Recap 12/02-03/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
December 2-3, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2 (Absent 12-3-08)
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."
December 2-3, 2008
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor J. R. Pagan, International Worship Center
Absent - Invocation given by County Manager Jim Mudd
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 5/0
B. October 22, 2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Scott Watson
Approved as presented - 5/0
C. October 24,2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Mark Pelletier
Approved as presented - 5/0
D. October 28, 2008 - BCC/Regular Meeting
Approved as presented - 5/0
December 2-3, 2008
Page 2
E. October 30, 2008 - BCC/LDC Meeting
Approved as presented - 5/0
F. November 3, 2008 - BCC/AUIR Meeting
Approved as presented - 5/0
G. November 5,2008 - Value Adjustment Board Special Meeting with Special
Magistrate Mark Pelletier
Approved as presented - 5/0
H. November 7, 2008 - Value Adjustment Board Hearing Meeting with Special
Magistrate Davia Mazur
Approved as presented - 5/0
I. November 10,2008 - Value Adjustment Board Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Added - Direction given in Agenda Item #15A
A. Floyd Crews - 10 years on the Immokalee Enterprise Zone Development
Agency
Continued to later in meeting
4. PROCLAMATIONS
A. Proclamation endorsing and supporting the activities of the Economic
Development Council's Project Innovation. To be accepted by Tammie
Nemecek, Bill O'Neill, Chris Doyle, Dolph Von Arx and Representative
Tom Grady.
Adopted - 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public petition request by David Schimmel to discuss donation of County
Property at 425 1st Street North, Immokalee, FL.
To be brought back to a future BCC Meeting in January, 2009 with
options - Consensus
December 2-3, 2008
Page 3
B. Public petition request by Jim Dishinger to discuss main gate access at
Forest Glen.
Motion for staff to bring back w/alternatives for consideration
Approved - 5/0
C. Public petition request by Juan Barrera to discuss After The Fact Fee on
Permit #2008060365.
Motion to reduce fee to 1 Y, times the fee - Approved 4/1 (Commissioner
Halas opposed)
D. This item continued from the November 18, 2008 BCC Meetin2. Public
petition request by Jamesdon Stevens to discuss bid process for Solicitation
Number 08-5123.
Discussed
E. Public petition request by Aisling Swift to discuss vegetation buffer between
New Hope Ministries, Briar Landings, Lake Pointe Condominiums and The
Enclave.
Gave direction for homeowners to meet with developer and discuss
options regarding a wall versus a vegetation buffer and come to an
agreement for both parties
F. Public petition request by Antonia Soto to discuss migrant worker transport
bus parking.
Petitioner not present
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-2008-AR-13374
Naples Grande Beach Resort, represented by Hunter Hansen, requesting
seven variances. The first six Variances are from the Land Development
Code (LDC) Section 5.06.04 C.!., which requires a minimum separation of
1,000 lineal feet between signs, to allow a sign separation of 66 feet, 40 feet,
156 feet, 66 feet,7l feet, and 96 feet. The seventh Variance is from LDC
Section 5.06.04 C.l., which permits a maximum of two pole signs per street
frontage, to permit a maximum of four signs along a street frontage. The
subject property is located at 475 Seagate Drive, in Section 9, Township 49
December 2-3, 2008
Page 4
South, Range 25 East, Collier County, Florida. CTS
Resolution 2008-350: Approving signs A, B & C - Adopted 5/0
Continued indefinitely
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. SV-2008-AR-13395
Immokalee-Wood, LLC, represented by Michael R. Fernandez of Planning
Development, Inc., is requesting a variance from the Land Development
Code (LDC) Section 5.06.04 C.l. to reduce the minimum separation of
1,000 lineal feet between signs to allow a sign separation of276 feet. The
subject property is located at 2600 Immokalee Road, Section 25, Township
48 South, Range 25 East, Collier County, Florida. (CTS)
C. This item reQuires that ex parte disclosure be provided bv Commission
Members. Should a hearin2 be held on this item, all participants are
reQuired to be sworn in. ADA-2008-AR-13731 (AC) Monte Carlo Club
Condominium Association, Inc., represented by Quin L. Kurth of Turrell,
Hall and Associates, Inc., requesting an appeal to the Board of Zoning
Appeals ofa decision of the Collier County Planning Commission in
Resolution No. 08-03 denying Petition BD-2006-AR-9061 that requested a
15-foot boat dock extension over the maximum 20-foot protrusion limit as
provided in Section 5.03.06 of the Land Development Code to allow a 35-
foot boat dock facility accommodating 20 additional boat slips for property
described as Lots I and 2, Block B of Baker-Carroll Point Unit 2
Subdivision in Section 29, Township 48 South, Range 25 East, Collier
County, Florida (part of the Monte Carlo Club Condominium).
Motion to uphold the Planning Commission's findings - Failed 1/4
(Commissioner Henning, Commissioner Coyle, Commissioner Coletta
and Commissioner Fiala opposed); Motion to remand this item back to
the Planning Commission with a request for formal interpretation and
reasons for initial denial in accordance with the LDC - Approved 5/0
8. ADVERTISED PUBLIC HEARINGS
Moved from Item #17B
A. Recommendation that Board of County Commissioners repeals and replaces
Ordinance No. 74-7, through adoption of an ordinance prohibiting
unauthorized camping in the unincorporated areas of Collier County.
Ordinance 2008-65 - Adopted 5/0
December 2-3, 2008
Page 5
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Development Services Advisory
Committee.
Resolution 2008-351: Re-appointing Robert Mulhere (w/waiver of term
limits), George H. Hermanson, Dalas D. Disney (w/waiver ofterm
limits), William J. Varian and David Dunnavant - Adopted 5/0
B. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2008-352: Re-appointing Thomas Decker and Joseph
Langkawel - Adopted 5/0
C. This item to be heard at 11:30 a.m. To reconsider the Board of County
Commissioners direction for the EAC and the CCPC to hold a joint
workshop to hear the RLSA Phase II report.
Motion to have each advisory group review separately and instruct staff
to move forward without delay - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. This item continued from the November 18,2008 BCC Meetin2.
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 accept presentation - Approved 5/0
B. Recommendation to adopt a resolution authorizing the condemnation ofland
and easements necessary for the construction of roadway, drainage and
utility improvements required for the expansion of Collier Boulevard from
four lanes to six lanes from Green Boulevard to Golden Gate Boulevard,
including portions east on White Boulevard and west on Pine Ridge Road
(Project No. 68056). Estimated fiscal impact: $13,052,361. (Norman Feder,
Transportation Services Administrator)
Resolution 2008-353 - Adopted 4/0 (Commissioner Fiala absent)
C. Recommendation that the Board of County Commissioners approve the
proposal regarding the Executive Manager to the BCC. (Jim Mudd, County
Manager)
December 2-3, 2008
Page 6
Motion to have Mike Sheffield to work with the Board Office while
continuing to carry out his duties in the County Manager's Office;
Executive Manager Sue Filson will relocate to the Budget Office but will
retain Board specified duties, including advisory board appointments
and as BCC Meeting secretary - Approved 4/1 (Commissioner Coyle
opposed);
On 12-3-08: See County Manager Mudd's comment on Agenda Item
#15C
D. This item to be heard at 11 :00 a.m. Recommendation that the Board of
County Commissioners determine the Fiscal Year 2009 capital projects to be
programmed based on the $1,803,392 turn-back revenue allocated to the
Landscape Beautification Master Plan and the three projects scheduled for
landscaping. (Norman Feder, Transportation Services Administrator.)
Motion to combine Options #2 & #3 and obtain bids for all 3 projects
and wavier of local preference - Approved 4/1 (Commissioner Coletta
opposed)
E. Recommendation that the Board of County Commissioners provide the
County Manager or his designee with guidance on whether reimbursement
to the Conservation Collier Program from other County Departments for
Panther Habitat Unit Mitigation Credits at the Starnes property is
appropriate, and if appropriate, guidance on the amount of the
reimbursement. (Melissa Hennig, Principal Environmental Specialist)
Motion to approve Option #2 - Approved 4/1 (Commissioner Coletta
opposed)
F. This item to be heard at 2:30 p.m. Recommendation that the Board of
County Commissioners provide direction to stafffor the disposal of Delasol
Neighborhood Park.
Motion to approve Option #2 - Approved 3/2 (Commissioner Halas and
Commissioner Coyle opposed)
December 3. 2008
G. Recommendation to review and approve the proposed addition of Economic
Development to the list of Collier County 2009 State Legislative Priorities as
proposed by the Economic Development Council at the joint Board of
County Commissioners and Collier County Legislative Delegation Pre 2009
Legislative Session Workshop held on November 14,2008. (Debbie Wight,
Assistant to the County Manager.)
December 2-3, 2008
Page 7
Motion to approve as modified - Approved 4/0 (Commissioner Halas
absent)
December 3, 2008
Moved from Item #16AI0
H. Recommendation to obtain direction from the Board of County
Commissioners to amend the appropriate portions of the Litter, Weed and
Exotics Control Ordinance found in the Collier County Code of Laws and
Ordinances, specifically relating to the abatement of weed, grass and other
similar overgrowth in excess of 18 inches in height to include a requirement
that presently exempt Estates zoned lots be required to have a 30-foot area
around any permitted structure on the lot mowed to a length of less than 6
inches in height.
Approved - 4/0 (Commissioner Halas absent)
December 3, 2008
Moved from Item #16A8
I. To request that the Board of County Commissioners (BCC) approve a single
Land Development Code (LDC) Amendment Cycle for the 2009 calendar
year to consider a limited scope of amendments to the LDC as follows: to
remove the administrative provisions from the LDC and establish a separate
Administrative Code; to consider the Evaluation and Appraisal Report
(EAR) based Environmental amendments that were continued by the BCC
from the 2008 Cycle I; to consider amendments to the School Board review
process as required by adoption of the 2008 GMP Amendments; to consider
an amendment to the nonconformities section of the LDC continued from
the 2008 Cycle I; to consider the proposed architectural design deviation
process for Immokalee as acknowledged by the BCC; to consider the
amendments to the Well field protection regulations as directed by the BCC;
to consider amendments to specify how to calculate shorelines subject to
conservation easements or the like when calculating the number of boat slips
per the Manatee Protection Plan, as directed by the BCC; and to consider
any amendments to the Stewardship Receiving Area (SRA) ifthere are any
at that time.
Motion to approve to add amendments to the Vanderbilt Beach Overlay
to the LDC Cycle - Approved 4/0 (Commissioner Halas absent)
December 3, 2008
Moved from Item #16B2
December 2-3, 2008
Page 8
J. Request that the Board direct staffto bring back an amendment to Ordinance
No. 2003-37, as amended, clarifying the purpose section of that ordinance to
state that the Collier County Land Development Code, as amended, does not
apply to County Transportation projects, to separate the Construction
Standards Handbook into two separate handbooks consisting of the 2008
version of the Construction Standards Handbook for Work within the Public
Right-of- Way, Collier County, Florida and a new 2008 Collier County
Landscape and Irrigation Specifications for Beautification Improvements
within the Public Right-of-Way Handbook, and to authorize future revisions
to each Handbook to be made separately and by resolution approved by the
Board of County Commissioners.
Motion to Continue - Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given 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, DECEMBER 2,2008, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
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 Hubbard will be in attendance. The Board in executive session
will discuss: Strategy session related to litigation expenditures in the
pending litigation case of Board of County Commissioners v. Dwight E.
Brock, Clerk of Courts, Case No. 07-1056-CA, now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
Closed Session
B. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to litigation expenditures in the pending litigation case of
Board of County Commissioners v. Dwight E. Brock, Clerk of Courts, Case
No. 07-1 056-CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
December 2-3, 2008
Page 9
Direct County Attorney to consult with the State Attorney's Office on a
number of violations of law by the Clerk of Courts - Approved 4/1
(Commissioner Henning opposed)
December 3, 2008
Moved from Item #16K4
C. Recommendation to Authorize the County Attorney to File a Lawsuit on
behalf of the Collier County Board of County Commissioners, against Paul
R. Pransky, in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida, to recover damages in the Amount of$54,316.72.
Approved - 3/0 (Commissioner Coyle and Commissioner Halas absent)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
December 3, 2008
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Motion to continue Item #3A to the December 16,2008 BCC Meeting-
Approved 3/0 (Commissioner Coyle and Commissioner Halas absent)
B. Jim Mudd: Regarding voluntary employee separation incentive; further
discussion at December 16, 2008 BCC Meeting
C. Jim Mudd: Regarding Item #10C, Mike Sheffield is not interested in
assuming Board Office position; internal search to be done; Mike
Sheffield will help by temporarily filling in at this time
D. Commissioner Fiala: Impact fees on vacant existing structures - to be
brought back for further discussion
E. Commissioner Fiala: Water/sewer impact fee policy on unimproved
property
F. Commissioner Coletta: Concern re: water/sewer district boundaries and
future charges in District #5
G. Commissioner Coletta: Discussion on events at the Florida Association
of Counties Meeting he attended with Commissioner Halas
H. Commissioner Henning: To write letter in support of the Boys and Girls
Club for a grant request - Approved 3/0 (Commissioner Coyle and
Commissioner Halas absent)
I. Commissioner Henning: Questioning his authority to sign an indemnity
agreement relating to a prior resolution - Consensus for chairman to
sign
December 2-3, 2008
Page 10
J. Commissioner Henning: Motion to adjourn - Approved 3/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for WalMart at Artesa Point.
W/release of any Utilities Performance Security
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Grand Lely Drive Extension.
W/release of any Utilities Performance Security
3) To accept final and unconditional conveyance of the water utility
facility for Ole.
W/release of any Utilities Performance Security
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2A
(Winding Cypress PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-342 and release of the Maintenance Security
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2B
(Winding Cypress PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-343 and release of the Maintenance Security
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Verona walk Phase 2C
(Winding Cypress PUD) with the roadway and drainage
December 2-3, 2008
Page 11
improvements being privately maintained.
Resolution 2008-344 and release of the Maintenance Security
7) Request to increase the time frame associated with the contract to
allow for the Van Buskirk, Ryffel & Associates to provide the land
use modeling to be utilized by AIM Engineering & Surveying, Inc.,
the consultants for the Transportation Division to update to the Long
Range Transportation Plan (LRTP).
Extending the contract by 150 days or 2/27/2009
Moved to Item #101
8) To request that the Board of County Commissioners (BCC) approve a
single Land Development Code (LDC) amendment cycle for the 2009
calendar year to consider a limited scope of amendments to the LDC
as follows: to remove the administrative provisions from the LDC and
establish a separate Administrative Code; to consider the Evaluation
and Appraisal Report (EAR) based Environmental amendments that
were continued by the BCC from the 2008 Cycle I; to consider
amendments to the School Board review process as required by
adoption of the 2008 GMP amendments; to consider an amendment to
the Nonconformities section of the LDC continued from the 2008
cycle I; to consider the proposed architectural design deviation
process for Immoka1ee as acknowledged by the BCC; to consider the
amendments to the Well field protection regulations as directed by the
BCC; to consider amendments to specify how to calculate shorelines
subject to conservation easements or the like when calculating the
number of boat slips per the Manatee Protection Plan, as directed by
the BCC; and to consider any amendments to the Stewardship
Receiving Area (SRA) ifthere are any at that time.
9) Request that the Board of County Commissioners, acting in the
capacity of the Enterprise Zone Development Agency (EZDA)
Governing Board approve a resolution to designate Penny Phillippi,
the Immokalee CRA executive director, as the official contact person
for the Immoka1ee Enterprise Zone Development Agency. The current
official contact person for the Immokalee EZDA is the Director of
Comprehensive Planning, Randy Cohen.
Resolution 2008-345
December 2-3, 2008
Page 12
Moved to Item #10H
10) Recommendation to obtain direction from the Board of County
Commissioners to amend the appropriate portions of the Litter, Weed
and Exotics Control Ordinance found in the Collier County Code of
Laws and Ordinances, specifically relating to the abatement of weed,
grass and other similar overgrowth in excess of 18 inches in height to
include a requirement that presently exempt Estates zoned lots be
required to have a 30-foot area around any permitted structure on the
lot mowed to a length of less than 6 inches in height.
11) Recommendation to award Bid # 08-5103 -- Demolition of
Commercial and Residential Structures to Cross Environmental
Services, Inc., Honc Marine Contracting, Inc. d/b/a Honc Destruction,
and Gruelle Construction, Inc. 10 structural demolitions with an
average cost of $3,725 per structure.
Code Enforcement anticipates thirty demolitions in the current
fiscal year
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
the sponsor, Florida Department of Corrections/Hendry Correctional
Institution one (1) Adopt-A-Road Program Agreement with two (2)
recognition signs at a total cost of $150.00 for Oil Well Road alk/a/
CR 858 from SR 29 to County Line Road.
To provide litter removal in accordance with instructions in the
agreement
Moved to Item #10J
2) Request that the Board direct staff to bring back an amendment to
Ordinance No. 2003-37, as amended, clarifying the purpose section of
that ordinance to state that the Collier County Land Development
Code, as amended, does not apply to County Transportation projects,
to separate the Construction Standards Handbook into two separate
handbooks consisting of the 2008 version of the Construction
Standards Handbook for Work within the Public Right-of-Way,
Collier County and new 2008 Collier County Landscape and
Irrigation Specifications for Beautification Improvements within the
Public Right -of- W ay Handbook, and authorize future revisions to
December 2-3, 2008
Page 13
each Handbook made separately by resolution approved by the BCC
3) Recommendation that the Board of County Commissioners approve
two sponsors, MavCor Distributors and Ad Expressions (2) Adopt-A-
Road Program Agreements with four (4) roadway recognition signs at
a total cost of $300.00, for CR 92 a/k/aI San Marco Road and Pine
Ridge Road west of 1-75, respectively.
To provide litter removal in accordance with instructions in the
agreement
4) Recommendation that the Board of County Commissioners approve
the sponsor, Rods Performance Marine, one (I) Adopt-A-Road
Program Agreement with two (2) recognition signs at a total cost of
$150.00 for Commercial Dr., Linwood Ave., and Linwood Way
roadways.
To provide litter removal in accordance with instructions in the
agreement
5) Recommendation to approve an Agreement for the donation of a .028
acre Perpetual, Non-Exclusive Sidewalk and Access Easement along
Golden Gate Parkway in the Golden Gate City area. Project No.
600831 (Fiscal Impact: $800.00)
Located just east of 50th Street SW
6) Recommendation to award Bid #08-5095, The Purchase and Delivery
of Fungicides, Herbicides and Insecticides, to the Agro Distributions
LLC (dba Pro Source One), UAP Distribution, Inc., Helena Chemical,
Red River Specialties, Inc., LESCO, Univar USA, Inc., and DeAngelo
Brothers Inc. A1enza, at an estimated annual expenditure of
$300,000.00
7) Recommendation that the Board of County Commissioners approve
Change Order #4 to the contract with Astaldi Construction, Inc. in the
amount of $965,869.67 for additional work on the Immokalee Road
Design Build Project from Collier Boulevard to 1-75, Project #66045,
Contract #05-3770 and approve the necessary budget amendment.
Allowing for the direct purchase of the pre-cast Conspan Bridge
at Northbrooke Drive and the truncated domes and crosswalks
December 2-3, 2008
Page 14
8) Recommendation to award a construction contract to American Earth
Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road), in the amount of
$720,000.00 to the contractor.
For the repair and resurfacing of the bridges that received critical
scores from FDOT
9) Recommendation to award Bid #09-5111 R "Radio Road
Beautification MSTD/MSTU Roadway Grounds Maintenance" to
Hannula Landscaping, Inc. in the estimated annual amount of
$104,741.50
For basic, site specific, general maintenance services, and
emergency landscaping services
10) Recommendation that the Board of County Commissioners approve a
Maintenance Agreement to accompany the Locally Funded
Agreement between FDOT and Collier County for construction of a
new bridge over the Cocohatchee River on County Road 901
(Vanderbilt Drive), previously approved on October 28,2008 and
authorizing the Chairman to execute both agreements.
Resolution 2008-346
11) Recommendation to award RFP #08-5067 for Real Estate Appraisal
Services to the following firms: American Acquisition Group;
Anderson & Carr; Appraisal Group of Central Florida; Boyd, Schmidt
& Brannum; Callaway & Price; Kenneth C. Evans; Kenneth R.
Devos; Integra Realty Resources; Real Estate Appraisal & Litigation;
Retech; Wilcox Appraisal Services.
Used to estimate the compensation due to property owners as a
result of the necessary acquisition of their properties for the
construction of public improvement projects such as roads,
canals, parks, utility facilities and Conservation Collier purchases
12) Recommendation to award Bid #09-5141 Golden Gate Parkway & 1-
75 Interchange Landscape Maintenance to Hannula Landscaping and
Irrigation, Inc. in the estimated annual expenditure of$55,000.00
(Fund Ill, Cost Center 163889).
13) Recommendation to award Bid #09-51401-75 at Golden Gate Parkway
Landscape Improvements to Hannula Landscaping Inc. in the amount
December 2-3, 2008
Page IS
of$97,995.75 with 10% contingency of$9,799.58 for a total of
$107,795.33(Project #60043).
14) Recommendation to approve the Assumption Agreement under
Contract No. 07-4176 Purchase of Lime Rock and Fill Material, Fixed
Term Contract from Florida Rock Industries, Inc. by Vulcan Materials
Company.
The county was notified of the purchase on October 23, 2008
15) Recommendation to secure a State Transit Grant for the addition of
Transit Service into Lee County and authorize staff to work with
Florida Department of Transportation and LeeTran staff on the
development of a Public Transit Service Development Program Joint
Participation Agreement.
Providing a Lee/Collier Transit Connection that would provide
regional transit service between Lee County and Collier County
at Bonita Beach Road on Tamiami Trail and all other Collier
Area Transit routes at North Collier Hospital
16) Recommendation to obtain Board approval to pursue an agreement
between Collier County and Naples Lakes Country Club Homeowners
Association, Inc., a Florida corporation, to install a fence to separate
private property from a 99 acre mitigation area.
Located off Collier Blvd.
C. PUBLIC UTILITIES
1) Recommendation that the Board of County Commissioners execute
inter-local agreements between Collier County and the District School
Board of Collier County, Everglades City, the City of Marco Island,
and the City of Naples for debris removal operations in the aftermath
of a severe weather event or natural disaster.
From June 1,2008 through May 31, 2009 and automatically
renew each year
2) Recommendation to approve an Indemnification, Hold Harmless and
Test Monitoring Well License Agreement on an off-island vacant
parcel owned by the City of Marco Island, at no cost to the County, to
be used to provide data for future well field alignment hydrogeological
testing, for the Southeast Regional Water Treatment Plant Wellfield
December 2-3, 2008
Page 16
Project #70900.
To provide hydrogeological data required for the study
3) Recommendation that the Board approve, and authorize the Chairman
to execute, an Agreement with American Electronics Recycling to
provide electronic collection at the Collier County Landfills.
Quoted $O.OO/per pound for all electronics, including
hauling, fuel and labor
4) Recommendation to increase Work Order PG-FT-3972-07-02 to de 1a
Parte & Gilbert, P.A in the Amount of$6I,000 for Legal Services
under Contract 05-3792 Fixed Term Professional Legal Services,
Orange Tree, Project 75010.
Orange Tree Utility Company has the authority to continue their
operation of their water and sewer utilities until at least 2012
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Raudel
Gutierrez and Magnolia Pimentel (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 169, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Tomas E.
Payero Madera (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 168, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Joseph
Wilson Dorcelus (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 173, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
December 2-3, 2008
Page 17
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Osie1
Quintana and Magdalys Camejo (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 5, Block 9, Naples Manor Addition, East Naples.
Impact fee deferral in the amount of $26,204.83
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Damian
Luizaga and Maria Luizaga (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 57, Trail Ridge, East Naples.
Impact fee deferral in the amount of $19,372.46
6) 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.
7) Recommendation that the Board of County Commissioners approve
budget amendments totaling $566,377 to ensure continuous funding
of the Older Americans Act grant in the Services for Seniors Program
for FY 09.
Awarded for Title III-B Lead Agency Operations, Title C-l
Congregate Meals, Title C-2 Home Delivered Meals, and Title III-
E Caregiver Support Program from January 1, 2009 through
December 31, 2009
8) Recommendation for the Board of County Commissioners to approve
and authorize staff submittal of a Project A WARE Grant Application
for artificial reef cleanups and producing an artificial reef educational
video for the Coastal Zone Management Department in collaboration
with University Extension, Sea Grant Agent, that, if awarded, will
provide grant funds in the amount of$IO,OOO.
To promote awareness and stewardship of its artificial reef
environments
9) Recommendation that the Board of County Commissioners approve
the submittal of the Aquatic Pond Renovation and Education
December 2-3, 2008
Page 18
Development Project to the Big Cypress Basin South Florida Water
Management District for a grant to continue and expand water
conservation education through the Florida Yards & Neighborhoods
Program in the amount of $56,000.00.
The grant will also be used to renovate the existing retention pond
E. ADMINISTRATIVE SERVICES
1) Recommendation for the Board of County Commissioners to adopt a
Resolution acknowledging that the County's Tax Collector, Clerk of
Courts, Sheriffs Office and Supervisor of Elections have directly
entered into leases for branch offices and/or warehouse space in which
limited County business is conducted.
Resolution 2008-347
2) Recommendation that the Board of County Commissioners approves
amendment A-I to Contract #08-5017 "Annual Contract for
Countywide Exotic Vegetation Removal" with Resource Restoration,
Inc., Earth Balance Corporation, Environmental Aquatic Control, Inc.,
and DeAngelo Brothers, Inc. d/b/a Aquagenix to correct
Compensation Terms and Conditions language in the contracts to
match language in the Executive Summary that awarded the contracts.
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
an amendment to the Emergency Medical Services Advisory Council
Bylaws that changes the frequency of Emergency Medical Services
Advisory Council meetings from monthly to quarterly.
2) Recommendation to approve a State Emergency Response Team
Sub grant Agreement for the Department of Homeland Security (DHS)
and the State of Florida Division of Emergency Management to
establish a Community Emergency Response Team (CERT) Program
for the Town of Ave Maria in the amount of $9,000.00.
Due to the locale of Ave Maria, CERT members contribute in the
day to day operations such as searching for a lost child, providing
training within the community, hurricane preparedness, fire
safety and extinguishment, medical triage, etc.
December 2-3, 2008
Page 19
3) Recommendation that the Board of County Commissioners approve a
series of budget amendments to restructure the Court IT Fee Fund
(178) moving budget from General Fund (00l) and Court
Administration Fund (681) into the Court IT Fee Fund (178).
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-348
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) That the Collier County Community Redevelopment Agency
recommends that the Board of County Commissioners includes
amendments to the LDC amendment cycle for the 2009 calendar year
as submitted by the Bayshore Gateway Triangle CRA and consider
any amendment to the Bayshore Gateway Triangle Mixed Use
Overlay in the proposed 2009 LDC amendment cycle.
To update the 10-year old CRA Redevelopment Plan
2) Recommendation that at the request of the Collier County CRA
Board, the Board of County Commissioners include amendments to
the LDC amendment cycle for the 2009 calendar year as submitted by
the Bayshore Gateway Triangle CRA and consider any amendment to
the Bayshore Gateway Triangle Mixed Use Overlay in the proposed
2009 LDC amendment cycle, and that the CRA meet the LDC cycle
schedule requirements.
3) Request that the Collier County Redevelopment Agency amend the
Commercial Faade Grant Program to incorporate an Application,
Recipient Agreement, Lessee Agreement, Applicant Commitment of
Resources, Project Summary and Evaluation Form, and Payment
Request Form into the program documents packet for the Immokalee
Community Redevelopment area.
CRA Resolution 2008-349
H. BOARD OF COUNTY COMMISSIONERS
December 2-3, 2008
Page 20
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Kiwanis Governor's Dinner on November 6th, 2008 at
the Collier Athletic Club in Naples, FL. $35.00 to be paid from
Commissioner Fiala's travel budget.
Located at 710 Goodlette Rd N, Naples, FL
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Rotary Club Luncheon on November 6th,
2008 at the Marco Island Yacht Club on Marco Island, FL. $20.00 to
be paid from Commissioner Fiala's travel budget.
Located at 1400 N Collier Blvd., Marco Island, FL
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend A Salute to Ben Bova on January 25th, 2009 at the Naples
Philharmonic in Naples, FL. $35.00 to be paid from Commissioner
Fiala's travel budget.
Located at 5833 Pelican Bay Blvd., Naples, FL
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Foundation for the Arts Quarterly
Luncheon on November 7th, 2008 at the Marco Island Yacht Club on
Marco Island, FL. $25.00 to be paid from Commissioner Fiala's travel
budget.
Located at1400 N. Collier Blvd., Marco Island, FL
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended a cocktail party and silent auction on behalf of Gulfshore
Playhouse on November 9th, 2008 at Angelina's Ristorante in Bonita
Springs, FL. $50.00 to be paid from Commissioner Fiala's travel
budget.
Located at 24041 S. Tamiami Trail, Bonita Springs, FL
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Equestrian Challenge Bootstrap Boogie Barn
December 2-3, 2008
Page 21
Dance on November 15th, 2008 at the Naples Equestrian Challenge in
Naples, FL. $150.00 to be paid from Commissioner Fiala's travel
budget.
Located at 206 Ridge Dr., Naples, FL
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Collier Citizen of the Year Banquet on November 21 st,
2008 at the Naples Elks Lodge in Naples, FL. $35.00 to be paid from
Commissioner Fiala's travel budget.
Located at 3950 Radio Rd., Naples, FL
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the Holiday Fashion Extravaganza for Youth Haven
on December 12th, 2008 at the Naples Sailing and Yacht Club in
Naples, FL. $100.00 to be paid from Commissioner Fiala's travel
budget.
Located at 896 River Point Dr., Naples, FL
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Lakes Country Club Golf Course Grand Opening
Dinner on November 1 st, 2008 at the Naples Lakes Country Club in
Naples, FL. $55.00 to be paid from Commissioner Fiala's travel
budget.
Located at 4784 Inverness Club Dr., Naples, FL
10) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Windstar Club Cocktail Reception Benefiting the Boys
and Girls Club on November 22nd, 2008 at Windstar on Naples Bay
in Naples, FL. $75.00 to be paid from Commissioner Fiala's travel
budget.
Located at 4650 Yacht Harbor Drive, Naples, FL
11) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the Marco Chamber of Commerce Christmas Gala
on December 7, 2008 at the Island Country Club on Marco Island, FL.
December 2-3, 2008
Page 22
$75.00 to be paid from Commissioner Fiala's travel budget.
Located at 500 Nassau Rd, Marco Island, FL
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
November 08,2008 through November 14,2008 and for submission
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of
November 15,2008 through November 21,2008 and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of$57,000.00 for Parcel I 45RDUE in the lawsuit styled
Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil
Well Road Project 60044). (Fiscal Impact $41,470.00)
For a .454 acre parcel to be used for road right-of-way, drainage
and utilities easements
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $51 ,900.00 for Parcels I 85RDUE and I 85TDRE in the
lawsuit styled Collier County v. Rupert Terry Dupree, alk/a R. Terry
Dupree, et aI., Case No. 07-3328-CA (Oil Well Road Project 60044).
(Fiscal Impact $9,970.00)
For a .124 acre parcel to be used for a perpetual non-exclusive
road right-of-way, drainage, and utility easements, and as a
temporary driveway restoration easement
3) Recommendation to approve settlement in the lawsuit entitled Collier
County v. Naples Sunrise, Inc., Case No. 08-2803-SC, filed in County
Court Small Claims in and for Collier County, Florida, to Recover
Damages in the Amount of$I,102.03.
December 2-3, 2008
Page 23
Moved to Item #12C
4) Recommendation to Authorize the County Attorney to File a Lawsuit
on Behalf of the Collier County Board of County Commissioners,
Against Paul R. Pransky, in the Circuit Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to Recover
Damages in the Amount of $54,316.72.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation to the Board of County Commissioners to adopt the
attached Ordinance pertaining to the Storage, Parking and Use of
Recreational Vehicles to the Collier County Code of Laws and Ordinances
pursuant to Board Direction.
Ordinance 2008-64
Moved to Item #8A
B. Recommendation that Board of County Commissioners repeals and replaces
Ordinance No. 74-7, through adoption of an ordinance prohibiting
unauthorized camping in the unincorporated areas of Collier County.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
December 2-3, 2008
Page 24