Recap 06/10/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
June 10, 2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3 (Telephonically 9:35 a.m.)
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 (Telephonically 10:25 a.m.)
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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June 10,2008
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 AIL ABLE 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 Michael McKellar, Naples Church of God
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted w/changes to today's Consent agenda (Item
#16) - 3/0
(Commissioner Henning and Commissioner Coyle absent)
B. May 13, 2008 - BCC/Regular Meeting
Approved as presented; w/approval of the Regular agenda - 3/0
(Commissioner Henning and Commissioner Coyle absent)
. Motion to allow Commissioner Henning to participate
telephonically due to extraordinary circumstances - Approved 3/0
(Commissioner Henning abstained and Commissioner Coyle
absent)
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June 10, 2008
. Motion to approve today's Summary agenda (Item #17) -
Adopted 4/0 (Commissioner Coyle absent)
. Motion to allow Commissioner Coyle to participate telephonically
due to extraordinary circumstances - Approved 4/0
(Commissioner Coyle abstained)
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 3S 30 Year Attendees
1) David Sanchez, Road and Bridge
Presented
B. Advisory Committee Service Awards 10-Year Recipients
1) Alice Carlson - Industrial Development Authority
Presented
4. PROCLAMATIONS
A. Proclamation designating June 10,2008 as Youth Leadership Collier Day.
To be accepted by Donna MacNiven.
Adopted - 3/0 (Commissioner Henning and Commissioner Coyle
absent)
B. Proclamation designating June, 2008 as Homeownership Month. To be
accepted by Marcy Krumbine, Frank Ramsey, Lisa Carr, Priscilla Doria,
Kathy Patterson, Russell Smith and Carol Yates.
Adopted - 3/0 (Commissioner Henning and Commissioner Coyle
absent)
5. PRESENTATIONS
A. Collier Boulevard improvements from US 41 to Davis Boulevard - widening
from existing 4-1ane to 6-lane divided roadway, drainage improvements,
lighting, bike lanes, sidewalks and pathways.
Presented
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June 10,2008
B. Recommendation to recognize Scott Holtrey, Tradesworker, Parks and
Recreation Department as Employee ofthe Month for May 2008.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Jay Bowerman to discuss clearing of property at
1107 Sanctuary Road.
Discussed
B. Public petition request by Reverend John Bex to discuss waiver of permit
fees.
Motion to grant petitioner two-14 day permits for a cost of $400-
Approved 4/0 (Commissioner Coyle absent)
C. Public petition request by Michael Urbanik to discuss designation of the
former Copeland Road prison site.
Discussed; petitioner to form an agreement with the Sheriff's
Department and continue through the Conditional Use process
Withdrawn
D. Public petition request by Jay Temkin to discuss medical impact fees for
non-invasive medical consultation offices.
Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. At the petitioner's reauest. this item is continued to the July 22. 2008
BCC Meetin2. This item must be heard BEFORE item PUDZ-2006-AR-
10875 and requires that all participants be sworn in and ex parte disclosure
be provided by Commission members. PUDA-2007-AR-11734 KRG 951
and 41, LLC, represented by D. Wayne Arnold, AICP, ofQ. Grady Minor
and Associates, P.A. and Richard D. Yovanovich, Esquire, of Goodlette,
Coleman, and Johnson, P.A., is requesting an amendment to the Artesa
Pointe PUD to remove a +/- 0.88 acre parcel ofIand and add it to the
proposed Tamiami Crossing CPUD abutting its northern boundary. The
subject property is located approximately 1/4 of a mile south of the
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June 10, 2008
intersection of Collier Boulevard and US 41, in Section 3, Township 5 I
South, Range 26 East of Collier County, Florida (Companion item to PUDZ-
2006-AR-I0875).
Motion to continue to July 22, 2008 - Approved 5/0
B. At the petitioner's reauest. this item is continued to the July 22. 2008
BCC Meetin2. This item must be heard AFTER PUDA-2007-AR-11734
and requires that all participants be sworn in and ex parte disclosure be
provided by Commission members. Petition: PUDZ-2006-AR-10875, Q
Grady Minor, representing KRG 951 and 41, LLC, has submitted a PUD
Rezone for Tamiami Crossing CPUD. The applicant proposes to rezone the
A (Agricultural), C-2 (Commercial Convenience), C-4 (General Commercial
Zoning) Districts and Artesa Pointe PUD to Commercial Planned Unit
Development (CPUD) zoning district. This is to allow development of
commercial land uses with a maximum of 235,000 square feet. The property
consists of +/- 25.45 acres and is located in Section 3, Township 51 South,
Range 26 East, Collier County, Florida (Companion item to PUDA-2007-
AR-11734).
Motion to continue to July 22, 2008 - Approved 5/0
C. This item has been continued indefinitely. Recommendation to adopt an
Ordinance amending Ordinance No. 92-60, which created the Immokalee
Beautification Municipal Service Taxing Unit, to increase the boundaries of
the unit to add approximately 3002+/-acres.
Motion to continue indefinitely - Approved 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Environmental Advisory Council.
Resolution 2008-174 Appointing Noah Standridge and Quin L. Kurth
for the Alternates (Technical Members) and Darrin S. Brooks as the
(Non-Technical) 'Member - Adopted 5/0
B. Appointment of member to the ColIier County Code Enforcement Board.
Resolution 2008-175 Appointing Robert F. Kauffman - Adopted 5/0
C. Appointment of member to the Contractors Licensing Board.
Resolution 2008-176 Appointing Les Dickson - Adopted 5/0
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June 10, 2008
D. Appointment of member to the Immokalee Beautification Advisory
Committee.
Resolution 2008-177 Appointing Maria (Lucy) V. Ortiz - Adopted 5/0
E. That the Board of County Commissioners assigns a qualified staff member
to attend and participate in the Management Plan Advisory Group public
meeting and working group providing input regarding the Picayune Strand
State Forest 10 Year Management Plan. (Commissioner Tom Henning)
Resolution 2008-178 Adopted - 5/0
F. Recommendation that the Collier County Board of County Commissioners
adopt a Resolution supporting the ongoing operations of Everglades
National Park Boat Tours, Inc., founded in 1959, and owned and operated
for 49 years by Mayor Sammy Hamilton. (Commissioner Jim Coletta)
Resolution 2008-179 Adopted w/changes (recommend that an
established local business be considered) - 4/1 (Commissioner Halas
opposed)
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 1 :00 p.m. Recommendation to approve proposed
changes to repeal and replace the Animal Control Ordinanoe (Ordinance No.
93-56, as amended), to strengthen the section pertaining to dangerous dogs,
to provide a uniform method for revision of fees, to provide for mandatory
spay/neuter of animals upon return to owner after impoundment, and to
more clearly define leash law and the affidavit of complaint process, and
direct staff to advertise ordinance changes to be approved by the Board at a
future meeting. (Amanda Townsend, Interim Director, DAS)
Approved w/change - 5/0
B. Provide the Board of County Commissioners (BCC) a summary of Collier
County Productivity Committee (PC) and Planning Commission (CCPC)
review of the Seasonal Population Study conducted on April 16 and April
17,2008, respectively. The Seasonal Population Study was directed by the
BCC at their November 5,2007 Workshop for components of the Annual
Update and Inventory Report (AUIR) on Public Facilities as provided for in
Chapter 6.02.02 of the Collier County Land Development Code. (Mike Bosi,
AICP, Community Planning and Redevelopment Manager, Comprehensive
Planning, CDES)
Motion to approve staff recommendations - Approved 5/0
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June 10,2008
C. Recommendation that the Board of County Commissioners provide staff
direction related to the Supplemental Agreement with South Florida Water
Management District on the Temporary All Terrain Vehicles (ATV) site.
(This is a companion Item to #12B) (Barry Williams, Director, Parks and
Recreation)
Motion to work through a settlement resolution and to bring issue to an
agreement (other potential land offered or cash buyout) - Approved 5/0
D. Obtain direction from the Board of County Commissioners in response to
Item #6B from the May 27,2008 Board of County Commissioners Meeting;
a public petition request by Mr. Vann Ellison to discuss relief of an existing
impact fee deferral in the amount of$l 78,149.72 for Wolfe Apartments.
(Marcy Krumbine, Director, Housing and Human Services.)
Motion to accept option #1 - Approved 5/0
E. This item to be heard at 11 :00 a.m. Recommendation to consider adoption
of local vendor preference policy. (Steve Carnell, Director of Purchasing)
Motion to table item until after lunch - Approved 5/0
Motion to un-table item - Approved 5/0
Resolution 2008-181 Adopted w/changes (local right to match all bids:
competitive (formal) and non-competitive (non-formal) - 3/2
(Commissioner Coyle and Commissioner Halas opposed)
F. Provide results of the Rental Registration Investigation and to receive
guidance for the collection of the 2005, 2006 and 2007 registration renewal
late fees (Michelle Arnold, Director, Code Enforcement, CDES)
Motion to instate $80.00 maximum (retro for 2005, 2006 and 2007
registration renewal late fees) and Code Enforcement to bring back
figures regarding outstanding and paid fees over the $80.00 maximum -
Approved 5/0
G. This item to be heard at 11:45 a.m. Recommendation that the Board of
County Commissioners direct the Collier County Supervisor of Elections to
take appropriate action with respect to the Collier County School District's
Resolution 08-05, which seeks to place a millage referendum on the .^.ugust
26, 2008 November 4, 2008 General Election ballot for the scheduled
primary election. (Jim Mudd, County Manager)
Resolution 2008-180 Adopted 5/0 (Linda Abbott, Steve Donovan and
Robert Withers were present)
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June 10, 2008
Moved from Item #16B4
H. Recommendation to approve the Treviso Bay Water Management
Agreement allowing for coordination between Treviso Bay Development,
LLC and Collier County to complete the design, permitting, and
construction of the two components of the Lely Area Stormwater
Improvement Project located within Treviso Bay Development, Project No.
5 I 101 I, for a total FY 08 and 09 estimated cost of $2,560,898.
Motion to approve and for the Clerk to validate and review the lowest
bids and process payment according to agreement - Approved 4/0
(Commissioner Coyle absent)
Moved from Item #16Cl
I. Recommendation that the Board of County Commissioners direct staff to
develop an amendment to the Collier County Non-Residential Recycling
Ordinance (Ordinance No. 2004-50) by 1) modifying the title of the
Ordinance to provide a clearer definition; 2) changing the applicability ofthe
Ordinance to also apply to the incorporated areas of Collier County; 3)
requiring recycling at temporary and special events and venue facilities; 4)
including multi-family properties serviced as commercial accounts; and 5)
including enforcement provisions.
Motion to direct staff to first negotiate interlocal agreement, w/City of
Marco and Everglades City and then to include City of Marco and
Everglades City when modifying all amendments to the Collier County
Non-Residential Recycling Ordinance (Ord. 04-50) - Approved 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 2:00 p.m. That the Board of County
Commissioners considers a proposal from the Developer of Pebblebrooke, to
be memorialized in a Developer Agreement, to buffer and otherwise mitigate
the impact of the two-story building on the adjoining residential
neighborhood, in exchange for resolving any dispute the County may
presently have with respect to both this building and the Stevie Tomato
lawsuit.
Discussed; Motion to continue item - Approved 5/0
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June 10, 2008
B. Reject the proposed Modification of Agreement between Board of Trustees
of the Internal Improvements Trust Fund, the South Florida Water
Management District (Big Cypress) and Collier County, Florida. (This Item
to follow Companion Item #1OC).
Motion to accept staff's recommendations - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager - Rescheduling the Grieder appeal for July 22nd BCC
Meeting
B. County Attorney - Pending litigation regarding Luedtke case, requests
Closed Session to discuss settlement on June 24, 2008 at 12:00 noon;
Would like to join Regional Council regarding the Unfunded Mandate
Lawsuit - Consenus
C. Commissioner Henning - One party involved in Greider case will be out
of Country in July. County Attorney recommends not proceeding
without them; Scheduled for September 9, 2008 BCC Meeting (to be
heard on 9/10); Would like copy of notice for public meeting held in Ft.
Myers regarding Pelican Bay and Staff (Item in Miscellaneous
Correspondence - Item #1611); Swapping property at Port of the Isles
with other surplus land in the county - staff to meet with owner and
bring item back (Consenus)
D. Commissioner Fiala - Note from Commissioner Halas stating he needs
to leave at 2:30 p.m. tomorrow during legislative workshop; Read letter
from Senator Mel Martinez regarding Collier County Transit Area
Project; Letter from Sanibel City Council regarding SFWMD and
Everglades Restoration Project
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 today's Consent agenda - 3/0
Page 9
June 10, 2008
(Commissioner Henning and Commissioner Coyle absent)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to adopt a resolution designating 3,699.00 acres in
the Rural Lands Stewardship Area (RLSA) Overlay (RLSA) as Alico
SSA II, approving a credit agreement for Alico SSA 11, approving an
easement agreement for Alico SSA 11, and establishing the number of
Stewardship Credits generated by the designation of said Stewardship
Sending Area in response to an application by Alico, Incorporated.
Resolution 2008-162
2) Recommendation to extend the expiration date of the ad hoc Rural
Lands Stewardship Area Overlay Review Committee.
Resolution 2008-163
3) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
As Detailed in the Executive Summary - Recording Cost $200.00;
$10.00 per release of Lien
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Phase Three East-Unit 2.
W /release of any Utilities Performance Security
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mustang Island, Phase II.
W/release of any Utilities Performance Security
6) This is a recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Masters
Reserve, (Lely Resort PUD). The roadway and drainage
improvements will be privately maintained.
Resolution 2008-164 w/release of the Maintenance Security
7) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of McDonalds at Gulf Gate Plaza.
Page 10
June 10, 2008
Developer must receive a certificate of adequate public facilities
prior to the issuance of the SDP approval
8) This is a recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Masters
Reserve, Phase Two (Lely Resort PUD). The roadway and drainage
improvements will be privately maintained.
Resolution 2008-165 w/release ofthe Maintenance Security
9) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of da Vinci Estates (da Vinci
Estates PUD), the roadway and drainage improvements will be
privately maintained.
Resolution 2008-166 w/release of the Maintenance Security
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Pelican Marsh Unit
Twenty - Five (Pelican Marsh PUD) with the roadway and drainage
improvements being privately maintained.
Resolution 2008-167 w /release of the Maintenance Security
11) Recommendation that the Board of County Commissioners approve
and authorize its Chairman to execute an amendment to the Interlocal
Agreement, related to impact fees, between Collier County and the
Golden Gate Fire Control and Rescue District, in order to provide
consistency with the updated Fire Protection Impact Fees.
To ensure sufficient funds are available for capital improvement
projects identified by the Golden Gate Fire Control and Rescue
District
12) Recommendation that the Board of County Commissioners approves,
and authorize its Chairman to sign, a Satisfaction of Lien due to a
change in qualified applicant and the subsequent recording of a new
impact fee deferral agreement and lien in accordance with the
Immokalee Residential Impact Fee Deferral Program and the County-
wide Impact Fee Deferral Program, as set forth by Section 74-201 (g)
and 74-401 of the Collier County Code of Laws and Ordinances.
For property located at 337 Rose Avenue, Immokalee, FL
Page 11
June 10, 2008
B. TRANSPORTATION SERVICES
1) Recommendation to approve the Agreement for the Freedom Park
(Gordon River Water Quality Park) Aquifer Storage and Recovery
(ASR) Well within the City of Naples.
As detailed in the Executive Summary
2) Recommendation to award Bid #08-5084 Airport Road (US 41 East to
Cougar Drive) Roadway Grounds Maintenance to Commercial Land
Maintenance, Inc. in the amount of $160,808.00 (Fund 1 I 1, Cost
Center 163866).
For approximately six (6) miles of landscaping and irrigation
3) Recommendation to approve a Resolution of the Collier County
Board of County Commissioners (BCC) authorizing the submission of
the Transportation Disadvantaged Trust Fund Trip/Equipment Grant
Application with the Florida Commission for the Transportation
Disadvantaged (CTD).
Resolution 2008-168
Moved to Item #10H
4) Recommendation to approve the Treviso Bay Water Management
Agreement allowing for coordination between Treviso Bay
Development, LLC and Collier County to complete the design,
permitting, and construction of the two components of the Lely Area
Stormwater Improvement Project located within Treviso Bay
Development, Project No. 51101 I, for a total FY 08 and 09 estimated
cost of$2,560,898.
Continued Indefinitely
5) Recommendation to approve projects utilizing Federal Transit
Administration 5316 & 5317 Program Grants.
6) Recommendation for the Board of County Commissioners to approve
a budget amendment to move landscape funds in the amount of
$303,706.63 from Fund III to Fund 112 Immokalee Road (1-75951)
Project #66045 for median work required for landscaping.
For work performed by Astaldi Construction
Page 12
June 10, 2008
7) Recommendation to award Bid #08-5052 including alternates 1 and 3
for construction of Palm River Estates Unit 4 North/South Stormwater
Improvements Phase 2, Project No. 511411, to David Foote
Environmental Construction Inc. in the amount of$354,763.25 plus a
ten percent contingency, and to approve the necessary budget
amendments.
Located in the Willow West Subdivision
C. PUBLIC UTILITIES
Moved to Item #101
1) Recommendation that the Board of County Commissioners direct staff
to develop an amendment to the Collier County Non-Residential
Recycling Ordinance (Ordinance No. 2004-50) by 1) modifying the
title of the Ordinance to provide a clearer definition; 2) changing the
applicability of the Ordinance to also apply to the incorporated areas
of Collier County; 3) requiring recycling at temporary and special
events and venue facilities; 4) including multi-family properties
serviced as commercial accounts; and 5) including enforcement
provIsIons.
2) Recommendation to award Bid No. 08-5044R to Professional
Services Industries, Inc. (PSI), to sample, analyze and report data
collected for the Golden Gate Groundwater Baseline Monitoring
Project in the amount of$75,193.20.
To determine the ground water quality in the Golden Gate Estates
area and meet future needs
3) Recommend approval of the award of Bid #08-5064, Manhole and
Lift Station Rehabilitation, and standard agreement between Collier
County, Chaz Equipment Company, Inc, and Paints and Coatings Inc,
in the estimated amount of $500,000 annually, Project #73050.
For structural repairs eliminating extraneous flows to
sanitary sewers and manholes in the Collier County's Wastewater
System
4) Recommendation that the Board of County Commissioners approve
for operational readiness a format and process for the development of
inter-local agreements between Collier County and the governing
boards of the incorporated areas within Collier County, the District
Page 13
June 10,2008
School Board of Collier County, and other agencies as requested for
debris removal operations in the aftermath of a severe weather event.
For an initial agreement term of June 1, 2008 through May 31,
2009 and will automatically renew each year unless terminated
D. PUBLIC SERVICES
1) Recommend approval of Amendment Number Two to the 2006-2007
City of Naples/Collier County Tourism Grant Agreement covering the
North Jetty Doctors Pass Rehabilitation Project providing for a one (1)
year extension to April I, 2009 and; approval of Amendment Number
One to the 2007-2008 City of Naples/Collier County Tourism Grant
Agreement covering the North Jetty Doctors Pass Rehabilitation
Project providing for a one year extension to September 30,2009.
2) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Sub-recipient Agreement
providing Supplemental Disaster Recovery Initiative (DR!) funding in
the amount of$300,000.00 to Immokalee Non-Profit Housing, Inc.,
for repairs and a hurricane hardening project at the Community Center
at Edenfield House, also known as Timber Ridge Recreational Center,
in lmmokalee.
Damage resulting from Hurricane Wilma in October, 2005
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Jairde
Jesus Toro Gomez and Elizabeth Diaz de Toro (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
1610, North Naples.
Deferring $19,389.63 in impact fees
4) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Ernest
Terisma Etienne and Dina Etienne Lindor (Owners) for deferral of
100% of ColIier County impact fees for an owner-occupied affordable
housing unit located at Lot 114, Liberty Landing, Immokalee.
Deferring $12,442.46 in impact fees
Page 14
June 10, 2008
5) Approve a Limited Use License Agreement Between the Board of
County Commissioners and the Naples Junior Chamber of Commerce,
Inc., approving use of specified county-owned property for
conducting a July 4th Fireworks Festival. ($25,000)
To be held at Sugden Regional Park
6) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Mireille
Louisjene Guerrier (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 36, 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 Myriam
Gustave (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 44, Trail
Ridge, East Naples.
Deferring $12,442.46 in impact fees
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Patricia
Horton Penteado (Owner) for deferral of 100% of Collier County
impact fees for an owner-occupied affordable housing unit located at
Lot 45, Trail Ridge, East Naples.
Deferring $12,442.46 in impact fees
9) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY08,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY08.
As detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES
1) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of April 24, 2008 through May 21, 2008
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June 10, 2008
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-169
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute a Sweat Equity Grant Agreement(s) between
the ColIier County Community Redevelopment Agency and a Grant
Applicant (s) within the Bayshore Gateway Triangle Community
Redevelopment area. (2524 Lee Street) ($ 1,000)
2) To approve and execute a 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. (3388 Captains Cove) ($1,000)
3) For the Community Redevelopment Agency to declare a valid public
purpose for CRA staff attendance of Building Strong Neighborhoods
Workshop: Brownfields Redevelopment in Undercapitalized
Communities in Tampa on March 19,2008 and authorize
reimbursement for the associated seminar registration and travel costs
from the Bayshore Gateway Triangle Trust Fund. (Fund 187).
For a total cost of $191.99
4) Approve a budget amendment for $23,710 to increase budgeted
revenues and budgeted expenses for the sale and purchase of aviation
fuel at Everglades Airpark.
Due to the increase in fuel costs
5) Recommendation to the Community Redevelopment Agency to
authorize the commitment of $600,000 for infrastructure for the
affordable housing development Esperanza Place in Immokalee.
Providing $200,000 a year for a three-year period
H. BOARD OF COUNTY COMMISSIONERS
Page 16
June 10, 2008
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Southwest Florida Transportation Initiative Post-Session
Legislative Event on June 6th, 2008 at the Bonita Bay Club in Bonita
Springs, FL. $35.00 to be paid from Commissioner Fiala's travel
budget.
Located at 26660 Country Club Dr, Bonita Springs, FL
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose,
Attended the ENCA Luncheon on May 15, 2008 at Carrabba's in
Naples, FL. $2 I .00 to be paid from Commissioner Fiala's travel
budget.
Located at 12631 Tamiami Trail East, Naples, FL
I. MISCELLANEOUS CORRESPONDENCE
1) Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend that the Board of County Commissioners designate the
Sheriff as the official applicant and program point-of-contact for the
United States Department of Justice, Office of Justice Programs,
Bureau of Justice Assistance Edward Byrne Memorial Competitive
Grant Program: National Initiatives - Collier County Sheriffs Office
Civil Citation Program Grant, to submit the application in the Federal
Grants Gov System, to accept the grant when awarded, and approve
budget amendments.
2) To obtain Board approval for disbursements for the period of May 17,
2008 through May 23, 2008 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of May 24,
2008 through May 30, 2008 and for submission into the official
records of the Board.
4) To obtain Board approval of year two auditing services according to
agreement #07-4152 with Ernst and Young LLP, and authorize
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June 10,2008
execution of an official engagement letter and budget amendment for
services in the amount of $609,000.
Includes up to six (6) major grant program audits
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment for Parcels
140 and l40B in the lawsuit styled Collier County v. Edward Stanley
Sandi ten, et aI., Case No. 02-5 l65-CA, Immokalee Road Project
#60018. (Fiscal Impact: $19,991)
2) 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: $3,800.00)
3) 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: $3,800.00)
4) Recommendation that the Board of County Commissioners acting as
the Board of Zoning Appeals execute the attached Resolution for the
expansion of the Golden Gate Congregation of Jehovah's Witnesses,
Inc. church to memorialize the decision the Board of Zoning Appeals
made at its April 22, 2008 meeting to accept the recommendation of
the Special Magistrate pursuant to the Florida Land Use and
Environmental Dispute Resolution Act (FLUEDRA)
Resolution 2008-170
5) Recommendation to authorize an Offer of Judgment for Parcel 2 I 4 by
Collier County to property owner, Rodolfo Mayor in the lawsuit
styled CC v. Jose Munoz, et aI., Case No. 07-2823-CA, Oil Well Road
Project #60044 (Fiscal Impact: If accepted, $32,200)
6) Recommendation to approve settlement in the lawsuit entitled
Travelers Indemnity Company a/s/o Mitchell & Stark Construction
Co., Inc., v. Collier County, filed in the Twentieth Judicial Circuit in
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June 10, 2008
and for ColIier County, Florida, Case No. 07-0l39-CA, for
$ I 5,000.00.
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.
Summary Agenda - Motion to approve today's Summary agenda - Adopted 4/0
(Commissioner Coyle absent)
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUE-2008-AR-12775,
Collier County Zone Management, represented by Johnson Engineering, is
requesting a one-year Conditional Use Extension for Goodland Park. The
subject property is located at 750 Palm Point Drive, in Section 18, Township
52 South and Range 27 East, Collier County, Florida.
Resolution 2008-171
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CUE-2008-AR-128l6,
Collier County Public Utilities Engineering Department, represented by
Larry R. Harris of Agnoli, Barber and Brundage, Inc., requesting a one year
conditional use extension from April 26, 2008 until April 26, 2009 for a
pump station located south ofImmokalee Road less than 1/2 mile west of
Wilson Boulevard, in Golden Gate Estates, Unit 20, in Section 28, Township
48 South, Range 27 East, Collier County, Florida.
Resolution 2008-172
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June 10,2008
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDZ-2007-AR-
12581: Florida Non-Profit Services, Inc. and The Empowerment Alliance of
Southwest Florida Community Development Corporation represented by
Heidi K. Williams, AICP, Q. Grady Minor and Associates, P.A., request a
PUD rezone from the Rural Agricultural (A-MHO) Mobile Home Overlay
Zoning District to the Residential Planned Unit Development Zoning
District, to be known as Esperanza Place RPUD. The 3 I .63 acre site is
proposed to be developed for a maximum of262 dwelling units; and
consideration and approval of an Affordable Housing Density Bonus
Agreement. The subject property is located on the north side ofImmokalee
Drive, approximately 1/2 mile west of Main Street (SR-29), in Section 32,
Township 46 South, Range 29 East, Immokalee, Collier County, Florida.
Ordinance 2008-28
D. Recommendation to amend Collier County Ordinance No. 72-1, as amended
(The Collier County Lighting District) by amending Section One, Area
Established, to add: The Jaeger Commercial Industrial Center and all of the
lands lying within the boundaries of the plat of Majestic Pines to the Collier
County Lighting District; Providing for the inclusion in the Code of Laws
and Ordinances; Providing for conflict and severability; and Providing an
effective date.
Ordinance 2008-29
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-173
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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June 10, 2008