Recap 05/13/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
rJ'"....\ 1/,1'
"
'f"( """" ~
)/ "."
AGENDA
May 13, 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."
Page I
May 13, 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. INVOCA TION AND PLEDGE OF ALLEGIANCE
A. Pastor Bob Townsend, Mayflower Congregation
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 - 4/1 (Commissioner Coletta
opposed)
B. April 8, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
C. April 9, 2008 - BCC/County Attorney Applicant Interviews
Approved as Presented - 5/0
D. April 15, 2008 - BCC/Growth Management Plan Meeting
Approved as Presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
Page 2
May 13, 2008
A. Advisory Committee Service Awards
5-Year Recipients:
1) William Hughes - Environmental Advisory Council
Presented
2) Suzanne Bradach - Housing Finance Authority
Not present
10- Year Recipients:
3) Dr. Fay Biles - Water and Wastewater Authority
Presented
4. PROCLAMATIONS
A. Proclamation designating May 25,2008 as National Missing Children's Day.
To be accepted by Amelia Vasquez and Maribel Slabaugh from the National
Center for Missing & Exploited Children/Collier County.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
B. Proclamation recognizing May 4 - 10,2008 as Goodwill Industries Week.
To be accepted on behalf of Goodwill Industries of Southwest Florida by
President and CEO Tom Feurig, Vice President of Communications and
Development Carolyn Johnson, and Vice President of Retail Operations
Brian Itzkowitz.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
C. Proclamation designating May 18 - May 24, 2008 as National Association of
Insurance Women Week. To be accepted by Elizabeth M. Bellairs, AAI,
ACSR, CPIA, Client Advisor, Gulfshore Insurance, Inc.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
D. Proclamation to recognize Current and Future Leaders. To be accepted by
Leomene Aime, Magdonald Aime, Mercedes Contreras, Adelene Exceus,
Jose Villegas Galvan, Wilta Grefin, Elizabeth Hernandez, Gilberto Martinez,
Jose Luis Martinez, Jr., and Johny WiIIiamceau.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Page 3
May 13, 2008
I.
Add on
J.
E.
Proclamation to recognize May 18-24, 2008 as Collier County Emergency
Medical Services Week. To be accepted by Collier County Bureau of
Emergency Services Director Dan Summers.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
F.
Proclamation to recognize May 2008 as National Water Safety Month. To be
accepted by Recreation Supervisor-Sun N Fun Lagoon, Bradie Allen.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
G.
Proclamation to recognize May 12-16, 2008 as National Transportation
Week. To be accepted by Transportation Services Division Administrator
Norman Feder, Transportation Engineering and Construction Management
Department Director Jay Ahmad, Traffic Operations Department Director
Bob Tipton, Alternative Transportation Department Director Diane Flagg,
Road Maintenance Interim Director John Vliet, Transportation Planning
Department Director Nick Casalanguida, and Associate Professor of
Environmental and Civil Engineering, U.A. Whitaker School of Engineering
Cynthia Orndoff.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
H.
Proclamation to recognize May 18, 2008 as Haitian Flag Day. To be
accepted by Ancelot Similien, Coordinator and Director of La Perle TV of
Collier County.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Proclamation to recognize May 2008 as Older Americans Month. To be
accepted by the employees of Housing and Human Services Department
Services for Seniors Marcy Krumbine, Director; Bonnie Fauls, Case
Manager Supervisor; Carlton Bronson, Case Manager; Debbi Maxon, Case
Manager; Kelly Robinson, Case Manager; Leslie Weinreb, Case Manager;
Terri Daniels, Accounting Supervisor; Dory CariIIo, Accounting Technician.
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
Proclamation designating May 16,2008 as National Bike To Work Day and
the entire month of May, 2008, be designated as National Bike Month. To be
accepted by Nick Casalanguida, Director, Transportation Planning
Department; David Buchheit, Community Traffic Safety Team Chairman;
Russ Muller, American's with Disabilities Coordinator; Jerry Kurtz, Naples
Page 4
May 13, 2008
Area Triathletes member; Joe Bonness, Pathways Advisory Committee
Chairman; Allan Ryker, Naples, Pathways Coalition, (Staff's request.)
Adopted w/agenda approval - 4/1 (Commissioner Coletta opposed)
5. PRESENTATIONS
A. Presentation to Sheriff Don Hunter and the Collier County Sheriffs Office
for completing the United States Immigration and Customs Enforcement
cross-training program to improve immigration enforcement in Florida. To
be presented by Senator Burt Saunders.
Presented
B. Presentation by Senator Saunders to William Lascheid, M.D., and Nancy
Lascheid, R.N.; for their outstanding public service in making quality
medical care available to uninsured, low-income adults in Collier County by
establishing an exemplary volunteer-based neighborhood health clinic,
coordinating its services, and serving as volunteers.
Presented
C. The Collier County Emergency Medical Services Department has adopted
the PHOENIX A WARD to recognize those EMS Paramedics EMTs,
Firefighters and Sheriffs Deputies, who through their skills and knowledge,
have successfuIIy brought back to life individuals who had died.
Presented
D. Recommendation to recognize Eddie Chesser, Senior Equipment Operator,
Coastal Zone Management, as Employee of the Month for April 2008.
Presented
E. Presentation on the South Regional Library Construction Project by
Deangelis Diamond Construction, general contractor.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Billy Summers to discuss a dog attack
investigation.
Discussed
Page 5
May 13, 2008
B. Public petition request by Clay Brooker to discuss a temporary Certificate of
Occupancy for the Naples Nissan building located at Pine Ridge
Road/Whippoorwill Lane.
Motion for staff to issue a Temporary CO withe following conditions:
A bond for the full project of the intersection improvements; a
completion date no later than July 15, 2008; ifthe project is not
completed by that date there will be a fine of a $1,000 a day for each day
of delay; bring back employees affected - Approved 5/0
Withdrawn
C. Public petition request by Lucille Acken to discuss an Occupational License
for Unit Band C in the Promenade Parkway Building.
D. Public petition request by Aisling Swift to discuss privacy buffer at New
Hope Ministries.
Motion to continue indefinitely - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 n.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1:00 p.m. This item continued from the April
22, 2008 BCC Meetinl!. Recommendation that the Board of County
Commissioners consider adopting an Ordinance amending the Collier
County Consolidated Impact Fee Ordinance, which is Chapter 74 of the
Collier County Code of Laws and Ordinances, by incorporating the directed
changes to the Charitable Organization Impact Fee Deferral Program.
Ordinance 2008-23 Adopted w/changes 4/1 (Commissioner Coletta
opposed)
B. This item was continued from the April 8, 2008 BCC meetinl!. This item
requires 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 of
Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., request a
rezone from Planned Unit Development (PUD) to Community Facility
Planned Unit Development (CFPUD) for the Vanderbilt Trust 1989 PUD, to
Page 6
May 13, 2008
allow development of a maximum of 200 assisted living, continuing care
retirement community, nursing home, retirement community and/or
independent living facility units for persons over the age of 55, to be
developed at a 0.6 floor area ratio. The subject 7.8 acre property is located
on the north side of Vanderbilt Beach Road (CR 862), approximately 1/4
mile east of Livingston Road (CR 881) in Section 31, Township 48 South,
and Range 26 East, Collier County, Florida.
Ordinance 2008-24 Adopted 4/1 w/stipuIations & CCPC
recommendations(Commissioner Halas opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to declare a vacancy on the Habitat Conservation Plan Ad
Hoc Committee.
Resolution 2008-141 Adopted 5/0
B. Appointment of member to the Collier County Code Enforcement Board.
Resolution 2008-142: Appointing Lionel L'Esperance - Adopted 5/0
C. Appointment of member to the Contractors Licensing Board.
Resolution 2008-143: Appointing Terry Jerulle - Adopted 5/0
D. Appointment of members to the Animal Services Advisory Board.
Resolution 2008-144: Reappointing W. Thomas Kepp, Appointing
James Rich and Ruth Eisele - Adopted 5/0
E. Appointment of member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2008-145: Appointing William Gonnering - Adopted 5/0
F. Appointment of members to the Emergency Medical Services Advisory
Council.
Resolution 2008-146: Appointing James N. Hampton and confirming
the appointment of Robert Metzger as the Fire Chiefs representative _
Adopted w/stipulation that Mr. Metzger becomes a Collier County
resident - 5/0
G. Discussion regarding advisory boards' functions, powers and duties.
(Commissioner Tom Henning)
Page 7
May 13, 2008
Chairman to write to the advisory boards to have them review their
functions, powers and duties and to adhere to them - Approved 5/0
H. Request for the Board of County Commissioners to consider joint
participation of the CoIIier County Public Safety Coordinating Council with
other Public Safety Coordinating Councils in Lee, Charlotte, Hendry and
Glades counties for the purpose of joint grant applications to address public
safety concerns such as jail overcrowding. (Commissioner Fred Coyle)
Approved 4/0 (Commissioner Halas absent)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 4:00 p.m. A presentation to the Board of County
Commissioners regarding a conceptual plan to finance operating costs and
capacity recovery improvements on County roads having constraints due to
traffic signals serving non-public roadways and driveways by use of a user
fee for Convenience Signals, (Bob Tipton, Traffic Operations Director and
Norman Feder, Transportation Services Administrator)
Motion to reject any idea that taxpayers will pay for cost oftraffic
signals outside of the Developer's Contribution Agreement (DCA) and
staff given direction. Approved 4/1 (Commissioner Halas opposed)
B. This item to be heard at 11:00 a.m. Review the results from the recently
completed Vanderbilt Beach Recreational Pier public workshops and obtain
direction from the Board of County Commissioners on how to proceed.
(Gary McAlpin, Coastal Zone Management Director)
Motion to disapprove the proposed pier; statI to explore essential
service improvements w/public input; continue pursuing increase
carrying capacity for public access at Delnor Wiggins Pass Sate Park _
Approved 3/2 (Commissioner Halas and Commissioner Henning
opposed)
C. Recommend review and obtain approval of the recently completed proposed
Manatee Park Master Plan, obtain direction from the Board of County
Commission on how to proceed and approve a time and material, not-to-
exceed proposal to Corzo Castella Carballo Thompson Salman, P.A. (C3TS)
to develop a Design Criteria Package to be utilized for a design-build bid
package and solicitation. (Gary McAlpin, Coastal Zone Management
Director and Barry Williams, Parks and Recreation Director)
Approved w/deletion of the day care 4/1 (Commissioner Coyle opposed)
Page 8
May 13, 2008
D. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners approve a request from I HOPE, Inc., and authorize
the disbursement of$l 3,000.00 from the Marco Island Affordable Housing
Trust Fund, for payment of permitting and licensing fees related to the
installation of thirty six (36) FEMA trailers in the Immokalee area. (Marcy
Krumbine, Housing and Human Services Director)
Approved - 5/0
E. Recommendation for direction on the type, content and timing of reports the
Board of County Commissioners would like to receive from the Clerk of
Courts on the taxpayers investment portfolio. (John Y onkosky, Office of
Management and Budget Director)
Clerk to provide a quarterly report (currently available on Clerk's
website) via e-mail to the Commissioners
F. Authorization of a budget amendment which will establish appropriations to
pay the Clerk of Courts for the annual cost, incurred by the Clerk, associated
with the investing activity of the Boards investment portfolio. (John
Yonkosky, Office of Management and Budget Director)
Motion to approve $125,000 (investment manager salary mentioned at
March meeting) to the Clerk - Approved 5/0
G. Recommendation to award Bid #08-5035, Administration Building
(Building F) Generator Replacement to Southeastern Communication
Service, Inc., to provide for the replacement and instaIIation of a new
generator for Building F on the Main Government Complex in the amount of
$1,226,635, provide for advanced approval ofa 15% change order authority,
and authorize approval for the necessary budget amendments. (Damon
Gonzales, Facilities Management Manager)
Motion to approve with a 10% contingency - Approved 5/0
Moved from Item #16D9
H. Recommendation to approve and authorize the Chairman to sign a Florida
Fish and Wildlife Conservation Commission (FWC), Florida Boating
Improvement Program (FBIP) Grant Application for a Recreational Boating
Characterization Study to the Coastal Zone Management Department to be
awarded funds in the amount of $80,000.
Resolution 2008-147 Adopted w/staff direction 4/1 (Commissioner Halas
opposed)
Page 9
May 13, 2008
Moved from Item #16A14
I. Reconsideration of Item # I 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)
Resolution 2008-148 Adopted 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the County Attorney develop and advertise an
ordinance that repeals and replaces Ordinance No. 74-7 with an ordinance
prohibiting camping in the unincorporated areas of Collier County. (Jeff
Klatzkow, County Attorney)
Motion for County Attorney to work with Sheriffs Department to
address the homeless issue - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Mudd - Letter sent to Commissioner Fiala from a Brevard County
Commissioner looking for support to maintain the Space Program in
Florida; County Manager to bring researched item to next BCC
Meeting with a resolution.
B. Mr. Mudd - Collier County School Board Superintendent letter asking
for funds to be allocated from their capital fund to their operating fund
from ad valorum taxes as a referendum in August 2008
C. Mr. KIatzkow - Procedures in the County Attorney's Office regarding
agenda items & legal review & consideration
D. Commissioner Henning - Settlement Agreement w/Pebblebrooke: issues
may be settled with Stevie Tomatoes
E. Commissioner Henning - Challenge of Interpretation from an Attorney
regarding LDC Interpretation from Susan Istenes regarding setbacks
Page 10
May 13, 2008
from reserves. CAO will send letter in response & details of procedures
(June 25) possible date
F. Commissioner Fiala - Office Supplies from Corporate Express and
discounts not being given; Clerk's Office prepare report into the
amounts of money being spent and discounts not being given
G. Motion to adjourn - Approved 5/0
------------------------------------------------------------------------------------------------------------
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted with changes - 4/1 (Commissioner Coletta opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the sewer utility
facility for Collier Seminole State Park.
W /release of any Utilities performance Security (UPS)
2) Recommendation to approve final acceptance of the water utility
facility for Sabal Bay Commercial Plat, Phase 3,
W /release of any Utilities performance Security (UPS)
3) To accept final and unconditional conveyance of the water utility
facility for Vanderbilt Beachcomber Resort 3.
W /release of any Utilities performance Security (UPS)
4) Recommendation to approve final acceptance of the water utility
facility for Fiddler's Creek, Phase 3 Unit 2 - Stages I and 2.
W /release of any Utilities performance Security (UPS)
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fiddler's Creek, Phase 2A Unit 1.
W /release of any Utilities performance Security (UPS)
6) To accept final and unconditional conveyance of the water utility
facilities for Fiddler's Creek - Lake 88.
W /release of any Utilities performance Security (UPS)
Page 11
May 13, 2008
7) 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 Pelican Bay Unit Ten, Replat of
Sites 31 and 32.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
8) 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 Firenze at Tuscany Reserve.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of the construction plan final approval letter
9) To accept final and unconditional conveyance of the water utility
facility for Lemuria.
W /release of any Utilities performance Security (UPS)
10) A request to increase the scope of work of the Collier County Inter-
Active Growth Model (CIAGM) to allow for the CIAGM's land use
modeling to be utilized by AIM Engineering & Surveying, Inc., the
consultants for the Transportation Division.
For the East of County Road 951 Infrastructure and Services
Horizon Study
11) Recommendation that the Board of County Commissioners approve a
second extension ofthe required time frame for fee payment
assistance and job creation for Salazar Machine and Steel,
Incorporated, an approved participant in the Fee Payment Assistance
Program and the Job Creation Investment Program; direct staff to
allocate $50,500 in funding for FY 2008 for this applicant; and
specify this as the final time extension for meeting the program
requirements.
If the requirements are not met for this final extension, the
applicant will be removed from the programs
12) This item requires that ex parte disclosure be provided by
Commission members. Should a hearinl! be held on this item, all
Page 12
May 13, 2008
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Hatchers Preserve, approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
13) Recommendation to accept a Proposed Settlement Agreement
providing for Compromise and Release of Lien in the Code
Enforcement Action entitled Collier County v. Ernestina Sacca, CEB
No. 2005- 13, relating to property located at 2960 56th Avenue N.E.
Collier County, Florida.
The Respondent has paid 25% of lien value, the remaining
amount of $21,457.10 will be forgiven
Moved to Item #101
14) Reconsideration ofItem lOG 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)
Moved from Item #17E
15) This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUR-2008-A-
12955, Mining Venture, LLC" represented by R. Bruce Anderson of
Roetzel & Andress, is complying with condition number 3 of
Conditional Use Resolution 2007-274 for earth mining in the A-MHO
Agricultural zoning district, which requires a review of the
Conditional Use approval to determine whether additional stipulations
or mitigation are necessary. The subject property, consisting of2,576
acres, is located east ofImmokalee Road (CR-846), approximately 2
miles north of Oil Well Road (CR-858) in Sections 35 & 36,
Township 47 South, Range 27 East, and all of Sections I & 2,
Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846, Collier County, Florida,
Resolution 2008-128
B. TRANSPORTATION SERVICES
1) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize additional revenue for the PUD
Page 13
May 13, 2008
Monitoring / Traffic Counts Project within the Transportation
Supported Gas Tax Fund (313) in the amount of $110,259.00 for
Project No. 691242.
To be used for future installation of permanent count stations
2) Recommendation to award RFP #08-5045, Annual Contract for
Roadway Contractors to the following contractors: Apac Southeast,
Inc.; Better Roads, Inc.; Gustafson Construction Corp.; David Barron
Land Development, Inc.; and; Quality Enterprises USA, Inc.
(estimated annual amount $1,750,000).
For work required to modify left and right turn lanes, modify
median openings, provide intersection improvements and to
construct sidewalks
3) Approve a FY 2008 budget amendment recognizing $25,000 in
insurance proceeds received in CAT Transit Fund (426) during FY
2007.
4) Recommendation that the Board of County Commissioners approve
the Landscape Maintenance Agreement between Collier County,
Florida and Artesia Naples Community Development District for
landscaping within the right-of-way on Barefoot Williams and Tower
Roads.
Long term maintenance will be the responsibility of Artesia
Naples CDD
5) Recommendation to approve Work Order #BC-FT-3773-08-08 to
Bonness, Inc. for the Forest Lakes MSTU Bond Project - Phase One
Drainage Swales using the Annual Contract for Roadway Contractors,
Contract No. 05-3773, in the amount of$237,554.95.
To repair and re-grade the Quail Run Swale and install culverts
6) Recommendation to adopt a Resolution by the Board of County
Commissioners of Collier County authorizing a speed limit increase
from forty-five miles per hour (45 mph) to fifty miles per hour (50
mph) on Immokalee Road for the eastbound section from Collier
Boulevard to one-half mile west of Wilson Boulevard and for the
westbound section from Wilson Boulevard to one-half mile east of
Collier Boulevard.
Resolution 2008-129
Page 14
May 13, 2008
7) Recommendation to Approve a Stipulated Final Judgment in the
Amount of$1O,200.00 for the Acquisition of Parcel I 48RDUE in the
Lawsuit Styled Collier County, Florida v. John Goddard, et aI., Case
No. 07-3lll-CA (Oil Well Road Project #60044). Fiscal Impact:
$6,600.00)
Property located off Everglades Blvd
8) Recommendation for the Board of County Commissioners to approve
budget amendments to reallocate funding on projects within Capital
Road Funds. Project 60168 and 60091.
Funding is for the Santa Barbara Blvd Extension and Vanderbilt
Beach Road Extension projects
C. PUBLIC UTILITIES
1) Recommendation to reject proposals received under RFP 08-5038,
Automatic Meter Reading System.
The specifications provided for this RFP were too limited,
resulting in only 3 proposals being submitted
2) Recommendation to approve a Master Agreement for Demand Side
Management and Energy Efficiency Services with Florida Power &
Light Company (FP&L) for Public Utilities Division participation in a
guaranteed energy performance savings program at numerous major
facilities.
As detailed in the Executive Summary
3) Recommendation to approve the Agreement Regarding Alternative
Impact Fee Calculation between the Collier County Water-Sewer
District and the Tamiami Square of Naples, LLC.
Due to the underpayment of prior water/sewer impact fees for
property located at 14700 Tamiami Trail North
4) Recommendation to ratify the appointment of a representative and an
alternate of the Collier County Water-Sewer District to attend
meetings of the Lower West Coast Utility Council.
Resolution 2008-130: Appointing Paul Mattausch as
representative and G. George Yilmaz as alternate
Page 15
May 13, 2008
5) Recommendation to approve AshBritt Environmental Inc. (Contract
05-3661) and Solid Resources, Inc. (Contract 05-3831) as the initial
debris recovery team for Collier County's 2008 hurricane season
debris removal and monitoring contractors for operational readiness.
For an initial period of 4 years
6) Recommendation to approve a budget amendment to recognize
additional carry forward and expenditures in operating expenses,
capital outlay and reserve for contingencies in the Water Pollution
Control Fund (114) in the amount of$735,800.
Necessary to implement goals contained within both the
Conservation and Coastal Management Element and the Natural
Groundwater Aquifer Recharge Sub-Element of the GMP
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Erasmo
Martinez III and Teresa Ann Hinojosa (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 112, Liberty Landing, Immokalee.
Deferral in the amount of $12,442.46
2) Recommendation to award Bid No. 08-5057R, Pool Chemicals and
Supplies to Commercial Energy Specialists, Inc., The Dumont Co.,
Inc., HornerXpress-Gulf Coast, Inc., SCP Distributors, LLC and
NuC02 at an estimated cost of$183,800.
For the Parks and Rec Department's aquatic facilities
3) Recommendation to award Contract No. 08-5056, Roberts Ranch
Pioneer Museum Driveway and Site Work to FTA Holdings LLC dba
Ace Asphalt, for the construction and site work of a driveway and
sidewalk for the Church Building in the amount of$74,828.00.
Located in Immokalee
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Orriane
Louissaint (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Lot 43,
Page 16
May 13, 2008
Trail Ridge, East Naples.
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 Gene
Silguero and Jennifer Silguero (Owners) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at New Market Subdivision, Block 19, Lot 5, Immokalee.
Deferral in the amount of $23,351.64
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Fernando
Lago and Amelia Lago (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 46, Trail Ridge, East Naples.
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 Viergenie
Alliance and Dieumonfranc Alliance (Owners) for deferral of 100%
of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 47, Trail Ridge, East Naples.
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 Lennar
Homes LLC (Developer) for deferral of 100% of Collier County
impact fees for a 10 unit owner-occupied affordable multi-family
housing units located in a parcel of/and in Section 23, Township 48
South, Range 26 East Collier County, Tract E, Heritage Bay
Commons (9063 Gervais Circle), North Naples.
Deferral in the amount of $213,910.48 for Lennar Homes, LLC
Moved to Item #10H
9) Recommendation to approve and authorize the Chairman to sign a
Florida Fish and Wildlife Conservation Commission (FWC), Florida
Boating Improvement Program (FBIP) Grant Application for a
Recreational Boating Characterization Study to the Coastal Zone
Management Department to be awarded funds in the amount of
$80,000.
Page 17
May 13, 2008
10) Present 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.
As Detailed in the Executive Summary
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Carlos
Metz and Joyce Metz (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Vista III at Heritage Bay, Unit 1603, North Naples.
Deferral in the amount of $19,411.65
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ketty
Argote (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 178,
Trail Ridge, East Naples.
Deferral in the amount of $12,442.46
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ramon
Lopez Berovides and Florinda D. Perez Fernandez (Owners) for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing unit located at Lot 33, Trail Ridge, East Naples.
Deferral in the amount of $19,372.46
14) Recommendation to approve a Florida Fish and Wildlife Conservation
Commission (FWC), Florida Boating Improvement Program (FBIP)
Application for Bayview Park Boat Access Facility for the Coastal
Zone Management Department in the amount of $400,000.
Resolution 2008-131
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Nelson
Arteaga and Idalmis Perez (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
Page 18
May 13, 2008
located at Lot 35, Trail Ridge, East Naples.
Deferral in the amount of $19,372.46
16) Recommendation to Obtain Board Approval to Award Bid No. 08-
5034, "Tee Shirts" to North Coast Imagewear in the Amount of
$60,000.
Used mainly by Parks and Recreation, EMS and the Fire
Departments
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a budget amendment to move $7,100
from the Collier County General Fund Reserves to the Facilities
Maintenance Fund in order to fund invasive exotic plant management
within a County owned conservation easement.
For the removal of Brazilian Pepper Trees within the Lely
Barefoot Beach Development
2) Recommendation to approve a Statutory Deed between the Collier
County Transportation Division and the Conservation Collier Program
for approximately 12.5 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $65,000.
For the Gordon River Water Quality Park Project (Freedom
Park)
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of March 21, 2008 through April 23, 2008
4) Recommendation to confirm and consent to the re-assignment of
Contract 05-3827 "Temporary Laborers" from Tandem Staffing
Solutions, Inc. to Select Staffing Solutions Inc.
Select Staffing Solutions purchased Tandem Staffing Solutions on
October 1, 2007
5) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution #2004-15 for the second quarter of
FY08.
As detailed in the Executive Summary
Page 19
May 13, 2008
6) Recommendation that the Board of County Commissioners approve a
Resolution approving a policy for the acceptance ofland conveyances
by the Conservation Collier Land Acquisition Program in the Transfer
of Development Rights (TDR) Program for the Rural Fringe Mixed
use District (RFMUD).
Resolution 2008-132
F. COUNTY MANAGER
1) Recommendation to approve a Certificate of Public Convenience and
Necessity for the Collier County Emergency Medical Services
Department at a renewal rate for FY 08 of $250.00.
Annual renewal is required by Ordinance 81-75
2) Recommendation to approve the after-the-fact submittal of a Federal
Emergency Management Agency Assistance to Firefighters Grant in
the amount of $340,000 for the purchase of a Pumper Tanker for the
Ochopee Fire Control District.
To replace the existing 18 year old tanker
3) Recommendation to waive the formal competitive bid process;
approve the purchase of 40 heart monitors, along with associated
accessories and service agreements from Philips Medical Systems for
an estimated total of $729, 192.20; and to approve a budget
amendment for an intrafund transfer from capital to operating within
Fund 490 EMS to fund the lease payments for the balance of FY08 in
the amount of $54,041.90.
Needed to replace 35 monitors and purchase 5 additional, due to
the lifespan of the current 7 year old monitors
4) Recommendation to approve the after-the-fact submittal of a United
States Department ofInterior Rural Fire Assistance Grant application
in the amount of $11 ,460 for the purchase of equipment and protective
clothing for the Ochopee Fire Control District.
To provide an adequate supply of equipment, used in wild-land
fire fighting
5) Recommend approval of amendments to TDC Category Band C
Grant Agreements for FY 08 to remove the requirement for matching
Page 20
May 13, 2008
funds.
To change the language in the agreement from "matching funds"
to "dollar for dollar match"
6) Recommendation to approve the submittal of a US Department of
Homeland Security Citizen Corps/CERT Program Grant application
in the amount of$19,000.
To increase all-hazards emergency preparedness, planning,
mitigation, response and recovery
7) Recommendation to approve the submittal of a State Emergency
Response Team subgrant for the Department of Homeland Security
(DHS) and the State of Florida Division of Emergency Management
to establish a Citizens Emergency Response Team (CERT) Program
for the Town of Ave Maria in the amount of$17,977.
To enhance emergency services in this community
8) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-133
9) Recommendation for approval of a budget amendment that reduces
certain Fiscal Year 2008 capital project budgets and appropriates
certain Fiscal Year 2007 capital grant project revenues carried
forward into Fiscal Year 2008.
For goods and services received in FY07 but actual payment was
charged to FY08 Budget
10) Recommendation to waive formal competition and authorize staff to
negotiate a new federal lobbyist services contract with The Ferguson
Group.
To continue with current representation that understands the
issues that are critical to the county
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners authorize its Chairman to execute a Resolution
Page 21
May 13, 2008
authorizing the Collier County Airport Authority to enter into Master
Joint Participation Agreement (MJP A) 2008-A with the Florida
Department of Transportation to fund projects at the Everglades
Airpark, the Immokalee Regional Airport and Marco Island Airport.
Resolution 2008-134
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 EDC VIP Breakfast on Thursday, May 1, 2008, at The
Naples Grande Beach Resort in Naples, Florida. $28.00 to be paid
from Commissioner Halas' travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
serving a valid public purpose. Will attend the EDC Best Places to
Work Awards Ceremony on May 22,2008. $35 to be paid from
Commissioner Coletta's travel budget.
Held at Hilton Naples, 5111 Tamiami Trail N.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Authorize the Supervisor of Elections to accept federal election
activities funds with a 15% matching contribution.
The matching fund was included in the Supervisor of Elections
FY07/08 budget
2) To obtain Board approval for disbursements for the period of April
19,2008 through April 25, 2008 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of April
26, 2008 through May 02, 2008 and for submission into the official
records of the Board.
Page 22
May 13, 2008
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order for Supplemental
Attorneys Fees in connection with Parcels 720, 820A, 820B and 920
in the lawsuit styled Collier County v. Elhanon Combs, et aI., Case
No. 03-2352-CA (Golden Gate Parkway, Project #60027). (Fiscal
Impact: $4,200.00)
2) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 159A in the lawsuit styled CC v. Andy Morgan, et aI, Case No.
02-5169-CA (Immokalee Road Project # 60018). (Positive Fiscal
Impact $953.04)
The county will receive a refund in the amount of $953.04
3) Recommendation that the Board of County Commissioners approve
an exception to the current hiring freeze policy for general fund
positions and authorize the County Attorney to advertise for and fill a
vacant essential Assistant County Attorney (Land Use) position.
For an experienced land use attorney
4) That the Board of County Commissioners approve, and authorize the
Chairman to sign, a Resolution revising the County Attorney Office
Fiscal Year Pay and Classification Plan effective May 14,2008, and
approve the new job descriptions for Section Chiefs and the Of
Counsel position.
Resolution 2008-135
5) Recommendation to approve settlement at mediation prior to trial in
the lawsuit entitled Estella lemma, et. aI, vs. Collier County Board of
Commissioners filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07-2295-CA, for $20,000.00.
Due to an accident that happened in November of 2004
6) Authorize Assistant County Attorney to bid on behalf of Collier
County at foreclosure (Code Enforcement Lien) sales schedule by the
Clerk in Board of County Commissioners v. Jean Claude Martel,
CASE NO. 06-1902-CA.
To cover Code Enforcement fines totaling $277,114.45
Page 23
May 13, 2008
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. V A-2007-AR-12668
B&B Cash Grocery Stores, Inc" represented by Charlie Martin, requesting a
Variance of I 7 feet to replace an automobile service station canopy that was
destroyed by Hurricane Wilma; and a Variance of seven feet to relocate two
fuel pump dispensers. The subject property is located at 401 1st Street
South, South lmmokalee Heights Unit, Section 4, Township 47 South,
Range 29 East, Collier County, Florida.
Resolution 2008-136
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-1295 I
Irvine Dubow, requesting a 1O.7-foot Variance from the required 15-foot
front yard setback of the Vineyards PUD, to allow a 4.3-foot setback in
order to rebuild a pool cage that was destroyed by Hurricane Wilma. The
subject property is located at 5901 Almaden Drive in Section 8, Township
49 S, Range 26 E, Collier County, Florida.
Resolution 2008-137
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-12980,
Patricia and Steve Huffrequest a Historic Designation for property located
at 238 Mamie Street for building known as JT's Island Grill and Gallery.
Subject property is located in Section 36, Township 53, Range 29,
Chokoloskee, Florida.
Resolution 2008-138
Page 24
May 13, 2008
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. HD-2008-AR-12981,
Everglades Society for Historical Preservation is requesting a Historical
Designation for The Bula Missionary Baptist Church of Copeland now
known as The Frances Hodge Community Center. The subject property is
located at 210 Turnstile Drive which is located on the south side of Turnstile
Drive and approximately 150 feet west of the intersection with Lee Cypress
Drive in Section 13, Township 52, Range 29, Copeland, Florida.
Resolution 2008-139
Moved to Item #16A15
E. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUR-2008-A-12955,
Mining Venture, LLC., represented by R. Bruce Anderson ofRoetzel &
Andress, is complying with condition number 3 of Conditional Use
Resolution 2007-274 for earth mining in the A-MHO Agricultural zoning
district, which requires a review of the Conditional Use approval to
determine whether additional stipulations or mitigation are necessary. The
subject property, consisting of 2,576 acres, is located east of Immokalee
Road (CR-846), approximately 2 miles north of Oil Well Road (CR-858) in
Sections 35 & 36, Township 47 South, Range 27 East, and all of Sections I
& 2, Township 48 South, Range 27 East, Less Road Right-of-Way for
County Road 846, Collier County, Florida.
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-140
18. ADJOURN
Motion to adjourn - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 25
May 13, 2008