Recap 07/22/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
July 22, 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 (Absent)
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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July 22, 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 P ARTICIP A TE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor 1. R. Pagan, International Worship Center
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 - 4/0
B. June 10, 2008 - BCC/Regular Meeting
Approved as presented - 4/0
C. June 11,2008 - BCC/Post-Legislative Workshop
Approved as presented - 4/0
D. June 19,2008 - BCC/Budget Hearing
Approved as presented - 4/0
E. June 20, 2008 - BCC/Budget Hearing
Approved as presented - 4/0
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July 22, 2008
F. June 24, 2008 - BCC/Regular Meeting
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) John Veit, Ernergency Management
Presented
2) Eric Cline, Water
Presented
3) David Dornton, Road and Bridge
Presented
4) Tania Delgado, Transportation Engineering and Construction
Management
Presented
B. 30 Year Attendees
1) Homero Partida Jr., Road and Bridge
Presented
4. PROCLAMATIONS
A. Proclamation to recognize June 1,2008 as the 35th Anniversary of the Zonta
Club of Naples. To be accepted by Leslie Cheek, President of the Zonta
Club of Naples.
Adopted - 4/0
B. Proclamation in honor of Maria Stone. To be accepted by Maria Stone. (To
be read by Comrnissioner Coletta)
Adopted - 4/0
5. PRESENTATIONS
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July 22, 2008
A. The Honorable Burt L. Saunders, State Senator, District 37, is a recipient of
the County Champion Award given to those members of the Florida
Legislature who have demonstrated support and understanding of county
issues from the Florida Association of Counties as presented by John Wayne
Smith, F AC Legislative Director. Recently F AC presented honors to
legislators statewide who worked tirelessly during the 2008 Legislative
Session to protect home rule. Sen. Saunders was one of 21 state legislators
honored this year for going above and beyond in their efforts to work with
local governments, and helping F AC keep the authority of government in the
hands of those officials closest to the people.
Presented
B. Contractor Presentation on Phase III of the County Fleet Facility Project-
Sheriffs Fleet Maintenance Facility.
Presented
C. Presentation of the Solid Waste Management Department Waste Reduction
Awards Program (WRAP) award to Prism Microwave.
Presented
D. Recommendation to recognize Richard Zyvoloski, Emergency Management
Coordinator, Bureau of Emergency Services as Employee of the Month for
June 2008.
Presented
6. PUBLIC PETITIONS
A. Public Petition Request by Mr. Jean Claude Martel to discuss Code
Enforcement issues.
Discussed and County Attorney to refer Mr. Martel to the Legal Aid
Society
B. Public petition request by Robert Tetrault to discuss MSTU for paving of
Sunset Road and Whitaker Road.
Discussed and County Manager and staff to work with petitioner to
bring back as a petition
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July 22, 2008
C. Public petition request by William Robinson, representing Immokalee
Childcare, to discuss land lease/purchase option with Oak Haven
Apartments.
Discussed
D. Public petition request by Philip Penzo to discuss Collier County Purchasing
Policy.
Presented and further discussed with Item #9E
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
Continued to the September 9, 2008 BCC Meeting
A. At the petitioner's request, this item is continued from the June 24, 2008
BCC meetinl!:. 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 bv 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. Y ovanovich, Esquire, of
Goodlette, Coleman, and Johnson, P.A., is requesting an amendment to the
Artesa Pointe PUD to remove a +/- 0.88 acre parcel ofland 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
intersection of Collier Boulevard and US 41, in Section 3, Township 51
South, Range 26 East of Collier County, Florida (Companion item to PUDZ-
2006-AR-I0875).
Motion to continue to September 9, 2008 - Approved 4/0
Continued to the September 9, 2008 BCC Meeting
B. At the petitioner's request, this item is continued from the June 24, 2008
BCC meetinl!:. This item must be heard AFTER PUDA-2007-AR-1l734
and requires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. Petition: PUDZ-2006-AR-I0875, 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
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July 22, 2008
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-Il734).
Motion to continue to September 9, 2008 - Approved 4/0
C. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, an Amended and Restated Affordable
Housing Bonus Density Agreement (AHDBA) and adopt an amendment to
Ordinance No. 05-63 and increase the number of affordable units from
thirty-two dwelling units to forty-four dwelling units for the workforce
product types for owner-occupied affordable housing located in the Cirrus
Pointe PUD development.
Ordinance 2008-38 Adopted with changes to language - 3/1
(Commissioner Henning opposed)
Continued to the September 9, 2008 BCC Meeting
D. Recommendation to repeal the Animal Control Ordinance (Ordinance No.
93-56, as amended), and to adopt Ordinance No. 2008-xx as the Animal
Control Ordinance, 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.
Motion to continue to September 9, 2008 - Approved 4/0
E. This item to be heard at 1 :00 p.m. Recommendation to consider Adoption
of an Ordinance Establishing the Naples Reserve Community Development
District (CDD) pursuant to Section 190.005, Florida Statutes.
Ordinance 2008-37 Adopted - 4/0
F. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. Petition: PUDZ-2006-
AR-9486 Charles S. Faller, III, ofFFT Santa Barbara I, LLC and FFT Santa
Barbara II, LLC represented by D. Wayne Arnold, ofQ. Grady Minor &
Associates, P.A., and Richard D. Yovanovich, Esq. of Goodlette, Coleman,
and Johnson, P.A., requesting a PUD rezone from C-2 and C-4 zoning
districts to Commercial Planned Unit Development (CPUD) to be known as
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July 22, 2008
Freestate CPUD. The 16.8 acre site is proposed to permit 150,000 square
feet of commercial development. The subject property is located on the
southwest corner of the intersection of Santa Barbara Boulevard and Davis
Boulevard in Section 8, Township 50 South, Range 26 East, Collier County,
Florida.
Ordinance 2008-39 Adopted staff's recommendations w/stipulations _
4/0
G. Request that the Board of County Commissioners adopts an ordinance to
amend Ordinance No. 2002-03, The Collier County Redevelopment Grant
Program Ordinance, in order to adopt a Faade Grant Program for the
Immokalee Community Redevelopment Area.
Ordinance 2008-40 Adopted - 4/0
Moved from Item #17J
H. This Item to be heard at 2:00 p.m. This item requires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. PUDA-2007-AR-12043: First Assernbly of God
Naples, Inc., by 1. David Mallory, president; and MDG Fountain Lakes,
LLC, Williarn L. Klohn, president ofMDG Capital Corporation, rnanaging
rnernber; both of whom are represented by Robert L. Duane, AICP, Hole
Montes, Inc., are requesting an amendment from the Planned Unit
Development (PUD) zoning district to the Mixed Use Planned Unit
Development (MPUD) zoning district for a 69 acre project known as the
First Assembly Ministries Education and Rehabilitation MPUD, to allow
multi-family units, community facilities and church-related uses. The subject
property is located in the northeast quadrant of the intersection of Collier
Boulevard (CR 951) and The Lords Way in Section 14, Township 50 South,
Range 26 East, Collier County, Florida. (Companion to Petition RZ-2008-
AR-12842)
Ordinance 2008-41 Adopted w/stipulations - 4/0
Move from Item #17K
I. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. RZ-2008-AR-12842:
Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes
Inc., is requesting a rezone of the easternmost 10 acre portion of the First
Assembly Ministries Education & Rehabilitation PUD from the Planned
Unit Development (PUD) zoning district to the Agricultural (A) zoning
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July 22, 2008
district. The subject property is located along the northern side of the
extension of The Lords Way, in Section 14, Township 50, Range 26, Collier
County, Florida. (Companion to Petition PUDA-2007-AR-12043)
Ordinance 2008-42 Adopted - 4/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Immokalee Master Plan and Visioning
Committee.
Resolution 2008-223: Appointing Rev. Jean C. Paul- Adopted 4/0
B. Appointment of member to the Pelican Bay Services Division Board.
Motion to continue - Approved 4/0
C. To adopt a Resolution of the Board of County Commissioners of Collier
County, Florida supporting the Guadalupe Center ofImmokalee in obtaining
funding through the State of Florida's Office of Tourism, Trade and
Econornic Development's Community Contribution Tax Credit Program.
Resolution 2008-224 Adopted - 4/0
D. Appointment of members to the Board of Building Adjustments and
Appeals.
Resolution 2008-225: Appointing Aaron R. Hokanson and Kenneth R.
Rech - Adopted 4/0; Advertising for 3 open positions
E. That the Board of County Commissioners accepts the findings of the
Productivity Committee regarding office furniture procurement. Request the
Productivity Committee's liaison, Commissioner Fiala, to deliver the
committee findings.
Motion to accept Productivity Committee's findings - Approved 4/0;
Purchasing Department to bring back a report at a future BCC Meeting
F. Appointment ofrnember to the Land Acquisition Advisory Committee.
Resolution 2008-226: Appointing Jon C. Staiger - Adopted 4/0
G. Reconsideration ofItem 10H from the June 10, 2008 BCC meeting with
reference to 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
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July 22, 2008
the Lely Area Stormwater Improvement Project located within Treviso Bay
Development, Project No. 5110 II, for a total FY 08 and 09 estimated cost of
$2,560,898. (Commissioner Henning's request.)
Motion not to reconsider - Approved 4/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners ("BCC")
authorize the County Manager to notify the South Florida Water
Management District (SFWMD) that Collier County is withdrawing from
participation in the SFWMD Environmental Resource Permitting Program.
(Stan Chrzanowski, P.E., Engineering Services Manager, Engineering &
Environmental Services Division, CDES).
Approved - 3/0 (Commissioner Henning absent)
B. Presentation of the Floodplain Management Plan Annual Progress Report for
2007, and a recommended Action Plan for 2008. (Robert C. Wiley, P.E.,
C.F.M., Principal Project Manager, Engineering & Environmental Services
Department, CDES)
Motion to approve progress report - Approved 4/0
C. This item to be heard at 4:00 p.m. This item reQuires that all
participants be sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve a Developer's
Contribution Agreement (DCA) between VICTORIA ESTATES, LTD.,
MAGPOND, LLC, MAGPONDA, LLC, MAGPONDB, LLC, NEW
MAGPOND, LLC, NEW MAGPONDA, LLC, and 1-75 ASSOCIATES,
LLC, (The Developers) and Collier County (The County) to accept certain
easements, modify buffer requirements, define Developer commitments and
establish fiscal responsibilities for improvements on Collier Boulevard,
Magnolia Pond Drive and Noah's Way to facilitate the County's Collier
Boulevard Roadway Expansion Project #60001. (Nick Casalanguida,
Transportation/Planning Director)
Approved - 3/0 (Commissioner Henning absent)
D. Recommendation for the Board of County Commissioners (Board) to
confirm direction for the County Manager or his designee, regarding the
purchase of the Hamilton property, to consider an offer higher than the
previously declined offer and to consider the existing structures on the
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July 22, 2008
property; recommendation for the Board to consider The Conservation Fund
(TCF) to be an intermediary purchaser to the Hamilton sale; and
recommendation for the Board to direct the County Manager or his designee
to pursue a legally sufficient Agreement for Sale and Purchase with TCF and
execute whatever document(s) are necessary for TCF to proceed with a
North American Wetlands Conservation Act (NA WCA) grant application on
behalf of the Board after approval for legal sufficiency by the County
Attorney's Office. (Alex Sulecki, Senior Environmental Specialist)
Motion failed due to lack of a majority - 2/2 (Commissioner Henning
and Commissioner Halas opposed)
E. This item to be heard at 3:30 p.m. Recommendation that the Board of
County Commissioners provide the County Manager or his designee with
guidance on making an offer for the Pepper Ranch, a priority Cycle 5
Conservation Collier acquisition proposal, considering an actual appraisal
value that is higher than originally estimated and recommended conditions
of sale. (Alex Sulecki, Senior Environmental Specialist)
Motion to make an offer of the $33.2 million with changes to the
agreement and bring back an agreement to the Board for approval _
Approved 4/0; Motion for staff to pursue information regarding
commercial paper "short term" funding - Approved 4/0;
Direct County staffto provide a report on Panther Credits' worth
Approved - 4/0
F. Recommendation that the Board of County Commissioners adopt a
Resolution establishing Proposed Millage Rates as the Maximum Property
Tax Rates to be levied in FY 2008/09 and reaffirm the Advertised Public
Hearing dates in September, 2008 for the Budget approval process. (John
Yonkosky, Office of Management and Budget Director)
Resolution 2008-227 Adopted - 4/0; Confirmation of hearing dates
G. Recommendation that the Board of County Commissioners approve a budget
amendment to recognize revenue from Lodge Abbot Associates, LLC in the
amount of $3 million dollars and appropriate within Fund (313). The funds
will be used for the Vanderbilt Drive corridor improvements and bridge
enhancements that resulted from the settlement of Lodge Abbott Associates,
LLC v. Collier County, Case No. 05-967-CA. (Norman Feder,
Transportation Services Administrator)
Approved - 4/0
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July 22, 2008
H. Recommendation to obtain direction and authorization on how to proceed
with management of the Clam Bay Estuary. (Gary McAlpin, Coastal Zone
Management Director)
Motion to approve Agenda Option #3 for the development of the Clam
Bay Advisory Committee; for the County Attorney to bring back an
Ordinance establishing the Committee with appointments by the Board
and reporting to the CAC - Approved 3/1 (Commissioner Henning
opposed); Motion for members to include a resideRt member from
PBSD, resident member from: Sea gate, Naples Cay, District #1, District
#3 and District #5 - Approved 4/0; Committee reviewed within one year
to determine sunsetting - Consensus
(Recap corrected by BMR w/transcript: 7th member to be from PB Foundation)
I. This item to be heard at 11 :00 a.m. Request and Recommend the BCC
Declare an Economic Emergency Situation and Approve Expenditure of
Tourist Development Tax Emergency Advertising Funds for International
and Domestic Market Promotion in FY 08 Totaling $476,300 and in FY 09
in the amount of$738,650. (Jack Wert, Tourism Director)
Resolution 2008-222: Motion to expend funds as presented by staff
Adopted - 4/0
J. This item to be heard at 11:00 a.m. Recommend Approval of Change
Order # I in the amount of $700,000 on Contract 06-4007 with Paradise
Advertising & Marketing, Inc for additional billing over $2,000,000. (Jack
Wert, Tourism Director)
Approved - 4/0
K. Recommendation to approve a Resolution approving and authorizing the
Chairman of the Board of County Commissioners to execute a Local Agency
Program Agreement with the Florida Department of Transportation, which
Agreement implements up to $750,000 for the design and construction of
Dynamic Message Signs by Collier County, with reimbursement by the
Florida Department of Transportation. (Bob Tipton, Traffic Operations
Director)
Resolution 2008-228 Adopted - 4/0
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July 22, 2008
Moved from Item #16E3
L. Recommendation to ratify additions to and deletions from the 2008 Fiscal
Year Pay and Classification Plan made from April 1, 2008 through June 30,
2008.
Motion to approve staff's recommendations - Approved 4/0
Moved from Item #16Bll
M. Recommendation to approve award of Bid No. 08-5069 to Douglas N.
Higgins, Inc. for completion of the Willow West Stormwater Improvements
Project #510076 in the total amount of $218,834.
Motion to approve Stahlman - England Irrigation, Inc. as the second
lowest bidder, due to the withdraw by Douglas N. Higgins, Inc., for a
bid of $212,157.49 + ] 0% contingency - Approved 4/0
1]. PUBLIC COMMENTS ON GENERAL TOPICS
A. Tammie Nemecek: Board motion to reconsider Agenda Item #16AI0-
Approved 3/1 (Commissioner Halas opposed); Motion to approve
agenda item #16AlO as stated in Executive Summary - Approved 4/0
B. Steven Harrison from NABOR regarding increase of foreclosures in the
Collier County real estate market; Motion to work with local business
and staff to bring foreclosure issue back for discussion at a future Board
Meeting - Approved 4/0
C. Matt Sexton: Encourage board support for NA WCA Grant
Application; Commissioner Coletta: Motion to direct staff to work with
Mr. Sexton to pursue the North American Wetlands Conservation Act
Grant with review by County Attorney Office and for chairman or
Conservation Collier designee to sign application for submittal by
August 1, 2008 - Approved 4/0
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners approve an
Employee Disciplinary Policy and a Commitment To Fair Treatment Policy
for administrative staff employees working under the supervision of the
Executive Manager to the Board of County Commissioners, to supersede the
current disciplinary policy approved by the Board on July 25, 2006.
Motion to approve CMA 5351A detailed in the Executive Summary _
Approved 4/0
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July 22, 2008
13. OTHER CONSTITUTIONAL OFFICERS
A. Recommendation that the Board of County Commissioners approves an
amendment to Collier County's False Alarm Ordinance No. 97-8, as
amended, and proposed by the Collier County Sheriffs Office, to change
whether a deputy II shall II write a violation to II may, II to change attendance in
a program to participation, to clarify fines and violations and to change
Special Master to Magistrate.
Motion to approve proposed change to Ordinance and bring back to
board after proper advertising - Approved 4/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Coletta: Toll future action regarding Immokalee chicken
lady (CEB Case) - Consensus
B. Commissioner Coletta: Discussion on the Copeland Prison shooting
range and possible removal of area of critical concern special treatment
overlay on property
C. Jim Mudd: Milano Series company relocation project for a possible
early application for county incentive programs; bring back at a future
BCC Meeting for final approval - Consensus
D. Jim Mudd: Discussion with state DEP and representatives regarding
Delnor Wiggins State Park parking options and funding
E. Jim Mudd: Item #10K June 24, 2008 BCC Meeting - County Manager's
letter to Clerk; approve request to bid for auditing services - Consensus
F. Commissioner Halas: Southeast Council Alligator Alley letter
opposition to FDOT lease
G. Motion to adjourn - Approved 3/0 (Commissioner Coletta absent)
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 lor Adopted w/changes - 4/0
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July 22, 2008
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation that the Board of County Commissioners approves a
Fee Payment Assistance Program Agreement with Arthrex
Manufacturing, Incorporated consistent with the provisions of the Fee
Payment Assistance Program and the company's approved incentive
application.
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Sussex Place
W /release of any Utilities Performance Security
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for Ashton Place.
W /release of any Utilities Performance Security
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Prestwick Place.
W /release of any Utilities Performance Security
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for St. Agnes Church.
W /release of any Utilities Performance Security
6) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to execute an Interlocal Fire Impact Fee
Reconciliation Agreement between Collier County and the City of
Marco Island in order to correct the erroneous payment of Fire Impact
Fees by the County. (This item is the companion to Item #16A7)
As Detailed in the Executive Summary
7) Recommendation that the Board of County Commissioners approves
and authorizes its Chairman to execute an Interlocal Fire Impact Fee
Reconciliation Agreement between Collier County and the Big
Corkscrew Island Fire Control and Rescue District, the East Naples
Fire Control and Rescue District, the Golden Gate Fire Control and
Rescue District, the Immokalee Fire Control District and the North
Naples Fire Control and Rescue District in order to correct the
erroneous payment of Fire Impact Fees by the County and
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July 22, 2008
Administrative Fees collected related to those erroneous payments.
(This item is a companion to Item #16A6)
As Detailed in the Executive Summary
8) Recommendation that the Board of County Commissioners (BCC)
approves the offsite removal of up to 700,000 cubic yards of excess
fill from the Lely Resort. The excess fill is a result of previously
approved development and lake excavation within Lely Resort and the
material is also tied to current and proposed excavations that are in
substantial conformance with the approved PUD Master Plan.
The excavation is for the multiple lakes remaining in the Master
Plan
9) Recommendation that the Board of County Commissioners considers
approving the request by the Economic Development Council of
Collier County to extend the sunset date of the Fee Payment
Assistance Program, the Property Tax Stimulus Program, the Job
Creation Investment Program and the Advanced Broadband
Infrastructure Investment Program from the current date of October I,
2008 to October I, 2013.
Motion to reconsider item - Approved 3/1 (Commissioner Halas
opposed); Motion to approve agreement as presented in the
Executive Summary (not as stated on the agenda change sheet-
Approved 4/0
10) Recommendation that the Board of County Commissioners approves
the Second Memorandum of Agreement and Support: Approach to
Identification and Distribution of Incremental Revenue from the
Catalyst Project for Economic Development Florida's Rural Areas of
Critical Economic Concern (RACEC) and authorize the Chairman to
sign the Agreement.
Recommendations are that revenue generated from this program
will be dedicated for and used to assist in additional funding for
the County's Economic Development Incentive programs
including: Fee Payment Assistance Program, Job Creation
Program and the Job Retention Program
11) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearinl!: be held on this item, all
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July 22, 2008
participants are required to be sworn in. Recommendation to
approve for recording the final plat ofLely Barefoot Beach Unit Five.
The Developer must receive a Certificate of Adequate Public
Facilities prior to issuance of the Construction Plan Final
Approval Letter
12) Recommendation to accept an alternate security from the current
owner of Tuscany Reserve, and to enter into a new Construction,
Maintenance and Escrow Agreement for Subdivision Improvements.
Release WCI from the existing Agreement and return the posted
Performance Security
13) Recommendation to grant final approval of the landscape and
irrigation improvements for the final plat of Reflection Lakes at
Naples Phase 10 (Walnut Lakes PUD) with the landscape and
irrigation improvements being privately maintained.
Resolution 2008-204 w/release of the Maintenance Security
14) 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. This is a recommendation
to approve for recording the final plat of Cordoba at Lely Resort,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations as detailed in the Executive Summary
15) 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 Hideaway Storage/Domestic.
The Developer must receive a Certificate of Adequate Public
Facilities prior to issuance of the Construction Plan Final
Approval Letter
16) Request approval by the Board of County Commissioners to extend
the Site Development Plan (SDP) approval time limit from 2 years to
3 years when construction has not begun and to extend the time limit
from 18 months to 30 months when construction has begun for
projects currently approved but outside the timeframe as being
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July 22, 2008
proposed by the amendment to the Collier County Land Development
Code, Section 10.02.03, Submittal Requirements for Site
Development Plans.
Due to current housing market, the developer will be able to work
under the same approval if economic circumstances permit
17) Recommendation to the Board of County Commissioners to direct
staff to add to the existing GMP amendment petition CPSP-2006-13
the revision of an acreage figure in the Golden Gate Area Master Plan
pertaining to the Center Point Church Conditional Use, and text
recognizing two existing exceptions to Conditional Use locational
restrictions.
To be incorporated into the 2006 GMP Amendment Cycle in
August and September, 2008
18) Request that the Board of County Commissioners (Board) approves a
resolution to direct the County Manager or his designee to invoke
Article I, Chapter 38, Sec. 38-7, of the Code of Laws and Ordinances,
Post-Disaster Recover / Determination of Damage, Build-back Policy,
Moratoria, Emergency Repairs, and Emergency Permitting System,
and by doing so allow for the repair and replacement of damage to all
structures in the Immokalee Farmers Market damaged by Hurricane
Wilma.
Resolution 2008-205
Moved from Item #17C
19) A request of the Board of County Commissioners (BCC) to approve a
Resolution to extend the term of the ad hoc East of County Road 951
Infrastructure and Services Horizon Study Public Participation Master
Plan Committee.
Resolution 2008-206
B. TRANSPORTATION SERVICES
]) Request the Board of County Commissioners approves and authorizes
the Chairman to sign a Temporary Driveway Access Agreement
allowing homeowners to continue using their existing unpermitted
access to Green Boulevard.
Page 17
July 22, 2008
Withdrawn
4)
6)
7)
Ten residents have signed agreements for the temporary access
and currently have unpermitted access to Green Boulevard;
identified in the Long Range Transportation Plan for extension
and improvement. The property owners will pay recording costs
2)
Recommendation to approve Change Order # 1 to add $588, III for
continuing Inspection Services for Consul-Tech Construction
Management, Inc. under ITN 06-3583 CEI Services for Collier
County Road Projects for Project No. 62081, Santa Barbara
Boulevard from Davis Boulevard to Copper Leaf Lane.
As detailed in the Executive Summary
3)
Recommendation to award Bid #08-5027 for the Bayshore Drive
Bridge Lighting & Landscape Installation Project LAP FM #412559
to E.B. Simmonds Electrical, Inc. with a base amount of$53,762.15
and alternate in the amount of$16,309.16 for a total of$70,071.31.
Recommendation to award Bid #08-5061 Golden Gate Parkway
(Livingston Road to 66th Street) and (60th Street to Santa Barbara
Blvd.) Roadway Grounds Maintenance to Ground Zero Landscaping
Services, Inc. in the amount of $4 1,651.39 (Fund Ill, Cost Center
163831).
For 1.5 miles of Landscaping and irrigation
5)
Recommendation to approve an extension to the due date for the
posting of a bond in the US 41 Consortium Developer Contribution
Agreement (DCA), recorded at O.R. Book 4303, Page 2349 to
October 31, 2008.
Recommendation to reject a $5,000 bid on a vacant, 10-acre parcel of
surplus land. Project #60171. (Fiscal Impact $0)
Staff recommends waiting for a stronger market and then try to
sell property or to consider donation ofthe surplus property
Recommendation to award Bid #08-5091 "US 41 North (SR 45)
Phase IV Effluent Water Conversion" to Hannula Landscaping in the
amount of $51 ,386.20. (Fund Ill, Cost Center: 163820)
With a 10% contingency for a total of $56,524.82
Page 18
July 22, 2008
8) Recommendation to approve Work Order #BR-FT-5045-08-01 to
Better Roads for the Forest Lakes MSTU Bond Project F-47 Milling
& Overlay Forest Lakes Drive and side streets from Forest Lakes
Boulevard to south end using the Annual Contract for Roadway
Contractors, Contract No. 08-5045, in the amount of $431, 149.
9) Recommendation to approve an Agreement to construct a turn lane for
The Rock Christian Church in exchange for the donation of property
required for the Collier Boulevard expansion project. Project No.
68056. (Fiscal Impact: recording fees not to exceed $100)
As Detailed in the Executive Summary
10) Recommendation to authorize the Chairman to execute an easement
instrument to convey a utility easement to Florida Power and Light
Company (FPL) at the Freedom Park (aka Gordon River Water
Quality Park).
For the construction, operation, and maintenance of overhead and
underground electric utility facility for Project No. 51018
Moved to Item #10M
11) Recommendation to approve award of Bid No. 08-5069 to Douglas N.
Higgins, Inc. for completion of the Willow West Stormwater
Improvements Project #510076 in the total amount of $218,834.
Located in the Willoughby Acres Area
12) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize additional revenue for the Collier
County Transportation Pathways Program in the amount of
$59,471.15 for Project No. 690811.
13) Recommendation to award Bid #08-5086 "Immokalee Sidewalk
Improvements" for construction of sidewalk improvements on
Roberts Avenue, North 9th Street, and North 1st Street to Cougar
Contracting, A Division ofC.W. Roberts Contracting Inc. in the
amount of$185,443.00 (Project #601202).
]4) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize revenue received for traffic
accidents in the amount of$3l,768.74 and to move previous
Page 19
July 22, 2008
recognized revenue in the amount of $33,871.23 to Fund 112, Project
#600761.
15) Recommendation to approve a Resolution authorizing implementation
of school zone speed limit reductions to 20 MPH during school arrival
and dismissal hours as indicated by flashing beacons and signs on
Westclox Street at a cost of$13,000.
Resolution 2008-207
16) Recommendation that the Board of County Commissioners approves a
Budget Amendment recognizing an additional $61,160 in Federal
Transit Administration Grant Section 5311 funds for Fiscal Year
2007/2008.
For the provision of transportation in a rural area; execution of
the Notification of additional funding
17) Recommendation to approve a Resolution to establish a Board policy
restricting the use of the Transportation Services Division Variable
Message Signs (VMS) to other Collier County Departments and
Elected Constitutional Officers and approving the recovery of
incurred costs as listed within Attachment A of the Resolution by the
Transportation Division.
Resolution 2008-208
18) Recommendation to approve and execute Contract Amendment
Number 6 between Collier County and the Florida Commission for
the Transportation Disadvantaged for funding in the amount of
$88,067.00 for the provision of transportation for qualified Medicaid
recipients.
Resolution 2008-209
19) Recommendation to approve and execute the Transportation
Disadvantaged Trip & Equipment Grant Agreement
FM#207246 I 8401/2072463840 I for a total project cost of$673,901.
Resolution 2008-210
20) Recommendation to ratify the purchase of two Golden Gate
Boulevard pond sites exceeding the authority delegated to the County
Manager or his designee under Resolution No. 2007-306.
Page 20
July 22, 2008
Related to the expansion of Golden Gate Boulevard from two
lanes to four lanes between Wilson Boulevard and DeSoto Blvd.
C. PUBLIC UTILITIES
1) Recommendation to approve budget amendments of approximately
$11, 100,000 to transfer projects from various water and wastewater
capital projects funds to a 2006 Revenue Bond Proceeds Fund to
segregate the projects funded by the 2006 Revenue Bond.
As Detailed in the Executive Summary
2) Recommendation to Reject RFP No. 08-5063 for an Annual Contract
for Analytical Laboratory Services.
Staff recommends re-issuing the RFP
3) Recommendation to approve the sole source purchase of four (4) odor
control blowers for the South County Regional Water Treatment Plant
from Florida Blower, Inc. in the amount of $116,968.32. Project No.
710651.
To replace the ones that have deteriorated due to corrosive
hydrogen sulfide gasses emitted from the water prior to the
softening treatment process
4) Recommendation to approve a Donation Agreement and Utility
Easement and approve a Release of Easement for the relocation of
infrastructure easements located on property owned by Vornado
Development, Inc. There are no associated costs to the Collier County
Water-Sewer District for this project.
Located on Palm Drive, northeast of and directly behind the
Town Center Mall
5) Recommendations to have the Chairman execute a Declaration to the
Public in the deed records in the Office 'of the Clerk of the County
evidencing the closure of the Immokalee Sanitary Landfill; recording
cost not to exceed $27.
Located at 700 Stockade Rd. and stopped receiving solid waste in
August 2004 and was capped in 2008
Page 21
July 22, 2008
6) Approve a Resolution authorizing the submission of a State Revolving
Fund low interest Construction Loan Application and authorizing the
Loan Agreement to the Florida Department of Environmental
Protection for the Wells #34 and #37 and Pipeline Replacement
Project #701582.
Resolution 2008-211
7) Recommendation to authorize submission of Amendment two (2) to
The State Revolving Fund Loan Agreement (WWG120597151 03)
through The Florida Department Of Environmental Protection (FDEP)
for the North County Water Reclamation Facility (NCWRF)
Expansion To 24.1 MGD Solid Stream, and the NCWRF Expansion
Landscape Installation, Project #739502.
8) Recommendation to approve the communication of concerns from the
Collier County Water-Sewer District, by letter, under the signature of
the Chair of the Board of County Commissioners, Ex -Officio, the
Governing Board of the Collier County Water-Sewer District, to the
South Florida Water Management District relative to the proposed
revisions to Florida Administrative Code Chapter 40E-2 and 40E-20
Authorizing General Use Permit by Rule for Outdoor Irrigation.
9) Recommendation to approve award of Bid #08-5079 in the amount of
$444,000 to Douglas N. Higgins for Master Pump Station 305 Project
#72546 & Project #73970 and approve necessary budget amendments.
Remove existing pumps, pipes and electrical panels and replace
with higher efficiency equipment
D. PUBLIC SERVICES
1) Recommendation to award Bid #08-5082: Sea Oat Planting for Collier
County Coastal Zone Management project to EarthBalance for Collier
County Beaches in the amount of $75,000 (Project #195-900441).
To plant sea oats and other native plants for beach dune
restoration and protection from beach erosion
2) Recommend Approval of a Budget Amendment totaling $99,874 from
Beach Renourishment/Pass Maintenance reserves to fund Doctors
Pass and Wiggins Pass Maintenance Dredging Project Construction
Page 22
July 22, 2008
Plans & Specifications which is part of the County's Beach
Renourishment Project #905221.
This will occur after this year's Sea Turtle Monitoring Season
3) Recommendation to approve a budget amendment recognizing $3,300
in revenue from Pepsi Bottling Group, Inc. as initial support funds and
appropriating funds for purchase of additional non food resale
merchandise items.
Including sun tan lotion, softballs, and sunglasses at Sun-N-Fun
Lagoon at Sunny's Snacks food concession
4) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Subrecipient Agreement
providing Supplemental Disaster Recovery Initiative (DR!) funding in
the amount of$75,000 to the Collier County Housing Development
Corporation for purchase and installation of an additional back-up
generator for a sewer lift station in Copeland.
To provide additional funding for housing, public facility
improvement and repairs related to Hurricane Wilma
5) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, an amendment to the Community
Development Block Grant (COB G) Funding Agreement between
Collier County and the Collier County Housing Authority for public
improvements to Farm Worker Village and Horizon Village.
For replacement of 47 roofs and installation of approximately 35
street lights
6) Recommendation that the Board of County Commissioners approves,
and authorizes its Chairman to sign, a Resolution amending the State
Housing Initiative Partnership (SHIP) Local Housing Assistance Plan
(LHAP) for Fiscal Years 2007-2008, 2008-2009 and 2009-2010, to
allow SHIP assistance when funds are allocated to a non-profit or for-
profit housing developer to acquire and rehabilitate eligible existing
dwelling units.
Resolution 2008-212
7) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Magda
Page 23
July 22, 2008
Arizmendi (Owner) for deferral of 100% of Collier County impact
fees for an owner-occupied affordable housing unit located at Vistas
III at Heritage Bay, Unit 1604, North Naples.
Impact Deferral in the amount of $19,411.65
Continued to the September 9, 2008 BCC Meeting
8) Recommendation to adopt a Resolution establishing the Collier
County Domestic Animal Services Fee Policy as of October 1, 2008
and superseding resolutions 95-107, 95-106, 93-404, and all other
resolutions establishing animal services-related fees.
9) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 117, Liberty Landing, Immokalee.
Impact Deferral in the amount of $12,442.46
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 Guerline
Moleus (Owner) for deferral of 100% of Collier County impact fees
for an owner-occupied affordable housing unit located at Lot 38, Trail
Ridge, East Naples,
Impact Deferral in the amount of $19,372.46
12) Recommendation to award Bid #08-5062 in the amount of $381 ,500
to Carter Fence Company, Inc., for the repair and installation of new
chain link fence for five County park projects located at various sites.
For the following Parks: Golden Gate Community, Gulf Coast
Community, Starcher Petty, Veterans Community and the
Vineyards Community
Page 24
July 22, 2008
13) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Nereyda
Bravo (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 41, Trail
Ridge, East Naples.
Impact Deferral in the amount of $19,372.46
14) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Leonel
Rives Soto and Mabel Breijo Dominguez (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 129, Trail Ridge, East Naples.
Impact Deferral in the amount of $19,372.46
15) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Javier
Medellin Olvera and Maria L. Gutierrez (Owners) for deferral of
100% of Collier County impact fees for an owner-occupied affordable
housing unit located at Lot 136, Trail Ridge, East Naples.
Impact Deferral in the amount of $19,372.46
16) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Mariela
Pena (Owner) for deferral of 100% of Collier County impact fees for
an owner-occupied affordable housing unit located at Lot 97, Liberty
Landing, Immokalee.
Impact Deferral in the amount of $12,442.46
17) Recommendation to approve the after-the-fact submittal of the
attached State of Florida Cultural Facilities Program grant application
to the Division of Cultural Affairs for a $500,000 grant for
construction of the Marco Island Historical Society Museum.
18) Recommendation to approve a $15,122 grant agreement from the
State of Florida Division of Emergency Management for a Pet
Friendly Shelter project and approve the associated budget
amendment.
For roll down shutters for our Pet Friendly Park Shelter located
at 15000 Livingston Road
Page 25
July 22, 2008
19) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Faidherbe
Louis and Gladys Rincher (Owners) for deferral of 100% of Collier
County impact fees for an owner-occupied affordable housing unit
located at Lot 42, Liberty Landing, lmmokalee.
Impact Deferral in the amount of $12,442.46
20) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an amendment to Home
Investment Partnership Program (HOME) Subrecipient Agreement
with the Collier County Housing Authority for the Tenant Based
Rental Assistance (TBRA) program.
To help 46 families with rent and utility assistance
21) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 45, Liberty Landing, Immokalee.
Impact Deferral in the amount of $12,442.46
22) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a lien agreement with Habitat for
Humanity of Collier County Inc. (Developer) for deferral of 100% of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 118, Liberty Landing, Immokalee.
Impact Deferral in the amount of $12,442.46
23) Recommendation to approve a long-term agreement between Collier
County and the City of Naples for reciprocal beach parking and equal
rights and privileges to all City facilities for an annual payment by the
County in the sum of $1 ,000,000.
To continue to provide free parking to all county residents
E. ADMINISTRATIVE SERVICES
1) Recommendation to approve a First Amendment to Radio Tower
Lease Agreement with The Chalet of San Marco Condominium
Page 26
July 22, 2008
Association, Inc., for additional space within the equipment room, for
an increased cost of$353.98 per month.
To be paid retroactively as of March 1,2008
2) Recommendation to approve the award of Contract #07-4160 to EMC
Corporation for Information Technology Service Management
software and related professional services for $164,593.00.
As detailed in the Executive Summary
Moved to Item #10L
3) Recommendation to ratify additions to and deletions from the 2008
Fiscal Year Pay and Classification Plan made from April I, 2008
through June 30, 2008.
4) Recommendation to approve award of Contract #08-5009 to Sire
Technologies Corporation for an Enterprise Content Management
System and related professional services in the amount of $232,727.
5) Recommendation to approve an agreement to purchase natural gas
from Peninsula Energy Services Company, Inc., (PESCO) and the
installation of natural gas piping by TECO Peoples Gas for the Main
Government Complex.
That will be used to heat the jail and new edition to the jail
6) Recommendation to approve the renewal of the Group Dental
Insurance program through Cigna Dental Plan, Inc. for a one-year
period effective January I, 2009 at the current rates, terms and
conditions.
7) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of May 22, 2008 through June 30, 2008
8) Recommendation to reject RFP #08-5068, Physical and Biological
Monitoring for Collier County Coastal Zone Management Projects for
Coastal Zone Management, and approve the re-solicitation of the
servIces.
Page 27
July 22, 2008
9) Recommendation to approve one (I) License Agreement with
SpectraSite Communications, LLC, and two (2) License Agreements
with American Tower Asset Sub., LLC, for antenna space needed for
the County's SafePoint Location System, a component of the
County's 800 MHz public safety radio network, at a first years
combined rent cost of $21 ,000.
Three separate locations: Mile marker 51.2 on 1-75, East Lehigh
Acres and Immokalee; with three Agreements for five years each
10) Recommendation to approve amendment #5 to Contract No. 05-3661
Disaster Debris Management Removal and Disposal Services with
AshBritt Inc., Crowder GulfInc., and Phillips & Jordan Inc. to add
Florida Highway Administration (FHW A) Emergency Relief (ER)
Program Requirements so that Collier County remains in compliance
with FHW A requirements to receive compensation for construction
contract work that falls under emergency and permanent restoration
projects on federal roadways.
As Detailed in the Executive Summary
11) Recommendation to confirm and consent to the re-assignment of
Contract No. 07-4 126, Janitorial Services from OneSource Facility
Services Inc. to ABM Janitorial Services-Southeast, Inc.
Due to stock purchased on July 1, 2008
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners adopts a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non-ad valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit for maintenance of the water
management system, beautification of recreational facilities and
median areas and maintenance of conservation or preserve areas, and
establishment of Capital Reserve Funds for ambient noise
management, maintenance of conservation or preserve areas,
including the restoration of the mangrove forest, U.S. 41 berm, street
signage replacements within the median areas and landscaping
improvements to U.S. 41 entrances, all within the Pelican Bay
Municipal Service Taxing and Benefit Unit.
Page 28
July 22, 2008
Resolution 2008-213
2) Recommendation to waive Emergency Medical Services charges for
the transport/evacuation of a special needs patient during the Golden
Gates Estates fire in the amount $761.25.
As Detailed in the Executive Summary
3) Recommendation that the Board of County Commissioners approves a
purchase order under Contract #05-3831 to Solid Resources, Inc. for
Technical Assistance with close-out processes for Hurricanes Charley
and Wilma and approve necessary budget amendments. ($120,976.50)
4) Approve budget amendments.
To refund Impact fees for cancelled Building Permits
(BA #08-345)
5) Recommendation that the Board of County Commissioners approves
budget amendments in the amount of $20,000 to reduce the transfer of
excess funds from the Law Library Fund (640) to Court Innovations
Fund (192); reduce reserves in Court Innovations Fund (192).
To purchase books for the Law Library
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2007-08 Adopted Budget.
Resolution 2008-214
7) Recommendation to approve a Tactical Medic Program Interlocal
Agreement between the Collier County Board of County
Commissioners and the Collier County Sheriffs Office.
To provide specialized pre-hospital emergency medical support
8) Review of quarterly report on activities in the Collier County Tourism
industry.
Results are for January 2008 through May 2008
9) Recommendation to approve a Modification to the Fiscal Year 2008
Emergency Management Preparedness and Assistance Grant
Page 29
July 22, 2008
accepting $42,045 and approve a Budget Amendment to recognize
and appropriate the revenue.
For salaries and benefits
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Report to the Collier County Community Redevelopment Agency
(CRA) providing an update on a proposed November 4, 2008 public
referendum allowing the CRA to incur debt and to delay indefinitely
the pursuit of a referendum.
2) Recommendation that the Community Redevelopment Agency (CRA)
approves Local Advisory Board members and four CRA staff
attendance at Florida Redevelopment Association 2008 Annual
Conference; authorizes payment of attendees registration, lodging,
travel and per diem from the Bayshore Gateway Triangle Trust Fund
(Fund 187) travel budget; and declares the training received as serving
a valid public purpose.
To be held in Tampa on October 22-24, 2008
3) Recommendation that the Community Redevelopment Agency (CRA)
approves CRA staff and County Legal Counsel attendance at Florida
Brownfields Association 2008 Annual Conference; authorizes
payment of attendees registration, lodging, travel and per diem from
the Bayshore Gateway Triangle Trust Fund (Fund 187) travel budget;
and declares the training received as serving a valid public purpose.
To be held in St. Pete Beach on October 26-28, 2008
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
1) Items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
Page 30
July 22, 2008
1) To obtain Board approval for disbursements for the period of June 14,
2008 through June 20, 2008 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of June 21,
2008 through June 27, 2008 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of June 28,
2008 through July 04,2008 and for submission into the official
records of the Board.
4) To obtain Board approval for disbursements for the period of July 05,
2008 through July II, 2008 and for submission into the official
records of the Board.
5) Recommendation that the Collier County Board of Commissioners
approves a resolution, pursuant to section 10 1.00 1 (1), Florida statutes,
to alter precinct boundaries in Precinct 501 to be contiguous with
Precinct 502, and correcting the boundaries for Precinct 505 to reflect
its true boundaries to be consistent with its legal description.
Resolution 2008-215
6) Recommendation that the Board of County Commissioners approves
the refund of $4, 133.06 to three (3) vendors providing food and drink
concessionaire services at four (4) Parks locations.
Locations: Vanderbilt Beach, Barefoot Beach, Tigertail Beach,
and Golden Gate Aquatic Center. The vendors are: Day-Star
Unlimited, Inc. d/b/a Cabana Dan's, Recreational Facilities of
America, Inc., and That's Amore' in Napoli, Inc.
7) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for the time period April I,
2008 through June 30, 2008.
8) Recommendation that the Board of County Commissioners approves
and signs the State of Florida annual local government financial report
for the Fiscal Year 2006-2007 as required by Florida Statute 218.32,
As part of the Annual Audit
Page 31
July 22, 2008
K. COUNTY ATTORNEY
1) This item has been continued from the June 24, 2008 BCC
Meetinl!: and further continued indefinitely. Recommendation to
authorize an Offer of Judgment for Parcel 124 by Collier County to
property owners, Jeannie and Donald Fields in the lawsuit styled CC
v. Pacal J. Murray, et al., Case No. 07-4784-CA (Santa Barbara
Extension Project No. 60091 )(Fiscal Impact: If accepted, $168,803).
2) Recommendation that the Board of County Commissioners approves
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: $5,700.00).
3) Recommendation to approve a Stipulated Final Judgment in the
amount of$38,000 for Parcel Nos. 122 and 722 in the lawsuit styled
Collier County v. Gulfstream Homes, Inc., et al., Case No. 05-758-CA
(Collier Blvd. (CR 951, Project No. 65061). (Fiscal Impact
$13,852.50)
4) Recommendation that the Board of County Commissioners reviews
and approves the proposed FY 2008-2009 Action Plan for Jeffrey A.
Klatzkow, County Attorney.
5) Recommendation to Approve an Agreed Order Awarding Expert Fees
and Costs in Connection with Parcels 146 and 746 in the Lawsuit
Styled Collier County, Florida v, April Circle Ltd.. et al., Case No.
04-3679-CA (Immokalee Road, Project #60042) Fiscal Impact:
$28,891.
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $80,000 for Parcel No. 191 ROUE in the lawsuit styled
Collier County v. Pablo Sardinas, et al., Case No. 07-2824-CA (Oil
Well Road Project No. 60044). (Fiscal Impact $36,600.00)
7) Recommendation to approve a Stipulated Final Judgment in the
amount of$177,500 for Parcel No. 125FEE in the lawsuit styled
Page 32
July 22, 2008
Collier County v. Carlos Alvarez, et al., Case No. 07-2882-CA (Oil
Well Road Project No. 60044). (Fiscal Impact $77,448)
8) Recommendation to approve a Stipulated Final Judgment in the
amount of$86,530 for Parcel Nos. l29FEE and I 29TDRE in the
lawsuit styled Collier County v. Michael J. Crouch, et al., Case No.
07-3691-CA (Oil Well Road Project No. 60044). (Fiscal Impact
$39,730)
9) Recommendation to authorize an Offer of Judgment for Parcel
115FEE by Collier County to property owner Norma Farmilo,
Individually and as Trustee, in the lawsuit styled CC v. Robbie L.
Rayburn, et aI., Case No. 07-4268-CA (Santa Barbara Boulevard
Extension Project No. 60091) (Positive Fiscal Impact: If accepted,
refund of$ 50,382).
10) Recommendation that the Board of County Commissioners accept
Metcalf & Eddy, Inc.'s (M&E) offer of judgment to dismiss M&E's
counterclaims against Collier County and the Collier County Water
Sewer District (collectively County) in the lawsuit styled Collier
County and the Collier County Water-Sewer District v. Metcalf &
Eddy, Inc. and Travelers Casualty and Surety Co. of America, Case
No. 06-234-CA, in return for the County's payment of $125,000.00,
and to accept M&E's settlement offer to pay the County $25,000.00 in
return for a dismissal of the County's claims against M&E and its
surety, Travelers. (Fiscal Impact $67,000,00)
11) Recommendation to approve a Stipulated Final Judgment in the
amount of $22,500.00 for Parcel 141 in the lawsuit styled Collier
County v. Edward Stanley Sanditen, et aI., Case No. 02-5165-CA
(Immokalee Road Project No. 60018). (Fiscal Impact $11,500.00)
12) For the Board of County Commissioners to Consider Approval ofa
Settlement Agreement between Florida Power & Light Company and
Collier County relating to John Carlo v. Collier County, Case #07-
31 I -CA, now pending in the Twentieth Judicial Circuit in and for
Collier County, and authorize the Chairman to sign the Settlement
Agreement.
Page 33
July 22, 2008
13) For the Board of County Commissioners to Consider Approving a
Settlement Agreement in Lucky, M.K., Inc. v. Collier County and Jim
Coletta, Case No. 07-0958-CA, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida, and authorize the Chairman
to execute the Agreement.
14) Recommendation that the Board of County Commissioners approves a
partial release of lien in the Code Enforcement Action entitled Collier
County v. Douglas S. White, CEB No. 2004-081, relating to
homestead property located at 5750 14th Avenue SW (aka 5750
Lancewood Way), in Collier County, Florida.
15) Recommendation that the Board of County Commissioners authorizes
the partial release of liens in relation to Code Enforcement Actions
entitled Collier County v. Roilan Perez, CEB Case No. 2007-37, and
OSM Case Nos. 2007-030290 and 2007-080668, relating to property
located at 652 Pompano Drive, Collier County, Florida.
16) Recommendation that the Board of County Commissioners approves
the Proposed Joint Motion for an Agreed Order Awarding Costs
Relating to Parcel I 69RDUE in the Collier County v. Jose Munoz, et
al., Case No. 07-2823-CA, Oil Well Road Project #60044. (Fiscal
Impact: $5,700.00).
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.
Page 34
July 22, 2008
A. Recommendation that the Board of County Commissioners approves a
resolution to amend the Collier County Consolidated Impact Fee
Administrative Procedures Manual with respect to the way alternative
impact fee studies are conducted by removing the current Appendix 0 and
replacing it entirely with a new Appendix D and providing for payment of
costs associated with reviewing the applicants study or conducting the study.
Resolution 2008-216
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. SV-2008-AR-13059,
Stock Development, LLC, represented by Chris Mitchell of Waldrop
Engineering, is requesting two variances from Section 5.06.00 of the Land
Development Code (LDC) to allow a variance of 42 square feet from the
requirements of Section 5.06,04.16.b.i of the LDC to exceed the maximum
12-square-foot area requirement to allow an off-premise directional sign that
is 54 square feet on each side and a variance of 100 feet from the
requirements of Section 5.06.04,16.b.v of the LDC to exceed the maximum
1,000- foot distance separation for an off-premise sign to permit a sign that
is I, I 00 feet away from the Edison Campus use, for property located at the
southeast corner of the Grand Lely Drive/Rattlesnake Hammock Road (CR-
864) intersection, in Section 21, Township 50 South, Range 26 East, of
Collier County, Florida.
Resolution 2008-217
Moved to Item #16A19
C. A request of the Board of County Commissioners (BCC) to approve a
Resolution to extend the term of the ad hoc East of County Road 951
Infrastructure and Services Horizon Study Public Participation Master Plan
Committee.
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2006-AR-I0805,
Rinker Materials of Florida, Inc., represented by Robert J. Mulhere, AICP,
of R W A Consulting, Inc. and John M. Passidomo, Esquire, of Cheffy,
Passidomo, Wilson and Johnson, LLP; are requesting a Conditional Use
within a Rural Agricultural (A) with a Mobile Home Overlay (A-MHO)
Zoning District, pursuant to Section 2.04.03, Table 2, and Section
4.08.06.BA.b, of the Land Development Code, to allow earth mining and
related processing and production of material for a project to be known as
Page 35
July 22, 2008
Hogan Island Quarry, located three quarters of a mile north of the
Immokalee Road (CR-846) and Oil Well Grade Road intersection, in
portions ofSection(s) 9, 10, 15, 16,21, and 22, Township 47 South, Range
28 East, of Collier County, Florida
Resolution 2008-218
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
fiscal Year 2007-08 Adopted Budget.
Resolution 2008-219
F. Recommendation to approve the proposed changes of the Emergency
Medical Services Advisory Council Bylaws and the proposed amendment to
Ordinance No. 80-80, as amended.
Ordinance 2008-35
G. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2007-AR-1232 I
MDG Lake Trafford, LLC., represented by Robert L, Duane, AICP, of Hole
Montes, Inc., requesting a Planned Unit Development (PUD) Amendment to
Arrowhead PUD Ordinance Number 02-40, as amended, Section 8.5
Transportation subsections B., K., L,3., M. through P. and to add Section 9
Deviations to revise transportation commitments to construct project turn
lanes at Lake Trafford Road and Carson Road project entrances within one
year of approval of this ordinance; to construct turn lanes for the commercial
tract and shared north Carson Road entrance at the time of commercial site
development plan; to require acceptance of Carson Road extension from
Lake Trafford Road south to Immokalee Drive and westerly 450 feet of
Immokalee Drive by the Collier County Road Maintenance Department; to
construct intersection improvements at Lake Trafford Road and Carson
Road within one year of approval of Ordinance; to contribute funds for a bus
stop, to remit funds for turn lanes and signal modifications, to receive credit
for a turn lane; and to add Section 9 to seek a deviation from a transportation
requirement of sidewalks on both sides of Lake Trafford Road to allow a
sidewalk on the north side of the road only. The property is located at the
southwest comer of Lake Trafford Road (CR 890) and the proposed
extension of Carson Road in Section 6, Township 47 South, Range 29 East,
and Section 31, Township 46 South, Range 29 East, Collier County, Florida.
Ordinance 2008-36
Page 36
July 22, 2008
H. Adopt a Resolution amending Schedule Six of Appendix A to Section Four
of the Collier County Ordinance No. 2001-73, as amended, the Collier
County Water-Sewer District Uniform Billing, Operating and Regulatory
Standards Ordinance. This amendment includes a proposed rate for the
credit card convenience fee; and provides for an effective date of October I,
2008 for Schedules Six of Appendix A of the Ordinance.
Resolution 2008-220
I. Adopt a Resolution amending the Irrigation Quality (IQ) water customer
rates, which is Schedule Three of Appendix A to Section Four of Collier
County Ordinance No. 2001-73, as amended, the Collier County Water-
Sewer District Uniform Billing, Operating and Regulatory Standards
Ordinance.
Resolution 2008-221
Moved to Item #8H
J. This item requires that all particiuants be sworn in and ex uarte
disclosure be provided by Commission members. PUDA-2007-AR-
12043: First Assembly of God Naples, Inc., by J. David Mallory, president;
and MDG Fountain Lakes, LLC, William L. Klohn, president ofMDG
Capital Corporation, managing member; both of whom are represented by
Robert L. Duane, AICP, Hole Montes, Inc., are requesting an amendment
from the Planned Unit Development (PUD) zoning district to the Mixed Use
Planned Unit Development (MPUD) zoning district for a 69 acre project
known as the First Assembly Ministries Education and Rehabilitation
MPUD, to allow multi-family units, community facilities and church-related
uses. The subject property is located in the northeast quadrant of the
intersection of Collier Boulevard (CR 951) and The Lords Way in Section
14, Township 50 South, Range 26 East, Collier County, Florida.
(Companion to Petition RZ-2008-AR-12842)
Move to Item #81
K. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. RZ-2008-AR-12842:
Toll-Rattlesnake, LLC, represented by Robert Duane, AICP, of Hole Montes
Inc., is requesting a rezone of the easternmost 10 acre portion of the First
Assembly Ministries Education & Rehabilitation PUD from the Planned
Unit Development (PUD) zoning district to the Agricultural (A) zoning
Page 37
July 22, 2008
district. The subject property is located along the northern side of the
extension of The Lords Way, in Section 14, Township 50, Range 26, Collier
County, Florida. (Companion to Petition PUDA-2007-AR-12043)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 38
July 22, 2008