Recap 04/08-09/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
April 8-9, 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
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."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
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April 8-9, 2008
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 IMP AIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Dr. Bob N. Wallace, Everglades Community Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. March 4,2008 - BCC/Affordable Housing Workshop
Approved as Presented - 5/0
C. March 6, 2008 - District I Town Hall Meeting
Approved as Presented - 5/0
D. March II, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
E. March 27,2008 - BCC/Congressman Connie Mack Meeting
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
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April 8-9, 2008
A. Advisory Committee Service Awards:
5- Year Recipients
1) Thomas Finn - Bayshore Beautification MSTU Advisory Committee
Not present
2) John Iaizzo - Pelican Bay Services Division Board
Not present
3) Patricia Spencer - Golden Gate Beautification Advisory Committee
Presented
10-Year Recipients
1) Bill Neal - Bayshore Beautification MSTU Advisory Committee
Not present
2) Karen Acquard - Golden Gate Estates Land Trust Committee
Not present
4. PROCLAMATIONS
A. Proclamation to recognize Every Day is Tag Day and to encourage pet
owners to participate in events related thereto in this community. To be
accepted by Amanda Townsend, Interim Director, Domestic Animal
Services and staff members.
Adopted - 5/0
B. Proclamation designating April 13-19, 2008 as National Crime Victims'
Rights Week. To be accepted by Angela Larson from the Collier County
Sheriff's Office, Betty Ardaya from the State Attorney's Office, Shaina
Hicks from Project Help and a representative from the Shelter for Abused
Women and Children.
Adopted - 5/0
C. Proclamation designating April 16, 2008 as National Start Walking Day, on
behalf of the American Heart Association. To be accepted by Al Reynolds.
Adopted - 5/0
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April 8-9, 2008
D.
E.
Added
F.
Proclamation initiating a campaign dedicated to preventing sexual
exploitation of children. To be accepted by Amelia Vasquez, Program
Manager from the local National Center for Missing and Exploited Children
(NCMEC).
Adopted - 5/0
Proclamation designating April 22, 2008 as Earth Day in Collier County. To
be accepted by Dan Rodriguez, Solid Waste Director; Joe Bellone, Revenue
Services Manager, Utility Billing and Customer Service; and Ray Smith,
Pollution Control Department Director.
Adopted - 5/0
Proclamation designating April 13-19, 2008 as "National
Telecommunicator's Week". To be accepted by Commander Bill Rule.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation to recognize Cathleen Feser, Urban Horticulture Agent, Collier
County University Extension, for being chosen as one of the University of
Florida's top Horticultural Educators.
Proclamation presented
B. Presentation on the status of the Santa Barbara Road Expansion Project. The
project requirements include the expansion and improvement of Santa
Barbara Blvd. from four (4) lanes to six (6) lanes for 4.25 miles and of Radio
Road from two (2) lanes to four (4) lanes for 1.22 miles. The scope of the
work includes bridge widening over Interstate 1-75 and Golden Gate Canal,
drainage improvements, utility relocations, noise abatement walls,
signalization and lighting enhancements, and landscaping improvements.
Presented
C. Presentation by Murray Hendel and Jack Nortman from the Holocaust
Museum of Southwest Florida.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Similien Ancelot to discuss Haitian Flag Day.
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April 8-9, 2008
Proclamation to be presented at the next BCC Meeting to promote the
Haitian Flag Day event
Continued to the April 22, 2008 BCC Meeting
B. Public petition request by James Walker to discuss impact fees for a
commercial site in Immokalee, FL.
C. Public petition request by Marcia Cravens to discuss renewal of 10-year
permit for Clam Bay Restoration & Management Plan.
Discussed
Item 7 and 8 to be heard no sooner than 1 :00 f).m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, an Ordinance amending Ordinance 91-65,
as amended, pertaining to the Affordable Housing Commission, codified in
Chapter 2, Article VII, Division 9, of the Code of Laws and Ordinances, by
amending the required composition and membership criteria of the
Affordable Housing Commission to be consistent with recent legislation
enacted by the Florida Legislature HB 1375; amending Section Eight, Duties
of Department Heads to correctly reference the Director of Housing and
Human Services.
Ordinance 2008-17 Adopted w/staff's recommendations - 4/1
(Commissioner Coletta opposed)
B. This item is to be continued to the Mav 13, 2008 BCC Meetine:. This
item reauires that all participants be sworn in and ex parte disclosure
be provided bv Commission members. PUDZ-A-2007-AR-II723: Amy
Turner and/or Tammy Turner Kipp, represented by D. Wayne Arnold,
AICP, Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich,
Goodlette, Coleman and Johnson, request a rezone from Planned Unit
Development (PUD) to Mixed Use Planned Unit Development (MPUD) for
the Vanderbilt Trust 1989 PUD, to allow a maximum of 80,000 square feet
of commercial land uses and a maximum of 200 assisted and independent
living facilities for persons over the age of 55 at a 0.6 floor area ratio. The
property is approximately 7.8 acres and is located on the north side of
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April 8-9, 2008
Vanderbilt Beach Road, approximately 1/4 mile east of Livingston Road,
Section 31, Township 48, and Range 26, Collier County, Florida.
C. Public Hearing for Petition CP-2006-1, a Growth Management Plan
amendment to the Immokalee Area Master Plan and Future Land Use Map
and Map Series (Transmittal Hearing)
Resolution 2008-99 transmitting amendment w/CCPC stipulations
and to include a DCA or agreement regarding the transportation
impact of the project - Adopted 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. This item to be heard on Wednesday, April 9, 2008 at 9:00 a.m.,
immediately followinl! a coffee reception at 8:00 a.m. in the BCC
Conference Room. Applicant interviews by Board of County
Commissioners for the 5 finalists for the County Attorney position.
1) Gary Glassman - Senior Assistant Attorney, City of Tampa
2) JeffKlatzkow - Chief Assistant Attorney, Collier County
3) Thomas Spencer - Managing Assistant County Attorney,
Pine lias County
4) John Turner - Assistant County Attorney, Lee County
DECISION OF THE BOARD OF COUNTY COMMISSIONERS
1) Motion for Ms. Sims and the staff of Waters-Oldani to work with
the BCC Office to create a contract and to offer the County
Attorney's position to Jeff Klatzkow - Approved 5/0
B. Appointment of members to the Historical! Archaeological Preservation
Board.
Resolution 2008-90: Appointing Craig R. Woodward - Adopted 5/0
C. Appointment of members to the Immokalee Master Plan and Visioning
Committee.
Resolution 2008-91: Appointing James Guerrero and Carrie Williams -
Adopted 5/0
D. Recommendation to declare a vacancy on the County Government
Productivity Committee.
Resolution 2008-92: Adopted - 5/0
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April 8-9, 2008
E. Appointment of members to the County Government Productivity
Committee.
Resolution 2008-93: Appointing James R. Gibson Jr. and Gina D.
Downs - Adopted 5/0
F. Appointment of members to the Tourist Development Council.
Resolution 2008-94: Reappointing Rick Medwedeff and Murray H.
Hendel and confirming the appointment of Councilman John F. Sorey
for the City of Naples and confirming the appointment of Councilman
Robert J. Popoff for the City of Marco Island - Adopted 5/0
G. Appointment of members to the Collier County Coastal Advisory
Committee.
Resolution 2008-95: Reappointment of Murray H. Hendel (City of
Naples) and Ted Forcht (Marco Island) - Adopted 5/0
H. Appointment of a member to the Forest Lakes Roadway & Drainage
Advisory Committee.
Resolution 2008-96: Reappointing George E. Fogg - Adopted 5/0
I. Reconsideration of Item #1 OG from the March 25, 2008 BCC Meeting with
reference to final approval of the roadway (private) and drainage
improvements for the final plat ofOlde Cypress Unit One (Olde Cypress
PUD). (Commissioner Henning request)
Motion to reconsider and bring back at the May 13, 2008 BCC Meeting
- Approved 5/0
10. COUNTY MANAGER'S REPORT
Continued to the 4/22/08 BCC Meeting
A. This item to be heard at 2:00 p.m. Recommendation that the Board of
County Commissioners reconsider the Land Development Code Amendment
addressing the calculation of the maximum number of wetslips when a
shoreline is in a Conservation Easement (William D. Lorenz, Engineering &
Environmental Services Director, CDES)
Motion to continue to the April 22, 2008 BCC Meeting - Approved 5/0
B. Obtain direction from the Board of County Commissioners on restricting the
use of remaining funds for deferral of Collier County impact fees for owner-
occupied affordable housing units for FY08. (Marcy Krumbine, Housing and
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April 8-9, 2008
Human Services Director)
Resolution 2008-97 Adopted - 5/0 (Option #4)
C. Recommendation to adopt a Resolution authorizing the borrowing of an
amount not to exceed $50,000,000 from the Pooled Commercial Paper Loan
Program of the Florida Local Government Finance Commission pursuant to
the loan agreement between the Board of County Commissioners and the
Commission in order to finance the construction of Oil Well Road, Collier
Boulevard (Davis to N ofGG Main Canal) & Davis Boulevard (Collier
Boulevard to Radio Road); authorizing the execution of a loan note or notes
to evidence such borrowing; agreeing to secure such loan note or notes with
a covenant to budget and appropriate legally available non-ad valorem
revenues as provided in the loan agreement; authorizing the execution and
delivery of such other documents as may be necessary to effect such
borrowing; and providing an effective date. (Norman Feder, Transportation
Services Administrator)
Resolution 2008-98 Adopted - 5/0
Moved from Item #16B12
D. Recommendation to approve a resolution designating a parcel ofland within
the Collier County Government Center campus for use as an intermodal
transit passenger transfer facility.
Resolution 2008-98A Adopted - 5/0
Moved from Item #16Fl
E. Recommendation to provide EMS staff direction to research and propose
amendments to Section 50-104 of the Code of Laws and Ordinances of
Collier County, Florida known as the Community Automated External
Defibrillator (AED) Ordinance.
Motion to approve w/EMS suggestions, advertise, draft an ordinance
and bring back at a future Bee Meeting - Approved 5/0
Moved from Item 16F4
F. Recommendation that the Board of County Commissioners approve an
lnterlocal Service Boundary Agreement with North Naples Fire Control
and Rescue District for purpose of providing services to that area annexed
into the City of Naples pursuant to Ordinance 07-11886, adopted
December 19,2007, by the City, comprised of approximately 204.73 acres,
located at 3880 Goodlette-Frank Road, requested by Hole in the Wall Golf
Club, Inc., a Florida not-far-profit corporation (204.19 acres), and Royal
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April 8-9, 2008
Poinciana Golf Club, Inc., a Florida not-for-profit corporation (.54
acres) .
Approved - 5/0
Moved from Item #16A14
G. To ensure the pending issuance of a permit to erect a new ground sign meets
with the intent of the Board of County Commissioners' actions on June 25,
2002 when they directed the County Manager to re-instate a sign permit for
an existing ground sign currently located at 7770 Preserve Lane which had
been previously revoked by staff.
Motion to not approve item due to variance already existing for a sign
to be anywhere on property as long as it is in compliance with code -
Approved 4/1 (Commissioner Halas opposed)
Motion to clarify motion - Approved 4/1 (Commissioner Halas opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Ken Thompson - problems on Becca Avenue
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd: April 15th BCC/GMP Meeting schedule
B. Jim Mudd: Letter from William Varian - Flood Plain Management
Committee
C. Jim Mudd: Input from Board regarding County Manager's attendance
during the April 9th County Attorney interviews
D. David Weigel: Closed Session Meeting held on April 22Rd @ 12:00 p.m.
concerning the lawsuit Bonita Media Enterprises vs. Collier County
E. Commissioner Coletta: Concern surrounding the Executive Manager/
BCC Office's Disciplinary Policy regarding employee appeals - possible
proposed fair treatment policy - to be brought back for consideration at
a future BCC Meeting - Consensus
F. Commissioner Fiala: Attendance at April 22, 2008 BCC Meeting-
would not be available on the morning of the April 23, 2008
G. Commissioner Henning: Changes to the Golden Gate Community
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April 8-9, 2008
Center Advisory Committee - proposed amendment tot Ordinance
H. Motion to recess meeting to April 9th, 2008 @ 8:00 a.m. in the BCC
Conference Room - Consensus
April 9, 2008
I. Commissioner Fiala - Motion for Productivity Committee to review
proposed legislature including sources of revenue - Approved 5/0
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted with Changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Olde Cypress Tract 9
W /release of the Utilities Performance Security
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Parcel 102.
W /release of the Utilities Performance Security
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra, Phase Three East - Unit One
W /release of the Utilities Performance Security
4) Recommendation to approve final acceptance of the water utility
facility for Mediterra, Parcel 125
W/release of the Utilities Performance Security
5) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Cedar Hammock with the
roadway and drainage improvements being privately maintained.
Resolution 2008-81 W /release of the maintenance security
6) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Page 10
April 8-9, 2008
Enforcement Action entitled Collier County v. Stpetim Ramku, Case
No. 2005120195
Folio #75020002204
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Stratford Place
(Whippoorwill Woods PUD), the roadway and drainage
improvements will be privately maintained.
Resolution 2008-82 W /release of the maintenance security
8) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 101 with
the roadway and drainage improvements being privately maintained.
Resolution 2008-83 W /release of the maintenance security
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 101 A
with the roadway and drainage improvements being privately
maintained.
Resolution 2008-84 W /release of the maintenance security
10) This item reauires that ex parte disclosure be provided by
Commission Members. Should a hearinl! be held on this item, all
participants are reauired to be sworn in. This is a recommendation
to approve for recording the final plat of Naples Motorcoach Resort,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security
W /stipulations
11) Recommendation that the Board of County Commissioners (BCC)
authorize the Chairman to sign the Release and Satisfaction of Lien
for a compromise and settlement of the code enforcement lien
amounts, in the Code Enforcement Board action entitled Collier
County v. Robert Lockhart, CEB Case No. 2004-26
Checks in the amount of $29,575 for the outstanding code
enforcement fines and $3,970.54 for Impact Fees were paid by the
Title Company
12) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 102 with
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April 8-9, 2008
the roadway and drainage improvements being privately maintained.
Resolution 2008-85 W/release of the maintenance security
13) Recommendation to have the Board of County Commissioners
approve project review and inspection fees based on actual time spent
reviewing and inspecting drawings for the emergency exit/access road
from 1-75 into the Big Cypress Preserve proposed by the Federal
Highway Administration.
The exit/access is for emergency vehicles in case of emergencies
and for fire-fighting at the north side of Interstate 75 at mile
marker 88, approximately 8.2 miles west of interchange SR 29
Moved to Item #10G
14) To ensure the pending issuance of a permit to erect a new ground sign
meets with the intent of the Board of County Commissioners' actions
on June 25, 2002 when they directed the County Manager to re-instate
a sign permit for an existing ground sign currently located at 7770
Preserve Lane which had been previously revoked by staff.
B. TRANSPORTATION SERVICES
1) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize carryforward in the amount of
$173,986.40 and to recognize additional revenue for the Collier
County Transportation Pathways Program in the amount of
$333,356.82 for Project No(s). 600501, 601202 and 690822.
2) Recommendation to adopt a Resolution of the Board of County
Commissioners of Collier County, Florida, authorizing a speed limit
reduction from forty-five miles per hour (45 mph) to forty miles per
hour (40 mph) on Northbrooke Drive for the section 200 feet north of
Millcreek Lane north to its terminus at Quail West development.
Resolution 2008-86
3) Recommendation to recognize and accept revenue for Collier Area
Transit in the amount of $9,264.05 and to approve needed budget
amendments.
For a bus shelter that was damaged in a vehicular accident
located at US 41 and 99th Street.
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April 8-9, 2008
4) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize revenue received for traffic
accidents in the amount of $33,871.23 and appropriate within each
fund center.
5) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize the transfer of funds from several
projects in the Collier County Transportation Pathways Program into
Project No. 690811 for the Collier County Transportation Pathways
Program in the amount of$I,015,643.81.
This project is for sidewalks, pathways and bike lanes
6) Recommendation to direct Staff to bring back an amendment to
Collier County Ordinance No. 97-82, as Amended, the Bayshore
Avalon Beautification Municipal Service Taxing Unit removing all
references to the word Avalon from the title of the MSTU and
throughout the Ordinance.
7) Recommendation to reject Bid No. 08-5016 On-Call Landscape and
Irrigation Services.
8) Recommendation to award Bid #08-5053 Goodlette-Frank Road (Pine
Ridge Road to Vanderbilt Beach Road) M.S.T.D Annual Maintenance
Contract to Caribbean Lawn & Garden of SW Naples FI, Inc. in the
amount of$61,638.75 (Fund III Cost Center 163860).
9) Recommendation to award Bid #08-5054 Golden Gate Blvd. Phase I
(951 to 29th Street SW), Phase 2 (29th Street SW to 13th Street SW)
and 13th Street SW (Chicane medians) Annual Maintenance Contract
to Renfroe & Jackson, Inc. in the amount of $1 02,470.25 (Fund III
Cost Center 163815).
10) Recommendation to approve a Purchase Agreement for the purchase
of 0.583 acres of unimproved property, required for the six-Ianing of
Davis Boulevard (Capital Improvement Element No. 33, Project No.
60073). Estimated fiscal impact: $125,000.00.
11) Recommendation to award Bid #08-5055 for the Purchase and
Delivery of Fertilizer to the Agriliance (dba ProSource One) and
Florikan ESA Corp for the annual fertilizer providers at an estimated
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April 8-9, 2008
annual expenditure of$200,000.00.
Moved to Item #10D
12) Recommendation to approve a resolution designating a parcel ofland
within the Collier County Government Center campus for use as an
intermodal transit passenger transfer facility.
13) Recommendation to approve an amendment to the Developers
Contribution Agreement (DCA) recorded in Official Records Book
4187, Page 2310, between Waterways Joint Venture VII (Developer)
and Collier County (County) to amend the closing date and define the
mitigation and severance terms due to the ongoing permitting delays
associated with the Davis Boulevard water management permit.
14) Approve the purchase of 2.5 acres of improved property (Parcel No.
1510) which is required for road right-of-way for the Vanderbilt
Beach Road Extension Project. Project No. 60168. ($400,800)
Phase 1 is between Collier Boulevard and Wilson; Phase 2 is
located between Wilson and DeSoto Boulevard
C. PUBLIC UTILITIES
1) Recommendation that staff be directed to advertise an amendment to
Ordinance 97-33 "Collier County Cross Connection Control
Ordinance".
For the testing of backflow assemblies, and to provide for the
installation, testing, repair and ownership of the assemblies
2) Recommendation to accept a Right of Entry required for access to
Master Pump Station 317 at a recording cost not to exceed $10.00,
Project #730841.
Located at the Links of Naples (Owned by Naples Golf
Development, LLC)
3) Recommendation to approve the acquisition of a 10-foot by 213-foot
Utility Easement located at 4737 Tamiami Trail East at an estimated
cost not to exceed $8,200, Project Number #730451.
Along US 41 East in the vicinity of Catalina Drive; Needed for the
relocation, construction and maintenance of wastewater and
irrigation quality water pipelines
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April 8-9, 2008
4) Recommendation to approve a Utility Easement required for Master
Pump Station #304 at East Naples Community Park at a recording
cost not to exceed $27.00, Project #739701.
To build a spill containment area
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Beatrice
Louimare and Lutherken Louimare (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot III, Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jonel
Senat and Micheline Senat (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 25, Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jean-
Jacques Seide and Marie Seide (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 48, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $12,442.46
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marie
Jouissance (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 179,
Trail Ridge, East Naples.
Impact Fee deferral in the amount of $12,442.46
5) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Roger
Bolivar and Lomene Bolivar (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 177, Trail Ridge, East Naples.
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April 8-9, 2008
Impact Fee deferral in the amount of $12,442.46
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Melissa
Scott (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 113, Liberty
Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ulrick
Liberus (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 56, Trail
Ridge, East Naples.
Impact Fee deferral in the amount of $12,442.46
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Sueko
Nakasone Holland (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 106, Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Marie
Marlene Rocher (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 37, Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
10) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jesumene
Jules (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 54, Trail
Ridge, East Naples.
Impact Fee deferral in the amount of $12,442.46
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Raye
Lloyd and Avril Carr (Owners) for deferral of 100% of Collier County
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April 8-9, 2008
impact fees for an owner-occupied affordable housing unit located at
Vista III at Heritage Bay, Unit 1406, North Naples.
Impact Fee deferral in the amount of $19,411.94
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Babett
Moser (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Vista III at
Heritage Bay, Unit 1401, North Naples.
Impact Fee deferral in the amount of $17,104.22
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Cidouane
Bazile and Edrine Andre (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 105, Liberty Landing, Immokalee.
Impact Fee deferral in the amount of $12,442.46
14) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Miss
Denie Charles and Jean Fortilus (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 55, Trail Ridge, East Naples.
Impact Fee deferral in the amount of $12,442.46
Motion to reconsider - Approved 5/0; Continue to April 22, 2008 BCC
Meeting - Approved 5/0
15) Recommendation to approve and execute a Lease Agreement with
Goodwill Industries of Southwest Florida, Inc. for space to
accommodate the Housing and Human Services Senior Nutrition
Program at the Roberts Center, located at 905 Roberts Avenue in
Immokalee for an annual cost of $12,000. The cost of this rental will
be paid from Older Americans Act grant funding.
For seniors to receive a nutritional meal, socialize and participate
in group activities and receive information on healthy lifestyles
and nutritional education
16) Recommendation to approve a request by the Marco Island Historical
Society to name in perpetuity the new County-owned museum to be
constructed on Marco Island as the Marco Island Historical Museum.
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April 8-9, 2008
Located on Section 16, Township 52, Range 26, Marco Beach Unit
7, Tract D, Marco Island
17) Recommendation that the Board of County Commissioners accept and
approve a Federally-Funded 2005 Supplemental Disaster Recovery
Subgrant Agreement with the Florida Department of Community
Affairs in the amount of $2,814,698.15, approve an associated budget
amendment to implement the Supplemental Disaster Recovery
Initiative programs, and adopt a Resolution authorizing the Chairman
to sign the Agreement and authorizing the County Manager or his
designee to submit required reports or other documents which are
solely ministerial in nature.
Resolution 2008-87
18) Recommendation to waive the formal bid process and authorize an
agreement with the Pepsi Cola Bottling Company of Naples for a
period of 18 months for beverage service for North Collier Regional
Park. ($45,000)
For concession at the following locations: Sun-N-Fun Lagoon, the
Soccer Complex and the Softball Complex
19) Provide 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.
20) Recommendation to approve a Budget Amendment moving $106,500
from the General Fund Appropriation for Property Insurance
Premiums to Library Operating Budgets in the Public Services
Division.
Elimination of 14 long-time, part-time Library Assistant positions
is planned to meet a budget target
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve change order No.2 to work order No.
PBS-FT-3971-07-16 with Professional Building Systems (PBS) for
the Primary Data Center project. ($5,762.70)
Due to changes in the suppression system design
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April 8-9, 2008
2) Recommendation to approve a Lease Agreement with Sub-Carrier
Communications, Inc., for antenna space needed for the County
SafePoint Location System, a component of the County's 800 MHz
public safety radio network, at a first years rent cost of$3,600.
3) Request for the Board to waive the competitive quotation process and
allow payments to Sunshine Pharmacy for prescription medication to
medicaJly needy clients in the Social Services Program for a total not
to exceed $50,000.
Most clients are frail elderly on fixed or little to no income and
chronically ill
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of February 22, 2008 through March 21, 2008
5) Recommendation to approve and execute documents necessary for the
conveyance to Florida Governmental Utility Authority of water and
wastewater utility facilities located at the Golden Gate Library, at a
cost not to exceed $200, Project #54261-1.
F. COUNTY MANAGER
Moved to Item #10E
1) Recommendation to provide EMS staff direction to research and
propose amendments to Section 50-104 of the Code of Laws and
Ordinances of CoJlier County, Florida known as the Community
Automated External Defibrillator (AED) Ordinance.
Would need to be advertised
2) Recommendation to approve Memorandum of Understanding for
emergency situations between Collier County and Farm Worker
Village
To provide a guideline and coordinate relief efforts at the time of
a disaster
3) Recommendation to accept an awarded Volunteer Fire Assistance
Matching (50/50) Grant from the Florida Division of Forestry for the
purchase of wildland firefighting equipment and protective clothing,
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April 8-9, 2008
and approval of necessary budget amendments. ($4,784)
For the Isles of Capri Fire Rescue Department
Moved to Item #10F
4) Recommendation that the Board of County Commissioners approve
an Interlocal Service Boundary Agreement with the North Naples Fire
Control and Rescue District for purposes of providing services to that
area annexed into the City of Naples (City) pursuant to Ordinance 07-
11886, adopted December 19,2007, by the City, comprised of
approximately 204.73 acres, located at 3880 Goodlette-Frank Road, as
requested by Hole in the Wall Golf Club, Inc., a Florida not-for-profit
corporation (204.19 acres), and Royal Poinciana Golf Club, Inc., a
Florida not-for-profit corporation (.54 acres).
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
revoke a Site Improvement Grant Agreement 04/2007 between the
CRA and Luis Fonseca and Idalia Alvarado due to applicants failure
to meet terms of the agreement. (Site address: 3095 Linwood Avenue)
CRA Resolution 2008-88
2) Recommendation for the Community Redevelopment Agency to
approve an Agreement with Florida Power and Light (FP&L) for the
installation and service of lights on existing power poles south of
Thomasson Drive along the Bayshore Drive corridor; authorize the
CRA chairman to execute the Agreement on behalf of the Board;
approve and authorize the CRA Executive Director to make payment
from the Bayshore Gateway Triangle CRA Fund 187 for the costs of
installation and associated monthly fees. (Fiscal Impact $10,250.00
over 10 years).
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose to attend the Glenn
Tucker Appreciation Reception Tuesday, March 25, 2008 at the
Marco Island Yacht Club. $25.00 to be paid from Commissioner
Fiala's travel budget.
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April 8-9, 2008
2) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She will be
attending the Naples Botanical Garden Grey Oaks Tour and Luncheon
Wednesday, May 14,2008 at the Naples Botanical Garden. $40.00 to
be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She attended the
East Naples Civic Association Luncheon Thursday, March 20, 2008 at
Carrabba's. $21.00 to be paid from Commissioner Fiala's travel
budget.
4) Commissioner Fiala requests Board approval for reimbursement for
attending a function serving a valid public purpose. She attended the
Riviera Ladies Luncheon Wednesday, March 19,2008 at the Riviera
Golf Estates Club House. $7.50 to be paid from Commissioner Fiala's
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscel1aneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of March
15, 2008 through March 21, 2008 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of March
22, 2008 through March 28, 2008 and for submission into the official
records of the Board.
3) Recommendation that the Board of County Commissioners recognize
the final disposition of funds collected under Ordinance 04-42 by the
Clerk of Courts to fund the Collier County Juvenile Assessment
Center Agreement with the David Lawrence Center.
K. COUNTY ATTORNEY
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April 8-9, 2008
1) Recommendation to reject the Offers of Judgment to the County in the
lawsuit styled CC v. Edward Stanely Sanditen, et aI., Case No. 02-
5165-CA (Immokalee Road Project No. 60018)
2) Recommendation to reject the Offer of Judgment to the County in the
lawsuit styled CC v. Charles R. Wilson, et aI., Case No. 02-5164-CA
(Immokalee Road Project No. 60018)
3) Recommendation to reject the Offer of Judgment to the County in the
lawsuit styled CC v. Juan Ramirez, et a!., Case No. 02-5166-CA
(Immokalee Road Project No. 60018)
4) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for an Agreed Order Awarding Costs
Relating to Parcel I 83RDUE in the Collier County v. Jorge B.
Echezarraga, et aI., Case No. 07-3278-CA, Oil Well Road Project
#60044. (Fiscal Impact: $5,350.00).
5) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for an Agreed Order Awarding Costs
Relating to Parcel I 69RDUE in the Collier County v. Jose Munoz, et
aI., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal
Impact: $4,050.00).
6) Recommendation to approve settlement from Defendant, D.N.
Higgins, Inc. and Dillard Smith, Construction Company, in the
lawsuit entitled BCC vs. Florida Power & Light Company, et aI., filed
in the Twentieth Judicial Circuit, Florida, Case No. 07-2683-CA, for
$13,500.
7) 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 $165,000.00 for the acquisition of Parcels I 08FEE and I 08TCE in
the Lawsuit styled Collier County, Florida v. Michael L. McEndree, et
aI., Case No. 07-4335-CA (Santa Barbara Boulevard Extension
Project #60091). (Fiscal Impact: $82,700.00)
8) 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
Page 22
April 8-9, 2008
of $260,350.00 for the acquisition of Parcels 107FEE, 107TCE and
109FEE in the Lawsuit styled Collier County, Florida v. Michael L.
McEndree, et aI., Case No. 07-4335-CA (Santa Barbara Boulevard
Extension Project #60091). (Fiscal Impact: $74,000.00)
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR 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 was continued from the March 25, 2008 BCC Meetinl!.
Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to Fiscal
Year 2007-08 Adopted Budget.
Resolution 2008-89
18. ADJOURN
Approved on April 9, 2008 - 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 8-9, 2008