Recap 04/14/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
April 14, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District I; CRAB Vice-Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB 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."
April 14, 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 VERBA TIM 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
TAM lAM I 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 - 4/1 (Commissioner Henning
opposed)
B. March 10, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
C. March 11, 2009 - District 1 Town Hall Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Year Recipients - Public Vehicle Advisory Committee
1) Russell Berghuis - Not Present
2) Tony Marino - Not Present
April 14, 2009
Page 2
10 Year Recipients - Educational Facilities Authority
3) Ross P. Ob1ey - Presented
4) John Agnelli - Presented
5) Barbara Minch-Rosenberg - Not Present
6) Alice J. Carlson - Not Present
4. PROCLAMATIONS (One motion taken to adopt all proclamations)
A. Proclamation designating April 22, 2009 as Earth Day in Collier County. To
be accepted by Dan Rodriguez, Solid Waste Director, Joe Bellone, Revenue
Services Manager, Utility Billing and Customer Service and Ray Smith,
Pollution Control Director.
Adopted - 5/0
B. Proclamation designating April 22, 2009 as Conservancy of Southwest
Florida Green Campus Day. To be accepted by Keith Callaghan,
Development Director, Conservancy of Southwest Florida.
Adopted - 5/0
C. Proclamation encouraging each and every Collier County parent and adult to
be called upon to BE THE WALL between their teen and alcohol; to be
clear, be firm, and be consistent when talking about alcohol. To be accepted
by Marla Ramsey, Helen Athan and Maribel De Armas on behalf of Drug
Free Collier.
Adopted - 5/0
D. Proclamation designating April, 2009 as Sexual Assault Awareness Month.
To be accepted by Dana MacMillan, Director of Advocacy, Gissa Infante,
Advocate/Prevention Educator and Shaina Hicks, Legal
Advocate/Counselor.
Adopted - 5/0
E. Proclamation designating April 12, 2009 through April 18, 2009 as Collier
County Animal Control Officer's Week. To be accepted by Amanda
Townsend, DAS Director, and Collier County Animal Control Officers.
Adopted - 5/0
F. Proclamation designating April 19, 2009 through April 25, 2009 as National
Volunteer Week in Collier County. To be accepted by Brian Kelly, RSVP
April 14, 2009
Page 3
Project Director, the volunteer coordinators of the Public Services Division
and their volunteers.
Adopted - 5/0
G. Proclamation designating the week of April 12, 2009 through April 18, 2009
as National Telecommunicator's Week In Collier County. To be accepted by
Chief Greg Smith and Commander Bill Rule from the Collier County
Sheriffs Office.
Adopted - 5/0
5. PRESENT A TIONS
A. Recommendation to recognize Claudine Auclair, Principal Planner,
Transportation Planning, as Employee of the Month for March 2009.
Presented
B. Presentation of Platinum Safety Award to Collier County MedFlight
Division.
Presented
Added (Per Agenda Change Sheet)
C. Quarterly presentation from Sheriff Kevin Rambosk.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Michael Schuman to discuss SCORE's services to
support small business facing economic difficulties.
Discussed - Would like to send out SCORE brochure with occupational
tax receipt sent out by tax collector
B. Public petition request by Todd Strausbaugh to discuss stormwater
management system requirements at 20 Pelican Street East.
Discussed - to be brought back with staff's direction - Consensus
C. Public petition request by Barry Goldmeier to discuss impact fee deferral for
affordable apartment development in Immokalee.
Requesting impact fee deferral funds that are guaranteed to them; to be
brought back at a future BCC meeting - Consensus
April 14, 2009
Page 4
D. Public petition request by Edward Bakay to discuss unsafe vehicular traffic
on Frangipani Avenue and Dove Tree.
Motion to bring back - Approved 4/1 (Commissioner Henning opposed)
E. Public petition request by William McDonough, Esq. to discuss the Palm
River Estates Unit No.5 North/South Stormwater Improvements. (This item
to be heard in conjunction with Item #10B.)
Discussed with Item #IOB
Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that anyone who wishes to participate shall be sworn
in. ZL TRA-2009-AR-14174 Mario Castenada represented by Dwight
Nadeau ofRW A, Inc., is requesting an appeal of ZL TR-2008-AR-13025.
The applicant proposed to open a retail clothing store in the Mir Mar PUD
(Ordinance No. 98-72) but the Directors found the use was not allowable per
the Golden Gate Area Master Plan and the Mir Mar PUD. The subject
property is located in Section 27, Township 48 South, Range 27 East, Collier
County, Florida.
Resolution 2009-99 Adopted - 5/0
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
Resolution 2009-96: Re-Appointing Fred N. Thomas, Jr. (w/waiving
term limit) - Adopted 5/0
B. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2009-97: Appointing David Saletko - Adopted 5/0
C. Appointment of members to the Contractors Licensing Board.
Resolution 2009-98: Appointing Patrick G. White (consumer) for the
remainder of the vacant term expiring on June 30, 2010 and Kyle E.
April 14, 2009
Page 5
Lantz (roofing contractor) w/waiving a residency requirement for the
remainder of the vacant term expiring on June 30, 2011 - Adopted 5/0
D. Discussion regarding the recommendation of the Productivity Committee
that the Board of County Commissioners explore Charter Government to
achieve significant cost-savings through the consolidation of major functions
(Commissioner Coyle).
To authorize the Productivity Committee to check into it - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners (BCC) direct
staff on the preferred process to be used to administratively extend the
sunsetting date for all PUDs that have sunsetted or that are approaching its
established sunsetting date. (Joseph K. Schmitt, Administrator, CDES)
Approved option #4 - 5/0
B. Recommendation to award Bid #09-5199 including Alternate No. 1 for
construction of Palm River Estates Unit 5 N-S Stormwater Improvements,
Project No. 510301, to Stahlman - England Irrigation, Inc. in the amount of
$348,269.11 plus a ten percent contingency and approve necessary budget
amendment. (Jerry Kurtz, Principal Project Manager)
Motion to approve w/stipulations: put up a fence and access gate (and to
check and verify easements) - Approved 5/0
C. This item to be heard at 11:30 a.m. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve a Developers
Contribution Agreement (DCA) between Kite Eagle Creek II, LLC, KRG
Eagle Creek IV, LLC, KRG 951 & 41, LLC, ABC Liquors, Inc., RealtyNet
Real Estate, LLC and Habitat for Humanity of Collier County, Inc., (The
Developers) and Collier County to fund construction improvements to the
intersection of US-41 and SR/CR-951. (Nick Casalanguida, Transportation
Planning Manager)
Approved w/changes recommended as presented by staff - 5/0
D. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners approve budget amendments associated with
proposed midyear FY 2009 budget reductions totaling $7,235,800 within the
April 14, 2009
Page 6
General Fund (001) due to anticipated reductions in actual property tax
receipts, state shared revenues and sales tax revenue.
Approved - 5/0
E. Recommendation to approve the Report and Recommendations of the
Productivity Committee relating to their study and evaluation ofthe
methodology, reasonableness, and competitiveness of the invoices received
from the Clerk. (Len Price, Administrative Services Administrator)
Motion for staff to approach the Clerk with Inter10cal Service
Agreements for the seven recommendations of services and to bring
back to the BCC at the first meeting in May and at that time make the
decision to take questions to the Attorney General (if necessary)
Approved 5/0
Moved from Item #I6E5 (Per Commissioner Henning during Agenda Changes)
F. Report and Ratify Staff-Approved Change Orders and Changes to Work
Orders to Board-Approved Contracts
Approved w/corrections made - 5/0
Moved from Item #I6B13 (Per Commissioner Henning during Agenda Changes)
G. Recommendation to approve Amendment to February 24, 2009,
Memorandum of Agreement between Florida Department of Environmental
Protection (FDEP), through its Office of Coastal and Aquatic Managed
Areas (CAMA), and Collier County; and to approve an initial work order for
$299,012.00 on a project to not exceed $500,000.00 in available grant funds
to be reimbursed to the County by FDEP to make hydrologic restoration
improvements on Shell Island Road.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Linda Griffon ~ On behalf of Embarq Corp. against approval of the "as
built" plan costs
B. Kenneth Thompson - regarding Code Enforcement issues at his
neighborhood
12. COUNTY ATTORNEY'S REPORT
Continued to the May 12,2009 BCC Meeting (Per Agenda Change Sheet)
April 14, 2009
Page 7
A. 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, APRIL 14,2009, 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, Litigation
Section Chief Jacqueline Hubbard, and outside counsel Theodore L. Tripp,
Jr., Esq., will be in attendance. The Board in executive session will discuss:
Settlement negotiations 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.
Continued to the May 12,2009 BCC Meeting (Per Agenda Change Sheet)
B. For the Board of County Commissioners to provide direction to the County
Attorney regarding strategy related to settlement negotiations 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.
Moved from Item #I6K5 (Per Agenda Change Sheet)
C. Request that the Board of County Commissioners review and approve the
County Attorney's recommendation to waive any potential ethics conflict for
a Parks and Recreation Advisory Board member based on Ch. 112, Florida
Statutes.
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Coletta - Requested Transportation Staff time to assist
w/report for access rights from US29 and US4I for the May MPO
Meeting - Consensus
B. Commissioner Henning - Affordable Housing Agreements and their
status in regards to payment
April 14, 2009
Page 8
C. Commissioner Henning - Dishonored checks: are they being sent to the
State Attorney's Office
D. Commissioner Henning - Water Heaters installation & replacement in
regards to the need for a permit and CO
E. Commissioner Coyle - Happy Birthday to Commissioner Fiala
F. Commissioner Halas - Looking forward to County Manager Jim Mudd
to getting better and getting back to work soon
G. Commissioner Fiala - For staff & Commissioners to work with the
public with Public Petitions
H. Commissioner Fiala - County Preference Policy including Lee County;
wants to see more Collier people working
I. Motion to Adjourn - Approved 4/0 (Commissioner Henning 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 and/or Adopted w/changes - 4/1 (Commissioner Henning opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Players Cove.
W /release of any Utilities Performance Security
2) To accept final and unconditional conveyance of the water and utility
facility for Alden Woods.
W /release of any Utilities Performance Security
3) Recommendation to approve final acceptance of the water and sewer
utility facility for Moorgate Point.
W /release of any Utilities Performance Security
4) To accept final and unconditional conveyance of the water utility
facility for Omni II.
W /release of any Utilities Performance Security
April 14, 2009
Page 9
5) To accept final and unconditional conveyance of the water utility
facility for Millers Alehouse at The Promenade at Naples Centre.
W /release of any Utilities Performance Security
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bristol Pines, Phase I with
the roadway and drainage improvements being privately maintained.
Resolution 2009-83
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Bellagio at Fiddlers Creek
with the roadway and drainage improvements being privately
maintained.
Resolution 2009-84
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. Recommendation to approve
for recording the final plat of Alligator Alley Commerce Center Phase
Two.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the final approval letter
9) Recommendation that the Board of County Commissioners (Board)
approve a Stormwater Management Release statement to fulfill a
requirement of the Youth Haven SDP approval.
To cover claims of third parties related to off-site impacts
10) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Cortile at Mediterra Parcel 118
Replat.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the final approval letter
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. Recommendation to
approve for recording the final plat of Heritage Bay, Lions Bay Court
April 14, 2009
Page 10
Replat.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the final approval letter
Continued to the May 12,2009 BCC Meeting (Per Agenda Change Sheet)
12) Recommendation that the Board of County Commissioners endorse
recommended amendments to the Code Enforcement Boards Rules
and Regulations.
13) Recommendation to accept a proposed settlement offer providing for
Compromise and Release of Lien in the Code Enforcement Action
relating to property located at 2946 45th Avenue NE, Collier County,
Florida.
To release a $25,959.32 lien in exchange for payment of $13,000
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Easement Agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
1626RDUE) required for the Vanderbilt Beach Road Extension
Project. (Project No. 60168 - Phase II.) Estimated Fiscal Impact:
$8,600.00.
Subject property consists of 2.73 acres with a single family home
in Golden Gate Estates
2) Recommendation that the Board of Collier County Commissioners
approve award of Bid #09-5161, Purchase and Delivery of Metal and
Polyethylene Pipe to Ferguson Waterworks, Coast Pump and Supply
Co., Contech Construction Products, Inc., HD Supply Waterworks
Inc. and Metal Culverts, Inc. for an estimated annual expenditure of
$50,000.
3) Recommendation to recognize and accept revenue for Collier Area
Transit in the amount of $23,900.00 and to approve needed budget
amendments.
Payment by Sembler Family Partnership LTD #41 for
construction of a CAT bus shelter to meet their conditions of the
Brooks Village CPUD
April 14, 2009
Page 11
4) Recommendation to approve a budget amendment in the amount of
$57,349.72 for Traffic Accident Reimbursements, project #60076.1,
and to recognize revenues for future repairs.
To replace damaged plant material and broken irrigation
components due to traffic accidents
5) Recommendation that the Board of County Commissioners reject Bid
#09-5218 Golden Gate Overpass (Bears Paw Trail to Livingston
Road) Landscape Maintenance.
Due to bidders omitting required information regarding their
qualifications
6) Recommendation to award Bid #09-5089 "Lely Golf Estates MSTU
Roadway Grounds Maintenance" to Florida Land Maintenance, Inc.
d/b/a Commercial Land Maintenance, Inc. in the estimated annual
amount of $75,233.00.
Initial contract period is for one year with three one year
renewals
7) Recommendation to award Bid #09-5189 Forest Lakes MSTU
Projects F45/F50 Drainage Swale Repair & Restoration to Earth Tech
Enterprises, Inc. in the amount of $122,450.00
8) Recommendation to approve the purchase of 5 acres of unimproved
property which is required for the construction of a storm water
retention and treatment pond for Phase II of the Vanderbilt Beach
Road Extension Project. ($150,950)
(Project #60168, Phase II) Located at 10th Avenue NE, Unit 18 in
Golden Gate Estates
9) Recommendation to Award Bid #09-5185 for Preparation and
Delivery of Title Commitments and Real Estate Closing Services.
For prospective right-of-way and other land acquisitions and to
execute separate agreements with all 9 firms listed in the
Executive Summary
10) Recommendation that the Board of Collier County Commisioners
approve award of Bid #09-5173, "Landcare Services for Road and
Bridge" to Caribbean Lawn & Garden of SW Naples FL, Inc. and
Eden Landscaping, Inc. for an estimated annual expenditure of
April 14, 2009
Page 12
$300,000.
For rural non-curb and gutter mowing and litter removal
11) Request for authorization for staff to bring to the Board a proposed
amendment to Ordinance No. 92-40, as amended, which created the
Immoka]ee Beautification Municipa] Service Taxing Unit, to expand
the boundaries to match the urban boundary within current Immoka]ee
Community Redevelopment Agency (lCRA) boundaries.
Expansion will increase district's taxable value base and increase
property tax dollars for the 2010 tax year
12) Recommendation for the Board of County Commissioners to approve
expenditures for capita] improvements within the Naples Production
Park and Pine Ridge Industrial Park Municipal Service Taxing Units
(MSTUs).
The access points, roadways and drainage systems do not meet
county standards and were not designed to manage their needs at
build out
Moved to Item #10G (Per Commissioner Henning during Agenda Changes)
13) Recommendation to approve Amendment to February 24,2009,
Memorandum of Agreement between Florida Department of
Environmenta] Protection (FDEP), through its Office of Coastal and
Aquatic Managed Areas (CAMA), and Collier County; and to approve
an initial work order for $299,0]2.00 on a project to not exceed
$500,000.00 in available grant funds to be reimbursed to the County
by FDEP to make hydrologic restoration improvements on Shell
Island Road.
C. PUBLIC UTILITIES
1) Recommendation to approve a Work Order under Contract #07-4088
Trenchless Sewer System Rehabilitation Contracting Services in the
amount of $692,225.00 to Miller Pipeline Corporation to complete the
rehabilitation of the sewer lines in North Nap]es (Area 1-4); Project
#73050.
To enhance the performance of the wastewater collection system
by eliminating Inflow and Infiltration to the sanitary sewers and
manholes
April 14, 2009
Page 13
2) Recommendation that the Board of County Commissioners approve
an amendment to the Florida Innovative Waste Reduction and
Recycling Grant, School Beverage Container Recycling Challenge
Program grant agreement IG8-07, from the Florida Department of
Environmental Protection (Grant Agreement) to recognize the
signature of the current Chairman of the Collier County Board of
County Commissioners (BCC).
3) Recommendation that the Board of County Commissioners approve
an amendment to the Florida Innovative Waste Reduction and
Recycling Grant, Collier County Seasonal and Year Round Business
How to Recycle Videos grant agreement IG8-09, from the Florida
Department of Environmental Protection to recognize the signature of
the current Chairman of the Collier County Board of County
Commissioners (BCC).
4) Recommendation to approve a Resolution of the Board of County
Commissioners, expressing opposition to proposed Florida House Bill
5121, which would impose a new solid waste disposal "tipping fee" of
$1.25 per ton on any owner of a permitted solid waste facility for solid
waste disposed at the disposal site.
Resolution 2009-85
D. PUBLIC SERVICES
1) Recommendation for the Board of County Commissioners to accept
funding from South Florida Water Management District (SFWMD) in
the amount of $20,000.00 for the Florida Yards & Neighborhood
Program managed by the Collier County University of Florida/IF AS
Extension Department, and approve a budget amendment in the
amount of $20,000.00.
To expand and increase resource conservation education,
specifically water conservation
2) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign, five (5) Developer lien
agreements for deferral of 100% of Collier County impact fees for
owner-occupied affordable housing units located in Collier County.
Deferring $119,926.50 in Impact Fees for Habitat for Humanity's
Naples Manor Addition
April 14, 2009
Page 14
3) Recommendation to authorize acceptance of the conveyance ofa
Sovereignty Submerged Lands Easement from the Board of Trustees
of the Internal Improvement Trust Fund of the State of Florida for the
Collier Boulevard Boating Park at a total cost not to exceed $129.00,
Project #800711.
To expand the current 19 trailer spaces to 88 trailer spaces
4) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #08DB-D3-09-21-01-A03
between the Florida Department of Community Affairs (DCA) and
Collier County for hurricane hardening projects.
For the purchase and installation of roofing materials and
hurricane windows and exterior doors for four new transitional
housing units for the Shelter for Abused Women of Collier
County
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, eight (8) owner-occupied lien
agreements for deferral of 100% of Collier County impact fees for
owner-occupied affordable housing dwelling units located in Collier
County.
For past deferrals of $156,910.18 in Impact Fees for transferring
deferrals from builder to owner for Habitat for Humanity's Trail
Ridge Development
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.
As detailed in the Executive Summary
7) Recommend that the Board of County Commissioners approve and
authorize the Chairman to sign an Interlocal Agreement for Beach
Maintenance between Collier County, the City of Marco Island, and
Hideaway Beach District.
Reimbursements expected to be between $6,000 and $9,000
annually
April 14, 2009
Page 15
Withdrawn (Per Agenda Change Sheet)
8) Recommendation that the Board of County Commissioners award bid
#09-5221, Modular Homes for Housing and Human Services
Department, to Idyll Construction, Inc. in the amount of$344,259.00
to provide replacement homes using Disaster Recovery Initiative
funds to four (4) citizens whose homes were severely damaged as a
result of Hurricane Wilma.
9) Recommendation for the Board of County Commissioners to award
RFP No. 08-5128 for the provision of Pharmacy Services for the
Social Services Program to Sunshine Pharmacy, Inc. and Collier
Health Services.
To serve the Immokalee and Greater Naples areas
10) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #07DB- 3 V -09-21-0 1-Z0 1
between the Florida Department of Community Affairs (DCA) and
Collier County for hurricane hardening projects delayed due to
permitting issues. This modification will update work schedules on
file with the DCA for each project with this grant.
11) Recommendation for the Board of County Commissioners to approve
the award of Bid #09-5163 to the lowest qualified and responsive
bidder Professional Building Systems, for the construction contract of
the Conner Park parking lot Expansion Project #90039.1 for
$180,419.00.
E. ADMINISTRATIVE SERVICES
1) Recommendation that the BCC recognize the receipt of $11.89 from
Nationwide Retirement Solutions and authorize the Human Resources
Department to accept future similar settlement checks.
Due to a settlement of an administrative proceeding by the
Securities and Exchange Commission
2) Recommendation that the Board of County Commissioners adopt a
resolution supporting the creation of a specialty license plate that
would recognize the contributions of West Point graduates and
April 14, 2009
Page 16
enlighten others with an awareness of the educational and career
opportunities that West Point offers.
Resolution 2009-86
3) Recommendation to approve the Milano Preserve Final Management
Plan under the Conservation Collier Land Acquisition Program
Consisting of 18.46 acres, located on the north side of Immokalee
Road and approvimately 2.10 miles east of 1-75
4) Recommendation to approve a Resolution authorizing the Chairman
of the Board of Collier County Commissioners (BCC) to execute a
Statutory Deed for the conveyance of County-owned property (mobile
home sites) within the Bayshore/Gateway Community Redevelopment
area to the Collier County Community Redevelopment Agency
(CRA); and waive any code enforcement penalties levied against the
property that are not associated with costs incurred by the County
Code Enforcement Department to abate the violations: Site Address
3155 & 3175 Karen Drive. (Companion to Item #16G5)
Resolution 2009-87
Moved to Item #IOF (Per Commissioner Henning during Agenda Changes)
5) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
6) Correct Scrivener's Error in Purchasing Policy regarding the hiring of
legal experts and consultants pertaining to on-going litigation.
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-88
2) Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, in support ofa Seminole
Indian Gaming Compact which includes a revenue sharing agreement
with affected local governments that would provide five (5) percent of
casino revenues directly to affected local governments to offset
April 14, 2009
Page 17
impacts to infrastructure.
Resolution 2009-89
3) F or the Board of County Commissioners to approve the submittal of a
Grant Application to Visit Florida in the amount of $5,000 to offset
some of the cost of a Cultural Arts brochure for Collier County and
authorize the Tourism Director to sign the grant application.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
Board review and approve the Bayshore Gateway Triangle CRA
Goals and Objectives for 2009.
2) Recommendation that the Board of Collier County Commissioners
acting as the governing body of the Bayshore Beautification
Municipal Services Taxing Unit (MSTU) approve a Resolution
accepting the donation of plant materials from American Farms for
the beautification of public right-of-ways within the Bayshore
Beautification Municipal Service Taxing Unit Area.
CRA Resolution 2009-90
3) Request that the Collier County Redevelopment Agency Board
approve the attached Commitment of Funds Agreement for the
reimbursement of$300,000.00 for infrastructure development costs to
Florida Non Profit Services, Inc. for the rental housing portion (176
rental units) of the affordable housing project known as Esperanza
Place, located in the Immokalee Community Redevelopment Area at
2702 Immokalee Drive, Immokalee.
4) Request that the Collier County Redevelopment Agency Board
approve the attached Commitment of Funds Agreement for the
reimbursement of $300,000.00 for infrastructure development costs to
Empowerment Alliance of Southwest Florida Community
Development Corporation for the homeownership portion (62 owner
occupied units) of the affordable housing project known as Esperanza
Place, located in the Immokalee Community Redevelopment Area at
2702 Immokalee Drive, Immokalee.
April 14, 2009
Page 18
5) Recommendation that the Community Redevelopment Agency (CRA)
accept the conveyance of County-owned property (mobile home sites)
within the boundaries of the Bayshore/Gateway Triangle
Redevelopment area to enact the residential infill provision of the
CRAs Master Redevelopment Plan; direct CRA staff to record an
executed Statutory Deed from the County; and approve payment and
authorize the CRA Executive Director to make payment from the
Bayshore Gateway Triangle CRA Fund 187 for all cost and expenses
necessary to close the transaction and insure clear title of same: Site
address 3155 & 3175 Karen Drive. (Companion to Item 16E4)
For property acquired as a result of outstanding liens and fines
levied on the properties by Code Enforcement Department
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended an Event Honoring Jonathan Green on March 23, 2009 at
the Naples Bay Resort Yacht Club in Naples, FL. $50.00 to be paid
from Commissioner Fiala's travel budget.
Located at 1500 Fifth Avenue South
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Know Your County Government Luncheon on March
24, 2009 at the East Naples United Methodist Church in Naples, FL.
$10.00 to be paid from Commissioner Fiala's travel budget.
Located at 2701 Airport Road
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Junior Deputies Barbeque on April 18, 2009 at the
East Naples United Methodist Church in Naples, FL. $35.00 to be
paid from Commissioner Fiala's travel budget.
Located at 2701 Airport Road
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Project Innovation Initiatives luncheon meeting on
Wednesday, March 18,2009 at the Economic Development Council
April 14, 2009
Page 19
(EDC) office in Naples, Florida $6.00 to be paid from Commissioner
Coletta's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Annual Meeting of the Everglades Society for Historic
Preservation on Tuesday, March 3, 2009, at the Seafood Depot in
Everglades City, Florida. $12.49 to be paid from Commissioner
Coletta's travel budget.
6) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the celebration of The Gordon River Greenway on
Wednesday, April 8,2009, at The Plaza on Third Street South in
Naples, Florida. $50.00 to be paid from Commissioner Halas' travel
budget.
7) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the 2009 Gala & Auction for the Foundation for the
Developmentally Disabled on Saturday, February 21,2009, at the
Naples Beach Hotel & Golf Club in Naples, Florida. $125.00 to be
paid from Commissioner Coletta's travel budget.
Located at 851 Gulfshore Blvd. N
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 March
14,2009 through March 20, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of March
21, 2009 through March 27, 2009 and for submission into the official
records of the Board.
April 14, 2009
Page 20
3) Recommend that the Board of County Commissioners approve the use
of Confiscated Trust Funds for Drug Abuse Education and Prevention.
Sheriff's office is requesting $20,000 to benefit Collier's youth and
families in supporting the Substance Abuse Coalition of Collier
County (SACCC)
4) Recommend that the Board of County Commissioners designate the
Sheriff as the Official Applicant and Program Point-of-Contact for the
United States Department of Justice (DOJ), Office of Justice
Programs', Bureau of Justice Assistance (BJA), American Recovery
and Reinvestment Act of2009 (The "Recovery Act") Edward Byrne
Memorial Justice Assistance Grant (JAG) Program, accept the grant
when awarded, approve applicable budget amendments, and approve
the Collier County Sheriffs Office to receive and expend the
$547,316 payment of Recovery Act JAG Grant Funds.
As detailed in the Executive Summary
5) Recommendation that the Board of County Commissioners of Collier
County approve a Budget Amendment 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.
Approximately $84,270.00 will be billed to the Golden Gate Fire
and Rescue Control District for the cost
6) To obtain Board approval for disbursements for the period of March
28,2009 through April 3, 2009 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 $154,900 for Parcels 110 & 710 in the lawsuit styled
Collier County v. Regions Bank, et aI., Case No. 07-3641-CA (Collier
Boulevard Project #60001). (Fiscal Impact $ .00.)
For a 6,360 square foot parcel to be used for road right-of-way
and a temporary construction easement
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $75,000 for Parcels 123 and 823 in the lawsuit styled
April 14, 2009
Page 21
Collier County v. John J. Yaklich, et. aI., Case No. 03-2259-CA
(Golden Gate Parkway Project No. 60027). (Fiscal Impact $115,825.)
For a .216 total acre parcels to be used for a perpetual road right-
of-way, drainage and utility easement
3) The Office of the County Attorney submits for the Boards review
Jerry Blocker and Kimberlea Blockers Offer of Judgment in Case No.
08-9355-CA, pending in the Twentieth Judicial Circuit in and for
Collier County. (The County Attorney recommends that the Board
take no action on this Offer.)
4) Recommendation that the Board of County Commissioners accepts a
Settlement Offer in the sum of$840,125.04, and authorize the
Chairman to execute a Settlement Agreement, Release and
Satisfaction, a Release of Lis Pendens, and a Conveyance of Contract
Rights with and to LEHMAN HOUSING TAX CREDIT FUND VII,
L.P., that settles in full the litigation styled as Board of County
Commissioners v. CEI/Kensington, et al. 08-07625-CA, now pending
in the Circuit Court for the Twentieth Judicial Circuit in and for
Collier County, Florida, direct all the documents to be recorded in the
Official Records of Collier County, Florida, and direct the County
Attorney to take whatever additional action is necessary to implement
this Settlement.
To obtain payment of past-due deferred impact fees owed by
SaddlebrooklPelican Point Phase 1
Moved to Item #12C (Per Agenda Change Sheet)
5) Request that the Board of County Commissioners review and approve
the County Attorneys recommendation to waive any potential ethics
conflict for a Parks and Recreation Advisory Board member based on
Ch. 112, Florida Statutes.
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
April 14, 2009
Page 22
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 ex parte disclosure be provided by Commission
Members. Should a hearinl!: be held on this item. all participants are
required to be sworn in. Recommendation to approve Petition A VESMT-
2008-AR-14016, Fiddlers Creek Phase 4, Unit 2, to disclaim, renounce and
vacate the Countys and the Publics interest in two 15-foot wide drainage
easements along the lot lines of Lots 7 & 8 and Lots 13 & 14 in Block A, of
Fiddlers Creek Phase Four, Unit Two as filed in Plat Book 45, Pages 40-47
of the Public Records of Collier County, Florida, being more specifically
depicted and described in Exhibit A and to accept three replacement
drainage easement areas over Lots 6 & 7 and 14 & 15 and Lot 22, Block A
as shown on Exhibit B, all being situated in Section 11 and 14, Township 51
South, Range 26 East, Collier County, Florida.
Resolution 2009-91
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2008-AR-13664
Port of the Islands Community Improvement District, represented by Robert
L. Duane, AICP, of Hole Montes, Inc., is requesting three (3) sign variances.
The first sign variance is from Land Development Code (LDC) Subsection
5.06.04 C.16.b.i. which allows a maximum sign area of 12 square feet for an
off-premise directional sign to allow a 32 +/1 square foot off-premise sign.
The second variance is from LDC Subsection 5.06.04 C.16.b.v. which
requires a sign to be located within 1,000 lineal feet of the intersection of the
road serving the use to allow greater distances of up to 6,000 lineal feet for
up to 10 uses. The third sign variance is from LDC Subsection 5.06.04
C.16.c which requires a sign to be located to no closer than 50 feet from a
residentially zoned district to allow a lesser distance of23 feet. The subject
property is located on the north side of U.S. 41 in Section 9, Township 52
South, Range 28 East, Collier County, Florida.
Resolution 2009-92
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV -2008-AR-13665
Port of the Islands Community Improvement District, represented by Robert
April 14, 2009
Page 23
L. Duane, AICP, of Hole Montes, Inc. is requesting a Sign Variance from
LDC Subsection 5.06.04 C.16.b.i. which allows a maximum sign area of 12
square feet to allow a 64-square foot off-premise sign at the Port of the
Islands. The subject property is located in the Port of the Islands at the
intersection of Tamiami Trail East (U.S. 41) and Newport Drive in Section
9, Township 52 South, Range 28 East, Collier County, Florida. (CTS)
Resolution 2009-93
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SY-2008-AR-13960
Port of the Islands Community Improvement District, represented by Robert
L. Duane, AICP, of Hole Montes, Inc., is requesting a Sign Variance from
LDC Subsection 5.06.04 C.16.b.i., which allows a maximum sign area of 12
square feet, to allow an 18-square foot off-premise sign at the Port of the
Islands in the median of Cays Drive (south ofU. S. 41) 18 S.F. in area with
sign copy and logo designation the Port of the Islands Cays Drive. The
subject property is located in the Port of the Islands at the intersection of
Tamiami Trail East (U. S. 41) and Cays Drive in Section 9, Township 52
South, Range 28 East, Collier County, Florida. (CTS)
Resolution 2009-94
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-95
F. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2001-55, as amended (the Advisory
Board Ordinance), by eliminating term limits and the restrictions on
simultaneous service on more than two County Boards, and in addition,
deleting the provision entitled "Review of Boards" in its entirety.
Ordinance 2009-16
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Henning out)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
April 14, 2009
Page 24