Recap 07/27-28/2010 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
July 27-28, 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 Vice-Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB Chairman
Tom Henning, BCC Commissioner, District 3 (absent July 28, 2010)
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENT A TION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE
UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
Page 1
July 27-28, 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 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
CERT AIN 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
A. Dr. William Lone - Methodist Fellowship 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.)
Approved and/or Adopted with changes - 5/0
B. June 8, 2010 - BCC/Regular Meeting Minutes
Approved as presented - 5/0
C. June 8, 20 I 0 - BCC/LDC Meeting Minutes
Approved as presented - 5/0
D. June 22, 2010 - BCC/Regular Meeting Minutes
Approved as presented - 5/0
Page 2
July 27-28, 2010
E. June 24, 2010 - BCC/Budget Workshop
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Ivette Monroig, GMD-Zoning Services
Presented
2) Matthew Vila, EMS
Presented
3) Julio Ordonez, GMD-Engineering
Presented
B. 25 Year Attendees
1) Nancy Frye, GMD-Traffic Operations
Presented
2) David Weeks, GMD-Comprehensive Planning
Presented
3) Frank Millot, EMS
Presented
C. 35 Year Attendees
1) Edward TOIToni, Parks & Recreation
Presented
4. PROCLAMATIONS
A. Proclamation designating August 16 - 20, 2010 as Florida Water
Professionals Week. Copy to be accepted by Paul Mattausch and staff and
copy being mailed to Timothy McVeigh, President, Florida Water and
Pollution Control.
Adopted - 5/0
Page 3
July 27-28, 2010
5. PRESENTATIONS
A. Presentation regarding the Florida Fish and Wildlife Conservation
Commission sponsored Youth Hunt held at Pepper Ranch Preserve. To be
presented by volunteer Huntrnaster Wayne Jenkins.
Presented
B. Recommendation to recognize James Foster, Senior Field Inspector, Public
Utilities Planning and Project Management Department, as the Employee of
the Month for June 2010.
Presented
C. Recommendation to recognize John Veit, Emergency Management
Coordinator, Bureau of Emergency Services, as the Employee of the Month
for July 2010.
Presented
6. PUBLIC PETITIONS
Continued to the September 14, 2010 BCC Meeting (Per Agenda Change Sheet)
A. Public Petition request by Mr. Anthony Brown regarding E-Verify.
Withdrawn (Per Agenda Change Sheet)
B. Public petition request by Phillip J. Smith regarding a tiered system of
impact fees.
C. Public petition request by Christopher J. Thornton, Esq. representing the
Casa Grande on Vanderbilt Beach Condominium Association Inc. regarding
pool renovation and related work.
Staff to work with petitioner (petitioner will need to get a variance in
order to obtain the CO) - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 ".m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
Page 4
July 27-28, 2010
Julv 28, 2010
A. Adopt a Resolution amending schedules one, two, and four through six of
Appendix A to Section Four of the Collier County Ordinance No. 2006-27,
the Collier County Water-Sewer District Uniform Billing, Operating And
Regulatory Standards Ordinance. This amendment includes proposed rates
with effective date of October I, 20 I O.
Resolution 2010-158 - Adopted 4/0 (Commissioner Henning absent)
9. BOARD OF COUNTY COMMISSIONERS
Continued to the September 14,2010 BCC Meeting (Per Agenda Change Sheet)
A. J. Peaceful L.c. 7770 Preserve Lane - Request for 12 parking spaces.
(Commissioner Henning)
B. This item to be heard at 10:00 a.m. Report from the Productivity
Committee regarding their analysis of potential economic impacts and
potential funding options for Jackson Labs project. (Commissioner Coyle)
Motion that staff expeditiously explore any possible internal funding
(or inter-fund transfer) options that could be made available for use
before State Legislature has notified the County regarding commitment
of any Federal funds - Approved 4/1 (Commissioner Henning opposed)
C. This item to be heard at 1 :30 p.m. Consider a request by Mayor Sammy
Hamilton to discuss the possible acquisition of the Everglades Airpark by
the City of Everglades City. (Commissioner Coletta)
Motion directing staff to work with the Executive Airport Authority
Director and bring back recommendations regarding conveyance of
this property with stipulation that it remain an airpark - Approved 5/0
D. Appointment of two Collier County Commissioners and three alternates to
the Value Adjustment Board.
Resolution 2010-146: Appointing Commissioner Henning and
Commissioner Coletta with remaining Commissioners serving as
alternates - Adopted 4/0 (Commissioner Henning absent)
E. Appointment of member to the Contractors Licensing Board.
Resolution 2010-147: Re-appointing Michael Boyd - Adopted 4/0
(Commissioner Henning absent)
Page 5
July 27-28, 2010
F. Appointment of member to the Consumer Advisory Board.
Resolution 2010-148: Appointing John Kerns (a term expiring
December 1,2011) - Adopted 4/0 (Commissioner Henning absent)
G. Appointment of member to the Environmental Advisory Council.
Resolution 2010-149: Appointing David Bishof (current alternate and
for a term expiring July 28, 2013) - Adopted 4/0 (Commissioner
Henning absent)
H. Appointment of member to the Collier County Planning Commission.
Resolution 2010-150: Appointing Diane K. Ebert (a term expiring
October 1, 2013) - Adopted 4/0 (Commissioner Henning absent)
I. Appointment of members to the Horizon Study Oversight Committee.
Resolution 2010-151: Appointing Mark Teaters and Patricia Humphries
with terms expiring April 28, 2012 - Adopted 4/0 (Commissioner
Henning absent)
J. Appointment of member to the Black Affairs Advisory Board.
Resolution 2010-152: Re-appointing Keith Upson - Adopted 4/0
(Commissioner Henning absent)
K. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
Resolution 2010-153: Appointing Carrie Williams (for a term expiring
April 4, 2011) - Adopted 4/0 (Commissioner Henning absent)
L. Appointment of member to the Housing Finance Authority.
Resolution 2010-154: Re-appointing Michael J. Carr, Sr. - Adopted 4/0
(Commissioner Henning absent)
(One Resolution to be prepared for Item #9M and Item #9N - Per County the
Attorney's Office)
M. Appointment of member to the Collier County Citizens Corps.
Resolution 2010-155: Appointing Margaret M. Lauzon (for a term
expiring November 11,2013) - Adopted 4/0 (Commissioner Henning
absent)
(One Resolution to be prepared for Item #9M and Item #9N - Per County the
Attorney's Office)
Page 6
July 27-28, 2010
N. Appointment of member to the Collier County Citizens Corps.
Resolution 2010-155: Appointing James J. von Rinteln - Adopted 4/0
(Commissioner Henning absent)
O. Appointment of members to the Emergency Medical Services Policy
Advisory Board.
Resolution 2010-156: Appointing Rosemary LeBailly(ER Nurse - term
expiring September 9, 2011), Dr. Todd Bethel (ER Physician - term
expiring September 9, 2013) and Jerome J. Pinto (Pharmacist - term
expiring September 9, 2011 - Adopted 4/0 (Commissioner Henning
absent)
P. Appointment of member to the Southwest Florida Workforce Development
Council, Region 24.
Resolution 2010-157: Appointing Beth Sterchi - Adopted 4/0
(Commissioner Henning absent)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 2:00 p.m. This item continued from the June
22,2010 BCC Meeting. Recommendation to provide increased recycling
services and household hazardous waste collection in North Naples by (1)
authorizing staff to design and build a North Naples Recycling Center at a
cost of $1,600,000; and, (2) approve the acquisition of 1 acre +/- of land
from the Collier County Water-Sewer District by the Solid Waste
Management Department at a cost of $4 I 4,000 for the construction of the
recycling center; and (3) authorize the necessary budget amendment. These
actions will save valuable landfill airspace, comply with the County's
Growth Management Plan, and the Integrated Solid Waste Management
Strategy by diverting recyclable materials from the landfill and protecting
our natural resources. (Dan Rodriguez, Solid Waste Director)
Motion to approve staff's recommendations - Approved 5/0
B. This item to be heard at 3:00 p.m. This item continued from the June
22,2010 BCC Meeting. Recommendation to approve the award of
RFP #10-5455, Management Services Contract, for the Collier Area Transit
(CAT) Fixed Route and Paratransit Programs to Limousines of South
Florida, Inc. /Tectrans, Inc. for an estimated annual amount of$6,092,167.
(Norman Feder, Growth Management Division Administrator)
Page 7
July 27-28, 2010
Motion delegating this item to a hearing officer with Board
ratification after a rendered decision; McDonald Transit will be
responsible for costs associated with the hearing officer - Approved 5/0
July 28, 2010
C. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2010/11 and
Reaffirm the Advertised Public Hearing dates in September, 20 10 for the
Budget approval process. (Mark Isackson, Corporate Financial Planning and
Management Services Director)
Resolution 2010-159: Setting the proposed millage rate and confirming
September 9, 2010 for the amended tentative budget public hearing date
and September 23,2010 as the final budget public hearing date-
Adopted 4/0 (Commissioner Henning absent)
July 28, 2010
D. Recommendation to consider approving the request by the Economic
Development Council of Collier County to provide a waiver of the average
wage requirements and Qualified Targeted Industry Tax Refund Program
participation requirements in order to allow Haynes Corporation to be
accepted into the Fee Payment Assistance Program, the Job Creation
Investment Program, the Job Retention Investment Program and the Fast
Track Regulatory Process Program for the expansion of their Corporate
Headquarters in Collier County. (Fiscal Impact: $161,550)(David Jackson,
Business and Economic Development Executive Director)
Approved - 4/0 (Commissioner Henning absent); staff to come back
with recommended changes to the current programs due to present
economic conditions
E. This item to be heard at 4:00 p.m. Recommendation to rescind the
Administrative Stay of the requirement for Reduced Pressure Backflow
Preventers on fire service lines, and require retroactive implementation of
the requirement to June 8,2010. (Jim DeLony, Public Utilities
Administrator)
Motion to continue until after DSAC recommendations have been
heard and by the first BCC Meeting in September, 2010 - Approved 5/0
July 28, 2010
11. PUBLIC COMMENTS ON GENERAL TOPICS
Page 8
July 27-28, 2010
A. Marco Espinar - not present
12. COUNTY ATTORNEY'S REPORT
Withdrawn (Per Agenda Change Sheet)
A. Recommendation to approve a Resolution ordering and calling a
Referendum Election to be held on November 2, 2010, within Collier
County, to determine if the electors of Collier County, Florida, approve the
issuance of Limited Tax General Obligation Bonds in an amount not
exceeding $17,000,000.00, payable from an additional ad valorem tax not
exceeding .1 mill, which bonds shall mature no later than five years from
issuance, to be issued in one or more series, in order to finance the
acquisition of approximately 22 acres of land adjacent to the Naples Zoo at
Caribbean Gardens, for the purpose of expanding the zoo.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
July 28, 2010
A. This item to be heard on Wednesday, July 28, 2010 at 9:00 a.m.,
immediately following a coffee reception at 8:00 a.m. in the BCC
Conference Room. Applicant interviews by the Board of County
Commissioners acting as the Airport Authority Board of the three finalists
for the position of Executive Airport Director.
Motion to appoint Chris Curry to the position of Executive Airport
Director - Approved 3/1
July 28, 2010
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Ochs - Request to send a thank you letter to Senator
Nelson for his help with the 1-75 Interchange Project
B. County Manager Ochs - Letter from Seminole Tribe request regarding
road inventory/possible funding for HW29 and Immokalee Rd.; Chair
to send letter to Tribe acknowledging request
C. County Manager Ochs - FEMA Maps have been received and public
info meetings are scheduled for August 16-20,2010
D. County Manager Ochs - BCC will meet Nov. 9 and Dec. 14,2010
Page 9
July 27-28, 2010
E. Commissioner Coyle - TDC requests $1 Million for advertising from
beach facility funds - staff to review & return with recommendations at
a later date - Consensus
F. Commissioner Coletta - Property Accessed Clean Energy (PACE)
Chair to send letter of support to Feds pending County Attorney review
G. Commissioner Coletta - Motion to name the Vanderbilt Greenway after
Commissioner Halas to thank him for Board service - Approved 4/0
(Commissioner Henning absent)
H. Adjournment - Approved 4/0 (Commissioner Henning absent)
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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.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to adopt a Resolution that updates language and
reduces certain fees within the Collier County Administrative Code
Fee Schedule for development-related review and processing services
as provided for in The Collier County Code of Laws and Ordinances,
Section 2-11.
Resolution 2010-130
Withdrawn (Per Agenda Change Sheet)
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Ave Maria Phase Three
with the roadway and drainage improvements being privately
maintained.
3) This item reauires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are reauired to be sworn in. This is a recommendation
to approve for recording the final plat of Artesia Naples, Phase I.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the final approval letter
Page 10
July 27-28, 2010
4) This item reauires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are reauired to be sworn in. This is a recommendation
to approve for recording the final plat of Lakoya, 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 the issuance of the final approval letter
5) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Kenneth Price and Penny Ann Price, Code
Enforcement Special Magistrate Case No. CEAU2009011940,
relating to property located at 6111 Cedar Tree Lane, Collier County,
Florida.
Waiving the $8,000.00 balance on the lien
6) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Israel and Delma Gallegos, Code Enforcement
Board Case No. 2007060 I 0 I, relating to property located at 1318 Pear
Street, Collier County, Florida.
Waiving the $11,800.00 balance on the lien
7) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Jason Bottiglia, Code Enforcement Special
Magistrate Case No. 2007100032, relating to property located at 102
Cedar Crest Court, Collier County, Florida.
Waiving the $292,500.00 balance on the lien
8) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Jeffrey A. Stolz, Code Enforcement Special
Magistrate Case No. CEV200800 12174, relating to property located at
3311 8th Avenue SE, Collier County, Florida.
Waiving the $10,162.78 balance on the lien
Page 11
July 27-28, 2010
9) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. Tereso Bautista and Emiliana Lopez Vasquez,
Code Enforcement Board Case No. 2006100651 and Code
Enforcement Special Magistrate Case No. 2005110328 relating to
property located at 3545 23rd Avenue SW, Collier County, Florida.
(Revenue received $559.10)
Waiving the $106,050.00 balance on the lien
10) Recommendation to approve the partial release of four liens in the
Code Enforcement Actions entitled Board of County Commissioners
vs. Jill 1. Weaver and Henry Tesno, Code Enforcement Special
Magistrate Case Nos. 2007-110459, 2007-020244, 2006-081081 and
2007-080702, relating to property located at 3069 Lunar Street,
Collier County, Florida. (Revenue received $3,368.87)
As detailed in the Executive Summary
11) Recommendation for the County Manager or his designee to draft
amendments to Ordinance No. 2009-32, as amended (Environmental
Advisory Council Ordinance), for future consideration by the Board
of County Commissioners to maintain consistency with the Growth
Management Plan and the Land Development Code.
12) Recommendation that the Board of County Commissioners approve a
Resolution authorizing the Chairman to execute a Local Agency
Program Agreement with the Florida Department of Transportation
(FDOT) in which Collier County would be reimbursed up to $315,000
for a feasibility study with conceptual plans for pedestrian or bicycle
facilities at the 1-75 and Immoka1ee Road Interchange (FOOT Project
#416237-1-38-01 ).
Resolution 2010-131
13) Recommendation to direct the County Manager, or his designee, to
prepare an ordinance re-adopting Finished Floor Elevation criteria
which were inadvertently repealed by Ordinance 2009-59 and
allowing for interim standards.
As pertaining to the Flood Damage Prevention Ordinance
Page 12
July 27-28, 2010
14) Recommendation to accept from the Federal Transit Administration
the Final Report for the FY201 0 Triennial Review of the Collier
County Board of County Commissioners Collier Area Transit.
A review that evaluates grant management practices and
program implementation conducted every 3 years
15) Recommendation to approve a Work Order for Shoulder Improvement
project to Better Roads, Inc. for Immoka1ee Road (C.R. 846) west of
Camp Keais Rd for approximately two miles in the amount of
$212,270.84 Contract No. 09-5197.
16) Recommendation to approve one (1) Adopt-A-Road Program
Agreement with two (2) roadway recognition signs at a total cost of
$150.
With E & M Transportation Services for Randall Blvd, heading
one mile west from Everglades Blvd.
17) Recommendation to approve an extension of a coordination
agreement between Collier County, as Community Transportation
Coordinator (CTC), and Eden Institute, Inc. for the provision of
community transportation services to transportation disadvantaged
clients.
Extending the termination date of the agreement to May 26, 2012
18) Recommendation to approve the FY 2011-2020 Collier County
Transit Development Plan (TOP) Ten Year Major Update.
Required to receive State Block Grant Funds for systems
operations
19) Recommendation to approve the 2010 Urban And Community
Forestry Grant Program Bid Number: RFP/DF-09/l0-59 grant
agreement in the amount of $24,500 to acquire pen tablet computers,
update the existing tree inventory and train staff; recommend that the
Chairman enter into a Resolution and Maintenance Agreement with
the Florida Department of Agriculture and Consumer Services,
Division of Forestry.
Resolution 2010-132
Page 13
July 27-28, 2010
20) Recommendation to approve an amendment to a State Joint
Participation Agreement (JPA) between the Florida Department of
Transportation (FOOT) and Collier County to expand the limits of
reimbursement and provide a resolution memorializing the Boards
approval of the Amendment; authorize the Chairman to execute these
agreements with Florida Department of Transportation to be used for
construction of SR84 (aka. Davis Blvd), Project #60073 and SRlCR
951 (aka Collier Boulevard) Project #60092 to Magnolia Pond Drive.
Resolution 2010-133
21) Recommendation to provide after the fact approval for the submittal
of a State of Good Repair (SGR) Bus and Bus Facilities grant
application, for the amount of $1 0.4 million, to the Federal Transit
Administration (FT A) for the Collier Area Transit (CAT) Intermodal
Transfer Station at the Collier County Government Center. (Michelle
Arnold, Alternative Transportation Modes Director)
Applications were to be submitted by June 18, 2010
22) Recommendation to accept an All-Way Stop Warrant Study and
approve the installation and operation of a 4- Way Stop control at the
intersection of Vineyards Boulevard at Arbor Boulevard, at an
installation cost of approximately $13,000 with an annual
maintenance cost of approximately $500.
The County will be responsible for the operation and maintenance
of the signs, pavement markers and warning devices at an annual
cost of approximately $500
23) This item reauires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are reauired to be sworn in. This is a recommendation
to accept a permanent drainage easement over a portion of Tract 4,
Le1y Resort, Phase One.
24) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
489RDUE), which is required for the four-1aning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard. Project
No. 60040 (Fiscal Impact: $1,600).
Folio #40745840006
Page 14
July 27-28, 2010
25) Recommendation to approve the purchase of a Perpetual, Non-
Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 523RDUE) which is required for the construction of the proposed
four-Ianing improvements to Golden Gate Boulevard fromjust west
of Wilson Boulevard to just east of DeSoto Boulevard. Project No.
60040 (Fiscal Impact: $3,640).
Containing 4,985 square feet of Folio #40749600103
26) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
402RDUE) containing 5,700 square feet more or less (0.130 acres),
which is required for the four-1aning of Golden Gate Boulevard
between Wilson Boulevard and DeSoto Boulevard. Project No. 60040
(Fiscal Impact: $3,600.00).
Folio #40933720006
27) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 240RDUE) required for the
expansion of Golden Gate Boulevard from two lanes to four lanes
between Wilson Boulevard and DeSoto Boulevard. (Project No.
60040.) Estimated fiscal impact: $5,450.
Consisting of 7,095 square feet of an improved 2.58 acre parent
tract, Folio #39210320101
28) Recommendation to approve the purchase of a Perpetual, Non-
Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 363RDUE) which is required for the construction of the proposed
four-1aning improvements to Golden Gate Boulevard from just west
of Wilson Boulevard to just east of DeSoto Boulevard. Project No.
60040 (Fiscal Impact: $5,911.00).
Consisting of a 9,690 square feet portion of Folios #40927760001
and #40927840002
29) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 319RDUE) 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: $2,000.
A 2,925 square ft unimproved 1.17 tract (Folio #40920760008)
Page 15
July 27-28, 2010
30) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 242RDUE) required for the
expansion of Golden Gate Boulevard from two lanes to four lanes
between Wilson Boulevard and DeSoto Boulevard. (Project No.
60040.) Estimated fiscal impact: $10,450.
Consisting of 14,853 square feet of an improved 2.73 acre parent
tract, Folio #39210380002
31) Recommendation to approve the purchase ofa Perpetual, Non-
Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 238RDUE) which is required for the construction of the proposed
four-laning improvements to Golden Gate Boulevard from just west
of Wilson Boulevard to just east of DeSoto Boulevard. Project No.
60040 (Fiscal Impact: $5,215.00).
Consisting of 7,095 square feet of Folio #39210320004
32) Recommendation to approve the purchase of a Perpetual, Non-
Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 48IRDUE) which is required for the construction of the proposed
four-laning improvements to Golden Gate Boulevard from just west
of Wilson Boulevard to just east of DeSoto Boulevard. Project No.
60040 (Fiscal Impact: $1,590.00).
Consisting of 2,199 square feet of Folio #40744280007
33) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
512RDUE), which is required for the four-1aning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard. Project
No. 60040 (Fisca11mpact: $866.00).
Consisting of 1,500 square feet of Folio #40806480004
34) Recommendation to approve the purchase of a road right-of-way,
drainage and utility easement (Parcel No. 354RDUE) and to accept
the donation of a temporary driveway restoration easement (Parcel
No. 354TDRE) which are 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: $12,502
A 7,200 square ft. improved 2.81 acre tract (Folio #40925840004)
Page 16
July 27-28, 2010
35) Recommendation to approve an amendment to an easement agreement
for the purchase of a road right-of-way, drainage and utility easement
(Parcel No. I 67RDUE) required for the expansion of Santa Barbara
Boulevard from two lanes to four lanes between Copper Leaf Lane
and Green Boulevard. (Phase II of Project No. 62081.) Estimated
fiscal impact: None.
Extending the closing date to October 29, 2010
36) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement Parcel
204RDUE) containing 4,515 square feet, which is required for the
four-1aning of Golden Gate Boulevard between Wilson Boulevard and
DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $7,900).
Consisting of 4,515 square feet of Folio #39203880001
37) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 390RDUE) containing 16,767 square feet, which is required for
the four-1aning of Golden Gate Boulevard between Wilson Boulevard
and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $10,800).
Consisting of 16,767 square feet of Folio #40680200002
38) Recommendation to approve the purchase of a Perpetual, Non-
exclusive, Road Right-of-Way, Drainage and Utility Easement (Parcel
488RDUE), which is required for the four-1aning of Golden Gate
Boulevard between Wilson Boulevard and DeSoto Boulevard. Project
No. 60040 (Fiscal Impact: $1,600).
Consisting of 2,175 square feet of Folio #40745760005
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve Local Advisory Board members and
CRA staff attendance at the Florida Redevelopment Association 2010
Annual Conference including payment of attendee's registration,
lodging, travel and per diem expenses from the Bayshore Gateway
Triangle Trust Fund (187) budget and declare the conference
attendance and training received as a valid public purpose.
Held in Orlando at the Peabody Hotel during October 13-15, 2010
(five staff members and one advisory Board member will attend)
Page 17
July 27-28, 2010
2) Recommendation to approve budget amendment to cover
reimbursement of $200,000 for infrastructure development costs to
Florida Non Profit Services, Inc. for the rental housing portion of the
affordable housing project known as Esperanza Place, located in the
Immokalee Community Redevelopment Area at 2702 Immokalee
Drive, Immokalee.
Split equally between Empowerment Alliance of Southwest
Florida and Florida Non-Profit Services
3) Recommendation for the Community Redevelopment Agency (CRA)
to approve a CRA Resolution amending the Bayshore Gateway
Triangle Grant Programs for Fiscal Year 2011; approve the Grant
Application processes; and approve the form of the individual Grant
Agreements.
CRA Resolution 2010-134
4) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency (CRA) authorize the Agency
Chair and/or the CRA Executive Director to execute all necessary
documents to terminate the real estate contract connected with the
planned purchase of certain commercial property located within the
Davis mini-triangle; authorize a partial principal pre-payment of
$1,114,000 from the Bayshore Gateway CRA Trust Fund (187) on the
outstanding $13,500,000 Fifth Third Bank loan; direct the County
Attorney and Nabors, Giblin & Nickerson, as bond counsel, to prepare
any required amending loan documents and authorize all necessary
budget amendments.
Due to the ongoing environmental clean-up activity for property
located at 2069 Davis Blvd
C. PUBLIC UTILITIES
1) Recommendation to accept Rights of Entry required for the
replacement and rehabilitation of the water distribution system serving
the Riverwood community at a recording cost not to exceed $1,500,
Project #71010.5.
Folio #01010101010
Page 18
July 27-28, 2010
2) Recommendation to award Contract #10-5485, Engineering Technical
Support and Financial Consulting Services for the Solid Waste
Management Department to CH2M Hill, Inc.; URS Corporation
South; R.W. Beck Inc., an SAIC Company; Malcolm Pirnie, Inc.; SCS
Engineers; and Brown and Caldwell.
A two year contract with two, one year renewal options
3) Recommendation to award a contract for Request for Proposal No.
10-5479, Construction Engineering and Inspection Services for the
North County Water Reclamation Facility Compliance Assurance
Project, to Hole Montes for time and materials not to exceed an
amount of$887,200 and approve a budget amendment, as Project
#73950.1.
4) Recommendation to award Bid Number #10-5518, Designated
Driveways for Solid Waste, to B.Q. Concrete, L.L.C.; Neubert
Construction Services, Inc.; and NR Contractors Inc. for the
construction of designated driveways in Collier County.
Due to the weight of the solid waste collection trucks,
reinforcement is needed
5) Update the Board of County Commissioners on the status and
progress of the Landfill Gas-to-Energy Facility that will beneficially
use landfill gas from the Collier County Landfill to generate
electricity and, in turn, generate new revenue for the County's Solid
Waste Fund.
As detailed in the Executive Summary
6) Recommendation to approve a License Agreement with Florida Power
and Light for the continued use of right-of-way along Davis
Boulevard for wastewater and reclaimed water mains at no cost to
Collier County.
Extending the agreement until September 30, 2037
7) Recommendation to award Bid No. 08-5011-20, Repair of Four
Sludge Presses at the South County Water Reclamation Facility, to
Mitchell & Stark Construction Co., in the base bid amount of
$281,550 for Project No. 73969, South County Water Reclamation
Facility Technical Support.
Page 19
July 27-28, 2010
8) Recommendation to approve Exhibit A-I Contract Amendment 2 of
the Master Agreement for Demand Side Management and Energy
Efficiency Services Agreement with Florida Power & Light Company
to add an energy conservation option and increase the contract amount
by $219,816.60.
Adding Solar Photovoltaic Panels at the SCRWTP
D. PUBLIC SERVICES
1) Recommendation to approve Amendment No.5 to the FDEP Cost
Share Contract #05C01 yearly monitoring cost reimbursement of the
City of Naples/Collier County Beach Renourishment and authorize
Chairman to sign Amendment No.5. This contract amendment will
result in a loss of$120,000 due to reduction in state cost share
revenue.
Due to 2010 Legislature reverting funds for this agreement
2) Recommendation to approve the Florida Fish and Wildlife
Conservation Commission (FFWCC), Florida Boating Improvement
Program (FBIP) Derelict Vessel Removal Grant Resolution and
authorize the Chairman to sign the resolution.
Resolution 2010-135
3) Recommendation to approve the Category A Tourist Development
Fund 183 Grant Applications for Beach Park Facilities for FY
2010/11 in the amount of$713,300.
For the following: Bluebill Restroom, Vanderbilt Beach Restroom
expansion, Tigertail Restroom & Walkovers and the Marco Beach
Restroom & Access Improvements
4) Recommendation that the Board of County Commissioners provide
after-the-fact approval for the attached Outreach Focused Special
Congressional Initiative grant application that was submitted to U.S.
Department of Health and Human Services, Health Resources and
Services Administration, in the amount of$594,000 and, if awarded,
to serve as the Fiscal Agent and to authorize the County Manager or
his designee to negotiate an agreement with the Physician Led Access
Network (PLAN) to implement the program.
Grant applications were due by July 9, 2010
Page 20
July 27-28, 2010
5) Recommendation to approve time and material Change Order No.3 to
Work Order No. 45-100227 to address additional information
requested by FDEP and the USACE for the Clam Pass maintenance
dredging permit as outlined in the attached PBS&J proposal dated
May 18,2010; not to exceed $69,050 and authorize the County
Manager or his designee to execute the Change Order.
Contract #07-4153, Project #195-90028.1
6) Recommendation to approve a time and material Work Order under
Contract #09-5262 for Yearly Physical Beach and Inlet Monitoring as
outlined in the attached PBS&J proposal dated June 8, 20 10 not to
exceed $196,195.13; approve all necessary budget amendments and
authorize the County Manager or his designee to execute the Work
Order.
Project #195-90536
7) Recommendation to approve lump sum Change Order No. I to Work
Order #45-116723 under Contract #06-3902 for revised scope of work
for the Emergency Beach Berm renourishment just south of Doctors
Pass as outlined in the attached CP&E proposal dated June 18,2010
not to exceed $13,985; and authorize the County Manager or his
designee to execute the Change Order.
Project #195-90295.1
8) Recommendation to approve submittal of University of Florida -
IF AS - Collier County Extension Family Nutrition Program 20 II plan
and budget ($348,288.56) to continue nutrition education of eligible
Food Stamp households in Collier County.
48.5% of SNAP recipients are children
9) Recommendation to approve the design engineering, project
permitting and construction contract bidding along with the funding of
$160,000 for the total engineering of a new Vanderbilt Beach park
facility. Also requested is authorization for associated budget
amendments.
10) Recommendation to approve and authorize the Chairman to sign a
subrecipient agreement in the amount of$113,123 using 2009-2010
Department of Housing and Urban Development (HUD) set-aside
Page 21
July 27-28, 2010
grant funds, which have been designated for a Community Housing
Development Organization (CHDO). Florida Non-Profit Housing, Inc.
(FNPH) is the CHDO which will receive the grant funds, and will use
them for the acquisition and rehabilitation of affordable homes within
Collier County.
For the acquisition and rehabilitation of one home
11) Recommendation that the Board terminate the contract with White
General Constructors Inc., Bid #08-5114, for Naples Station Museum
Phase III Restoration.
Due to several problems with the contractor
12) Recommendation to approve a time and material Work Order under
contract #09-5262 for engineering to renourish the Marco South
Beaches as outlined in the attached Coastal Engineering Consultants
proposal dated June 7, 2010; for Tasks 1,2, and 3 not to exceed
$200,000; approve all necessary budget amendments and authorize
the County Manager or his designee to execute the Work Order.
Project #195-80123
13) Recommendation to approve the Emergency Beach Berm
renourishment project for the beach just south of Doctors Pass. The
cost of this Emergency Beach Berm renourishment work is estimated
at $136,306.18.
Funds are not included to replant the dunes
14) Recommendation that a First Amendment to Lease Agreement with
Golden Gate American Little League, Inc. for a 14-foot by 20-foot
area next to the field at Max Hasse Community Park be approved.
For the use of the concession stand and pitching wall
E. ADMINISTRA TlVE SERVICES
1) Recommendation to authorize the necessary Budget Amendment for
the emergency repair of the HV AC system at the Main Chiller Plant
(Building K) in the amount of $1 70,406.
To provide additional air conditioning tonnage and capacity
during peak periods
Page 22
July 27-28, 2010
2) Recommendation to approve an Agreement with Matrix Absence
Management, Inc. for the administration of Short Term Disability
Claims in the amount of $55,440 per year.
A third party is required to administer claims due to the program
being self funded
3) Recommendation to ratify an addition, a deletion and modifications to
the 20 I 0 Fiscal Year Pay and Classification Plan made from April I,
2010 through June 30, 2010.
4) Recommendation to authorize the Chairman to approve all budget
amendments associated with Modification No.5 to U.S. Fish and
Wildlife Service (USFWS) Cooperative Agreement No. 401815J021
to fund habitat restoration within Pepper Ranch Preserve SSA-7 in the
amount of$212,600 (of which, $75,000 will be reimbursed by
USFWS).
For invasive exotic removal within a portion of the preserve that
will not be used for County wetland or Panther Mitigation
5) Recommendation to authorize a $39,000.00 budget amendment
appropriating TDC matching funds for eligible construction costs
expended by the Freedom Memorial Fund (620) throughout FY 2010.
6) Recommendation to recognize and appropriate fingerprinting and
FDLE background check revenues in the amount of$12,883.74 and
special service revenues in the amount of $1 0 1,633.11 and approve all
necessary fiscal year 20 I 0 budget amendments.
7) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from James Lee Witt Associates, a part of
Global Options Group, Inc., to Witt Group Holdings, LLC, for
disaster recovery assistance.
Associated with Contract #06-4056
8) Recommendation to approve an Agreement for Sale and Purchase
with Richard F. Berman as to 1/3 interest and Raymond and Terry
Bennett also known as Terri Bennett, husband and wife, as to 1/3
interest and Frank J. Celsnak and Marlene J. Ce1snak Trustees U/D/T
dated 27th December 1991 as to 1/3 interest for 2.73 acres under the
Page 23
July 27-28, 2010
Conservation Collier Land Acquisition Program at a cost not to
exceed $23,200.
For 2.73 acres located within the Red Maple Swamp Preserve
Multi-parcel Project
9) Recommendation to award Bid #10-5508 Tire Services to Dan
Callaghan Enterprises Inc. dba Callaghan Tire and Wagner Tire dba
Collier Tire & Auto Repair with annual expenditures estimated at
$30,000 for tire services and $360,000 for new tire purchases.
10) Recommendation that the Board review the attached documentation of
the work that was done for the County, determine as to both vendors
that the payment sought fairly and equitably reflects the fair value of
the work performed and materials furnished to the County, for which
the County has benefited, and direct the Clerk of Courts to pay the
attached invoices totaling $18,556.90.
For work performed by PBS&J related to Vanderbilt Drive
Pathway project and Coastal Planning and Engineering for
physical monitoring services of North County beaches
11) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
For the period of May 19, 2010 through July 2, 2010
12) Recommendation to ratify the Selection Committees ranking of firms
and contracts previously awarded in response to RFP #09-5262; to
declare a valid public purpose for payment of all work orders issued in
good faith under RFP #09-5262; and to approve an Administrative
Procedure to be amended to the County's Purchasing Policy for the
distribution of work under continuing contracts negotiated under the
Consultants Competitive Negotiation Act or CCNA.
As detailed in the Executive Summary
13) Recommendation to extend for six months Contract #07-4168, Fixed
Term Professional Environmental Consulting Services.
To maintain uninterrupted biological consulting services with
Johnson Engineering, Inc. until January 27, 2011
F. COUNTY MANAGER OPERATIONS
Page 24
July 27-28, 2010
1) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non-ad valorem Assessment) to
be levied against properties within the Pelican Bay Municipal Service
Taxing and Benefit Unit for maintenance of the water management
system, beautification of recreational facilities and median areas and
maintenance of conservation or preserve areas, and establishment of
Capital Reserve Funds for ambient noise management, maintenance
of conservation or preserve areas, including restoration of the
mangrove forest, U.S. 41 berm, street signage replacements within
median areas and landscaping improvements to U.S. 41 entrances.
Resolution 2010-136
2) Recommendation to approve the award ofRFP #10-5478 and contract
to Witt Group Holdings, LLC for an amount not to exceed $78,637
from prior approved grant funds to conduct best practice assessments
and gap analysis for Emergency Management, Emergency Medical
Services and MedFlight operations.
3) Recommendation to approve a Budget Amendment recognizing carry
forward of accumulated interest from prior years EMS County Grants
in the amount of$18,367.71 and appropriate expenditures in the same
amount to upgrade field computers to support new technology.
4) Recommendation that the Board of County Commissioners approves a
waiver of provision in CMA 5311 for serving in a decision-making
capacity for an entity receiving direct or indirect funding from the
Board of County Commissioners for Jack Wert to serve on the United
Arts Council of Collier County Advisory Board and the Visit Florida
Board of Directors and Florida Commission on Tourism.
5) Recommendation that the Board of County Commissioners approves a
Tourist Development Tax Category B Grant Agreement #10-5551
with the Naples International Film Festival, Inc. in the amount of
$20,000 and authorizes the Chairman to sign the agreement.
To promote the 2nd Annual Naples Film Festival that will be held
November 4-7, 2010
Page 25
July 27-28, 2010
6) Recommendation to approve Agreement #10-5534 between Collier
County and Alan S. Maltz, photographer, to produce a series of
original photographs of Collier County for use in tourism promotion
and authorize the Chairman to execute the agreement in the amount of
up to $90,000 or $30,000 per year for three fiscal years beginning in
FY 2010.
7) Recommendation to approve a Resolution replacing and superseding
Resolution No. 2005-115 and directing that General Fund (001)
revenues dedicated to the Stormwater Utility pursuant to Ordinance
No. 91-27 are established at an equivalent millage rate amount as
determined by the Board of County Commissioners annually in an
amount up to .1500 mills.
Resolution 2010-137
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-10 Adopted Budget.
Resolution 2010-138
9) Recommendation to enter into an Interloca1 Agreement with the Clerk
of the Circuit Courts that defines the scope of services to be provided,
creates a dispute resolution process and establishes the first year cost
of $5,009,900. (Len Price, Admin. Services Division Administrator)
As detailed in the Executive Summary
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners (BCC),
acting as the Airport Authority, approves and authorizes the Chairman
to execute a Hole Montes Work Order under Contract #09-5262-AE
in the amount of$35,366 for engineering consulting services required
for the Runway 18/36 Lighting Rehabilitation Project at the
Immoka1ee Regional Airport.
For data collection, design and bidding
2) Recommendation to authorize Budget Amendments to allocate
$53,600 in Immokalee Infrastructure Fund 497 for permit application
fees for next phase of development at Immokalee Regional Airport.
Page 26
July 27-28, 2010
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 Opera Naples Behind the Scenes Tour of the new Opera
Naples building on Linwood Avenue on June 25, 2010 in Naples, FL.
$75 to be paid from Commissioner Fiala's travel budget.
Located at 2048 Linwood Avenue
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended The Jackson Laboratory National Council Awards Dinner
on July 16, 20 lOin Bar Harbor, ME. $65 to be paid from
Commissioner Fiala's travel budget.
3) Proclamation designating June 29, 2010 as Conservancy of Southwest
Florida Von Arx Wildlife Clinic Day. Presented at groundbreaking
ceremony held June 29, 20 I 0 by Ian Mitchell.
Adopted
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended The Jackson Laboratory National Council Community
Dinner (for the Bar Harbor community) July 15,2010 in Bar Harbor,
ME. $32.95 to be paid from Commissioner Fiala's travel budget.
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 June 12,
20 I 0 through June 18, 20 I 0 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of June 19,
2010 through June 25, 2010 and for submission into the official
records of the Board.
Page 27
July 27-28, 2010
3) To obtain Board approval for disbursements for the period of June 26,
2010 through July 2, 20 I 0 and for submission into the official records
of the Board.
4) To obtain Board approval for disbursements for the period of July 3,
20 I 0 through July 9, 20 I 0 and for submission into the official records
of the Board.
5) To obtain board approval for disbursements for the period of July 10,
2010 through July 16,2010 and for submission into the official
records of the Board.
6) Recommendation to authorize the Collier County Supervisor of
Elections to accept federal election activities funds with a 15%
matching contribution and that the Board direct its Chairman to sign
the Certificate Regarding Matching Funds. (Fiscal Impact: $5,416.47)
7) Recommend that the Board of County Commissioners approve the
budget amendment for the Child Abuse/Sexual Predator Grant,
#20 I O-ARRC-COLL-I- W7 -315 on behalf of the Collier County
Sheriff's Office.
8) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for the time period
April I, 20 I 0 through June 30, 2010.
9) Pursuant to Florida Statute 3IS.IS(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 3IS.IS(13)(a)(I) with the Board of
County Commissioners.
For the quarterly period ending June, 2010
10) Recommendation to approve a budget amendment recognizing
interest earned in Supervisor of Elections Grant Fund 37005.
Recognizing $4,582.61 in carry forward
11) Authorize expenditure of budgeted County Wide Capital Project Fund
(30 I) money for the purchase of additional electronic poll books for
the Supervisor of Elections Office from VR Systems, Inc., a sole
Page 28
July 27-28, 2010
source vendor, in the amount of$673,875.
Money currently budgeted in 301 funds
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of $59,900.00 for the acquisition of Parcell 51 in the Lawsuit styled
Collier County, Florida v. TECH Foundation, et aI., Case No. 03-
2499-CA (Golden Gate Parkway Project #60027). (Fiscal Impact:
$15,000.00)
For damages due to the roadway expansion onto the septic
drain field of the property
2) Recommendation to the Board of County Commissioners to execute a
Settlement Agreement with CREATIVE CHOICE HOMES XIV,
LTD. (Saddlebrook II) that settles in full the litigation styled as Board
of County Commissioners v. Creative Choice Homes XIV, Ltd., et aI.,
1 0-3308-CA, now pending in the Circuit Court for the Twentieth
Judicial Circuit in and for Collier County, Florida, and direct all the
documents to be recorded in Official Records of Collier County, FL
Payments will be accepted in order to recover impact fees
deferred in the amount of $2,170,855.04 that were due on
December 7, 2009
3) Recommendation that the Board of County Commissioners increase a
purchase order for Carlton Fields, P.A. to exceed the $100,000 cap for
the case John Carlo, Inc. v. Collier County, Florida, Case No. 07-311-
CA (Immokalee Road Improvement Project No. 66042) (Fiscal
Impact an additional $150,000).
4) Recommendation that the Board of County Commissioners increase a
purchase order for Carlton Fields, P.A. to exceed the $100,000.00 cap
for the case Collier County v. John Carlo, Inc., Case No. 09-8724-CA.
(Rattlesnake Hammock Road Improvement Project No. 60169) (Fiscal
Impact an additional $125,000.00)
Page 29
July 27-28, 2010
5) Recommendation to approve a Stipulated Order and Joint Motion
Awarding Expert Fees and Costs in the amount of$13,332.50 for
Parcel 825 in the lawsuit styled Collier County v. Myrtle Cove, Inc.,
et aI., Case No. 07-5038-CA (Lely Area Stormwater Improvement
Project No. 51101) (Fiscal Impact $13,332.50)
Parcel #825
6) Recommendation that the Board of County Commissioners increase a
purchase order for Grant, Fridkin, Pearson, Athan & Crown to a total
of $65,000.00 for the case of Ker Enterprises, Inc., d/b/a Armadillo
Underground v. APAC-Southeast, Inc. v. Collier County, Case No.
09-8724-CA. (Vanderbilt Beach Road Project No. 63051) (Fiscal
Impact an additional $25,000.00)
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 APPRO V AL 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 ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are
required to be sworn in. Petition SNR-PL2009-2385, Imperial Golf Estates
Homeowners Association c/o Platinum Property Management, represented
by Chris Hagan of Johnson Engineering, requesting to rename Marquis
Boulevard to Entrada Avenue. The subject property is located in Section 13,
Township 48 South, Range 25 East, in Collier County, Florida.
Resolution 2010-139
Page 30
July 27-28, 2010
B. This item requires that ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2010-524, to disclaim, renounce and vacate the County's and the Public's
interest in a portion of the Drainage Easement and Lake Maintenance
Easement over Tract C ofCa1decott, a subdivision according to the Plat
thereof as recorded in Plat Book 46, Pages 52 through 56, of the Public
Records of Collier County, Florida, situated in Sections 21 and 2S,
Township 50 South, Range 26 East, Collier County, Florida, the subject
portion of easement to be vacated is more specifically depicted and
described in Exhibit A.
Resolution 2010-140
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-200S-AR-13375
North Naples United Methodist Church Inc., represented by Tim Hancock of
Davidson Engineering, Inc., and Richard D. Yovanovich, Esq. ofGoodlette,
Coleman, Johnson, Yovanovich and Koester, P.A., is requesting rezoning
from the Rural Agricultural zoning district (A) to the Mixed Use Planned
Unit Development (MPUD) zoning district to allow development of a
maximum 1,900 seat Church and Church Related Facilities, a maximum
1,900 seat Civic and Cultural Facilities, a maximum 200 student School and
a maximum 209 unit Adult Assisted Living Facility to be known as The
North Naples United Methodist Church Mixed Use Planned Unit
Development (MPUD). The subject property, consisting of 13.0 acres, is
located on the east side of Goodlette-Frank Road (CR-95I ) approximately
1500 feet north of Pine Ridge Road, in Section 10, Township 49 South,
Range 25 East, Collier County, Florida. (CTS)
Ordinance 2010-27
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-A-PL2009-
2031: Rock Creek Holdings, LLC, represented by R. Bruce Anderson,
Esquire of Roetze1 and Andress, LPA and Tim Hancock, AICP of Davidson
Engineering, Inc., is requesting a rezone from the Residential Planned Unit
Development (RPUD) zoning district for a project that is currently known as
the Meridian Village RPUD, to the Mixed Use Planned Unit Development
(MPUD) zoning district for a project that will be known as the Meridian
Village MPUD to allow for development of community facility uses
Page 31
July 27-28, 2010
including adult care centers, churches and up to 480 beds for assisted living
facilities, continuing care retirement community facilities and/or
independent living units or to allow for the site to be developed as a 120-unit
multi-family residential project including 15% of the total dwelling units as
affordable workforce housing units and 5% of the total dwelling units as
affordable gap housing units. The 11.68 acre subject property is located at
the northwestern corner ofthe intersection of Airport-Pulling Road and
Estey Avenue in Section 2, Township 50 South, Range 25 East, Collier
County, Florida.(CTS)
Ordinance 2010-28
E. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-PL201O-277 (NG)
Grace Place for Children and Families, Inc., represented by Matthew D.
McLean, P.E. of Agnoli, Barber and Brundage, Inc., is requesting a
Conditional Use in the Residential Single Family (RSF-3) Zoning District,
with an ST/W-4 Special Treatment Overlay pursuant to Land Development
Code (LDC) Subsection 2.03.02 A.1.c.3. The proposed Conditional Use will
permit expansion of an existing church and school by adding a new 7,200
square-foot school. The 4.01 acre site is located at 4301 21st Street S.W. in
Golden Gate, Unit 2, Block 30, Plat Book 5, Page 68, in Section 22,
Township 49 South, Range 26 East, Collier County, Florida. (CTS)
Resolution 2010-141
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-PL2009-45, Sara
Barrera, requesting an after-the-fact variance of 8 feet from the required
minimum front yard setback of 25 feet for the Residential Multi-Family
(RMF -6) Zoning District as provided for in Section 4.02.0 I.A. Table 2.1, of
the LDC. The 0.34 acre site contains a single family dwelling that
encroaches 8 feet into the required 25-foot front yard setback to 17 feet. The
subject property is located at 202 Washington Avenue, Section 33,
Township 46 South, Range 29 East, Immoka1ee, Florida.
Resolution 2010-142
G. This item was continued from the June 22, 2010 Board meeting.
Recommendation to adopt an Ordinance entitled Collier County Public
Parks and Beach Access Parking Ordinance establishing regulations relating
to public parks and beach access parking areas, and approve a companion
Page 32
July 27-28, 2010
Resolution designating certain areas owned or leased by Collier County as
Public Park Parking or Public Beach Access Parking in accordance with the
procedures set forth in said Ordinance.
Ordinance 2010-29
Resolution 2010-143
H. Request for Board approval of an Amendment to Ordinance No. 08-47
governing the towing, storage and immobilization of vehicles per Board
direction at its June 8,2010, meeting and to approve a Resolution
superseding Resolution No. 2009-271 to increase the current flat twenty-five
dollar maximum vehicle immobilization rate to one hundred dollars.
Ordinance 2010-30
Resolution 2010-144
I. Recommendation to adopt a resolution approving amendments
(Appropriating carry forward, transfers and supplemental revenue) to the
fiscal Year 2009-10 Adopted Budget.
Resolution 2010-145
July 28, 2010
18. 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.
Page 33
July 27-28, 2010