Recap 12/11-12/2007 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
December 11-12, 2007
9:00 AM
Jim Coletta, BCC Chairman, District 5; CRAB Vice-Chairman
Tom Henning, BCC Vice- Chairman, District 3
Donna Fiala, BCC Commissioner, District 1; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
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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December 11-12, 2007
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) 774-8380; 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 with changes - 5/0
B. November 5,2007 - BCC/AUIR Meeting
Approved as Presented - 5/0
C. November 7, 2007 - Value Adjustment Board Special Magistrate
Stephen Cunningham
Approved as Presented - 5/0
D. November 9,2007 - Value Adjustment Board Special Magistrate
Mark Pelletier
Approved as Presented - 5/0
E. November 13, 2007 - BCC Regular Meeting
Approved as Presented - 5/0
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December 11-12, 2007
F. November 19, 2007 - Value Adjustment Board Special Magistrate
Gerald Lagace
Approved as Presented - 5/0
G. November 19,2007 - Value Adjustment Board Special Magistrate
Scott Watson
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Noemi Fraguela, EMS
Presented
B. Advisory Committee Service Awards
5 Year Recipients
1) James Elson - Collier County Citizens Corps
Presented
2) Deborah Horvath - Collier County Citizens Corps
Presented
3) Walter Jaskiewicz - Collier County Citizens Corps
Presented
4) Michael Murphy - Emergency Medical Services Advisory Council
Presented
5) Rob Potteiger - Emergency Medical Services Advisory Council
Presented
4. PRO CLAM A TIONS
A. Proclamation for Ron Pennington Day to be received by Councilman John
Sorey and Coastal Advisory Committee member Murray Hendel.
Adopted - 5/0
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December 11-12, 2007
B. Proclamation for Bill Neal, "Mayor of Bayshore" Week to be accepted by
Bill Neal.
Adopted - 5/0
C. Proclamation acknowledging Lavigne Kirkpatrick and Dr. Leonard Ferenz
for their efforts to strengthen the moral and ethical fiber of our Community.
To be accepted by Lavigne Kirkpatrick and Dr. Leonard Ferenz.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation by Janet Watermeier, Vice Chair of the Florida Transportation
Commission regarding State Road Funding. (Commissioner Coletta's
request)
Presented
6. PUBLIC PETITIONS
A. Public petition request by Debbe Faunce to discuss inappropriate business
practices by a Collier County Licensed Contractor.
Discussed and Contractors Licensing Board to keep the Board updated
on progress of this case since contractor is under investigation by the
State
B. Public petition request by Vivian Jimenez to discuss eminent domain issues
relative to property owners on Oil Well Road.
Discussed
Withdrawn
C. Public petition request by Ron McSwiney to discuss the Youth Haven
Campus Expansion Project.
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 has been continued indefinitelv. This item requires that all
participants be sworn in and ex parte disclosure be provided by Commission
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December 11-12, 2007
members. This item continued from the November 13,2007 BCC Meeting.
PUDA-2007-AR-11283 (NG) Wing South, Inc., represented by Heidi
Williams, AICP ofQ. Grady Minor and Associates, P.A., requesting an
amendment of the ShadowWood Planned Unit Development (PUD)
Ordinance No. 82-49 to increase the number of single family dwelling units
from II units to a maximum of 16 units by increasing the Single Family
Residential (Tract B) from 3.7 acres to 5.68 acres and reducing the acreage
of the Private Air Park district (Tract C) from 37.8 acres to 35.82 acres. The
subject property is located along the north side of Rattlesnake-Hammock
Road, approximately one mile west of Collier Boulevard (CR 951),
northeast of the intersection of Rattlesnake-Hammock Road and Skyway
Drive, in Section 16, Township 50 South, Range 26 East, Collier County,
Florida.
B. This item continued from the November 27, 2007 BCC Meetine:. This
item reQuires that all participants be sworn in and ex parte disclosure
be provided bv Commission members. Petition: PUDZ-2006-AR-I0648:
Naples Motorcoach Resort Inc., represented by Robert L. Duane, AICP, of
HoleMontes, Inc., and Richard D. Yovanovich, Esquire, of Goodlette,
Coleman, & Johnson, P.A., is requesting a rezone from the Mobile Home,
Travel Trailer Recreational Vehicle Campground, and Heavy Commercial
Zoning Districts (MH, TTRVC & C-5) to the Commercial Planned Unit
Development District (CPUD) for a project to be known as the Naples
Motorcoach Resort CPUD. This project proposes to allow development of
up to 200 motorcoach lots as well as various amenities such as a boat ramp
and boat slips. The subject property, consisting of 23.2 acres, is located on
the southwest side of Tamiami Trail, East, approximately three quarters of a
mile east of Collier Boulevard (CR 951), in Section 3, Township 51 South,
Range 26 East, Collier County, Florida.
Ordinance 2007-85 Adopted w/stipulations - 5/0
Motion to accept donations - Approved - 5/0
C. CPSS-2007-l: Petition requesting a small scale amendment to the Future
Land Use Map Series of the Growth Management Plan, to show an increase
in acreage of9.95 acres for Activity Center number 13. The subject
properties, containing 9.95 acres, is located at the southwest corner of
Airport Pulling Road and J & C Boulevard, in Section II, Township 49
South, Range 25 East, Collier County, Florida.
Ordinance 2007-86 Adopted - 5/0 (Approving CCPC recommendations)
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December 11-12, 2007
D. This item to be heard at 1 :00 p.m. Recommendation that the Board of
County Commissioners consider adopting an Ordinance amending Chapter
74 of the Collier County Code of Laws and Ordinances, which is the Collier
County Consolidated Impact Fee Ordinance, establishing an impact fee
deferral program for approved participants in the Community Workforce
Housing Innovation Pilot Program (CWHIP) set forth in Section 420.5095
of the Florida Statutes. (This is a companion to Items 10M and 12C).
Ordinance 2007-84 Adopted w/stipulations - 5/0
E. Recommendation to approve a Compliance Agreement between the
Department of Community Affairs and Collier County, including
Petitioners-in-Intervention, setting forth proposed Remedial Amendments to
the Capital Improvement Element of the Growth Management Plan,
Ordinance 89-05, as amended.
Approved - 5/0
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDEX-2007-AR-
11485 (NG) Bryan W. Paul Family Limited Partnership, represented by D.
Wayne Arnold, AICP, ofQ. Grady Minor & Associates, P.A., is requesting a
two-year extension for the Orange Blossom Ranch PUD from November 16,
2007 to November 16,2009 in accordance with LDC Section
1O.02.13.D.5(a). The subject property consists of 616+/- acres and is located
on the north and south sides of Oil Well Road (CR-858) approximately I
mile east of Immokalee Road (CR-846) in Sections 13, 14 and 24, Township
48 South, Range 27 East, and Section 19, Township 48 South, Range 28
East, Collier County, Florida. (This is a companion to Item 101).
Resolution 2007-352 Adopted - 5/0
Moved from Item #17B
G. A Resolution by the Board of County Commissioners (BCC) of Collier
County, Florida, designating the parcels ofland associated with the
Crestview I and II affordable housing development as a Brownfield Area
within the Immokalee enterprise zone of Collier County for the purpose of
economic development and environmental rehabilitation; authorizing the
County Manager or his designee to notify the Department of Environmental
Protection of said designation; and providing for an effective date.
Resolution 2007-353 Adopted - 3/1 (Commissioner Halas opposed and
Commissioner Coyle out)
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December 11-12, 2007
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Historical/Archaeological Preservation
Board.
Motion to readvertise - Approved - 4/0 (Commissioner Coyle out)
B. Appointment of members to the Ochopee Fire Control District Advisory
Committee.
Resolution 2007-354: Appointing Joseph L. Dillon and John L. Pennell
and reappoint Collins - Adopted - 4/0 (Commissioner Coyle out)
C. Appointment of member to the Collier County Planning Commission.
Motion to readvertise Approved -5/0
D. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2007-355: Re-appointing Barbara F. Buehler and John Ribes
- Adopted - 5/0
E. The Annual Performance Appraisal of the County Attorney.
Lump sum payment of $15,224.04 Approved - 3/2 (Commissioner Halas
and Commissioner Henning opposed)
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board approve and authorize the Chairman to sign
a Right of Way Agreement for Underground Conversions with the Florida
Power & Light Company pertaining to the conversion of certain overhead
electric distribution facilities located within the Vanderbilt Beach Municipal
Service Taxing Unit (the MSTU) to Underground distribution and to
approve payment to Florida Power & Light Company in the amount of
$56,712.00 in order to obtain Engineering Estimate for project. (Diane
Flagg, ATM Director)
Resolution 2007-356 Adopted - 4/0 (Commissioner Henning out)
B. This item continued from the November 27, 2007 BCC Meetine:.
Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11 (Joseph K. Schmitt, Administrator, Community Development&
Environmental Services Division)
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December 11-12, 2007
Resolution 2007-357 Adopted - 4/1 (Commissioner Henning opposed)
December 12, 2007
C. Recommendation to award Contract 08-5008 - Lely Area Stormwater
Improvement Project (LASIP) Royal Wood Lake Interconnect to Mitchell &
Stark Construction Co., Inc. in the amount of$I,697,387 (Stormwater
Management Department Project #51101). (Jerry Kurtz, Principal Project
Manager and Gene Calvert, Director)
Approved - 5/0
December 12, 2007
D. To provide the Board of County Commissioners with the status of efforts to
resolve mineral rights issue, provide additional information update and to
make recommendation regarding the Starnes Agreement for Purchase in the
Conservation Collier Program. (Alex Sulecki, Senior Environmental
Specialist)
Approved - 3/2 (Commissioner Coyle and Commissioner Henning
opposed)
December 12, 2007
E. Recommendation to approve the purchase of Group Insurance excess
coverage and vendor services for calendar year 2008 in the amount of
$4,453,417. (Jeff Walker, Director, Risk Management)
Approved - 5/0
December 12, 2007
F. Recommendation to award Bid No. 07-4107 Sidewalk Replacement and
Installation of Roadway Lighting on Davis Boulevard (SR 84) between US
41 (Tamiami Trail) and Airport-Pulling Road to Quality Enterprises USA,
Inc. in the amount of $997,213.49. To also approve a transfer of$200,000
from Collier County Community Redevelopment Agency (CRA) and a
budget amendment to move the balance of funding needed, plus a
contingency for utility conflicts of $50,000.00, from project 601721 to
601761, for a total funding amount of $1,047,213.49. (This is a companion
item to l4A, which must be approved prior to consideration of this agenda
item). (Bob Tipton, Traffic Operations Director)
Resolution 2007-359 Adopted - 5/0
December 12, 2007
G. Recommendation to award and approve a contract for RFP-07-413I Design
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December 11-12, 2007
Services for Gordon River Greenway Park in the amount of $1 ,240,041.00
to Kimley-Horn and Associates, Inc. and approve the necessary budget
amendment. (Amanda Townsend, Public Services; Margaret Bishop,
Transportation/Stormwater Management; Gene Calvert,
Transportation/S tormwater Management)
Approved - 5/0
H. Recommendation to approve the Collier County Floodplain Management
Plan 2008 for inclusion as Section 7 of the Collier County Hazard Mitigation
Plan. (Robert Wiley, P.E.,C.F.M., Principal Project Manager, Engineering
and Environment Services Department, CDES Division)
Resolution 2007-351 Adopted - 5/0
I. Recommendation to approve a Developers Contribution Agreement (DCA)
between Pulte Home Corporation and The Bryan W. Paul Family Limited
Partnership (The Developers) and Collier County to grant a permanent non-
exclusive drainage easement and provide water quality treatment and
attenuation for stormwater run off for the future expansion of Oil Well Road.
(Companion to Item 8F) (Nick Casalanguida, Transportation Planning
Director)
Adopted - 5/0
December 12, 2007
J. Recommendation to Deny Approval ofa $452,984 Clerk Invoice for
Services Provided to the Board of County Commissioners during the Month
of October 2007. (Mike Smykowski, Director, Office of Management and
Budget)
Motion to Deny Approval - Approved - 5/0
K. Recommendation that the Board not proceed with the closing contemplated
pursuant to the Purchase Agreement for 2.5 acres of improved property,
approved by the Board on October 9, 2007, which is required for road right-
of-way for the Vanderbilt Beach Road Extension Project. Project No. 60168
(fiscal impact: Funds in the amount of $420,000.00 plus $10,000.00 in costs
not expended at this time.) (Jay Ahmad, Transportation/ECM Director and
Kevin Hendricks, ROW Acquisition Manager)
Approved - 5/0
L. Recommendation to approve the FY 2007-08 agreement between Collier
County Board of Commissioners and the David Lawrence Mental Health
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December 11-12, 2007
Center, Inc. in the amount of$I,101,120 and authorize the Chairman to sign.
(Marla Ramsey, Administrator, Public Services)
Approved - 5/0
M. Recommendation that the Board of County Commissioners approves, and
authorizes its Chairman to sign, a Resolution amending the State Housing
Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for
Fiscal Years 2007-2008, 2008-2009 and 2009-2010, to allow SHIP Purchase
Assistance when funds are allocated to a development that has been awarded
funds under the Community Workforce Housing Innovation Pilot Program
(CWHIP). (This is a companion to Item 8D and Item 12C). (Marla Ramsey,
Administrator, Public Services)
Resolution 2007-349 Adopted - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
Continue report on section regarding Olde Cypress PUD to the 1/15/08 BCC
Meeting
A. This item to be heard at 11 :00 a.m. Investigative Report by Outside
Counsel, Lawrence A. Farese, Esq. of the firm Robins, Kaplan, Miller &
Ciresi L.L.P., to the Board of County Commissioners Regarding the
Richland PUD (Pebblebrook)/Olde Cypress PUD.
Motion to direct County Attorney's Office to meet with the parties
involved (applicant, developer and neighbors) to discuss possible
solutions and prepare a Scrivener's Error for the Richland PUD
(Pebblebrook) Approved - 4/1 (Commissioner Halas opposed)
B. Recommendation, pursuant to Collier County Resolution No. 95-632, that
the Board of County Commissioners authorize the Office of the County
Attorney and the Risk Management Department to retain outside counsel to
represent individual county employees regarding James and Sherry Marshall
vs. Collier County; Jess-(Per Executive Summary) Jeff Letoumeau and
Michelle Arnold, Case No. 07-4455-CA, in the Circuit Court for the
Twentieth Judicial Circuit in and for Collier, County, Florida, and waive the
purchasing policy to the extent it applies to the selection of outside counsel.
Approved - 5/0
C. Recommendation that the Board of County Commissioners of Collier
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December 11-12, 2007
County, Florida, adopt a Resolution recommending MDG Capital
Corporation and the Essential Services Personnel Housing Coalition of
Collier County (ESP) as the Collier County applicant for Representative
Mike Davis' Community Workforce Housing Innovation Pilot Program
(CWHIP) for the 2008 application cycle. (Companion to Item 10M and 8D)
Resolution 2007-350 Adopted - 5/0
D. Recommendation that the Board of County Commissioners accepts payment
in the amount of$2,907.50 in exchange for a Release and Satisfaction of
Lien in the Code Enforcement action entitled Collier County v. Robert T.
Lockhart, Case No. CEB 2004-026.
Denied 1/4 (Commissioners Coyle, Halas, Coletta and Fiala opposed)
13. OTHER CONSTITUTIONAL OFFICERS
December 12,2007
A. To obtain Board approval for disbursements for the period of November 17,
2007 through November 23, 2007 and for submission into the official
records of the Board.
Motion to accept disbursements except the 2.2 million to the Clerk as
requested by County Manager Mudd - Approved 4/1 (Commissioner
Henning opposed)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
December 12, 2007
A. Recommendation for the Community Redevelopment Agency to approve a
CRA Resolution to support the Collier County Local Agency Program
(LAP) Agreement to undertake a roadway lighting project on State Road 84
(Davis Blvd) in the Gateway Triangle Area; to approve a monetary
contribution of not to exceed $200,000 from the Bayshore Gateway Triangle
CRA Fund 187 to Gas Tax Project No. 601721 to assist in funding the
roadway improvement; and approve all necessary budget amendments.
(Companion to Item 10F must be approved prior to 10F)
CRA Resolution 2007-358 Adopted - 5/0
December 12, 2007
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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December 11-12, 2007
A. Mudd - Issues with DCA's on two properties - Motion to delay
penalties - Approved 5/0
B. Mudd - Chris Stranton presentation regarding Property Tax
Referendum - Direct the County Manager to inform Ms. Stranton that
the board can not accommodate her at the January 15, 2007 BCC
Meeting
C. Mr. Weigel- Pebblebrooke meeting today regarding errors.
D. Mr. Weigel- Starnes property and agreement
E. Commissioner Henning - change of venue at the library for Ted Parcell
and the PC Bug Organization
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facility for The Majors, Phase One.
W/release of any Utility Performance Security
2) Request approval by the Board of County Commissioners for a
Special Land Development Code (LDC) amendment cycle for the
2008 calendar year to address an urgent amendment to the Land
Development Code specifically addressing Section 1.04.04, Reduction
of Required Site Design Requirements to address the severing of
Transfer of Development Rights (TDR) related to lands identified for
a Transportation right-of-way.
For the land acquisition with Florida Rock for a haul road within
the future Wilson Blvd Extension
3) To accept final and unconditional conveyance of the water utility
facility for Jaegar Road Warehouse Condos.
W/release of any Utility Performance Security
4) To accept final and unconditional conveyance of the water utility
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December 11-12, 2007
facility for Cedar Hammock, Tract F-4.
W/release of any Utility Performance Security
5) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
Cost for recording is $10.00 per release, totaling $460.00
6) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra, Parcel 100.
W/release of any Utility Performance Security
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Tuscany Cove Sales and Model Center.
W/release of any Utility Performance Security
8) Recommendation to approve final acceptance of the water and sewer
utility facility for Tuscany Cove Temporary Construction and
Administration Facility.
W/release of any Utility Performance Security
9) Recommendation to approve final acceptance of the water and sewer
utility facilities for Tuscany Cove.
W/release of any Utility Performance Security
10) Recommendation to Board of County Commissioners to authorize the
preparation of a strategic operational plan for the Immokalee Local
Redevelopment Advisory Board. (Companion item to item 16G3 to be
considered following action on 16G3)(Thomas Greenwood, Principal
Planner, Comprehensive Planning Department, Community
Development & Environmental Services Division)
To retain the services of Guardian Community Resource
Management, Inc. at a cost not to exceed $2,000 to implement the
goals, objectives and policies at a workshop on December 19, 2007
11) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Capri Commercial Center No.
2.
Developer must receive a Certificate of Adequate Public Facilities
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December 11-12, 2007
prior to final approval letter
B. TRANSPORTATION SERVICES
1) Recommendation to approve the Memorandum of Agreement (MOA)
between the Florida Commission for Transportation Disadvantaged
(CTD) and the Collier County Board of County Commissioners
(BCC).
BCC will continue in its designated role as Community
Transportation Coordinators for Collier County
2) Recommendation to rescind award of Bid 08-5001 to Commercial
Fence Contractors, Inc. for $60,073.52 and award it to USA Steel
Fence, Inc. in the amount of$77,352.60.
Commercial Fence Contractors, Inc. is unable to install the fence
at Queens Park in accordance with the specifications of the bid
3) Recommendation to accept a Quitclaim Deed from Lennar Homes,
LLC, to lands dedicated to the County as a public right-of-way.
(Fiscal impact: $18.50) Project #60018.
Located in Heritage Bay
4) Recommendation to award Bid #08-5004 Radio Road Phase I
Landscape Irrigation Project - to Hannula Landscaping, Inc. in the
amount of $464,434.62.
5) Recommendation to award Work Order # PBS-FT-3987-08-0l under
Collier County Contract number 06-3987 for Fixed Term Professional
Construction, Engineering and Inspection (CEI) Services for the
Freedom Park in the amount of $458,904.00 to PBS&J, Inc.
For the construction of Freedom Park (Gordon River Water
Quality Park)
6) Recommendation to approve an agreement between Collier County
and Ibis Club for a sewer service interconnection from the Collier
County CAT operations facility into the Ibis Club sewer system.
As detailed in the Executive Summary
7) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners to execute the attached
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December 11-12, 2007
Federal Transit Administration Section 5310 grant application and
applicable document, and to accept the grant if awarded.
Resolution 2007-343
8) Recommendation to reject all bids received under Bid #08-4196
Cleaning & Documentation of Storm Drains.
All bidders did not submit all required documents and bid prices
were inconsistent
9) Recommendation to authorize the Chairman of the Board of County
Commissioners to sign an easement instrument with the Florida
Department of Environmental Protection (FDEP), for the installation
and maintenance of prefabricated pedestrian bridges crossing the
Cocohatchee River and one of its tributaries on the west side of
Vanderbilt Drive within the existing right-of-way.
An easement for work is a condition of permit requirements
10) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners to execute the attached
Federal Transit Administration Section 5311 grant application and
applicable document, and to accept the grant if awarded.
Resolution 2007-344
11) Recommendation to approve and execute a contract amendment
between Collier County and the Commission for the Transportation
Disadvantaged for funding in the amount of $264,20 I for the
provision of transportation for qualified Medicaid recipients.
Resolution 2007-345
12) Recommendation to approve the purchase of improved property
(Parcel No. 133) which is required for the construction of the
Vanderbilt Beach Road Extension project. Project No. 60168 (Fiscal
Impact: $728,655)
Subject property contains 3.67 acres with a single family home at
the end of 27th Street NW on the Cypress Canal
C. PUBLIC UTILITIES
1) Recommendation to Authorize submission of Amendment One (I) To
The State Revolving Fund Loan Agreement (DW 1111 020) through
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December 11-12, 2007
The Florida Department Of Environmental Protection (FDEP) for
Lower Hawthorn Wells 18N, 19N, and 20N, Project #71006.
As detailed in the Executive Summary
2) Approve A Resolution Authorizing The Declaration of Official Intent
for the North County Water Reclamation Facility (NCWRF)
Expansion To 24.1 MGD; Solid Stream Project 739502. The
Approval of this Resolution Will Allow the Florida Department of
Environmental Protection (FDEP) To Reimburse the County Using
Notes and Bond Proceeds in the amount of$I,708,505.
Resolution 2007-346
3) Award annual contract for Utilities/Facilities electrical component
testing pursuant to RFP#07-4156 in the estimated amount of
$200,000.
Awarded to Circuit Breakers Sales, Inc. and Industrial Electric
Testing, Inc.
4) Recommendation to approve Contract 07-4116 to Optellios,
Incorporated, for $458,820, for perimeter security systems at the
North and South Regional Water Treatment Plants as well as future
Water Department facilities, Project Numbers 710091 and 710092.
Providing comprehensive surveillance adds to the assurance of
continuous monitoring and quicker response to potential security
breaches at critical drinking water facilities
5) Award Contract 05-3870 to MWH Constructors Inc. for Construction
Management-at-Risk services for construction of the Northeast
Facilities, and approve preconstruction phase services in a total not-to-
exceed amount of$850,000, Projects 70902, 73156, 70899.
As detailed in the Executive Summary
D. PUBLIC SERVICES
1) Recommendation to authorize the Chairman to sign the Declaration of
Restrictions for East Naples Community Park Senior Center Addition
as required by the United States Department of Housing and Urban
Development Community Development Block Grant (CDBG)
Program.
The time period for these restrictions is for a period of (20) twenty
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December 11-12, 2007
years
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Norge Del
Sol and Doraisy Del Sol (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 128, Trail Ridge.
Deferring $19,372.52 in impact fees
3) Recommendation to approve a budget amendment in the amount of
$886,000 to ensure continuous funding of the Older Americans Act
grant.
For Housing and Human Services Department to assume
operation of nutrition programs in Naples and Immokalee for FY
08
4) Recommendation that the Board of County Commissioners authorize
the Chairman to sign an agreement in the amount of$223,802 with
Collier Health Services, Inc. (CHSI) and the Agency for Health Care
Administration (AHCA) to participate in the Low Income Pool
Program. Participation in this program will generate an additional
$294,619 in Federal matching funds to be paid directly to CHSI for
services for the most medically needy in Collier County.
For expansion of CHSI comprehensive primary health care
services at Horizons Primary Care Center and other sites, for the
period July 1, 2007 through June 30, 2008
5) Recommendation to approve a request for permission to apply for a
Historic Preservation Grant in an amount not to exceed $50,000 for
design services related to Mar-Good Harbor Park.
Located at 321 Pear Tree Street in Goodland
6) Recommendation to approve the Community Libraries in Caring
Program Grant Agreement to the Florida Department of State, State
Library and Archives of Florida for an Immokalee Library Homework
Help Grant, in the amount of $9,292, and approve needed budget
amendments.
Funds to be used to subscribe to an on-line homework help service
called Tutor.com and to purchase additional computers
Page 17
December 11-12, 2007
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve an Agreement for Sale and Purchase
with Richard R. Berger, Trustee of the Robert K. Berger and Ruth A.
Berger Trust Agreement dated 5/14/99 for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
2) Recommendation to approve an Agreement for Sale and Purchase
with Ricardo Carnero and Maria Elena Carnero for 1.14 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
3) Recommendation to approve an Agreement for Sale and Purchase
with William J. Fognini as Trustee of the William J. Fognini
Revocable Trust Agreement dated 9/26/96 for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
4) Recommendation to approve an Agreement for Sale and Purchase
with James A. Haschker for 1.59 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $38, I 70.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
5) Recommendation to approve an Agreement for Sale and Purchase
with Vonda V. Hunt for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
6) Recommendation to approve an Agreement for Sale and Purchase
with Bernhard Langhart and Marlene R. Langhart for 1.14 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
Page 18
December 11-12, 2007
exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
7) Recommendation to approve an Agreement for Sale and Purchase
with Jane Bryan Lewis for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
8) Recommendation to approve an Agreement for Sale and Purchase
with Antonia Medina for 2.27 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $44,730.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
9) Recommendation to approve an Agreement for Sale and Purchase
with Guillermo Paz for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
10) Recommendation to approve an Agreement for Sale and Purchase
with Osvaldo Regalado for 1.14 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
11) Recommendation to approve an Agreement for Sale and Purchase
with Graciela Sanchez for 2.27 acres under the Conservation Collier
Land Acquisition Program, at a cost not to exceed $44,730.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
12) Recommendation to authorize the County Manager or his designee to
sign police affidavits against trespass activities that are inconsistent
with objectives identified in approved Conservation Collier Preserve
management plans.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
Page 19
December 11-12,2007
13) Recommendation to approve an Agreement for Sale and Purchase
with Ronald Frazier, James Frazier, Stephen Frazier, and Matthew
Frazier for 1.14 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
14) Recommendation to approve an Agreement for Sale and Purchase
with Brihaschand Mohabir and Sursatti Mohabir for 1.14 acres under
the Conservation Collier Land Acquisition Program, at a cost not to
exceed $27,820.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
15) Recommendation to approve an Agreement for Sale and Purchase
with David W. Crookall and Constance J. Crookall for 2.73 acres
under the Conservation Collier Land Acquisition Program, at a cost
not to exceed $53,470.
Located in Golden Gate Estates, part of the Winchester Head
Multi-parcel Project
16) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of October 25, 2007 through November 19, 2007
F. COUNTY MANAGER
1) Recommendation to approve Memorandums of Understanding
between Collier County and the following agencies; Guadalupe
Center and the Florida Alert Response Team.
To coordinate relief efforts at the time of a disaster
2) Approve budget amendments.
For the Ochopee Fire Control District to replace a brush truck
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
Withdrawn
Page 20
December 11-12,2007
1) To approve and execute a Site 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.
Subject property located at 3929 Bayshore Drive
2) To approve and execute Sweat Equity Grant Agreement(s) between
the Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area.
For a rental property located at 3408 Captain's Cove
3) Recommendation to the Community Redevelopment Agency to
authorize the preparation of a strategic operational plan for the
Immokalee Local Redevelopment Advisory Board. (Companion item
to item 16Al2 to be considered before item 16A12)
To retain the services of Guardian Community Resource
Management, Inc. at a cost not to exceed $2,000 to implement the
goals, objectives and policies at a workshop on December 19,2007
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the League of Women Voters Luncheon and participated as
a guest speaker at the Collier Athletic Club on Monday, November
19,2007. $20.00 to be paid from Commissioner Halas' travel budget.
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the big Cypress Basin Holiday Luncheon on Friday,
December 14, 2007, at the Big Cypress Basin office in Naples,
Florida. $10.00 to be paid from Commissioner Halas' travel budget.
Located at 6089 Janes Lane
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Urban Land Institute of SWF - Transportation:
Understanding Regional and Local Issues and Initiatives meeting on
November 29,2007. $35 to be paid from Commissioner Coletta's
Page 21
December 11-12, 2007
travel budget.
Held at the Colonial Country Club in Ft. Myers
4) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Citizen of the Year Banquet and participated as a guest
speaker at the Elks Club on November 15,2007. $35.00 to be paid
from Commissioner Coletta's travel budget.
5) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Leadership Collier Agriculture Day in Immokalee and
participated as a guest speaker at the Immokalee Ranch on November
29,2007. $9.00 to be paid from Commissioner Coletta's travel budget.
6) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Florida Engineering Society Calusa Chapter Dinner as a
guest speaker on January 31, 2008. $30.00 to be paid from
Commissioner Coletta's travel budget.
Held at the Strand Country Club
7) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Renewal of Leadership Collier
Foundation Alumni 2008 Dues. $100.00 to be paid from
Commissioner Coletta's travel budget.
8) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the Bill
Moss Farewell Luncheon on Wednesday, November 28,2007, at the
Hideaway Beach Club; $25.00 to be paid from Commissioner Fiala's
travel budget.
9) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will attend The
Greater Naples Better Government Committee Holiday Social on
December 18,2007, at Vergina's on 5th; $10.00 to be paid from
Commissioner Fiala's travel budget.
10) Commissioner Fiala requests Board approval for reimbursement for
Page 22
December 11-12, 2007
attending a function serving a valid public purpose. Attended The
Naples Historical Society Victorian Christmas Gala on December 7,
2007, at the Palm Cottage; $300 to be paid from Commissioner Fiala's
travel budget.
Located on Twelfth Avenue South, Olde Naples
11) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended The
Marco Island Chamber Christmas Gala on December, 9, 2007, at the
Island Country Club; $70.00 to be paid from Commissioner Fiala's
travel budget.
12) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Attended the
Friends of the Museum of the Everglades Annual Members Luncheon
on December 3, 2007, at the Everglades Museum; $10.00 to be paid
from Commissioner Fiala's travel budget.
13) Recommendation to adopt a Resolution superseding and replacing
Resolution 2006-287 in order to reappoint Collier County
Commissioner James Coletta to another term on the Southwest
Florida Expressway Authority to commence on February 16, 2008
through and including February 15,2010.
Resolution 2007-347
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation that the BOCC accept the report of interest for the
fiscal year ending September 30, 2007 pursuant to the Florida Statute
218.78 and Purchasing Policy XIE. For the fiscal year ending
September 30, 2007 no interest was paid pursuant to Florida Statute
218.78.
2) To obtain Board approval for disbursements for the period of
November 24, 2007 through November 30, 2007 and for submission
into the official records of the Board.
Page 23
December 11-12, 2007
K. COUNTY ATTORNEY
1) Recommendation to approve the Stipulated Order of Taking and Final
Judgment for Parcel 183RDUE and 183TDRE in the lawsuit styled
Collier County v. Jorge B. Echezarraga, etal., Case No. 07-3278-CA
(Oil Well Road Project No. 60044). (Fiscal Impact $100,232.00)
For a 70 foot wide strip of right-of-way needed for the project
2) Recommendation to approve the Stipulated Order of Taking and Final
Judgment for Parcel I 73RDUE in the lawsuit styled Collier County v.
Jorge Romero, etal., Case No. 07-2681-CA (Oil Well Road Project
No. 60044). (Fiscal Impact $110,150.00)
For a 70 foot wide strip of right-of-way needed for the project
3) Recommendation to approve a Stipulated Final Judgment for the
taking of Parcel No. 131 in the lawsuit styled Collier County v.
Charles R. Keller, et aI., Case No. 06-0876-CA (County Barn Road
Project No. 60101). (Positive Fiscal Impact of$29,500)
4) Recommendation to approve a Stipulated Order of Taking and Final
Judgment for Parcels 126FEE and 126TDRE in the lawsuit styled
Collier County v. Michael J. Crouch, et aI., Case No. 07-3691-CA
(Oil Well Road Project No. 60044). (Fiscal Impact $45,762.05)
5) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of$I13,378.00 for the acquisition of Parcel 115 in the lawsuit styled
Collier County v. David Lawrence Mental Health Center, Inc., et aI.,
Case No. 06-0567-CA (Santa Barbara Boulevard Project No. 62081).
(Fiscal Impact: $64,828.00)
6) Recommendation to approve the Stipulated Order of Taking and Final
Judgment for Parcel 169RDUE in the lawsuit styled Collier County v.
Jose Munoz, etal., Case No. 07-2823-CA (Oil Well Road Project No.
60044). (Fiscal Impact $59,694.35)
7) Recommendation to approve the Stipulated Order of Taking and Final
Judgment for ParceI213FEE in the lawsuit styled Collier County v.
Page 24
December 11-12, 2007
Jose Munoz, etal., Case No. 07-2823-CA (Oil Well Road Project No.
60044). (Fiscal Impact $85,150.00)
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 APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDEX-2007-AR-
12149 (JDM) Livingston Professional Center, L.L.C., represented by Robert
L. Duane, AICP, requests a two-year PUD Extension for the Hiwassee PUD.
The subject property is located on the west side of Livingston Road, south of
Pine Ridge Road, in Section 13, Township 49 South, Range 25 East of
Collier County, Florida.
Resolution 2007-348
Moved to Item #8G
B. A Resolution by the Board of County Commissioners (BCC) of Collier
County, Florida, designating the parcels ofland associated with the
Crestview I and II affordable housing development as a Brownfield Area
within the Immokalee enterprise zone of Collier County for the purpose of
economic development and environmental rehabilitation; authorizing the
County Manager or his designee to notify the Department of Environmental
Protection of said designation; and providing for an effective date.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383.
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December 11-12, 2007