Recap 01/13/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
January 13,2009
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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January 13, 2009
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 IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved andlor Adopted w/changes - 5/0
B. December 2-3,2008 - BCC/Regular Meeting
Approved as presented - 5/0
C. December 4, 2008 - BCC/Special Joint Meeting with City Council of Marco
Island
Approved as presented - 5/0
D. December 5,2008 - Value Adjustment Board Special Magistrate Pelletier
Approved as presented - 5/0
E. December 8, 2008 - BCC/ALS Engine Workshop
Approved as presented - 5/0
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January 13,2009
F. December 8, 2008 - BCCITransportation Workshop
Approved as presented - 5/0
G. December 11,2008 - Value Adjustment Board Special Magistrate Pelletier
Approved as presented - 5/0
H. December 15,2008 - Value Adjustment Board Hearing Meeting with
Special Magistrate Scott Watson.
Approved as presented - 5/0
I. December 16, 2008 - BCC/Regular Meeting
Approved as presented - 5/0
J. December 19, 2008 - Value Adjustment Board Special Magistrate Pelletier
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Advisory Committee Service Awards
A. 5-Year Awards:
1) Andrew H. Reiss - Library Advisory Board
Presented
2) Loretta Murray - Library Advisory Board
Presented
3) Betty R. Schudel - Radio Road Beautification Advisory Committee
Presented
B. to-Year Award:
1) Janet Vasey - County Government Productivity Committee
Presented
2) Floyd Crews - Immokalee EZDA
Not present
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January 13, 2009
4. PROCLAMA TIONS
A. Proclamation designating January 13,2009 as Seymour Taffet, M.D. Day.
To be received by Dr. Seymour Taffet, M.D.
Adopted - 5/0
B. Proclamation designating January 27,2009 as International Holocaust
Remembrance Day. To be accepted by Murray Hendel.
Adopted - 5/0
C. Proclamation recognizing five Collier County Government employees on
active duty in the military: Kevin Anderson, Malinda Busher, Tracy
Edmondson, Christian Grieve and Hermes Oliva. To be accepted by Dan
Summers and Jim DeLony.
Adopted - 5/0
D. Proclamation designating the week of January 18 - 24, 2009 as Hazardous
Materials Awareness Week. To be accepted by Dan Summers.
Adopted - 5/0
E. Proclamation recognizing citizens for their dedication to the betterment of
government and community life. To be accepted by Patricia Brennan, Mary
Jane Cary, Paul Granroos, Betty Hughes, Chuck Kabis, Patricia Southorn
and Patricia Bates.
Adopted - 5/0
F. Proclamation remembering Dr. Martin Luther King's dream and to celebrate
the centennial of the NAACP. To be accepted by County employee Rhonda
Cummings, Co-Chair of the MLK Day Parade Committee, County employee
Dianna Perryman, Co-Chair of the MLK Day Parade, and Harold Weeks,
Collier County NAACP.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation of the Advisory Committee Volunteer of the Year Award for
2008 to Willis P. Kriz.
Presented
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January 13,2009
B. Recommendation to recognize Susan Usher, Senior Budget Analyst, Office
of Management and Budget, as Employee of the Year for 2008.
Presented
C. Presentation of Productivity Committee's Impact Fee recommendations by
Mr. Larry Baytos.
Motion to accept the report from the Productivity Committee -
Approved 5/0
D. SELECTION OF CHAIRMAN AND VICE CHAIRMAN
Commissioner Fiala nominated as Chairman - Approved 5/0
Commissioner Coyle nominated as Vice Chairman - Approved 5/0
6. PUBLIC PETITIONS
Withdrawn
A. Public petition request by Demetria Chadbourne to discuss water bill
charges for 6432 Autumn Woods Boulevard.
Item 7 and 8 to be heard no sooner than 1:00 V.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopts an
Ordinance creating the Collier County Emergency Medical Services Policy
Advisory Board for the purpose of assisting the Board of County
Commissioners with all issues affecting pre-hospital emergency medical
services within all of Collier County, and once established, abolishing the
current Emergency Medical Services Advisory Council by repealing its
establishing Ordinance 1980-80, as amended.
Ordinance 2009-01 Adopted w/changes - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Library Advisory Board.
Resolution 2009-07: Appointing Doris Lewis (w/waiving term limit) and
Rochelle Z. Lieb to the Library Advisory Board - Adopted 5/0
Page 5
January 13,2009
B. Appointment of members to the Clam Bay Advisory Committee.
Resolution 2009-08: Appointing Noah Standridge, Ron Glah, John
Arceri to the Clam Bay Advisory Committee - Adopted 5/0
C. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2009-09: Appointing James E. Lavinski (for the remainder
of the vacant term, expiring on February 14, 2010) to the Code
Enforcement Board - Adopted 5/0
D. Appointment of member to the Immokalee Master Plan and Visioning
Committee.
Resolution 2009-10: Appointing Estil Null to the Immokalee Plan and
Visioning Committee - Adopted 5/0
E. Appointment of members to the County Government Productivity
Committee.
Resolution 2009-11: Appointing Larry Magel, James Hoppensteadt, and
re-appointing Gina Downs to the Productivity Committee - Adopted 4/1
(Henning opposed); Staff direction to revise the ordinance making this
committee smaller, televising the meetings, and to re-advertise for the
other positions
10. COUNTY MANAGER'S REPORT
A. Recommendation to review and approve the projects proposed for Collier
County's Fiscal Year 2010 Federal Legislative Agenda which will be
presented to the Congressional Delegation in Washington, D.C. for federal
funding consideration. (Debbie Wight, Assistant to the County Manager)
Motion to approve the county's project list - Approved 5/0;
Commissioner Halas to represent the BCC - Approved 5/0
Time Certain 3:30 p.m.
B. Recommendation to deny the petitioners request for a reduction of the
storage for the two northbound left turn lanes to Business Circle South in
order to provide storage for a single left turn lane southbound for access into
the main gate of Forest Glen, Project #6000 I (Norman Feder, Transportation
Services Administrator)
Motion to continue - Approved 3/2 (Commissioner Halas and
Commissioner Coyle opposed)
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January 13, 2009
C. This item to be heard at 11 :00 a.m. Request that the Board of County
Commissioners accepts the Collier County Transportation Impact Fee
Update Study (Study) dated December 2008 and directs staffto bring back
an Ordinance amending Schedule One of Appendix A of Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance) providing for the incorporation by
reference of the Study to either implement the corresponding Road Impact
Fee Rate Schedule or consider an option to delay the adoption of the
corresponding Road Impact Fee Rate Schedule for a period of one (1) year
and consider an economic incentive by adjusting the Road Impact Fee Rate
Schedule to reflect the rates in effect as of June 30, 2006 with staff direction
to prepare measures to reduce trip lengths. (Nick Casalanguida,
Transportation Planning Director)
Motion to continue until staff can bring an analysis of the fiscal impact
- Approved 5/0
D. This item to be heard at 2:00 p.m. Recommend approval by the Board of
County Commissioners to award Bid #09-5148 to Subaqueous Services,
LLC in the total amount of$I,555,4l9.29 for 2008 Dredging of Doctors and
Wiggins Passes and approve all necessary budget amendments. (Gary
McAlpin, Coastal Zone Management Director)
Approved - 5/0
Continued to the January 27, 2009 BCC Meeting
E. This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Recommendation to deny the
Alternative Impact Fee Appeal submitted by Tamiami Square of Naples,
LLC (Developer) and authorize the Chairman to execute a notice to the
Developer for the collection of the Collier County Water-Sewer District
(CCWSD) Alternative Impact Fee calculation of$120,904 for the existing
tenants of Building 300, with Developers concurrence, or the original
amount of $ I 96,873 without Developers concurrence. (Tom Wides, Director
Fiscal Operations, Public Utilities)
F. Recommendation for the Board of County Commissioners to correct an
apparent scrivener's error within Section XI.(5) of the County's purchasing
policy regarding local preference reciprocal agreements with other counties.
(Steve Carnell, Director, Purchasing)
Approved - 5/0
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January 13, 2009
G.
Added
H.
Recommendation to defer approval of two invoices totaling $707,317.95
from the Clerk of Courts for "Services per statutory charges" provided to the
Board of County Commissioners during the Months of October and
November 2008. (John Yonkosky, Director, Office of Management and
Budget)
Motion to approve staff recommendations - Approved 5/0
Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign Department of Housing and Urban
Development (HUD) Form SF424, Application for Federal Assistance and
HUD Form 2991, Certificate of Consistency for the Continuum of Care
(CoC) projects submitted as part of the 2008 CoC Grant application. HUD
SF424 is the cover form for the grant application and outlines the federal
funds requested and match funds being provided by the participating sub-
recipients. HUD Form 2991 confirms the projects included in the application
are consistent with the County's Consolidated Plan.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Tim Hancock - Youth Haven SDP: Approved wlconditions - 5/0
12. COUNTY ATTORNEY'S REPORT
A. Request that the Board of County Commissioners provide direction with
respect to whether the County should close on the Pepper Ranch transaction,
in light of a claim made by an adjacent property owner that they are entitled
to access their property through the Pepper Ranch.
Motion to accept option #3 and move forward wlstipulations and to
bring back the results at the next BCC Meeting - Approved 5/0
Moved from Item #16K2
B. Recommendation to ratify the approved Stipulated Final Judgment in the
amount of$33,500.00 for Parcel15lRDUE in the lawsuit styled Collier
County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well Road Project
No. 60044). (Fiscal Impact $14,400.00)
Approved - 4/0 (Commissioner Henning out); County Attorney to bring
back analysis of excessive legal costs in acquisitions - Consensus
Moved from Item #16K3
Page 8
January 13, 2009
C. Recommendation to approve a Stipulated Final Judgment in the amount of
$31,000.00 for Parcell13FEE in the lawsuit styled Collier County v. Luz
Matlin, et aI., Case No. 07-2850-CA (Oil Well Road Project No. 60044).
(Fiscal Impact $17,700.00)
Approved - 5/0 (Commissioner Henning entered)
Moved from Item #16K4
D. Recommendation to approve a Stipulated Final Judgment in the amount of
$31,000.00 for Parcel l27FEE in the lawsuit styled Collier County v. Carlos
Alvarez, et aI., Case No. 07-2882-CA (Oil Well Road Project No. 60044).
(Fiscal Impact $17,900.00)
Approved - 5/0
Moved from Item #16K5
E. Recommendation to approve a Stipulated Final Judgment in the amount of
$31,000.00 for Parcel l19FEE in the lawsuit styled Collier County v. Carlos
Alvarez, et aI., Case No. 07-2882-CA (Oil Well Road Project No. 60044).
(Fiscal Impact $17,700.00)
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Mudd - Empire Group had check returned for insufficient funds,
to be taken before the CEB Meeting on January 22, 2009
B. Mr. Mudd -Brookside Marina and the Caradee Property
C. Mr. Mudd - Potential locations for Property Appraisers Office-
Consensus
D. Mr. Mudd - 60 Sign violations in Immokalee; Staff to bring back
recommendations - Consensus
E. Commissioner Coyle - Encourage community clean-up
F. Commissioner Halas - Clerk's report regarding interest earnings on
investments
G. Commissioner Henning - Constituent called commending Code
Enforcement and Diane Flagg for working with public and compliance
is up 95%
Page 9
January 13, 2009
H. Commissioner Henning - Small Tooth Saw Fish - Motion for staff to
bring back a resolution opposing the designation of endangered species
- Approved 4/0 (Commissioner Coyle out); Resolution 2009-12
submitted by County Attorney's Office
I. Commissioner Fiala - Order of presentations during BCC Meetings and
the commissioner buttons during meetings
J. Commissioner Fiala - Adjourned - Approved 4/0 (Commissioner Coyle
out)
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 andlor Adopted wlchanges - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Chase Preserve First
Replat (Lely Resort PUD) and the roadway and drainage
improvements will be privately maintained.
Resolution 2009-01 Wlrelease of the Maintenance Security
2) Recommendation that the Board of County Commissioners approve a
Job Creation Investment Program Agreement with Anchor Health
Centers, P.A. and Naples Investment Group, LLC consistent with the
provisions of the Job Creation Investment Program and the company's
approved incentive application.
For the targeted 40 new jobs created at their new medical facility
at Edison Village by December 31, 2009
3) Recommendation that the Board of County Commissioners approve
an Advanced Broadband Infrastructure Investment Program
Agreement with Anchor Health Centers, P.A. and Naples Investment
Group, LLC, consistent with the provisions of the Advanced
Broadband Infrastructure Investment Program and the entity's
approved incentive application.
For renovating and upgrading existing non-residential buildings
Page 10
January 13, 2009
at Edison Village
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for White Lake Corporate Park, Phase 4.
W Irelease of any Utilities Performance Security
5) Recommendation that the Collier County Board of County
Commissioners (BCC) review the Collier County Planning
Commission's (CCPC) December 9,2008 recommendations on the
East of CR951 Horizon Study Infrastructure and Services Phase II
report, along with the Horizon Study Master Committee and Staff
recommendations; and accept the Horizon Study Committee and Staff
recommendations provided for within this executive summary.
As detailed in the Executive Summary
6) Recommendation to grant final approval of the roadway and drainage
improvements for the final plat of Preserve Commons (Olde Cypress
PUD), roadway and drainage improvements will be privately
maintained.
Resolution 2009-02 Wlrelease of the Maintenance Security
7) This item requires that ex parte disclosure be provided bv
Commission Members. Should a hearinl!: be held on this item, all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Esperanza Place, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W Istipulations
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners (BCC)
approve the reduction of the study area of the Wilson Boulevard
Extension/Benfield Road Corridor Study to allow for the conveyance
of land to the Florida Department of Environmental Protection
(FDEP) located within the current study area for the purpose of
generating bonus conveyance credits.
The revised study will allow land owners to continue forward with
the mitigation permitting process to convey property to the State
Page 11
January 13,2009
2) Recommendation that the Board of County Commissioners (BCC)
make a motion finding that the curb-and-gutter urban roadway cross-
section constructed on Southwest Boulevard meets the commitment
listed under Paragraph P, of Sub-section 7.5 Transportation of the
Wentworth Estate's Ordinance No. 2003-51, adopted by the Board on
September 23, 2003.
This section of roadway has been in operation for more than a
year, now known as Treviso Bay
3) 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 Road
projects within road right of way, 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.
As detailed in the Executive Summary
4) Recommendation that the Board of County Commissioners authorize
the Chairman of the Board of County Commissioners to sign an
easement instrument with the Board of Trustees of the Internal
Improvement Trust Fund of the State of Florida (the State), for the
existing roadway bridge (No. 034176) crossing the Cocohatchee River
on Vanderbilt Drive (C.R. 901) within the existing right-of-way.
To reconstruct the existing bridge and to be maintained by the
County
5) Recommendation to approve a change order to a work order in the
amount of$65,000.00 to Post, Buckley, Schuh & Jernigan, Inc.
(PBS&J) for contract #06-3987 Professional Contract for
Construction, Engineering and Inspection services for the Freedom
Park (Project No. 51085).
Located east of Goodlette- Frank Road and north of Golden Gate
Parkway
Page 12
January 13, 2009
6) Recommendation to approve award of contract #09-5127 to URS
Corporation Southern for Professional Design and Related Services
for Dynamic Message Signs.
To be used for arterial roadways in unincorporated Collier
County
C. PUBLIC UTILITIES
1) Recommendation to approve a budget amendment to appropriate
$75,000 to fund the commissioning of Master Pump Station 104;
Project #73132; Santa Barbara Sewer Force Main.
For a six mile long sewer force main interconnect along Santa
Barbara Boulevard and Logan Boulevard from Radio Road
North to Vanderbilt Beach Road
2) Recommendation that the Board of County Commissioners of Collier
County, Florida, as Ex-Officio Board of the Collier County Water-
Sewer District, approve a work order to Mitchell & Stark
Construction Company, Inc. in the amount of$290,650 for
construction of the water main replacement to accommodate the
replacement of the Vanderbilt Drive Bridge over the Cocohatchee
River, Project #70045.
To continue to provide potable water to the northwestern part of
the service area by replacing a 12-inch water main
3) Recommendation to award Bid No. 08-5137, Annual Contract for the
Purchasing and Repair of Pumps and Motors to various companies in
the estimated annual amount of$350,000.00.
Awarded to John Mader Enterprises Inc. (Mader Electric
Motors), Southern Electric Supply (Rexel), Bob Dean Supply and
TAW Orlando Service Center
4) Recommend that the Board of County Commissioners reject RFP
#08-5093 to Cliff Berry Inc. (CBI)
Staff intends to utilize the Florida Department of Environmental
Protection's Contract with Southern Waste Services, Inc., for
cleaning up the discharge of hazardous waste
Page 13
January 13, 2009
5) Recommendation to approve and execute documents necessary for the
conveyance of the required utility facilities located within the site of
the Emergency Services Center and South Regional Library on Lely
Cultural Parkway in Collier County, Florida to the Collier County
Water-Sewer District at a cost not to exceed $78.50, Projects #52160
& #54003.
To operate and maintain water and wastewater utilities within the
easement area
6) Recommendation to A ward Bid Number 08-5123 for purchase of
hauling and disposal of lime sludge services to Pro-Lime Corporation
in the estimated amount of$150,000 annually.
The sludge is a byproduct of the lime softening treatment process
D. PUBLIC SERVICES
1) Recommendation to approve a Third Amendment to Lease Agreement
with Collier Model Aeronautic Club, Inc., for the continued use of
vacant County-owned land at an annual income of$lO.
For the use of 30 acres adjacent to the Manatee Elementary and
Middle School property
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign an agreement with Physician Led
Access Network (PLAN) of Collier County to provide a shared
information network for PLAN participants in Collier County.
Services will be paid on behalf of the PLAN program through a grant
awarded by the United States Department of Health and Human
Services, Health Resources and Services Administration.
For a more effective and efficient method of health care service
for the uninsured population
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Khaled
Mahgoub (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at the west half
of Lot 147 and all of Lot 148, Gulf Harbor, North Naples.
Impact Fee Deferral in the amount of $34,573.36
Page 14
January 13, 2009
4) Recommendation to award Bid #08-5109 in the amount of
$146,786.16 to Hannula Landscaping and Irrigation, Inc., for the
Landscape and Fence work at Palm Springs and Rita Eaton Parks and
to approve the necessary budget amendment.
For planting new trees and shrubs, mulching, irrigation and the
installation of new fence and gates
5) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an Amendment to the Habitat for
Humanity's (Habitat) Acquisition/Rehabilitation/Resale Subrecipient
Agreement approved on September 23, 2008 (Item 10K) for
$1,104,000. This Amendment will allow reimbursement of Habitat's
expenses for all eligible costs associated with the Agreement and
allows direct payment to be made to contractors and vendors for
goods and services provided in support ofthis Agreement.
For the purchase, rehabilitation and resale of foreclosed home
sites in the Naples Manor Area
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
and authorize the Chairman to sign an Amendment to the Housing
Opportunities Made for Everyone (H.O.M.E.) Acquisition/
Rehabilitation/Resale Subrecipient Agreement approved on
September 23,2008 (Item 16D6) for $427,472.42. This Amendment
will allow reimbursement ofH.O.M.E.'s expenses for all eligible
costs associated with the Agreement and allows direct payment to be
made to contractors and vendors in support of this Agreement.
For the purchase, rehabilitation and resale of foreclosed home
sites
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Agreement providing for a
$150,000 State Housing Initiative Partnership (SHIP) grant to
Housing Opportunities Made for Everyone, Inc. (HOME) for the
acquisition and/or rehabilitation of at least three (3) residential
Page 15
January 13, 2009
dwelling units to benefit households earning less than 120% of the
Area Median Income.
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of November 21, 2008 through December 12, 2008
2) Recommendation to approve chiller maintenance services to the
respective manufacturers: Trane, McQuay Services, and Carrier
Commercial Services, as the sole source providers for the
maintenance, repair, and installation of associated parts, proprietary
software, and other auxiliary components of such County-owned and
maintained chillers.
For an estimated annual amount of $100,000
3) Recommendation that the BCC recognize the receipt of a check for
$501.25 from Nationwide Retirement Solutions and authorize HR to
include the $501.25 in its budget for FY 2009.
For the settlement of an administrative proceeding by the
Securities and Exchange Commission
4) Recommendation to award Bid No. 09-5143, "Electrical Parts and
Supplies" to Graybar Electric, Mayer Electrical Supplies and World
Electric Supply for the purchase of electrical parts and supplies for an
estimated annual amount of $11 0,000.
For the repair and maintenance of the County's many electrical
and lighting systems
5) Recommendation to approve a Release and to accept payment in the
amount of$155.55 resulting from the voluntary settlement between
Willis Group Holdings, Inc. and the Office of the Attorney General.
For the matter of undisclosed insurance carrier compensation
6) Recommendation to approve an Agreement for Sale and Purchase
with Richard F. Berman for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $18,700.
For property located within the Red Maple Swamp Preserve
Multi Parcel Project in Golden Gate Estates, Unit 53
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January 13,2009
7) Recommendation to approve an Agreement for Sale and Purchase
with Charles David Hinz for 2.27 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $36,800.
For property located within the Red Maple Swamp Preserve
Multi Parcel Project in Golden Gate Estates, Unit 53
8) Recommendation to approve an Agreement for Sale and Purchase
with Nelson Canales and Yanelys Canales for 5.0 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $80,300
For property located within the Red Maple Swamp Preserve
Multi Parcel Project in Golden Gate Estates, Unit 53
9) Recommendation to approve an Agreement for Sale and Purchase
with Krystyna Balinski for 1.59 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $26,750.
For property located within the Winchester Head Multi Parcel
Project in Golden Gate Estates, Unit 65
10) Recommendation to approve an Agreement for Sale and Purchase
with Joseph L. Perrone as Trustee of the Yvonne A. Perrone and
Joseph L. Perrone Revocable Trust Dated July 6, 2000 for 1.14 acres
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $19,300.
For property located within the Winchester Head Multi Parcel
Project in Golden Gate Estates, Unit 65
11) Recommendation to approve an Agreement for Sale and Purchase
with Michael Zell for 5.0 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $82,800.
For property located within the Winchester Head Multi Parcel
Project in Golden Gate Estates, Unit 62
12) Recommendation to approve an Agreement for Sale and Purchase
with Judith Walsh f/k/a Judith Sorensen and Jane Dinda flk/a Jane
Sorensen for 5 acres under the Conservation Collier Land Acquisition
Program, at a cost not to exceed $13, I 00.
For property located within the Camp Keais Strand, south of Oil
Well Road
Page 17
January 13, 2009
13)
Recommendation to authorize the conveyance of an Easement to
Florida Power and Light Company (FPL) for the installation of
electric facilities to provide electric service for the Collier County
Fleet Facility which is located at 2897 County Barn Road, at a cost
not to exceed $27.00, Project #52009.
With recording cost not to exceed $27.00
Withdrawn
14)
Recommendation to approve a resolution supporting full funding of
the Florida Forever Successor Program within the 2009-2010 State
budget.
F. COUNTY MANAGER
1) Approve budget amendments.
BA #09-122: To pay health reinsurance for FY09
2) Request that the Board of County Commissioners (BCC) direct the
County Manager or his designee and the County Attorney to proceed
with the preparation of an ordinance(s); all related enabling
documents and the prerequisite statutory notice requirements
necessary to dissolve up to twenty three (23) inactive Taxing
Authorities which are currently found on the Property Appraisers Ad
Valorem Property Tax Roll.
Allowing the reduction of paperwork volume and reporting
requirements as part of the TRIM compliance process
3) Recommendation to approve the after-the-fact submittal of a grant
application for the U. S. Smokeless Tobacco Polaris Ranger Donation
Program for Emergency Medical Services.
This national program provides off.road utility vehicles to assist
in emergency response
4) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sib'll Grant Agreement #08DS-51-09-
21-01 between Collier County and the Florida Division of Emergency
Management accepting $103,500.00 for Emergency Management
Program Enhancements and approve a budget amendment to
recognize and appropriate the grant funds.
Page 18
January 13, 2009
To enhance our post disaster redevelopment, county-wide exercise
program and augment our Federal and State mandated
Comprehensive Emergency Management Plan
5) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign an Agreement between Collier
County and the Florida Division of Emergency Management
accepting the Citizen Corps Grant award totaling $7,000 and approve
a budget amendment to recognize and appropriate the grant funds.
To involve community members in all-hazards emergency
preparedness, planning, mitigation, response and recovery
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions and insurance
proceeds) to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-03
7) Authorization of a budget amendment transferring appropriations
from Reserves in the General Fund (001) to the Other General and
Administrative Services budget. The appropriation will be used to pay
for attorney fees and court reporting charges for an employee appeal.
($20,368.80)
Due to the termination of a Board office staff employee in
September 2008
G. AIRPORT AUTHORITY ANDIOR COMMUNITY
REDEVELOPMENT AGENCY
1) For the CRA Board to correct a scriveners error on the July 25, 2006,
Agenda Item #14B executive summary from $10,147 to $10,197 and
to approve the return of a pro-rata share of collected private donations
to those who contributed to the Hallendale Subdivision road paving
project based on the corrected amount of $1 0, 197.00.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the EDC Pre-Legislative Luncheon at the Naples Sailing and
Yacht Club on December 10,2008. $40 to be paid from
Page 19
January 13, 2009
Commissioner Coletta's travel budget.
Located at 896 River Point Drive
2) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Farm City BBQ in Immokalee on November 26, 2008.
$20 to be paid from Commissioner Coletta's travel budget.
Held at the Nobles Collier Packing House, 212 Jerome Drive,
Immokalee, FL
3) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Immokalee Foundation and Future Builders of America
(FBOA) Luncheon on August 9, 2008. $20 to be paid from
Commissioner Coletta's travel budget.
Held at the Pace Center, 160 North 1st Street in Immokalee, FL
4) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Big Cypress Sportsmen's Alliance Addition Lands
Meeting on September 3, 2008. $56.20 to be paid from Commissioner
Coletta's travel budget.
Held in Fort Lauderdale
5) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Greater Naples Leadership Luncheon on October 29,
2008. $25 to be paid from Commissioner Coletta's travel budget.
Held at the Collier Athletic Club
6) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Senior Provider Workshop and Breakfast on September
19,2008. $4 to be paid from Commissioner Coletta's travel budget.
Held at Naples Community Hospital's Telford Auditorium
7) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
advertised contact information and meeting notifications to
constituents in the Everglades City Directory and Mullet Rapper. $25
Page 20
January 13, 2009
8)
9)
Withdrawn
10)
Withdrawn
11)
Withdrawn
12)
13)
to be paid from Commissioner Coletta's travel budget.
Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Collier Citizen of the Year Banquet on November 21,
2008. $35 to be paid from Commissioner Coletta's travel budget.
Held at the Naples Elks Lodge
Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the NMSS Holiday Party on December II, 2008. $ I 7.45 to
be paid from Commissioner Coletta's travel budget.
Held at the Glades Country Club, 174 Teryl Road
Commissioner Coletta requests Board approval for payment to an
organization that serves a valid public purpose as it relates to Collier
County business. Commissioner Coletta Immokalee Chamber of
Commerce Dues for 2009. $150.00 to be paid from Commissioner
Coletta's travel budget.
Commissioner Coletta requests Board approval for payment to an
organization that serves a valid public purpose as it relates to Collier
County business. Commissioner Coletta Leadership Collier Dues for
2009. $100.00 to be paid from Commissioner Coletta's travel budget.
Commissioner Coletta requests Board approval for payment to an
organization that serves a valid public purpose as it relates to Collier
County business. Commissioner Coletta East Naples Civic
Association Dues for 2009. $60.00 to be paid from Commissioner
Coletta's travel budget.
Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attended the Immokalee Chamber of Commerce Silent Auction on
November 1, 2008. $50.00 to be paid from Commissioner Coletta's
travel budget.
Held at the GoodwilllRoberts Senior Center
Page 21
January 13, 2009
14) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Leadership Collier Retreat on January 23,2009. $100.00
to be paid from Commissioner Coletta's travel budget.
Held at the Naples Beach Hotel and Golf Club
15) Commissioner Henning requests Board approval to attend a function
serving a valid public purpose to attend the EDC Project Innovation
Events on 1-15-09,2-19-09, 3-19-09,4-16-09 and 5-20-09 in the
amount of $200 to be paid from Commissioner Henning's travel
budget.
Held at the Naples Beach Hotel and Golf Club
16) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta to
attend the EDC Project Innovation Series - January 8, 2009; January
15,2009; February 19,2009; March 19,2009; April 16, 2009; and
May 20,2009. $200.00 to be paid from Commissioner Coletta's travel
budget.
Held at the Naples Beach Hotel and Golf Club
Continued to the January 27, 2009 BCC Meeting
17) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta is
attending the 2009 Everglades Coalition Conference, January 8-11,
2009. $290.00 for Registration Fee and $597.00 for Accommodations
for a total of $887.00 to be paid from Commissioner Coletta's travel
budget.
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
December 6, 2008 through December 12, 2008 and for submission
into the official records of the Board.
Page 22
January 13, 2009
2) To obtain Board approval for disbursements for the period of
December 13, 2008 through December 19, 2008 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of
December 20, 2008 through December 26, 2008 and for submission
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
December 27,2008 through January 2,2009 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to authorize the Chairman to sign a release of lien
as part of Board-approved settlement in the matter of Collier County
v. Donald E. Gray, CEB Case No. 2004-005.
Related to a 2004 CEB case involving an unpermitted boathouse
roof that has since been demolished
Moved to Item #12B
2) Recommendation to ratify the approved Stipulated Final Judgment in
the amount of$33,500.00 for Parcel15lRDUE in the lawsuit styled
Collier County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well
Road Project No. 60044). (Fiscal Impact $14,400.00)
Moved to Item #12C
3) Recommendation to approve a Stipulated Final Judgment in the
amount of$31 ,000.00 for Parcell13FEE in the lawsuit styled Collier
County v. Luz Matlin, et aI., Case No. 07-2850-CA (Oil Well Road
Project No. 60044). (Fiscal Impact $17,700.00)
Moved to Item #12D
4) Recommendation to approve a Stipulated Final Judgment in the
amount of $31 ,000.00 for Parcel 127FEE in the lawsuit styled Collier
County v. Carlos Alvarez, et aI., Case No. 07-2882-CA (Oil Well
Road Project No. 60044). (Fiscal Impact $17,900.00)
Moved to Item #12E
Page 23
January 13, 2009
5) Recommendation to approve a Stipulated Final Judgment in the
amount of $31 ,000.00 for Parcel 119FEE in the lawsuit styled Collier
County v. Carlos Alvarez, et aI., Case No. 07-2882-CA (Oil Well
Road Project No. 60044). (Fiscal Impact $17,700.00)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. V A-2008-AR-13568:
Robert Oster, Trustee, represented by Clay Brooker, Esquire, is requesting a
14- foot 1.25 inch variance from the required rear yard setback of fifteen feet
as specified in the Naples Bath and Tennis Club PUD (Ordinance No. 81-61)
to allow a rear yard accessory structure setback of 10.75 inches to allow
construction of a screen enclosure over an existing pool and patio. The
subject 0.32-acre parcel is located on the west side of Airport-Pulling Road
(CR 31) and approximately mile south of Pine Ridge Road (CR 896). More
specifically the property is located at 540 Bald Eagle Drive, in Section 14,
Township 49 South, Range 25 East, Collier County, Florida. (CTS)
Resolution 2009-04
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2008-AR-13060
Naples Baptist Church, Inc. represented by Laura DeJohn, AICP, of Johnson
Engineering, Inc., requests a Conditional Use in the Mobile Home Overlay
within the Agricultural zoning district (A-MHO) pursuant to 2.03.0 l.A.l.c.7
of the Land Development Code (LDC). The 4.96 acre A-MHO zoned site is
proposed to permit a Church with a maximum of 12,000 square feet of floor
area. The subject property is located at 2140 Moulder Drive, Section 30,
Page 24
January 13,2009
Township 48 South, Range 27 East, Collier County, Florida. (CTS)
Resolution 2009-05
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-06
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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January 13,2009