Backup Documents 12/01/2009 Recap
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
O~~\ 1/'1'
"
,. ,
( f \' .....
)1 ,,\
AGENDA
December I, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice-Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA
ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE
UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE
CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
Page 1
December 1, 2009
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBA TIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAM lAM I TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and or Adopted w/changes - 5/0
B. October 27,2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. ~ 20 Year Attendees (Per Agenda Change Sheet)
I) Irving Baez, Parks & Recreation
Presented
Page 2
December 1, 2009
2) Dale Bergenback, Road Maintenance
Presented
3) James Foster, Public Utilities
Presented
4) Janet Go, Solid Waste
Presented
5) Claire Oss, Library
Presented
B. J{) 25 Year Attendees (Per Agenda Change Sheet)
I) John D'Amico, Facilities Management
Presented
C. Advisory Committee Service Awards
1) Kenneth R. Rech, Board of Building Adjustments and Appeals
Presented
2) Mimi Wolok, Land Acquisition Advisory Committee
Not Present
3) Edward Olesky, Immokalee Master Plan and Visioning Committee
Not Present
4) Clarence S. Tears, Immokalee Master Plan and Visioning Committee
Presented
5) Manual Gonzalez, Hispanic Affairs Advisory Board
Presented
4. PROCLAMATIONS (One motion was taken to adopt all proclamations)
A. Proclamation designating December 7 - II, 2009 as Employee Learning
Week. To be accepted by Lorna Kibbey, President of Southwest Florida
American Society of Training and Development.
Page 3
December 1, 2009
Adopted - 5/0
B. Proclamation congratulating Intech Printing and Direct Mail, Inc. as the
recipient ofthe Waste Reduction Awards Program (WRAP) for their
enhanced and innovative recycling program. To be accepted by Patricia and
David Walker.
Adopted - 5/0
C. Proclamation designating December 1,2009 as Project Innovation Day.
To be accepted by Tammie Nemecek, Economic Development Council
President.
Adopted - 5/0
5. PRESENTATIONS
A. Energy Audit and Greenhouse Gas Inventory Report, presented by Cloe
Waterfield.
Presented
B. Recommendation to recognize Deborah Farris, Senior Property Acquisition
Specialist, Transportation Engineering & Construction Management
Department as Employee of the Month for November, 2009.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Anthony Pires to discuss one-year extension of
enforcement abatement at 5510 Shirley Street.
Motion to approve a one-year extension - Approved 4/1 (Commissioner
Halas opposed)
B. Public Petition request by Lesley Marr, on behalf of North Naples Methodist
Church, to discuss additional four Temporary Use Permit days for 2009.
Motion to approve four additional permit days - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
Page 4
December 1,2009
8. ADVERTISED PUBLIC HEARINGS
A. This item continued from the September 15, 2009 BCC Meetin2. This
item requires that all participants be sworn in and ex-parte disclosure
be provided by Commission members. PUDZ-2008-AR-14091, LCS-
Westminster Naples LLC, represented by Robert Duane, AICP of Hole
Montes and Richard D. Yovanovich, Esq., of Coleman, Yovanovich and
Koester, is requesting a Rezone from the Orange Blossom Gardens Planned
Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A)
zoning districts to the Commercial Planned Unit Development (CPUD) for a
764,478 square-foot continuing care retirement community (CCRC) to be
known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre
subject property is located on the north side of Orange Blossom Drive,
approximately 1,000 feet east of Airport Road (CR-31) and west of
Livingston Road (CR-88!) in Section I, Township 49 South, Range 25 East
of Collier County, Florida (Companion item to Item #8B PUDA-2008-AR-
14090 and Item #8C PUDA-2008-AR-14092). CTS
Ordinance 2009-65 Adopted w/stipulations - 5/0
B. This item continued from the September 15,2009 BCC Meetin2. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDA-2008-AR-14090 LCS-
Westminster Naples LLC, represented by Robert Duane, AICP, of Hole
Montes, Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman,
Johnson, Y ovanovich and Koester, is requesting an amendment to the Oak
Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The
subject property is located in Section I, Township 49 South, Range 25 East,
Collier County, Florida (This is a companion item to Item #8A PUDZ-2008-
AR-14091 and Item #8C PUDA-2008-AR-14092). CTS
Ordinance 2009-66 Adopted w/stipuIations - 5/0
C. This item continued from the September 15, 2009 BCC Meetin2. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDA-2008-AR-14092 LCS
Development LLC, represented by Robert Duane, AICP, of Hole Montes,
Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson,
Y ovanovich and Koester, is requesting an amendment to the Orange
Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85
acres. The subject property is located in Section I, Township 49 South,
Page 5
December 1, 2009
Range 25 East, Collier County, Florida (Companion item to Item #8A
PUDZ-2008-AR-1409l and Item #8B PUDA-2008-AR-14090). CTS
Ordinance 2009-67 Adopted w/Stipulations - 5/0
Time Certain 3:00 p.m. (Per Agenda Change Sheet)
D. This item has been continued from the October 27, 2009 and the
November 10,2009 BCC Meetin2. Recommendation to consider adoption
of an ordinance establishing the City Gate Community Development District
(CDD) pursuant to Section 190.005, Florida Statutes. (This is a companion
to Item #IOE.)
Ordinance 2009-68 Adopted - 5/0
Time Certain 3:00 p.m. (Per Agenda Change Sheet)
E. This item continued from the November to, 2009 BCC Meetin2. This
item requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. Recommendation to consider
adoption of an ordinance amending the City Gate Commerce Park PUD
(Ordinance No. 88-93) to allow streets to be public. (This is a companion to
Item #1OE.)
Ordinance 2009-69 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONER
A. Appointment of members to the Consumer Advisory Board (CAB).
Resolution 2009-283: Appointing Kristi J. Bartlett for a 4-year term
expiring December 1, 2013; appointing Justin P. Caldarone and
Victoria Di Nardo for 3-year terms expiring December 1,2012;
appointing John Herbert Mitchell for a 2-year term expiring on
December 1,2011 and the remaining vacant appointment being
re-advertised - Adopted 5/0
B. Appointment of members to the Golden Gate Beautification Advisory
Committee.
Resolution 2009-284: Re-appointing Patricia Spencer and Margaret
Harris - Adopted 5/0
C. Appointment of members to the Development Services Advisory
Committee.
Page 6
December 1, 2009
Resolution 2009-285: Re-appointing Clay C. Brooker and Reed K. Jarvi
Adopted - 5/0
D. Appointment of member to the Lely Golf Estates Beautification Advisory
Committee.
Resolution 2009-286: Appointing Jennifer Tanner - Adopted 5/0
E. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2009-287: Re-appointing David Saetko - Adopted 5/0
10. COUNTY MANAGER'S REPORT
Time Certain 11 :00 a.m. (Per Agenda Change Sheet)
A. Recommendation to authorize a review of the current Affordable Housing
Impact Fee Deferral Program and to direct staff on future actions. (Marcy
Krumbine, Housing and Human Services Director)
Accept staff's recommendations and proceed with Option #2 to the
Advisory Board and County Attorney to bring back their
recommendations to a future Board Meeting - Approved 5/0
This item to be heard immediately following Item #toA (Per Agenda Change Sheet)
B. Recommendation to approve and authorize the Chairman to sign, thirty-six
(36) lien agreements with Habitat for Humanity of Collier County, Inc. for
deferral of 100% of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County. (Fiscal impact
$53 I ,498.23) (Marla Ramsey, Public Services Administrator)
Approved - 5/0
C. Recommendation to adopt a resolution authorizing the condemnation of
those perpetual and temporary easement interests necessary for the
construction of storm water improvements known as the Lely Main Canal
East-West phase of the Lely Area Stormwater Improvement Project
(LASIP). (Capital Improvement Element No. 291, Project No. 51101).
Estimated fiscal impact: $585,000. (Norman Feder, Transportation Services
Administrator)
Resolution 2009-288 Adopted - 5/0
D. Recommendation to adopt a resolution authorizing the condemnation of
those perpetual and temporary easement interests necessary for the
Page 7
December 1,2009
construction of storm water improvements known as the
Royalwood/Whitaker Road phase of the Lely Area Stormwater
Improvement Project (LASIP). (Capital Improvement Element No. 291,
Project No. 5110 I). Estimated fiscal impact: $380,000. (Norman Feder,
Transportation Services Administrator)
Resolution 2009-289 Adopted - 5/0
Time Certain 3:00 p.m. (Per Agenda Change Sheet)
E. Recommendation for the Board of County Commissioners (BCC) to approve
a Developers Contribution Agreement (DCA) between City Gate
Development, LLC, and CG II, LLC (Developer) and Collier County
(County) to define transportation commitments, enhance access and preserve
the future Wilson/Benfield transportation corridor. Due to the size of the
exhibits, they will not be printed, but can be viewed at the Community
Development Division. (This is a companion to Items #8D and #8E.)
(Norman Feder, Transportation Services Administrator)
Approved - 5/0
F. Recommendation to consider the options to respond to a public petition
request by Ms. Lynn Smallwood-McMillin where she requests a waiver of
enforcement of the Land Development Code related to size and location of
an existing off-premise directional sign for the Smallwood Store,
Chokoloskee, Florida, and in doing so consider the option of designating the
existing sign as a historical sign or as a county approved historic marker.
(Joseph K. Schmitt, Administrator, CDES)
Accept staff's recommendations as stipulated - Approved 4/1
(Commissioner Halas opposed)
G. To obtain direction regarding the roles, responsibilities and reporting
relationships for the position of Executive Director of the Collier County
Airport Authority; approve the formal position description for recruitment
purposes and authorize the appointment of an interim director. (Winona
Stone, Assistant to the County Manager.)
Motion to approve Debbie Bruggeman as interim Manager, going with
Option #1 in the executive summary, Airport authority to bring back
top three candidates so that the Board can make final decision - Failed
2/3 (Commissioner Coletta, Commissioner Coyle, and Commissioner
Henning opposed); Motion to approve Debbie Bruggeman as interim
Manager, Start the process for hiring a Director/Manager, Airport
Pagc 8
December 1, 2009
Authority to choose top three candidates and Board to interview in the
Sunshine for final decision, and staff to bring back suggestions and
changes to option #2 - Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Randy Johns - Request for extension of 1 year to comply with Sign
Code Violations for Florida Sports Park; Motion to approve extension -
Approved 4/0 (Commissioner Henning out)
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16Kl (Per Agenda Change Sheet)
A. Recommendation to authorize the Office of the County Attorney to initiate
foreclosure proceedings pursuant to Section 162.09, Florida Statutes, in
relation to two (2) code enforcement liens, arising from Code Enforcement
Board Case Nos. CEB 2005-35 and 2005-39, entitled Board of County
Commissioners, Collier County, Florida vs. Curtis D. and Brenda Blocker.
Approved - 4/1 (Commissioner Henning opposed)
Moved from Item #16K3 (Per Agenda Change Sheet)
B. Recommendation to approve the filing of a foreclosure action with the
Circuit Court of the Twentieth Judicial Circuit to recover an outstanding
Code Enforcement Lien presently totaling $240,630.04, regarding the James
C. Marshall and Sherry Marshall property located at 820 20th Avenue N.W.,
Naples, Florida (Folio #37590120007).
Approved - 4/1 (Commissioner Henning opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Moved from Item #16Gl (Per Agenda Change Sheet)
A. Recommendation to designate, by Resolution, the entire geographical
territory of Collier County as a Recovery Zone, in accordance with the
American Recovery and Reinvestment Act of 2009, which allows for the
issuance of Recovery Zone Economic Development Bonds and Recovery
Zone Facility Bonds on or prior to December 31,20 I 0; and providing
authority to the BCC to approve eligible projects to be financed by such
Page 9
December 1,2009
Bonds. (Fiscal Impact None)
CRA Resolution 2009-290 Adopted - 3/2 (Commissioner Fiala and
Commissioner Coletta opposed)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Attorney - Requesting a shade session for next meeting
regarding the Grider case
B. County Manager - Planning Commission workshop 12/16/09 in
Immokalee hosted by CDES regarding Immokalee ~aster Plan
C. County Manager - Additional backup information for Item #16G5
D. Commissioner Fiala - Request for a designee to represent the County
on the Early Learning Coalition Board - Motion to endorse the County
Manager's recommendation to appoint Barry Williams - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Continued to the December 15,2009 BCC Meeting (Per Agenda Change Sheet)
1) Recommendation to direct the County Manager or his designee to
provide a refund in the amount of $1 ,052.28 for a portion of the
petition fee received for a recently withdrawn 2007-2008 Cycle
Growth Management Plan Amendment Petition.
2)
Recommendation to waive fines and Release of Lien in the Code
Enforcement Action entitled Felipe and Isabel Ramirez, Case No.
CENA-2008-0008l13 relating to property located at 3503 Westclox
Street, Immokalee, Florida.
Waiving $9,000 in accrued fines
3)
Recommendation to approve the Release and Satisfaction of Lien for
payment in full received for the Code Enforcement Action entitled
Board of County Commissioners vs. Satrice Metelus, Special
Page 10
December 1,2009
Magistrate Case No. 2007030478, relating to property located at 3169
Areca Avenue, Naples, Florida.
Fines of $2,246.18 have been paid by Southern Financial Title
Services, Inc.
4) Recommendation to accept a Proposed Settlement providing for
waiver of fines and Release of Lien in the Code Enforcement Action
entitled Occeus Saintilien, Malveilleas Estervene & Jean Thermidor,
Case No. 2006-22, relating to property located at 513 Stokes Avenue,
Immokalee, Florida.
Waiving $46,799.98 in accrued fines
5) Recommendation to approve the Release and Satisfaction of Lien for
payment of operational costs only for the Code Enforcement Action
entitled Board of County Commissioners vs. Chris Posada, CEB Case
No. 2004-016 relating to property located at 5238 Holland Street,
Naples, Florida.
Waiving $270, 300 in accrued fines
6) Recommendation to approve a Release of an Order of the Code
Enforcement Special Magistrate against properties owned by Tarpon
Cove Community Association, Inc., in code enforcement case entitled
Board of County Commissioners vs. Tarpon Cove Community Assn.
Inc., Special Magistrate Case No. PU-4457.
Associated fines have been paid and compliance has been met
7) Recommendation to approve a Release of an Order of the Code
Enforcement Special Magistrate against properties owned by Phyllis
J. Plaster, Trustee, in code enforcement case entitled Board of County
Commissioners vs. Phyllis 1. Plaster, Trustee, Special Magistrate Case
No. PU-3805.
With recording costs of$10.00
8) Recommendation to accept a Proposed Settlement providing for
Compromise and Release of Lien in the Code Enforcement Action
entitled Kerry Hyppolite, Case No. 2007090300 relating to property
located at 2640 Santa Barbara Boulevard, Naples, Florida.
Waiving $18,619.26 in accrued fines
Page 11
December 1,2009
B. TRANSPORT A nON SERVICES
1) Recommendation to approve Funding Agreement No. 4600001684,
Amendment No. 01 in the amount of$I,200,000.00 with the South
Florida Water Management District to provide assistance with the
construction of three (3) Lely Area Stormwater Improvement Projects
(LASIP): (I) Lely Main Canal East/West, (2) Lely Manor Canal
South, and (3) Lely Manor Canal North and extend construction time
schedule for the Gateway Triangle Stormwater Improvement Project.
As detailed in the Executive Summary
2) Recommendation to award Bid #10-5367--Immokalee Road
Landscape Maintenance Phase 2 & 3 (1-75 to Collier Blvd.) to
Hannula Landscaping & Irrigation Inc. with an annual estimated base
service of$64,597.08 (Fund III, Various Cost Centers).
For the landscaping and maintenance of approximately 3.5 miles
3) Recommendation to award Bid #10-5357-- Vanderbilt Beach Road
Landscape Maintenance Phase I & 2 to Hannula Landscaping &
Irrigation Inc. with an annual estimated base service of $S9,767.16
(Fund III , Various Cost Centers).
For the landscaping and maintenance of approximately 4.8 miles
4) Recommendation to approve a Change Order and authorize the
County Manager, or his designee, to sign Change Order #2 for Kelly
Brothers, Inc. for the County Bridge Repair and Restoration Program,
Project #66066, Contract #OS-5135 in the amount of $44,302.00 for
additional repairs needed to both the Chokoloskee and Oil Well Road
Bridges.
As detailed in the Executive Summary
5) Request for authorization to advertise and bring back an Ordinance
amending Collier County Ordinance 2001-43, as amended (The
Vanderbilt Beach Beautification Municipal Service Taxing Unit), to
incorporate provisions to facilitate the ongoing conversion of
overhead utility distribution facilities to underground service within
the MSTU boundaries.
Page 12
December 1, 2009
C. PUBLIC UTILITIES
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign an
agreement with the Agency for Health Care Administration in the
amount of $2,221 ,077 to participate in the Medicaid Low Income Pool
Program for services provided on behalf of the Housing and Human
Services Department in order to generate an additional $567,347 in
Federal matching funds.
Physician's Regional Medical Center will serve as the third party
administrator, receiving Medicaid payments for the agreement
term October 1,2009 through September 30, 2010
2) Recommendation to approve and authorize the Chairman to sign
Amendment #3 between Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
Inc. and approve a budget amendment to reflect an increase of
$25,000 in the Older Americans Act Program.
For the contract period ending December 31, 2009
3) Recommendation to approve budget amendments totaling $545,000 to
ensure continuous funding of the Older Americans Act Grant in the
Services for Seniors Program for FY 20 I 0 and authorize the continued
payment of grant expenditures.
For the award period January 1,2010 through December 31, 2010
4) Recommendation to accept additional funding from the 4-H
Foundation Clubs, Inc., in the amount of$13,694.00; recognize
$6,230 in private contributions; and authorize a budget amendment in
the amount of $19,924.00.
To partially fund a full-time 4-H Outreach Coordinator position,
fully fund a temporary Outreach Coordinator and enhance
outreach activities
5) Recommendation to approve Amendment No.4 to the FDEP Cost
Share Contract No. 05CO I for the construction and monitoring of the
City of Naples/Collier County Beach Renourishment Project
Page 13
December 1,2009
providing additional state funding in the amount of $85,231; and
authorize the Chairman to execute the amendment.
For an agreement ending December 31, 2011
E. ADMINISTRA TIVE SERVICES
Continued to the January 12, 20to BCC Meeting (Per Agenda Change Sheet)
1) Recommendation to approve First Amendment to Lease Agreement,
a/k/a the cattle lease, for the Pepper Ranch Preserve under the
Conservation Collier Land Acquisition Program.
2) Recommendation to approve a Letter of Agreement with Quest
Diagnostics, Inc. effective January I, 20 I 0 to provide onsite biometric
and laboratory testing services in support of the Wellness Based
Incentive Program. (Fiscal Impact $142,450)
3) Recommendation to award RFP #09-5252 Indoor Air Quality, to Pure
Air Control Services, Inc., for Indoor Air Quality (IAQ) testing,
cleaning and remediation services at an estimated annual cost of
$100,000.
4) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution No. 2004-15 for FY09.
As detailed in the Executive Summary
5) Recommendation to re-appropriate $50,370 previously approved in
Fiscal Year 2009 from the GAC Land Trust to the Big Corkscrew
Island Fire Control & Rescue District for the purchase of six mobile
data terminals.
6) Recommendation to re-appropriate $54,000 previously approved in
Fiscal Year 2009 from the GAC Land Trust to the Golden Gate Fire
Control & Rescue District for the purchase of sixteen mobile data
terminals.
F. COUNTY MANAGER
Page 14
December 1, 2009
1) Recommendation that the Board of County Commissioners approve a
Florida Emergency Medical Services County Grant Application,
Grant Distribution Form and Resolution for the funding of Training
and Medical/Rescue Equipment and Supplies in the amount of
$119,847.00 and to approve a Budget Amendment.
Resolution 2009-282
2) Recommendation to approve the placement ofthe remaining 5.11 acre
Bembridge property located on Santa Barbara Boulevard for sale at a
price at or near market value, but not less than $450,000.
With funds being returned to the EMS Impact Fee Fund
3) Recommendation to approve the purchase of three WeatherBug
Stations to enhance the capabilities of first responders, recognize
WeatherBug as a sole source vendor, authorize the Chairman to sign
the agreement, and authorize the associated budget amendment.
(Fiscal Impact $61,470.)
Serving the southern areas of the County by providing vital "real
time" weather information for use by emergency responders
4) Recommendation that the Board of County Commissioners approves a
Budget Amendment in the amount of$I,OOO,OOO pursuant to
Ordinance 2009-58 increasing the adopted budget for tourism
promotion, advertising and marketing as appropriated within Fund
(184), as previously directed by the BCC.
For a one year period to support promotion and advertising
during the current economic downturn
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Moved to Item #14A (Per Agenda Change Sheet)
1) Recommendation to designate, by Resolution, the entire geographical
territory of Collier County as a Recovery Zone, in accordance with the
American Recovery and Reinvestment Act of2009, which allows for
the issuance of Recovery Zone Economic Development Bonds and
Recovery Zone Facility Bonds on or prior to December 31, 20 I 0; and
providing authority to the BCC to approve eligible projects to be
Page 15
December 1, 2009
financed by such Bonds. (Fiscal Impact None)
2) Recommendation that the Collier County Community Redevelopment
Agency (CRA) award RFP #09-5333 to RW A, Inc., for the purpose of
updating the Bayshore Gateway Triangle CRA Overlays as they relate
to the Collier County Land Development Code and authorize the
Chairman to execute the County's standard agreement. (Fiscal Impact
$105,000)
To evaluate the effectiveness of the current regulations and
identify any deficiencies
3) Recommendation that the CRA enter a Brownfield Site Rehabilitation
Agreement with the Florida Department of Environmental Protection
to rehabilitate a brown field site within a designated brownfield area;
approve the Chairman to sign all enabling documents; and authorize
the Bayshore Gateway Triangle Executive Director to comply with all
provisions of the agreement and apply for the Voluntary Cleanup Tax
Credit for remediation activities performed in calendar year 2009.
(CRA Fiscal Impact n $250)
Rehabilitating four parcels located on approximately 17.665 acres
of land at the intersection of Bayshore and Jeepers Drive
4) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area. (2669
Davis Boulevard / Fiscal Impact n $1,500)
Revitalizing property owned by Central Park Properties, Inc.
5) Recommendation that the County Attorney be authorized to file a
lawsuit to evict Southern Motor Sports, Inc. a Florida Corporation and
its principles, affiliate entities or persons, or any combination thereof,
from CRA owned premises identified in a Lease Agreement, dated
November 14, 200S, including but not limited to, eviction, the pursuit
of past due rent, damages, and costs due and owing to Collier County
CRA under the Lease Agreement and as otherwise provided by law.
(Fiscal Impact n $325)
As detailed in the Executive Summary
Page 16
December 1, 2009
H. BOARD OF COUNTY COMMISSIONERS
l. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the Collier County Board of Commissioners
approve and the Chairman execute an Interlocal Agreement for
Election Services for the City of Naples February 2, 20 10 Municipal
Election.
For the use of County voting and ballot tabulation equipment
2) To obtain board acceptance of the Report of Interest for the fiscal year
ending September 30,2009.
3) To obtain board approval for disbursements for the period of October
31, 2009 through November 6, 2009 and for submission into the
official records of the board.
4) To obtain board approval for disbursements for the period of
November 7,2009 through November 13,2009 and for submission
into the official records of the board.
5) To obtain board approval for disbursements for the period of
November 14,2009 through November 20, 2009 and for submission
into the official records of the board.
K. COUNTY ATTORNEY
Moved to Item #12A (Per Agenda Change Sheet)
1) Recommendation to authorize the Office ofthe County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to two (2) code enforcement liens, arising from
Code Enforcement Board Case Nos. CEB 2005-35 and 2005-39,
entitled Board of County Commissioners, Collier County, Florida vs.
Curtis D. and Brenda Blocker.
Page 17
December 1, 2009
2) Authorize the making of an Offer of Judgment to Respondents,
Michael and Marie Thompson, for Parcel No. 125FEE in the amount
of$241,401 in the lawsuit styled Collier County v. Pascal J Murray,
et at., Case No. 07-4784 (Santa Barbara Boulevard Extension Project
No. 60091) (Fiscal Impact $34,101).
Moved to Item #12B (Per Agenda Change Sheet)
3) Recommendation to approve the filing of a foreclosure action with the
Circuit Court of the Twentieth Judicial Circuit to recover an
outstanding Code Enforcement Lien presently totaling $240,630.04,
regarding the James C. Marshall and Sherry Marshall property located
at 820 20th Avenue N.W., Naples, Florida (Folio #37590120007).
4) Recommendation to authorize the County Attorney to settle a lawsuit
filed against the Collier County Board of County Commissioners by
Cornelia Surr and Thomas Surr in the Circuit Court for the Twentieth
Judicial Circuit, in and for Collier County, Florida for the sum of
$15,000.00 and authorize the Chairman to execute the Settlement
Agreement.
5) Recommendation to authorize the County Attorney to settle a lawsuit
filed against the Board of County Commissioners by Brian Anderman,
an East Naples firefighter, in Collier County Circuit Court, for the
sum of $20,000.00 and authorize the Chairman to execute the
Settlement Agreement.
6) Recommendation to approve a Retention Agreement for legal services
on an as needed basis with the law firm of Grant Fridkin Pearson
Athan & Crown, P.A.
7) Recommendation to authorize a Stipulated Final Judgment in the
amount of$9,750 for Parcel I 52RDUE in the lawsuit styled Collier
County, Florida v. Patricia K. Carlyle, et aI, Case No. 07-2829-CA
(Oil Well Road Project 60044). (Fiscal Impact $14,468)
8) Recommendation to authorize a Stipulated Final Judgment in the
amount of $795,000 for Parcel124FEE in the lawsuit styled Collier
County v. Pascal J Murray, et. al., Case No. 07-4784-CA (Santa
Barbara Boulevard Extension Project #60091 (Fiscal Impact
Page 18
December 1, 2009
$180,700).
9) Recommendation to authorize the County Attorney to draft an
ordinance creating the Marco Island Museum Advisory Board to
report to the Board of County Commissioners and to specifically
review management and policy issues pertaining to the Marco Island
Museum.
10) Recommendation to authorize a Stipulated Final Judgment in the
amount of $1 08,000 for Parcels 153 and 853 in the lawsuit styled
Collier County v. Tech Foundation, Inc., et aI., Case No. 03-2499-CA
(Golden Gate Parkway Project No. 60027) and to authorize a budget
amendment. (Fiscal Impact $73,037.40)
11) Recommendation to review and approve a policy relating to
proclamations awarded by the Board of County Commissioners.
As detailed in the Executive Summary
12) Recommendation to authorize the County Attorney to reject a
settlement offer tendered by the plaintiff in the lawsuit captioned
Mark Holmes v. Collier County Board of Commissioners pending in
the United States District Court for the Middle District of Florida, Ft.
Myers.
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 P ARTICIP ANTS MUST BE SWORN IN.
Page 19
December 1, 2009
A. Recommendation to approve an amendment to Ordinance No. 82-3, to
remove the present prohibition on possession, sale, importation, or release
(into County waters) ofTilapia, pursuant to the Boards October 27, 2009
direction.
Ordinance 2009-62
B. Recommendation to adopt and authorize the Chairman to sign an ordinance
establishing policies, procedures and a standard form to be used by the
Board of County Commissioners when selling and conveying real property
acquired under the Neighborhood Stabilization Program.
Ordinance 2009-63
C. Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to
incorporate a provision clarifying the imposition of Water and Sewer Impact
Fees on geographic areas within the Collier County Water-Sewer District
until such a time when connection to the regional water and/or sewer system
is anticipated within a ten-year period as identified by the most current
Public Utilities Water and Wastewater Master Plan Updates and the Annual
Update and Inventory Report.
Ordinance 2009-64
18. ADJOURN
Motion to Adjourn - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 20
December 1,2009