Recap 10/14-15/2008 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
October 14-15,2008
9:00 AM
Tom Henning, BCC Chairman Commissioner, District 3
Donna Fiala, BCC Vice-Chairman Commissioner, District 1; CRAB Chairman
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Fred W. Coyle, BCC Commissioner, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
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October 14-15, 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 AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Minister Paul Jarrett, Naples Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with Changes - 5/0
B. September 4,2008 - BCC/Budget Hearing
Approved as Presented - 5/0
C. September 7, 2008 - BCC/Hurricane Ike Emergency Meeting
Approved as Presented - 5/0
D. September 9-10, 2008 - BCC/Regular Meeting
Approved as Presented - 5/0
E. September 18, 2008 - BCC/Budget Hearing
Approved as Presented - 5/0
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October 14-15,2008
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards:
5- Year Recipients:
1) Sydney Blum - County Government Productivity Committee
Presented
2) Clay Brooker - Development Services Advisory Committee
Presented
3) Reginald Buxton - Collier County Citizens Corps
Presented
4) Robert Murray - Collier County Planning Commission
Presented
5) Irene Williams - Black Affairs Advisory Board
Presented
10- Year Recipients:
6) Wilfred Jaeger - Radio Road Beautification Advisory Committee
Presented
4. PROCLAMATIONS
A. Proclamation designating October, 2008 as Breast Cancer Awareness
Month. To be accepted by Miriam Ross, Executive Director, Susan G.
Komen for the Cure Southwest Florida.
Adopted - 5/0
B. Proclamation designating the month of October, 2008 as National Code
Compliance Month. To be accepted by Diane Flagg, Code Enforcement
Director.
Adopted - 5/0
C. Proclamation designating October 21 st through October 31, 2008 as Red
Ribbon Week. To be accepted by Chief Scott Salley, Collier County
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October 14-15,2008
Sheriffs Office.
Adopted - 5/0
D. Proclamation designating October 14, 2008 as Murray Hendel Day. To be
accepted by Murray Hendel.
Adopted - 5/0
E. Proclamation designating Friday, October 24, 2008 as The Day of the Red
Walk In Collier County. To be accepted by JoAnne Grieco, Lely Elementary
Vice Principal.
Adopted - 5/0
F. Proclamation designating October 18, 2008 as NAACP Freedom Fund Day.
To be accepted by Cheryl Seals Gonzalez, Harold Weeks and Anthony
Denson.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation to Lindy Adelstein for his seven years of service to the Collier
County Board of County Commissioners and to the citizens of Collier
County while serving as a Planning Commissioner, Collier County Planning
Commission from September 25,2001 to August 7, 2008. Presented by
Commissioner Donna Fiala.
Presented
B. Recommendation to recognize Alicia Abbott, Project Manager, Public
Utilities Engineering Department, as Employee of the Month for September
2008.
Presented
6. PUBLIC PETITIONS
A. Public petition request by John Barlow to discuss single family foreclosures
- problem or opportunity?
County Attorney to prepare a legal opinion regarding SHIP and check
with other counties on how they are handling this issue; to be brought
back to a future BCC Meeting.
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October 14-15, 2008
B. Public petition request by Brad Cornell to discuss an energy efficiency
proposal.
Discussed; Audubon Society and Conservancy are paying to have an
energy audit done for Collier County
C. This item was continued from the September 23, 2008 BCC meetin2.
Public petition request by Clay Brooker to discuss delayed improvements at
Pine Ridge RoadlWhippoorwill Lane intersection and associated fines.
Motion for transportation staff to accept improvements without fines
and also recognize and accept $7,000 from petitioner for future
intersection improvements - Approved 4/1 (Commissioner Halas
opposed)
Item 7 and 8 to be heard no sooner than 1:00 D.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
October 15,2008
A. This item to be heard at 9:00 a.m. on October 15, 2008. This item
requires that ex parte disclosure be provided bv Commission Members.
Should a hearin2 be held on this item, all participants are required to be
sworn in. ADA-2008-AR-13529 Theodore J. Raia, Jr., requesting an
administrative appeal of the previously approved SDPA-AR-12644. The
applicant believes the approval of SDP A-AR-12644 violates the Pelican Bay
Planned Unit Development Ordinance (Ordinance No. 04-59) and the
Collier County Land Development Code (Ordinance No. 04-41) as they
existed on the dates the plan was submitted and approved. The subject
property is located in Waterpark Place, Phases III and IV in the Pelican Bay
PUD, in Section 4, Township 49S, Range 25E, Collier County, Florida. The
back up information for this item is located at the Board of County
Commissioners Office, 3301 E. Tamiami Trail Naples, FL 34112.
Resolution 2008-308: Motion to deny petition and uphold staff's official
interpretation - Adopted 5/0
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 1 :00 p.m., after Item #12B. This item requires
that ex parte disclosure be provided bv Commission Members. Should a
hearin2 be held on this item, all participants are required to be sworn
in. Petition CPSP-2007-7, School Concurrency Growth Management Plan
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October 14-15, 2008
amendments Capital Improvement Element (CIE); Intergovernmental
Coordination Element (ICE); Future Land Use Element and Map Series;
Golden Gate Area Master Plan (GGAMP) Element; Immokalee Area Master
Plan (IAMP) Element; and new Public School Facilities Element and
support document and Public School Facility Planning and School
Concurrency Interlocal Agreement (Adoption Hearing).
Ordinance 2008-55 - Adopted staff's recommendations (Page 4 #1-5)
and recommended changes (newly proposed text and grammatical
corrections) - 5/0
B. Public Hearing for the 2006 Cycle of Growth Management Plan
Amendments. (Adoption Hearing)
CP-2006-5: Ordinance 2008-56 - Adopted 5/0;
Motion to combine CP 2006-7 & CP 2006-8 into one sub-district with
"Exhibit A" distributed during today's meeting - Approved 5/0
CP-2006-7 & CP-2006-8: Ordinance 2008-57 - Adopted 5/0;
CPSP-2006-12: Ordinance 2008-58 - Adopted 5/0;
CPSP-2006-13: Ordinance 2008-59 - Adopted 5/0
C. This item requires that ex parte disclosure be provided bv Commission
Members. Should a hearin2 be held on this item, all participants are
required to be sworn in. PUDZ-A-2007-AR-119l4, Germain Properties of
Columbus, Inc., represented by Dominick J. Amico. P.E., of Agnoli, Barber
and Brundage, Inc. and Robert J. Mulhere, AICP, ofRW A, requesting a
rezone from Planned Unit Development Ordinance No. 90-50 to
Commercial Planned Unit Development (CPUD) to be known as Germain
Toyota CPUD. The purpose of the request is to increase the maximum
building area from the current maximum of 60,000 square feet to a
maximum of 130,000 square feet. The 13.05+ acre subject property is
located at 13329 Tamiami Trail North; lying in the southwest quadrant of
the intersection of Tamiami Trail North (US 41) and Wiggins Pass Road
(CR-888), Section 16, Township 48 South, Range 25 East, Collier County,
Florida. (CTS)
Ordinance 2008-60 - Adopted w/CCPC recommendations and
stipulations - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Historical! Archaeological Preservation
Board.
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October 14-15,2008
Motion to re-advertise - Approved 4/1 (Commissioner Henning
opposed)
B. Appointment of member to the Golden Gate Estates Land Trust Committee.
Motion to re-advertise - Approved 5/0
C. Appointment of member to the Board of Building Adjustments and Appeals.
Resolution 2008-305: Appointing Randy Anderson - Adopted 5/0
D. Appointment of member to the Immokalee Master Plan and Visioning
Committee.
Resolution 2008-306: Appointing Pamela J. Brown - Adopted 5/0
E. To discuss continuation of the annual performance appraisal for the
Executive Manager to the Board of County Commissioners.
Motion to have County Manager, County Attorney and BCC Executive
Manager discuss all issues and bring back a proposal at a future
meeting - Approved 4/1 (Commissioner Coyle opposed)
F. Recommendation to approve an interlocal agreement with Lee County
regarding the administration of each County's Local Vendor Preference
Policy.
Approved - 4/1 (Commissioner Halas opposed)
10. COUNTY MANAGER'S REPORT
A. Review the Port of the Islands Marina and boat launch facility purchase
options and obtain direction from the Board of County Commissioners on
how to proceed. (Gary McAlpin, Coastal Zone Management Director)
Motion to continue this item and for staff to explore ideas and return
with specific proposals and recommendations - Approved 4/1
(Commissioner Halas opposed)
B. That the Board of County Commissioners (Board) provide staff guidance as
to how to proceed regarding the direction from the Board to amend the Land
Development Code (LDC) in order to address changes to the Land
Development Code regarding the parking of boats on trailers and
recreational vehicles in a front yard for more than six (6) hours. (Joseph K.
Schmitt, Administrator, CDES)
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October 14-15, 2008
Motion to approve Option #3 - Approved 5/0
C. Recommendation to consider the Habitat Conservation Plan Advisory
Committees recommendation to reduce the membership of the Habitat
Conservation Plan Advisory Committee from 13 members to 9 members and
to extend the Committees term 3 years. (Joseph K. Schmitt, Administrator,
CDES)
Resolution 2008-307 - Adopted w/changes 3/2 (Commissioner Coletta
and Commissioner Halas opposed)
D. Recommendation to approve award of Bid #08-5078 in the amount of
$1,887,800 to Douglas N. Higgins for Master Pump Station 302
Improvements and Purchase order to ITT FL YGT to purchase pumps in the
amount of $471,588 for a total amount of $2,359,388, Project #72548 and
#72549. (Jim DeLony, Public Utilities Administrator)
Approved - 5/0
E. Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign an agreement with the Agency for Health
Care Administration in the amount of$2,789,131 to participate in the
Medicaid Low Income Pool Program for services provided on behalf of the
Housing and Human Services Department in order to generate an additional
$485,309 in Federal matching funds. (Marcy Krumbine, Housing and
Human Services Director)
Approved - 5/0
F. Recommendation that the Board of County Commissioners provides
guidance to staff on whether to pursue a policy for reimbursement of
mileage expenses to Advisory Board Members and, if so, provides further
direction as to the parameters and conditions for said reimbursement. (Len
Price, Administrative Services Administrator)
Motion for County to reimburse all Advisory Board Members for
expense costs for actual miles over 20 miles roundtrip per meeting and
direct staff to bring back the funding mechanism - Approved 5/0
G. Request for the Board of County Commissioners to consider access
alternatives at the intersection of Whippoorwill Lane and Dudley Road.
(Nick Casalanguida, Transportation/Planning Director)
Approved w/stipulations - 4/0 (Commissioner Coyle absent)
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October 14-15,2008
H. Recommendation that the Collier County Board of County Commissioners
approves and authorizes the Chairman to sign a joint letter from Collier
County and Broward County to the Florida Department of Transportation
expressing unified opposition to the leasing of Alligator Alley to private
entities. (Debbie Wight, Assistant to the County Manager)
Approved - 5/0
Moved from Item #16B2
I. Recommendation that the Board of County Commissioners approves the
Memorandum of Agreement with the U.S. Fish and Wildlife Service (and
other signatories) and authorize the Chairman to sign the document.
Motion to continue - Approved 5/0
Moved from Item #16D22
J. Recommendation that the Board of County Commissioners approve and
authorize the Chairman to sign a subrecipient agreement providing for a
$900,000.00 Housing and Urban Development (HUD) grant to Habitat for
Humanity of Collier County, Inc. for infrastructure.
Approved - 4/1 (Commissioner Fiala opposed)
11. PUBLIC COMMENT ON GENERAL TOPICS
A. Phil Brohm - Manatee Park and concerns regarding site plan
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.011(8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, OCTOBER 14,2008, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. In addition to Board members, County Manager James Mudd,
County Attorney Jeffrey A. Klatzkow and Litigation Section Chief
Jacqueline Williams Hubbard will be in attendance. The Board in executive
session will discuss: Settlement negotiations and strategy related to litigation
expenditures in the pending litigation case of Francis D. Hussey, Jr. and
Mary P. Hussey and Winchester Lakes Corporation v. Collier County, The
Honorable Charlie Crist, and the Florida Department of Community Affairs,
Case No. 08-6933-CA, now pending in the Twentieth Judicial Circuit in and
for Collier County, Florida.
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October 14-15, 2008
Closed Session
B. This item to be heard at 1:00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
settlement negotiations and strategy related to litigation expenditures in the
pending litigation case of Francis D. Hussey, Jr. and Mary P. Hussey and
Winchester Lakes Corporation v. Collier County, The Honorable Charlie
Crist, and the Florida Department of Community Affairs, Case No. 08-6933-
CA, now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida.
Motion to take no action at this time and to direct the County
Attorney's Office to continue to argue the County's case - Approved 3/0
(Commissioner Coyle and Commissioner Coletta absent)
C. Recommendation that the Board of County Commissioners enters into a
Developer Agreement with DAD Development Corp., the Developer of
Pebblebrooke, which Agreement would 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 this building.
Approved - 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Jim Mudd - Letter from Ft. Myers Beach Mayor re: planning and
building review services
B. Commissioner Henning - Follow-up w/Ft. Myers re: permitting services
C. Jeff Klatzkow - Closed Session re: BCC vs. Blocker at the October 28,
2008 BCC Meeting at noon
D. Jeff Kaltzkow - Possible legal action against the state regarding
Alligator Alley - Consensus (Broward County would like to be included
if action is taken)
E. Commissioner Halas - Concern regarding public speaker and the
Manatee Park site plan
F. Commissioner Henning - Possible letter to Dr. Tober
G. Commissioner Halas - Fire District merger concerns
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October 14-15, 2008
H. Commissioner Henning - Letters to Independent Fire Districts must go
through the Board Office
I. Commissioner Fiala - Affordable housing/community balance
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
------------------------------------------------------------------------------------------------------------
Approved and/or Adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11
Resolution 2008-296
2) Recommendation that the Board of County Commissioners adopt a
Resolution pursuant to Section 288.106, Florida Statutes,
recommending that the Governor's Office of Tourism, Trade and
Economic Development approve Milano Series International
Products, Ltd. as a qualified target industry business, confirming that
the commitments of local financing necessary to support this target
industry are in place, and appropriating a total of $16,000 as local
participation in the Qualified Target Industry Tax Refund Program
(QTI) for Fiscal Years 2012-2017.
Resolution 2008-297
3) Recommendation that the Board of County Commissioners approve
the application by Milano Series International Products Ltd., for the
Job Creation Investment Program and the Property Tax Stimulus
Program.
The company will be relocating it's wholesale distribution center,
research and development and corporate headquarters from Mt.
Vernon, N ew York to an existing site in Collier County
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October 14-15, 2008
4) This item requires that ex parte disclosure be provided by
Commission Members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Ave Maria Phase Four,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /Stipulations - Located in Section 5, Township 48 South, Range
29 East
B. TRANSPORTATION SERVICES
1) Recommendation to adopt a Resolution prohibiting the operation of
trucks and other commercial vehicles having a rated load-carrying
capacity in excess of one (1) ton from through-movements on Oaks
Boulevard at a cost of $200.
Resolution 2008-298
Moved to Item #101
2) Recommendation that the Board of County Commissioners approves
the Memorandum of Agreement with the U.S. Fish and Wildlife
Service (and other signatories) and authorize the Chairman to sign the
document.
3) Recommendation to award a Construction Contract to Bonness, Inc.
for Radio Road (C.R. 858) median improvements from Kings Way to
Tina Lane in the amount of$5l6,505.46, Bid #08-5116, Project
#66065.
To remove and/or replace all curbs to create a uniform and
seamless project
4) Recommendation to adopt a Resolution authorizing a speed limit
increase from 35 mph to 45 mph on Goodlette Frank Road for the
northbound section from one-half mile south of Pine Ridge Road to
Pine Ridge Road.
Resolution 2008-299
5) Recommendation to approve the agreement between the State of
Florida Department of Transportation and Collier County to accept
bicycles and a demonstration trailer, which shall solely be used within
Collier County consistent with the Safe Routes To School program
Page 12
October 14-15, 2008
goals and guidelines.
Resolution 2008-300
6) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement (McDonalds, Immokalee
Road aka CR846 from US 41 TO 1-75) with two (2) roadway
recognition signs at a total cost of $150.00.
To perform litter removal in accordance with instructions within
the agreement
7) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement (Chrome Diva's
Motorcycle Club, Weber Boulevard North) with two (2) roadway
recognition signs at a total cost of $150.00.
To perform litter removal in accordance with instructions within
the agreement
8) Recommendation to approve an Agreement and accept a Drainage
Access and Maintenance Easement required for the Bayshore Drive &
Thomasson Drive Stormwater Improvement Project. Project #511341
- Estimated fiscal impact $54,030.00.
Providing the legal right to access and maintain the conveyance
way and add to the overall Lake Kelly Drainage Project outfall
system in compliance with the GMP
9) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement (Hamilton Harbor Yacht
Club, Fern, Bay and Danford Streets) with no fiscal impact for
roadway recognition signage involved.
To perform litter removal in accordance with instructions within
the agreement
10) Recommendation to approve two I-year traffic reservation extensions
associated with the approval of the Traffic Impact Statement
submitted with the Cirrus Point SDP AR #10427.
As detailed in the Executive Summary
11) Recommendation for the Board of County Commissioners to approve
a budget amendment to recognize revenue received from the FY2007
5309 Federal Transit Administration (FT A) grant in the amount of
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October 14-15, 2008
$238,000.
For fuel tanks for the future fueling facility at the new Collier
Area Transit Administration and Operations Center
12) To gain approval from the Board of County Commissioners of an
exception to the current hiring freeze policy to authorize the
Stormwater Management Section of the Road Maintenance
Department (Transportation Division) to advertise for and replace a
vacated essential Project Manager position
Due to various factors the County could not sponsor this
individual for a visa renewal past the expiration date of July 31,
2008
13) Recommendation that the Board of County Commissioners reject all
bids received for Bid #08-5040 for the construction of the Old US 41
Stormwater Improvements.
Due to funding for this project being withdrawn
C. PUBLIC UTILITIES
1) Recommendation to Award Bid Number 08-5098 for the furnishing
and delivery of Membrane Scale Inhibitor to American Water
Chemicals in the estimated amount of $150,000.
For the North and South County Regional Water Treatment
Plants which receive raw water from the Tamiami North
Hawthorn and South Hawthorn well fields
2) Recommendation to approve a budget amendment to appropriate
funds in the amount of $86,434 to reimburse the Collier County
Transportation Department for the installation of casing crossings
associated with the Reliability Wells Project # 71062.
For Collier Boulevard Six-Lane Improvements from Golden Gate
to Immokalee Road
3) Recommendation for the Board of County Commissioners of Collier
County, Florida, as Ex-Officio Board of the Collier County Water-
Sewer District, to adopt a Resolution approving a Florida Department
of Transportation (FDOT) Standard form Utility Work Agreement and
a FDOT Standard form Utility Work by Highway Contractor
Agreement regarding Collier County relocating its utility facilities
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October 14-15,2008
necessitated by FDOT replacing the Vanderbilt Drive (CR 901)
Bridge over the Cocohatchee River, Project #70045 and #73045 and
authorizing the Chairman to execute those Agreements. ($34,500)
Resolution 2008-301
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approve a
MetLIfe Foundation/Smithsonian Institution Community Grant
agreement for the development and implementation of a public
program related to Beyond Baseball: The Life of Roberto Clemente in
the amount of$2,200.00 and approve the necessary budget
amendments.
To make it possible for all fourth graders in Immokalee Public
Schools to be able to visit Beyond Baseball: The Life of Roberto
Clemente at North Collier Regional Park
2) 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 181, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
3) 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 182, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
4) 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 183, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
5) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a lien agreement with Habitat for
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October 14-15, 2008
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 184, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
6) 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 185, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
7) 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 186, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
8) 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 187, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
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 188, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
10) 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 1000/0 of
Collier County impact fees for an owner-occupied affordable housing
unit located at Lot 189, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
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October 14-15, 2008
11) 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 190, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
12) 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 191, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
13) 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 192, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
14) 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 193, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
15) 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 194, Trail Ridge, East Naples.
Deferral of Impact fees in the amount of $22,325.96
16) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $400,000.00 Housing and Urban Development (HUD)
grant to The Empowerment Alliance Corporation of SW Florida for
installation of infrastructure on a 14 acre site (Esperanza Place) in
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October 14-15, 2008
Immokalee, FL.
They will be sold to families earning 800/0 or less of the median
family income approximately 235 persons (60 families) will benefit
17) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an agreement with the Agency for
Health Care Administration in the amount of $78,050 to be used as
the local government match for State and Federal funding to operate
the Horizons Primary Care Center.
Providing for adult, pediatric and family health care services
18) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $30,000.00 Housing and Urban Development (HUD)
grant to Immokalee Non-Profit, Inc. for a Facility Manager for
Immokalee Non-Profit Housing, Inc.
For a recreational facility located in the Eden Park neighborhood
in Immokalee
19) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $33,217.00 Housing and Urban Development (HUD)
operating grant to The Collier County Housing Development
Corporation (CCHDC) to assist a Community Housing Development
Organization (CHDO)with their operations of affordable housing
opportunities for low to moderate income families throughout Collier
County.
Providing for a supplemental operating expense for the very low
and low income citizens of Collier County
20) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $99,653.00 Housing and Urban Development (HUD)
grant to The Empowerment Alliance Corporation of SW Florida for
Acquisition of a six acre parcel in Immokalee, FL for the development
of twenty-eight (28) single-family homes (Esperanza PI ace) that will
be sold to families earning 80% or less of median family income
(approximately 235 persons will benefit).
As detailed in the Executive Summary
Page 18
October 14-15,2008
21) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $94,007.00 Housing and Urban Development (HUD)
Emergency Shelter Grant (ESG) to St. Matthews House, Inc. to
provide emergency sheltering, temporary housing and direct services
for the homeless of Collier County and to assist with the employee
salaries, operations and maintenance of the St. Matthews House
facili ty.
As detailed in the Executive Summary
Moved to Item #10J
22) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $900,000.00 Housing and Urban Development (HUD)
grant to Habitat for Humanity of Collier County, Inc. for
infras tructure.
Located off Greenway Rd., Naples, known as Regal Acres, for 184
families
23) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $246,000.00 Housing and Urban Development (HUD)
grant to LaneMark Investments, Inc. who will undertake the
construction and development of thirty-six (36) affordable workforce
housing units known as The Townhomes at Esperanza which will be
located on Myrtle Lane, Naples, FL.
For households seeking affordable workforce housing and earning
800/0 or less of area median income
24) Recommendation for the BCC to approve an amendment to a
previously executed sub-lease agreement with the City of Marco
Island for boat dock improvements and usage of the Caxambas boat
dock marina.
Located at 909 Collier Court, Marco Island for the purpose of
installing a "boat dock and boat lift" for Fire Rescue and Police
Vessel
25) Recommendation that the Board of County Commissioners authorize
the Chairman to sign contract amendments between Collier County
Board of County Commissioners and the Area Agency on Aging of
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October 14-15, 2008
Southwest Florida, Inc., and approve budget amendments to reflect
funding for the FY08-09 program year in the amount of$827,715.
Providing in-home support for the frail elderly in Collier County
26) To enter into an agreement with Financial Marketing Concepts, Inc.
for the production and distribution of a discount pharmacy card for
residents of Collier County.
Staff recommends that revenues generated be donated to the
Physician Led Access Network
27) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $100,000.00 Housing and Urban Development (HUD)
grant to Youth Haven, Inc. to provide comprehensive and intervention
services for at-risk families with young children who are recently
homeless or at-risk of becoming homeless.
This Community Development Block Grant will assist
approximately sixty families with children with the age range of
11 and under; focusing on teaching life skills, budget preparation,
and parenting skills
28) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a subrecipient agreement
providing for a $25,000.00 Housing and Urban Development (HUD)
grant to Fun Time Early Childhood Academy, Inc. for the demolition
of its current building, and the return of the present site to its original
condition.
Located at 1010 5th Avenue North, Naples which is located in the
River Park Community
29) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FY09.
As detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES
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October 14-15, 2008
1) Recommendation to approve an amendment to the agreement with
Johns Eastern Company for property and casualty claims adjusting
services in the amount of$77,000.
The County's insurance policy requires that the excess carrier
approve the adjusting company due to the fiduciary interests of
both the county and the carrier
2) Recommendation to authorize and consent to the re-assignment of
Contract No. 06-3959, Annual Contract for Analytical Laboratory
Services for Collier County from ELAB Inc. to Pace Analytical
Services Inc. and to release ELAB, Inc. from liability after the
effective date of the Boards consent.
On July 8, 2008 staff was notified that Pace Analytical Services
Inc. had acquired the assets of ELAB Inc.
3) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
These reports cover the period from August 20, 2008 thru
September 22, 2008
F. COUNTY MANAGER
1) Recommendation that the Board of County Commissioners approve
Cooperative Agreement 40 1818G5 63 and Application for Federal
Assistance from the United States Department of the Interior Fish and
Wildl ife Service in the amount of $11,460 for the purchase of
equipment and protective clothing for the Ochopee Fire Control
District, authorize the Chairman to sign, and approve all necessary
budget amendments.
This type of clothing is crucial for wild land fire fighting and
necessary for the District to continue NFP A Standards of
protection
2) Approve Budget Amendments.
For annual Forest Fire Protection (BA #08-544)
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2008-302
Page 21
October 14-15, 2008
4) Authorization of a budget amendment reducing the budgeted transfer
to the Clerk to the Board by $60,000 in the Fiscal Year 2008-09
Adopted Budget.
Eliminate funding for the Clerk or Clerk's representative to
attend Board Meetings in an advisory capacity per Board
Communications at the September 23, 2008 Meeting
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
approve the purchase ofa residential (mobile home) lot in the
Bayshore area of the CRA as part of a CRA residential infill project;
to approve payment from and authorize the CRA Chairman to make a
payment from the Bayshore Gateway Triangle CRA Fund 187 in the
amount of $75,000 plus cost and expenses to complete the sale of
subject property. Site address: 3258 Lunar St. ($75,000).
2) To approve and execute Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area. (2737 Shoreview Drive)
In the amount of $7,676.00
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests reimbursement for attending a
function serving a valid public purpose. Commissioner Henning
attended Sheriff Don Hunter's retirement party on October 4,2008.
$45.00 to be paid from Commissioner Henning's travel budget.
Located at the Hilton Hotel, 5111 Tamiami Trail North, Naples
2) Commissioner Coyle requests Board reimbursement for attending a
function serving a valid public purpose. Attended Sheriff Don
Hunter's Retirement Party on October 4,2008 at the Hilton Hotel in
Naples, Florida. $45.00 to be paid from Commissioner Coyle's travel
budget.
Located at the Hilton Hotel, 5111 Tamiami Trail North, Naples
Page 22
October 14-15, 2008
3) Commissioner Fiala requests reimbursement for attending a function
serving a Valid Public Purpose. Attended Sheriff Don Hunters
Retirement Party on October 4th, 2008 at the Hilton Hotel in Naples,
FL. $45.00 to be paid from Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North, Naples
4) Commissioner Halas requests reimbursement to attend a function
serving a valid public purpose. Attending the Holocaust Museum of
Southwest Florida Advisory Board Reception on October 30, 2008 at
the Holocaust Museum. $20.00 to be paid from Commissioner Halas'
travel budget.
Located at 4760 Tamiami Trail North, Suite 7, Naples
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
September 13,2008 through September 19,2008 and for submission
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of
September 20, 2008 through September 26, 2008 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of
September 27, 2008 through October 03, 2008 and for submission into
the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a Settlement Agreement and Release in
the lawsuit styled Casimir Bator v. Collier County, Case No. 07-0065-
CA. (Fiscal Impact $20,491.00)
For claims of trespass, nuisance and ejectment against the County
2) Recommendation that the Board of County Commissioners approves
the First Amendment to the Collier County Emergency Services
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October 14-15, 2008
Medical Consultant Contract, which amends the agreement by having
Dr. Tober report directly to the Board of County Commissioners, and
to authorize Chairman to execute same and authorize use of new
letterhead.
3) Recommendation that the Board of County Commissioners authorize
a representative of the County Attorneys Office to bid on behalf of the
County at code enforcement lien foreclosure sales scheduled by the
Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE
MARTEL, Circuit Court Case No. 06-1902-CA, in an amount not to
exceed the value of the County's foreclosed lien interest
(approximately $180,000).
Located at 3175 and 3176 Karen Drive, Naples
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that ex parte disclosure be provided by Commission
Members. Should a hearin2 be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition A VPLA T-
2008-AR-13356, Pelican Bay Community Center, to disclaim, renounce and
vacate the County's and the Publics interest in the dedication of the upland
conservation area designated as Tract 1 to Pelican Foundation of Naples,
Inc., according to the plat thereof of Pelican Bay Unit Sixteen Parcel B,
Replat, recorded in Plat Book 22, Page 22 of the Public Records of Collier
County, Florida, situated in Section 33, Township 48 South, Range 25 East,
Collier County, Florida, and specifically depicted and described in Exhibit
A.
Resolution 2008-303
Page 24
October 14-15, 2008
B. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PUDA-2008-AR-
13063, Silver Lakes Property Owners Association of Collier County, Inc.
represented by Dwight Nadeau of R W A Consulting, Inc. request a PUD
Amendment to the Silver Lakes PUD (Ordinance No. 05-14) to provide
additional living space for specific accessory structures. The 146-acre
subject property is located approximately one and a half miles south of the
Tamiami Trail (US 41) and Collier Boulevard (CR 951) intersection in
Section 10, Township 51 South, Range 26 East, Collier County Florida.
(CTS)
Ordinance 2008-54
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget. ($8,510,012.77)
Resolution 2008-304
18. ADJOURN - Approved on October 15,2008 - 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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October 14-15, 2008