Recap 05/26/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
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AGENDA
May 26, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice-Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB 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."
May 26, 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
T AMIAMI 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
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. April 21, 2009 - BCC/RLSA Meeting
Approved as presented - 5/0
C. April 28, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1) Emmanuel Augustin, Road Maintenance
Presented
May 26, 2009
Page 2
2) Jeffrey Walker, Risk Management
Presented
B. 25 Year Attendees
1) Bill Finch, Parks & Recreation
Presented
2) Patricia Lehnhard, Transportation Administration
Presented
3) Steven Donovan, EMS
Presented
c. 30 Year Attendees
1) David Gigee, Road Maintenance
Presented
4. PROCLAMATIONS (One motion was taken to adopt all Proclamations)
A. Proclamation designating the week of June 10 to June 15,2009 as World
Elder Abuse Awareness Week. To be accepted by Vicki-Jo Letchworth,
Elder Abuse Advocate, The Shelter for Abused Women & Children.
Adopted - 5/0
B. Proclamation recognizing Hendry Correctional Institution staff for
immediate assistance in a clean-up effort at Eagle Lakes Community Park
after an exotic algae killed the fish in the lake causing air and environmental
pollution. To be accepted by Assistant Warden of Programs Ben Mount and
Major Sooy.
Adopted - 5/0
C. Proclamation designating June 1 through June 7, 2009 as The Kathy & Fritz
Friday CPR & AED Awareness Week thanking them for the generous gift of
funding to allow the equipping of the Collier County Sheriffs vehicles with
the life saving Automatic External Defibrillators. To be accepted by Kathy
May 26, 2009
Page 3
and Fritz Friday, Sheriff Kevin Rambosk, Danielle Broderick and Debbie
Duncan from the American Heart Association.
Adopted - 5/0
5. PRESENTATIONS
Continued to the June 9, 2009 BCC Meeting (Per Agenda Change Sheet)
A. Presentation by Michael Sole, Secretary, Florida Department of
Environmental Protection regarding Comprehensive Everglades Restoration
Plan.
B. Report to the Board of County Commissioners regarding information
obtained in response to Chairman Fiala's Public Records Request to the
Clerk of the Circuit Court dated April 7, 2009 concerning legal fees and
expenses.
Presented and direct the Chair to write a letter to the Clerk requesting
March, April and May invoice figures (when available) - Consensus
C. Update from Clarence S. Tears, Jr., Director of the Big Cypress Basin, on
the Lake Trafford Restoration Project.
Presented
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 f).m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
Moved from Item #17L (Per Agenda Change Sheet)
A. This item has been continued from the April 28, 2009 BCC meetine:.
This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. V A-2008-AR-13977
Tim Chess of McDonald' s USA, LLC, represented by Jeffrey Satfield of
CPH Engineers, Inc., is requesting a Variance from the landscape
requirements of Land Development Code Subsection 4.06.02, Buffer
Requirements, in the General Commercial (C-4) and Gateway Triangle
Mixed Use Subdistrict (GTMUD-MXD), to allow a modification of the
required 7.S-foot wide buffer on the western side of the property; and to
May 26, 2009
Page 4
reduced buffer widths on the property's northern side from 15 feet to ten
feet, the eastern side from 7.5 feet to five feet, and the southern side from 10
feet to five feet. The 0.86-acre subject property is located at 2886 Tamiami
Trail East, in Section 11, Township 50 South, Range 25 East, Collier
County, Florida. (CTS)
Resolution 2009-140 - Adopted 4/1 (Commissioner Fiala opposed)
8. ADVERTISED PUBLIC HEARINGS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Bayshore/Gateway Triangle Local
Redevelopment Advisory Board.
Resolution 2009-137: Appointing Lafayette N. Ingram, III, Lindsey
Thomas, Stephen C. Main, Jill M. Barry, Maurice Gutierrez and Bruce
S. Preble - Adopted 5/0
B. Appointment of member to the Habitat Conservation Plan Ad Hoc
Committee.
Resolution 2009-138: Appointing Robert W. Dorta - Adopted 5/0
C. Recommendation to declare a vacancy on the Affordable Housing Advisory
Committee.
Resolution 2009-139: Adopted - 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners approves the
Clam Bay Advisory Committee Mission Statement as required in the Clam
Bay Advisory Committee Ordinance No. 2008-48. (Gary McAlpin, Coastal
Zone Management)
Approved w/Changes - 5/0
B. Recommend approval from the Board of County Commissioners of the
Clam Pass Maintenance Dredging Permit Application that is required to
perform tidal flushing of Clam Bay Estuary and is necessary to re-open the
pass in the event of storm closure. (Gary McAlpin, Coastal Zone Mgmt.)
Approved w/changes - 5/0
May 26, 2009
Page 5
C. Recommend approval from the Board of County Commissioners to install
Navigational Markers in Outer Clam Bay for USACE permit compliance
and recommendation to move forward with permitting and installation.
(Gary McAlpin, Coastal Zone Management)
Motion to table item until after lunch break - Consensus; Motion to
table item until the June 9, BCC Meeting allowing parties involved the
opportunity to reach an agreement - Approved 3/2 (Commissioner
Halas and Commissioner Henning opposed)
D. Report of Collier County 2009 State Legislative Priorities and Collier
County Legislative Delegation 2009 Priorities. (Debbie Wight, Assistant to
the County Manager)
Motion to accept staff's report and direct Chair to write letters urging
Governor Christ to Veto: SB 216 (prohibits local government from
expending funds on issues subject to vote by electors); SB 2282
(prohibits fire and EMS Agencies from billing for responding to auto
accidents); SB 360 (growth management which eliminates
transportation concurrency); and a letter expressing the Board's
position on HB 227 (impact fees burden of proof shifted to local
governments) that was signed by the Governor May 21 - Approved 4/1
(Commissioner Henning opposed)
E. For the Board of County Commissioners to consider revising the name of
the Code Enforcement Department to Code Compliance Department. (Diane
Flagg, Director, Code Enforcement, CDES)
Motion supporting staff's recommendation - Approved 4/1
(Commissioner Coletta opposed)
F. This item to be heard at 4:30 p.m. Recommendation that the Board of
County Commissioners (BCC) consider the information regarding the Public
Petition presented to the BCC on April 14, 2009 by Mr. Edward Bakay.
(Stan Chrzanowski, Sr. Engineer, Engineering & Env Services Dept, CDES)
Motion to take no action - Approved 5/0
G. Recommendation that the Board of County Commissioners provide policy
direction concerning the acceptance of a private donation offer of $1 0,529
from the Pelican Bay Property Owners Association, Inc. to open the
May 26, 2009
Page 6
Vanderbilt Beach Branch Library on Fridays, from June 1,2009 through
September 30, 2009. (Marla Ramsey, Public Services Administrator)
Motion to approve donation - Approved 5/0
H. This item to be heard at 10:30 a.m. To receive guidance from the Board of
County Commissioners on a request from the Collier County Leadership
Council on Aging to use the old Golden Gate Library site for a Senior
Resource Center. (Marla Ramsey, Public Services Administrator)
Staff to bring back ideas for a joint use long term lease - Approved 5/0
I. Recommendation to approve an Agreement for Sale and Purchase with the
Naples Lodge 2010 Benevolent and Protective Order of the Elk's of the
USA, Inc., for the purchase of the Elk's Lodge Property. (Len Price,
Administrative Services Administrator)
Approved - 5/0
J. This item to be heard at 1 :00 p.m. That the Board of County
Commissioners provide staff guidance as to whether to implement a
mandatory code inspection of vacant and foreclosed residential properties in
the unincorporated area of Collier County prior to sale and whether the
program should incorporate a Certificate of Use certification to document
and disclose to the potential buyer the extent to which the residential
property (i.e. single-family, condominium, townhouse, or duplex) complies
with all applicable building and zoning codes, and in considering this
proposal that the Board provide any additional guidance whether to
implement a voluntary or mandatory code inspection of residential
properties prior to sale. (Joseph K. Schmitt, Administrator, CDES)
Motion to bring back at the June 23, 2009 BCC Meeting - Approved 5/0
Moved from Item #16D7 (Per Commissioner Henning during Agenda Changes)
K. Recommend that the Board of County Commissioners approve TDC
Category "A" Grant Applications from the City of Naples, The City of
Marco Island and Collier County for FY -09/1 0 in the amount of
$4,377,336.00 and authorize the Chairman to sign grant agreements after
County Attorney's approval
Approved - 3/2 (Commissioner Henning and Commissioner Coletta
opposed)
May 26, 2009
Page 7
Moved from Item #16BI0 (Per Commissioner Henning during Agenda Changes)
L. Recommendation to approve the Amended and Restated Developer
Contribution Agreement between Marbella Lakes Associates, LLC, herein
referred to as "Developer, and Collier County, herein referred to as County,
for the conveyance of right-of-way within the Green Boulevard Extension
corridor and also approve a modification to the prior agreement.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Marcia Cravens - Commissioner Fiala's e-mail regarding the time
Item #10A would be discussed and what she felt was a lack of
opportunity for public input
12. COUNTY ATTORNEY'S REPORT
Continued to the June 23, 2009 BCC Meeting (Per Agenda Change Sheet)
A. Status Report to the Board of County Commissioners regarding the 2003
Agreement and promises made by the South Florida Water Management
District with respect to the County's vacating approximately 287 miles of
roads in the Southern Golden Gate Estates.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Joe Schmitt - Implementing a four-day work week (M- TH) beginning
June 12 for 111 positions within CDES (Funds 131 and 113)
B. Commissioner Coyle - Concern regarding an e-mail he received from
the public about CDES closure on Fridays
C. Joe Schmitt - Will have Comp Plan Amendment Schedule in June
D. Deputy County Manager Ochs - Discussion on meeting procedures
regarding proclamations and time certain requests
E. Commissioner Halas - Regarding public statements made by Dr. Tober
F. Commissioner Halas - Regarding a $75 registration fee for felons
relocating to Collier County; Motion for staff to return with
information - Consensus
May 26, 2009
Page 8
G. Commissioner Coletta - Discussion on upcoming Census
H. Commissioner Coyle - Motion designating Chairman Fiala primary and
Commissioner Coletta secondary contact for Census - Approved 5/0
I. Commissioner Henning - Clarification on building codes and permits
J. Commissioner Fiala - Sends condolences to Bonnie Tucker (E. Glenn)
K. Commissioner Fiala - Motion to adjourn - Approved 5/0
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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.
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Approved and/or Adopted w/changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Professional Village at Northbrooke.
With release of any Utilities Performance Security (UPS)
2) . Recommendation to grant final approval of the drainage
improvements for the final plat of Pine Air Lakes Unit Five with the
drainage improvements being privately maintained. There are no
roadway improvements associated with this final plat.
Resolution 2009-125 W /release of the Maintenance Security
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Jasmine Lake-A (Cypress
Woods PUD) with the roadway and drainage improvements being
privately maintained.
Resolution 2009-126 W/release of the Maintenance Security
4) Recommendation that the Board of County Commissioners approve a
resolution, establishing a Vehicle for Hire Administrative Manual,
providing definitions and exemptions, and establishing regulatory
guidelines and requirements consistent with the Collier County
May 26, 2009
Page 9
Vehicle for Hire Ordinance. (This item is a companion to 17E)
Resolution 2009-127
5) Recommendation to approve final acceptance of the water utility
facilities for Heritage Bay Affordable Housing.
With release of any Utilities Performance Security (UPS)
6) Recommendation to approve final acceptance of the water utility
facility for Heritage Bay, Unit 2 A - Phase 1.
With release of any Utilities Performance Security (UPS)
7) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay, Phase IB-2 (Lion's Bay Court).
With release of any Utilities Performance Security (UPS)
8) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay Commons, Phase 1.
With release of any Utilities Performance Security (UPS)
9) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay Commons, Phase 2.
With release of any Utilities Performance Security (UPS)
10) Recommendation to approve final acceptance of the water utility
facility for Heritage Bay, Phase 2A-Phase 2.
With release of any Utilities Performance Security (UPS)
11) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay, Phase 2A.
With release of any Utilities Performance Security (UPS)
12) Recommendation to approve final acceptance of the water and sewer
utility facilities for Heritage Bay, Phase 2B.
With release of any Utilities Performance Security (UPS)
B. TRANSPORTATION SERVICES
May 26, 2009
Page 10
1) Recommendation that the Board of County Commissioners approves a
Resolution authorizing the Chairman of the Board of County
Commissioners to execute a Local Agency Program Agreement with
the Florida Department of Transportation (FDOT) in which Collier
County would be reimbursed up to $233,000 for street lighting
installation in Everglades City along CR29 (Collier Avenue) and
along Broadway from the Town Center east to CR29 (FDOT Project
#420885-1-58-01).
Resolution 2009-128
2) Recommendation that the Board of County Commissioners approves
and authorize its Chairman to sign a Resolution, Two Separate
Memorandums of Agreement pertaining to establishing an escrow
account to deposit funds pertaining to the relocation of utilities and
installation of an Intelligent Traffic System in connection with the
Florida Department of Transportation's (FDOT) improvements to 1-
7S/Immokalee Road Interchange that includes required modifications
to Immokalee Road, county Project #66042, allowing for an 8-lane
section from the Strand Blvd east through the interchange to Tarpon
Bay Blvd (the Road Project), and a Locally Funded Agreement and a
Second Amendment to that Locally Funded Agreement executed on
March 20, 2007, all pertaining to the Road Project.
Resolution 2009-129
3) Recommendation to approve an Amendment to Agreement allowing
the former owners of a now County owned property located within the
Vanderbilt Beach Road Extension Project the option to extend their
occupancy for an additional period not to exceed two months. Project
No. 60168 (Fiscal Impact: May have a positive fiscal impact in the
amount of $2,000 which would be credited to the gas tax and impact
fee account).
For property located at 790 21 st Street NW in Golden Gate Estates
4) Recommendation that the Board of County Commissioners approve
two (2) Adopt-A-Road Program Agreements with four (4) roadway
recognition signs at a total cost of $300.00.
Segment of CR 29 north from Bridge toward US 41 with the
Wednesday Ladies Coffee Group and CR 29 south from Bridge
May 26, 2009
Page 11
into Everglades City with the Everglades Society for Historic
Preservation
5) Recommendation that the Board of County Commissioners approve
one (1) Adopt-A-Road Program Agreement with two (2) roadway
recognition signs at a total cost of$lS0.00.
For Immokalee Road from Oil Well Road to 47th Avenue NE with
the Green Apple Association of Christian Schools
6) Recommendation that the Board of County Commissioners approves a
Contractual Agreement with the Florida Department of Transportation
(FDOT) for the Demonstration of Technologies Project consisting of
the use of a Hybrid ParaTransit Bus for the period of June 15 through
June 26, 2009.
In exchange for providing FDOT with information on the hybrid
bus performance, fuel savings and maintenance costs
7) Recommendation to award Bid #09-5200 for construction of
Magnolia Pond Drive Stormwater Improvements, Project No.
51007.1, to Douglas N. Higgins, Inc., in the amount of$78,900.00
plus a ten percent contingency ($7,890.00) for a total amount of
$86,790.00, and to approve the necessary budget amendment.
Subject to final review by the County Attorney's office for legal
sufficiency
8) Recommendation to approve the Collier Metropolitan Planning
Organizations (MPO) Operating Budget for FY 2009/1 0, including a
$5,000 County match for Federal Highway Administration Planning.
As detailed in the Executive Summary
9) Recommendation to award Bid #09-5228 "CR 951 South of Jolley
Bridge Landscape and Irrigation Installation" to Vila & Son
Landscaping Corp., in the amount of$441,019.93. Project #60086.
Reimbursement by FDOT after completion of this federally
funded project
May 26, 2009
Page 12
Moved to Item #10L (Per Commissioner Henning during Agenda Changes)
10) Recommendation to approve the Amended and Restated Developer
Contribution Agreement between Marbella Lakes Associates, LLC,
herein referred to as "Developer, and Collier County, herein referred
to as County, for the conveyance of right-of-way within the Green
Boulevard Extension corridor and also approve a modification to the
prior agreement.
C. PUBLIC UTILITIES
1) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1995 and
1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $38.00 to record the Satisfactions of
Lien.
Resolution 2009-130
2) Recommendation to award Bid Number 09-5238 West Wind Mobile
Home Park Water Distribution Improvements in the amount of
$845,328.01 to Guymann Construction of Florida, Inc., to complete
the rehabilitation of the water distribution system to service the West
Winds Subdivision, Project #71010.4.
Rehabilitating the current water distribution system which was
constructed in the 1960's and reaching the end of life expectancy
3) Recommendation to amend the Franchise Agreement Between Collier
County (County) and Choice Environmental Services of Collier
County, Inc. (CES) to implement single stream recycling in District II
enhancing recycling and waste reduction; approve a necessary budget
Amendment in the amount of$2S0,000; and authorize the Chairman
of the Board to execute the amendment to the Franchise Agreement.
Extending landfill life and preserving resources for cost savings
4) Recommendation to approve a Work Order in the amount of
$980000.00 to Youngquist Brothers, Inc., for the repair and
replacement of a mechanical failure of the North County Regional
May 26, 2009
Page 13
Waste Treatment Plant Deep Injection Well No.2. Steel Injection
Tubing, Project #70008.1.
To restore mechanical integrity and allow it to be placed back into
service as mandated by the FDEP
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign an
Amendment between Collier County Board of County Commissioners
and the Area Agency on Aging of Southwest Florida, Inc., which
reflects additional grant funding in the amount of $77,999 for the
Older Americans Act Program for 2009.
Allowing seniors to remain in their homes by providing services
that may include homemaker, personal care, respite, emergency
alert response, medical supplies and nutritional services
2) Recommendation for the Board of County Commissioners to approve
after-the-fact funding under the American Recovery and
Reinvestment Act (ARRA) of 2009 to increase congregate and home
delivered meals to seniors in Collier County.
As detailed in the Executive Summary
3) Recommendation to approve and authorize the Chairman to sign an
Amendment between Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
Inc., which reflects additional grant funding in the amount of $23,265
for the Community Care for the Elderly (CCE) Program for 2009.
For the grant period July 1,2008 through June 30, 2009
4) Recommendation to approve and authorize the Chairman to sign an
Amendment between Collier County Board of County Commissioners
and the Area Agency on Aging of Southwest Florida, Inc., which
reflects a net decrease in grant funding in the amount of $4,800 for the
Home Care for the Elderly (HCE) Program for 2009.
For the grant period July 1,2008 through June 30, 2009
5) Recommendation that the Board of County Commissioners approves,
May 26, 2009
Page 14
and authorizes the Chairman to sign, twelve (12) Owner Occupied
Lien Agreements for Deferral of 1000/0 of Collier County Impact Fees
for owner-occupied affordable housing dwelling units located in
Collier County.
Liberty Landing Lot 45, $14,987.08; Lot 57, $14,987.08; Lot 118,
$12,442.46; Lot 59, $14,987.08; In Trail Ridge Lot 72, $22,325.96;
Lot 189, $22,325.96; Lot 187, $22,325.96; Lot 65, $22,325.96; Lot
71, $22,325.96; Lot 193, $22,325.96; Lot 182, $22,325.96; and Lot
194, $22,325.96
6) 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
Moved to Item #10K (Per Commissioner Henning during Agenda Changes)
7) Recommend that the Board of County Commissioners approves TDC
Category "A" Grant Applications from the City of Naples, The City of
Marco Island and Collier County for FY -09/1 0 in the amount of
$4,377,336.00 and authorize the Chairman to sign grant agreements
after County Attorney's approval.
8) Recommendation to approve the Summer Food Service Program
Grant in the amount of $588,400 for FY 2009.
Providing free nutritious meals during the summer to children
living in disadvantaged neighborhoods in Collier County
9) Recommendation that the Board of County Commissioners provide
after-the-fact approval for a Hazard Mitigation Grant Program
(HMGP) application submitted to the Florida Department Community
Affairs for the Golden Gate Community Center and Immokalee Sports
Complex in the amount of $146,260.
For installation of hurricane shutters in all building openings
(windows, doors, and vents) in the event of a hurricane that would
disrupt power in the community for an extended period of time
May 26, 2009
Page 15
10) Recommendation that the Board of County Commissioners approve
and authorize the Director of Housing and Human Services to
electronically submit the attached Senior Corps Retired and Senior
Volunteer Program (RSVP) application for grant renewal, to the
Corporation for National and Community Service, for the
continuation of the Collier County-sponsored RSVP program, that, if
awarded, will provide grant funds in the amount of $66, 167.
For the grant period September 30, 2009 through September 29,
2010, this program places retired seniors in non-profit
organizations and county agencies to perform community service
11) Recommendation that the Board of County Commissioners provide
after-the-fact approval for the attached Health Care and Other
Facilities Special Congressional Initiative grant application that was
submitted to the United States Health Resources & Services
Administration in the amount of $141 ,570 and, if awarded, to serve as
the Fiscal Agent and to authorize staff to negotiate agreements with
participating agencies.
Improving health care access to the uninsured through education
and outreach
12) Recommendation to approve a budget amendment recognizing $6,324
in revenue from an insurance reimbursement and appropriating funds
for purchase of a mower.
For use at Veteran's Community Park
13) Recommendation that the Board of County Commissioners award Bid
#09-5233 in the amount of$lS9,193 to Heatherwood Construction
Company, Inc., for the North Collier Regional Park Boardwalk
Addition.
Project #80602
E. ADMINISTRA TIVE SERVICES
1) Recommendation to award Bid No. 09-5215, Temporary Laborers, to
Able Body Labor, Balance Staffing, and Tradeforce Staffing for
temporary labor services.
Providing departments with flexible labor on a daily basis
May 26, 2009
Page 16
2) Recommendation to award Protective Footwear Bid #09-5178 to
Vic's Boot and Shoe and Uniforms Unlimited as co-vendors.
Pursuant to OSHA and is part of the County's environmental
health and safety program
3) Recommendation to award BID #09-5192 to Summit Training
Corporation for Online Safety Training services in the amount of
$49,875.
Pursuant to OSHA by providing a cost effective way of delivering
safety training that is part of the County's environmental health
and safety program
4) To gain approval from the Board of County Commissioners for a
Budget Amendment to Fund 516, Property and Casualty Insurance, to
fund the payment of claims expenditures related to Tropical Storm
Fay and to recognize anticipated reinsurance recoveries.
In the amount of $712,600 with the recovery estimated at $462,600
5) Recommendation to authorize the Chairman to accept a grant of
contractors services from the Florida Fish and Wildlife Conservation
Commission (FWC) to remove invasive exotic vegetation within
Conservation Collier property adjacent to Rookery Bay National
Estuarine Research Reserve (NERR).
At the location known as the Malt Property
6) To obtain approval for the transfer of funds from the Courthouse
Annex Project #52533.1 to Facilities Management Operating account
within the General Fund in the amount of$138,673.20 to reimburse
the operating account for the electric power and potable water
consumed by the general contractor (Kraft Construction) during the
construction of the Courthouse Annex.
7) Recommendation to approve a Budget Amendment to the Workers
Compensation Fund (518) for the funding of three large claims in the
amount of $622,797.
Reinsurance proceeds are estimated at approximately $585,842
May 26, 2009
Page 17
8) Recommendation to approve budget amendments providing sufficient
funding to operate and maintain the County's Intergovernmental 800
MHz Radio System for the remainder of Fiscal Year 2009.
Providing interoperable radio service to thirty-seven government
agencies and departments
9) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Second Amendment to the
Collier County Emergency Services Medical Consultant Contract with
Robert Boyd Tober, Inc. for authorized County business related
expenses and ratifies payment of such business related expenses since
the inception of the contract on September 1, 2001.
10) Recommendation that the Board direct staff to draft a Resolution for a
burial and cremation policy for unclaimed and indigent deceased in
Collier County.
For services conducted at Lake Trafford Memorial Gardens in
Immokalee
F. COUNTY MANAGER
1) Request that the Board of County Commissioners approves a
temporary waiver of the conditional use requirement, and authorize a
temporary location, for the Ochopee Fire Control and Rescue District
at Port of the Islands Hotel, and authorize the Chairman to sign a lease
to effect such approval.
Resolution 2009-131
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-132
3) Recommendation that the Board of County Commissioners approves a
grant application and authorizes electronic submittal by the Grants
Office and the Emergency Management Department for the United
States Department of Justice, Office of Community Oriented Policing
Services (COPS) Technology Program in the amount of$3S0,000.
May 26, 2009
Page 18
As detailed in the Executive Summary
4) Request Board of County Commissioners repeal Resolution No. 2009-
124 which established limitations on outdoor burning due to extreme
drought conditions and ending the Bum Ban effective immediately.
Resolution 2009-133
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation to reject all proposals received under RFP #09-5154
for updating the Bayshore Gateway Triangle CRA Redevelopment
Plan and mixed use overlays and to authorize staff to re-solicit
proposals.
The current plan does not reflect the redevelopment needs of the
community
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended on May 04, 2009 National Day of Prayer at Everglades City
Hall. $5.00 to be paid from Commissioner Coletta's travel budget.
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Eagle Scout Court of Honor for Jacob Kocses on May 3,
2009 in Naples, FL. $5.00 to be paid from Commissioner Coletta's
travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To inform the Board of final disposition of funds collected by the
Court system to fund the Juvenile Assessment Center. The Clerk of
May 26, 2009
Page 19
the Circuit Court is acting in a ministerial capacity for the
administration of the contract with the David Lawrence Center.
Receiving $72,921 in revenue under Ordinance 2004-42 in the
year ending September 30,2008
2) To obtain Board approval for disbursements for the period of May 2,
2009 through May 8, 2009 and for submission into the official records
of the Board.
For the period May 2, 2009 through May 8, 2009
3) To obtain Board approval for disbursements for the period of May 9,
2009 through May 15, 2009 and for submission into the official
records of the Board.
For the period May 9,2009 through May 15,2009
K. COUNTY ATTORNEY
1) Recommendation to authorize the Office of the County Attorney to
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to a $401,921.45 code enforcement lien, arising
from Code Enforcement Special Magistrate Case No. OSM 2006-
080472, entitled Board of County Commissioners, Collier County,
Florida vs. Jean Claude Martel.
For violations at properties on Karen Drive
2) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Patricia L. Galloway and Athena A. Galloway in County Court Small
Claims Division in and for Collier County, Florida, to recover
damages in the amount of $2,616.66.
For damages to a guardrail at an intersection on Burns Lake Rd.
3) Recommendation to approve a Stipulated Final Judgment in the
amount of$110,000.00 for Parcel 124 in the lawsuit styled Collier
County v. William Pilger, et al., Case No. 06-1125-CA (County Barn
Road Project #60101). (Fiscal Impact $49,670.00)
4) Recommendation to authorize the Office of the County Attorney to
May 26, 2009
Page 20
initiate foreclosure proceedings pursuant to Section 162.09, Florida
Statutes, in relation to ten (10) code enforcement liens, arising from
Code Enforcement Special Magistrate Case Nos. 2006-081081, 2006-
110049,2007-020244,2007-030057,2007-040275,2007-070378,
2007-070379,2007-080081,2007-080702,2008-007987, entitle d
Board of County Commissioners, Collier County, Florida vs. Henry
Tesno and Jill Weaver.
5) Request that the Board of County Commissioners directs the County
Attorney to advertise an ordinance amending the Collier County
Planning Commission Ordinance by requiring that candidates for the
Planning Commission must be nominated by the Commissioner of the
District in which the candidate resides for both initial and subsequent
terms. This request is contingent on the Board this date enacting the
proposed ordinance which relocates the Collier County Planning
Commission Ordinance from the Collier County Land Development
Code to the Code of Laws and Ordinances. (Companion to Item 17G)
6) Request that the Board of County Commissioners directs the County
Attorney to advertise an ordinance amending the Environmental
Advisory Council Ordinance by (I) reducing the membership from 9
to 5 regular members, and the alternate members from 2 to 1; (2)
reducing the technical membership guideline from 6 to 3 for the
regular members, (3) reducing the non-technical membership
guideline from 3 to 2 for the regular members; and (4) reducing the
quorum and voting requirement from 5 to 3 members. This request is
contingent on the Board this date enacting the proposed ordinance
which relocates the Environmental Advisory Council Ordinance from
the Collier County Land Development Code to the Code of Laws and
Ordinances. (Companion to Item 17J)
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
May 26, 2009
Page 21
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 P ARTICIP ANTS MUST BE SWORN IN.
A. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDZ-2008-AR-
13048, Nadesha Ranasinghe represented by Richard Y ovanovich of
Goodlette, Coleman & Johnson, PA and Ronald Nino of Vanasse & Daylor,
LLP are requesting a PUD rezone from the Estates (E) Zoning District to the
Commercial Planned Unit Development (CPUD) Zoning District to allow a
45,000-square foot commercial development including retail, service and
office uses to be known as Singer Park CPUD. The subject property,
consisting of 5 .15+/-acres, is located on the west side of Everglades
Boulevard and is approximately 290 feet south of Immokalee Road (CR
846) in Tract 128 of Golden Gates Estates, Unit 47, in Section 30, Township
47 South, Range 28 East, Collier County, Florida. (CTS)
Ordinance 2009-25
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDA-2008-AR-13792
Naples Botanical Gardens, Inc. and the Florida Gulf Coast University
Foundation, Inc., represented by R. Bruce Anderson, Esq., of Roetzel and
Andress; and Margaret Perry, AICP, of Wilson Miller, Inc., are requesting a
PUD Amendment for the Naples Botanical Garden PUD (Ordinance 03-29).
The approximately 171.2-acre subject property is located in Section 23,
Township 50 South, Range 25 East, Collier County, Florida. (CTS)
Ordinance 2009-26
C. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. ABW-2009-AR-14359
The Mercato, LLP, represented by D. Wayne Arnold ofQ. Grady Minor &
Associates, P.A., requesting a waiver pursuant to Section 5.05.01 A.6. of the
LDC to reduce the separation of 500 feet between establishments selling
alcoholic beverages for on-premise consumption to 25.6 feet. The subject
property is located at Unit 6160, Mercato MPUD, Section 34, Township 48
May 26, 2009
Page 22
South, Range 25 East, Collier County, Florida.
Resolution 2009-134
D. This item requires 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 VESMT-
2006-AR-I0989, 191 Bayfront Drive, to disclaim, renounce and vacate the
County's and the Public's interest in a certain Conservation Easement,
created by Collier County Resolution No. 90-416, and recorded in the Public
Records of Collier County at O.R. Book 1551, Pages 2211 through 2221,
over a portion of Lot 31, Bayfront Gardens, a subdivision as recorded in Plat
Book 14, Pages 114 through 117, of the Public Records of Collier County,
Florida, situated in Section 6, Township 48 South, Range 25 East, Collier
County, Florida, and to accept a replacement Conservation Easement located
on the same parcel.
Resolution 2009-135
E. Recommendation that the Board of County Commissioners approve an
ordinance deregulating taxicab and charter service rates, establishing a
consumer advisory board, providing guidelines for obtaining vehicle for hire
licenses, establishing penalties for non-compliance, removing industry
protectionism, and thereby condensing the Public Vehicle For Hire
Ordinance provisions, consistent with the Board of County Commissioners'
previous direction. (This item is a companion to 16A4)
Ordinance 2009-27
F. Recommendation to adopt an Ordinance amending Ordinance No. 91-107 as
amended, which created the Forest Lakes Roadway and Drainage Municipal
Service Taxing Unit (MSTU), to include installation of sidewalks and
related amenities, beautification and maintenance of areas within the MSTU
as determined by the Advisory Committee.
Ordinance 2009-28
G. Recommendation that the Board of County Commissioners adopts an
Ordinance relocating the Planning Commission Ordinance from the Collier
County Land Development Code to the Collier County Code of Laws and
Ordinances while concurrently repealing Section 8.03.00 of the Collier
May 26, 2009
Page 23
County Land Development Code.
Ordinance 2009-29
H. Recommendation that the Board of County Commissioners adopts an
Ordinance relocating the Board of Zoning Appeals Ordinance from the
Collier County Land Development Code to the Collier County Code of Laws
and Ordinances while concurrently repealing Section 8.04.00 of the Collier
County Land Development Code.
Ordinance 2009-30
I. Recommendation that the Board of County Commissioners adopts an
Ordinance relocating the Building Board of Adjustments and Appeals
Ordinance from the Collier County Land Development Code to the Collier
County Code of Laws and Ordinances while concurrently repealing Section
8.05.00 of the Collier County Land Development Code.
Ordinance 2009-31
J. Recommendation that the Board of County Commissioners adopts an
Ordinance relocating the Environmental Advisory Council Ordinance from
the Collier County Land Development Code to the Collier County Code of
Laws and Ordinances while concurrently repealing Section 8.06.00 of the
Collier County Land Development Code.
Ordinance 2009-32
K. Recommendation that the Board of County Commissioners adopts an
Ordinance relocating the Historic/ Archaeologic Preservation Board
Ordinance from the Collier County Land Development Code to the Collier
County Code of Laws and Ordinances while concurrently repealing Section
8.07.00 of the Collier County Land Development Code.
Ordinance 2009-33
Moved to Item #7 A (Per Agenda Change Sheet)
L. This item has been continued from the April 28, 2009 BCC meetin2:.
This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-13977
Tim Chess of McDonalds USA, LLC, represented by Jeffrey Satfield of
CPH Engineers, Inc., is requesting a Variance from the landscape
requirements of Land Development Code Subsection 4.06.02, Buffer
May 26, 2009
Page 24
Requirements, in the General Commercial (C-4) and Gateway Triangle
Mixed Use Subdistrict (GTMUD-MXD), to allow a modification of the
required 7.5-foot wide buffer on the western side of the property; and to
reduced buffer widths on the propertys northern side from 15 feet to ten feet,
the eastern side from 7.5 feet to five feet, and the southern side from 10 feet
to five feet. The 0.86-acre subject property is located at 2886 Tamiami Trail
East, in Section 11, Township 50 South, Range 25 East, Collier County,
Florida. (CTS)
M. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-136
18. ADJOURN
Motion to Adjourn - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
May 26, 2009
Page 25