Recap 06/09/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
June 9, 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 (Absent)
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."
June 9, 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 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 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 w/changes - 4/0
B. May 12, 2009 - BCC/Regular Meeting
Approved as presented - 4/0
C. May 13,2009 - BCe/Strategic Planning Workshop
Approved as presented - 4/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards
5 Years:
June 9, 2009
Page 2
1) Victor L. Brittain, Bayshore Beautification MSTU Advisory
Committee
Presented
2) Rayburn eadwallader, Housing Finance Authority
Presented
3) Byron J. Meade, Airport Authority
Presented
4) Judith M. Hushon, Environmental Advisory Council
Presented
B. 10 Years:
1) Robert H. Jones, Forest Lakes Roadway & Drainage Advisory
eommi ttee
Presented
4. PROCLAMATIONS (One Motion was taken to Adopt All Proclamations)
A. Proclamation designating July 20,2009 as Colombian Flag Day to recognize
the efforts of the Colombian community in promoting cross-cultural
understanding throughout Southwest Florida by way of concerts, seminars,
public forums, and events related to Colombian and American History. To
be accepted by Ernesto Velasquez.
Adopted - 4/0
B. Proclamation for the Waste Reduction Awards Program recipient "The elub
& Spa at Fiddlers Creek" for their outstanding green business practices and
continued efforts to promote waste reduction and recycling. To be accepted
by Mr. Ron Albeit, General Manager and Mr. Phil Brougham, Chairman,
Fiddler's Creek eDD 1.
Adopted - 4/0
C. Proclamation recognizing June 20, 2009 as World Refugee Day. As we see
exponential growth in the number of refugees and displaced people around
the world with over eighty percent being women and children their tenacity
and strength is honored with this day of recognition of their plight and we
June 9, 2009
Page 3
welcome the many who have been assimilated into our society. To be
accepted by Sharon Kirkpatrick and Bob Saunders, District 3 Director,
eatholic eharities of eollier eounty.
Adopted - 4/0
5. PRESENTATIONS
Withdrawn (Per Agenda Change Sheet)
A. This item continued from the Mav 26, 2009 BCC Meetin2. Presentation
by Michael Sole, Secretary, Florida Department of Environmental Protection
regarding Comprehensive Everglades Restoration Plan.
B. Recommendation to recognize Heidi Fahnestock, Nutrition Program Leader,
Housing and Human Services, as Employee of the Month for May 2009.
Presented
C. eontractor Presentation: Santa Barbara Boulevard 6 Lane from Davis
Boulevard (SR-84) to Copper Leaf Lane and Radio Road 4 Lane from Santa
Barbara Boulevard to Davis Boulevard.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Adam Oosterbaan to discuss median cut at
entrance to eamden Cove/Brittany Bay Communities.
Staff to work with petitioner
B. Public petition request by Naomi McFarland to discuss back sewer charges
for residents of Tall Oaks.
Staff to work with the residents and the land owner until a resolution is
met, extending the deadline - Approved 4/0
C. Public petition request by Brian Ohlis to discuss beer sales in Sugden Park
for the F 1 Champ Boat Grand Prix Event.
Staff to work with petitioner and staff to bring back a report on the
safety aspect of the event at the June 23 BCC Meeting - Approved 4/0
Item 7 and 8 to be heard no sooner than 1:00 p.m.. unless otherwise noted.
June 9, 2009
Page 4
7. BOARD OF ZONING APPEALS
A. This item continued to the June 23, 2009 BCC Meetin2. This item
requires that all participants be sworn in and ex parte disclosure be
provided bv Commission members. Petition: SV-2009-AR-l4140 Red
Roof Inn, represented by Brent Forte of Site Enhancement Services, Inc. is
requesting four Sign Variances from LDC Section 5.06.04. The first
variance is from Subsection 5.06.04 e.l. which requires a minimum
separation of 1,000-foot between signs to allow 262 feet between signs. The
second variance is from Subsection 5.06.04 e.1.a. which allows a 15-foot
high sign to allow a 23-foot high sign. The third variance is from Subsection
5.06.04 C.l.c. which allows a sign area of 80 square feet to allow a sign area
of96 square feet. The fourth variance is from Subsection 5.06.04 CA which
permits one wall sign to allow an additional wall sign. The subject property
is located at 1925 Davis Boulevard, in Section 2, Township 50 South, Range
25 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
Moved from Item #17F (Per Commissioner Fiala during Agenda Changes)
A. Recommendation that the Board of County eommissioners adopts an
Ordinance amending Ordinance No. 2009-32, the Environmental Advisory
eouncil 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.
Ordinance 2009-36 Adopted - 3/1 (Commissioner Fiala opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County eoastal Advisory
Committee.
Resolution 2009-153: Appointing Victor N. Rios (term expiring on May
22,2013) and Robert Raymond (term expiring on May 22,2011)-
Adopted 4/0
June 9, 2009
Page 5
B. Appointment of members to the Contractor's Licensing Board.
Resolution 2009-154: Re-appointing Richard E. Joslin, Jr., Terry
Jerulle and Thomas X. Lykos - Adopted 4/0
C. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2009-155: Re-appointing Valaree D. Maxwell (term expiring
on June 25, 2013) and F. William Forbes (term expiring on June 25,
2011) - Adopted 4/0
10. COUNTY MANAGER'S REPORT
A. Discussion on Fence Height Waivers per request of the Board of County
Commissioners. (Susan Istenes, AIep, Director, Zoning & Land
Development Review, eDES)
Motion to be place on future LDC - Approved 4/0
B. This item was continued from the Mav 26, 2009 BCC meetin2, and at
the request of Commissioner Halas and the stakeholders, is further
continued to the June 23, 2009 BCC meetin2. Recommend approval from
the Board of County eommissioners to install Navigational Markers in
Outer elam Bay for USAeE permit compliance and recommendation to
move forward with permitting and installation. (Gary McAlpin, Coastal
Zone Management Director)
Moved from Item #16C16 (Per Agenda Change Sheet)
C. Recommendation for Board approval for County Staff to Attend the June 19,
2009 Florida Public Service eommission Meeting to Challenge the Florida
Power and Light Company (FPL) Rate Review and Proposed Rate of Return
on Investment (ROI) of 12.5 percent, and to Support the Proposed Electric
Service Prepayment eoncept.
Approved - 4/0
Moved from Item #16B2 (Per Agenda Change Sheet)
D. This item to be heard at 11 :30 a.m. Recommendation that the Board of
County eommissioners approves the transfer of administrative duties and
services for the Haldeman Creek Maintenance Dredging Municipal Service
Taxing Unit (MSTU) from Alternative Transportation Modes to Bayshore
Gateway Triangle Community Redevelopment Agency (eRA) staff; directs
the Budget Office to discontinue the annual transfer of funds from the Road
June 9, 2009
Page 6
and Bridge Maintenance (Fund lOl) to the Bayshore Beautification MSTU
(Fund 163) as ofFY10.
Motion for the transfer of administration duties from A TM to the
Bayshore CRA - Failed 2/2 (Commissioner Henning and Commissioner
Coletta opposed); Motion to accept Staff's recommendations and to
bring back for discussion at Budget Hearings - Approved 4/0
Moved from Item #16E6 (Per Agenda Change Sheet)
E. Recommendation that the Board of eounty eommissioners approves the
submittal of United States Department of Energy (DOE) Energy Efficiency
and Conservation Block Grant application for American Recovery and
Reinvestment Act of 2009 (ARRA) funding in the amount of $3,036,000.
Approved - 4/0
Added (Per Agenda Change Sheet)
F. Recommendation to approve a resolution of a dispute between the Collier
County Water-Sewer District and the South Florida Water Management
District concerning the Picayune Strand Reservation Rule and Water Use
Permit Application 060908-9, where the eollier eounty Board of eounty
Commissioners, as Ex-Officio the Governing Board of the Collier County
Water-Sewer District, agrees to withdraw its Petition for Administrative
Hearing ehallenging the Picayune Strand Water Reservation Rule
contingent on approval by the South Florida Water Management District
Governing Board of the attached District Staff Report authorizing an
increase in the County's permitted allocation under Water Use Permit 11-
00249- W from the Lower Tamiami Aquifer from 6,868 Million Gallons per
Year to 9,673 Million Gallons per Year and the attached letter confirming
this increased allocation shall be considered an existing legal use of water as
of June 11,2009. (Staffs request.)
Resolution 2009-156 Adopted - 4/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
June 9, 2009
Page 7
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Leo Ochs - Need for a Post Legislative Workshop
B. Commissioner Coyle - Location of Sugden Park Ski and Sailing Club
Building - Staff to work with Parks and Rec and bring back at next
meeting - Consensus; Attracting Jackson Labs from Maine to re-Iocate
in Collier County
C. Commissioner Coletta - Staff and IT issues; conflicts between
commercial property and residential property in the Estates - possible
LDC Amendment
D. Commissioner Henning - Legislators extending permits until 2012; staff
to bring back policy change focusing on local business - Consensus
E. Commissioner Coyle - Motion to Adjourn - Approved 4/0
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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 - 4/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Runaway Bay at Fiddlers
Creek with the roadway and drainage improvements being privately
maintained.
Resolution 2009-141; w /release of the Maintenance Security
2) Recommendation to approve final acceptance of the water utility
facility for Grevillius Building.
With release of any Utilities Performance Security (UPS)
3) Recommendation to award Bid #09-5075, Collection Agency Services
for Collier County to MINTEX, Inc.
June 9, 2009
Page 8
For collections on past due accounts at a cost saving rate for a 2
year period with an renewal clause for an addition 2 year period
B. TRANSPORTATION SERVICES
1) Recommendation to approve a Budget Amendment in the amount of
$108,719.05 for Traffic Accident Reimbursements, Fund l12 Project
#60076.1, and to recognize revenues for future repairs.
Recognizing these revenues will allow for broken irrigation
components to be repaired and damaged plant material to be
replaced
Moved to Item #10D (Per Agenda Change Sheet)
2) Recommendation that the Board of eounty Commissioners approves
the transfer of administrative duties and services for the Haldeman
ereek Maintenance Dredging Municipal Service Taxing Unit (MSTU)
from Alternative Transportation Modes to Bayshore Gateway
Triangle eommunity Redevelopment Agency (CRA) staff; directs the
Budget Office to discontinue the annual transfer of funds from the
Road and Bridge Maintenance (Fund 101) to the Bayshore
Beautification MSTU (Fund 163) as ofFY10.
3) Recommendation to accept the FY09-10 Federal Transit
Administration Section 5310 Grant award in the amount of$75,080
and to approve the purchase of one (1) paratransit vehicle utilizing
those funds.
4) Recommendation to approve a Resolution approving and authorizing
the Chairman of the Board of eounty Commissioners to execute a
Local Agency Program Agreement with the Florida Department of
Transportation, which Agreement implements up to $280,000 for the
construction of a SeOOT (Split Cycle Offset Optimization
Technique) System on Airport Road by Collier eounty, with
reimbursement by the Florida Department of Transportation.
Resolution 2009-142
5) Recommendation to accept the FY08-09 grant award under the
Federal Transit Administration (FT A) Section 5311 American
Recovery and Reinvestment Act (ARRA) Program in the amount of
June 9, 2009
Page 9
$495,090.00 and to execute the Joint Participation Agreement (JP A)
between Florida Department of Transportation (FDOT) and Collier
eounty. (Paratransit vehicle, bus shelters, electronic fareboxes and
related equipment)
Resolution 2009-143
6) Recommendation to award Bid #09-5241 for construction of Lely
Area Stormwater Improvement Project (LASIP) Mitigation Park
Restoration Proj ect No. 60084.1, to EarthBalance in the amount of
$60,053.00 plus a ten percent contingency.
The grant requires the restoration of disturbed wetland area and
replanting Florida native species
7) Recommendation to accept the Immokalee Stormwater Master Plan as
commissioned by the Big eypress Basin of the South Florida Water
Management District and approve staffs approach to update the plan.
Addressing flooding and water quality concerns
C. PUBLIC UTILITIES
1) Recommendation to authorize a Budget Amendment of$633,362.96
from Reserves for eapital to Project Number 73969, South County
Water Reclamation Facility Technical Support. (Odor Control System
improvements)
Keeping consistent with the operational and reliability needs,
meeting the demand for reclaimed water while meeting
compliance with regulatory requirements which were previously
deferred due to revenue constraints
2) Recommendation to authorize a Budget Amendment of $270,396.00
from Reserves for eapital to Project Number 7l066, North eounty
Regional Water Treatment Plant Technical Support. (Power
distribution upgrades, chemical tank upgrades, degasifier upgrades)
Keeping consistent with the operational and reliability needs,
meeting the demand for potable water while meeting compliance
with regulatory requirements which were previously deferred due
to revenue constraints
June 9, 2009
Page 10
3) Recommendation to authorize a Budget Amendment of $599,280.00
from Reserves for Capital to Project Number 73968, North eounty
Water Reclamation Facility Technical Support. (Chemical piping spill
containment, bleach system pump improvement, aeration blower
controller replacements, flow meter replacements)
Keeping consistent with the operational and reliability needs,
meeting the demand for irrigation-quality water while meeting
compliance with regulatory requirements which were previously
deferred due to revenue constraints
4) Recommendation to authorize a Budget Amendment to reallocate
funds in the amount of $85,000 from Reserves to the Irrigation
Quality Water Source Integration Project #74405. (System
distribution and inter-connection upgrades)
To interconnect the line associated with the Livingston Rd
Supplemental wells to the Collier County IQ Water Transmission
System
5) Recommendation to approve a Budget Amendment in the amount of
$100,000.00 for the Collier County Inflow & Infiltration
Implementation Program for the continuance of the Flow Meter
Assessment phase of the Project #72500.
Evaluating the existing particular 70 pump stations allowing the
purchase and installation of flow meters to collect flow data
6) Recommendation to approve a Budget Amendment of $82,227.00
from Reserves for Capital to Project Number 73964, Wastewater
Supervisory Control and Data Acquisition System Improvements.
(NCWRF SCADA system upgrades)
Keeping consistent with the operational and reliability needs,
meeting the demand for irrigation-quality water while meeting
compliance with regulatory requirements which were previously
deferred due to revenue constraints
7) Recommendation to approve a Budget Amendment in the amount of
$215,000.00 from Reserves for eapital to Project Number 73974.2,
South eounty Water Reclamation Facility Deep Injection Well Surge
and Pressure Relief System Rehabilitation.
June 9, 2009
Page 11
Keeping consistent with the operational and reliability needs,
meeting the demand for wastewater and irrigation quality water
service while meeting compliance with regulatory requirements
which were previously deferred due to revenue constraints
8) Recommendation to approve a Budget Amendment in the amount of
$100,000 to complete the design and permitting of the IQ Water
Booster Station and to provide engineering services during its
construction, Project #74076.
To improve the reliability of irrigation quality water system
optimizing the use of limited resources on Livingston Road
9) Recommendation to authorize a Budget Amendment of$93,388.00
from Reserves for Capital to Project Number 73922 Wastewater
eollections SCADA (Supervisory eontrol & Data Acquisition
System) Improvements. (Acquisition/installation of power restoration
monitoring devices)
For monitoring over 750 lift stations (wastewater pumping
stations) that will detect the restoration of power and when it's
fully restored
10) Recommendation to approve a Work Order under Contract #08-5011
Underground Utilities Contracting Services in the amount of
$573,362.70 to Quality Enterprises USA, Inc.; Projects #73307 and
#73972. (Modifications to wastewater pumping stations in
Wyndemere and Kings Lake)
Consisting of structural, piping and electrical modifications to 8
pump stations with 2 in Kings Lake and 6 in Wynd em ere
Development
11) Recommendation to authorize a Budget Amendment of $500,000.00
from Reserves for eapital to Project Number 70009, Cross
eonnection Program. (Acquisition/installation of b ackfl ow prevention
devices)
To help prevent backflow of contaminants into the water system
12) Recommendation to authorize a Budget Amendment of$489,853.00
from Reserves for eapital to Project Number 71010, Distribution
June 9, 2009
Page 12
System Renewal and Replacement. (Replacement of obsolete water
mains and meters)
Allowing for the replacement of water mains and 3/4 -inch to 2-
inch meters in several areas of the distribution system that have
reached the end of their useful life
13) Recommendation to authorize a Budget Amendment of$124,435.00
from Reserves for Capital to Project Number 71050, Primary
Transmission System Rehabilitation. (Water main interconnection
projects)
That will improve the water quality, fire protection, and water
pressure in several sectors of the County Water Distribution
14) Recommendation to approve a Purchase Agreement with Russell
Willis Holaway and Nancy Holaway for 2.5 acres for the Solid Waste
Management Departments proposed Resource Recovery Park, at a
total cost not to exceed $72,000; PROJECT #59007.
Located in Section 25, Township 49 South, Range 26 East,
adjacent to the existing county landfill
15) Recommendation to authorize a Budget Amendment of $400,000.00
from Reserves for Capital to Project Number 70010, Meter Renewal
and Replacement; approve the sole source purchase of 3 and above
water meters from Sunstate Meter & Supply, Inc.
Replacing large meters that have decreased accuracy in readings
and have also reached the end of their useful life
Moved to Item #10C (Per Agenda Change Sheet)
16) Recommendation for Board approval for eounty Staff to Attend the
June 19, 2009 Florida Public Service Commission Meeting to
Challenge the Florida Power and Light Company (FPL) Rate Review
and Proposed Rate of Return on Investment (ROI) of 12.5 percent,
and to Support the Proposed Electric Service Prepayment Concept.
17) Recommendation to approve a Budget Amendment of approximately
$2,400,000 to transfer a Master Pump Station Mechanical
Improvement project from the wastewater capital projects fund to the
2006 Revenue Bond Proceeds Fund to segregate the project funded by
the 2006 Revenue Bond.
June 9, 2009
Page 13
As detailed in the Executive Summary
18) Recommendation to approve an early payoff of a State Revolving
Fund (SRF) Preconstruction Loan in the amount of $1,162,787.08 and
approve necessary Budget Amendments.
Early payoff will save a year in debt service payment
D. PUBLIC SERVICES
1) Recommendation to approve a resolution to support the concept of a
1 ,600-acre recreation area within the Dade-eollier Training and
Transition Airport which would support a variety of recreational
activities inclusive of Off Highway Vehicles (OHV) use and trails
with Miami Dade eounty.
Resolution 2009-144
2) Recommendation to approve an agreement with the District School
Board of Collier County for transporting school-age summer
recreation program participants at an estimated cost of $50,000.
For eighteen hundred summer campers enrolled in Parks
Department summer camps that will go on one field trip each
week
3) Recommendation to approve a Budget Amendment in the amount of
$100,615 to ensure continuous funding of the Alzheimer's Disease
Initiative grant in the Services for Seniors program from the Area
Agency on Aging and authorize eligible expenditures prior to the
execution of the agreement.
Allowing for uninterrupted support services for frail and elderly
clients for the period of July 1, 2009 through June 30, 2010
4) Recommendation to approve a Budget Amendment in the amount of
$672,993 to ensure continuous funding of the Community eare for the
Elderly grant for the Services for Seniors program from the Area
Agency on Aging and authorize eligible expenditures prior to the
execution of the agreement.
Allowing for uninterrupted support services for frail and elderly
clients for the period of July 1, 2009 through June 30,2010
June 9, 2009
Page 14
5) Recommendation that the Board of eounty Commissioners approves,
and authorizes the Chairman to sign, six (6) Owner Occupied lien
agreements for deferral of 100% of Collier eounty impact fees for
owner-occupied affordable housing dwelling units located in eollier
County.
Deferring impact fees for the following lots and amounts located
at Liberty Landing in Immokalee for Lot 60, $14, 987.08 and at
Trail Ridge in Naples Lot 190, $22,325.96; Lot 192, $22,325.96;
Lot 73, $22,325.96; Lot 70, $22,325.96; Lot 69, $22,325.96
6) Recommend approval from the Board of County Commissioners to
contract for the engineering, design and permitting for Wiggins Pass
Improvements as outlined in the April 6, 2009 Coastal Planning and
Engineering Proposal for $160,717 on a time and materials, not to
exceed price basis.
Strengthening the interior and exterior channels, building sand
dikes to train the interior channel in to the proposed channel bed
re-nourishing Barefoot Beach where significant erosion occurred
7) Recommendation to approve and sign a limited use license agreement
between the Board of County Commissioners and the Naples Junior
Chamber of eommerce, Inc., approving use of specified county-
owned property for conducting a July 4th Fireworks Festival.
A family-oriented event with musical entertainment, food
vendors, and fireworks at dusk held at Sugden Regional Park
8) Recommendation that the Board of County Commissioners approve
and authorize the ehairman to sign an Interlocal Agreement with
Everglades City for improvements to McLeod Community Park in the
amount of $60,000.
To include new fencing for the tennis courts, around the park,
improvements to the playground and skate park
9) Recommendation that the Board of County Commissioners approves a
Florida Fish and Wildlife (FWCC) grant funding in the amount of
$80,000, together with a $10,000 match by the eounty to the
University of Florida for a boater characterization study.
June 9, 2009
Page 15
To address boating access, congestion hot spots, potential user
conflicts, resource protection and education needs in the county
10) Recommendation for the Board of County Commissioners to approve
the Award of Bid #09-5167 to the lowest qualified responsive bidder
BeBE Construction Co., Inc., for the construction contract for Sugden
Park Water Ski & Sailing eenters Proj ect #80007.1 in the amount of
$6l2,539.00.
The project will include installation of two free standing buildings
for the ski center. Each building includes exterior covered
decking, classrooms, separate restrooms and an office
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an agreement with the Area
Agency on Aging for Southwest Florida, Inc. in the amount of
$68,901.84. These federal funds are provided by the United States
Department of Health and Human Services under the American
Recovery and Reinvestment Act of 2009 and will be used to increase
congregate and home delivered meals for seniors in Collier eounty.
12) Recommend that the Board of eounty Commissioners approve and
authorize the ehairman to sign ehange Order # 1 to Work Order
e3TS-FT-4153-08-02 for design consultant C3TS for the Manatee
Park Project (#80122.1) design in the amount of $50,000.00 on a time
& material, not-to-exceed basis to provide the Site Development Plan
and the required SFWMD permits. The net contractual value of
services will total $243,950.00.
13) Present to the Board of eounty eommissioners 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.
14) Recommendation to award eontract #09-5242, Naples Station
Museum Phase IV to Wall Systems Inc. of SWFL, d/b/a Professional
Building Systems, in the amount of $98,238 to complete installation
of a fire suppression sprinkler system in the Naples Depot Museum.
June 9, 2009
Page 16
15) Recommendation to approve a Budget Amendment in the amount of
$6,191 to ensure continuous funding of the Home Care for the Elderly
grant for the Services for Seniors program from the Area Agency on
Aging and authorize eligible expenditures prior to the execution of the
agreement.
Allowing for uninterrupted support services for frail and elderly
clients for the period of July 1, 2009 through June 30,2010
E. ADMINISTRATIVE SERVICES
1) Affirm the applicability of the current Purchasing Policy to all eounty
contracts.
Including adjustments to various dollar authorization thresholds
2) Recommendation to award Bid #09-5187 On-Call Mechanical
eontractor to Piping Unlimited and Retro, Inc.; eonditioned Air
eorporation; Hill York eorporation; and Page Mechanical Group,
Inc., for mechanical contractor services.
For maintenance, repair and replacement of all air-conditioning
equipment used throughout the county in various County facilities
3) Recommendation to approve a Budget Amendment to recognize and
appropriate Building Maintenance Special Service and other Building
Maintenance revenues totaling $185,866.40 for reimbursement of
personnel and operating expenses in Fiscal Year 2009.
For services not exclusively for repair and maintenance
(locksmith, cabinet making, special event setups, etc.)
4) Recommendation to Award Bid #09-5250, Furniture Relocation
Services for the New eollier County eourthouse Annex, to Office
Furniture and Design Concepts, Inc. in the amount of$64,100.00.
For disassembling, relocating, and re-assembling all non-system
furniture for the Clerk of Courts
5) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
Reports cover the period of April 22, 2009 through May 19, 2009
Moved to Item #10E (Per Agenda Change Sheet)
June 9, 2009
Page 17
6) Recommendation that the Board of eounty Commissioners approves
the submittal of United States Department of Energy (DOE) Energy
Efficiency and Conservation Block Grant application for American
Recovery and Reinvestment Act of 2009 (ARRA) funding in the
amount of $3,036,000.
F. COUNTY MANAGER
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the fiscal Year 2008-09 Adopted Budget.
Resolution 2009-145
2) Recommendation that the Board of County Commissioners approves
using tourist tax dollars to fund the Tourism Department summer
marketing campaign up to $414,836 from Emergency Advertising
Fund 196.
For the period of July 1, 2009 through September 30,2009
3) Recommendation to award Bid #09-5217 for the purchase of
emergency medications to Henry Schein Matrix Medical, Kentron
Health Care, Inc., Midwest Medical Supply eompany, Bound Tree
Medical, LLC and Alliance Medical DBA Allmed for the Emergency
Medical Services Department for an estimated cost for FY 09 of
$100,000.
4) A resolution of the Board of County eommissioners of Collier
eounty, Florida amending Resolution No. 91-185; appointing
representatives to the Florida Local Government Finance
eommission; and providing an effective date.
Resolution 2009-146
5) Recommendation to approve expenses not to exceed $600 for Collier
eounty to provide bus service for conference participants from other
counties to two locations scheduled June 25, 2009, during the Florida
Association of Counties 2009 Annual eonference in Collier County at
the Marriott Marco Island Resort.
June 9, 2009
Page 18
Staff has secured a 37 passenger bus that will operate from 7 p.m.
to 11 p.m. for the transporting of conference participants
6) Recommendation that the Board of eounty eommissioners authorizes
an offering of the Voluntary Separation Incentive Program pursuant to
eollier County Ordinance No. 09-13, empowers the County Manager
to implement the program, and authorizes the Chairman to sign the
enabling Resolution.
Resolution 2009-147
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency to
adopt a Resolution amending eRA Resolution 2001-98 as it relates to
the Bylaws of the Bayshore/Gateway Triangle Local Redevelopment
Advisory Board.
CRA Resolution 2009-148
2) Recommendation for the eommunity Redevelopment Agency to
adopt a Resolution amending the terms of office of three members of
the Bayshore/Gateway Triangle Local Redevelopment Advisory
Board.
CRA Resolution 2009-149
3) Recommend approval of the award of RFP #09-5184 and Professional
Services Agreement between Collier eounty Community
Redevelopment Agency and Pizzuti Solutions, LLC for Phase I
Planning/Professiona1 Pre-Development Services for a Mixed Use
Development on eRA-owned land in an estimated annual amount of
$527,252.
4) Request that the Collier County Redevelopment Agency approve the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) eommercial Facade Improvement
Grant Program for reimbursement of $18,457 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #50 located at
417 New Market Road in Immokalee, Florida.
June 9, 2009
Page 19
5) Request that the eollier eounty Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (eRA) Commercial Facade Improvement
Grant Program for reimbursement of $20,000 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #65 located at
501 North 15th Street in Immokalee, Florida.
6) Request that the eollier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) eommercial Facade Improvement
Grant Program for reimbursement of $12,222 for B&B eash Grocery
Stores, Inc. for improvements to the Handy Food Store #77 located at
1812 Lake Trafford Road in Immokalee, Florida.
7) Request that the Collier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (eRA) Commercial Facade Improvement
Grant Program for reimbursement of $20,000 for B&B Cash Grocery
Stores, Inc. for improvements to the Handy Food Store #91 located at
820 West Main Street in Immokalee, Florida.
8) Request that the eollier County Redevelopment Agency approves the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) eommercial Facade Improvement
Grant Program for reimbursement of $6,838 for B&B Cash Grocery
Stores, Inc. for improvements to their property located at 415 New
Market Road in Immokalee, Florida which is currently being leased
by Hayden's eoin Laundry.
9) Request that the Collier eounty Redevelopment Agency approves the
application and recipient agreement for the Immokalee eommunity
Redevelopment Agency (eRA) Commercial Facade Improvement
Grant Program for reimbursement of $l7 ,420 for B&B eash Grocery
Stores, Inc. for improvements to their property located at 507 North
15th Street in Immokalee, Florida which is currently being leased by
Zach's Clothing Store.
10) Request that the eollier eounty Redevelopment Agency approves the
application and recipient agreement for the Immoka1ee Community
June 9, 2009
Page 20
Redevelopment Agency (CRA) eommercial Facade Improvement
Grant Program for reimbursement of $12,866 for TriQuest, Inc. for
improvements to their commercial property located at 212 & 214
South First Street in Immokalee, Florida.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Glory of the Grape Wine Tasting Event on June 7, 2009
at the Marco Island Yacht Club on Marco Island, FL. $40.00 to be
paid from Commissioner Fiala's travel budget.
Located at 1400 N. Collier Blvd., Marco Island
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Boater's Night Dinner on June 3, 2009 at the Marco
Island Yacht elub on Marco Island, FL. $15.00 to be paid from
Commissioner Fiala's travel budget.
Located at 1400 N. Collier Blvd., Marco Island
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Event Divas on May 13,2009 at Trilogy in
Naples, FL. $25.00 to be paid from eommissioner Fiala's travel
budget.
Located at 720 5th Avenue S., Naples
4) Commissioner Coletta requests approval for reimbursement for
attending a function serving a valid public purpose. Commissioner
paid in advance to attend the Project Innovation Neighborhood
America presentation on June 4, 2009 and is requesting
reimbursement in the amount of$10.00 to be paid from his travel
budget.
Located at 2210 Vanderbilt Beach Road, Naples
I. MISCELLANEOUS CORRESPONDENCE
June 9, 2009
Page 21
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 May 16,
2009 through May 22, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of May 23,
2009 through May 29,2009 and for submission into the official
records of the Board.
3) To present to the Board of County eommissioners the State Revenue
Sharing Application for Fiscal Year 2009-2010 and to obtain approval
for the Chairman to sign the application.
For funds distributed under the State Revenue Sharing Act
4) To obtain Board approval of year three of Contract #07-4152,
Auditing Services for Collier County, with Ernst and Young LLP, in
the amount of $639,400 and authorize execution of an official
engagement letter and Budget Amendment for audit services.
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated final Judgment in the
amount of$13,600 for Parcel 156RDUE in the lawsuit styled Collier
County v. Michael J. Crouch, et al., ease No. 07-369l-eA (Oil Well
Road Project 60044). (Fiscal Impact None.)
For a .052 acre parcel needed for a non-exclusive road right-of-
way, drainage and utility easement
2) Recommendation to approve a Stipulated Final Judgment in the
amount of $600,000 for Parcel 133 in the lawsuit styled Collier
County v. West Coast Development Corporation of Naples, Inc., et aI.,
Case No. 06-0708-CA (Santa Barbara Boulevard Project 62081).
(Fiscal Impact $397,700.)
Needed for a road right-of-way, drainage and utility easement
June 9, 2009
Page 22
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION 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 all participants be sworn in and ex parte
disclosure be provided bv Commission members: CU-2003-AR-3725:
Close Up Creatures, Inc., in reference to NGALA, represented by Robert J.
Mulhere, AIep of RWA, Inc. and Richard D. Yovanovich, Esquire, of
Goodlette, eoleman, Johnson, Yovanovich & Koester, P.A., is requesting
Conditional Uses pursuant to the Land Development Code Section
2.03.0 l.A.1.C. The eonditiona1 Uses being requested are as follows:
Number 5, to allow aquaculture for non-native or exotic species subject to
Florida Fish and Wildlife eonservation Commission permits; Number 23, to
allow a Cultural, Ecological or Recreational Facility; and Number 25,
commercial production, raising or breeding of exotic animals. The subject
property which has a Rural Agriculture zoning district designation and
consists of 21 acres, is located on Inez Road S. W., at the northwestern
corner of the intersection of Inez Road and Kearney Avenue, approximately
mile south of Keene Avenue, in Section 30, Township 49 South, Range 27
East, Collier County, Florida. (CTS)
Resolution 2009-150
B. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: PUDA-2008-AR-
13801: William L. Hoover, President of Catalina Land Group, Inc. the
Manager of Wolf Creek Estates LLC and Buckstone Estates LLC; and Larry
Mayer Abbo, Vice President of Prime Homes at Portofino Falls, Ltd., all of
which are represented by William L. Hoover, AICP of Hoover Planning and
Development, Inc. and Richard Y ovanovich, of Goodlette, eoleman et al
June 9, 2009
Page 23
and Josh Fruth of Davidson Engineering, Inc. are requesting a PUD
Amendment for Wolf Creek RPUD to revise traffic stipulations. The
applicant is proposing to change Section 5.7, Paragraph N and Paragraph 0
of the RPUD Document. Subject property is located on l67.96 acres in
Section 34, Township 48 South, Range 26 East, eollier County, Florida.
(eTS)
Ordinance 2009-34
C. SE-2009-AR-14297 A resolution amending Resolution 08-373 (the KOV Ae
Conditional Use) to correct a scrivener's error resulting from the inclusion of
an incorrect legal description in Exhibit B. The subject property is located at
1995 Elsa Street, in Section 11, Township 49 South, Range 25 East, eollier
eounty, Florida.
Resolution 2009-151
D. This item requires that all participants be sworn in and ex parte
disclosure be provided by Commission members. PE-2008-AR-14071
Sandbanks LLC, represented by Michael R. Fernandez, AIep of Planning
Development Incorporated is requesting a Parking exemption pursuant to
Land Development eode Subsection 4.05.02.K, to allow 63 parking spaces
of a proposed 195-space parking lot to be placed off-site on property with a
Residential Single-Family (RSF-4) zoning designation. The proposed off-
site parking lot would serve the Midtown Point commercial development
located on the east side ofUS-41 North and the north side of Rosemary
Lane, in Section 22, Township 49 South, Range 25 East, Collier eounty,
Florida.
Resolution 2009-152
E. Recommendation that the Board of eounty Commissioners adopts an
Ordinance amending Ordinance No. 2009-29, the Collier eounty Planning
Commission Ordinance, by requiring that candidates for the Planning
Commission be nominated by the eommissioner of the District in which the
candidate resides for both initial and subsequent terms and eliminating term
limits.
Ordinance 2009-35
Moved to Item #8A (Per Commissioner Fiala during Agenda Changes)
F. Recommendation that the Board of eounty eommissioners adopts an
Ordinance amending Ordinance No. 2009-32, the Environmental Advisory
June 9, 2009
Page 24
eouncil Ordinance, by (l) 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.
18. ADJOURN
Approved - 4/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
June 9, 2009
Page 25