Backup Documents 11/09/2010 RecapCOLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AIRPORT AUTHORITY
AGENDA
November 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 Vice - Chairman
Donna Fiala, BCC Commissioner, District 1, CRAB 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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November 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 VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Marty Moon - Gospel Baptist Church
2. AGENDA AND MINUTES
A. Approval of today'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. October 12, 2010 - BCC /Regular Meeting Minutes
Approved as presented — 5/0
C. October 13, 2010 - BCC /Pre - Legislative Session Workshop
Approved as presented — 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
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November 9, 2010
A. 20 Year Attendees
1) Michael O'Hara, Wastewater
Presented
B. 25 Year Attendees
1) Georgina Mausen, Risk Management
Presented
2) Alamar Finnegan, Growth Management- Operations
Presented
C. Advisory Committee Service Awards
5 Years
1) Larry D. Mieszcak, Collier County Code Enforcement Board
Presented
10 Years
2) George E. Fogg, Forest Lakes Roadway & Drainage Advisory Board
Presented
3) William E. Arthur, Golden Gate Community Center Advisory Board
Presented
4) William J. Dempsey, Historical /Archaeological Preservation Board
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating November 2010 as Baby Basics of Collier County
Florida Month. To be accepted by Jean Ann Lynch and Sandra Buxton.
Sponsored by Commissioner Henning.
Adopted — 510
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November 9, 2010
B. Proclamation designating November 10, 2010 as Corporal Robert John
Newton Day in Collier County in memory of his service to our Country. To
be accepted by Robert and Linda Newton, Jerry VanHecke and Jack
Mischung. Sponsored by Commissioner Fiala.
Adopted — 510
C. Proclamation designating November 2010 as Diabetes Awareness Month.
To be accepted by LaVerne Franklin, Tonicia Morgan, Keith Upson, Akita
Cannon, and Paul Getter. Sponsored by Commissioner Henning.
Adopted — 510
D. Proclamation designating November 15, 2010 as America Recycles Day in
Collier County. To be accepted by Dan Rodriguez, Solid Waste
Management Director, and staff from Solid Waste Management, Pollution
Control Department and Utility Billing and Customer Service. Sponsored by
Commissioner Coletta.
Adopted — 510
E. Proclamation designating November 8 through November 14, 2010 as
National Drug Facts Week. To be accepted by Anne Frazier, Marla Ramsey,
Maribel De Armas, and Chief Scott Salley. Sponsored by Commissioner
Fiala.
Adopted — 510
F. Proclamation designating November 21 through November 27, 2010 as
Farm -City Week. To be accepted by Cyndee Woolley, Jessica Macera,
Sheriff Rambosk, Russell Budd, and Steven Kissinger. Sponsored by
Commissioner Coletta.
Adopted — 5/0
G. Proclamation designating November 15 through 21, 2010 as Lacrosse Week
in Collier County. To be accepted by Ralph Pryor, Sports Marketing
Coordinator. Sponsored by Commissioner Halas.
Adopted — 5/0
H. Proclamation designating Veterans Day (November 11, 2010) as a day of
remembrance. To be accepted by Rick Torres, Manager, Veterans Services.
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November 9, 2010
Sponsored by Commissioner Halas.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County 'Business of the Month" award to
MediaBrains, Inc. for November 2010. To be accepted by Joseph Buckheit,
CEO.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Jim Gaitens representing the Naples
International Festival sponsored by St. Peter the Apostle Church, requesting
approval to sell beer at Sugden Park on February 26 and 27, 2011.
Staff to bring back to BCC - Consensus
B. Public petition request from Dylan Caldwell asking the Collier County
Airport Authority to allow a private glider launch operation (Cross Country
Soaring) to operate for three months this winter at the Immokalee Airport.
Motion to bring back for consideration — Approved 4/1 (Commissioner
Henning opposed)
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. This item continued to the December 14, 2010 BCC meeting at staff s
request. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. Collier Davis,
LLC, represented by Robert Andrea of Coastal Engineering Consultants,
Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed
Use Planned Unit Development (MPUD) zoning district for a project to be
known as the Davis Reserve MPUD to allow for the development a
maximum of 234 dwelling units including affordable housing and a
maximum of 35,000 square feet of commercial retail and office uses. The
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November 9, 2010
subject property, consisting of 22.83 acres, is located in the southeast
quadrant of the intersection of Davis Boulevard and County Barn Road, in
Section 8, Township 50 South, Range 26 East, Collier County, Florida.
(Related to Item #16A4)
Motion to continue this item until the December 14, 2010 BCC Meeting
and request that the Chair or Vice -Chair of the CCPC be present for
the discussion — Approved 510
Moved from Item #17A (Per Agenda Change Sheet)
B. This item reauires that ex Darte disclosure be Drovided by Commission
Members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC -
PL2010 -1595, Marsilea Villas, to disclaim, renounce and vacate the County
and the Public interest in that portion of a 30 -foot wide easement for
roadway as originally recorded in Official Record Book 218, page 734 of the
Public Records Collier County, Florida being located in the southwest
quarter of the northeast quarter of the southwest quarter of Section 13,
Township 48 South, Range 25 East, Collier County Florida being more
specifically shown in Exhibit A
Resolution 2010 -226 Approved - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Discussion of potential complaint concerning paramedic testing
irregularities. (Commissioner Coyle)
Motion to send to State for review — Approved 4/1 (Commissioner
Henning opposed)
B. Solicit understanding of County Commissioner intent in creating Rural
Lands Stewardship Area (RLSA) as an incentive based program to front load
public benefits with the expectation of finding a market to sell credits
received in exchange for stripping development rights from the land upon
which public benefits are created. (Commissioner Coletta)
Motion for the County Attorney to work with the Attorney for the
Property Owners to contract a Judge for a legal determination with cost
split between both parties - Approved 4/1 (Commissioner Henning
opposed)
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November 9, 2010
C. The filling of the Vice Chair position on the Board of County
Commissioners. (Commissioner Halas)
Motion to place item on the December 14, 2010 BCC Meeting Agenda
and giving the (previous) Chairman the authority to sign documents if
both the Chairman and the Vice - chairman are absent or in the event of
an emergency — Approved 510
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve and authorize the Chairman to sign the FY
2010 -11 Agreement with the David Lawrence Mental Health Center, Inc. for
the County to provide funding in the amount of $1,034,195. (Marla Ramsey,
Public Services Administrator)
Approved — 5/0
B. Recommendation to approve the Stakeholder Meeting schedule to provide
adequate public input into the development of the Watershed Management
Plans. (Nick Casalanguida, Deputy Administrator, Growth Management)
Approved — 510
Moved from Item #16A4 (Per Agenda Change Sheet)
C. Recommendation to approve a request to remand to the Collier County
Planning Commission (CCPC) for reconsideration of the rezoning Petition
Number PUDZ- 2004 -AR -6829, Petitioner: Collier Davis, LLC, who is
requesting a rezone from the Estates (E) zoning district to the Mixed Use
Planned Unit Development (MPUD) zoning district for a project to be
known as the Davis Reserve MPUD.
Motion to deny request — Approved 4/1 (Commissioner Coletta
opposed)
Moved from Item #16E1 (During Agenda Changes per Commissioner Henning)
D. Recommendation to authorize the Chairman to sign the First Amendment to
the Starnes Cattle Lease Agreement and a US Department of Agriculture
Control of Agricultural Land Agreement, which would result in an annual
savings to Collier County of approximately $5,633.
Approved — 4/0 (Commissioner Henning abstained)
Moved from Item #16E7 (During Agenda Changes per Commissioner Henning)
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E. Recommendation to accept reports and ratify staff - approved change orders
and changes to work orders.
Motion to approve w /exception to Item #6 (Goodland Boat Park), Item
#9 (Handyman and Minor Carpentry Services) and Item #10
(Handyman and Minor Carpentry Services) - Approved 510
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Mike Shoeman — regarding Item #6B
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K2 (Per Agenda Change Sheet)
A. Recommendation to accept the settlement offer proposed by Housing
Development Corporation of SW Florida, Inc., formerly known as Collier
County Housing Development Corporation, relating to litigation styled as
Collier County, Florida v. Collier County Housing Development
Corporation, et al. (Case No. 10-2532-CA) now pending in the Circuit Court
for the Twentieth Judicial Circuit in and for Collier County, Florida,
whereby Housing Development Corporation of SW Florida, Inc., assigns all
right, title and interest to the promissory note and second mortgage and
security agreement, in the principal amount of $320,000, given by Cirrus
Pointe Partners, LLC, and direct the County Attorney to take whatever
additional action is necessary to implement this settlement.
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs — Moving Public Comment to before Staff Communication in
the New Automated Board Agendas
B. Commissioner Fiala — Report on low income housing in Collier County
C. Commissioner Halas — A resolution naming the new recycling center the
John Yonkosky Recycling Center — Consensus
D. Commissioner Coletta — Thanks to Staff, Mario Diaz - Balart and Matt
Hudson for their attendance at the Everglades Interchange meeting
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E. Commissioner Henning — Will the public be allowed to view the process
of Super Majority vs. Majority
F. Adjourned - Approved
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 approve final acceptance of the water utility
facility for Heritage Bay Maintenance Facility, 10255 Heritage Bay
Boulevard and to authorize the County Manager, or his designee, to
release any Utilities Performance Security to the Project Engineer or
the Developer's designated agent.
W/Release of any Utilities Performance Security (UPS)
2) Recommendation to waive fines in excess of $3.7 million, and release
two Code Enforcement liens, consistent with the Board's direction
during the May 11, 2010 meeting relating to the Bayshore Club (also
known as Arboretum Village).
Fines related to demolition and operational costs for 4580
Bayshore Drive
3) Recommendation to approve a budget amendment recognizing actual
carryforward in excess of budget in the amount of $140,947 within
Transportation Fund (10 1) and moving these dollars to the newly
created Right -Of -Way Permitting Fund (102) in order to establish
sufficient beginning budget and cash for operations.
Moved to Item #10C (Per Agenda Change Sheet)
4) Recommendation to approve a request to remand to the Collier
County Planning Commission (CCPC) for reconsideration of the
rezoning Petition Number PUDZ- 2004 -AR -6829, Petitioner: Collier
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November 9, 2010
Davis, LLC, who is requesting a rezone from the Estates (E) zoning
district to the Mixed Use Planned Unit Development (MPUD) zoning
district for a project to be known as the Davis Reserve MPUD.
5) Recommendation to approve Change Order No. l in the amount of
$90,300.00 for Contract No. RFQ -08- 5011 -17, Forest Lakes Bond
Project F -56 South Woodshire Blvd. Drainage Swale Piping and
Restoration.
Due to the project site being significantly eroded due to rainfall
causing loss of soil fill material, swale embankment deterioration
and undermining of vegetation along the Swale
6) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Lely Resort Phase Two
Lely Cultural Parkway Four Lane Expansion, with the roadway and
drainage improvements being maintained by Collier County.
Resolution 2010 -220
7) Recommendation to accept the donation of a drainage easement
between 40th Street NE and the FAKA Union Canal in Unit 43 of
Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed
$40)
In order to clear vegetation from the drainage ditch and maintain
as needed
8) Recommendation to award Bid 410-5503 Installation and
Maintenance of Traffic Signals and Roadway Lighting to Southern
Signal & Lighting, Inc. as the primary contractor and E.B. Simmonds,
Inc. as the secondary contractor, for estimated annual expenditures of
$950,000.
9) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution of the Board of County Commissioners of Collier County,
Florida, authorizing a speed limit decrease from forty -five miles per
hour (45 mph) to thirty -five miles per hour (35 mph) on Lake Trafford
Road from SR 29 (N 15th St) to Carson Road, at a cost of
approximately $600.
Resolution 2010 -221
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10) Recommendation to approve a Work Order for a construction project
to Bonness, Inc. for the Progress Avenue/Livingston Road
Intersection Improvements in the amount of $210,663.74, Contract
No. 09 -5197, Project No. 60188.
For construction of an eastbound left turn lane on Progress Ave.
including pavement widening, concrete curb & gutters and
sidewalks
11) Recommendation to award contract for ITB No. 10 -5573, Traffic Sign
Materials and Related items," to multiple firms, in the estimated
annual amount of $75,000.
Awarded to the following vendors: Allied Tube, Custom Products,
Municipal Supply & Sign, Universal Sign and Vulcan Sign
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant within the
Bayshore Gateway Triangle area. (3570 Bayshore Drive, $1,498)
For grass removal and the installation of interlocking paving
blocks
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant within the
Bayshore Gateway Triangle area. (2479 Kirkwood Avenue, $15,715)
For exterior improvements to K. Star, LLC
3) Recommendation to approve the expenditure of Bayshore
Beautification MSTU funds for emergent services per Bid No. 10-
5387 for Bayshore Beautification MSTU Roadway Grounds
Maintenance (Fund 163 Fiscal Impact: Estimated Annual Expenditure
$25,000).
For emergency repairs to irrigation and electrical systems,
replacement of damaged irrigation and vegetation due to vehicle
accidents and vandalism
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4) Request that the Collier County Community Redevelopment Agency
(CRA) approve the application and recipient agreement for the
Immokalee CRA Commercial Facade Improvement Grant Program
for reimbursement of $19,954 for facade improvements to Florida
Specialties, LLC located at 601 East Main Street in Immokalee,
Florida which is owned by 328 Partners I, LLC dba Florida
Specialties, LLC.
For new stucco, paint, windows, awnings, signage and exterior
lighting
C. PUBLIC UTILITIES
1) Recommendation that the Board direct the Chairman to provide after -
the -fact approval for the submittal of a Pre - Disaster Mitigation grant
application to the State of Florida, Division of Emergency
Management, to install hurricane shutters and supporting equipment
on the North County Regional Water Treatment Plant for the total cost
of $30,634.21. The federal grant would be for $22,975.66 with a local
share of $7,658.55. The local share would be funded from Fund 412
with the NCRWTP Technical Support Project, Project #71066.
2) Recommendation to award Bid No. 10 -5516, in the amount of
$199,800, to International Baler Corporation to furnish and install a
horizontal baler at the Naples Recycling Center, Project Number
59003.
Needed for processing cardboard
D. PUBLIC SERVICES
1) Recommendation to approve the Release, Waiver of Liability, and
Indemnity Agreement for the donation of skate park ramps from the
Greater Marco Family YMCA, Inc. and authorize a budget
amendment in the amount of $40,000 to be used for improvements at
Immokalee Community Park for site work and to prepare a concrete
slab for placement of the ramps.
2) Recommendation to approve and authorize the Chairman to sign an
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agreement between the Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
sign the attached Attestation Statement and Verification of Emergency
Preparedness Statement, and approve a budget amendment to
recognize the grant revenue in the amount of $41,470 for the Nutrition
Services Incentive Program (NSIP).
For congregate meal sites located at the East Naples Community
Center, Golden Gate Community Center, Goodlette Arms Senior
Residence and the Roberts Center in Immokalee
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a revised agreement with the
Agency for Health Care Administration in the amount of $2,270,911
to participate in the Medicaid Low Income Pool Program for services
provided on behalf of the Housing, Human and Veteran Services
Department in order to generate an additional $340,637 in Federal
matching funds.
Allocations of the matching funds for Collier County Health
Department, David Lawrence Center and Social Services
4) Recommendation for approval for a Coastal Partnership Initiative
(CPI) grant application to the Department of Environmental
Protection for a Dune Restoration Project in the Clam Bay Park area.
For removal of all non - native invasive plant species and replacing
with native species
5) Recommendation to reject four (4) bids received for Invitation to Bid
10 -5554 NSP Lawn Care Program and approve award for Invitation to
Bid 10- 5554 -R (rebid) NSP Lawn Care Program to Oliva Enterprises
and Southwest Florida Landscape for activities to be funded under the
Neighborhood Stabilization Program (approximate annual spending:
$100,000).
Due to the confusion related to the deadline date for submission of
proposals
6) Recommendation to approve and authorize the Chairman to sign two
(2) Subrecipient Agreements for the Community Development Block
Grant (CDBG) and Home Investment Partnership Program (HOME)
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November 9, 2010
projects previously approved for Department of Housing and Urban
Development (HUD) funding in the 2010 -2011 Action Plan.
With Florida Non -Profit Inc. for Acquisition and
Rehabilitation /Home and the City of Naples for Anthony Park -
5`h Avenue North Parking
7) Recommendation to accept the Retired and Senior Volunteer Program
(RSVP) grant award and approve a budget amendment to recognize
the grant revenue in the amount of $68,152.
The project period is from September 30, 2010 through
September 29, 2011
8) Recommendation to approve and authorize the Chairman to sign five
(5) 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 $74,266.30.
Deferring impact fees for Lot 70, Liberty Landings, Lot 6, Regal
Acres, Lot 71, Liberty Landings, Lot 7, Regal Acres and Lot 10,
Regal Acres
9) Recommendation to award Bid #10 -5558, Commercial Pool Care
Program to Commercial Energy Specialists, Inc., in an amount not to
exceed $75,000, to provide preventative maintenance services at
County -owned and operated pools.
For Golden Gate Community Park Aquatics Facility, Immokalee
Sports Complex and Sun -n -Fun lagoon Water Park
10) Recommendation to approve and authorize the Chairman to sign four
(4) releases of liens for deferral of 100 percent of Collier County
impact fees for owner occupied affordable housing dwelling units.
For property owned by Lennar Homes on Gervais Circle
11) Recommendation to reject the solicitation (ITB) 10 -5568 for Fitness
Equipment Repair and Purchase and the associated proposals that
were submitted and authorize the Purchasing Department to re- solicit
for the services. The FY 2011 fiscal impact associated with this
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solicitation is $17,500.
In order to clarify specifications and locations to get a better bid
offer
12) Recommendation to approve a contract with Alex's Pool Heating &
Air Conditioning, LLC for $64,300, to install new pool heaters
associated with Immokalee Sports Complex and to authorize the
necessary budget amendments appropriating funds for this purpose.
13) Recommendation to approve and authorize the Chairman to sign a
modification to Disaster Recovery Initiative Agreement #07DB -3V-
09- 21 -01 -ZO 1 between the Florida Department of Community Affairs
and Collier County. This modification will extend the grant period
and update associated project work plans.
In order to facilitate the completion of single family rehabilitation
E. ADMINISTRATIVE SERVICES
Moved to Item #10D (During Agenda Changes per Commissioner Henning)
1) Recommendation to authorize the Chairman to sign the First
Amendment to the Starnes Cattle Lease Agreement and a US
Department of Agriculture Control of Agricultural Land Agreement,
which would result in an annual savings to Collier County of
approximately $5,633.
2) Recommendation to select the Naples Daily News as the news media
source to advertise delinquent real estate or property taxes (estimated
annual advertising cost: $90,000).
3) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation Claims settled and /or closed by the Risk
Management Director pursuant to Resolution #2004 -15 for the fourth
quarter of FY 10.
4) Recommendation to approve and execute an Agreement to provide the
Collier County Parks and Recreation Department funding for the
expansion of the Community Center located at Max Hasse
Community Park which is located at 3390 Golden Gate Boulevard
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November 9, 2010
West in Golden Gate Estates. The amount to be provided is to be 60%
of the total cost of the project, not to exceed $300,000.
For 2 additional areas that would be used for child care and
fitness activities
5) Recommendation to terminate the contract with EZ Lock Shutters &
Glass Inc. and award bid # 10 -5457 for the purchase and installation of
Roll Down Shutters for Collier Area Transit (CAT) Transfer Station
and other County Facilities to Storm Smart Building Systems, Inc., in
the amount of $198,311.
Due to failure to comply with contract requirements
6) Recommendation to authorize the necessary Budget Amendments for
the emergency replacement of the Simplex Fire Alarm System at the
Naples Regional Library, in the amount of $37,598.
Due to the age to the age of the equipment
Moved to Item #10E (During Agenda Changes per Commissioner Henning)
7) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve American Eurocopter as the sole source
provider of parts for the County's air ambulance helicopter for a
period of five (5) years ending September 30, 2015, at an estimated
cost of $200,000 annually.
2) Recommendation to approve Change Order #2 to Interlocal
Agreement for Management Services with The Pelican Bay
Foundation, Inc., for the development of the Community
Improvement Plan, in the amount of $31,652.50.
As detailed in the Executive Summary
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010 -11 Adopted Budget.
Resolution 2010 -222
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G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Naples Italian American Club Foundation Columbus
Celebration Dinner to read proclamation on October 13, 2010 in
Naples, FL. $20 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance to a function serving a Valid Public Purpose.
Attending American Red Cross Red, White & Brew on November 10,
2010; benefiting "Stockings for the Troops" in Naples, FL. $50 to be
paid from Commissioner Halas' travel budget.
Held at the Naples Hilton, 5111 Tamiami Trail North
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the United Arts Council of Collier County Masquerade
Magic event at the Naples Hilton in Naples, FL on October 30, 2010.
$75 to be paid from Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Economic Development Council of Collier County
Pre - Legislative Luncheon on November 23, 2010 in Naples, FL. $21
to be paid from Commissioner Fiala's travel budget.
Held at The Club at the Strand, 840 Strand Blvd.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Commissioner Coletta attended the Immokalee Annual Chamber
Auction and Steak Dinner event on October 23, 2010; held at the
Eagles Club, 405 West New Market Road, Immokalee, FL . $100 to
be paid from Commissioner Coletta's travel budget.
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November 9, 2010
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 2011.
In order to enforce federal criminal laws
2) To obtain Board approval for disbursements for the period of October
16, 2010 through October 22, 2010 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of October
23, 2010 through October 29, 2010 and for submission into the offical
records of the Board.
4) Sheriff request to the Board of County Commissioners to direct the
County Attorney's Office to work with the Sheriff and bring back to
the Board, at a future advertised public meeting, an ordinance that
restricts or regulates Pain Management Clinics.
To help limit the abuse of prescription drugs
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment in the
amount of $19,589.60 for Parcels 104FEE1 and 104TCE1 in the
lawsuit styled Collier County v. Lamartine Petit Monsieur., et al.,
Case No. 10- 2681 -CA (Collier Blvd. Project No. 68056) (Fiscal
Impact $7,618.35)
For the expansion of Collier Blvd. from Green Blvd. to Golden
Gate Blvd.
Moved to Item #12A (Per Agenda Change Sheet)
2) Recommendation to accept the settlement offer proposed by Housing
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November 9, 2010
Development Corporation of SW Florida, Inc., formerly known as
Collier County Housing Development Corporation, relating to
litigation styled as Collier County, Florida v. Collier County Housing
Development Corporation, et al. (Case No. 10- 2532 -CA) now pending
in the Circuit Court for the Twentieth Judicial Circuit in and for
Collier County, Florida, whereby Housing Development Corporation
of SW Florida, Inc., assigns all right, title and interest to the
promissory note and second mortgage and security agreement, in the
principal amount of $320,000, given by Cirrus Pointe Partners, LLC,
and direct the County Attorney to take whatever additional action is
necessary to implement this settlement.
3) Recommendation to Approve a Stipulated Final Judgment as to
Parcels 158FEE and 158TCE in the Lawsuit Styled Collier County v.
Timothy Maloney, et al., Case No. 10- 2690 -CA (Collier Boulevard
Project No. 68056). (Fiscal Impact: $84,116)
Needed for the construction of roadway, drainage and utility
easements for the expansion of Collier Blvd.
4) 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 $715,500.00 for the acquisition of Parcels 701R, 901R, 801N,
902AN, 902RA, 902RB, 703, 803R-A, 803RB, 903, 704, 904, 705,
905, 830, 930, 831, 931, 832R, 932R in the lawsuit styled Collier
County, Florida v. Vision & Faith, Inc., et al, Case No. 05- 1275 -CA
(SCRWTP RO Wellfield Expansion Project #70892), and authorize
the necessary budget amendment. (Fiscal Impact $557,000)
Needed for the South County Regional Water Treatment Plant
Reverse Osmosis expansion
5) 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 $170,000 for the acquisition of Parcels 806, 906, 807 and 907 in the
lawsuit styled Collier County, Florida v. Vision & Faith, Inc., et al,
Case No. 05- 1275 -CA (SCRWTP RO Wellfield Expansion Project
470892), and authorize the necessary budget amendment. (Fiscal
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November 9, 2010
Impact $150,290)
Needed for the South County Regional Water Treatment Plant
Reverse Osmosis expansion
6) Recommendation to approve a global settlement agreement and
mutual release for the cases styled John Carlo, Inc. v. Collier County,
Florida, Case No. 07- 311 -CA (Immokalee Road Improvement Project
No. 66042) and Collier County v. John Carlo, Inc., Case No. 09-8724 -
CA (Rattlesnake Hammock Road Project No. 60169).
Case set for trial on July 19, 2011
7) Recommendation to approve a Settlement Agreement with Insituform
Technology Inc. (ITI) pertaining to Contract Number 03 -3455,
Trenchless Sewer System Rehabilitation Contracting Services, in the
amount of $563,277 to complete repairs related to ITIs rehabilitation
of sewer lines in North Naples (Area I -3 and Area I -4), and to
authorize the Chairman to execute the Settlement Agreement.
For sewer lines located in North Naples (Areas I -3 and I -4)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI -
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Moved to Item #8B (Per Agenda Change Sheet)
A. This item requires that ex oarte disclosure be Drovided by Commission
Members. Should a hearine be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC -
PI-2010 -1595, Marsilea Villas, to disclaim, renounce and vacate the County
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November 9, 2010
and the Public interest in that portion of a 30 -foot wide easement for
roadway as originally recorded in Official Record Book 218, page 734 of the
Public Records Collier County, Florida being located in the southwest
quarter of the northeast quarter of the southwest quarter of Section 13,
Township 48 South, Range 25 East, Collier County Florida being more
specifically shown in Exhibit A.
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members: DOA- PL2010 -843: 850
NWN, LLC, CG I1, LLC & CityGate Development Inc., represented by Josh
Fruth of Davidson Engineering Inc., requesting an amendment to the City
Gate DRI Development Order to conform to the City Gate Habitat
Conservation Plan and the City Gate Federal Fish and Wildlife Permit. The
amendment is to the City Gate DRI Development Order #90 -4 [Collier
County Resolution # 90 -431 ], Section 4 entitled Vegetation and
Wildlife /Wetlands, in particular paragraph c entitled Off -site Mitigation and
paragraph d entitled Red Cockaded Woodpecker Management Plan. This
project is located at the intersection of Collier Boulevard (CR 95 1) and City
Gate Boulevard North in Section 35, Township 49 East, Range 26 South,
Collier County, Florida. (Companion to PUDA- PL2010 -845)
Resolution 2010- 223/D.O. 2010 -01
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members: PUDA- PL2010 -845:
850 NWN, LLC, CG II, LLC & CityGate Development LLC, represented by
Josh Fruth of Davidson Engineering Inc., are requesting an amendment to
the Planned Unit Development (PUD) for the City Gate Commerce Park
PUD. This amendment seeks to amend Ordinance No. 88 -93 to remove
Section VII, entitled Red Cockaded Woodpecker Management Plan, to
recognize that said Management Plan has been revised to conform to the
City Gate Habitat Conservation Plan and the City Gate Federal Fish and
Wildlife Permit. The PUD, consisting of 287 acres, is located at the
intersection of Collier Boulevard (CR 95 1) and City Gate Boulevard North
in Section 35, Township 49 East, Range 26 South, Collier County, Florida.
(COMPANION TO DOA- PL2010 -843)
Ordinance 2010 -42
D. This item requires that all participants be sworn in and ex parte
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November 9, 2010
disclosure be provided by Commission members. CU- 2008 -AR- 14078:
Cemex Construction Materials Florida, LLC, represented by Robert J.
Mulhere, AICP of RWA Consulting, Inc. and Will J. Dempsey, Esquire of
Cheffy Passidomo, PA., is requesting a Conditional Use within the Rural
Agricultural Zoning District with a Mobile Home Overlay and a Rural Land
Stewardship Area Overlay (A- MHO- RLSAO), pursuant to Section
2.03.01.A.1.c.I and Section 4.08.06.B.4.b. of the Collier County Land
Development Code, to allow earth mining and related processing and
production of material for a project to be known as the Immokalee Sand
Mine. The 898 -acre subject property is located on the north side of SR 82,
approximately 1.2 miles west of the intersection with SR 29, in Sections 6
and 7, Township 46 South, Range 29 East, Collier County, Florida.
Resolution 2010 -224
E. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2010 -11 Adopted Budget.
Resolution 2010 -225
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
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November 9, 2010