Recap 03/10/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
March 10,2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
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."
March 10,2009
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 IMPAIRED 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
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. February 10, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
C. February 13,2009 - Value Adjustment Board Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards - 5 Years
1) Councilman John F. Sorey, III, Tourist Development Council and
Collier County Coastal Advisory Committee
Not Present
March 10, 2009
Page 2
B. 10 Years
1) Thomas Masters, Development Services Advisory Committee
Presented
4. PROCLAMATIONS
A. Proclamation designating March 15 - 21, 2009 as Florida Surveyors Week.
To be accepted by Marcus L. Berman, P.S.M. Project Manager/Senior
Associate, WilsonMiller, Inc.
Adopted - 5/0
B. Proclamation recognizing Spay Day USA 2009. To be accepted by Dr. Ruth
Eisele, DAS Advisory Committee Member.
Adopted - 5/0
C. Proclamation recognizing March 10, 2009 as A Day of Heightened
Awareness of Wildfire Danger in Collier County. To be accepted by Dan
Summers, Peter Gaddy, Jim Flanagan, Peggy Whitbeck, Michael Ramsey,
Tim Nance, Michael Weston, Chief Rita Greenberg, Chief Bob Metzger,
Hank Graham and Keith Watchey.
Adopted - 5/0
5. PRESENTATIONS
A. The Phoenix is a mythological bird that died and rose renewed from its
ashes. The Collier County Emergency Medical Services Department has
adopted the PHOENIX A WARD to recognize those EMS Paramedics,
EMTs, Firefighters and Sheriffs Deputies, who through their skills and
knowledge, have successfully brought back to life individuals who had died.
Presented
B. Presentation ofa Donation in the amount of$I,OOO.OO from the Disabled
Veterans Foundation to the Collier County Veterans Council (to be
presented by Bobby Brooks, Operations Manager for Disabled Veterans
Foundation; to be accepted by Jim Elson, President of the Collier County
Veterans Council).
Presented
March 10, 2009
Page 3
C. Presentation of the advisory committee outstanding member award for
February 2009 to Marco A. Espinar.
Presented
D. Recommendation to recognize Cristina Perez, Senior Investigator, Code
Enforcement, as Employee of the Month for February 2009.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Rick Johnson to discuss left hand turn onto
Dudley from Whippoorwill Lane.
County Attorney to look over PUD to determine who is responsible for
developer improvements - Consensus
B. Public petition request by Dr. James Odom to discuss closure of Dudley
Road and resulting hardship to Seagate Baptist Church and school.
Motion to open median - Approved 5/0
C. Public petition request by Doug Smylie to discuss extension of sidewalk
from Timberwood to World Tennis Center (Airport Road).
Staff to review PUD document and bring back conclusions - Consensus
D. Public petition request by Gregory Boron to discuss sponsorship of West
Point License Plates.
Resolution 2009-59: Supporting the sponsorship - Adopted 5/0;
Request Chairman write letters of endorsement given to the appropriate
legislative bodies
E. Public petition request by John Barlow to discuss process to rehab
foreclosures for affordable housing.
Staff to meet with petitioner regarding rehab ideas and possible
grants using received federal stimulus funds - Consensus
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. ADA-2007-AR-123 12,
March 10, 2009
Page 4
S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson &
Johnson, LLP, requesting an Administrative Appeal regarding the decision
of the Lot Line Adjustment for property located on Lot 28 in the Olde
Cypress PUD, application number LLA-2007-AR-12140. The applicant is
appealing the decision pursuant to Section No. 250-58 of the Collier County
Codes of Laws and Ordinances.
Resolution 2009-60: Approving appeal citing inconsistencies with the
Land Development Code - Adopted 4/1 (Commissioner Coletta
opposed)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. ADA-2007-AR-123 13,
S. Melissa Ross Trust, represented by Cheffy, Passidomo, Wilson &
Johnson, LLP, requesting an Administrative Appeal pursuant to the issuance
of the staff clarification number SC-07 -02 pursuant to Section No. 250-58 of
the Collier County Code of Laws and Ordinances. The applicant is
requesting an Administrative Appeal regarding the staff clarification
regarding the measurement of a front yard setback requirement on a cul-de-
sac Lot for property located on Lot 28 in the Olde Cypress PUD.
Resolution 2009-61: Approving appeal- Adopted 5/0
8. ADVERTISED PUBLIC HEARINGS
Moved from Agenda Item #17 A and to be heard following #12A (During Agenda
Changes #2A - Commissioner Coyle's request)
A. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2009-01, which created the Collier
County Emergency Medical Services Policy Advisory Board, in order to
clarify certain qualifications for appointment and provide for waiver or
modification of the stated qualifications when deemed necessary to appoint
the best-qualified candidate(s).
Ordinance 2009-11 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Pelican Bay Services Division Board.
Resolution 2009-62: Appointing Tom Cravens and Keith J. Dallas, Re-
appointing Mary Anne Womble and Geoffrey Gibson - Adopted 5/0;
Directed staff to re-advertise for the vacant commercial position
March 10,2009
Page 5
B. Appointment of members to the County Government Productivity
Committee. Pursuant to Board direction on February 24, 2009, this item is
continued pending amendment of Ordinance 2001-55.
Motion to continue - Approved 5/0
C. Appointment of member to the Black Affairs Advisory Board.
Resolution 2009-63: Appointing Mary Linda Sanders - Adopted 5/0
D. Appointment of member to the Contractors Licensing Board.
Resolution 2009-64: Re-appointing Eric D. Guite representing the City
of Naples - Adopted 5/0
E. Appointment of members to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2009-65: Reappointing Victor L. Brittain and William
Conrad Willkomm - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11:00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2008 in
accordance with Ordinance No. 2001-55. Committees include: Bayshore
Beautification MSTU Advisory Committee; Lely Golf Estates Beautification
Advisory Committee; Radio Road Beautification Advisory Committee;
Vanderbilt Beach Beautification MSTU Advisory Committee; and
Bayshore/Gateway Triangle Local Redevelopment Advisory Board. (Mike
Sheffield, Assistant to the County Manager)
Motion to consolidate the Bayshore Beautification MSTU under the
CRA - Approved 5/0 & serves a valid public purpose; Motion finding
the Lely Golf Estates Beautification MSTU serves a valid public
purpose - Approved 5/0; Motion finding the Radio Road Beautification
MSTU serves a valid public purpose - Approved 5/0; Motion finding
the Vanderbilt Beach Beautification MSTU serves a valid public
purpose - Approved 5/0
B. Recommendation to approve the financing and expenditure for the purchase
and renovation of the Naples Lodge 2010 Benevolent and Protective Order
of the Elks of the USA, Inc., at a cost not to exceed $4,618,891. (Jim Mudd,
County Manager and Skip Camp, Facilities Management Director)
March 10,2009
Page 6
Approved - 5/0; An Agreement for Sale and Purchase will brought back
at the April 28, 2009 BCC Meeting
C. Recommendation that the Board of County Commissioners direct the
County Manager or his designee to advertise and return for the Board of
County Commissioners' consideration at a future meeting, changes to the
Public Vehicle For Hire Ordinance, Number 2006-59, as amended,
deregulating taxicab and charter service rates, establishing a consumer
advisory board, providing guidelines for obtaining a vehicle for hire operator
license, establishing penalties for non-compliance, removing industry
protectionism, and thereby condensing the Public Vehicle For Hire
Ordinance provisions, consistent with the Board of County Commissioners'
direction. (James French, Operations Manager, CDES Operations)
Motion for staff to bring back an ordinance with amending language
- Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Laurie Mitchell- Safety concerns regarding neighbor's animal
business
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners provides
direction whether to amend Ordinance No. 01-55 (the Advisory Board
Ordinance) with respect to term limits. The Ordinance presently limits an
advisory board member to two terms, absent unanimous Board approval for
an additional term.
Motion to advertise as amended - Approved 4/1 (Commissioner Halas
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 10:00 a.m. Presentation of the Comprehensive
Annual Financial Report for the Fiscal Year ended September 30,2008.
Approved - 4/1 (Commissioner Halas opposed)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
March 10, 2009
Page 7
A. County Manager Jim Mudd: Update on the shortfall of ad-valorum tax
dollars for FYI0 Budget; instructed staff to cut budgets by 25%
B. Commissioner Halas: Concerns with downtown business employees
parking at the Vanderbilt Beach Parking Garage; County Attorney to
come back with an Ordinance
C. Commissioner Coletta: Swamp Buggy Weekend was a success and
included a visit from Miami Commissioner Diaz
D. Commissioner Fiala: District #1 Townhall Meeting March 11, 2009 at
the new South Regional Library on Lely Cultural Parkway @ 7pm
E. Motion to Adjourn - 4/0 (Commissioner Henning absent)
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 - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Trail Ridge.
Release of any Utilities Performance Security
Moved to Item #17G (Per Agenda Change Sheet)
2) A Resolution of the Collier County Board of County Commissioners
designating 5,868.7 Acres in the Rural Lands Stewardship Area
Zoning Overlay District as a Stewardship Sending Area with a
designation as BCIIBCP SSA 10 pursuant to the terms set forth in the
Escrow Agreement, Stewardship Sending Area Credit Agreement for
BCIIBCP SSA 10, and Stewardship Easement Agreement for
BCIIBCP SSA 10; approving a Stewardship Sending Area Credit
Agreement for BCIIBCP SSA 10; approving a Stewardship Easement
Agreement for BCIIBCP SSA 10; approving an Escrow Agreement
for BCIIBCP SSA 10; and establishing the number of stewardship
credits generated by the designation of said Stewardship Sending
Area.
March 10,2009
Page 8
3) Approval of Award of Contract #08-5090 to Rhodes, Tucker &
Garretson for Special Magistrate Services for Collier County Code
Enforcement Department in the approximate amount of $80,000 per
year.
Current contract services will expire on March 29, 2009
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Phase Three
East, Unit One with the roadway and drainage improvements being
privately maintained.
Resolution 2009-49: w/release of the Maintenance Security
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Phase Three
East, Unit Two with the roadway and drainage improvements being
privately maintained.
Resolution 2009-50: w/release of the Maintenance Security
6) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a Satisfaction of Lien for the
Brittany Bay Apartments Phase II due to the impact fees being paid in
full in accordance with the Multi-family Rental Impact Fee Deferral
Program, as set forth by Section 74-401 (e) and 74-401(g) (5) of the
Collier County Code of Laws and Ordinances.
Impact Deferral Fees were due February 3, 2009 and were
paid in full as of February 5, 2009
7) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an amendment to the Agreement
for Deferral of 100% of Collier County Impact Fees for Multi-Family
(Rental) Affordable Housing between Collier County and Brittany
Bay Partners, Ltd., for the Brittany Bay Apartments, Phase I,
consistent with the Boards direction pertaining to remedies for past
due and expiring impact fee deferrals.
The original due date for payment on September 5, 2007 was
extended with 60% of the Deferred Tax received by the
County on December 12, 2008, with the remaining 40% plus 5%
interest per year due on September 5, 2011
Added language (Per Agenda Change Sheet)
March 10, 2009
Page 9
8) 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 direct
Engineering Review Staff to issue Commercial Excavation Permit
Number 60.030, AR 12838, to Rinker Materials of Florida, Inc. and
Barron Collier Companies for the project known as Hogan Island
Quarry C.D. The project consists of 967.65 acres, more or less, sitting
in Sections 9,10,15,16,21,22 of Township 47, South, Range 28
East, Collier County, Florida, more particularly sitting about 0.75
miles north of where Oil Well Grade intersects Immokalee Road.
The aggregate processing plant will limit blasting to one time per
day with mining activities implemented twenty-four hours a day
Added language (Per Agenda Change Sheet)
9) 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. Kenny Mateja of
Tropiclean Gas and Auto Spa requests a Temporary Use Permit in
accordance with the provisions of the Land Development Code (LDC)
for seven consecutive weekends (Friday and Saturday) at 9995 East
Tamiami Trail, Section 20, Township 50 South, Range 26, for a sum
total fourteen day time limit that is allowed by the LDC during the
2009 calendar year to display a carwash promotional banner for his
business, and to allow the applicant to pay a one time two hundred
dollar fee to encompass the entire requested length of time.
10) Recommendation that the Board of County Commissioners (Board)
approve Contract #08-5122 with Post, Buckley, Schuh & Jernigan for
a Phase I cost of$575,736.95 to update the Big Cypress Basin
regional hydrologic model and begin the development of Watershed
Management Plans required by the Growth Management Plan.
For evaluating the water quality and conditions and
recommendations for water quality models for Lake Trafford and
Gordon River Extension with completion of the BCB model by
September 30, 2009, allowing time to run alternatives and
complete plans by 2010
Moved from Item #17E (Per Agenda Change Sheet)
Added language (Per Agenda Change Sheet)
March 10, 2009
Page 10
11) 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. Petition ST -2008-AR-
13958, WilsonMiller, Inc., representing North Naples Fire Control
District, requesting a Special Treatment development permit to
construct a two-story 12,952 square-foot fire station with associated
parking, utilities and a surface water management system on 3.4 acres
zoned agricultural with a Special Treatment overlay (A-ST) in Section
13, Township 48 South, Range 25 East, Collier County, Florida.
Resolution 2009-51
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Cancellation of Agreement due to road
segment already being adopted.
McDonald's will no longer be recognized as the sponsor for this
segment
2) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of $150.00.
Volunteer group Liz Appling, Florida Home Realty to perform
litter removal in accordance with instructions contained in the
agreement on Livingston Road
3) Recommendation to approve a Work Order for a construction project
to AP AC-Southeast, Inc. for the Goodlette-Frank Road (C.R. 851)
Intersection Improvements at Creekside Boulevard in the amount of
$219,414.35, Contract No. 08-5045, Project No. 66065.
Improvements include milling and resurfacing of the entire
roadway and over building the road surface with asphalt to
establish a proper cross slope
4) Recommendation to accept the partial apportionment of the Federal
Transit Administration (FT A) FY 2009 Section 5307 grant in the
amount of $901,448.00.
The grant funds will be utilized to improve security at the CAT
Operations Facility, purchase benches, shelters and related
March 10,2009
Page 11
amenities, provide ADA Para-transit services and preventative
maintenance of rolling stock
5) Recommendation that the Board of County Commissioners award the
Fiscal Year 2009 Landscape Beautification Master Plan capital
projects (Bid #09-5190): Immokalee Road Phase II & III (1-75 to
951), Rattlesnake Hammock (Polly to C.R. 951) and Vanderbilt Beach
Road Phase I & [I (Airport to C.R. 951) to Hannula Landscaping and
Irrigation, Inc. in the amount of $1,786,039.23 with $13,960.77
contingency for a total of $1 ,800,000.
As detailed in the Executive Summary
6) Authorization to apply for Federal Transit Administration funds under
Title 49 U.S.C. 5307 pertaining to the American Recovery and
Reinvestments Act (ARRA) and to accept the grant if awarded.
Providing for capital projects such as Electronic fare boxes,
building modifications, Automatic Vehicle Location and Mobile
Data Systems including GIS - route planning systems, purchase of
2 Hybrid buses replacing two buses due for replacement in 2008
& 2009, security cameras for fixed route and para-transit buses
and upgrade of three fixed route buses w/hybrid technology
7) Recommendation to terminate the amended and restated US41
Developers Consortium (Consortium) Developer Contribution
Agreement (DCA), recorded in O.R. Book 4408, Page 2880. (CTS).
Due to failure of Consortium Members to provide the appropriate
cash & security as required (Consortium DCA, paragraph 5); As
of February 19, 2009, only Habitat for Humanity of Collier
County, Inc. had posted their letter of credit
C. PUBLIC UTILITIES
1) Recommendation to award Agreement #08-5125 to Southwest Direct,
to outsource the printing and mailing of Collier County Water-Sewer
District utility bills, at an estimated annual amount not to exceed
$100,000.
As detailed in the Executive Summary
2) Recommendation that the Board of County Commissioners (Board)
approve Resolution, Payment Plan Agreement and Lien Agreement
March 10,2009
Page 12
between Tamiami Square of Naples, LLC (Developer) and Collier
County Water-Sewer District consistent with the Boards February 24,
2009 adjudication that Developer owes $120,904 as alternative water
and wastewater impact fees for Building 300.
Resolution 2009-52
D. PUBLIC SERVICES
1) Recommendation for the Board of County Commissioners to accept
funding from the 4-H Foundation Clubs, Inc. in the amount of
$50,881.00 for the 4-H Outreach Program managed by the Collier
County University of Florida/IF AS Extension Department and
approve a budget amendment in the amount of $26,481.00.
To partially fund a full time 4-H Outreach Coordinator position,
and a temporary Outreach Coordinator and to fund
enhancements to outreach activities at the Collier County
University of FloridalIF AS Extension Department
2) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign and forward to the State of
Florida Legislature, a Resolution supporting House Bill 451 which
requires sterilization of dogs and cats of a specified age and provides
exceptions.
Resolution 2009-53: Helping to solve the pet overpopulation
problem and also reducing the risk of cancer, aggression, their
drive to roam, and male tendency to mark their territory
3) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign a Florida Fish and Wildlife
Conservation Commission (FWC) Division of Marine Fisheries
Management, Artificial Reef Construction Grant Application for the
Coastal Zone Management Department in the amount of $60,000.
Reef sites are: Gordon Pass, Doctors Pass, and Wiggins Pass
providing for easy public access via the Gulf
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an Amendment to the David
Lawrence Mental Health Center Agreement approved on November
18,2008, Item #16D9. This Amendment will increase the dollar
amount awarded to the David Lawrence Center as approved by the
March 10,2009
Page 13
Board of County Commissioners on November 18, 2008 Agenda Item
# 101.
The award comes from turn back dollars from the Constitutional
Officers, the Board voted to award the Center an additional one-
time award of $450,000 due to severe budget cuts by the State
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, the attached letter of support for
Esperanza Place Phase One, a forty eight (48) unit multi-family
affordable housing project being developed by Florida Non-Profit
Services, Inc.
Benefiting farm workers in Immokalee earning between 50% and
60% local area median income
E. ADMINISTRATIVE SERVICES
1) Recommendation to adopt resolution of support to amend the
Consultants' Competitive Negotiation Act (CCNA).
Resolution 2009-54
2) Recommendation that the Board waive competition and approves an
amendment to the current contract with Vocatus Medical Management
Services to open a North MedCenter location, and establish fees for
V ocatus for the renewal period.
Located at 4513 Executive Drive, Naples
3) To sell or donate County surplus property that is no longer of use to
County departments and obtain revenue for the County.
To be held on March 28, 2009 with the use of a full service
auctioneer, Atkinson Realty & Auction, Inc.
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the time period of January 19, 2009 through February 17,
2009
5) Recommendation to authorize the conveyance of a Revocable
Temporary License to the Lee County Electric Cooperative, Inc. for
the installation of electric facilities to provide electric service for the
March 10,2009
Page 14
Marco Island Historical Museum which is located at 1264 Mistletoe
Court, Marco Island, Florida, at a cost not to exceed $60.00.
Costs are for recording the License and the Permanent Easement
F. COUNTY MANAGER
Withdrawn (Per Agenda Change Sheet)
1) Approve the necessary budget amendment from the Ochopee Fire
Control District reserves in the amount of $120,000 for the purpose of
renovating Port of the Islands Marina to be used as a Fire Station.
2) Recommendation that the Board of County Commissioners approve a
budget amendment for the Ochopee Fire Control District in the
amount of $28,860 for Architectural Services regarding the renovation
of the Port of the Islands Marina into a Fire Station.
Used to house personnel and apparatus
3) Recommendation that the Board of County Commissioners, approves
and authorizes the Chairman to sign the submittal ofa Volunteer Fire
Assistance grant application in the amount of $1 0,500 to the Florida
Division of Forestry for the purpose of refurbishing two 1994 6X6
five ton vehicles.
The vehicles will need a water tank and pump installed prior to
their use in brush fires
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-55
5) Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, in support of House Bill
691 Relating to State Oversight of Utility Services Provided by
Intergovernmental Authorities filed by State Representative Matt
Hudson and the companion Senate Bill 1192 Relating to Utility
Services/Oversight/Intergovernmental Authorities by State Senator
Garrett Richter.
Resolution 2009-56
March 10,2009
Page 15
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Moved to Item #17F (Per Agenda Change Sheet)
1) Request that the Board of County Commissioners amend the
application approval section of the Immokalee Community
Redevelopment Agency Commercial Facade Improvement Grant
Program Policies and Procedures Document, identified in and adopted
by Section Four of Ordinance Number 08-40 to correct a scriveners
error due to the inclusion of an unintended reference by deleting the
reference to the Executive Directors ability to approve or deny facade
grants in the amount of $1 0,000 or less; and by providing for an
effective date.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the ENCA Luncheon on February 19,2009 at Carrabba's in
Naples, FL. $16.00 to be paid from Commissioner Fiala's travel
budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Florida Association of Counties 2009 Legislative Day
on March 25,2009 in Tallahassee, FL. $110.00 to be paid from
Commissioner Fiala's travel budget.
Located at the Residence Inn - Universities at the Capitol, 600
West Gaines Street, Tallahassee
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Fifth Annual Honor the Free Press Day on March 18,
2009 at the Hilton in Naples, FL. $30.00 to be paid from
Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail N, Naples
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended An Evening with Clyde Butcher on March 5,2009 at the
March 10, 2009
Page 16
Rookery Bay Auditorium in Naples, FL. $20.00 to be paid from
Commissioner Fiala's travel budget.
Located at 300 Tower Road off CR951 (between Naples and
Marco Island)
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Chabad of Naples 5th Anniversary Celebration on
March 22, 2009 at the Naples Beach Hotel and Country Club in
Naples, FL. $150.00 to be paid from Commissioner Fiala's travel
budget.
6) Commissioner Henning requests Board approval for reimbursement
to attend a function serving a Valid Public Purpose. He will be
attending the Chabad of Naples 5th Anniversary Celebration on
March 22, 2009 at 6:00 p.rn. at the Naples Beach Hotel and Country
Club in Naples, Florida. $150.00 to be paid from Commissioner
Henning'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
February 14,2009 through February 20, 2009 and for submission into
the official records of the Board.
2) Recommendation that the Board of County Commissioners of Collier
County approve a Interlocal Agreement for Election Services
pertaining to services and voting equipment used by the Golden Gate
Fire Control and Rescue District in connection with a special election
to be held on May 12,2009.
3) To obtain Board approval for disbursements for the period of
February 21,2009 through February 27,2009 and for submission into
the official records of the Board.
March 10, 2009
Page 17
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners authorizes
staff to proceed with advertising a proposed Ordinance amending
Ordinance No. 2007-74, the Collier County Convenience Business
Security Ordinance.
To require specified security measures and training of
convenience store businesses and convenience store retail
employees
2) Recommendation to approve settlement in the lawsuit entitled Collier
County, Florida vs. Botner Land Design, Inc., et aI., filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case
No. 02-1923-CA for $99,500.00.
Recovering for claims of breach of contract and negligence
relating to the landscape architect's design and contract
administration on the following three projects: Davis Boulevard
(Phase II), Bayshore Boulevard Streetscape Project, and US-41
North Median Project
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.
Moved to Agenda Item #8A and to be heard following Item #12A (During Agenda
Changes Item #2A - Commissioner Coyle's request)
A. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2009-01, which created the Collier
County Emergency Medical Services Policy Advisory Board, in order to
clarify certain qualifications for appointment and provide for waiver or
March 10,2009
Page 18
modification of the stated qualifications when deemed necessary to appoint
the best-qualified candidate(s).
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2008-AR-13661,
Center Point Community Church, represented by Matthew McLean, P.E., of
Agnoli, Barber and Brundage and Doug Lewis, Esq., of Roetzel and
Andress, is requesting a Conditional Use in the Estates (E) Zoning District
for a youth ministry sanctuary with supporting offices and youth member
social activities relating to the existing religious facility, as specified in
Section 2.03.01.B.l.c.l of the Collier County Land Development Code
(LDC). The 4.58-acre subject property is located in Tract 85, Golden Gate
Estates, Unit 29, in Section 30, Township 49 South, Range 26 East, Collier
County, Florida. CTS
Resolution 2009-57
C. Recommendation that the Board of County Commissioners approve to revise
the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44)
to clarify the requirements for the Special Magistrates role in the imposition
of nuisance abatement liens and to incorporate the Boards prior direction as
reflected on the attached proposed amended ordinance.
Ordinance 2009-08
D. The approval of this item needs to be done with a Super Maiority vote.
Recommendation that the Board of County Commissioners adopt an
Ordinance amending 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 impact fee study entitled
the Collier County Transportation Impact Fee Update Study dated February
19, 2009; amending the road impact fee rate schedule that is Schedule One
of Appendix A by incorporating the findings of the study and thereby
establishing the new impact fee rates; deleting obsolete provisions referring
to Director of Financial Administration and Housing and the Educational
Impact Fee Trust Fund; providing clarification to the four year time frame to
request an impact fee reimbursement by removing obsolete language;
amending the special requirements for road impact fees to reflect the new
provisions, allowing for payment over five years, to obtain or extend a
Certificate of Adequate Public Facilities; directing the County Manager, or
his designee, and the County Attorney to amend the Collier County Land
Development Code for consistency with the provisions related to the
March 10, 2009
Page 19
Certificate of Adequate Public Facilities and to update the Collier County
Administration Procedures Manual for the Collier County Consolidated
Impact Fee Ordinance to reflect the new and amended provisions related to
impact fees; and providing for a delayed effective date of June 8, 2009 in
accordance with the 90- day notice period required by Section 163.31801
(3)(d), Florida Statutes.
Ordinance 2009-09
Moved to Item #16A11 (Per Agenda Change Sheet)
E. Petition ST -2008-AR-13958, WilsonMiller, Inc., representing North Naples
Fire Control District, requesting a Special Treatment development permit to
construct a two-story 12,952 square-foot fire station with associated parking,
utilities and a surface water management system on 3.4 acres zoned
agricultural with a Special Treatment overlay (A-ST) in Section 13,
Township 48 South, Range 25 East, Collier County, Florida.
Moved from Item #16Gl (Per Agenda Change Sheet)
F. Request that the Board of County Commissioners amend the application
approval section of the Immokalee Community Redevelopment Agency
Commercial Facade Improvement Grant Program Policies and Procedures
Document, identified in and adopted by Section Four of Ordinance Number
08-40 to correct a scriveners error due to the inclusion of an unintended
reference by deleting the reference to the Executive Directors ability to
approve or deny facade grants in the amount of$IO,OOO or less; and by
providing for an effective date.
Ordinance 2009-10
Moved from Item #16A2 (Per Agenda Change Sheet)
G. A Resolution of the Collier County Board of County Commissioners
designating 5,868.7 Acres in the Rural Lands Stewardship Area Zoning
Overlay District as a Stewardship Sending Area with a designation as
BCIIBCP SSA 10 pursuant to the terms set forth in the Escrow Agreement,
Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10, and
Stewardship Easement Agreement for BCI/BCP SSA 10; approving a
Stewardship Sending Area Credit Agreement for BCI/BCP SSA 10;
approving a Stewardship Easement Agreement for BCI/BCP SSA 10;
approving an Escrow Agreement for BCI/BCP SSA 10; and establishing the
number of stewardship credits generated by the designation of said
Stewardship Sending Area.
Resolution 2009-58
March 10, 2009
Page 20
Added (Per Agenda Change Sheet)
Continued to the March 24, 2009 BCC Meeting (Per Agenda Change Sheet)
H. An Ordinance establishing authorization and procedures for the Collier
County Voluntary Separation Incentive Program ("VSIP"); providing for a
title; providing for a statement of intent and purpose; providing for incentive
pay and implementing resolution; providing for payments; providing for
conflict and severability; providing for inclusion in the Collier County Code
of Laws and Ordinances; and providing an effective date. (Staffsrequest)
18. ADJOURN
Approved 4/0 (Commissioner Henning absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
March 10, 2009
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