Recap 02/26-27/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
February 26-27, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4 (arrived at 10:15 a.m.)
(absent on 2/27/08)
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."
Page 1
February 26-27, 2008
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 A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Chuck Cary, Moorings Presbyterian Church
Pledge of allegiance lead by Chief Don Peterson
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 - 4/0 (Commissioner Coyle
absent)
B. January 22, 2008 - BCC/LDC Meeting
Approved as Presented - 4/0 (Commissioner Coyle absent)
C. January 25,2008 - BCC/CRA Advisory Board Workshop
Approved as Presented - 4/0 (Commissioner Coyle absent)
D. January 29,2008 - BCC/Regular Meeting
Approved as Presented - 4/0 (Commissioner Coyle absent)
Page 2
February 26-27, 2008
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS
A. Proclamation recognizing the continued support for Drug Free Collier and
supporting "The Adolescent Mind and High Risk Behaviors" presentation
scheduled for Wednesday, February 27,2008 by Michael Nerney. To be
accepted by Maria Victoria Delgado of Drug Free Collier.
Adopted - 4/0 (Commissioner Coyle absent)
B. Proclamation to recognize Golden Gate Fire Chief Donald R. Peterson for
27 years of dedicated service to Collier County. To be accepted by Chief
Don Peterson.
Adopted - 4/0 (Commissioner Coyle absent)
C. Proclamation to offer our appreciation and thanks to the volunteer drivers,
office staff, and their families for their efforts in making the quality of life
better for the veterans in our community. To be accepted by Jim Elson,
President, Collier County Veterans Council and Don Peacock, Treasurer,
Collier County Veterans Council.
Adopted - 4/0 (Commissioner Coyle absent)
5. PRESENTATIONS
A. Construction briefing on six lanes of new roadway including new signals
and street lighting on Collier Boulevard from Golden Gate Boulevard to 7th
Ave North and from Mission Hills to Immokalee Road. Also includes bridge
improvements at Tree Farm Road and new roadway on Tree Farm Road. In
addition building a new multiuse pathway on the east side of the canal
parallel to Collier Boulevard from Vanderbilt Beach Road to Immokalee
Road.
Presented
B. This item to be heard at 1 :00 p.m. Presentation by the Collier County Fire
Chiefs' Association regarding the Consolidation Report.
Motion to have County Manager include all participants including EMS
and other independent parties in the discussions - Approved 5/0;
Motion that the Board ratify that if consolidation occurs EMS will be
included and will not be under control of County Government -
Approved 5/0
Page 3
February 26-27, 2008
C. Recommendation to recognize Mary-Jo Brock, Executive Secretary, County
Manager's Office, as Employee of the Month for January 2008.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Michael and Tammy McEndree to discuss the
Santa Barbara Extension Project and a sound barrier wall on the east side of
Polly Avenue.
Presented
B. Public petition request by Donald Kennedy to discuss clearing of Hurricane
Wilma debris from Rock Creek.
Chairman Henning to write letter to various agencies asking for
assistance - Consensus
C. Public petition request by Gregory Pellechia to discuss Johnnycake Drive
portion of the Willow West Stormwater Improvement Project #510776.
Presented
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2007-AR-11977
Big Corkscrew Island Fire Control Rescue District, represented by Robert L.
Duane, AICP, of Hole Montes, Inc., requesting a Conditional Use allowed in
the Estates (E) zoning district pursuant to Table 2, Section 2.04.03 of the
Land Development Code (LDC). The 6.5 acre (E) zoned site is proposed for
a Fire Station not to exceed 17,642 square feet. The subject site is located on
6.5 acres in the north east corner of Desoto Boulevard North and the
proposed 22nd Avenue N.E., Golden Gate Estates Unit 72, Section 28,
Township 48 South, Range 28 East, Collier County, Florida.
Resolution 2008-50 Adopted 5/0
B. This item has been continued from the February 12, 2008 BCC Meetine.
This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: V A-2006-AR-
Page 4
February 26-27, 2008
10092 Mohammed M. Rahman, represented by Stephen J. Fleming, P.E.,
requesting a before-the-fact variance from Section 5.05.05.B. of the LDC to
reduce the lot width along the north and south property line from the
required 150 feet to 135 feet, and to reduce the side yard setback along the
west property line from the required 40 feet to 25 feet to permit an
automobile service station. The subject property is located at 2393 Lake
Trafford Road, Section 32, Township 46 South, Range 29 East, Collier
County, Florida.
Resolution 2008-51 withe addition of "no loitering signs"
Adopted 4/1 (Commissioner Coyle opposed)
8. ADVERTISED PUBLIC HEARINGS
A. Request for the Board to consider a proposed amendment to section 1.04.04,
Reduction of Required Site Design Requirements, of the Collier County
Land Development Code as part of the Special Land Development Code
(LDC) amendment cycle for 2008 as previously approved by the Board.
Ordinance 2008-12
B. This item has been continued to the March 11,2008 Meetinl!. This item
requires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. Petition: PUDZ-2006-AR-1 0 171
Eastbourne Bonita, LLC, represented by Laura Spurgeon, of Johnson
Engineering, Inc., and Patrick G. White, Atty. of Porter, Wright, Morris &
Arthur, LLP., requesting a rezone from the Agricultural (A) and Special
Treatment (ST) Overlay Zoning District to the Residential Planned Unit
Development (RPUD) Zoning District for project known as Brandon RPUD,
for the development of 204 single-family and multi-family residential units.
The subject property, consisting of 51.1 acres, is located on the southeast
comer of the intersection of Livingston Road and Veterans Memorial
Boulevard, Section 13, Township 48 South, Range 25 East, Collier County,
Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. This item to be heard at 10:30 a.m. Presentation to the Board of County
Commissioners by Andrea Sims, Waters-Oldani Executive Recruitment, a
Division of the Waters Consulting Group, Inc. and consideration of the
recommended five finalists for the Collier County Attorney position.
Page 5
February 26-27, 2008
Motion to approve the selection of the 5 final candidates - Approved
5/0; Discussion regarding interviewing procedures and questions;
Interviews will be held on April 9, 2008
B. Appointment of member to the Pelican Bay Services Division Board.
Resolution 2008-47: Appointing Robert A. Pendergrass from the
"Resident" category w/term limits expiring on 3/31/10
Adopted 4/0 (Commissioner Coyle absent)
C. This item to be heard at 3:00 p.m. To provide information on the status of
the Southwest Florida Expressway Authority (SWFEA) activities and the
ongoing Toll Feasibility Studies for 1-75 and to take action to support or
deny the attached resolution. (Commissioner Coletta)
Motion to direct the County Attorney's Office to prepare a Resolution
to emphasize non-participation in the tolling of Lanes 5 and 6; look at
other options for moving traffic north and south and draft a budget
amendment for a maximum expenditure of $300,000 towards funding
the study - Approved 3/2 (Commissioner Halas and Commissioner
Coyle opposed)
D. Appointment of members to the Radio Road Beautification Advisory
Committee.
Resolution 2008-48: Re-appointing Dale L. Lewis (w/waiver of term
limit) and Betty R. Schudel - Adopted 4/0 (Commissioner Coyle absent)
E. Appointment of members to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2008-49: Re-appointing Bill L. Neal w/waiver of term limit
and Maurice Gutierrez( w/waiver of term limit) - Adopted 4/0
(Commissioner Coyle absent)
10. COUNTY MANAGER'S REPORT
A. Discussion on the history and application of the Land Development Code
regulations concerning the rear yard setback requirements for accessory
structures in the Golden Gate Estates Zoning District. (Susan M. Istenes,
AICP, Director, Zoning & Land Development, CDES)
Motion to approve Option No.3 on lawfully permitted structures;
County Attorney's Office to memorialize actions in a Resolution to be
Page 6
February 26-27, 2008
brought back at the next BCC Meeting - Approved 3/2
(Commissioner Henning and Commissioner Halas opposed)
Continued to March 11,2008 BCC Meeting
B. Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofOlde Cypress Unit One (Olde
Cypress PUD). The roadway and drainage improvements will be privately
maintained. (Stan Chrzanowski, Sr. Engineer, Engineering & Environmental
Services Department, CDES)
C. Recommendation that the Board of County Commissioners evaluate the
feasibility of a Rural Fringe Mixed-Use District Transfer of Development
Rights program applicant proposal relative to severance eligibility in relation
to the attainment of the Environmental Restoration & Maintenance and
Conveyance bonus credit to a CDD. (Joe Thompson, Senior Planner,
Comprehensive Planning Department, CDES)
To invite other governmental agencies to the March 25, 2008 BCC
Meeting to discuss options regarding TDR's
D. Recommendation that the Board of County Commissioners provide direction
to the County Attorney and the County Manager, or his designee, related to
desired changes to the Charitable Organization Impact Fee Deferral Program
(Amy Patterson, Impact Fee, EDC Manager, CDES)
Motion to accept Alternative Proposal No.2 - Approved 4/1
(Commissioner Coletta opposed)
February 27, 2008
E. Recommendation to adopt FY09 Budget Policy. (John Yonkosky, Director,
Office of Management and Budget)
General Fund Budeet Allocation: - Motion for a mileage rollback minus
2 % reduction in spending (only rollback for MSTU's) - Approved 4/0
(Commissioner Coyle absent);
MilIeaee Tareets - Approved 3/1 (Commissioner Henning opposed and
Commissioner Coyle absent);
Staffine: Motion on no new positions and maintain the hiring freeze on
vacancies - Approved 4/0 (Commissioner Coyle absent);
Health Care Proeram: Motion to continue employee health care cost
sharing (80/20) - Approved 4/0 (Commissioner Coyle absent) and to
strongly encourage the same with the Constitutional Officers;
Page 7
February 26-27, 2008
Compensation: Motion to approve compensation proposal of only a
COLA (4.2 %) allowance; no merit increases - Approved 4/0
(Commissioner Coyle absent);
Stormwater Capital Fundine - Approved 4/0 (Commissioner Coyle
absent);
Resolution 2008-52: Adopting Budget Submittal Date of May 1, 2008 for
the Sheriff's Dept. & the Supervisor of Elections Office - Adopted 4/0
(Commissioner Coyle absent);
Budeet Hearine Schedule - Approved 4/0 (Commissioner Coyle
absent);
Comparative Budeet Data - Approved 4/0 (Commissioner Coyle absent)
Contineencies -2.5 % - Approved 4/0 (Commissioner Coyle absent);
Accrued Salary Savines - Cost Center Level - Approved 4/0
(Commissioner Coyle absent);
Revenue Policies - Approved 4/0 (Commissioner Coyle absent);
Three-year Budeet Proiections - Ad Valorem Tax Funds - Approved
4/0 (Commissioner Coyle absent)
Time Certain at 5:00 p.m. - Approved 4/0 (Commissioner Coyle absent)
F. This item to be heard at 5:00 p.m. Recommendation to amend the FY08
Emergency Medical Services Department budget by reducing personnel,
operating and capital expenditures to offset anticipated ambulance fee
revenue shortfalls. (Jeff Page, EMS Chief)
Motion for a Budget Amendment to continue funding (from reserves)
EMS at current staff levels - Approved 4/0 (Commissioner Coyle
absent)
Moved from Item #16C3
February 27, 2008
G. Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development related review and
processing fees as provided for in Code of Laws Section 2-11 to include a
$1,000.00 fee to cover the cost of performing hydraulic modeling and
analysis necessary to ensure concurrency for water and wastewater services.
Resolution 2008-53 - Adopted w/changes 4/0 (Commissioner Coyle
absent)
Moved from Item #16E3
February 27, 2008
Page 8
February 26-27, 2008
H. Recommendation to approve a Resolution authorizing the Chairman of the
Board of County Commissioners, Collier County, Florida, to execute
Agreements, Deeds, and other documents required for the sale ofGAC Land
Trust property during the 2008 calendar year.
Resolution 2008-54 - Adopted w/stipulations 4/0 (Commissioner Coyle
absent)
February 27, 2008
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Ken Thompson - Code violation issues
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 4:00 p.m. Discussion regarding the Richland PUD
(Pebblebrooke)
Motion to seek legal action to close the bar areas at
Stevie Tomato's - Approved 4/1 (Commissioner Halas opposed)
Moved from Item #16K2
February 27, 2008
B. Recommendation that the Board approve and authorize the Chairman to
execute a continuing retention agreement for services on an "as needed"
basis with the law firm of Allen, Norton & Blue, P.A., to meet County
Purchasing Policy contract requirements.
Approved w/changes - 4/0 (Commissioner Coyle absent)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
February 27, 2008
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Mudd: Re: power outage February 26, 2008
B. County Manager Mudd: Budget concerns/challenges discussed
C. County Manager Mudd: Feedback on trip to Washington D.C. with
Commissioner Halas - Stressed Collier County's priorities to legislators
D. Jeff KIatzkow: Re: David Weigel's Contract - Motion for Chairman to
offer a written invitation to David Weigel to remain on as County
Page 9
February 26-27,2008
Attorney until the new candidate is selected - Approved 3/1
(Commissioner Halas opposed and Commissioner Coyle absent)
E. Commissioner Coletta: Illegal immigration services concerns
F. Commissioner Fiala: Note to County Manager to follow-up with
Greyhound Bus owners on the status of cleaning up property
G. Commissioner Halas: Washington trip - positive feedback
H. Chairman Henning: Relay for Life Balloon Sale
I. Chairman Henning: Olde Cypress variance issues; waiting for
interpretation from County Attorney's Office
J. Chairman Henning: Rental registration investigation report inquiry
K. Chairman Henning: Cell phone taxing policy - information to be
brought back to BCC
L. Sue Filson: Re: Animal Services Advisory Committee vacancy
M. Motion to Adjourn - 4/0 (Commissioner Coyle absent)
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with Changes - 4/0 (Commissioner Coyle absent)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request approval by the Board of County Commissioners for the
proposed schedule for the Land Development Code (LDC)
Amendment Cycle for 2008.
Wednesday, September 24, 2008 at 5:05 p.m. in BCC Chambers
2) Recommendation to approve final acceptance of the sewer utility
facility for Botanical Place.
W /release of Utilities Performance Security
3) To accept final and unconditional conveyance of the water utility
facility for Treviso Bay Temporary Sales Facility.
W/release of Utilities Performance Security
Page 10
February 26-27, 2008
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for VeronaWalk, Phase 3A.
W /release of Utilities Performance Security
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra, Parcel 106.
W/release of Utilities Performance Security
6) Recommendation to award Bid No. 08-4197 Nuisance Abatement
Services to Ecosystem Technologies, Inc. and Environmental
Mowing, Inc.
For lawn services and invasive plant removal and maintenance
for code violators
7) Recommendation to approve the Release and Satisfaction of Code
Enforcement Liens for payments received.
As Detailed in the Executive Summary - Recording Cost $650.00;
$10.00 per release of Lien
8) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Mediterra Parcel 125, Replat of
Lots 44 - 47.
9) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine be held on this item, all
participants are reQuired to be sworn in. Recommendation to
approve for recording the final plat of Alligator Alley Commerce
Center Phase One.
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 103 with
the roadway and drainage improvements being privately maintained.
Resolution 2008-42 W /release of Maintenance Security
11) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Classics Plantation Estates
Phase One, (Lely Resort PUD), the roadway and drainage
Page 11
February 26-27, 2008
improvements will be privately maintained.
Resolution 2008-43 W /release of Maintenance Security
Continued indefinitely
12) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Augusta at Pelican Marsh
(Pelican Marsh PUD) with the roadway and drainage improvements
being privately maintained.
B. TRANSPORTATION SERVICES
Continued to the March 11, 2008 BCC Meeting
1) Recommendation to award Bid #08-5016 On Call Landscape and
Irrigation Service by category to various vendors for an estimated
yearly cost of $500,000 (Fund Ill)
Commercial Land Maintenance, Hannula Landscaping, and Vila
& Son Landscape were awarded for on call landscape and
irrigation services
C. PUBLIC UTILITIES
I) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1991,
1995, and 1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $68.50 to record the Satisfactions of
Lien.
Resolution 2008-44
2) Recommendation to approve, execute and record a Satisfaction of a
Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal
impact is $10.00 to record the Satisfaction of Lien.
For Folio #31155007024
Moved to Item #10G
3) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development related review and
processing fees as provided for in Code of Laws Section 2-11 to
include a $1,000.00 fee to cover the cost of performing hydraulic
modeling and analysis necessary to ensure concurrency for water and
Page 12
February 26-27, 2008
wastewater services.
4) Approve a budget amendment to recognize funds provided by South
Florida Water Management District Grants in the amount of $450,000
and approve the necessary budget amendment for the Reclaimed
Water Aquifer Storage and Recovery Project #74030
Which is the first phase of this project, four additional wells are
planned to begin in 2011
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Margarita
Del Socorro Escobar (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 165, Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Esaie
Foreste and Lyla Foreste (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 161, Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Antoinette
Laguerre (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 163,
Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Antoine
Joseph and Saintherese Joseph (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 3, Block 14, Naples Manor Addition, East Naples.
Deferring $26,240.68 in Impact Fees
Page 13
February 26-27, 2008
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Danielle
Alexandre (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 162,
Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose J.
Rosas Arroyo and Maria E. Rosas (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 160, Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Gabince
Fanfan and Monique Willien (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 49, Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Zilana
Marc (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 51, Trail
Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Lunel
Napoleon (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 52, Trail
Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Vida
Trainie Baltazard (Owner) for deferral of 1 00% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Page 14
February 26-27, 2008
Lot 164, Trail Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jacqueline
Jules (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 142,
Independence II-A, Immokalee.
Deferring $19,274.83 in Impact Fees
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose Angel
Olvera and Nora Beatriz Olvera (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 19, Liberty Landing, Immokalee.
Deferring $12,442.52 in Impact Fees
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Islaine
Georges (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 50, Trail
Ridge, East Naples.
Deferring $19,372.46 in Impact Fees
14) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Minouche
Carilus (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 26,
Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairrnan to sign, a lien agreement with Samuel
Trejo and Rebecca Castro (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 27, Liberty Landing, lmmokalee.
Deferring $12,442.46 in Impact Fees
16) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Emmanuel
Page 15
February 26-27, 2008
Louimare (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 30,
Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
17) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Passiana
Belizaire (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 35,
Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
18) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jose
Penaloza Jasso and Aracely Penaloza (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 31, Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
19) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Miguel
Angel Gaspar Francisco (Owner) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 22, Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
20) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jean Vital
Astreide and Marie Astreide (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 10, Liberty Landing, Immokalee.
Deferring $12,442.52 in Impact Fees
21) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Freeman
and Freeman, Inc. (Developer) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 20, Block 29, New Market, Immokalee.
Deferring $19,305.88 in Impact Fees
Page 16
February 26-27, 2008
22) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Freeman
and Freeman, Inc. (Developer) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 18, Pine Grove, Immokalee.
Deferring $19,300.01 in Impact Fees
23) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Robert
Martinez and Juani Martinez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 34, Liberty Landing, Immokalee.
Deferring $12,442.46 in Impact Fees
24) Report to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY08.
25) Recommendation to cease implementation of the Collier County
Lethal Yellowing Disease Ordinance 2004-11 suppression program
due to funding constraints and lack of consistent evidence of program
need.
Advertise ordinance to be brought back to repeal Ordinance
2004-11
26) Request to approve the renewal of Contract #03-3445, Vanderbilt
Beach Concession with Day-Star Unlimited, Inc. d/b/a Cabana Dans.
For an additional five years
E. ADMINISTRATIVE SERVICES
1) Recommendation to award bid # 08-5013, Safety Equipment and
Supplies to a primary, secondary and tertiary vendor, based on the
lowest and most qualified bids.
The primairy vendor is Safety Products, Inc., the secondary is
Ritz Safety, LLC and the tertiary is Grainger
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February 26-27, 2008
2) Recommendation to approve two Second Amendments to Lease
Agreement with A&P Boole, LLC, for the continued use of the
maintenance garage and parking space on Arnold A venue for the
Sheriffs Office, at a combined annual rental of$92,248.80.
The lease is extended to March 1, 2009
Moved to Item #10H
3) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners, Collier County, Florida, to
execute Agreements, Deeds, and other documents required for the sale
ofGAC Land Trust property during the 2008 calendar year.
4) That the Board of County Commissioners award RFP No. 08-5012 for
Cellular Communications Services and Equipment to Sprint Solutions,
Inc. and further authorize the chairman to sign the standard County
Attorney approved contract. ($320,000)
F. COUNTY MANAGER
1) Recommendation to approve a Fifth Amendment To Lease Agreement
with Gulf Shore Associates, Limited Partnership, for the continued
use of office space by the Pelican Bay Services Division at a first
year's annual rent and Common Area Maintenance fees of$33,588.
Located at 801 Laurel Oak Drive, Suite 605; Pelican Bay Services
is requesting an additional three years with a three year extension
option on the lease that is due to expire on February 28, 2008
2) Recommendation to approve the submittal ofa Volunteer Fire
Assistance grant application from the Isles of Capri Fire District to the
Florida Division of Forestry for the purchase of wild land firefighting
equipment and protective clothing.
3) Recommendation to approve the submittal of a Volunteer Fire
Assistance grant application from the Ochopee Fire Rescue District to
the Florida Division of Forestry for the purchase of wild land
firefighting equipment and protective clothing.
As detailed in the Executive Summary (50/50 matching grant)
Page 18
February 26-27, 2008
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
approve an extension of Site Improvement Grant Agreement OS/2007
between the CRA and Phillip and Debra Pierce due to certain
construction and permitting delays. (3144 Pine Tree Drive.)
Extended to April 30, 2008
2) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment in the amount of
$44,500 to fund mitigation at Rookery Bay to meet South Florida
Water Management District and the Army Corps of Engineers
mitigation requirements for the South Taxiway construction permit at
Everglades Airpark.
The contractor is Environmental Quality, Inc. which is under
contract with Collier County Airport Authority
3) Recommendation that the Collier County Board of County
Commissioners accept additional funds from the Florida Department
of Transportation in the amount of $14,650 and provide a fifty percent
(50%) match in the amount of$14,650 for a total Budget Amendment
of $29,300 for security enhancements for the aviation fuel storage
tank system (fuel farm) at the Marco Island Executive Airport.
4) 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. (2500 Lee Street)
5) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. (3043 Cottage Grove Avenue)
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
for attending a function serving a valid public purpose. Attended the
Economic Development Council's VIP Breakfast Meeting at The
Page 19
February 26-27, 2008
Withdrawn
2)
Hilton Naples on Thursday, February 7,2008; $20.00 to be paid from
Commissioner Henning's travel budget.
Located at 5111 Tamiami Trail North
Commissioner Henning requests Board approval for reimbursement
for attending a function serving a valid public purpose. Is attending
The Marine Industries Association of Collier County Members
Meeting at the Elks Lodge on Tuesday, February 12th, 2008; $25.00
to be paid from Commissioner Henning's travel budget.
Located at 3950 Radio Road
3)
Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Economic Development Council of Collier County First
Member Investor Meeting and Mixer for 2008 on Thursday, February
28,2008, at the Naples Beach Hotel and Golf Club; $40.00 to be paid
from Commissioner Halas' travel budget.
Located at 851 Gulf Shore Boulevard North
4)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will be attending
the Celebrate the Naples Launch of DayJet on Wednesday, February
13,2008, at the Naples Municipal Airport; $7.50 to be paid from
Commissioner Fiala's travel budget.
Located at 580 Terminal Drive
5)
Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. Will be attending
the 2008 Women of Style Honorees on Friday, February 15,2008, at
the Naples Grande Resort & Club; $125.00 to be paid from
Commissioner Fiala's travel budget.
Located at 475 Seagate Drive
l. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
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February 26-27, 2008
1) To obtain Board approval for disbursements for the period of
February 2,2008 to February 8, 2008 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of
February 9, 2008 to February 15, 2008 and for submission into the
official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment for Parcel
Nos. 860 & 960 in the lawsuit styled CC v. J.s. Roath Corp., et aI,
Case No. 05-l093-CA (South County Regional Water Treatment
Wellfield Project #70892). (Fiscal Impact-- $114,900.00)
Moved to Item #12B
2) Recommendation that the Board approve and authorize the Chairman
to execute a continuing retention agreement for services on an "as
needed" basis with the law firm of Allen, Norton & Blue, P.A., to
meet County Purchasing Policy contract requirements.
3) Recommendation to approve a Stipulated Final Judgment in the
amount of $42,000.00 for Parcels l26FEE and I 26TDRE in the
lawsuit styled Collier County, Florida v. Michael J. Crouch, et al.,
Case No. 07-369l-CA (Oil Well Road Project No. 60044). (Fiscal
Impact $17,762.05)
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$2l5,000.00 for the acquisition of Parcels l13A, 813 and 913 in the
Lawsuit styled Collier County, Florida v. Delbert Ackerman, et al.,
Case No. 06-1 I 24-CA (County Barn Road Project #6010 I). (Fiscal
Impact: $99,919.00)
5) Recommendation that the Board review and approve an Affidavit and
Attorney Certification, as well as a Consent to certain mortgages
made by the Assignee, Light Tower Wireless, LLC, of a certain lease
heretofore entered into by the Board on April 13, 1999 by and
Page 21
February 26-27, 2008
between the County and Acme Towers, Inc.
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. Petition: CU-2007-AR-
12384, Enterprise Leasing Company d/b/a Enterprise Rent-a-Car, applicant
and owner, is requesting a Conditional Use pursuant to LDC Section 2.04.03
for a rental car agency within the General Commercial (C-4) Zoning
District. The subject property is located at 13560 Tamiami Trail North, Suite
8, in Section 15, Township 48 South, Range 25 East, Collier County,
Florida.
Resolution 2008-45
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: A VESMT-
2006-AR-10754, to disclaim, renounce and vacate the County's and the
Public's interest in a 25 foot wide drainage easement over the south and east
25 feet of the north of the northeast of the northwest of the southwest of
Section 24, Township 48 South, Range 25 East, Collier County, Florida, and
being more specifically described in Exhibit A and accept the replacement
drainage easement also shown on Exhibit A in place of the vacated
easement.
Resolution 2008-46
18. ADJOURN
Approved 4/0 (Commissioner Coyle absent)
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February 26-27, 2008
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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February 26-27, 2008