Recap 03/24/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
March 24, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
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."
March 24, 2009
Page 1
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 IMP AIRED 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
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 - 5/0
B. February 24, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Diane Deoss, Solid Waste
Presented
2) Gregory Harrison, Road Maintenance
Presented
March 24, 2009
Page 2
3) Robert Kohl, Water Department
Presented
4) Rudy Luna, Water Department
Presented
B. 25 Year Attendees
1) Phillip Cramer, Water Department
Presented
C. 30 Year Attendees
1) Mary Esch, EMS
Presented
D. 35 Year Attendees
1) Val Prince, Stormwater Management
Presented
E. Advisory Committee Service Awards
1) 5 Year Recipient: Councilman John F. Sorey, Ill; Tourist
Development Council and Collier County Coastal Advisory
Committee
Presented later in the meeting
4. PROCLAMATIONS (One Motion taken adopting all Proclamations)
A. Proclamation designating March 24,2009 as Community School of Naples
State Championship Day. To be accepted by Cassie Barone, Girls Head
Cross Country Coach and Mitch Woods, Girls Head Basketball Coach.
Adopted - 5/0
B. Proclamation designating March 14,2009 through March 21, 2009 as
Panther Awareness Week. To be accepted by Lisa Ostberg, President,
Friends of the Florida Panther Refuge.
Adopted - 5/0 (Ms. Ostberg was not present)
March 24, 2009
Page 3
C. Proclamation designating April, 2009 as Water Conservation Month. To be
accepted by Paul Mattausch and Clarence Tears.
Adopted - 5/0
D. Proclamation designating March 24, 2009 as Sweetbay Supermarket Day.
To be accepted by David Williams.
Adopted - 5/0
E. Proclamation designating April 2, 2009 as World Autism Day. To be
accepted by Robbie Powell.
Adopted - 5/0
F. Proclamation designating the week of March 23,2009 through March 27,
2009 as the 29th Anniversary of Know Your County Government Week. To
be accepted by Robert Dorsey, Alex Bethune and Bobby Mladenov.
Adopted - 5/0
To be heard first (Request per Deputy County Manager Ochs during Agenda
Changes)
G. Proclamation designating April 4,2009 as Naples Toastmaster's Club Day.
To be accepted by Edward Larsen, President of Naples Toastmaster's Club,
Jennifer Edwards, Supervisor of Elections of Collier County and longtime
member of Naples Toastmaster's Club and Marcia Herrera, Area 12
Governor of Toastmaster's International.
Adopted - 5/0
H. Proclamation designating March 25, 2009 as Edison State College
GreenFest Day. To be accepted by Dr. Kirk Otto, Science Lab Manager,
Edison State College; David Buchheit, Chairman, Collier County
Community Traffic Safety Team; Nancy Frye, Secretary, Collier County
Community Traffic Safety Team.
Adopted - 5/0
I. Proclamation designating April 6 - 10,2009 as National Work Zone
Awareness Week 2009. To be accepted by Jay Ahmad, Collier County
Transportation Engineering and Construction Management Director, and
Sgt. Chris Gonzalez from the Collier County Sheriffs Office.
Adopted - 5/0
March 24, 2009
Page 4
5. PRESENTATIONS
A. Presentation by Marcela Rice regarding the United States Census 2010.
Presented
B. Kraft Construction Company contractor presentation on the current project
status of Freedom Park.
Presented by Sr. Project Manager Henry F. McKevitt
6. PUBLIC PETITIONS
A. Public petition request by Evelyn Delaney to discuss set back code violation.
Motion to deny - Approved 5/0
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
A. Recommendation that the Board of County Commissioners adopt an
Ordinance amending the Collier County Consolidated Impact Fee
Ordinance, which is Chapter 74 of the Collier County Code of Laws and
Ordinances, by incorporating directed changes to the requirements for the
assessment of impact fees for changes of use in existing buildings through
the implementation of the Impact Fee Program for Existing Commercial
Redevelopment
Ordinance 2009-14 Adopted - 4/1 (Commissioner Coletta opposed)
This Item to be heard at 3:30 p.m. (Per Agenda Change Sheet)
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2007-AR-
12097, The Covenant Presbyterian Church of Naples, Inc. and Florida
Community Bank, NA, represented by Richard Y ovanovich of Goodlette,
Coleman, Johnson, Yovanovich & Koester, P.A., are requesting a rezone
from the Residential Single-family (RSF-l) Zoning District to the
Community Facilities Planned Unit Development (CFPUD) Zoning District
for a project to be known as Heavenly CFPUD, which would memorialize
the existing church uses and would permit redevelopment consistent with the
Master Plan to allow a maximum of 80,000 square feet for a house of
March 24, 2009
Page 5
worship, including day care facilities, a Pre-K through third grade school,
and various accessory uses for Tract A; an additional 20,000 square feet of
house of worship including children and adult day cares, Pre-K through third
grade school and accessory uses for Tract B. The 15.93-acre subject property
is located at 6926 Trail Boulevard, and comprises the entire block bounded
by Ridge Drive, West Street, Myrtle Road and Trail Boulevard in Section 3,
Township 49 South, Range 25 East of Collier County, Florida. CTS
Ordinance 2009-15 Adopted w/stipulations - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Haldeman Creek Maintenance Dredging
Advisory Committee.
Resolution 2009-77: Re-appointing Tom Briscoe - Adopted 5/0
B. Appointment of member to the Immokalee Beautification MSTU Advisory
Committee.
Resolution 2009-78: Appointing Carrie E. Williams to fulfill the
remainder of the term expiring September 23, 2012 - Adopted 5/0
C. Appointment of members to the Radio Road Beautification Advisory
Committee.
Resolution 2009-79: Re-appointing Wilfred Jaeger (w/waiving term
limit) and John T. Weber - Adopted 5/0
D. Appointment of member to the Educational Facilities Authority.
Resolution 2009-80: Re-appointing Clay W. Cone - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11:00 a.m. To review the written and oral reports
of the Advisory Boards and Committees scheduled for review in 2009 in
accordance with Ordinance No. 2001-55. Committees include: Ochopee Fire
Control District Committee; Collier County Planning Commission; Golden
Gate Estates Land Trust Advisory Committee and Collier County Coastal
Advisory Committee. (Mike Sheffield, Assistant to the County Manager)
Motion to approve all reports in mass, amending the ordinance to
abolish the oral reports by committees - Approved 3/2 (Commissioner
Fiala and Commissioner Halas opposed)
March 24, 2009
Page 6
B. Recommendation that the Board of County Commissioners consider the
recommendation by the Collier County Productivity Committee to utilize a
two-year average to calculate the annual impact fee indexing, the
requirements for which are set forth in Article Ill, Special Requirements for
Specific Types oflmpact Fees, of Chapter 74 of the Collier County Code of
Laws and Ordinances such that this calculation method will update the
adopted methodology in the approved Collier County Impact Fee Indexing
Study in order to provide an approach for indexing that is more responsive to
cost fluctuations; also based on the review, that the Board of County
Commissioners provide direction to the County Attorney and the County
Manager, or his designee, on proceeding with the preparation of the required
ordinance amendment to implement the change to the indexing methodology
and corresponding rate schedules, for Government Buildings, Law
Enforcement, Dependent Fire, Emergency Medical Services and Educational
Facilities Impact Fees, for consideration at a future regular meeting of the
Board of County Commissioners, as an advertised public hearing. (Amy
Patterson, Impact Fee and EDC Manager, CDES)
Motion to support Productivity Committee's recommendations
utilizing a two-year average calculation and fee schedule - Approved 4/1
(Commissioner Coletta opposed); Motion to forward to DSAC, delay
full update and staffto bring back recommendations in December, 2009
for further guidance - Approved 5/0
C. Recommendation that the Board of County Commissioners consider the
following information regarding the Board's discussion of the
Environmental Advisory Council (EAC). (William D. Lorenz Jr., P.E.,
Director, Engineering & Environmental Services Department, CDES)
Motion to terminate all EAC Members, have them re-apply and re-
advertise for the membership and allow current EAC members to
remain on the Board until the new (re)appointments to the EAC can be
accomplished - Approved 5/0
D. Recommendation to approve the purchase of property insurance for the
period April I , 2009 through March 31, 20 lOin the amount of $4,153,980, a
reduction of $127,424. (Jeff Walker, Risk Management Director)
Approved - 5/0
E. Recommendation that the Board of County Commissioners approves, and
authorizes the Chairman to sign, the attached U.S. Department of Housing
and Urban Development entitlement funding agreement for the
March 24, 2009
Page 7
Neighborhood Stabilization Program for FY 2008-2009 providing
$7,306,755 in funding for Collier County. (Marcy Krumbine, Housing and
Human Services Director)
Approved - 5/0
F. Recommendation that the Board of County Commissioners approves the
implementation ofthe Neighborhood Stabilization Program Grant and
Administrative Plan, and approves, and authorizes the Chairman to sign, the
attached Neighborhood Stabilization Program Resolution. (Marcy
Krumbine, Housing and Human Services Director)
Resolution 2009-81 Adopted w/stipulations - 5/0
G. Recommendation that the Board of County Commissioners (BCC) reviews
various alternatives regarding the US41 Consortium Developers
Contribution Agreement (DCA) proposal and provides direction to staff.
Staff to review and bring back at April 12, 2009 BCC Meeting -
Consensus
Moved from Item #16B13 (Per Agenda Change Sheet)
H. Recommendation to approve a Resolution authorizing the posting of No
Trespassing Signs pertaining to a dry retention pond that is located just
South of the Intersection of Michigan Avenue and 12th Street North to
promote and protect the well-being of the general public.
Motion to work with neighbors to come up with plan - Denied 2/3
(Commissioner Coyle, Commissioner Halas and Commissioner Fiala
opposed); Resolution needed a motion to be adopted and there wasn't a
motion taken to adopt the resolution
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Request that the Board of County Commissioners provides direction to the
County Attorney as to whether (I) the Board wishes to continue to trial, or
(2) authorizes the County Attorney to contact the Clerk's attorneys to see
whether the Clerk is willing to enter into a Joint Stipulation of Dismissal of
the remaining claims of both parties, in the litigation styled Collier County
v. Dwight E. Brock, Clerk of Courts, Case No. 07-l056-CA, now pending in
the Twentieth Judicial Circuit in and for Collier County, and announce a
Notice of Closed Attorney-Client Session (Shade Session) for April 14,
March 24, 2009
Page 8
2009.
Motion to continue litigation - Approved 3/2 (Commissioner Henning
and Commissioner Coyle opposed); Motion for Shade Session at the
April 14, 2009 BCC Meeting - Approved 4/1 (Commissioner Henning
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
A. Recommendation to appoint the Chairman of the Collier County Board of
County Commissioners to serve on the Collier County Canvassing Board for
the Golden Gate Fire and Rescue Control District Special Election to be held
on May 12,2009, and an alternate.
Motion to appoint Commissioner Fiala as Chairman and Commissioner
Coletta as Alternate - Approved 5/0
B. Recommendation that the Collier County Board of Commissioners approve
a resolution, pursuant to Section 101.00 I (I), Florida Statutes, to alter
precinct boundaries in Precincts 554 and 591 and in Precincts 501 and 550
changing the boundary between those precincts to follow the boundary line
of the Golden Gate Fire Control and Rescue District.
Resolution 2009-82 Adopted - 5/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. Election or reelection of the Collier County Community Redevelopment
Agency (CRA) Chair and Vice-Chair for 2009.
Motion to appoint Commissioner Coletta as Chairman and
Commissioner Fiala as Vice-Chairman - Approved 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Coletta - Still waiting for commitment from Water
Management for land donation for A TV Park - Chairman to send letter
B. Commissioner Fiala - Collier Citizen not sent to East Naples anymore
C. Commissioner Fiala - Motion to Adjourn - Approved 4/0
(Commissioner Henning 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
March 24, 2009
Page 9
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.
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Approved and/or Adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of North Naples Research
and Technology Park with the roadway and drainage improvements
being privately maintained.
Resolution 2009-66 w/release of the maintenance security
2) Recommendation that the Board of County Commissioners adopts a
Resolution to formally dissolve the East of County Road 951
Infrastructure and Services Horizon Study Public Participation Master
Committee as established by Resolution No. 2006-181.
Resolution 2009-67
3) This item requires that ex parte disclosure be provided bv
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 Via Veneto Replat.
Developer must receive a Certificate of Adequate Public Facilities
prior to the final approval letter
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Professional Village at
Northbrooke with the roadway and drainage improvements being
privately maintained.
Resolution 2009-68 w/release of the maintenance security
B. TRANSPORTATION SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Memorandum of Agreement
for Interim Median Opening located at Davis Boulevard and Joy Rose
Place.
March 24, 2009
Page 10
Developer will pay all costs associated for the continued access to
the Alligator Alley PUD that would have been closed by the
FDOT for the Davis Boulevard Widening Project
2) Recommendation to reject all submittals and re-solicit Bid #09-5165,
Supply and Install Traffic Signs and Markings.
In order to obtain more competitive bids
3) Recommendation to award Bid #09-5186, Intelligent Transportation
Systems (ITS) Components to multiple vendors (category basis).
Annual expenditure estimated $150,000.
To Cohu, Inc., Temple, Inc., and Precision Contracting Services,
Inc., on a category and primary/secondary basis
4) Recommendation to recognize and accept revenue for Collier Area
Transit in the amount of $1 ,200.00 and to approve needed budget
amendments.
For damages to a CAT bench on Rattlesnake-Hammock Road
by a road construction company
5) Recommendation to terminate the contract awarded to American
Earth Movers, Inc. for Bid No. 08-5135 Bridge Repairs (Chokoloskee,
Goodland, Green Boulevard and Oil Well Road) in the amount of
$720,000.00 and to award a contract to Kelly Brothers, Inc. in the
amount of $771 ,546.00 for Bid No. 08-5135, Project No. 66066.
Allowable per the agreement and resulting from three change
orders submitted before work began increasing the bid by 14.6%
6) Recommendation to award Bid #09-5194 Collier County Right-of-
Way (ROW) and Median Mowing and Maintenance Annual Contract
to Big Tree, Inc, Amera- Tech, Inc. and Vila & Son, Corp. in the
estimated annual expenditure of $253,864.00. (Fund 111 , Various
Cost Centers)
For twenty-four services per year and covering 32.3 miles of
roads, including Immokalee Rd., Vanderbilt Beach Rd., Collier
Blvd., Santa Barbara Blvd., and Rattlesnake-Hammock Road
7) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners to execute the attached
Federal Transit Administration USC 5311 Grant application proposal
March 24, 2009
Page 11
for the American Recovery and Reinvestments Act (ARRA) funds
and applicable document, and to accept the grant if awarded.
Resolution 2009-69
8) Recommendation that the Board of County Commissioners approve
submittal of a grant application to the Florida Department of
Community Affairs for the Hazard Mitigation Grant Program
(HMGP) for $515,247 to fund stormwater improvements to the
Haldeman Creek System and reconstruct the Loche Louise Weir in
Crown Pointe, a portion of the Lely Area Stormwater Improvement
Proj ect.
Requires a 25% match (staff time and/or cash match) the project
is scheduled to start in 2013 to help alleviate flooding and limit
loss during storms & disasters
9) Recommendation to approve a Resolution to establish a speed limit of
thirty-five miles per hour (35 mph) on White Lake Boulevard from
City Drive to Collier Landfill roadway segment.
Resolution 2009-70
10) Recommendation to approve the Consent Agreement between the
South Florida Water Management District and Collier County
Transportation as resolution of a dewatering permit issue with Astaldi
Construction and the Northbrooke Bridge component of the
Immokalee Road Design Build Project #66045 and authorize the chair
to sign the agreement.
Astaldi has paid the fine levied by SFWMD, which was levied as
the result of a 2008 water quality violation caused by heavy
summer flooding
Grant is for $200,000 (Per Agenda Change Sheet)
11) Recommendation to approve submittal of a Hazard Mitigation Grant
to the Federal Emergency Management Agency, Department of
Homeland Security for $150,000 to install electric roll down steel
shutters and supporting equipment and winds screen for the protection
of Collier Area Transit Operations Center Buildings from damage
during high wind events.
Funded 75% by FEMA (local match of 25% will be $50,000) this
project is designed to help protect buildings at the new CAT
March 24, 2009
Page 12
Facility, located at 8300 Radio Road
12) Recommendation to submit an application for Shirley Conroy Rural
Area Capital Equipment Support Grant for the purchase of a
paratransit vehicle and to authorize the Chairman of the Board to
execute the application and applicable documents.
Resolution 2009-71
Moved to Item #10H (Per Agenda Change Sheet)
13) Recommendation to approve a Resolution authorizing the posting of
No Trespassing Signs pertaining to a dry retention pond that is located
just South of the Intersection of Michigan A venue and 12th Street
North to promote and protect the well-being of the general public.
C. PUBLIC UTILITIES
1) Recommend to accept and sign Amendment No.1 to the Department
of Environmental Protection Contract No. GC690 authorizing the
Florida Department of Environmental Protection to extend the date
from 45 days of the payment of the 12th invoice to within 60 days of
the end of the State fiscal year (June 30) of the existing assessment, a
5 percent penalty on the contract in the event that Collier County does
not provide a Statement of Revenue, Expenses and Fund Balance.
As detailed in the Executive Summary
2) Recommendation to reimburse WCI in the amount of$9l,565.l6, the
remaining amount of the County's portion of costs for rehabilitation
of the potable water distribution system to service Tower Road.
The result of unforeseen expenses incurred during 2006
construction improvements
3) Recommendation that the Board of Commissioners approve and
authorize the Chairman to sign a grant application to the Florida
Department of Community Affairs for the Hazard Mitigation Grant
Program (HMGP) for up to $50,000 to install aluminum roll down
shutters and supporting equipment on the Collier County
Environmental Compliance and Landfill Scale House facility.
Funded 75% by FEMA (the grant requires a 25% in-kind staff
time and/or cash match); this project is designed to help protect
March 24, 2009
Page 13
facilities located on White Lake Boulevard
4) Recommendation that the Board of Commissioners approves and
authorizes the Chairman to sign a grant application to the Florida
Department of Community Affairs for the Hazard Mitigation Grant
Program (HMGP) for up to $320,000 to construct a six-inch High
Density Polyethylene (HDPE) landfill leachate pipe at the Collier
County Landfill.
A FEMA Project for a facility on White Lake Blvd., providing
additional capacity to handle waste exposed to water (leachate)
resulting from a severe storm or catastrophic event; the grant
requires a 25% in-kind staff time and/or cash match
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, one (I) lien agreement for
deferral of 100% of Collier County impact fees for an owner-occupied
affordable housing dwelling unit located in Collier County.
Deferring $14,987.08 for property at Liberty Landing (Lot 120)
2) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FY09,
including total number of Agreements approved, total dollar amount
deferred and balance remaining for additional deferrals in FY09.
As detailed in the Executive Summary
3) Recommendation for the Board of County Commissioners to approve
a budget amendment in the amount of $12,500 to recognize revenue
received from a grant from the Community Foundation of Collier
County to serve the needs of seniors in Immokalee.
Used to purchase emergency alert systems and essential supplies
for those seniors with the greatest needs who wish to remain in
their homes
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign Change Order No. I in the
amount of$2l,035 to Marine Contracting Group, for additional
materials to replace the deck and pilings and to add sixty (60) calendar
days to Contract No. 08-5058.
March 24, 2009
Page 14
For work performed at the Cocohatchee Park River Marina
5) Recommendation that the Board of County Commissioners award
three Contracts under #08-5124, Fixed Term Physical and Biological
Monitoring Services for the Collier County Coastal Zone
Management Projects to Coastal Planning and Engineering, Inc.,
Coastal Engineering Consultants, Inc., and Humiston & Moore
Engineers, P.A.
For multiple projects with work distributed and based on
qualifications, price, and cost-related considerations
6) Recommendation to approve and authorize the Chairman to sign a
Florida Fish and Wildlife Conservation Commission (FWC), Division
of Marine Fisheries Management Grant Agreement #08258, for
Artificial Reef Deployment to the Coastal Zone Management
Department that will provide grant funds in the amount of $60,000.
The three artificial reefs will be located at Gordon, Doctor's
and Wiggin's Pass and must be completed by August 31, 2009
7) Recommend that the Board of County Commissioners approve a
resolution authorizing the submittal of a grant application in the
amount of $102,000 to the Florida Fish and Wildlife Conservation
Commission for the Florida Boating Improvement Program.
Resolution 2009-72
8) Recommendation to award Contract #09-5114, Naples Station
Museum Phase III to White General Construction, Inc., in the amount
of $440,000 to complete historical restoration and renovation of the
Naples Depot Museum and authorize the Chairman to execute a
standard Contract following County Attorney Approval.
Located on the corner of Fifth Avenue South and 10th Street
9) Recommend that the Board of County Commissioners recognize an
error in the January 13,2009 approved Contract #09-5148 value with
Subaqueous Services, LLC for the Dredging of Doctors and Wiggins
Passes in the amount of $1 0,999.97 and approve revised contract
amount totaling $1,566,419.26.
10) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign an amendment to the 2007
March 24, 2009
Page 15
Continuum of Care (CoC) Subrecipient Agreement with the Collier
County Hunger and Homeless Coalition (CCHHC) for the
maintenance of the Homeless Management Information System
(HMIS) in the amount of$104,645 which was approved on September
9,2008 (Item #16D35). This amendment will clarify start date, define
sources of matching funds, and further specify the projects purpose as
stated in the original agreement.
Amending Agreement (#FLI4B706002) for the program that
helps track our community's homeless population
11) Recommendation to award an $832,170 construction contract to
Boran Craig Barber Engle Construction Company Inc. (BCBE) for the
construction of the Marco Island Library Rose Hall Addition, Project
#54004, and approve the necessary Budget Amendments.
For a 4,000 square foot meeting room addition primarily funded
by donations, including $500,000 from the W.R. Rose Foundation
E. ADMINISTRATIVE SERVICES
1) Recommendation to A ward Bid #09-5182, General Furniture for the
New Collier County South Regional Library to Your Office, Inc. in
the amount of $79,568.48.
For general public area furniture
2) Recommendation to approve an Agreement for Sale and Purchase
with Mark Bain, Esquire/Personal Representative on behalf of the
Estate of Tessie Colluccio for 1.59 acres under the Conservation
Collier Land Acquisition Program, at a cost not to exceed $26,750.
Located in Golden Gate Estates Unit 65 and part of the 158 Acre
Winchester Head Muti-Parcel Project (Folio #39955800009)
3) Recommendation to approve an Agreement for Sale and Purchase
with Joseph R. and Mayda V. Muela for 1.14 acres under the
Conservation Collier Land Acquisition Program, at a cost not to
exceed $19,300.
Located in Golden Gate Estates Unit 65 and part ofthe 158 Acre
Winchester Head Muti-Parcel Project (Folio #39956160007)
4) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign the Assumption Agreement from
March 24, 2009
Page 16
Paymetric, Inc. to Business Applications Associates, Inc. (BizAps) for
XiBuy software license and services.
Due to the December, 2008 purchase of Paymetric, Inc. by
BizAps, Inc.
F. COUNTY MANAGER
1) Recommendation that the Board approves Commercial Paper Loan
prepayments in the amount of$8,278,000.
Scheduled for April 6, 2009, this will save approximately $8,550
in monthly interest
2) Recommendation that the Board approves prepayment of the
Caribbean Gardens Commercial Paper Loan in the amount of
$9,500,000.
Scheduled for April 6, 2009, this is the seventh prepayment on this
loan and will save approximately $9,812 in monthly interest
3) Recommendation that the Board of County Commissioners approve
and authorize the Chairman to sign a grant application for the
Emergency Medical Services Special Operations Response Team
through the Wal-Mart Community Grants Program for a maximum of
$1,000 in equipment and/or supplies and if awarded to authorize
acceptance of the equipment and supplies.
Used to help meet operational challenges and enhance services
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-73
5) Approve budget amendments.
#09-199: Impact Fee Refunds
6) For the Board of County Commissioners to declare a public purpose,
adopt and authorize the Chairman to approve a Resolution allowing
the Tourism Department on behalf of the TDC and the Naples, Marco
Island, Everglades CVB to solicit and receive donations to use as
prizes and awards for tourism promotions, familiarization tours and
auctions.
March 24, 2009
Page 17
Resolution 2009-74
7) Recommendation to adopt a resolution authorizing cash amounts to be
allocated on March 31, 2009 for the parity Debt Service Reserve
Account associated with the County's Capital Improvement Revenue
Bonds (Series No. 2002/2003/2005) in an amount not exceeding
$8,026,972.
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
review and approve the 2008 CRA Annual Report, forward the report
to the Board of County Commissioners and Clerk of Courts and
publish public notice of the filing.
As detailed in the Executive Summary
2) To approve and execute a Shoreline Stabilization Grant Agreement(s)
between the Collier County Community Redevelopment Agency
(CRA) and a Grant Applicant(s) within the Bayshore Gateway
Triangle Community Redevelopment area (2832 Arbutus Street) in
the amount of $4,450.
For property owned by David M. Corban
3) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency (CRA) and a Grant Applicant(s) within the
Bayshore Gateway Triangle Community Redevelopment area (3161
Van Buren Avenue) in the amount of$I,450.
For improvements at Eagle Packaging Products owned by
MarkJ. & Natalie D. Anguilano
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attending the Know Your County Government Teen Citizenship
Program Luncheon March 24, 2009 at East Naples United Methodist
Church. $10.00 to be paid from Commissioner Halas' travel budget.
March 24, 2009
Page 18
2701 Airport Road South
2) Commissioner Halas requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Fifth Annual Honor the Free Press Day luncheon on
Wednesday, March 18, 2009, at the Hilton Hotel in Naples, Florida.
$30.00 to be paid from Commissioner Halas' travel budget.
5111 Tamiami Trail North
3) Commissioner Coyle requests Board approval for payment for
attending a function serving a valid public purpose. Commissioner
Coyle attended The Women's Health Research Luncheon on March
19,2009 at The Naples Grande; $50.00 to be paid from Commissioner
Coyle's travel budget.
475 Seagate Drive, Naples
4) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Chabad of Naples Fifth Anniversary and Awards
Program, 6 p.rn., March 22, 2009 at the Naples Beach Hotel. $150.00
to be paid from Commissioner Coletta's travel budget.
851 Gulf Shore Boulevard North
5) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Greater Naples Better Government Committee's
Reception honoring Retiring President ofGNBGC, Lou Vlasho, April
1,2009,5 p.rn. at Vergina's on Fifth Avenue. $5.00 to be paid from
Commissioner Coletta's travel budget.
700 Fifth Avenue South
6) Commissioner Coletta requests Board approval for payment to attend
a function serving a valid public purpose. Commissioner Coletta
attending the Collier County Junior Deputies League BBQ and
Fundraiser Event for the Development of Camp Discovery, April 18,
2009, 11 a.m. at Camp Discovery. $35.00 to be paid from
Commissioner Coletta's travel budget.
Held next to the Swamp Buggy Grounds off Collier Boulevard
March 24, 2009
Page 19
7) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a valid public purpose.
Attended the Fifth Annual Honor the Free Press Day luncheon on
Wednesday, March 18,2009, at the Hilton Hotel in Naples, Florida.
$30.00 to be paid from Commissioner Henning's travel budget.
5111 Tamiami Trail North
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
February 28,2009 through March 6, 2009 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of March
7,2009 through March 13,2009 and for submission into the official
records of the Board.
3) Recommendation that the Board of County Commissioners approve
the State of Florida Annual Local Government Financial Report for
the fiscal year 2007 -2008 as required by Florida Statute 218.32.
Detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners directs
Staff to work with the County Attorney to amend the Land
Development Code (LDC) and relocate to the Collier County Code of
Laws and Ordinances LDC Sections 8.03.00 (the Planning
Commission Ordinance); 8.04.00 (the Board of Zoning Appeals
Ordinance); 8.05.00 (the Building Board of Adjustments and Appeals
Ordinance); 8.06.00 (the Environmental Advisory Council
Ordinance); 8.07.00 (the Historic/Archaeologic Preservation Board
Ordinance); and Section 8.08.00 (the Code Enforcement Board
Ordinance), and to amend the Planning Commission Ordinance to
require nomination by the Commissioner of the District which the
March 24, 2009
Page 20
appointee would represent.
2) Recommendation that the Board of County Commissioners authorizes
staff to proceed with advertising a proposed Ordinance amending
Ordinance No. 2001-55, as amended, (the Advisory Board Ordinance)
to eliminate both term limits and the restrictions on simultaneous
service on more than two County Boards.
3) County Attorney report on sidewalk requirement for the World Tennis
Center Planned Unit Development.
There were no requirements found or obligations by the County
4) County Attorney report on fair share payments required to be paid
towards the installation, operation and maintenance of the traffic
signal at the intersection of Pine Ridge Road and Whippoorwill Lane.
Recommending to cease action to collect fair share
contribution due to Statute of Limitations
5) Recommendation pursuant to Collier County Resolution 95-632, that
the Board of County Commissioners authorizes the Office of the
County Attorney to select retain outside counsel to represent
Commissioner Tom Henning as well as County employees Stan
Chrzanowski and Rudy Moss, who are all being sued by former
employee Barbara Burgeson in the case styled Barbara Burgeson v.
Collier County, Tom Henning, Stan Chrzanowski, and Rudy Moss,
Case No. 09-20l0-CA, Twentieth Judicial Circuit in and for Collier
County, and in addition to waive the Purchasing Policy to the extent it
applies to the selection of outside counsel and/or otherwise exempt the
selection of outside counsel from competition pursuant to VII.G. of
the Purchasing Policy.
As detailed in the Executive Summary
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
March 24, 2009
Page 21
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: SV-2008-AR-
13618 (NG) CHM Naples Hotel Partners, LLC, is requesting three sign
variances to allow two wall signs for Spring Hill Suites, and one directional
monument sign to serve as both an on-premises sign for Spring Hill Suites
and an off-premises sign for Fairfield Inn. The first variance is from Section
5.06.04.C.4. of the Land Development Code (LDC), which requires one wall
sign shall be permitted for each single-occupancy parcel, to allow two wall
signs. The second variance is from Section 5.06.04.C.16.b.i. of the LDC,
which allows a maximum sign area of 12 square feet for an off-premise
directional sign, to allow a 35.5 square foot off-premise sign. The third
variance is from Section 5.06.04.C.16.b.ii. of the LDC, which allows a
maximum sign height of 8 feet above the lowest center grade of the arterial
roadway for an off-premise directional sign, to allow a maximum sign height
of 12 feet. The subject property is located at 3798 White Lake Boulevard, in
Section 35, Township 49 South, Range 26 East, Collier County, Florida.
Resolution 2009-75
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2007-74, the Collier County
Convenience Business Security Ordinance, in order to include the provisions
of Florida Administrative Rule 2A-5.005, Minimum Safety Standards for
Convenience Businesses.
Ordinance 2009-12
C. Recommendation to adopt a resolution approving budget amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-76
Continued from the March 10, 2009 BCC Meeting (Per Agenda Change Sheet)
D. Recommendation that the Board of County Commissioners approves the
attached Ordinance establishing a Voluntary Separation Incentive Program
which would authorize the County Manager to extend a Voluntary
March 24, 2009
Page 22
Separation Incentive Program to eligible employees with an enabling
Resolution.
Ordinance 2009-13
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Henning absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
March 24, 2009
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