Recap 10/13/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
October 13, 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 AGENDA ITEMS 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."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
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October 13, 2009
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED 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
B. September 10, 2009 - BCC/Budget Hearing
Approved as presented - 5/0
C. September 15, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS (One motion was taken to adopt the Proclamations)
A. Proclamation designating October 21 through October 31, 2009 as Red
Ribbon Week. To be accepted by Major Scott L. Salley, Corrections Chief,
Collier County Sheriffs Office; Marla Ramsey, Collier County Public
Services Administrator and Ken Baginski, Prevention Coordinator for
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October 13, 2009
Drug Free Collier.
Adopted - 5/0
B. Proclamation designating October 30,2009 as the tenth anniversary of the
Red Walk in Collier County. To be accepted by Karey Stewart, Principal,
Lely Elementary School.
Adopted - 5/0
C. Proclamation recognizing United Way of Collier County Agency for their
outstanding contributions to the community and wishing them yet another
year of great success as they kick off their 2009/2010 season. To be accepted
by Ernie Bretzmann, Executive Director, United Way of Collier County.
Adopted - 5/0
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. This item was continued from the September 29,2009 BCC Meetinf!.
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" .
Discussed
B. Public petition request by Duane Billington to discuss the Fire/Rescue/EMS
Surtax.
Presented; Discuss SBI000 with legislative issues - Consensus
C. Public petition request by Michele Antonia to discuss change to Collier
County's Animal Control Ordinances to permit TNR Program
(Trap/Neuter/Return).
Motion for staff to return with an update on current DAS adoption
program, analysis of TNR program and to bring item back for
discussion at a future board meeting - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
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October 13, 2009
A. This item continued from the September 29~ 2009 BCC Meetin2. 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 LP A; and
Margaret Perry, AICP, ofWilsonMiller, 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 Immokalee Road, Sections 35 & 36, Township
47 South, Range 27 East; and Sections 1 & 2, Township 48 South, Range 27
East, Collier County, Florida.
Resolution 2009-248 Adopted w/stipulations - 4/1 (Commissioner
Henning opposed)
8. ADVERTISED PUBLIC HEARINGS
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: PUDZ-2008-
AR-12773, Collier Rattlesnake Inc., represented by D. Wayne Arnold,
AICP, of Q. Grady Minor Inc. and Rich Y ovanovich, of Coleman,
Yovanovich & Koester, P.A., is requesting a PUD Rezone from Rural
Agricultural (A) to Mixed-Use Planned Unit Development (MPUD) to be
known as the Good Turn Center MPUD. The MPUD proposes a maximum
of 100,000 square feet of commercial land uses and/or a variety of skilled
nursing care facilities uses with a maximum of 200 units on 9.5 acres.
The subject property is located on the east side of Collier Boulevard,
approximately 660 feet north of Rattlesnake Hammock Road Section 14,
Township 50 South and Range 26 East, Collier County, Florida. (CTS)
Ordinance 2009-53 Adopted w/Amendments - 4/1 (Commissioner Halas
opposed)
Moved from Item #17G (Per Agenda Change Sheet)
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Section Five, Penalties, of Ordinance 2008-22, the
Collier County Intersection Safety Ordinance, in order to establish a tiered
civil fine structure for initial and subsequent violations.
Motion to suspend Ordinance - Failed 1/4 (Commissioner Fiala,
Commissioner Coyle, Commissioner Halas and Commissioner Coletta
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October 13, 2009
opposed); Motion for a 1st offense at $62.50, 2nd offense at $125.00 and
each additional offense $250.00 and refund the difference to prior
offenders - Failed 1/4 (Commissioner Fiala, Commissioner Henning,
Commissioner Halas and Commissioner Coyle opposed); Motion for 1 st
offense at 62.50, 2nd offense at $125.00 and each additional offense
$250.00 - Failed 1/4 (Commissioner Fiala, Commissioner Coletta,
Commissioner Coyle and Commissioner Henning opposed); Motion to
have 1 st offense at $62.50, 2nd offense at $75.00 and each additional
offense $100.00 - Adopted 3/2 (Commissioner Halas and Commissioner
Coyle opposed);
Ordinance 2009-54 Adopted - 3/2 (Commissioner Halas and
Commissioner Coyle opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Black Affairs Advisory Board,
Resolution 2009-244: Appointing Tonicia D. Morgan - Adopted 5/0
B. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2009-245: Appointing Ileana M. Ramos, Mario Ortiz and
Alejandro Balan - Adopted 5/0
C. Appointment of member to the Immokalee Beautification Advisory
Committee.
Resolution 2009-246: Re-appointing Cherryle Thomas - Adopted 5/0
D. Appointment of member to the Clam Bay Advisory Committee.
Resolution 2009-247: Appointing Susan O'Brien - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to review and approve the proposed Collier County 2010
State Legislative Priorities. (Debbie Wight, Assistant to the County
Manager)
Motion to remove request for policies on tax increases (Item #8 on list) -
Failed 2/3 (Commissioner Halas, Commissioner Fiala and
Commissioner Coletta opposed); Motion to remove the Dot.com -
Approved 3/2 (Commissioner Halas and Commissioner Fiala opposed);
Approve the Gas Tax Indexing - Approved 3/2 (Commissioner Cole and
Commissioner Henning opposed); To oppose the Real Estate Transfer
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Octo ber 13, 2009
Tax/Fee - Approved 4/1 (Commissioner Halas opposed); To support
Partial Year Assessments - Approved 3/2, Staff to invite the Property
Appraiser's office to the Legislative Workshop (Commissioner Coyle
and Commissioner Henning opposed); Motion to support Libraries -
Approved 5/0; Motion to support the Protection of Home Rule-
Approved 5/0; Consensus in support of Unfunded Mandates; Consensus
in opposition of the Revenue & Expenditure Caps (TABOR); Consensus
in support of Affordable Housing; Consensus in support of Impact Fees;
Consensus in support of the Transportation including Transportation
Trust Fund, Receipt of Crash Reports, Red Light Running Camera
Enforcement, and in Modification to Section 339.135(4)(a)1.
Consensus in support of the following: Consultants Competitive
Negotiation Act (CCNA), Alligator Alley, Shared Ochopee/Emergency
Services (EMS) Fire Station & Florida Department of Transportation
(FDOT), Offshore Drilling in Gulf of Mexico, and the Fire District Bills;
with the County Attorney to provide an assessment of SBI9, Encourage
Economic Development in Collier County, Florida's Economic
Development Transportation Fund. Support of all of the Enacted
Legislation and Issues to monitor with the Chairman to write a letter to
the Seminole Tribe Leaders inviting them to attend a meeting and make
room in the Agenda to discuss the Seminole Gaming Compact/3 percent
share to local governments for infrastructure
B. Recommendation that the Board of County Commissioners (Board) approve
Change Order 1 to Contract #08-5122 with Post, Buckley, Schuh & Jernigan
at a cost of$I,303,397.38 to implement Phase 2 of the Watershed
Management Plans required by the Growth Management Plan. (Mac
Hatcher, Sr. Environmental Specialist, Engineering & Environmental
Services Dept., CDES)
Approved w/stipulations - 4/1 (Commissioner Henning opposed)
C. To report to the Board of County Commissioners (Board) on the status of the
Rental Registration late fee rebate program that was initiated at the direction
of the Board and to request that the Board of County Commissioners provide
guidance to the County Manager or his designee affirming staff s
recommendation to eliminate the Rental Registration program and in doing
so direct staff to amend the Property Maintenance Ordinance to eliminate the
Rental Registration Program as set forth in Section 22-264 of the Collier
County Code of Laws and Ordinances and as established by Section Seven
of Ordinance 04-58, as amended. (Joe Schmitt, Community Development
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October 13,2009
Administrator)
Approved - 5/0
D. Recommendation to approve a budget amendment appropriating
$6,131,486.28 of carry forward for open purchase orders for operating
budget funds. (John Yonkosky, Director, Management and Budget Office)
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. James Guererra - Delay in the invoice payment for NSP construction
work already done; Direction to County Manager's Office to work out a
procedure so this does not happen again
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Ochs - Interlocal Agreement w/Clerk for FYI0
Budget - Motion that Clerk return interest income from
operating/individual fund back to principle - Approved 5/0
B. County Attorney - Amended Red Light Ordinance is on route to
Tallahassee via overnight FedEx
C. Commissioner Henning - Local vendor preference
D. Commissioner Henning - Concerns regarding representation for
upcoming Census
E. Commissioner Fiala - October 29, 2009 Census Meeting; Census taken
in March 2010
F. Commissioner Coletta - Attended the 10,000 Island Nature Refuge
opening
G. Commissioner Coletta - Visited the Immokalee Library
H. Commissioner Fiala - Letter in the Collier Citizen stated Commission
limits its speakers
I. Motion to adjourn - Approved 5/0
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October 13, 2009
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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 an Encroachment Agreement for Lot 12,
Candlewood.
To replace an existing pool enclosure and metal lanai roof
2) This item requires that ex parte disclosure be provided bv
Commission Members. Should a hearine: 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 Marbella Lakes, Unit One,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to receiving the construction plan final approval letter
3) This item requires that ex parte disclosure be provided bv
Commission Members. Should a hearinf! 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 Wing South Airpark
Extension, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to receiving the construction plan final approval letter
4) Recommendation to approve Releases relating to two (2) Orders of
the Special Magistrate against properties owned by Roberto Bollt,
Trustee, Orange Tree Association.
Recording cost of $10.00 per release, totaling $20.00
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October 13, 2009
5) Recommendation to approve final acceptance of the water utility
facility for Hooters of Florida.
With release of any Utilities Performance Security (UPS)
B. TRANSPORTATION SERVICES
1) Recommendation to approve the purchase of2.73 acres of
unimproved property which is required for the construction of a
stormwater detention and treatment pond for Phase II of the
Vanderbilt Beach Road Extension Project. Project No. 60168, Phase II
(Fiscal Impact: $68,700.00).
Located on 12th Avenue N.E. in Golden Gate Estates
2) Recommendation that the Board of County Commissioners approves
the Supplemental Agreement for the Sale of Fill with Ave Maria
Development, LLLP and authorizes the Chairman to sign the
document. Project #60044.
Recording fee is $10.00
3) Recommendation to approve selection of PBS&J under Invitation to
Negotiate (ITN) #07-3947 Professional Construction Engineering and
Inspection (CEI) Services SR 84 (Radio Road to CR 951), and award
a contract for Project No. 60073 in the amount of$1,363,917 with
reimbursement from the Florida Department of Transportation.
For the 6-laning of Davis Boulevard
C. PUBLIC UTILITIES
1) Recommendation to approve Amendment Two to the Franchise
Agreement between Collier County and Waste Management Inc., of
Florida, for Solid Waste, Recyclable Materials, and Yard Trash
Collection Services to provide for administrative changes, and
Amendment Two to the Franchise Agreement between Collier County
and Choice Environmental Services of Collier, Inc., to provide for
administrative changes and to update the Agreement to align billing
and rates which meet Federal Emergency Management Agency debris
removal guidelines for equipment and labor reimbursements; and, to
provide for best weighing practices for accurate measuring and
monitoring.
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October 13, 2009
Withdrawn (Per Agenda Change Sheet)
2) Recommendation that the Board terminate the contract with Douglas
N. Higgins, Inc., Bid #08-5078 Master Pump Station 302
Rehabilitation for convenience.
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a contract amendment for a
Disaster Recovery Initiative (DR!) subrecipient agreement between
Immokalee Helping Our People in Emergencies, Inc. (IHOPE) and
Collier County. This contract amendment will update the current
project work schedule and define methods of payment.
To extend completion date, to permit direct payments & allow for
construction of three homes instead of two as originally specified
2) Recommend that the Board of County Commissioners approves and
authorizes the County Manager or his designee to execute a Work
Order Addition #1 to Work Order 45-108308 with Coastal Planning &
Engineering for the Physical Monitoring of the South County Beaches
under County/Naples Physical Monitoring Project (No. 90536.1) in
the amount of $65,511.36 on a time & material not-to-exceed basis.
The net contractual value of services will total a not to exceed amount
of $227,635.
For work required by a FDEP permit
3) Recommendation to approve Naples Wholesale Bait as a sole source
supplier of live bait for resale at Caxambas Park, Port of the Islands
Marina, Goodland Boating Park, and Cocohatchee River Park Marina
with an estimated Fiscal Year 2010 expenditure of approximately
$207,000, and approve a seven day payment schedule.
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement with
Collier County Hunger and Homeless Coalition (CCHHC) providing
for a $102,155 Housing and Urban Development (HUD) Continuum
of Care (CoC) grant to support the Homeless Management
Information System (HMIS).
To benefit low income residents
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October 13,2009
5) Recommendation to support the Parks and Recreation Department in
seeking national accreditation as a valid and proper public purpose
and adopt a resolution authorizing the expenditure of budgeted funds
to host the Accreditation Commission not to exceed $4,150.
Resolution 2009-237
6) Recommendation that the Board of County Commissioners approves,
and authorizes staff to develop and advertise, an ordinance
establishing policies, procedures and standard forms to be used by the
Board of County Commissioners when selling and conveying real
property acquired under the Neighborhood Stabilization Program or
another State or Federal grant program.
Advertising cost is estimated at $500.00
7) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign the attached Interlocal Agreement
which provides for services and education via multi-county
agricultural Extension Agents of the University of Florida Institute of
Food and Agricultural Sciences Extension and authorize $27,386.23
as Collier County's proportionate share of this Agreement.
Benefiting farmers and ranchers within Collier County
E. ADMINISTRATIVE SERVICES
1) Recommendation to award Bid #09-5253 Purchase and Installation of
Floor Covering to Wayne Wiles Floorcoverings, Inc., Acousti
Engineering Co. ofFL., and Ciano's Tile and Marble for floor
, .
coverIng servIces.
For floor maintenance, repair and replacement in County-owned
structures
2) Recommendation to approve and authorize the Chairman to sign a
modification of Contract #08-5009 with Sire Technologies in the
amount of$189,575 using existing SAP capital project funds for the
purpose of extending the County's Electronic Content Management
(ECM) system for the implementation of an Agenda Automation
application.
With a $25,000 recurring annual maintenance cost
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October 13, 2009
3) Recommendation that the Board of County Commissioners (BCC)
direct staff to credit all surplus sales net revenues from the
Information Technology (IT Fund 505) inventory to that fund.
To defray the cost of refreshing IT infrastructure
Withdrawn (Per Agenda Change Sheet)
4) Recommendation to award Bid #09-5254 and contracts for Grounds
Maintenance of Collier County Government Facilities to Hannula
Landscaping & Irrigation, Inc. as primary, and Florida Land
Maintenance, Inc. d/b/a Commercial Land Maintenance as secondary
for the estimated annual amount of $393,366.
5) Award Bid #09-5191R Court Reporting Services to Gregory Court
Reporting Service, Inc., for estimated annual expenditure of
$100,000.00.
For recording and transcription of depositions, meeting minutes
and testimony for court hearings for multiple County
Departments
6) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period from August 26, 2009 through September 23, 2009
7) Recommendation to award Bid #09-5260, Janitorial Services to ABM
Janitorial Services-Southeast, LLC in the amount of$1,383,053.94 to
provide janitorial services to County owned and operated facilities.
8) Recommendation to obtain approval to enter into a License
Agreement with Kmart Corporation on behalf of the Health
Department for the use of vacant space for the HINl vaccination
campaign and to approve a Budget Amendment at an estimated cost
of $50,000.
Located on the corner of Collier Blvd and East Tamiami Trail,
within Freedom Square Plaza
F. COUNTY MANAGER
1) Recommendation to accept an awarded Volunteer Fire Assistance
Matching (50/50) Grant from the Florida Division of Forestry for the
purchase of VHF radios and approval of necessary budget
Page 12
October 13, 2009
amendments.
2) Recommendation to recognize and appropriate insurance proceeds in
the amount of $197,726.00 and to approve a Budget Amendment to
fund the replacement of a damaged ambulance for the Emergency
Medical Services Department in the amount of $199,816.00.
Due to a motor vehicle accident in November 2008
3) Recommendation that the Board of County Commissioners approve
the Agreement for Management Services with The Pelican Bay
Foundation, Inc. in the amount of$103,262.
For improvements and enhancements to the streetscape
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-238
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) direct staff to draft a resolution for
BCC approval to designate the property located at 4315 Bayshore
Drive and the three adjacent parcels owned by the CRA as a
Brownfield's Area, and to direct staff to ensure public hearings are
conducted in accordance with Florida Statutes in order to achieve
Brownfield's Area designation.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the 27th Annual Freedom Fund Dinner and Awards
Ceremony and Celebration of the 100th Anniversary of the NAACP
on Saturday, October 3, 2009, at the Naples Hilton. $65.00 to be paid
from Commissioner Halas' travel budget.
Located at 5111 Tamiami Trail North
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October 13, 2009
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
September 19,2009 through September 25,2009 and for submission
into the official records of the board.
2) To obtain board approval for disbursements for the period of
September 29,2009 through October 2, 2009 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
1) Authorize the making of an Offer of Judgment to Respondent, C & T
Properties Unlimited, for Parcel Nos. 126FEE and 126TCE in the
amount of $437,975 in the lawsuit styled Collier County, Florida v.
Alexander G. Christou, et aI., Case No. 07-4923-CA (Santa Barbara
Boulevard Extension Project No. 60091) (Fiscal Impact $53,175).
For the condemnation of a 2.75 acre parcel for road right-of-way
and a .007 acre parcel for a temporary construction easement
2) Recommendation to approve a Partial Stipulated Final Judgment in
the amount of $90,000 for Parcel 124 in the lawsuit styled Collier
County v. William Pilger, et aI., Case No. 06-1125-CA (County Barn
Road Project Number 60101). (Fiscal Impact $47,170)
For condemnation of a .387 acre parcel for a road right-of-way
3) Recommendation that the Board of County Commissioners considers
a request made by the Collier County Emergency Medical Services
Policy Advisory Board to revise the terms of the advisory board
members as established by Resolution No. 2009-37.
Resolution 2009-239
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
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
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October 13, 2009
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.
Continued to the October 27, 2009 BCC Meeting (Per Agenda Change Sheet)
A. This item requires that ex parte disclosure be provided by Commission
Members~ should a hearinf! be held on this item all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2009-651, to disclaim, renounce and vacate the County's and the Public's
interest in a drainage easement over Tract C02, as designated, and according
to the Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as
recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Section 10 & 15 , Township 51 South, Range 26
East, Collier County, Florida, and being more specifically described in
Exhibit A.
B. This item requires that ex parte disclosure be provided bv Commission
Mem bers~ should a hearinf! be held on this item all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2009-570, to disclaim, renounce and vacate the County's and the Public's
interest in a 5-foot wide Utility Easement along the southwesterly line of
Site #57, Pelican Bay Unit Ten, according to the Plat thereof as recorded in
Plat Book 15, Pages 64 through 67, inclusive, of the Public Records of
Collier County, Florida, situated partly in Section 33, Township 48 South,
Range 25 East and partly in Section 4, Township 49 South, Range 25 East,
Collier County, Florida, and being more specifically described in Exhibit A.
Resolution 2009-240
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2009-AR-14231
Peace Lutheran Church of Naples, Inc., represented by Margaret Perry,
AICP of WilsonMiller, Inc., and R. Bruce Anderson of Roetzel & Andress,
LP A, request a conditional use for a church, child care center, and private
school in the Rural Agriculture (A) zoning district pursuant to subsection
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October 13, 2009
2.03.01.A,l.c. of the LDC. The subject property is located at 9824
Immokalee Road, in Section 25, Township 48 South, Range 26 East, Collier
County, Florida. (CTS)
Resolution 2009-241
D. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2004-03, the Collier County Airport
Authority Ordinance, to provide for the appointment of an alternate member.
Ordinance 2009-49
E. Recommendation that the Board of County Commissioners adopts an
Ordinance amending 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.
Ordinance 2009-50
F. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 75-16, as amended, relating to the
conduct of meetings of the Board of County Commissioners, to modify the
procedure for calling a meeting to order in the absence of the Chairman and
Vice Chairman.
Ordinance 2009-51
Moved to Item #8B (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Section Five, Penalties, of Ordinance 2008-22, the
Collier County Intersection Safety Ordinance, in order to establish a tiered
civil fine structure for initial and subsequent violations.
H. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 1975-16, as amended, relating to the
procedure for reconsideration of matters by the Board of County
Commissioners.
Ordinance 2009-52
I. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-242
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October 13, 2009
J. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Recommendation to
approve a resolution of the Board of County Commissioners of Collier
County, Florida, which designates the Close-Out of twenty (20) adopted
Planned Unit Developments (PUDs) which have fully completed
development pursuant to their development orders constructing to the
authorized density and/or intensity and have been found by county staff to
be compliant with their specific developer commitments.
Resolution 2009-243
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.
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October 13, 2009