Recap 11/10/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
November 10,2009
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."
Page 1
November 10,2009
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
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
B. October 13, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
C. October 14, 2009 - BCC/Legislative Workshop
Approved as presented - 5/0
3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
Page 2
November 10, 2009
5 Years
1)
2)
3)
4)
5)
6)
7)
15 Years
1)
2)
Richard Heers, Immokalee Enterprise Zone Development Agency
Presented
Karen Beatty, Bayshore/Gateway Triangle Local Redevelopment
Advisory Board
Not present
Lee Horn, Contractors' Licensing Board
Presented
Michael Boyd, Contractors' Licensing Board
Not present
Donna J. Reed, Collier County Planning Commission
Not present
Jerry Sanford, Collier County Citizens Corps
Not present
Elizabeth M. Perdichizzi, Historical/Archaeological Preservation
Board
Presented
Stephen B. Greenberg, Golden Gate Estates Land Trust Committee
Not present
Dalas D. Disney, Development Services Advisory Committee
Presented
4. PROCLAMATIONS (One motion taken to Adopt Items #4C through #4F)
A. Proclamation designating November 10, 2009 as Lance Corporal Dennis 1.
Burrow Day. To be accepted by Staff Sergeant Juan Flores and Mr. Jack
Mischung.
Adopted - 5/0
Page 3
November 10, 2009
B. Proclamation designating November 11,2009 as Veterans Day. To be
accepted by Jim Elson, Captain, US Army (Ret)., President, Collier County
Veterans Council.
Adopted - 5/0
C. Proclamation designating November 20 - 26, 2009 as Farm-City Week. To
be accepted by Cyndee Woolley, 2009 Farm City BBQ Chairperson.
Adopted - 5/0
D. Proclamation designating November, 2009 as Diabetes Awareness Month.
To be accepted by LaVerne Franklin, Black Affairs Advisory Board
member.
Adopted - 5/0
E. Proclamation designating November 10, 2009 as Keeping Collier
Neighborhoods Clean and Safe Day. To be accepted by Brian Davenport,
Sarah Davenport and Matthew Hayes.
Adopted - 5/0
F. Proclamation designating November 15, 2009 as America Recycles Day in
Collier County. To be accepted by staff from Collier County Utility Billing
Customer Service, Solid Waste Management Department, Waste
Management, Inc. and Keep Collier Beautiful.
Adopted - 5/0
5. PRESENTATIONS
Continued to the January 26, 2010 BCC Meeting (Per Agenda Change Sheet)
A. Presentation on the Youth Resource Center by Sheriff Kevin Rambosk.
B. Clay Cross, Project Manager of Astaldi Construction Corporation, will
provide updated information on the Santa Barbara Boulevard Extension
Project #60091, a 6-lane highway between Rattlesnake Hammock Road and
Davis Boulevard linking Polly Avenue to the existing Santa Barbara
Boulevard. Project includes roadwork, utility lines, streetlighting, sidewalks,
drainage ponds, and LASIP canal work.
Project updated and has a finish date of May 25, 2010
Page 4
November 10, 2009
6. PUBLIC PETITIONS
A. Public petition request by Lynn Smallwood McMillin to discuss waiver for
off-premise signage for the Ted Smallwood's Store, Inc., Chokoloskee, FL.
Motion directing staff to obtain a historical designation for the sign and
to bring the item back at a future meeting - Approved 5/0; Motion to
place hold on code enforcement case and put the sign back up -
Approved 4/1 (Commissioner Halas opposed)
B. Public petition request by Georges Chami to discuss zoning issue at 7770
Preserve Lane.
Motion directing staff to get an official interpretation for uses, zoning
and parking w /staff to bring back to future meeting - Approved 5/0
C. Public petition request by Larry Magel to discuss candidacy for Marco
Island City Council while serving on County Advisory Committees.
Motion for petitioner to resign current advisory positions so the
County can declare a vacancy and to delay appointments pending
elections - 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
A. This item has been continued from the October 27, 2009 BCC meetinl!.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: CU-2008-AR-13245
Collier County through its Solid Waste Management Department,
represented by David Deans ofPBS & J, is requesting Conditional Uses
within the Rural Agricultural Zoning District within the North Belle Meade
Overlay and Rural Fringe Mixed Use District (RFMU) Overlay for Sending
Areas to allow 1) a Collection and Transfer Site for Resource Recovery,
pursuant to Collier County Land Development Code (LDC) Section
2.03.01.A.l.c.12; and 2) Public Facilities, including Solid Waste and
Resource Recovery Facility and Public Vehicle and Equipment Storage and
Repair Facilities pursuant to LDC Section 2.03.08.A.4.a.(3)(b) of the RFMU
District for a project to be known as the Resource Recovery Park. The
subject property, consisting of approximately 344 acres, is located
Page 5
November 10,2009
approximately 1.5 miles east of Collier Boulevard and I mile north of White
Lake Boulevard, in Section 25, Township 49 South, Range 26 East, Collier
County, Florida.(CTS)
Resolution 2009-275 Adopted - 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the October 27, 2009 BCC meetinl!
to the November 10,2009 BCC meetinl! and has been further continued
to the December 1, 2009 BCC meetinl!. Recommendation to consider
adoption of an ordinance establishing the City Gate Community
Development District (CDD) pursuant to Section 190.005, Florida Statutes.
Moved from Item #17C (Per Agenda Change Sheet)
B. This item reQuires that ex parte disclosure be provided bv Commission
members. Should a hearinl! be held on this item, all participants are
reQuired to be sworn in. PUDA-PL2009-llO: DiVosta Homes, LP,
represented by Chris Hasty ofPulte Homes, Inc. and Margaret Perry, AICP
ofWilsonMiller, Inc., is requesting an amendment to the Winding Cypress
PUD, adopted in Ordinance No. 02-35 and amended in Ordinance No. 02-
48, to alter the side yard setback between structures on Tract A as depicted
on the PUD Master Plan but maintain a minimum of 10 feet between
structures. The subject site is located in the southeast comer of Collier
Boulevard (CR-95I ) and Sabal Palm Road in Sections 26, 34, 35, Tow nship
50 South, Range 26 East and Sections 2 and 3, Township 51 South, Range
26 East, Collier County, Florida.
Ordinance 2009-61 Adopted - 4/1 (Commissioner Coyle opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
Resolution 2009-276: Appointing Jeffrey M. Randall (fulfilling the
remainder of the vacant term expiring April 4, 2013) - Adopted 5/0
B. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2009-277: Appointing William C. Schafer to fulfill the
remainder of vacant term expiring December 31, 2009 and for an
Page 6
November 10, 2009
additional4-year term expiring December 31, 2013 - Adopted 3/2
(Commissioner Henning and Commissioner Coletta opposed)
C. Appointment of member to the Contractors Licensing Board.
Resolution 2009-278: Appointing Patrick White (representing the City
of Naples) for the 3-year term expiring October 20, 2012 - Adopted 5/0
D. Appointment of member to the Horizon Study Oversight Committee.
Resolution 2009-279: Appointing Mark Teaters - Adopted 5/0
E. Appointment of member to the Golden Gate Estates Land Trust Committee.
Resolution 2009-280: Appointing Jeffrey Scott Curl- Adopted 5/0
Added (Per Agenda Change Sheet)
F. Consideration to amend the Administrative Manual associated with the
Vehicle for Hire Ordinance to provide for issuance of a temporary license to
operate in Collier County under specified terms and conditions.
(Commissioner Coyle's request)
Resolution 2009-281 Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners approves
conceptual changes to the Animal Control Ordinance accommodating trap-
neuter-return of cats, incorporating anti-cruelty provisions such as anti-
chaining of dogs, and revising dangerous dog declaration appeal processes;
and directs the County Manager or his designee to prepare and advertise
ordinance changes to be approved by the Board at a future meeting.
(Amanda Townsend, Domestic Animal Services Director)
Approved - 5/0
B. Recommendation that the Board of County Commissioners approves a staff-
recommended Domestic Animal Services department mission statement that
addresses the public's and Domestic Animal Services Advisory Boards
desire to include adoption in the statement. (Amanda Townsend, Domestic
Animal Services Director)
Approved - 5/0
Page 7
November 10, 2009
C. 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 (Gary Mullee, Manager Operations Support, CDES)
Resolution 2009-274 Adopted w/stipulations - 4/1 (Commissioner
Henning opposed)
Moved from Item 16D8 (Per Agenda Change Sheet)
D. Recommend that the Board of County Commissioners approves the Florida
Shore and Beach Preservation Association (FSBP A) invoice dated
September 28, 2009 for $2,000 to the FSBP A Legal Defense Fund in
support of the current beach renourishment legislation scheduled to be heard
by the US Supreme Court in December 2009.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item continued to the December 1, 2009 BCC Meetinl!.
Recommendation to consider adoption of an ordinance amending the City
Gate Commerce Park PUD (Ordinance No. 88-93) to allow streets to be
public.
Moved from Item #16K2 (Per Agenda Change Sheet)
B. Recommendation that the Board approves the proposed Addendum to the
Naples Zoo Lease. (Commissioner Halas' request)
Approved w/change - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves, and authorizes its Chairman to sign, an
amendment to the employment agreement between the CRA and Penny S.
Page 8
November 10,2009
Phillippi, the Immokalee CRA Executive Director, extending the term of
employment three years.
Approved - 5/0
B. Recommendation that the Collier County Board of County Commissioners
approve and authorize the Airport Authority to begin a search for an
Executive Director.
To be brought back at the December 1, 2009 BCC Meeting with
recommendations and direction from Teresa Cook - Consensus
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs - Letter from Laura Donaldson regarding Commission's
position on Draft Consolidation Bill
B. Commissioner Henning - Salute to Veterans tomorrow
C. Commissioner Henning - Correspondence regarding an Interlocal
Agreement between the BCC and the Fire Districts
D. Commissioner Coletta - Public Petition/Speaker Timer
E. Commissioner Halas - Circumventing Code Enforcement Cases
F. Commissioner Halas - Correspondence from public missing/lost
G. Commissioner Fiala - Cambier Park Veteran's Memorial Celebration
H. Commissioner Fiala - Marco Island Museum display cases; will bring
this item back at a future BCC Meeting
I. 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 Mediterra Parcel 117.
With a release of any Utilities Performance Security (UPS)
Page 9
November 10, 2009
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Treviso Bay Clubhouse.
With a release of any Utilities Performance Security (UPS)
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 125
Replat, with the roadway and drainage improvements being privately
maintained.
Resolution 2009-259; w/release of the Maintenance Security
4) Recommendation to accept an alternate security from the owner of
Regal Acres, and to enter into a new Construction, Maintenance and
Escrow Agreement for Subdivision Improvements.
5) This item reQuires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. This is a
recommendation to approve for recording the final plat of
Neighborhood Shoppes at Orangetree.
W /stipulations
6) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 107, with
the roadway and drainage improvements being privately maintained.
Resolution 2009-260; w/release ofthe Maintenance Security
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 108, with
the roadway and drainage improvements being privately maintained.
Resolution 2009-261; w/release of the Maintenance Security
8) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 109, with
the roadway and drainage improvements being privately maintained.
Resolution 2009-262; w/release of the Maintenance Security
9) Recommendation to accept a proposed settlement providing for Partial
Release of one Lien and one Order in the Code Enforcement Actions
Page 10
November 10, 2009
entitled Collier County v. Thomas and Marian Baker, Code
Enforcement Board Case Nos. 2003-26 and 2006-62, for payment of
$8,458, to release property known as 2759 Lakeview Drive (parcel ID
48173480001), located within Collier County, Florida.
In order to settle a foreclosure lawsuit
10) Recommendation to impose lien in relation to the Code Enforcement
Action entitled Ruben Romero, Code Enforcement Board Case No.
CEPM 20080007069, on property located at 2183 41 st St. SW,
Naples, Florida (County incurred cost to date is $7,678.16).
Resolution 2009-263
B. TRANSPORTATION SERVICES
1) Recommendation to award Bid #09-5274 Immokalee Road (1-75 to
CR 951), Immokalee Road (CR 951 to 43rd) and CR 951 (US 41 East
to Davis Blvd) Landscape Maintenance for mowing within the right of
way to Commercial Land Maintenance and Caribbean Lawn &
Garden in the estimated annual expenditure of $273,360.00 (Fund
Ill, Various Cost Center).
Awarded to Commercial Land Maintenance (1-75 to CR 951),
Caribbean Lawn & Garden (CR 951 to 43rdl, and Commercial
Land Maintenance (US 41 East to Davis Blvd)
2) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Memorandum of Agreement
with Florida Department of Transportation (FDOT) to include and
complete the FDOT resurfacing project of SR95l with the County's
US-4l and SR/CR-95I intersection project and to execute a
Resolution memorializing the Board's action.
Resolution 2009-264
3) Recommendation that the Board approve an Underground Facilities
Conversion Agreement (UFCA) and authorize payment to Florida
Power & Light Company in the amount of$23,242.00 required under
the UFCA for conversion of certain overhead electric distribution
facilities located on Channel Drive within the Vanderbilt Beach
Municipal Service Taxing Unit for underground distribution.
Page II
November 10, 2009
With the remainder of the overhead utilities converted to
underground at a future date
4) Recommendation that the Board approves a Memorandum of
Agreement between Florida Department of Agriculture and Consumer
Services, Division of Forestry and the County Commissioners for
Collier County, Florida pertaining to the coordination and provision of
maintenance responsibilities for Sabal Palm Road Extension through
the Sabal Palm Road Extension Municipal Services Taxing Unit (the
MSTU) and a Resolution authorizing the Chairman to execute the
Agreement.
Resolution 2009-265
C. PUBLIC UTILITIES
1) Request by staff for authorization to advertise and bring back for the
Boards consideration an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as
amended, to incorporate a provision clarifying the imposition of
Water and Sewer Impact Fees on geographic areas within the Collier
County Water-Sewer District until such a time when connection to the
regional water and/or sewer system is anticipated within a ten-year
period as identified by the most current Public Utilities Water and
Wastewater Master Plan Updates and the Annual Update and
Inventory Report.
As detailed in the Executive Summary
D. PUBLIC SERVICES
1) Recommendation to approve Domestic Animal Services support for
local entities offering low-cost solutions to animal-related issues in
Collier County.
To help prevent zoonotic diseases and pet overpopulation
2) Recommendation to adopt a Resolution establishing the Collier
County Domestic Animal Services Fee Policy as of December 1, 2009
and superseding resolutions 95-107, 95-106, 93-404, 2008-251 and all
Page 12
November 10, 2009
other resolutions establishing animal services-related fees.
Resolution 2009-266
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, eight (8) lien agreements for
deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. (Fiscal
impact $141,913.28)
Impact Deferrals for the following lots: Trail Ridge Lot 80,
$22,325.96; Trail Ridge Lot 75, $22,325.96; Trail Ridge Lot 82,
$22,325.96; Liberty Landing Lot 62, $14,987.08; Liberty Landing
Lot 61, $14,987.08; Liberty Landing Lot 59, $14,987.08; Liberty
Landing Lot 128, $14,987.08; Liberty Landing Lot 127, $14,987.08
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign certifications required by the
State of Florida, Department of Children and Families (DCF)
Challenge Grant in order to be eligible to be awarded 2010 Challenge
Grant funding.
Providing assistance to homeless Collier Citizens through five
non-profit entities: St. Matthew's House, The Shelter for Abused
Women and Children, National Alliance on Mental Illness, The
Collier County Hunger and Homeless Coalition and Youth
Haven, Inc.
5) Recommendation to award Bid #09-5311 to Pepsi Cola Bottling
Company of Naples, Florida for Beverage Products, Equipment and
Service.
For sale to the public at Parks and Recreation concession stands
6) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the FY 2009-10 Agreement with
the David Lawrence Mental Health Center, Inc. in the amount of
$1,034,195.
For the period October 1,2009 through September 30, 2010
7) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an Agreement with Physicians
Page 13
November 10, 2009
Regional Medical Center for participation in the Low Income Pool
(LIP) program for services provided on behalf of the Housing and
Human Services Department, Department of Health and David
Lawrence Center Mental Health Center to generate an additional
$418,370 in Federal matching funds.
For the period October 1,2009 through September 30, 2010
Moved to Item #10D (Per Agenda Change Sheet)
8) Recommend that the Board of County Commissioners approves the
Florida Shore and Beach Preservation Association (FSBP A) invoice
dated September 28, 2009 for $2,000 to the FSBP A Legal Defense
Fund in support of the current beach re-nourishment legislation
scheduled to be heard by the US Supreme Court in December 2009.
E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners award Bid
#09-5263, Office Supplies County Wide to Staples Contract and
Commercial, Inc. in the estimated annual amount of $200,000.
2) Recommendation to authorize the County Manager, or his designee,
to submit a $20,000 Florida Fish and Wildlife Conservation
Commission (FWC) Gopher Tortoise Habitat Management Assistance
Request to fund fire line installation at the Conservation Collier
Railhead Scrub Preserve.
To ensure long-term safety of the species
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period September 24, 2009 through October 21, 2009
4) Recommendation to award Bid #09-5254 and a contract for Grounds
Maintenance of Collier County Government Facilities to Hannula
Landscaping & Irrigation, Inc. for an estimated annual amount of
$400,000.
5) Recommendation that the Board of County Commissioners reject Bid
#09-5297, for the renovation of the Courthouse 1st and 4th floors
Page 14
November 10, 2009
(Building L), Project #52004.
Project will be separated into three individual smaller projects on
an as needed basis depending on availability of funding
6) Recommendation that the Board of County Commissioners, acting in
their capacity as Trustee of the GAC Land Trust Committee (Board),
approve and execute an Agreement to provide the Collier County
Parks and Recreation Department an amount not to exceed $7,200.00
for the purchase of a sound system and associated equipment for use
at the Max Hasse Community Park.
Located at 3390 Golden Gate Blvd. West, Golden Gate Estates
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
Grant Agreement 2009CKWX0204 in the amount of$350,000 from
the United States Department of Justice, Office of Community
Oriented Policing Services (COPS) Technology Program for public
safety technology equipment and approve all necessary budget
amendments.
Including the following equipment: computer systems, telephone
devices, scanners, tower equipment and internet/intranet switches
for the Emergency Operations Center
2) Recommendation that the Board of County Commissioners approves
an Agreement between the State of Florida, Division of Emergency
Management and Collier County accepting $7,086 for the preparation
of Hazards Analysis Reports for facilities storing extremely hazardous
substances within Collier County and authorize all necessary budget
amendments.
3) Recommendation to recognize and appropriate insurance proceeds in
the amount of$20,952.50 and to authorize the necessary Budget
Amendment.
For a Ford Explorer that sustained heavy damage in a motor
vehicle accident
Page 15
November 10, 2009
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-267
5) Recommendation that the Board of County Commissioners approve
the purchase ofthree replacement ambulances in an amount of
$555,000 for Emergency Medical Services using carry-forward from
FY09 and authorize the necessary Budget Amendment.
Due to age of the fleet, breakdowns are becoming more frequent
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Board of County Commissioners to accept
the Tertiary Stormwater System Improvement Plan for Gateway
Triangle Residential Area as presented by the Collier County
Community Redevelopment Agency; recognizing how the plan
complements the County's secondary system project for the Gateway
Triangle; authorize the County Manager, or his designee, to provide
support to the CRA where needed; and approve CRA staffs approach
to execute the plan. (Source of funding - CRA TIF Fund 187) (David
Jackson, Executive Director Bayshore Gateway Triangle CRA)
As detailed in the Executive Summary
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute the attached Lease with Auto Pride Collision
Centers, Inc., a Florida Corporation permitting them to continue the
operation of the existing business on CRA owned property located at
1911 E. Tamiami Trail in the Gateway Mini - Triangle for an annual
rent of$128,084.00 for the first year and $150,000.00 or five (5%) of
the Lessees gross sales for each successive year.
The lease is from January 1, 2010 through December 31, 2012
with a provision for a one time two-year lease extension
3) Request that the Collier County Community Redevelopment Agency
(CRA) approve the application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
Page 16
November 10, 2009
for reimbursement of$10,789 for facade improvements to Lozano's
Restaurant located at 405 New Market Road in Immokalee, Florida.
For the design & installation of a new lighted sign
4) Recommendation that the Board of County Commissioners approve
and authorize the Airport Authority to utilize $83,850 from the
Immokalee Infrastructure Fund 497 to front-fund the reconstruction of
the Sheriff's dwelling and Tiki Hut, damaged by Hurricane Wilma at
Everglades Airpark, and associated budget amendments. This project
is eligible for reimbursement from the Federal Emergency
Management Agency (FEMA).
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Kiwanis Club of Marco Island Officer's Installation
Dinner on November 6, 2009 at Bristrol Soleil at the Old Marco Inn
on Marco Island, FL. $75.00 to be paid from Commissioner Fiala's
travel budget.
Located at 100 Palm St., Marco Island
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend Iron Chef Marco Island on November 15,2009 at Bistro
Soleil on Marco Island, FL. $85.00 to be paid from Commissioner
Fiala's travel budget.
Located at 100 Palm St., Marco Island
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Christmas Island Style Jazz Jam Session on November
I, 2009 at Erin's Isle in Naples, FL. $25.00 to be paid from
Commissioner Fiala's travel budget.
Located at 6190 Collier Blvd., Naples
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Page 17
November 10, 2009
Will attend the State of the Arts in Collier County Luncheon on
November 13,2009 at Hideaway Beach Club on Marco Island, FL.
$30.00 to be paid from Commissioner Fiala's travel budget.
Located at 250 S. Beach Dr., Marco Island
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Jolly Cricket Grand Opening Benefitting Naples Zoo
on November 11,2009 at the Jolly Cricket in Naples, FL. $25.00 to be
paid from Commissioner Fiala's travel budget.
Located at 720 Fifth Avenue S., Naples
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Gulfshore Playhouse Reception and Silent Auction on
November 8, 2009 at Naples Tomato in Naples, FL. $50.00 to be paid
from Commissioner Fiala's travel budget.
Located at 14700 Tamiami Trail N., Naples
7) Commissioner Jim Coletta requests Board approval for
reimbursement regarding attendance at a function serving a Valid
Public Purpose. Attended the EDC October Investors Luncheon on
October 6,2009 in Naples, FL. $15.00 to be paid from Commissioner
Coletta's travel budget.
Held in the Naples Daily News Community Room, 1200
Immokalee Road, Naples
8) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the NAACP 27th Annual Freedom Fund Dinner and
Centennial Celebration on October 3, 2009 in Naples, FL. $65.00 to
be paid from Commissioner Coletta's travel budget.
Located at 1901 Gulf Shore Boulevard N., Naples
9) Recommendation that the Board of County Commissioners approve
the donation of an enclosed trailer to Samuel A. Cadreau, individual,
member of the Freedom Memorial Task Force.
For the transport of t-shirts, informational and educational
Page 18
November 10, 2009
material, the Freedom Memorial Model, banners and a 600
pound piece of steel from the original Twin Towers
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners endorse the
United States Department of Justice and United States Department of
Treasury combined Equitable Sharing Agreement and Certification
through September 20 I 0, allowing the Sheriffs Office to receive an
equitable share of net proceeds of a Federal Forfeiture resulting from
the Sheriffs participation in joint criminal investigations.
Funds used to supplement Law Enforcement purposes
2) To obtain board approval for disbursements for the period of October
17,2009 through October 23,2009 and for submission into the
official records of the board.
3) To obtain board approval for disbursements for the period of October
24, 2009 through October 30, 2009 and for submission into the
official records of the board.
4) Request that the Board of County Commissioners approves the
transfer of tangible personal property, purchased in FY 2009 to
benefit the Collier County Sheriff, to the custody of the Sheriff of
Collier County.
Consisting of purchased and installed fixtures, equipment, and
furniture in the newly-constructed fleet & operation facilities
5) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for time period October I,
2008 through September 30, 2009.
6) Recommendation that the Board of County Commissioners Approve
and Authorize the Chairman to sign an Agreement Authorizing the
Page 19
November 10, 2009
Collier County Sheriff's Office to have Traffic Control Jurisdiction
over Private Roads within the Shores at Berkshire Lakes and the
Preserve at the Shores at Berkshire Lakes Subdivisions.
K. COUNTY ATTORNEY
1) Report with respect to a recent order denying Defendant, Collier
County's Motion for Rehearing and/or Clarification in the lawsuit
styled Craig Grider and Amber Grider v. Collier County, Case No.
08-7794-CA, and the intent of the County Attorney to file an appeal of
this order to the Florida Second District Court of Appeal, absent
further Board direction.
Moved to Item #12B (Per Agenda Change Sheet)
2) Recommendation that the Board approves the proposed Addendum to
the Naples Zoo Lease.
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 to approve a resolution of the Board of County
Commissioners of Collier County, Florida, designating the adopted Tamiami
Professional Center Planned Unit Development (PUD) as Closed-Out
Resolution 2009-268
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 92-60, as amended, the Collier County
Page 20
November 10, 2009
Tourist Development Tax Ordinance, in order to: (I) reallocate $500,000 of
the annual funds set aside for Catastrophe Reserves for tourism destination
marketing for a period of one year; and (2) to reallocate $500,000 of the
$2,000,000 per year set aside for Major Beach Renourishment Reserves for
tourism destination marketing for a period of one year.
Ordinance 2009-58
Moved to Item #8B (Per Agenda Change Sheet)
C. PUDA-PL2009-llO: DiVosta Homes, LP, represented by Chris Hasty of
Pulte Homes, Inc. and Margaret Perry, AICP of Wilson Miller, Inc., is
requesting an amendment to the Winding Cypress PUD, adopted in
Ordinance No. 02-35 and amended in Ordinance No. 02-48, to alter the side
yard setback between structures on Tract A as depicted on the PUD Master
Plan but maintain a minimum of 10 feet between structures. The subject site
is located in the southeast comer of Collier Boulevard (CR-951) and Sabal
Palm Road in Sections 26, 34, 35, Township 50 South, Range 26 East and
Sections 2 and 3, Township 51 South, Range 26 East, Collier County,
Florida.
D. SE-PL2009-1026: A resolution to correct a scrivener's error in Resolution
Number 07-99 (Development Order 07-02), for the HalstattlGrey Oaks
Development of Regional Impact, to correct Paragraph 4 on page 3 that
reads "biannually" (twice a year) instead of "biennially" (once every two
years), and to insert the proper dates on the blank spaces left for those dates.
The subject property is located in the northeast, southeast, and northwest
quadrants of Airport-Pulling Road and Golden Gate Parkway, in Sections
24, 25 and 26, Township 49 South, Range 25 East, Collier County and the
City of Naples, Florida.
Resolution 2009-269/Development Order 2009-01
E. Recommendation that the Board of County Commissioners adopt an
ordinance adopting the Florida Building Code 2007 Edition, and pursuant to
the authority granted by section 553.80(3), Florida Statutes, adding certain
exemptions to permitting requirements pursuant to Section 105.2 of the 2007
Florida Building Code relating to addition, alterations, or repairs (including
water heaters) performed by a property owner on his or her property, and
providing for repeal of Ordinance No. 2002-01 in its entirety.
Ordinance 2009-59
Page 21
November 10, 2009
F. This item reQuires that ex parte disclosure be provided bv Commission
members. Should a hearinl! be held on this item, all participants are
reQuired to be sworn in. CU-2008-AR-13786 Unity Faith Missionary
Baptist Church, Inc. represented by Gina R. Green, P.E. of Gina R. Green,
P.A., is requesting a Conditional Use No.1 expansion in the Estates (E)
zoning district pursuant to Collier County Land Development Code
Subsection 2.03.01.B.l.c.1. The proposed Conditional Use will expand an
existing church by adding a 13,100 square-foot multi-purpose building to be
used for a gymnasium, classrooms, youth fellowship and a kitchen for a 5.23
acre property located on the east side of 39th Street S. W. and on the south
side of the future Green Boulevard extension, in Section 14 and 23,
Township 49 South, Range 26 East, Collier County, Florida.
Resolution 2009-270
G. Recommendation that the Board of County Commissioners approve an
amendment to Ordinance Number 08-47, as amended (Maximum fees for
non-consent towing and storage of vehicles), 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.
Ordinance 2009-60
Resolution 2009-271
H. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009-10 Adopted Budget.
Resolution 2009-272
I. Recommendation for the Board of County Commissioners (BCC) to approve
a Resolution designating approximately 17.665 acres ofland owned by the
Community Redevelopment Agency (CRA) as a Brownfield Area; designate
the Bayshore Gateway Triangle Redevelopment Agency Local Advisory
Board as the Brownfield Advisory Committee; and authorize the County
Manager, or his designee, to notify the Department of Environmental
Page 22
November 10, 2009
Protection of said designation.
Resolution 2009-273
18. ADJOURN - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 23
November 10, 2009