of$1,800.00 for Parcel 150RDUE in the lawsuit styled Collier
County v. Allen W. Barnes, as Personal Representative of and Sole
Heir to the Estate of Hilda M. Barnes, et aI., Case No. 07-2864-CA.
(Oil Well Road Project No. 60044)
For a .052 acre parcel needed for a road right-of-way, drainage
and utility easement
3) Recommendation to approve a Stipulated Final Judgment in the
amount of$21,845.00 for Parcel 164 in the lawsuit styled Collier
County v. Juan Ramirez, et aI., Case No. 02-5 I 66-CA (Immokalee
Road II Project No 60018). (Fiscal Impact $15,960.85)
For a .60 acre utility easement
4) Recornmendation that the County Attorney be directed to advertise an
ordinance that repeals and replaces Ordinance No. 74-7 with an
ordinance prohibiting camping in the unincorporated areas of Collier
County.
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $20,000.00 for Parcel I 58RDUE in the lawsuit styled
Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil
Well Road Project #60044). (Fiscal Impact $5,600.00)
Page 24
November 18, 2008
For a .072 acre parcel needed for a road right-of-way, drainage
and utility easement
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PE-2008-AR-
13117: Lee County Electric Coop (LCEC) Inc., represented by Jim Krall,
P.E. of Davidson Engineering, is requesting a Parking Exemption for the
LCEC Immokalee Area Service Center in a Residential Multi-family 6
(RMF-6) Zoning District. The subject property is located in Immokalee at
433 15th Street North, Section 5, Township 47, Range 29, Immokalee,
Florida.(CTS)
Resolution 2008-333
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. NUA-2007-AR-12575
Hitching Post Co-op, Inc., represented by Tim Hancock, AICP, of Davidson
Engineering, is requesting a non-conforming use alteration approval, to
enable unit owners to replace existing non-conforming structures, in
conformance with the Fire Code and so as not to increase the existing non-
conformities. The subject 44.46 acre property is located in the Hitching Post
Co-op subdivision, along the west side of Barefoot Williarns Road,
approximately 200 feet south of the intersection of Barefoot Williams Road
and Tamiami Trail East, in Section 33, Township 50 South, Range 26 East,
Collier County, Florida. (CTS)
Resolution 2008-334
Page 25
November 18, 2008
.." '._"~--,-..~- .
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: CU-2007-AR-
12357, First Congregational Church of Naples, represented by D. Wayne
Arnold ofQ. Grady Minor and Associates, P.A., requesting a Conditional
Use to permit The First Congregational Church of Naples to construct a 300
seat facility. This site is zoned Estates (E) and is located within the Estates
Designation on the Future Land Use Map of Collier County Growth
Management Plan. Pursuant to Section 2.04.03 of the Land Development
Code, churches and places of worship are permitted conditional uses in the
E, Estate zoning district. Currently the property is utilized as a single family
residence. The subject property is 2.6 +/- acres located at 6225 Autumn
Oaks Lane, Section 29, Township 48 South, Range 26 East, Collier County,
Florida. (CTS)
Resolution 2008-335
D. Recommendation to adopt a resolution approving amendrnents
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-336
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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November 18, 2008