Recap 03/09/2010 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
March 9, 2010
9:00 AM
Fred W. Coyle, BCC Chairman Commissioner, District 4
Frank Halas, BCC Vice-Chairman Commissioner, District 2
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Donna Fiala, BCC Commissioner, District 1; CRAB Vice-Chairman
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."
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March 9, 2010
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 VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor John Boutchia - Gospel Baptist Church
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,)
Motion to table Items #17C & #17D for 6 Months - Failed 2/3
(Commissioner Coyle, Commissioner Henning and Commissioner
Coletta opposed); Motion approving Consent and Summary Agenda as
amended - Failed 3/2 (Commissioner Fiala and Commissioner Halas
opposed); Motion approving Consent Agenda and Items #17A & #17B
on Summary Agenda - Approved 5/0; Motion approving Items #17C &
#17D on the Summary Agenda - Adopted 3/2 (Commissioner Halas and
Commissioner Fiala opposed)
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March 9, 2010
B. February 9, 2010 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 5 Year Attendees:
1) Ana Salazar, lmmokalee Enterprise Zone Development Agency
Not Present
2) Tony Pires, Land Acquisition Advisory Committee
Presented
4. PROCLAMATIONS (one motion taken adopting all proclamations)
A. Proclamation designating March 14,2010 through March 20,2010 as Save
The Florida Panther Week. To be accepted by Tom Murray and Lisa
Ostberg, Sponsored by Commissioner Coletta,
Adopted - 5/0
B. Proclamation designating March as Guardian Ad Litem Month, To be
accepted by Frank Prado, Guardian Ad Litem Program Director and Lorrie
Moore, Collier County Volunteer Supervisor/Team Leader. Sponsored by
Commissioner Fiala.
Adopted - 5/0
C. Proclamation designating March 14,2010 through March 20, 2010 as
Sunshine Week in Collier County. To be accepted by Heather Grimshaw on
behalf of the Collier County Board of County Commissioners and Crystal
Kinzel, Director of Finance and Accounting on behalf of Dwight E. Brock,
Clerk of Courts. Sponsored by Commissioner Henning.
Adopted - 5/0
D. Proclamation recognizing the Corkscrew Swamp Sanctuary and the Panther
Island Mitigation Bank for being designated as a "RAMSAR Wetland of
International Importance". To be accepted by a representative from the
Audubon Society, Sponsored by Commissioner Coletta.
Adopted - 5/0
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March 9, 2010
E. Proclamation designating March 10, 20 I 0 as A Day of Heightened
Awareness of Wildfire Danger in Collier County. To be accepted by Peter
Gaddy, Mike Ramsay, Tim Nance, and Jim Flanagan. Sponsored by
Commissioner Coletta.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Mark Martin, Senior Crew Leader, Road
Maintenance Department as the Employee of the Month for February 2010.
Presented
B. This item to be heard at 11:00 a.m. Presentation by representatives of the
Collier County Foreclosure Task Force concerning various legislative
proposals introduced in the 2010 Florida Legislative Session.
Presented and Discussed
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. The a!!enda item was advertised for consideration bv the BCC on
March 9. 2010. At the direction of the County Mana!!er this item has
been moved to the BCC A!!enda for March 23. 2010. Recommendation to
adopt amendments to the Capital Improvement Element of the Collier
County Growth Management Plan.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Environmental Advisory Council.
Resolution 2010-54: Appointing David Bishof as an alternate for
a term expiring July 28, 2011 - Adopted 5/0
B. Appointment of member to the Contractors' Licensing Board.
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March 9, 2010
Resolution 2010-55: Appointing Robert P. Meister III, representing the
City of Naples (Specialty Contractor Category) to fulfill the remainder
of a vacant term expiring February 28, 2012 - Adopted 5/0
C. Appointment of member to the Collier County Coastal Advisory Committee.
Resolution 2010-56: Appointing John Arceri (representing Marco
Island) to fulfill the remainder of a vacant term expiring May 22, 2012
Adopted - 5/0
D. Appointment of member to the County Government Productivity
Committee.
Motion to re-advertise - Approved 5/0
Withdrawn (Per Agenda Change Sheet)
E. Discussion regarding space needed for upcoming Census count.
(Commissioner Coletta request)
Time Certain 1:30 p.m. (Per Agenda Change Sheet)
F. Discussion regarding delineation of public and private property and
access/use rights on and along County beaches. (Commissioner Halas
request)
Motion to direct Staff to take steps for the removal of cones/signs and
drafting an ordinance with regards to not funding beach renourishment
projects for properties that restrict beach access - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:15 a.m. Recommendation to approve the
revised conceptual site plan for the Bayview Boat Park Expansion Project.
(Gary McAlpin, Coastal Zone Management Director)
Approved - 5/0
B. This item to be heard immediatelv followin!! Item #10A.
Recommendation to authorize the County Manager or his designee to
execute Change Order #2 to Work Order No. 4500101030 to Johnson
Engineering in the amount of $117,857 and permitting fees estimated at
$13,000 to complete the engineering and permitting for the Bayview Park
Expansion.(Gary McAlpin, Coastal Zone Management Director)
Approved - 5/0
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March 9, 2010
C. This item continued from the Februarv 23. 2010 BCC Meetin!!.
Recommendation to award Request for Proposal (RFP) No. 09-5262 for
Engineering Services for Collier County (estimated annual expenditures
$11,365,000). (Steve Carnell, Purchasing Department Director)
Motion to approve w/stafrs recommendations and move process
forward; County Attorney's Office to render opinion, guidance and
report back regarding legalities - Approved 4/1 (Commissioner
Henning opposed)
D. Recommendation to award a construction contract in the amount of
$2,904,563 for the North County Regional Water Treatment Plant Finished
Water Quality and Odor Control Compliance Project to Cardinal
Contractors, Inc., Bid # 10-5423, Project No. 71002. (Steve Carnell,
Purchasing Department Director)
Motion to Award Bid to Mitchell & Stark - Approved 3/2
(Commissioner Halas & Commissioner Coletta opposed)
E. Recommendation to accept the findings of the Safety Evaluation of
Proposed Golf Cart Crossing at the Intersection of Airport-Pulling Road at
Estuary Drive / Halstatt Drive and not authorize golf carts crossing Airport
Road. (Norman Feder, Transportation Services Administrator)
Motion to approve stafrs recommendation to not allow crossing at that
location - Approved 5/0
F. Recommendation to adopt a position on proposed Senate Bill 1454 which
provides that interest on county funds invested by the Clerk of Court is
income of the Office of the Clerk. (Debbie Wight, Assistant to the County
Manager)
Motion approving the Board's position that income on funds invested
by the Clerk of Courts are deemed income of the County - Approved
5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
Time Certain 2:30 p.m. (Per Agenda Change Sheet)
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March 9, 2010
A. To provide the Board a survey of vehicle immobilization rates (booting)
charged by other jurisdictions to assist in the Boards consideration of
whether to change the current twenty-five dollar vehicle immobilization rate
established by Resolution No. 2009-271 pursuant to Ordinance No. 08-47.
Motion for staff to bring back a report which includes stipulations -
Approved 4/1 (Commissioner Halas opposed)
Time Certain 11:00 a.m. (Per Agenda Change Sheet)
B. Report on pending foreclosure legislation.
Discussed with Item #5B
Added (Per Agenda Change Sheet)
C. Authorize the making of an Offer of Judgment to Respondent, C & T
Properties Unlimited, for Parcel Nos. I 26FEE and I 26TCE in the amount of
$501,000 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 $116,200)
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 9:45 a.m. Presentation of the Comprehensive
Annual Financial Report for the Fiscal Year ended September 30, 2009.
Motion to accept report - Approved 5/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Gavel handed from BCC Chairman Coyle to CRA Chairman Coletta
A. This item to be heard at 1:00 p.m. Recommendation that the Board of
County Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) approve the creation of a business development center at the
Airport in Immokalee as a collaboration between the Immokalee CRA and
the Collier County Airport Authority; approve the Inter-local Agreement;
authorize the expenditure of $100,000 in FY 20 I 0 from CRA Trust Fund
186 as seed money; and authorize all necessary budget amendments.
Approved - 5/0
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March 9, 2010
B. This item to be heard immediatelv followin!! Item #14A.
Recommendation that the Collier County Board of County Commissioners
(BCC) acting as the Community Redevelopment Agency (CRA) approve the
after-the-fact submittal of a Community Development Block Grant (CDBG)
Home Investment Partnership (HOME) grant application to Collier County
Housing & Human Services (HHS) for the first years operational and start-
up expenses of the Immokalee Business Development Center (IBDC) in the
amount of$110,500.
Approved - 5/0
C. This item to be heard immediatelv followin!! Item #14B.
Recommendation that the Collier County Board of County Commissioners
(BCC) acting as the Community Redevelopment Agency (CRA) approve the
Public Realm Plan for the Immokalee Central Business District.
Approved - 5/0
D. This item to be heard immediatelv followin!! #14C. Recommendation that
the Collier County Board of County Commissioners (BCC) acting as the
Community Redevelopment Agency (CRA) approve the after-the-fact
submittal ofa Community Development Block Grant (CDBG)/Home
Investment Partnership (HOME) grant application to Collier County
Housing & Human Services (HHS) for land acquisition expenses necessary
for the development of a downtown public plaza in the amount of $400,000.
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager - Letter from Rich Y ovanovich requesting a
reconsideration for a conditional use petition that was denied; Motion to
bring back for reconsideration - Approved 3/1 (Commissioner Halas
opposed and Commissioner Henning absent)
B. Commissioner Halas - Review of trip to Washington
C. Commissioner Coletta - Surveying for FEMA Flood Maps and assisting
homeowners - Will be brought back as a future consent item -
Consensus
D. Commissioner Coletta - Pending Supreme Court case allowing Clerk's
ability to audit
E. Commissioner Halas - Motion to Adjourn - Approved 4/0
(Commissioner Henning absent)
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March 9, 2010
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.
Motion to table Items #17C & #17D for 6 Months - Failed 2/3 (Commissioner Coyle,
Commissioner Henning and Commissioner Coletta opposed); Motion approving
Consent and Summary Agenda as amended - Failed 3/2 (Commissioner Fiala and
Commissioner Halas opposed); Motion approving Consent Agenda and Items #17 A
& #17B on Summary Agenda - Approved 5/0; Motion approving Items #17C &
#17D on the Summary Agenda - Adopted 3/2 (Commissioner Halas and
Commissioner Fiala opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facilities for Bobcat of Naples.
With the release of any Utilities Performance Security (UPS)
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Verona Walk, Phase 4A.
With the release of any Utilities Performance Security (UPS)
3) Recommendation to approval final acceptance of the water and sewer
utility facilities for 3500 Corporate Plaza.
With the release of any Utilities Performance Security (UPS)
4) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Samuel Lee Miller, Jr., Case No. 2006030716,
relating to property located at 4814 Myers Road, Immokalee, Florida.
Waiving $10,600 in accrued fines for property that has been
brought into compliance and is under new ownership
5) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Teudis Zamora, Case No. 2006120209, relating to
property located at 3471 2nd Avenue S.E., Naples, Florida.
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March 9, 2010
Waiving $26,750 in accrued fines for property that has been
brought into compliance by a new owner
6) Recommendation to approve the Release and Satisfaction of Lien for
payments received for specified Code Enforcement actions.
Releasing 19 liens for the amount of $19,062.46
7) Recommendation to approve, and authorize the Chairman to sign, a
Satisfaction of Lien, related to impact fees, due to the deferred impact
fees being paid in full, in accordance with the lmmokalee Residential
Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the
Collier County Code of Laws and Ordinances.
In the amount of $6,799.34 for Lot 27, Independence Phase I
8) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Diana Hall, CEB Case No.2003-036 relating to
property located at 790 12 Street N.E., Naples, Florida.
Waiving the remaining $341.84 in accrued fines for property that
has been brought into compliance
9) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. William L. Greeman, Case No. 2007070239,
relating to property located at 48 Flamingo Drive East, Naples, FL.
Waiving $31,950 in fines for property that has been brought into
compliance
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Easement Agreement, a Temporary
Construction Easement Agreement, and a Subordination of Easement
Interest and Agreement for Facility Relocation for a utility easement
which is required for the Gateway Triangle Stormwater Improvement
Project No. 51803 (Fiscal Impact: $19,525.00)
For property owned by Liberty Bank at 2027 Davis Boulevard
2) Recommendation to provide authority to make payment in the amount
of$135,625.00 to CH2MHill for Professional Services for Design
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March 9, 2010
Services for the Immokalee Road, Collier Blvd. to 43rd Ave. (Project
No. 60018)
Change Order No.5 for services performed and to complete the
process of certification to SFWMD
3) Recommendation to approve a Resolution supporting the
Transportation Planning Department's application to add the
Immokalee Regional Airport as an Emerging Facility on the Strategic
Intermodal System (SIS)
Resolution 2010-50
4) Update regarding the Contractors implementation of method and
means to achieve cost savings with regard to the acquisition of fill for
the Oil Well Road widening project and its relationship to the
Supplemental Agreement for the Sale ofFill with Ave Maria
Development, LLLP. (Project No. 60044)
As detailed in the Executive Summary
5) Request for authorization to advertise a proposed amendment to
Ordinance No. 92-40, as amended, which created the Immokalee
Beautification Municipal Service Taxing Unit, to expand its purpose
to include "stormwater and drainage."
6) Recommendation to enter into an Interlocal Agreement with Lee
County to coordinate a public transit link between Lee and Collier
Counties subject to available funding.
The proposed route would run south along US 41 from Coconut
Point Mall to Immokalee Road and provide transit connections
7) Recommendation to approve an amendment to an existing developer
agreement related to the Collier Boulevard Mixed Use Commerce
Center and the expansion of Collier Boulevard between Davis
Boulevard and the Golden Gate Main Canal regarding storm water
management improvements. (Project No. 60092)
Fiscal Impact: $158,450.50
Amending the original agreement entered into July 22, 2008
for a .05 acre increase to the drainage right-of-way and naming
FDOT as co-grantee for the Collier Boulevard Expansion
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March 9, 2010
8) Recommendation to approve a budget amendment in the amount of
$50,000 moving dollars from Lely MSTU Fund (152) Reserves to the
appropriate Fund (152) capital account for a project known as the
Warren Street Irrigation Re-Use Water Source Modification.
For the staff recommended "refurbishment project"
9) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 293RDUE) which is
required for the expansion of Golden Gate Boulevard from two lanes
to four lanes between Wilson Boulevard and DeSoto Boulevard.
(Project No. 60040) Fiscal Impact: $2,770
For 3,750 square feet of property at 2141 Golden Gate Blvd. E.
10) Recommendation to approve and authorize the Chairman to sign a
Compliance Agreement with MDG Capital Corporation, developer of
Arrowhead Planned Unit Development, in order to extend deadlines
set forth in Planned Unit Development Ordinance No. 02-40, as
amended, Paragraph L, Sub-Paragraph 2 and 3 and Paragraph M for
three years.
Due to the current housing recession this agreement extends the
PUD deadline three years and includes terms and conditions;
language change to paragraph 3 of the proposed compliance
agreement (per agenda change sheet)
C. PUBLIC UTILITIES
1) Recommendation to approve a Fifth Amendment to the Landfill
Operating Agreement between Collier County and Waste
Management, Inc., of Florida, providing administrative changes to
clarify definitions that are consistent with Florida Administrative
Code, Chapter 62-701, Solid Waste Management Facilities; to align
current business processes; and, to restructure payment formulas due
to the implementation of alternative daily cover materials including
Posi-Shell, mulch, and other Florida Department of Environmental
Protection agency approved alternative cover materials to maintain
odor control, landfill airspace preservation, and to provide estimated
annual operating cost savings of $266, 141, and estimated annual
airspace savings valued at $736,285.
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March 9, 2010
As detailed in the Executive Summary
2) Recommendation to authorize the Chairman to sign a grant contract,
Agreement #IOHM-88-09-21-01-012 with the State of Florida,
Division of Emergency Management, and to authorize the necessary
budget amendments, to spend up to $46,773 to install aluminum roll
down shutters and supporting equipment on the Collier County
Environmental Compliance and Landfill Scale House facility.
Installing 13 shutters for added protection during storms and
disasters
3) Recommendation to award Bid #10-5395, Telemetry and Electrical
Upgrades to 13 Lift Stations, to E. B. Simmond's Electrical, Inc., in
the base bid amount $837,113.97 for Project No.73922, Collections
Supervisory Control and Data Acquisition Improvements. Authorize a
budget amendment of$545,912.2l from Project No. 72549,
Collections Lift Station Mechanical Improvements to No. 73922.
For SCADA telemetry systems that allows staff the ability to
remotely operate stations, monitor flow and diagnose and
address malfunctions immediately
4) Recommendation to authorize a budget amendment to reallocate funds
in the amount of $900,000 from Reserves, to the South Reverse
Osmosis Raw Water Wellfield Pipeline Repair, Project No. 70030.
For the re-commissioning and comprehensive forensic evaluation
of a failed PVC pipe, minimizing the risk of future incidents
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign
seven (7) lien agreements for deferral of 100% of Collier County
impact fees for owner occupied affordable housing dwelling units
located in Collier County. Approval of this item will transfer
previously approved deferral agreements from developer to owner
occupants with a continuing fiscal impact of$149,645.62.
Transferring Habitat for Humanity owned properties to owner
occupants in the Liberty Landing and Naples Manor Subdivisions
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March 9, 2010
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign a Florida Fish and Wildlife
Conservation Commission Grant.
Used to create a minimum of three (3) new 300 ton artificial reefs
in a 4.5 mile site area off of Doctor's Pass
3) This item continued from the Februarv 23. 2010 BCC Meetin!!.
Recommendation to approve and authorize the Chairman to sign a
modification to Disaster Recovery Initiative Agreement #07DB-3V-
09-21-0 I-ZO I between the Florida Department of Community Affairs
and Collier County to reallocate $135,658.47 in unused project funds
to the Disaster Recovery Initiative Single Family Rehabilitation
Program.
For continued operation of the program which provides qualified
families the ability to perform hurricane mitigation activities
4) Recommendation to approve and authorize the Chairman to sign a
modification to Disaster Recovery Initiative Agreement #08DB-D3-
09-21-0 I-A03 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.
To complete hurricane hardening projects established for funding
under a 2008 sub-recipient grant agreement
5) Recommendation to approve and authorize the Chairman to sign an
amended release of lien to correct date and official records citations of
previously recorded impact fee deferral release of lien.
Clarifying a 2007 date and correcting an Official Records citation
6) Recommendation to approve the Community Development Block
Grant-Recovery (CDBG-R) template and authorize the Chairman to
sign four (4) sub-recipient grant agreements providing American
Recovery and Reinvestment Act (ARRA) funds for projects to assist
low and moderate income citizens throughout Collier County.
For agreements with the City of Marco Island, the Greater
Immokalee Southside Front Porch Community, Inc., the Housing
Development Corp. of SW Florida and the Empowerment
Alliance of SW Florida
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March 9, 2010
7) Recommendation to accept a report of the full accounting of Disaster
Recovery Initiative grant-related costs incurred for the replacement of
four homes severely damaged by Hurricane Wilma.
Reporting costs associated with replacing the four modular homes
in the amount of $603,886.67
8) Recommendation to approve and authorize the Chairman to sign a
Declaration of Deed Restriction between Collier County and the
Empowerment Alliance of Southwest Florida Community
Development Corporation for a project known as Hatcher's Preserve
in Immokalee, Florida.
To correct non-compliance regarding income eligibility for the
project that has been temporarily suspended by Florida's DCA
9) Recommendation to authorize a budget amendment not to exceed
$65,000 for mitigation work associated with the fuel tank replacement
at the Port of the Islands Marina and to recognize revenue from the
sellers escrow account to repay the County for the required work.
For costs associated removing contaminated soil found during
tank replacement
E. ADMINISTRATIVE SERVICES
1) Recommendation to award contract for Invitation to Bid (ITB)
No. 09-5273, Generator Maintenance, Repair, and Installation, to
Power Pro-Tech Services, Inc., as primary; Metro Power Systems,
Inc., as secondary; and Clean Fuel & Tank, Inc., for fuel polishing
(cleaning) in the estimated annual amount of $400,000.
For generator maintenance, repair, installation and cleaning
2) Recommendation to approve a First Amendment to Lease Agreement
with Hometown Landmark Estates, LLC, for the continued use of
vacant county owned land for vehicle parking with a first years
revenue of$2,500.
For a .75 acre parcel at the intersection of US 41 and CR 886
3) Recommendation to approve Collier County's participation in a
Partnership Agreement that was submitted by the Collier County
Page 15
March 9, 2010
School District for a Readiness and Emergency Management for
Schools Grant.
To provide disaster training for school staff and the development
of a Continuity of Operations (COOP) Plan for the School District
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the report period January 14 through February 10.2010
F. COUNTY MANAGER
1) Recommendation to recognize an insurance refund and approve the
necessary budget amendment for the Ochopee Fire Control District in
the amount of $4,600 for the purpose of replacing stolen items.
Replacing hand tools, a lawn mower, a generator and a new
vehicle pump purchased through a forestry grant
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
Resolution 2010-51
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) to approve the after-the-fact submittal of a
Community Development Block Grant (CDBG) Disaster Recovery
Initiative (DRI) grant application to Collier County Housing &
Human Services (HHS) for the partial design and construction of the
Immokalee Storm Water Master Plan in the amount of$4,840,604.
For the portion of the project in downtown Immokalee, FL
2) Request that the Board of County Commissioners (BCC) acting as the
Community Redevelopment Agency (CRA) approve a Resolution
changing various sections of the Immokalee CRA Commercial Facade
Improvement Grant Program Policies and Procedures Document,
Application and Recipient Agreement.
Page 16
March 9, 2010
CRA Resolution 2010-52
3) Recommendation to the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) to approve a grant request from the Eastern Collier
County Chamber of Commerce (ECOC) for funding totaling
$43,875.00 for the expenses associated with the 50th Annual Harvest
Festival scheduled March 20, 2010.
As detailed in the Executive Summary
4) Recommendation to approve and execute a Site Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (2818 Gulfview
Drive)
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Greater Naples Chamber of Commerce Wake Up Naples
event at the Hilton Hotel - 5111 Tamiami Trail North, Naples, FL on
February 16, 2010. ~ $25 (Per Agenda Change Sheet) to be paid
from Commissioner Henning's travel budget.
2) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon at the Hamilton
Harbor Yacht Club on February 22, 2010. $18.00 to be paid from
Commissioner Henning's travel budget.
Located at 7065 Hamilton Avenue
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Commissioner Coletta attended the Launching of Immokalee Housing
& Family Services on November 17,2009 in Naples, FL. $50.00 to be
paid from Commissioner Coletta's travel budget.
Held at the Naples Yacht Club, 700 14th Avenue S
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March 9, 2010
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Commissioner Coletta will be attending to the Honor the Free Press
Day on March 17, 20 lOin Naples, FL. $30.00 to be paid from
Commissioner Coletta's travel budget.
Held at the Naples Hilton located at 5111 Tamiami Trail North
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Commissioner Coletta will be attending on April 10, 20 10 to the 20 I 0
Gulf Citrus Gala in Labelle, FL. $120.00 to be paid from
Commissioner Coletta's travel budget.
At the LaBelle Civic Center, 481 State Road 80, LaBelle, FL
6) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Eastern Collier Chamber of Commerce on February 3, 2010
at 506 1st St, in Immokalee, FL. $15.00 to be paid from
Commissioner Coletta's travel budget.
Held at the Seminole Casino Pavilion, 506 1 st Street, Immokalee
7) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Wake Up Naples breakfast at Greater Naples Chamber of
Commerce on February 16,2010 date at 5111 Tamiami Trail North in
Naples, FL. $25.00 paid from Commissioner Coletta's travel budget.
Held at the Naples Hilton
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend authorization ofa budget amendment to transfer funds
collected for the Collier County Juvenile Assessment Center to the
Sheriff in the amount of $59,000 to be used exclusively for the
operation of the Juvenile Assessment Center.
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March 9, 2010
2) Recommend approval of the Sheriffs Application for Homeland
Security Fiscal Year 20 I 0 Operation Stonegarden and designate the
Sheriff as the Official Applicant, and the Sheriffs Office Staff as
Grant Program and Financial Managers to accept, receive and expend
grant funds, and approve and submit applicable budget and program
modifications.
Supporting homeland security goals focusing on increased border
surveillance, forming collaborative partnerships between law
enforcement agencies and operational support and coordination
3) To obtain Board approval for disbursements for the period of
February 20, 2010 through February 26, 2010 and for submisson into
the official records of the Board.
4) Recommendation that the Board of County Commissioners approve
the State of Florida Annual Local Government Financial Report for
Fiscal Year 2008-2009 as required by Florida Statute 218.32.
As detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $48,700 for Parcel209FEE in the lawsuit styled Collier
County v. Pablo M. Sardinas, et al., Case No. 07-2824-CA .(Oil Well
Road Project No. 60044) (Fiscal Impact $8,000)
2) Authorize the County Attorney to advertise two ordinances for future
Board consideration which would: (I) amend Ordinance No. 76-57
(the Public Solicitors Ordinance), so as to prohibit public solicitors
from misrepresenting that they are veterans of the military or
soliciting in military uniforms when they are neither present nor
former members of the military; and (2) amend Ordinance No. 87-60
(which regulates solicitation in the public right-of-way), as amended,
to require charitable organizations soliciting in military uniform or a
distinctive part of a military uniform to provide evidence of present or
former military service for each solicitor when applying for a permit.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
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March 9, 2010
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. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. RZ-PL2009-469 East
Naples Fire Control and Rescue District No. 26, represented by Robert L.
Duane, AICP of Hole Montes Inc., is requesting to rezone from Rural
Agriculture (A) and Commercial Intermediate (C-3) zoning districts to the
Public Use (P) zoning district for a Fire Station and accessory uses. The
subject property is 3.68 acres and is located in Section 20, Township 51
South, Range 27 East, Collier County, Florida.
Ordinance 2010-09
B. This item requires that ex parte disclosure be provided bv Commission
members. Should a hearin!! be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2009-1 025, to disclaim, renounce and vacate the County's and the
Public's interest in a portion of a 30-foot wide alley along the southerly line
of the plat known as Pettit Subdivision, as recorded in Plat Book 2, Page 88,
of the Public Records of Collier County, Florida, in Section 18, Township
52 South, Range 25 East, Collier County, Florida, and being more
specifically described in Exhibit A.
Resolution 2010-53
C. Recommendation to adopt an ordinance amending Ordinance No. 2004-03,
the Collier County Airport Authority Ordinance, for the purpose of
designating the Board of County Commissioners as the governing body of
the Airport Authority.
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March 9, 2010
Ordinance 2010-10 Adopted 3/2 (Commissioner Halas and
Commissioner Fiala opposed)
D. Recommendation to adopt an ordinance creating the Airport Authority
Advisory Board for the purpose of providing advice and recommendations
to the Board of County Commissioners, as the governing body of Collier
County Airport Authority, regarding the Marco Island Executive Airport,
Immokalee Regional Airport, Everglades Airpark and any future publically-
owned airports that are within the authority and control of Collier County.
Ordinance 2010-11 Adopted - 3/2 (Commissioner Halas and
Commissioner Fiala opposed)
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Henning absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 9, 2010