Recap 04/28/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
April 28, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; 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 PRESENT A TION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
April 28, 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 IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCA TION AND PLEDGE OF ALLEGIANCE
A. Pastor Dennis Harten, St. Elizabeth Seton Catholic Church
2. AGENDA AND MINUTES (One motion was taken to approve Items #2B,
#2C, #2D and #2E)
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. March 10, 2009 - BCC/Regular Meeting
Approved w/changes - 5/0
C. Amendment to the previously approved March 10, 2009 minutes to correct
the transcript to comments made by Laurie Mitchell during public comment
that read on two occasions: "My neighbor seems unstable" that should read
"My neighbor seems unstoppable."
Approved w/changes - 5/0
D. March 24, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
April 28, 2009
Page 2
E. March 27,2009 - BCC/Airport Authority Workshop
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS (One motion was taken to adopt all proclamations
except for Item #4E)
A. Proclamation congratulating Mario Lanciani, CEO; Jack Morgan, Project
Manager; Clay Cross, Project Engineer; Carla Morgan, and all the staff of
Astaldi Construction Corporation for their outstanding green business
practices and continued efforts to promote waste reduction and recycling.
Their green team promotes environmental awareness and sets a positive
example for others. Their initiatives will have a significant effect on
sustaining the usable life of the Collier County Landfill and protecting the
environment.
Adopted - 5/0
B. Proclamation designating May, 2009 as Motorcycle Safety Awareness
Month. To be accepted by Russ Ueeck, President, Gator Alley Chapter,
Darrin Brooks, Secretary and Legislative Trustee, Gator Alley Chapter, Tina
Loy, State Delegate, Gator Alley Chapter, Rick Loy, State Delegate, Gator
Alley Chapter and Dave Rich, PR Trustee, Gator Alley Chapter.
Adopted - 5/0
C. Proclamation designating April 28, 2009 as Norman Nadel Day, in
celebration of Older Americans Month. To be accepted by Norman Nadel.
Adopted - 5/0
D. Proclamation congratulating Collier County Health Department and Collier
County CDES Departments for their exemplary efforts in striving to make
the Immokalee Housing Initiative the success it has been. To be accepted by
Dr. Joan Colfer, Nancy Frees, Kitchell Snow and the team from Immokalee
Code Enforcement, Alamar Finnegan, and Wanda Warren.
Adopted - 5/0
E. Proclamation designating May 8, 2009 as the 85th anniversary of the date
Collier County was created. To be accepted by Browns and Robert's Family
members from Immokalee, Storters from Everglades, John Morgan, Marco
Island, Collier family representatives from Mile's side and Judy's side, Sam
April 28, 2009
Page 3
Colding for HWY 29, Lavern Norris Gaynor, and Mary Watkins, NBYH
Ambassador honoring these pioneering families.
Adopted - 5/0 (86th anniversary per Commissioner Fiala)
F. Proclamation designating May 3rd through May 9th, 2009 as Collier County
Firefighter Appreciation Week. To be accepted by Jim Squitteri, MDA
Coordinator, Golden Gate Fire Department.
Adopted - 5/0
G. Proclamation designating May 6 through May 12,2009 as National Nurses
Week 2009. To be accepted by Karleen Hanna, Carolyn Kloosterhouse, Pat
Market, Denise McNulty, Judy Nuland, Jackie Perrine and Elaine Wade.
Adopted - 5/0
H. Proclamation designating May 17 through May 23,2009 as National
Association ofInsurance Women Week. To be accepted by Belinda Zivich.
Adopted - 5/0
I. Proclamation designating May, 2009 as Jill and Dan Burzynski Month in
recognition of their unique scholarship program linking Naples High School
students with area assisted living facility residents. To be accepted by Jill
and Dan Burzynski.
Adopted - 5/0
J. Proclamation designating Tourism Week in Collier County. To be accepted
by Jack Wert.
Adopted - 5/0
K. Proclamation designating April 26, 2009 through May 2, 2009 as Collier
County Crime Victims' Rights Week. To be accepted by Lorie Eash, Collier
County Sheriff's Office, Shaina Hicks, Project Help and Betty Ardaya, State
Attorney's Office.
Adopted - 5/0
5. PRESENTATIONS
A. Project Manager, Jack Morgan of Astaldi Construction Corporation will
provide updated information on the construction of a new 6-1ane highway
between Rattlesnake Hammock Road and Davis Blvd. linking Polly Avenue
to the existing Santa Barbara Boulevard. Project includes roadwork, utility
April 28, 2009
Page 4
lines, street-lighting, sidewalks, drainage ponds, and LASIP canal work.
Presented
Added (Per Agenda Change Sheet)
B. Presentation regarding the Swine Flu outbreak, by Dr. Joan Colfer, Collier
County Public Health Director. (Staffrequest.)
Presented an update and precautionary measures to take;
collierprepares.org and Hotline Number: 239-252-6220
6. PUBLIC PETITIONS
A. Public petition request by Jane Billings of the Leadership Council on Aging,
and Kathleen Passidomo of the Senior Friendship Center, to discuss lease of
the Golden Gate Library.
Motion to advertise and bring back to the May 26, 2009 BCC Meeting -
Approved 4/1 (Commissioner Henning opposed)
B. This item to be heard in coni unction with Item #8C. Public petition
request by Linda Griffin to discuss permitting requirements for as-builts of
underground facilities.
Discussed with Item #8C
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item reauires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDA-2007-AR-
11546: Longshore Lake Foundation, Inc., represented by Robert L. Duane,
AICP of Hole Montes, Inc., requesting a Planned Unit Development (PUD)
Amendment to Longshore Lake PUD Ordinance No. 93-3, Section 3.2 B. to
allow an off premise sign for Saturnia Falls (aka Terafina PUD) in
Longshore Lake Unit 5C, Tract B; or, in the alternative to allow the off-site
premise sign to become an on-site premise sign for Longshore Lake; to
reinsert partially omitted Traffic Requirements: Section 5.2, Stipulations
subsection 2; to reinsert omitted Traffic Requirements: Section 5.2,
Stipulations subsections 3 and 4; and to add Section 8: Deviations. The
subject sign is located on a .5 acre property located on the southeast corner
April 28, 2009
Page 5
of the Longshore Lake PUD, at the northwest corner of the intersection of
Immokalee Road (CR 846) and Logan Boulevard in Section 20, Township
48 South, Range 26 East, Collier County, Florida. (CTS)
Motion to approve w/CCPC recommendations - Failed 3/2
(Commissioner Coyle and Commissioner Halas opposed); Motion to
reconsider - Approved 4/1 (Commissioner Halas opposed);
Ordinance 2009-20: Motion to approve w/CCPC recommendations
Adopted - 4/1 (Commissioner Halas opposed)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-A-2007-AR-
12046: 1M Collier Joint Venture, represented by Richard D. Yovanovich,
Esq., ofGoodlette, Coleman, Johnson, Yovanovich & Koester, P.A., and
Wayne Arnold, of Q. Grady Minor and Associates, is requesting a rezone of
the Mirasol PUD from the Planned Unit Development (PUD) zoning district
to the Residential Planned Unit Development zoning district (RPUD) to
remedy the sunsetted status of the project in compliance with LDC Section
I 0.02.13.D.6. The number of dwelling units originally approved, 799
dwelling units, is not proposed to change. Ordinance No. 01-20 will be
repealed and a five acre tract will revert to Agricultural zoning. The subject
1,543 acre tract is located on the north side of Immokalee Road, bordered on
the east by Broken Back Road and future Collier Boulevard in Sections 10,
15 and 22, Township 48 South, Range 26 East, Collier County, Florida.
(CTS)
Ordinance 2009-21 Adopted w/stipulations - 4/1 (Commissioner Fiala
opposed)
C. This item to be heard in coni unction with Item #6B. Recommendation
that the Board of County Commissioners approve amending Ordinance No.
2003-37 (Construction in the Public Rights-of-Way), as amended.
Ordinance 2009-19 Adopted as amended by Transportation - 4/1
(Commissioner Fiala opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Health Facilities Authority.
Resolution 2009-108: Re-appointing George Mohlke and N. Rex Ashley
- Adopted 4/0 (Commissioner Coyle absent)
April 28, 2009
Page 6
B. Appointment of members to the Collier County Coastal Advisory
Committee.
Resolution 2009-109: Re-appointing Anthony Pires and John Sorey; and
appointing Joseph Moreland - Adopted 4/0 (Commissioner Coyle
absent)
C. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2009-110: Appointing James E. Lavinski (currently an
alternate and fulfilling the remainder of a vacant term expiring
February 14, 2011) and Nicolas Pierre Hemes; appointing Herminio
Ortega as an alternate (for the remainder of the term expiring February
14,2010 - Adopted 4/0 (Commissioner Coyle absent)
D. Appointment of member to the Haldeman Creek Maintenance Dredging
Advisory Committee.
Resolution 2009-111: Appointing Stephen C. Main - Adopted 4/0
(Commissioner Coyle absent)
E. Appointment of members to the Horizon Study Oversight Committee.
Resolution 2009-112: Appointing Diana A. Watson, William L.
McDaniel Jr., and David H. Farmer; appointing Nicolas Pierre Hemes
as the alternate - Adopted 3/1 (Commissioner Henning opposed and
Commissioner Coyle absent)
F. Appointment of members to the Land Acquisition Advisory Committee.
Resolution 2009-113: Appointing Annisa Karim (term expiring
February 11,2012) and Robert W. Dorta (term expiring February 11,
2010) - Adopted 4/0 (Commissioner Coyle absent)
G. Appointment of member to the Water and Wastewater Authority.
Resolution 2009-114: Re-appointing Lowell Lam - Adopted 4/0
(Commissioner Coyle absent)
H. Appointment of member to the Library Advisory Board.
Resolution 2009-115: Appointing Gina D. Downs - Adopted 4/0
(Commissioner Coyle absent)
10. COUNTY MANAGER'S REPORT
Added (Per Agenda Change Sheet)
April 28, 2009
Page 7
A. Recommendation that the Board of County Commissioners adopt a
Resolution in opposition to drilling for natural gas and oil within three miles
of the shoreline of Florida.
Tabled item
Resolution 2009-117 Adopted as amended - 4/1 (Commissioner Henning
opposed)
Moved from Item #16D3 (Per Agenda Change Sheet)
B. Recommendation to approve a resolution adopting the Collier County HUD
One Year Action Plan for FY 2009 - 2010 for Community Development
Block Grant (CDBG), Home Investment Partnerships (HOME), American
Dream Downpayment Initiative (ADD!) and Emergency Shelter Grant
(ESG) Programs; authorize the BCC chairman to sign the approved
resolution, contract templates required HUD Certifications, SF 424
Application for Federal Assistance, and submission to HUD.
Resolution 2009-116 Adopted w/changes - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Elizabeth Fleming - Installing wildlife underpasses on high priority
transportation projects; will be discussed at the May 8th MPO Meeting -
Consensus
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Recommendation for the Community Redevelopment Agency (CRA) to
approve the purchase of an assemblage of commercial property located in
the Gateway Triangle Redevelopment Area; authorize the CRA Chairman to
execute the real estate contract; authorize the Executive Director to
coordinate with appropriate entities to secure and structure financing to
complete the sale of subject property. Site address: 6.29 acres within the
Gateway mini-triangle. (Fiscal Impact $7,500,000)(Jean Jourdan, Project
Manager, Bayshore Gateway Triangle).
Approved - 5/0
April 28, 2009
Page 8
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Deputy County Manager Ochs - Joint Meeting with Marco Island City
Council will be scheduled at a later date
B. Deputy County Manager Ochs - Update on status of the Clerk and an
inter local agreement
C. Commissioner Coletta - Suggest changing Code Enforcement name to
Code Compliance
D. Commissioner Coletta - Access to Burns Road
E. Commissioner Coletta - Working to setup an MSTU for Della Drive
and requests staff assistance
F. Commissioner Coyle - Swine Flu update requesting legislators take
precautions and respond quickly; Chairman to write letter to Governor
Crist, President Obama and the Center for Disease Control (CDC)
G. Commissioner Fiala - Wishing Jim Mudd well and everyone is thinking
of him
H. Motion to Adjourn - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Bristol Pines, Phase I.
Releasing any Utilities Performance Security (UPS)
2) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11.
Resolution 2009-101
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Ave Maria Unit Two, Park
of Commerce with the roadway and drainage improvements being
April 28, 2009
Page 9
privately maintained.
Resolution 2009-102; Releasing the Maintenance Security
4) Recommendation to award Bid #09-5193, Nuisance Abatement
Services, to Neal's Lawn and Landscaping, Inc. and Environmental
Mowing, Inc., in the estimated combined annual amount of$IOO,OOO.
For mowing property when an owner fails to comply after legal
notice and due process requirement have been met
B. TRANSPORTATION SERVICES
1) Recommendation to approve the purchase of2.5 acres of unimproved
property which is required for the construction of a stormwater
retention and treatment pond for Phase II of the Vanderbilt Beach
Road Extension Project. Project No. 60168, Phase II (Fiscal Impact:
$69,544.00).
Located on 10th Avenue NE, Golden Gate Estates
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.
Located at Immokalee Road (CR 846) from Wilson Blvd. to Rock
Road
3) Recommendation to award a construction contract to Engineer
Controls System Corp., for Bid No. 09-5176 Goodland Bridge
(030184) Repairs and Scour Remediation Project (CR 92 over Marco
Channel), in the amount of $542,998.20. Project #66066.
As detailed in the Executive Summary
4) Recommendation that the Board of County Commissioners give after-
the-fact approval for the attached Water Savings Incentive Program
grant application that was submitted to the South Florida Water
Management District (SFWMD) Agency for a Water Source
Conversion Project from Potable to Irrigation Quality Water in the
amount of$158,733.75.
Converting the irrigation water-source from potable water to
irrigation quality water on Livingston Road North Phase V
Irrigation Conversion Project (Carlton Lakes to Lee County Line)
April 28, 2009
Page 10
5) Request for authorization for the County Manager or his designee to
bring to the Board a proposed amendment to Ordinance 91-107, as
amended, which created the Forest Lakes Roadway and Drainage
Municipal Service Taxing Unit (MSTU), to amend the MSTUs
Ordinance to include providing for the installation of sidewalks and to
address beautification within its boundaries.
As detailed in the Executive Summary
6) Recommendation to approve a local governmental agreement with the
South Florida Water Management District (SFWMD) involving a
contribution of funds by the SFWMD totaling an amount not to
exceed $50,000.00 to provide assistance with construction of the
Conservancy of Southwest Florida, Inc. (Conservancy) filter marsh
project, which is adjacent to the Gordon River Greenway Park, and to
approve an agreement with the Conservancy whereby the County will
act as an agent between the SFWMD and the Conservancy for
disbursement of funds on the project and approve the necessary
budget amendment.
SFWMD will enter into a local government agreement with
Collier County to provide financial assistance to the Conservancy
for a water quality improvement project constructed by the
Conservancy of Southwest Florida
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution to approve the Satisfaction of
Lien for the Solid Waste residential account wherein the County has
received payment and said Lien is satisfied in full for the 1992 Solid
Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $28.50 to record the Satisfaction of Lien.
Resolution 2009-103
2) Recommendation to approve the Identity Theft Prevention Program
for the Collier County Water-Sewer District utility pursuant to a
ruling by the Federal Trade Commission requiring water utilities
among financial entities that must have a written plan in place by May
1,2009.
To protect against the establishment of false accounts and to
ensure existing accounts are not being manipulated
April 28, 2009
Page 11
3) Recommendation to approve the purchase and installation of two
clarifier mechanisms from Mitchell and Stark Company, Inc. in the
amount of$419,355.00 for the North County Water Reclamation
Facility (NCWRF) Technical Support Project, Number 73968.
Rehabilitating clarifiers #2 & #3 by replacing their mechanism
with a robust, reliable design that is more dependable and will
supplement clarifiers #6 through #9
4) Recommendation to approve Schedule B of the Master Agreement for
Demand Side Management and Energy Efficiency Services
Agreement with Florida Power & Light Company for the
implementation of specific energy conservation options/measures, and
to authorize the needed financing in the amount of $351 ,812.
Authorization is also requested for Public Utilities Division expanded
partnering with Florida Power & Light Company; and the added
participation in this program by other county divisions.
Realizing savings on electrical power costs while upgrading
facilities and providing utility services to meet customer demand
D. PUBLIC SERVICES
1) Recommendation to Award Bid #09-5168 Expendable Veterinary
Supplies and Equipment to three vendors including Fort Dodge
Animal Health Services, MWI Veterinary Supply and TW Medical
Veterinary on a line-by-line basis with an estimated annual
expenditure of $151 ,400.
Using veterinary supplies and equipment to provide medical care
for animals in the custody of Domestic Animal Services
2) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to sign a modification to Disaster
Recovery Grant Initiative Agreement #07DB-3V-09-21-01-Z01
between the Florida Department of Community Affairs (DCA) and
Collier County. This modification will add new activities to utilize
grant funds previously awarded St. Matthews house.
The modification will include the installation of up to 15
hurricane resistant exterior doors at the main facility and a
generator at the auxiliary emergency shelter located at 2691
Airport Road South in Naples, and the grant agreement with
April 28, 2009
Page 12
DCA will be extended six months revising the end date of June 19,
2009 to December 19, 2009
Moved to Item #10B (Per Agenda Change Sheet)
3) Recommendation to approve a resolution adopting the Collier County
HUD One Year Action Plan for FY 2009 - 2010 for Community
Development Block Grant (CDBG), Home Investment Partnerships
(HOME), American Dream Downpayment Initiative (ADD!) and
Emergency Shelter Grant (ESG) Programs; authorize the BCC
chairman to sign the approved resolution, contract templates required
HUD Certifications, SF 424 Application for Federal Assistance, and
submission to HUD.
4) Recommendation that the Board of County Commissioners approve
the after-the-fact submittal of a grant application for the East Naples
Community Center to the Hazard Mitigation Grant Program.
The work proposed includes installing hurricane shutters in
building openings and water barrier walls around the facility so it
may be used as cooling station in the event that a hurricane
disrupts power in the community for an extended period of time
5) Recommendation that the Board of County Commissioners award Bid
#09-5221, Modular Homes for Housing and Human Services, to Idyll
Construction, Inc. in the amount of$344,259.00 to provide
replacement homes using Disaster Recovery Initiative funds to four
(4) households whose homes were severely damaged as a result of
Hurricane Wilma.
Providing housing for nine individuals whose homes were severely
damaged as result of Hurricane Wilma
6) Recommendation for the Board of County Commissioners to approve
budget amendments totaling $77,999 to recognize additional funding
awarded from the Area Agency on Aging under the Older Americans
Act grant and authorize eligible expenditures prior to the execution of
the amendment.
Recognize additional grant funding awarded for the Services for
Senior's Program and expend funds prior to December 31, 2009
7) Recommendation to approve budget amendments totaling $18,465 to
recognize additional revenue awarded in the Services for Senior's
April 28, 2009
Page 13
program from the Area Agency on Aging for the State of Florida
General Revenue programs and authorize eligible expenditures prior
to the execution of the amendment.
Recognize additional grant funding awarded for the Services for
Senior's program and expend funds prior to June 30, 2009
E. ADMINISTRATIVE SERVICES
1) Recommendation to reject ITB #09-5191 for Court Reporting
Services, and extend current Bid #04-3685 for 180 days or until a new
bid is awarded.
The current agreement expires April 28, 2009
2) Recommendation that the Board of County Commissioners ratify a
deletion from the 2009 Fiscal Year Pay and Classification Plan made
from January 2, 2009 through March 31, 2009.
For a job classification that has become obsolete
3) Recommendation to award Request for Quote (RFQ) #07-0358 for the
installation and repair of fencing in various locations in Collier
County.
Awarded venders include: as Primary: Tie-County Fencing, Inc.,
Secondary: Homescape Construction, Inc., and Tertiary: BQ
Concrete, Inc.
4) Recommendation to approve a letter authorizing Emergent
Development Group, Inc. and Emergent Development Group II, LLC,
to include a County-owned property in their application to amend the
County's Growth Management Plan to add property to the existing
Randall Boulevard Commercial Subdistrict, Petition No. CP-2008-2.
Located at the corner of Randall Boulevard and 8th Street
Northeast
5) Recommendation that the Board of County Commissioners approves
an Agreement to provide an expenditure not to exceed Fifty-Four
Thousand and no/100 dollars ($54,000.00) from the GAC Land Trust
Fund to the Golden Gate Fire Control and Rescue District for the
purchase of sixteen Mobile Data Terminals.
The Equipment is the same used by Collier County dispatchers
April 28, 2009
Page 14
and will provide interoperable communication with dispatchers
during emergency situations
6) Recommendation that the Board of County Commissioners approves
an Agreement to provide an expenditure not to exceed Fifty thousand
three hundred seventy and no/lOO dollars ($50,370.00) from the GAC
Land Trust Fund to the Big Corkscrew Island Fire Control and Rescue
District for the purchase of six Mobile Data Terminals.
The Equipment is the same used by Collier County dispatchers
and will provide interoperable communication with dispatchers
during emergency situations
7) Report to the Board of County Commissioners concerning the sale
and donation of items associated with the County surplus auction held
on March 28, 2009, resulting in gross revenues of$537,062.00.
F. COUNTY MANAGER
1) Recommendation to approve and authorize the Chairman to sign a
Modification to the Fiscal Year 2009 Emergency Management
Preparedness and Assistance Grant accepting $18,834 and approve a
Budget Amendment to recognize and appropriate the revenue.
Expended (per the agreement) by the Emergency Management
Department to July 31,2009
2) Recommendation to adopt a resolution approving budget amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-104
3) Recommendation that the Board of County Commissioners give after-
the-fact approval for Collier County Governments Participation in a
Partner Agreement to be included with the Grant Proposal that was
Submitted by the Collier County School District for a Readiness and
Emergency Management for Schools Grant offered by the United
States Department of Educations Office of Safe and Drug Free
Schools.
To improve emergency management plans at district and school
building facility levels
April 28, 2009
Page 15
4) Approve budget amendments.
For funding the juvenile drug education and prevention project
not previously budgeted
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Withdrawn (Per Agenda Change Sheet)
1) Recommendation to award RFP #09-5154 to RW A, Inc. for the
purpose of updating the Bayshore Gateway Triangle CRA
Redevelopment Plan and mixed use overlays (Fiscal Impact
$263,500)
2) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area (3185
Van Buren Avenue).
3) Recommendation that the Collier County Board of County
Commissioners approve and authorize its Chairman to execute a
Resolution authorizing the Collier County Airport Authority to enter
into Master Joint Participation Agreement 2009-A with the Florida
Department of Transportation to fund projects at the Everglades
Airpark, the Immokalee Regional Airport and Marco Island Airport,
and approve associated budget amendments.
Resolution 2009-105
4) Recommendation that the Board of County Commissioners approve
and authorize the Airport Authority to utilize $140,700.99 from the
Immokalee Infrastructure Fund 497 for the reconstruction of the T-
hangar building at the Everglades Airpark damaged by Hurricane
Wilma, and associated budget amendments. Federal Aviation
Administration entitlement funds for Everglades Airpark will be
transferred to the Immokalee Regional Airport for infrastructure
projects to replace the funds used for hanger reconstruction at the
Everglades Airpark.
April 28, 2009
Page 16
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Boy Scouts toast for Leadership - Wine and Food
Festival Fundraiser on Saturday, March 21,2009, at the Bayfront in
Naples, Florida. $50.00 to be paid from Commissioner Coletta's travel
budget.
Located at 1221 Fifth Avenue South, Naples
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Eastern Collier Chamber of Commerce Breakfast on
Wednesday, April I, 2009, at the Seminole Casino in Immokalee,
Florida. $20.00 to be paid from Commissioner Coletta's travel budget.
Located 506 South 1st Street, Immokalee
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending and speaking at the Leadership Collier "Campaign for
Leadership" on April 24-25, 2009 at The Greater Naples Chamber of
Commerce Building in Naples, Florida. $35.00 to be paid from
Commissioner Coletta's travel budget.
Luncheon held at the Collier Athletic Club, 710 Goodlette Rd. N,
Naples
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Migrant Matrix X meeting on Friday, October 3,2008,
in Immokalee, Florida. $25.00 to be paid from Commissioner
Coletta's travel budget.
Held at the Guadalupe Center ofImmokalee, 211 9th Street,
Immokalee
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Italian American Club Neapolitan Night on February 22,
2009 at the Italian American Club in Naples, FL. $45.00 to be paid
from Commissioner Fiala's travel budget.
Located at 7035 Airport Rd. N., Naples
April 28, 2009
Page 17
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Rotary Club of Marco Island Spirit of Marco Island
Awards on April 17, 2009 at the San Marco Catholic Church Parish
Hall on Marco Island, FL. $45.00 to be paid from Commissioner
Fiala's travel budget.
Located at 851 San Marco Rd, Marco Island
7) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended a luncheon with members of the Pelican Bay Club Board of
Directors on Tuesday, March 3,2009, at the Pelican Bay Club in
Naples, Florida. $20.00 to be paid from Commissioner Halas' travel
budget.
Located at 707 Gulf Park Drive, Naples
8) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Annual Dinner Meeting and Installation of Collier
County Medical Staff Officers on Saturday, May 9,2009 at Grey
Oaks Country Club in Naples, Florida. $50.00 to be paid from
Commissioner Coletta's travel budget.
Located at 2400 Grey Oaks Drive, Naples
9) Proclamation designating May 7,2009 as National Day of Prayer.
Adopted
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners approve a
document for the Thirteenth Year State Criminal Alien Assistance
Program (SCAAP) Grant Funds.
Designating Sheriff Kevin Rambosk as official signing authority
2) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for time period October I,
2008 through March 31, 2009.
April 28, 2009
Page 18
3) To obtain Board approval for disbursements for the period of April 4,
2009 through April 10, 2009 and for submission into the official
records of the Board.
4) To obtain Board approval for disbursements for the period of April
II, 2009 through April 17, 2009 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Report on status of Board direction to initiate code enforcement
proceedings against Milano Recreation Association, Inc., in relation to
their refusal to allow residents of Imperial Golf Estates to access
Livingston Road, as agreed to in the PUD rezoning for Royal Palm
Academy PUD.
Milano is now in compliance and the matter is effectively
concluded
2) Recommendation that the Board of County Commissioners waive the
potential appearance of conflict in the retention of Gregory H. Woods,
Esq., as lead counsel for Collier County in the case styled G.L. Homes
of Naples Associates II, Ltd. vs. Collier County, Case No. 09-2451-
CA, in the Twentieth Judicial Circuit in and for Collier County.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Chapter 74 of the Collier County Code of Laws and
April 28, 2009
Page 19
Ordinances (The Collier County Consolidated Impact Fee Ordinance)
providing for the incorporation by reference of the impact fee study entitled
the Collier County Indexing Methodology Study, dated March II, 2009,
which is an amendment to the adopted Collier County Impact Fee Indexing
Study; amending Schedules Five through Ten of Appendix A by applying
the indexing percentages and thereby establishing the new impact fee rates
and re-organizing the layout of the schedules to a user-friendly format;
providing for re-organization of Schedules One, Three and Four in order to
provide more user-friendly format; and providing for a delayed effective
date of July 27,2009, in accordance with the 90-day notice period required
by Section 163.31801 (3)(d), Florida Statutes and the direction provided by
the Board on March 24, 2009.
Ordinance 2009-17
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. V A-2008-AR-140 17
Merit Petroleum Company, represented by Bert Thomas, is requesting five
Variances from the minimum 50-foot front yard setback requirement of
Land Development Code (LDC) Subsection 5.05.05, Automobile Service
Stations, for two gasoline pump dispenser islands and a canopy in the
General Commercial (C-4) and Main Street Overlay Subdistrict (MSOSD) to
allow a reduced setback along West Main Street to 48 feet and 31 feet for
the dispenser islands and 38 feet for the canopy; and along 7th Street South
to 33 feet for the westernmost dispenser island and 41 feet for the canopy.
The 0.45-acre subject property is located at 617 West Main Street, in Section
4, Township 47 South, Range 29 East, Immokalee, Collier County, Florida.
CTS
Resolution 2009-106
Continued to the May 12, 2009 BCC Meeting (Per Agenda Change Sheet)
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-13977
Tim Chess of McDonald's USA, LLC, represented by Jeffrey Satfield of
CPH Engineers, Inc., is requesting a Variance from the landscape
requirements of Land Development Code Subsection 4.06.02, Buffer
Requirements, in the General Commercial (C-4) and Gateway Triangle
Mixed Use Subdistrict (GTMUD-MXD), to allow a modification of the
required 7.5-foot wide buffer on the western side of the property; and to
reduced buffer widths on the property's northern side from 15 feet to ten
feet, the eastern side from 7.5 feet to five feet, and the southern side from 10
April 28, 2009
Page 20
feet to five feet. The 0.86-acre subject property is located at 2886 Tamiami
Trail East, in Section 11, Township 50 South, Range 25 East, Collier
County, Florida. CTS
D. Recommendation to adopt an Ordinance amending Ordinance No. 2001-43
as amended, which created the Vanderbilt Beach Municipal Service Taxing
Unit (MSTU), to include providing underground trenching and burial of
utility lines from the street or transformer to private residences and, as
needed, arranging to locate the burial of such power lines alongside any
existing utility easements but excluding the expenditure ofMSTU funds for
any additional wiring or installation of improvements or upgrades to connect
service to residences required by current code or resulting from any other
hardware nonconformity.
Ordinance 2009-18
E. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-107
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
April 28, 2009
Page 21