Recap 09/29/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
September 29, 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 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."
September 29, 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 AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) J ames Maulden, Solid Waste
Presented
B. 25 Year Attendees
1) John Augustyn, Water Department
Presented
September 29, 2009
Page 2
2) Judi Bodine, County Manager's Office
Presented
4. PROCLAMATIONS (One Motion Taken Adopting All Proclamations)
A. Proclamation designating October 3, 2009 as Collier County Branch
NAACP 27th Freedom Fund and National NAACP Centennial Day. To be
accepted by Diane Haynes, Chair, Freedom Fund Dinner, Harold Weeks,
President, NAACP, Rhonda Cummings, Membership Chair, NAACP.
Adopted - 5/0
B. Proclamation designating the week of October 10,2009 as National Wildlife
Refuge Week. To be accepted by Layne Hamilton, Project Leader, U.S. Fish
and Wildlife Service.
Adopted - 5/0
C. Proclamation designating October 7, 2009 as International Walk to School
Day. To be accepted by David Buchheit, Nancy Frye, Stacy Revay, Jeff
Stauring, Charles Benson and Joe Bonness.
Adopted - 5/0
D. Proclamation designating October 10,2009 as Put the Brakes on Fatalities
Day. To be accepted by Gene Calvert, David Buchheit, Charles Benson, Sgt.
Chris Gonzalez, Susan Vivonetto, Sgt. Dave Contessa and Lt. Greg Gaffney.
Adopted - 5/0
E. Proclamation designating October, 2009 as Domestic Violence Awareness
Month. To be accepted by Linda Oberhaus, Executive Director, The Shelter
for Abused Women & Children.
Adopted - 5/0
F. Proclamation recognizing the spirit of charitable giving in Collier County by
individuals who commit themselves to raising money by various endeavors
and for one such person designating September 30, 2009 as Michael
Pagliccia Endeavor Day. To be accepted by Michael Pagliccia.
Adopted - 5/0
G. Proclamation recognizing Naples Big Cypress Market Place as a public
attraction for Collier County. To be accepted by Keith Basik.
September 29, 2009
Page 3
Adopted - 5/0
H. Proclamation supporting public access to the Big Cypress National Preserve
Addition and opposing the proposed wilderness designation. To be accepted
by Captain Franklin Adams, Brian McMahon, Frank Denninger, Lyle
McCandless and members of the Big Cypress Sportsmen Alliance.
Adopted - 5/0
5. PRESENTATIONS
A. Dr. Robert Tober, recipient Florida State EMS Medical Director of the Year
Award presented by Dr. Joe Nelson, State of Florida EMS Medical Director.
Presented
B. Presentation Regarding the H1N1 Immunization Campaign to be presented
by Dr. Joan Colfer, Collier County Health Department Director.
Presented
C. To be heard at 2:00 p.m. Report from the Productivity Committee on their
study of Charter Government.
Presented; Motion to not move forward on this subject - Approved 3/2
(Commissioner Halas and Commissioner Coletta opposed); Motion to
have an independent consulting organization, on a contingency basis,
review any cost saving capabilities within County Agency - Approved
4/1 (Commissioner Henning opposed)
D. Freedom Memorial construction update.
Presented
E. Recommendation to recognize Sandra Lea, Executive Aide, Board of
County Commissioner's Office as Employee of the Month for September
2009.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Mark Teaters to discuss non-financial support of a
new program called "Golden Gate Estates as a World Class Rural
Community" .
September 29, 2009
Page 4
Continued to the October 13,2009 Meeting as Mr. Teaters had to
return to work
B. Public petition request by Joey Smith to discuss water usage at 1815
Downing Court.
Discussed
C. Public petition request by Robert Caulfield to discuss water bill discrepancy.
Petitioner absent
D. Public petition request to discuss use of parking lot at Vineyards Park by
Ave Maria Law Students.
Discussed - Parks and Rec Department is looking into it
E. Public petition request by Gisela Rowley to discuss Domestic Animal
Services Mission Statement.
Discussed - Petitioner would like the word "adoption" put into the
statement
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
Continued to October 13, 2009 BCC Meeting (Per Commissioner Coletta during
Agenda Changes)
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CUR-PL2009-44 SR
846 Land Trust, represented by R. Bruce Anderson of Roetzel and Andress
LPA; and Margaret Perry, AICP, of Wilson Miller, Inc., requesting a
Conditional Use Re-review (CUR) of the property commonly referred to as
Jones Mine. The conditional use (CU-2004-AR-6904) was approved on
September 25,2007 and in accordance with condition #3, the Conditional
Use approval shall be reviewed by staff and brought back to the BZA on the
first anniversary of approval and again one year after the first anniversary
review. The subject property is located at 16000 Immoka1ee Road, Sections
35 & 36, Township 47 South, Range 27 East; and Sections 1 & 2, Township
48 South, Range 27 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
September 29, 2009
Page 5
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-11100
Highland Properties of Lee and Collier, Ltd., represented by D. Wayne
Arnold, AICP ofQ. Grady Minor and Associates, P.A., and Richard
Yovanovich of Goodlette, Yovanovich and Koester, P.A., is requesting a
rezone from the Rural Agricultural (A) zoning district with a Special
Treatment (ST) overlay to the Mixed Use Planned Unit Development
(MPUD) Zoning District for a project to be known as the Taormina Reserve
MPUD, to allow construction of a maximum of 528 residential dwelling
units and up to 262,000 square feet of commercial uses on approximately
82.51 acres. The subject property is located in the southeastern quadrant of
the Santa Barbara Boulevard Extension and Davis Boulevard (SR 84)
intersection, in Section 9, Township 50 South, Range 26 East, Collier
County, Florida. CTS
Ordinance 2009-48 Adopted with stipulations - 5/0
Moved from Item #17F (Per Commissioner Henning during Agenda Changes)
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-233 Adopted - 4/1 (Commissioner Henning opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Lely Golf Estates Beautification Advisory
Committee.
Resolution 2009-234: Re-appointing Anthony Branco and David C.
Larson - Adopted 5/0
Added (Per Agenda Change Sheet)
B. Discussion of letter from Donna Fiala, Chairman, Board of County
Commissioners to Dwight E. Brock, Clerk of the Circuit Court.
Motion to accept - Approved 4/1 (Commissioner Henning opposed)
Added (Per Commissioner Henning during Agenda Changes)
C. Item to be heard at 4:00 p.m. Discussion of Clerk's Budget
Motion to accept mediated settlement agreement w/budget to be
dispersed as follows: 2/12th on October 1, 2009 and 1/11 th of the
September 29, 2009
Page 6
remainder to be paid thereafter in monthly installments throughout the
fiscal - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to consider the Habitat Conservation Plan Advisory
Committees Habitat Conservation Plan application for red-cockaded
woodpeckers. (Laura Roys Gibson, Sr. Environmental Specialist,
Engineering and Environmental Services Department, CDES)
Motion to resurrect committee, accept report and apply for Section 6
grant - Approved 4/1 (Commissioner Henning opposed)
B. Recommendation that the Board of County Commissioners direct the
County Manager or his designee to initiate all prudent and sufficient
measures including processing of all necessary FY 2010 budget amendments
to ensure that the Boards General Fund (001) has sufficient cash available
and on hand at October 1,2009 to meet Collier County's operational
expense obligations until such time when the first ad valorem property tax
receipts are received. (Mark Isackson, Office of Management and Budget)
Approved - 5/0
C. This item to be heard at 10:15 a.m. Presentation by designated stakeholder
organizations recommending that the Board of County Commissioners
review an ordinance creating a mandatory code inspection of foreclosed and
vacant single family residences which requires owners of vacant single
family residential property who have acquired title through foreclosure or
through a deed in lieu of foreclosure to obtain an inspection report relating to
the subject property's existing zoning and the permitted uses of said zoning,
and confirm that all existing structures on said property have the necessary
permits and are in compliance with permitting requirements, and to disclose
the report prior to subsequent sale, consistent with the Board of County
Commissioners previous direction. (Joe Schmitt, Community Development
Administrator)
Motion to deny presented ordinance and have NABOR come back with
update on educating the public on "Buyer Beware" - Approved 4/1
(Commissioner Halas opposed)
D. This item to be beard at 11:00 a.m. The Annual Performance Appraisal for
the County Manager. (Jim Mudd, County Manager)
September 29, 2009
Page 7
Motion to name the new Emergency Operations Building after Jim
Mudd - Approved 5/0; Motion to appoint Leo Ochs as County Manager
_ Approved 4/1 (Commissioner Henning opposed); Motion to extend the
VSIP to Jim Mudd - Approved 5/0
Resolution 2009-232A - Adopted 5/0
E. This item to be heard immediatelv followiDl! Item 10D. Review and
approve the FY2010 Annual Work Plan for the County Manager. (Jim
Mudd, County Manager)
Motion for Leo Ochs to work with new goals for 4 months and report
back - Approved 5/0
F. This item to be heard at 3:00 p.m. A presentation to the Board of County
Commissioners regarding the Collier County Intersection Safety Ordinance
(Ord. 2008-22) and resultant use of Red Light Running Cameras for
enforcement. Presentation to be made by BCC staff from the Traffic
Operations Department and the Collier County Sheriffs Office. (Time
certain requested by Commissioner Coletta) (Norman Feder, Transportation
Services Administrator)
Motion for County Attorney to bring back a proposed amendment to
ordinance which includes a tiered payment system - Approved 3/2
(Commissioner Coyle and Commissioner Halas opposed)
Moved from Item #16A3 (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners approve the first
amendment to the agreement between Collier County and the Economic
Development Council of Collier County for continuation of the Economic
Diversification Program by providing a contribution to the EDC of up to
$400,000 for Fiscal Year 2010, and authorizing the Chairman of the Board
of County Commissioners to sign the amendment on behalf of Collier
County
Approved - 4/1 (Commissioner Halas opposed)
Moved from Item #16A4 (Per Agenda Change Sheet)
H. Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action entitled
Everardo G. Guzman and Graciela Guzman, Case No. 2007030278 relating
to property located at 510 Auto Ranch Road, Naples, Florida.
Approved - 5/0
September 29, 2009
Page 8
Moved from Item #16Bl (Per Agenda Change Sheet)
I. Recommendation to adopt a resolution authorizing the condemnation of land
and easements necessary for the construction of roadway, drainage and
utility improvements required for the extension of Valewood Drive from
lmmokalee Road to Autumn Oaks Lane. (Northbrooke Drive/Valewood
Drive Extension Phase 1, Project No. 60106.) Estimated fiscal impact:
$875,000.00.
Resolution 2009-235 Adopted - 5/0
Moved from Item #16C6 (Per Commissioner Henning during Agenda Changes)
J. Recommendation to approve the annual rate resolution to establish the fees,
rates, and charges for the use of Collier County Solid Waste Facilities,
including landfill tipping fees, recycling center fees, residential multi-family
and commercial waste collection fees for FYI o. This resolution adopts the
rates that fund the FY10 budget for solid waste collection and disposal.
Resolution 2009-236 Adopted - 5/0
Moved from Item #16F8 (Per Commissioner Henning during Agenda Changes)
K. Recommendation to approve budget amendments appropriating
$276,351,171.83 of unspent FY 2009 grant and project budgets into fiscal
year 2010.
Approved - 4/1 (Commissioner Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. James Patrick Guerrero - Resolving outstanding fees for contracted
services
12. COUNTY ATTORNEY'S REPORT
A. The annual performance appraisal for the County Attorney.
Presented
B. Recommendation that the Board of County Commissioners reviews and
approves the proposed FY 2009-2010 Action Plan for Jeffrey A. Klatzkow,
County Attorney.
Accepted
Added (Per Agenda Change Sheet)
September 29, 2009
Page 9
C. Tbis Item to be heard at 12:00 Noon. Notice is hereby given that pursuant
to Section 286.011 (8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
Tuesday, September 29,2009, 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 V. Mudd (or
in his absence, Deputy County Manager Leo Oches), County Attorney
Jeffrey A. Klatzkow and Litigation Section Chief Jacqueline W. Hubbard
will be in attendance.
Closed Session
Added (Per Agenda Change Sheet)
D. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to litigation expenditures and settlement negotiations in the
pending case of Dwight E. Brock, Clerk of Courts v. Collier County,
Florida, Board of County Commissioners of Collier County, Florida, as
Ex-Officio Governing Board of The Ochopee Area Fire Control &
Emergency Medical Care Special Taxing District, A/K/ A The Ochopee
Fire District; Linda T. Swisher and Paul W. Wilson, Case No. 04-941-
CA consolidated with Board of County Commissioners of Collier
County, Florida vs. Dwight E. Brock, Clerk of the Circuit Court of
Collier County, Florida.
Motion to bave County Attorney's office take case to Florida Supreme
Court - Approved 4/1 (Commissioner Henning opposed)
Moved from Item #16KI0 (Per Agenda Change Sheet)
E. Recommendation the Board of County Commissioners approves and
authorizes its Chairman to execute an Amendment to Collier County Airport
Authority Executive Director's Employment Agreement.
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
September 29, 2009
Page 10
A. Leo Ochs - Thanking the Board for appointing him and trusting him
witb tbis position and will work with Chairman on employment
contract
B. Commissioner Coyle - Concerned about rehearing items after they are
discussed, speakers are gone and then vote taken.
C. Commissioner Halas - Notes from FAC Conference in Lake Mary,
Florida
D. Commissioner Coletta - Hodges University requesting a letter from
Chair to submit along with grant application
E. Commissioner Coletta - Trip to Washington D.C. funding
F. Commissioner Fiala - Naming EOC Building after Jim Mudd; TDC
Documentary on Thursday at 8 p.m. featuring Everglades National
Park; Spending stimulus money in East Naples
G. Commissioner Coyle - Motion to Adjourn - Approved 5/0
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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 Mediterra Parcel 111.
Witb release of any Utilities Performance Security (UPS)
2) Tbis item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. This is a recommendation
to approve for recording the final plat of Regal Acres, approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
Moved to Item #10G (Per Agenda Cbange Sheet)
3) Recommendation that the Board of County Commissioners approve
the first amendment to the agreement between Collier County and the
September 29, 2009
Page 11
Economic Development Council of Collier County for continuation of
the Economic Diversification Program by providing a contribution to
the EDC of up to $400,000 for Fiscal Year 2010, and authorizing the
Chairman of the Board of County Commissioners to sign the
amendment on behalf of Collier County.
Moved to Item #10H (Per Agenda Change Sheet)
4) Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action
entitled Everardo G. Guzman and Graciela Guzman, Case No.
2007030278 relating to property located at 510 Auto Ranch Road,
Naples, Florida.
B. TRANSPORTATION SERVICES
Moved to Item #101 (Per Agenda Change Sheet)
1) Recommendation to adopt a resolution authorizing the condemnation
of land and easements necessary for the construction of roadway,
drainage and utility improvements required for the extension of
Valewood Drive from Immokalee Road to Autumn Oaks Lane.
(Northbrooke DriveNalewood Drive Extension Phase 1, Project No.
60106.) Estimated fiscal impact: $875,000.00.
2) Recommendation to approve the October 2009 Collier County Transit
Development Plan Annual Progress Report.
3) Recommendation to approve the adoption of the Collier Metropolitan
Planning Organizations (MPO) Public Involvement Participation Plan
(PIP) as the Collier Area Transit (CAT) Public Involvement
Participation process to be followed for all grants and major service
modifications.
Resolution 2009-223
4) Recommendation to approve award of Contract #09-5229 (Services
for Collier County Signal Retiming Project) to Vanus, Inc. for
development of coordinated arterial traffic signal intersection retiming
on State Roadways in Collier County, at a fee of $269,536.30 to be
reimbursed through a Joint Project Agreement with the Florida
September 29, 2009
Page 12
Department of Transportation.
5) Recommendation to approve the contract between Collier
Metropolitan Planning Organization (MPO) and Tindale Oliver and
Associates (TOA) for the Transit Development Plan (TDP) Major
Update in an amount of$129,550.
Withdrawn (Per Agenda Cbange Sheet)
6) Recommendation to terminate contract awarded to Big Tree, Inc., for
Bid #09-5194 Collier County Right-of-Way (ROW) Median Mowing
& Maintenance Annual Contract in the amount of $124,240.00.
7) Recommendation that the Board of County Commissioners approves
the Line Relocation Cooperation Agreement with the Orange Tree
Utility Company and authorize the Chairman to sign the Agreement.
Project #60044.
8) Recommendation to award Bid #09-5207 Consulting Services for the
Collier Area Transit (CAT) Program to CH2MHILL, PB Americas
Inc., Renaissance Planning Group, Tindale-Oliver & Associates, Inc.,
and Wilbur Smith Associates to provide a variety of professional
consulting services for Collier Area Transit.
9) Recommendation that the BCC approve Modification No.8 with
change orders in the amount of $17,955.00 to contract #06-3962
Cityview software for CDES to include Transportation's ROW
Permitting section.
C. PUBLIC UTILITIES
1) Recommendation to approve the Right of Entry form to document
Collier County's agreement with certain private property owners for
improvement of private driveways for the purpose of providing
turnarounds for Waste Management Inc. of Florida's trucks in areas
that do not provide adequate turnaround access on public roads, as
provided for in the Franchise Agreement between Collier County and
Waste Management Inc. of Florida, at an estimated cost not to exceed
$4,000, Project No. 59001.
September 29, 2009
Page 13
Withdrawn (Per Agenda Change Sheet)
2) Recommendation to Award Bid #09-5258, the South County Water
Reclamation Facility Odor Control Facilities Upgrades, to Douglas N.
Higgins, Inc., in the base bid of$474,332.00 for Project No. 73969.
3) Recommendation that the Board of County Commissioners, ex officio
of the Collier County Water-Sewer District, approve and authorize the
Chair to execute the attached inter-local agreement with the North
Naples Fire Control and Rescue District for the Collier County Water-
Sewer District to assume ownership of the fire hydrants now owned
and maintained by the North Naples Fire Control and Rescue District
(excluding any fire hydrants behind master meters), together with the
ongoing responsibility for maintenance, repair, and replacement; and,
authorize the County to accept a Bill of Sale.
4) Recommendation that Board of County Commissioners of Collier
County, Florida as Ex-officio the Governing Board of the Water-
Sewer District Approve a Resolution Approving an Amendment to the
Collier County Water-Sewer Districts Utilities Standards Manual.
Resolution 2009-224
5) Recommendation to I) adopt a Supplemental Bond Resolution
authorizing the Collier County Water-Sewer District (District) to incur
a fixed interest rate, bank-qualified tax-exempt term loan (the "Term
Loan") through the issuance of its Water and Sewer Refunding
Revenue Bond, Series 2009 (the Bond) in the amount not to exceed
$12,000,000 in order to provide for the refunding of the Districts
outstanding Water and Sewer Refunding Revenue Bonds, Series
1999B, 2) approve JPMorgan Chase Bank, N.A. as the qualified
financial institution to provide the Term Loan and purchase the Bond
and 3) approve necessary budget amendments.
Resolution 2009-225/CWS Resolution 2009-02
Moved to Item #10J (Per Commissioner Henning during Agenda Changes)
6) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling center fees,
residential multi-family and commercial waste collection fees for
September 29, 2009
Page 14
FY10. This resolution adopts the rates that fund the FYI 0 budget for
solid waste collection and disposal.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners award
Bid #09-5279 in the amount of$53,310 to Blossoms, Inc., for the
Sport Field Renovation of Eagle Lakes Community Park and Golden
Gate Community Park and approve the necessary budget amendment.
2) Recommendation the Board of County Commissioners accept the
donation of$29,412 from Pelican Bay Property Owner's Association
and North Naples Community Alliance that provides funds to open
the Vanderbilt Beach Branch Library on Fridays, October 1, 2009
thru March 31, 2010, and approve necessary budget amendment.
3) Recommend that the Board of County Commissioners approve and
authorize Chairman to sign an Interlocal Agreement between Collier
County and City of Naples for Clam Bay Water Quality Study for
$23,644 to fund the Development of a Water Quality Monitoring
Program.
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a modification to Disaster
Recovery Initiative Agreement #07DB-3V-09-21-01-Z01 between the
Florida Department of Community Affairs and Collier County and
associated contract amendments with sub-recipients. This
modification will update the current project work schedules and
extend the grant periods.
5) Recommendation for the Board of County Commissioners to approve
and authorize Chairman to sign contract amendments with the Area
Agency on Aging for State funded General Fund grant programs for
Senior's as it relates to schedule for invoice and advance re-payments.
6) Recommendation to accept the Health Care and Other Facilities
Special Congressional Initiative from the United States Department of
Health and Human Services in the amount of $141 ,570.00 and
September 29, 2009
Page 15
approve the necessary budget amendment to recognize the revenue.
7) Recommendation to award the Request for Quote (RFQ) #09-5315 to
Aylesworth's Fish and Bait, Inc. for delivery of frozen bait for Collier
County Marinas.
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve the renewal of the Group Dental
Insurance program through Cigna Dental Plan, Inc. for a one year
period effective January I, 2010.
2) Recommendation to implement a change to the Long Term Disability
Insurance program to avoid the taxation of disability proceeds.
3) Recommendation to approve an Amendment to Agreement for Sale
and Purchase (Amendment) with Mark Bain, Esquire/Personal
Representative on Behalf of the Estate of Tessie Colluccio for 1.59
acres under the Conservation Collier Land Acquisition Program at no
additional cost to the County.
4) Recommendation to approve an Interim Management Plan for the
Pepper Ranch Preserve under the Conservation Collier Land
Acquisition Program and direct the County Manager, or his designee,
to implement the plan.
5) Recommendation that the Board of County Commissioners approves
the United States Department of Energy (DOE) Energy Efficiency
Conservation Block Grant award for American Recovery and
Reinvestment Act (ARRA) funding in the amount of $3,036,000.
6) Recommendation to approve the purchase of Liability, Automobile,
Workers Compensation, Flood, Aircraft, and other insurance and
related services for FY 2010 in the amount of $1 ,826,930, a reduction
of$45,858 below the FY 2009 actual cost. (Jeff Walker, Risk
Management Director)
F. COUNTY MANAGER
September 29, 2009
Page 16
1) Recommendation to approve an Agreement between Collier County
and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical
Examiner d/b/a District Twenty Medical Examiner, Inc. to provide
medical examiner services for FY2010 at a cost of$1,093,500.
2) Recommendation that the Board of County Commissioners approves a
Cultural, Heritage and Nature Tourism Grant from the Florida
Commission on Tourism and VISIT FLORIDA for development of a
Cultural Arts and Heritage brochure for Collier County in the amount
of $5,000 and approves all necessary budget amendments.
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign nine (9) FYI 0 Tourist
Development Tax Category C-2 Grant Agreements totaling $571,000
subject to funding availability.
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign two grant agreements for FYI 0
Tourist Development Tax Category B Grants totaling $49,000.
5) Recommendation to authorize cash amounts to be allocated on
September 30,2009 for the parity Debt Service Reserve Account
associated with the County's Capital Improvement Revenue Bonds
(Series 2002/2003/2005) in an amount not exceeding $11,543,806.
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-226
7) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-227
Moved to Item #10K (Per Commissioner Henning during Agenda Cbanges)
8) Recommendation to approve budget amendments appropriating
$276,351,171.83 of unspent FY 2009 grant and project budgets into
September 29, 2009
Page 17
fiscal year 2010.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute Commercial Building Improvement Grant
Agreement(s) between Collier County Community Redevelopment
Agency and Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area (1765 Commercial Drive).
2) Recommendation that the Community Redevelopment Agency (CRA)
approve CRA staff attendance at Florida Brownfield's Association
2009 Annual Conference; authorize payment of attendee's
registration, lodging, travel and per diem from the Bayshore Gateway
Triangle Trust Fund (Fund 187) travel budget; and declare the training
received as serving a valid public purpose.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Susan G. Komen for the Cure Breast Cancer Awareness
Kickoff Reception on Thursday, October 1,2009, in Naples, Florida.
$15.00 to be paid from Commissioner Halas' travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the United Way of Collier County 2009 Campaign Kick-off
Breakfast meeting on Thursday, October 1, 2009, at the Hilton
Naples. $20.00 to be paid from Commissioner Halas' travel budget.
3) Recommendation to adopt a Resolution supporting the not-for-profit
Immokalee Foundation in obtaining contributions to promote
entrepreneurial and job development skills and opportunities for youth
of lmmokalee through the Florida Office of Tourism, Trade and
Economic Development Community Contribution Tax Credit
Program.
Resolution 2009-228
September 29, 2009
Page 18
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Board of County Commissioners approve
the use of Confiscated Trust Funds for improving conditions
conducive to youth related programs held at Collier County Junior
Deputies League's Camp Discovery.
2) To obtain Board approval for disbursements for the period of
September 5,2009 through September 11,2009 and for submission
into the official records of the Board.
3) To obtain board approval for disbursements for the period of
September 12, 2009 through September 18, 2009 and for submission
into the official records of the board.
4) Recommendation that the Board of County Commissioners authorize
the Collier County Supervisor of Elections to accept federal election
activities funds with a 150/0 matching contribution and that the Board
direct its Chairman to sign the Certificate Regarding Matching Funds.
K. COUNTY ATTORNEY
1) This item has been continued from the September 15~ 2009 BCC
Meetine. Request by staff for authorization to advertise and bring
back for the Boards consideration a proposed amendment to
Ordinance No. 08-47, which addresses requirements for non-consent
law enforcement towing of vehicles, private property towing of
vehicles, storage of vehicles and maximum chargeable fees by tow
truck companies, to include provisions concerning the immobilization
of vehicles (booting) on private property and to further clarify
language in the ordinance based upon feedback and experience since
its enactment in September 2008.
2) Recommendation to amend the Legal Services Contract the Board
approved with de la Parte & Gilbert, P .A., for litigation related to
September 29, 2009
Page 19
Orange Tree Utility Co. v. Collier County, Case No. 07-2333 to
clarify the Scope of Work to include providing specialized utility legal
services in connection with Orange Trees recent appeal of an entry of
summary judgment in favor of the County.
3) Authorize the making of an Offer of Judgment to Respondent, Jeanne
Fields and Donald E. Fields, for Parcel No. I 24FEE in the amount of
$711,301 in the lawsuit styled Collier County v. Pascal J. Murray, et
al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact $97,00 I).
4) Authorize the making of an Offer of Judgment to Respondent, Myrtle
Cove, Inc., for Parcel No. 801 in the amount of $2,000 in the lawsuit
styled Collier County v. Myrtle Cove, Inc., et al., Case No. 07-5038
(Lely Area Stormwater Improvement Project No. 511011) (Fiscal
Impact $1,000).
5) Authorize the making of an Offer of Judgment to Respondent, Myrtle
Preserve, LLC, for Parcel No. 809 in the amount of $24,000 in the
lawsuit styled Collier County v. Myrtle Preserve, LLC, et al., Case
No. 07-463-CA (Lely Area Stormwater Improvement Project No.
51101) (Fiscal Impact $4,400).
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $30,000 for Parcel 142 in the lawsuit styled Collier County
v. Charles R. Wilson, et al., Case No. 02-5164-CA (Immokalee Road
Project No. 60018). (Fiscal Impact $20,194)
7) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
91-65, as amended, relating to the Affordable Housing Advisory
Committee, so as to remove the requirement for Committee review of
all rezoning petitions.
8) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
2004-03, the Collier County Airport Authority Ordinance, to provide
for the appointment of an alternate member.
September 29, 2009
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9) For the Board of County Commissioners to authorize the necessary
budget amendments and approve the filing of a civil action with the
Circuit Court of the Twentieth Judicial Circuit to recover in excess of
three million dollars and defend against a nine million dollar claim
from John Carlo, Inc. relating to deficiencies in the work performance
on Contract #05-3876, the Rattlesnake Hammock Road Six Lane
Improvements for Project No. 60169. Additionally, to authorize the
County's continued defense and pursuit of the County's counterclaim
in the Immokalee Road Litigation, Project No. 66042.
Moved to Item #12E (Per Agenda Change Sheet)
10) Recommendation the Board of County Commissioners approves and
authorizes its Chairman to execute an Amendment to Collier County
Airport Authority Executive Directors Employment Agreement.
11) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an amendment to Ordinance No.
1975-16, as amended, relating to the procedure for reconsideration of
matters by the Board of County Commissioners.
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. Tbis item reQuires that ex parte disclosure be provided by Commission
Members. Should a hearin2 be held on tbis item. all participants are
reQuired to be sworn in. SNR-2009-AR-14379 Ave Maria University, Inc.,
represented by Wi1sonMiller, requesting to rename that portion of Assisi
September 29, 2009
Page 21
Avenue that is west of Ave Maria Blvd. to Dolan Street. The subject
property is located in Section 5, Township 48 South, Range 29 East, in
Collier County, Florida.
Resolution 2009-229
B. This item reQuires that ex parte disclosure be provided by Commission
Members. Should a bearine be held on this item~ all participants are
reQuired to be sworn in. SNR-2009-AR-14380 Ave Maria University, Inc.,
represented by WilsonMiller, requesting to rename the existing Cana
Avenue to Kelleher Street. The subject property is located in Section 32,
Township 47 South, Range 29 East, in Collier County, Florida.
Resolution 2009-230
C. Tbis item requires tbat ex parte disclosure be provided by Commission
Members. Should a hearine be held on this item~ all participants are
reQuired to be sworn in. SNR-2009-AR-14381 Ave Maria University, Inc.,
represented by WilsonMiller, requesting to rename that portion of Avila
Avenue that is west of Ave Maria Blvd. to Donahue Street. The subject
property is located in Section 5, Township 48 South, Range 29 East, in
Collier County, Florida.
Resolution 2009-231
D. This item to be re-scbeduled to the October 27~ 2009 BCC Meetine. To
conduct a public hearing to review and adopt revisions to amend the Land
Development Code (Ordinance No. 04-41) to include provisions for
temporary signs to complete recent revisions to the Collier County Sign
Code (Ordinance No. 09-43) adopted by the Board of County
Commissioners at a public hearing on July 28, 2009.
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-232
Moved to Item #8B (Per Commissioner Henning during Agenda Changes)
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
September 29, 2009
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....._""".~~,-~_.._._--~_.~".."..".- .._-~-
18. ADJOURN
Motion to Adjourn - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
September 29, 2009
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