Recap 07/28/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
July 28, 2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice-
Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
(Telephonically)
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3 (Telephonically)
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
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July 28, 2009
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD
UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS
BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS
PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT
LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING
IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS'
OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend William J. Oakley, East Naples United Methodist Church
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 - 4/1 (Commissioner
Henning opposed)
B. June 9, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
C. June 23, 2009 - BCC/Regular Meeting
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July 28, 2009
Approved as presented - 5/0
D. June 29, 2009 - BCC/Budget Workshop
Approved as presented - 5/0
E. June 30, 2009 - BCC/Budget Workshop
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD
MEMBERS)
A. 20 Year Attendees
1) Cindy Erb, Facilities Management.
Presented
2) Russell Greer, Water Department
Presented
3) Heather Sweet, Utility Billing & Customer Service.
Presented
4. PROCLAMATIONS (One Motion taken to Adopt all Proclamations)
A. Proclamation acknowledging the Naples Rockets Girls Softball Team
Ages 9 to 10 for their participation in the District 27 Championship
Games. To be accepted by Chuck Bender, Manager, and Tim
Cartwright, Assistant Coach.
Adopted - 5/0
B. Proclamation recognizing the Golden Gate All-Stars for winning the
District 27 Girls Ages 9 to lO Softball Championship. To be accepted
by Brian Creel, Coach.
Adopted - 5/0
C. Proclamation designating August 2 to August 8, 2009 as Stop on Red
Week. To be accepted by Bob Tipton, Traffic Operations Department
Director, and staff; Kevin Rambosk, Collier County Sheriff, and staff;
Diane Flagg, Code Enforcement Department Director, and staff.
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July 28, 2009
Adopted - 5/0
D. Proclamation designating the month of August, 2009 as Breastfeeding
Awareness Month. To be accepted by Laurie Owens.
Adopted - 5/0
Add on Item (Per Agenda Change Sheet)
E. Proclamation recognizing the week of August 17, 2009 through
August 2l, 2009, as Florida Water Professionals Week. To be
accepted by Paul Mattausch, Collier County Water Director.
Adopted - 5/0
5. PRESENTATIONS
A. 1-75 Everglades Interchange Update by Nick Casalanguida, Director,
Transportation Planning.
Presented
B. Contractor's Presentation of Contract #08-5136, 951 Boat Ramp
Parking Lot Expansion Proj ect, Proj ect #8007l.l, Contractor Quality
Enterprise, USA, Inc.
Update Presented
C. Recommendation to recognize Gilbert Moncivaiz, Operations
Analyst, Public Utilities Operations, as Employee of the Month for
July 2009.
Presented
D. This item to be heard at 10:00 a.m. Clerk of Courts FY-20l0 budget
presen tati on.
Presented; Motion to set Clerk's budget at 3.5 Million - Failed 2/3
(Commissioner Fiala, Commissioner Coletta and Commissioner
Henning opposed): Motion to set Clerk's budget at 4.7 Million-
Failed 2/3 (Commissioner Henning, Commissioner Halas and
Commissioner Coyle opposed): Motion to fund clerk not to exceed
5 million (3.5 from ad valorem and 1.5 from interest) - Failed 2/3
(Commissioner Coyle, Commissioner Henning and Commissioner
Halas opposed); Motion to approve the Clerk's budget at 3.5
Million, with the remaining budget needs to remain pending
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July 28, 2009
interest income returned by the Clerk; and a request at that time
for the remainder and the County Manager and Staff to work
with the Clerk - Approved 3/2 (Commissioner Coyle and
Commissioner Henning opposed)
6. PUBLIC PETITIONS
A. Public petition by Rick Lussy to discuss Loyalty Oath for existing and
prospective employees.
Presented
Withdrawn (Petitioner's request)
B. Public petition request by John Brugger to discuss pre-abatement
agreement for property at 5513 26th Avenue SW, Naples, FL.
C. Public petition request by Jose Colina to discuss construction and
warranty issues with Designers Home Group, Inc.
Presented
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CU-2009-AR-
14137 St. Monica's Episcopal Church, Inc., represented by Heidi K.
Williams, AICP, ofQ. Grady Minor, Inc., is requesting two new
Conditional Uses pursuant to the Land Development Code Section
2.03.0 1.B.l.C., in the Estates Zoning District. The conditional uses
being requested are as follows: LDC 2.03.0 1.B.l.C.3, to allow a child
care center; and 2.03.0] .B.l.CA, to allow a private school related to
the existing religious facility. The subject property is located at 7070
Immokalee Road, on the south side of Immokalee Road, west of the
Logan Boulevard Extension, in Section 29, Township 48 South,
Range 26 East, Collier County, Florida. (CTS)
Resolution 2009-189 Adopted w/stipulations - 5/0
8. ADVERTISED PUBLIC HEARINGS
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July 28, 2009
Moved from Item #17 J (Per Agenda Change Sheet)
A. This item reQuires that ex parte disclosure be provided bv
Commission Members. Should a hearine be held on this item, all
participants are reQuired to be sworn in. SNR-2009-AR-l4206
Marbella Lakes Associates, LLC is requesting to rename a street from
Green Boulevard to Marbella Lakes Drive. The subject property is
located in Tracts A-2 and A-3A of the Marbella Lakes Subdivision,
according to the plat thereof, recorded in Plat Book 46, Pages 77
through 83, of the Official Records of Collier County, Florida, which
is in Section 19, Township 49, Range 26, Collier County, Florida.
Resolution 2009-190 Adopted - 4/1 (Commissioner Halas
opposed)
Moved from Item #17 A (Per Agenda Change Sheet)
B. Recommendation that the Board approve an Ordinance Creating the
Radio Road East of Santa Barbara Boulevard to Davis Boulevard
Municipal Service Taxing Unit.
Ordinance 2009-44 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the County Government Productivity
Committee.
Resolution 2009-191: Re-appointing John Barlow and Michael Y.
Wu - Adopted 5/0
B. Appointment of member to the Habitat Conservation Plan Ad-Hoc
Advisory Committee.
Resolution 2009-192: Appointing Ninon L. Rynerson - Adopted
5/0
C. Appointment of member to the Collier County Health Facilities
Authority.
Resolution 2009-193: Appointing Timothy J. Reidy - Adopted 5/0
D. Appointment of members to the Environmental Advisory Council.
Resolution 2009-194: Appointments are as follows: Andrew
Dickman, and Noah Standridge to serve for 4 years; Judith
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July 28, 2009
Hushon to serve for 3 years; Michael Sorell and Chris Stephens to
serve for 2 years and Patrick Peck to serve for lyear on the
Environmental Advisory Council- Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation that the Board of County Commissioners (BCC)
approves a project charter directing staff to proceed with the
development of a county wide Master Mobility Plan (MMP). (Nick
Casalanguida, Director, Transportation Planning)
Approved - 3/2 (Commissioner Coyle and Commissioner Henning
opposed)
B. Recommendation that the Board of County Commissioners (Board)
consider the options to respond to a Public Petition request by Mr. Bill
Klohn, MGD Capital, where he requests a three year extension to the
developer commitments as codified in Arrowhead PUD, Ordinance
No. 05-l3, further amended by Ordinance No. 08-36. (Joseph K.
Schmitt, Administrator, CDES)
Petitioner to work with staff in considering option #3 with a two
year extension to comply with SB360 - Approved 5/0
C. Recommendation to consider a Proposed Settlement providing for
Compromise and Release of Liens in the Code Enforcement Action
entitled Deutsche Bank Trust Co., CEB No. 2007080008 relating to
property located at 2414 58th Avenue NE, Naples, Florida. (Diane B.
Flagg, Director, Code Enforcement, CDES)
Motion to disapprove the proposed settlement - Approved 5/0
D. To receive Board approval of staffs recommendation to resolve sewer
back charges within the Tall Oaks community with property owner,
Hill Crest Estates, Inc., in the amount of $180,000. (Joe Bellone,
Manager, Utility Billing and Customer Service)
Approve staff's recommendations - 3/2 (Commissioner Coyle and
Commissioner Henning opposed)
E. This item to be heard immediately after 14A. Recommendation that
the Collier County Board of Commissioners (BCC) approves a
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July 28, 2009
Resolution authorizing the Collier County Community
Redevelopment Agency (CRA) to enter into a $l3,500,000 Term
Loan Agreement with Fifth Third Bank; approving the actions taken
by the CRA with respect to its approval of the Loan Agreement; and
authorize all necessary budget amendments. (David Jackson,
Executive Director Bayshore Gateway Triangle CRA)
Resolution 2009-196 Adopted - 5/0
F. This item to be heard at 10:30 a.m. Recommendation that the Board
of County Commissioners adopt a resolution establishing Proposed
Millage Rates as the Maximum Property Tax Rates to be levied in FY
2009/1 0 and reaffirm the Advertised Public Hearing dates in
September, 2009 for the Budget approval process. (Jim Mudd, County
Manager and Mark Isackson, Senior Management and Budget
Analyst)
Resolution 2009-188 Adopted w/changes - 3/2 (Commissioner
Coyle and Commissioner Henning opposed)
Moved from Item #16F12 (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners approves a
Tourist Development Tax Category B Grant Application for a
Mexican Independence Day Celebration Event in the amount of
$14,112 and authorizes the Chairman to sign said agreement.
Motion to be an advertising expense for a multi-cultural event -
Approved 5/0
Moved from Item #16A18 (Per Agenda Change Sheet)
H. Recommendation to approve budget amendments to loan Fund l3l
(Developer Services) a total of $l ,400,000 from Fund 306 (Parks &
Recreation Capital Improvement).
Approved - 3/2 (Commissioner Henning and Commissioner Coyle
opposed)
Moved from Item #16A21 (Per Agenda Change Sheet)
I. Recommendation that the Board of County Commissioners approve
Change Order #5 in the amount of$l90,437.50 to Contract #06-3962
New Divisional Software System For Community Development and
Environmental Services.
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July 28, 2009
Approved - 5/0
Moved from Item #16Dl (Per Commissioner Henning during Agenda
Changes)
J. Recommendation that the Board of County Commissioners approves a
Budget Amendment in the amount of$l04,220.57 consolidating
current funding for Fixed Term Physical Monitoring of designated
beach, inlet and interior channel locations under Contract #08-5124 to
Project No. 90536.
Approved - 4/1 (Commissioner Henning opposed)
Moved from Item #16F8 (Per Commissioner Henning during Agenda
Changes)
K. Recommendation to approve replacement agreement for contract #09-
5268 "Professional State Lobbyist Services" with The Closure Group,
Inc., (J. Keith Arnold and Associates) in the amount of $80,000
annually.
Approved - 4/1 (Commissioner Henning opposed)
Moved from Item #16C6 (Per Commissioner Coletta during Agenda Changes)
L. Recommendation to exempt from formal competition and approve a
Legal Services Contract with de la Parte & Gilbert, P.A., for
Litigation Related to Orangetree Utilities Case No. 07-2333, Legal
Services for Litigation Related to Orangetree Utilities vs. Collier
County for a proposed cost not to exceed $550,000, Project No.
750l0, and approve necessary budget amendments.
Approved - 5/0
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Marcia Cravens - New information on Navigational Markers in
Clam Bay
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
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July 28, 2009
A. Recommendation that the Community Redevelopment Agency (CRA)
approves a Resolution approving the form of a Loan Agreement with
Fifth Third Bank for a $l3,500,000 term loan; authorize the CRA
Chairman to sign and make payments as needed to purchase real
property and finance various capital improvement projects within the
Bayshore Gateway Triangle CRA; pledge Bayshore Gateway Triangle
CRA Tax Increment Funds (TIF) and other legally available monies
as the loan repayment source; and authorize all necessary budget
amendments. To be heard before Item 10E. (David Jackson, Executive
Director, Bayshore Gateway Triangle CRA)
CRA Resolution 2009-195 Adopted - 5/0
B. Recommendation for the Community Redevelopment Agency (CRA)
to approve the purchase of an assemblage of six (6) commercial
properties located in the Gateway Triangle Redevelopment Area;
authorize the CRA Chairman to execute the real estate contract and
Addendum; approve payment from Fund (187) and authorize the
Executive Director to make payment in the amount of $6,386,000 plus
cost and expenses to complete the sale of subject property; and
approve all necessary budget amendments. Site address: 5.358 acres
within the Gateway mini-triangle (Fiscal Impact $6,386,000). (Jean
Jourdan, Project Manager CRA)
Approved - 5/0
C. Recommendation for the Community Redevelopment Agency (CRA)
to approve the purchase of a commercial property as part of an
assemblage of commercial properties located in the Gateway Triangle
Redevelopment Area; authorize the CRA Chairman to execute the real
estate contract and Addendum; approve payment from Fund (187) and
authorize the Executive Director to make payment in the amount of
$l, 114,000 plus cost and expenses to complete the sale of subject
property; and approve all necessary budget amendments. Site address:
0.935 acres within the Gateway mini-triangle (Fiscal Impact
$l,ll4,000). (Jean Jourdan, Project Manager CRA)
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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July 28, 2009
A. Leo Ochs - Letter from Sheriff's office asking to work with
County Attorney to revise the Towing Ordinance - 4 nods
B. County Attorney - Requesting a Closed Session on September 15,
2009 at noon regarding Grider Property
C. Commissioner Henning - Why spend money extra money on
Clam Bay issue if permit is in compliance
D. Commissioner Coletta - 13th Street SW and bridge at end of road
and discussing traffic/speeding issues
E. Commissioner Fiala - Emergency Medical Advisory Committee
and issues they have; Motion to have BCC Chair be advisory
committee liason and setup regular meeting schedule and have an
orientation session - Approved 5/0
F. Commissioner Halas - Motion to Adjourn - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered
to be routine and action will be taken by one motion without separate
discussion of each item. If discussion is desired by a member of the
Board, that item(s) will be removed from the Consent Agenda and
considered separately.
Approved and/or Adopted w/changes - 4/1 (Commissioner Henning opposed)
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES
1) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcel lIS.
W /Release of any Utilities Performance Security
2) Recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of
Valencia Golf and Country Club Phase 1 with the roadway and
drainage improvements being privately maintained.
Resolution 2009-170: W/Release of the Maintenance
Security
3) Recommendation to grant final approval of the roadway
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July 28, 2009
(private) and drainage improvements for the final plat of
Valencia Golf and Country Club Phase 1 A with the roadway
and drainage improvements being privately maintained.
Resolution 2009-171: W /Release of the Maintenance
Security
4) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine be held on this
item, all participants are reQuired to be sworn in. This is a
recommendation to approve for recording the final plat of City
Gate Commerce Center, Phase Two, approval of the standard
form Construction and Maintenance Agreement and approval of
the amount of the performance security.
Developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the construction plan final
approval letter
5) Recommendation to approve final acceptance of the water
utility facility for Arielle at Pelican Marsh.
W/Release of any Utilities Performance Security
6) Recommendation to approve final acceptance of the water and
sewer utility facilities for Fiddler's Creek Phase 5 Unit 2.
W /Release of any Utilities Performance Security
7) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcell 05.
W /Release of any Utilities Performance Security
8) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcell 07.
W /Release of any Utilities Performance Security
9) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcel lOS.
W /Release of any Utilities Performance Security
10) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcel l09.
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July 28, 2009
W/Release of any Utilities Performance Security
11) Recommendation to approve final acceptance of the water and
sewer utility facilities for Mediterra Parcel 110.
W /Release of any Utilities Performance Security
12) Recommendation to approve final acceptance of the water
utility facility for Rubell Dialysis Center.
W/Release of any Utilities Performance Security
13) Recommendation to approve final acceptance of the water
utility facility for Hawthorne at Lely Resort, Phase 1.
W/Release of any Utilities Performance Security
14) Recommendation to grant final approval of the roadway
(private) and drainage improvements for the final plat of Indigo
Preserve. The roadway and drainage improvements will be
privately maintained.
Resolution 2009-172: W /release of the Maintenance
Security
15) Recommendation to approve the Release and Satisfactions of
Lien for payments received for the following Code
Enforcement actions.
Recording cost $10.00 per release, totaling $90.00
16) Recommendation that the Board of County Commissioners
(Board) receive and approve the Progress Report for the Year
2008, Collier County Floodplain Management Plan, Section 7
of the Collier County Hazard Mitigation Plan.
Developed as a requirement for participation in the
Community Rating System (CRS) of the National Flood
Insurance Program to provide an annual update on policy,
accomplishments, objectives and to promote awareness
17) Recommendation to approve a budget amendment to increase
appropriations and recognize revenue increase to the General
Fund for payment by Lender Fifth Third Bank for costs
incurred for Nuisance Abatement associated with the Vita
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July 28, 2009
Tuscana Proj ect.
Recognizing private sector funds for the reimbursement of
approximately $89,000 initially paid by Code Enforcement
to bring the project into code compliance
Moved to Item #10H (Per Agenda Change Sheet)
18) Recommendation to approve budget amendments to loan Fund
131 (Developer Services) a total of $1 ,400,000 from Fund 306
(Parks & Recreation Capital Improvement).
19) Recommendation to approve expenditures exceeding $50,000
for Bid #06-40 13--Background Check Annual Contract to
Sterling Info Systems, Inc. and Ad-Vance Screening Solutions,
Inc. as a secondary vendor for an estimated additional
expenditure of $8,000 for the balance of the 09 fiscal year
relating to the Vehicle for Hire Program, and extending through
the balance of the contract.
For screening company owners and driver ID's
20) Recommendation to accept a proposed settlement agreement
providing for Release and Satisfaction of Lien in the Code
Enforcement Action entitled Collier County v. Empire
Developer's Group, LLC, relating to property parcel ID
186000005 located within, Collier County, Florida.
In the amount of $89,318.00 for four code violation cases
and releasing any claim to $48,088.43 for CEB Case No.
CESD20080007919 (Vita Tuscana)
Moved to Item #101 (Per Agenda Change Sheet)
21) Recommendation that the Board of County Commissioners
approve Change Order #5 in the amount of$190,437.50 to
Contract #06-3962 New Divisional Software System For
Community Development and Environmental Services.
22) Recommendation to approve final acceptance of the water
utility facility for Colonial Bank.
W /Release of any Utilities Performance Security
23) To provide the Board of County Commissioners with a preview
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July 28, 2009
of the upcoming 2009 cycle of Land Development Code (LDC
Amendments by distributing a copy of the master list of
proposed LDC Amendment requests for LDC Amendment
2009 Cycle l.
As detailed in the Executive Summary
B. TRANSPORTATION SERVICES
1) Recommendation to approve and execute the 2009/20l0
Transportation Disadvantaged Trip & Equipment Grant
Agreement FM #207246l840l/2072463840l and a Resolution
Authorizing its Chairman to execute the agreement for a total
project cost of $635,312.00.
Resolution 2009-173
2) Recommendation to reimburse The Villages at Emerald Lakes
Four and Five Condominium Associations, Inc., the total
amount of $9,800 for the demolition and removal of the sound
barrier wall and to approve any necessary budget amendments.
For costs surrounding a Code Enforcement case on an
easement that had been conveyed to the County in 1998
3) Recommendation to approve the sole source purchase of
Wavetronix Data Collector Appliance, as well as the Data
Translator Plug-in from Transportation Control Systems, Inc.,
in the amount of $78,690.00 from the PUD Monitoring/Traffic
Counts Project No. 69124.
To measure real time and historic traffic demand on the
County's arterial and collector roadways
4) Recommendation to approve a Right of Entry to allow
Speedway SuperAmerica, LLC to complete an environmental
site assessment.
Resulting from a 1987 fuel discharge on property at 3280
Tamiami Trail that is now owned by Collier County
5) Recommendation to approve the purchase of2.27 acres of
unimproved property which is required for the construction of a
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July 28, 2009
stormwater detention and treatment pond for Phase II of the
Vanderbilt Beach Road Extension Project. Project No. 60l68,
Phase II (Fiscal Impact: $62,837.50).
On 12th Ave N.E. in Golden Gate Estates, Tract 75, Unit #17
6) Recommendation that the Board of County Commissioners
approves and authorizes its Chairman to sign a Resolution and a
Transportation Regional Incentive Program (TRIP) Agreement
with the Florida Department of Transportation (FDOT), under
FM #425477-1-58-0l, that provides $6 Million in State funding
for improvements to Oil Well Road from Immokalee Road to
Everglades Boulevard. Project #60044.
Resolution 2009-174
7) Recommendation that the Board of County Commissioners
authorizes a transfer of $250,000 from Fund 313 (Reserve for
Contingencies) to Project #60l66 (Logan Boulevard) for legal
fees associated with Case No. 09-245l-CA, G.L. Homes of
Naples Associates II, Ltd. vs. Collier County.
As detailed in the Executive Summary
8) Recommendation that the Board of County Commissioners
approves the Landscape Maintenance Agreement between
Collier County, Florida and Hole in the Wall Golf Club for
landscaping within the right-of-way on Goodlette Frank Road.
For the installation of enhanced Bermuda sod, irrigation
and ongoing mowing and maintenance in County ROW's
9) Recommendation for the Board of County Commissioners to
approve a budget amendment to recognize revenue for projects
within the Transportation Supported Gas Tax Fund (313) in the
amount of$360,939.50.
For the following projects: Countywide Pathways, TIS
Review, PUD Monitoring/Traffic Counts and Santa
Barbara ROW
10) Recommendation to approve a change order to a work order in
for $43,950.00 to Post, Buckley, Schuh & Jernigan, Inc.
(PBS&J) for contract #06-3969 Fixed Term Professional
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July 28, 2009
Engineering Services for the Lely Area Stormwater
Improvement Project (LASIP), Whitaker Road Improvements
(Project No. 5ll01) to relocate utility pipelines in conflict with
stormwater improvements due to unforeseen conditions.
Whitaker Road from County Barn Road to the Santa
Barbara Corridor scheduled for completion June 4, 2010
11) Recommendation to approve a Resolution certifying the
statutory dedication and acceptance of a portion of Weber
Boulevard by virtue of the County's continuous and
uninterrupted maintenance of the roadway in excess of seven
years and authorize the filing of a Right of Way map. Project
No. 68056 (Fiscal Impact: $45.00)
Resolution 2009-175
12) Recommendation that the Board of County Commissioners
approve the use of the new Bank Drive-in rate, effective June 8,
2009 for the purpose of re-calculating the applicable Road
Impact Fees for the American Momentum Bank.
Reimbursing $154,408 in fees paid for the proposed bank
site at 8771 Tamiami Trail N.
13) This item reQuires that all participants be sworn in and ex
parte disclosure be provided by Commission members.
Recommendation to approve a Developers Contribution
Agreement (DCA) between Pulte Home Corporation and The
Bryan W. Paul Family Limited Partnership (The Developers)
and Collier County to grant temporary drainage and
construction easements for the programmed expansion of Oil
Well Road.
As detailed in the Executive Summary
14) Recommendation to adopt a resolution requesting that the
Florida Department of Transportation quitclaim to Collier
County certain right-of-way, being the North fifty feet of the
South one hundred feet of Section 3l, Township 49 South,
Range 27 East, Collier County, Florida, required for
construction of the Wilson Boulevard Extension. Estimated
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July 28, 2009
fiscal impact: None.
Resolution 2009-176
15) Recommendation to authorize the Chairman to execute an
easement instrument to convey a utility easement and sign
related conveyance documents to the City of Naples at the
Freedom Park (aka Gordon River Water Quality Park).
To provide water to the building and park facilities
16) Recommendation to approve a contract between the Florida
Department of Environmental Protection through its Office of
Coastal and Aquatic Managed Areas (CAMA), and Collier
County, for the paving of Shell Island Road.
An approximately three-mile long road within the Rookery
Bay National Estuarine Research Reserve and funded by
FDEP
17) Recommendation that the Board of County Commissioners
approve an Interlocal agreement with the City of Marco Island
for the landscaping and irrigation maintenance on SR 95l and
north of the Marco Island Bridge. (Estimated annual fiscal
impact: $92,500)
Approximately 3.26 acres beginning north of the Jolley
Bridge and extending to the south end of MacIlvane Bay
18) Recommendation that the Board of County Commissioners
issues a resolution approving and authorizing the Chairman to
sign a Landscape Maintenance Agreement between Collier
County and the Florida Department of Transportation (FDOT),
for landscaping being installed in the medians on SR 951 at
Bridge No. 030148 Marco Island Bridge North. (Estimated
annual fiscal impact $l 0,000)
Resolution 2009-177
19) Recommendation for the Board of County Commissioners to
approve a budget amendment to reallocate funding from
Transportation Engineering's operating funds into their
personal services budget.
In the amount of $79,000
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July 28, 2009
20) Recommendation to award RFP #09-5239 Annual Contract for
Landscape Maintenance Vendors under Category I: Landscape
Maintenance and Irrigation to the following firms: Hannula
Landscaping Inc., Florida Land Maintenance, Vila & Son
Landscaping, Corp., Busk and Associates and Caribbean Lawn
Service; Category II: Mowing and Right-of-Way Maintenance
to the following firms: Hannula Landscaping Inc., Florida Land
Maintenance, Vila & Son and Caribbean Lawn; Category III:
Tree Service to the following firms: Davey Tree Service and
Signature Tree Care; and Category IV: Pest Control Services
not to be awarded.
C. PUBLIC UTILITIES
1) Recommendation to approve a budget amendment to transfer an
amount not to exceed $342,000 from Project No. 71058, Initial
Water Legal to a new Project No. 700l5, titled General Legal
Services.
Ensuring that expenses are not capitalized by reclassifying
this project into an operating category
2) Recommendation to adopt a Resolution to approve the
Satisfactions of Liens for Solid Waste residential accounts
wherein the County has received payment and said Liens are
satisfied in full for the 1992, 1993, 1994, ] 995 and 1996 Solid
Waste Collection and Disposal Services Special Assessment.
Fiscal impact is $78.50 to record the Satisfactions of Liens.
Resolution 200-178
3) Recommendation to approve the Satisfaction for a certain
Water and/or Sewer Impact Fee Payment Agreement. Fiscal
impact is $18.50 to record the Satisfaction of Lien.
Folio #68341320009
4) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2009 tax year.
Resolution 2009-179/CWS Resolution 2009-01
Page 19
July 28, 2009
5) Recommendation to award purchase orders to the two lowest
bidders for each chemical category under Bid #09-5170, titled
Purchase and Delivery of Chemicals for Utilities, which are
required for potable water, wastewater, and irrigation quality
water treatment by the Water and Wastewater Departments.
Moved to Item #10L (Per Commissioner Coletta during Agenda Changes)
6) Recommendation to exempt from formal competition and
approve a Legal Services Contract with de la Parte & Gilbert,
P.A., for Litigation Related to Orangetree Utilities Case No. 07-
2333, Legal Services for Litigation Related to Orangetree
Utilities vs. Collier County for a proposed cost not to exceed
$550,000, Project No. 750l 0, and approve necessary budget
amendments.
7) Recommendation that the Board of County Commissioners
approve and authorize the Chairman to sign a Pre-Award Cost
Request Form requesting pre-award credit of $5,796.00 in staff
time and expenditures as an addition to the grant application to
the Florida Department of Community Affairs for the Hazard
Mitigation Grant Program 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.
8) Recommendation that the Board of County Commissioners
approve and authorize the Chairman to sign a Pre-Award Cost
Request Form requesting a pre-award credit of $54, 164.80 in
staff time and expenditures as an addition to the grant
application to the Florida Department of Community Affairs for
the Hazard Mitigation Grant Program for up to $320,000 to
construct a six-inch High Density Pol ethylene leachate pipe at
the Collier County Landfill.
In order to handle additional leachate created by a severe
storm or other catastrophic event
9) Recommendation to approve a Certification of Financial
Page 20
July 28, 2009
Responsibility in the amount of $1,112,400 required by the
Department of Environmental Protection for the renewal of the
operating permits for the Deep Injection Well Systems at the
North and South County Water Reclamation Facilities.
To maintain adequate financial reserves on-hand if an
inj ection well would no longer be required and would have
to be plugged and abandoned
10) Adopt a Resolution to set the date, time and place for an
Advertised Public Hearing where the Board of County
Commissioners will adopt Fees (Special Assessments) to be
collected on the Property Tax Bills for Curbside Trash
Collection Services for the 2010 Budget Year, approve the
notification to customers, and approve a budget amendment for
$50,700.
Resolution 2009-180 (District I) and Resolution 2009-181
(District II)
11) Recommendation to approve Amendment One (l) to the
Franchise Agreement between Collier County and Waste
Management Inc., of Florida, for Solid Waste, Recyclable
Materials, and Yard Trash Collection Services, to provide
debris removal services after a natural or man-made disaster.
12) Recommendation to approve and authorize the Chairman to
sign a Florida Department of Environmental Protection
Innovative Recycling and Waste Reduction Grant application in
the amount of $343,070.00 to fund the "Implementing
Recycling at Temporary Events Ordinance" program.
To encourage recycling at temporary events by funding
recycling supplies, incentives, education and outreach
13) Recommendation to award Bid Number 09-5267 Rehab
Reactor #1 - SCRWTP in the amount of $97,400 to Douglas N
Higgins, Inc. to complete the rehabilitation of the Reactor #1 at
South County Regional Water Treatment Plant. Project No.
71065.5.
For repairs due to raw water penetrating through the tank
Page 21
July 28, 2009
wall and moisture and calcification having formed on the
outside of the tank
D. PUBLIC SERVICES
Moved to Item #10J (Per Commissioner Henning during Agenda Changes)
1) Recommendation that the Board of County Commissioners
approves a Budget Amendment in the amount of$104,220.57
consolidating current funding for Fixed Term Physical
Monitoring of designated beach, inlet and interior channel
locations under Contract #08-5124 to Project No. 90536.
2) Recommendation that the Board of County Commissioners
provides after-the-fact approval for the submission of the 2010
State Challenge Grant Application, which was submitted to
Department of Children & Family Services Office on
Homelessness in the amount of$144,000.00.
To be used for facilitating their intake process, maintaining
transportation vehicles, expanding their information
management reporting systems and increasing programs
and services for transitioning clients
3) Recommendation to authorize a budget amendment totaling
$264,905 that will provide additional funding for 2009 Summer
Food Grant Program.
The number of children qualifying for the program
increased by 550/0
4) Recommendation that the Board of County Commissioners
approve and authorize the Chairman to sign an amendment to
the Continuum of Care (CoC) Supportive Housing Program
(SHP) Grant Agreement FL14B50-6001, between the U.S.
Department of Housing and Urban Development (HUD) and
Collier County Board of County Commissioners.
Extending the term agreement until January 31,2011
5) Recommendation to approve an Agreement regarding the
conveyance of a portion or all of the access easement acquired
Page 22
July 28, 2009
for the Delasol Neighborhood Park at a cost not to exceed $42.
Project #800605.
6) Recommendation that the Board of County Commissioners
approves and authorizes the Chairman to sign an amendment to
project number FL14B50-600l Continuum of Care (CoC)
Supportive Housing Program (SHP) Subrecipient Agreement
with the Shelter for Abused Women & Children (SA WCC) for
the Construction and Services for the Transitional Housing
Program.
Funds will be applied towards the building of a playground
for the participants of the transitional housing program
7) Recommendation to approve a budget amendment recognizing
$20,023.80 in revenue from an insurance reimbursement for
netting at two softball fields at Max Hasse Community Park.
Damaged due to Tropical Storm Fay
8) Recommendation that the Board of County Commissioners
approves and authorizes the Chairman to sign three (3) grant
agreements accepting the Continuum of Care Homeless
Assistance grant award from the U.S. Department of Housing
and Urban Development (HUD) totaling $330,763 and approve
the associated budget amendment of $330,763 recognizing the
funding associated with this award.
9) Recommendation for the Board of County Commissioners to
approve and authorize the Chairman to sign an agreement
between the Collier County Board of County Commissioners
and the Area Agency on Aging for Southwest Florida, Inc. and
approve a budget amendment to reflect a decrease of $5, 125 in
the Alzheimer's Disease Initiative (ADI) grant program.
For the period of July 1, 2009 through June 30, 2010
10) Recommendation that the Board of County Commissioners
provides after-the-fact approval for submission of the
Neighborhood Stabilization Program 2 application to the U.S.
Department of Housing and Urban Development for funding
Page 23
July 28, 2009
under the American Recovery and Reinvestment Act of 2009 in
the amount of$lO,OOO,OOO.
Due to the deadline for applications of July 17, 2009
11) Recommendation that the Board of County Commissioners
approves, and authorizes the Chairman to sign, a modification
to Disaster Recovery Initiative Agreement #08DB-D3-09-2l-
o l-A03 between the Florida Department of Community Affairs
and Collier County. This modification will add new activities to
utilize grant funds previously awarded to the Housing
Development Corporation of Southwest Florida, Inc. (f.k.a.
Collier County Housing Development Corporation) and
Immokalee Helping Our People in Emergencies, Inc.
12) Recommendation for the Board of County Commissioners to
approve and authorize the Chairman to sign an agreement
between the Collier County Board of County Commissioners
and the Area Agency on Aging for Southwest Florida, Inc. and
approve a budget amendment to reflect a decrease of $1 7,514 in
the Community Care for the Elderly (CCE) grant program.
13) Recommendation to authorize acceptance of the conveyance of
a Sovereignty Submerged Lands Lease Renewal and
Modification to Reflect Change in Ownership, Reflect Change
in Description of Use, reflect Change in Term, Increase and
Reflect Correct Square Footage from the Board of Trustees of
the Internal Improvement Trust Fund of the State of Florida at a
total cost not to exceed $146.00 for recording fees, Project No.
80611.1.
Due to FDEP requirements for permit application #11-
0138665-005
14) Recommendation to approve the conveyance of an Easement to
Lee County Electric Cooperative for installation of overhead
electric distribution lines to provide electric service to the
Margood Park located at 321 Pear Tree Avenue, Goodland at a
cost not to exceed $27.00.
Easement measuring 10 feet in width and comprises of .10
Page 24
July 28, 2009
acres
15) Recommendation to approve the conveyance of an Easement to
Lee County Electric Cooperative for installation of
underground electric distribution lines to provide electric
service to the Margood Park located at 321 Pear Tree Avenue,
Goodland at a cost not to exceed $27.00.
Easement measuring 5 feet in width and comprises of .03
acres
16) Recommendation for the Board of County Commissioners to
approve and authorize the Chairman to sign an agreement
between the Collier County Board of County Commissioners
and the Area Agency on Aging for Southwest Florida, Inc. and
approve a budget amendment to reflect an increase of $382 in
the Home Care for the Elderly (HCE) program.
Reflecting an increase in the case management allocation
17) Recommendation that the Board of County Commissioners
approves and authorizes the Chairman to sign a proposed land
lease agreement with the Collier County Senior Resource
Center, Inc. to use the old (existing) Golden Gate Branch
Library site for a Senior Resource Center.
Resolution 2009-182
18) Recommendation that the Board of County Commissioners
approves, and authorizes the Chairman to sign, a grant
agreement and certification statement from the U.S. Department
of Housing and Urban Development (HUD) accepting a
Homelessness Prevention and Rapid Re-Housing Program
(HPRP) grant award in the amount of $888,850 and approve the
associated budget amendment recognizing the funding and
appropriating the expenditures associated with this award.
19) Recommendation to approve a temporary Right of Entry for
Lee County Electric Cooperative, Inc. (LCEC) to stage, off-
load and load electric transmission poles, associated materials,
and for access on, over and across County property at 9800
Page 25
July 28, 2009
Isles of Capri Boulevard at no cost to the County.
Needed for improvements to existing electrical utility
services to Marco Island, Folio #01049600004
E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners
ratify modifications to and deletions from the 2009 Fiscal Year
Pay and Classification Plan made from April 1, 2009 through
June 30, 2009.
2) Recommendation to name six acquired Conservation Collier
preserves.
Oetting/Freitas Property to be named Panther Walk
Preserve, Malt to be Shell Island Preserve, Milano Property
to be Alligator Flag Preserve, Brochu Property to be
Limpkin Marsh Preserve, Rivers Road Property to be
Rivers Road Preserve and Starnes Property to be Caracara
Prairie Preserve
3) Recommendation to approve budget amendments to move
operating funds within the IT Departments adopted FY09
budget to cover staff salary and benefits expenses.
Due to a budgeted attrition that did not occur
4) Recommendation to approve a budget amendment that will
allow a transfer of $48,600 from Conservation Collier Land
Management Fund Reserves to Conservation Collier Land
Management Fund Operating.
Funding for the Pepper Ranch Management
5) Recommendation to approve and authorize the Chairman to
sign a contract for the sale of internally developed software to
Sarasota County and to approve a budget amendment
recognizing revenue of $25,000.
For vendor evaluation software
6) Recommendation to approve a First Amendment to Lease
Page 26
July 28, 2009
Agreement with Gerald T. and Catherine L. Berry for the
continued use of office space used by the Clerk's Office at a
cost of $39,323.
Lease to be terminated December 2009 for office space
located at 2671 Airport Road
7) Recommendation to enter into an interlocal agreement with the
City of Bonita Springs to mutually extend local preference to
vendors within both entities.
8) Recommendation to approve the Brochu Preserve Final
Management Plan under the Conservation Collier Land
Acquisition Program.
First year land management activities are estimated to be
$26,500 for initial invasive, exotic plant removal
9) Recommendation to award RFP #09-5255, SAP Document
Management System Consulting and Implementation Services
to LeverX, Inc. and authorize the Chairman to execute the
standard contract documents. Total project costs for hardware
and services are not to exceed $360,000.
To standardize and streamline the County's document
storage and retrieval process
10) Recommendation to approve a Budget Amendment
appropriating additional funds received in the Freedom
Memorial Fund (Fund 620).
For further construction costs
11) Recommendation to approve Budget Amendments to recognize
and appropriate miscellaneous revenues totaling $103,668.75
for computer hardware and IT services.
To pay IT infrastructure operating costs
12) Recommendation to award Bid #09-5240 Locksmith Hardware
to multiple vendors listed; Interline Brands, Inc. D/B/A
Sexauer, Independent Hardware, Inc., Accredited Lock Supply,
Southern Lock & Supply Co., and Clark Security Products, Inc.
(Estimated annual fiscal impact $60,000)
Page 27
July 28, 2009
13) Report and Ratify Staff-Approved Change Orders and Changes
to Work Orders to Board-Approved Contracts.
For the period of May 20, 2009 through July 7, 2009
14) Recommendation to authorize the Chairman to sign
Modification No.4 to U.S. Fish and Wildlife Service (USFWS)
Cooperative Agreement No. 401815J02l to fund habitat
restoration at the McIlvane Marsh Preserve in the amount of
$21,500.
15) Recommendation for the Board of County Commissioners to
approve and authorize the Chairman to sign the Assumption
Agreement from Corporate Express Business Interiors (CEBI)
to Staples Contract & Commercial, Inc., d/b/a Staples
Advantage (Staples) for Janitorial Supplies for Emergency
Medical Services (EMS) Department, Office Supplies for
multiple departments, and Systems Furniture for the New
Emergency Services Center (ESC).
Staples purchased CEBI outstanding capital stock in July
2008
16) Recommendation for the Board of County Commissioners to
approve and authorize the Chairman to sign the Assumption
Agreement from M/ A-Com, Inc., to Harris Corporation for
equipment purchases, maintenance, software licensing and
services for the operation of Collier County's 800 MHz trunked
radio system.
Harris Corp purchased M/A-COM on April 16, 2009
17) Recommendation to approve and authorize the Chairman to
sign a second addendum to the County Manager Employment
Agreement for the purpose of correcting conflicting provisions
in Sections l2(B) and l2(C) of the agreement.
To clarify benefit provisions and eliminate potential liability
to the employer
F. COUNTY MANAGER
Page 28
July 28,2009
1) Recommendation to approve the submittal ofa Volunteer Fire
Assistance Grant Application to the Florida Division of
Forestry for the purchase ofVHF radios and authorize the
Chairman to sign the application. (Fiscal impact 500/0 County
match: $2,721.25)
To be used by Isles of Capri Fire Rescue District
2) Recommendation that the Board of County Commissioners
award Bid #09-5235 for Lake Bank Geotextile Tube
Installations for the Pelican Bay Services Division, in the
amount of $1 00,000 to Erosion Restoration, LLC.
Funds are budgeted within the Pelican Bay Services Capital
Projects Fund 322
3) Recommendation to approve a Budget Amendment to
recognize and appropriate Grant administrative revenues
totaling $54,716.97 for reimbursement of personnel and
operating expenses.
Due to Tropical Storm Fay
4) Recommendation to approve an amendment to Contract # 1904
between the Board of Collier County Commissioners and
Florida Department of Agriculture and Consumer Services,
Division of Forestry, for fire protection of forest and wild lands
within Collier County.
Reducing the number of acres that Collier County is
required to pay the Department for its fire protection
services
5) Recommendation to approve the application sponsored by the
Collier County Bar Association to officially recognize the
name, "The Honorable Hugh D. Hayes Courthouse Annex" for
the new courthouse annex at the Collier County Government
Center.
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance
Page 29
July 28, 2009
proceeds) to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-183
7) Recommendation to approve and authorize the Chairman to
sign a Modification to the Fiscal Year 2009 Emergency
Management Preparedness and Assistance Grant accepting
$ 77,198 in grant funds and approve a Budget Amendment to
recognize and appropriate the revenue.
Agreement #09-BG-03-09-21-01
Moved to Item #10K (Per Commissioner Henning during Agenda Changes)
8) Recommendation to approve replacement agreement for
contract #09-5268 "Professional State Lobbyist Services" with
The Closure Group, Inc., (J. Keith Arnold and Associates) in
the amount of $80,000 annually.
9) Approve budget amendments.
BA#09-407 and BA#09-387
10) Recommendation that the Board of County Commissioners
provides the after-the-fact approval for the attached American
Recovery and Reinvestment Act (ARRA) Assistance to
Firefighters Fire Station Construction Grant Application that
was submitted by the Ochopee Fire Control District for the
renovations to Fire Station 61 at Port of the Islands in the
amount of $452,474 funded by the American Recovery and
Reinvestment Act (ARRA) of 2009 and accept responsibility
for the additional transparency, accountability and reporting
compliance requirements of these funds.
11) Recommendation that the Board of County Commissioners
approves Change Order #3 on Contract #06-4007 with Paradise
Advertising and Marketing, Inc. for up to $918,000 in
additional billing at gross in accordance with their agreement
with Collier County and authorizes the Chairman to execute the
Change Order.
For media and production used by the Tourism Department
Moved to Item #10G (Per Agenda Change Sheet)
Page 30
July 28, 2009
12) Recommendation that the Board of County Commissioners
approves a Tourist Development Tax Category B Grant
Application for a Mexican Independence Day Celebration
Event in the amount of $14, 112 and authorizes the Chairman to
sign said agreement.
13) Recommendation that the Board approves prepayment of the
Caribbean Gardens Commercial Paper Loan in the amount of
$1,735,000.
Final loan payment to be made on August 3, 2009
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners
approves an after-the-fact acceptance of the attached Federal
Aviation Administration (FAA) grant offer for $247,000 for the
acquisition of 2.73 acres of land (Tract Q) purchased from WCI
Communities, Inc. on November 18, 2008 required for Phase I
of the Taxiway Project at the Marco Island Executive Airport,
and associated budget amendments.
The County's match of $13,000 is available in Fund 496
2) Recommendation for the Board of Collier County
Commissioners acting as the governing body of the Bayshore
Beautification Municipal Services Taxing Unit (MSTU) to
approve an Agreement with Florida Power and Light (FP&L)
for the installation and service of lights on sixty eight (68)
existing power poles located on side roads lying east and west
of the Bayshore Drive corridor; authorize the BCC chairman to
execute the Agreement on behalf of the Board; approve and
authorize the CRA Executive Director (Administrator of
activities of the MSTU) to make payment from MSTU Fund
163 for the costs of associated monthly fees. (Fiscal Impact
$89,760.00 over 10 years).
Estimated cost to provide service equated to $748.00 per
month
Page 31
July 28, 2009
3) Recommendation that the Board of County Commissioners
accepts and authorizes its Chairman to execute a Grant
Agreement with the Federal Aviation Administration in the
amount of $49, 158, and approve all necessary budget
amendments, for the installation of storm water management
structures required by the South Florida Water Management
District for the expansion of the aircraft apron at the Immokalee
Regional Airport.
Total project cost is $51,745, County's local match of $2,587
is available in Fund 497
4) Recommendation that the Community Redevelopment Agency
(CRA) approves the Bayshore Gateway Triangle Local CRA
Advisory Board hosting a Bayshore Cultural Festival of the
Arts event, approve up to $25,000 from the Bayshore Gateway
Triangle Trust Fund (Fund 187) FY 1 0 Marketing & Promotions
budget to financially support event costs, and declare that the
event serves a valid public purpose. (Advisory Board, Bayshore
Gateway Triangle CRA)
To be held in January 2010
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for
reimbursement to attend a function serving a Valid Public
Purpose. He attended EDC's 2009 Post-Legislative Luncheon at
Hilton Naples, 5111 Tamiami Trail North on 18th June, at
II :30 a.m. $20.00 to be paid from Commissioner Henning's
travel budget.
2) Commissioner Fiala requests Board approval for
reimbursement regarding attendance at a function serving a
Valid Public Purpose. Attended the EDC Post-Legislative
Luncheon on June 18, 2009 at the Hilton Naples in Naples, FL.
$20.00 to be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for
reimbursement regarding attendance at a function serving a
Page 32
July 28, 2009
Valid Public Purpose. Attended the F AC Sunset Dinner Cruise
on June 23, 2009 on board the Marco Island Princess at Marco
Island, FL. $50.00 to be paid from Commissioner Fiala's travel
budget.
4) Commissioner Coletta requests Board approval for
reimbursement regarding attendance at a function serving a
Valid Public Purpose. Attended Immokalee Rotary Club with
staff on June 3, 2009 at Immokalee, FL $40.00 to be paid from
Commissioner's Coletta's travel budget.
5) Commissioner Coletta requests Board approval for
reimbursement regarding attendance at a function serving a
Valid Public Purpose. Attended the Eastern Collier Chamber of
Commerce meeting with staff on June 3, 3009 at Immokalee,
FL. $45.00 to be paid from Commissioner Coletta's travel
budget.
Located at 1300 N 15th Street, Suite 2
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as desired.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
June 13,2009 through June 19,2009 and for submission into
the official records of the Board.
2) To obtain Board approval for disbursements for the period of
June 20, 2009 through June 26, 2009 and for submission into
the official records of the Board.
3) To obtain Board approval for disbursements for the period of
June 27,2009 through July 3, 2009 and for submission into the
official records of the Board.
4) Request that the Board of County Commissioners accepts and
Page 33
July 28, 2009
approves capital asset disposition records for time period April
1, 2009 through June 30, 2009.
5) Recommend that the Board of County Commissioners serve as
the local coordinating unit of government for the Federal Year
2009 Florida Department of Law Enforcement Edward Byrne
Memorial Justice Assistance Grant (JAG) funds, execute the
Certificate of Participation, designate the Sheriff as the official
applicant, approve the CCSO Finance Director as the grant
chief financial manager and the CCSO Grant Coordinator as the
grant contact person; approve the grant application when
completed, authorize acceptance of the award, and approve
associated budget amendments.
Funds allocated in the amount of $184,777 by FDLE
6) Approve a budget amendment recognizing $1,770,000 in
revenues for miscellaneous services provided and expenditures
in the Sheriffs FY2009 General Fund budget.
For services including special detail contracts, dispatch
services, driver's license facility security, sexual predator
collections, inmate medical and subsistence needs and
inmate housing
7) To obtain Board approval for disbursements for the period of
July 04, 2009 through July 10, 2009 and for submission into the
official records of the Board.
8) Recommendation that the Board approves a partial prepayment
of the Naples Park Area Stormwater Improvement Assessment
Bond, Series 1997 in the amount of $185,000 and the requisite
budget amendment.
Prepayment will take place on September 1, 2009
9) To obtain Board approval for disbursements for the period of
July 11,2009 through July 17, 2009 and for submission into the
official records of the Board.
Withdrawn (Per Agenda Change Sheet)
Page 34
July 28, 2009
10) Recommendation to approve an Integrated Criminal Justice
Information System Cost-Sharing Agreement with the Collier
County Clerk of Circuit Courts, the Public Defender for the
Twentieth Judicial Circuit, the State Attorney of the Twentieth
Judicial Circuit, and the Chief Judge for the Twentieth Judicial
Circuit and approve necessary budget amendment in the
amount of $600,000.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to send to
the National Park Service affidavits of 5 employees which will
end a dispute with the National Park Service over the
ownership of a portion of Burns Road.
2) Authorize the making of an Offer of Judgment to Property
owner, 524 Broadway Company, L.P., for Parcel Nos. 122 and
123 in the amount of$40,320 in the lawsuit styled Collier
County v. William Pilger, et al., Case No. 06-1l25-CA (County
Barn Road Project No. 60101) (Fiscal Impact $6,720).
For a .20 acre parcel to be used for a road right-of-way
3) Authorize the making of an Offer of Judgment to Respondent,
Waterways Joint Venture, IV, for Parcel No. 1 78RDUE in the
amount of$5,040 in the lawsuit styled Collier County v. Jorge
A. Romero, et al., Case No. 07-268l-CA (Oil Well Road
Project No. 60044) (Fiscal Impact $840).
For a .121 acre parcel to be used for a perpetual, non-
exclusive road right-of-way, drainage and utility easement
4) Authorize the making of an Offer of Judgment to Respondent,
Cornelia Jones, for Parcel No. 81l in the amount of $24,0 15 in
the lawsuit styled Collier County v. Myrtle Preserve, LLC, et
al., Case No. 07-463-CA (Lely Area Stormwater Improvement
Project No. 51101) (Fiscal Impact $4,415).
For a .41 acre parcel needed for stormwater improvements
5) Authorize the making of an Offer of Judgment to Respondent,
Page 35
July 28,2009
Janet R. Messineo, for Parcel No. 16lRDUE in the amount of
$4,000 in the lawsuit styled Collier County v. Patricia K.
Carlyle, et al., Case No. 07-2829-CA (Oil Well Road Project
No. 60044) (Fiscal Impact $2,200).
For a .52 acre parcel needed for a perpetual, non-exclusive
road right-of-way, drainage and utility easement
6) Authorize the making of an Offer of Judgment to Respondents,
Charles R., Helen J. and Betty J. Wilson, for Parcel No. 142 in
the amount of $26,280 in the lawsuit styled Collier County v.
Charles R. Wilson, et al., Case No. 02-5164-CA (Immokalee
Road Project No. 60018) (Fiscal Impact $4,380).
For a .364 acre parcel to be used for a road right-of-way
7) Authorize the making of an Offer of Judgment to Respondent,
Naples Bridge Center, Inc., for Parcel No. 151 in the amount of
$49,900 in the lawsuit styled Collier County v. Tech
Foundation, Inc., et al., Case No. 03-2499-CA (Golden Gate
Parkway Project No. 60027) (Fiscal Impact $5,000).
For a .127 acre parcel to be used for a perpetual, non-
exclusive road right-of-way, drainage and utility easement
8) Authorize the making of an Offer of Judgment to Respondent,
Eden Institute Foundation, Inc., for Parcel No. 128 in the
amount of $88,200 in the lawsuit styled Collier County v.
Charles R. Keller, et al., Case No. 06-876-CA (County Barn
Road Project 60101) (Fiscal Impact $14,700).
For a .387 acre parcel to be used for a road right-of-way
9) Authorize the making of an Offer of Judgment to Respondent,
Seacrest School, Inc., for Parcel Nos. 829A and 829B in the
amount of $69,600 in the lawsuit styled Collier County v.
Charles R. Keller, et al., Case No. 06-876-CA (County Barn
Road Project 60]01) (Fiscal Impact $11,600).
For a .464 acre parcel to be used for a road right-of-way
10) Authorize the making of an Offer of Judgment to Respondent,
Jorge T. Torres, for Parcel No. 209FEE in the amount of
$48,700 in the lawsuit styled Collier County v. Pablo M.
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July 28, 2009
Sardinas, et al., Case No. 07-2824-CA (Oil Well Road Project
No. 60044) (Fiscal Impact $22,200).
For a .758 acre parcel needed for a road right-of-way
11) Recommendation to approve a Mediated Settlement Agreement
and authorize a Stipulated Final Judgment incorporating the
same dollar amounts in the amount of $2,265,900 for Parcels
1l3FEE, 1l4FEE, 114TCE, 1l6FEE, lI6TCE, 116DE, and
ll8FEE, plus $180,000 in attorney's fees, expert fees and costs
in the lawsuit styled CC v. Andy Morgan, et aI., Case No. 07-
4400-CA (Santa Barbara Boulevard Extension Project Number
6009l) (Fiscal Impact: $9l4,270.00).
Property located between Davis Boulevard and Rattlesnake
Hammock Road
12) Recommendation to approve Releases relating to seven (7)
Orders of the Special Magistrate against properties owned by
Centex Homes.
Recording costs are $10 per release, totaling $70.00
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED
PUBLIC HEARINGS AND MUST MEET THE FOLLOWING
CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM
STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL
BY THE COLLIER COUNTY PLANNING COMMISSION OR
OTHER AUTHORIZING AGENCIES OF ALL MEMBERS
PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE
COLLIER COUNTY PLANNING COMMISSION, OTHER
AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE
ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO
INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO
THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL
IN NATURE, ALL P ARTICIP ANTS MUST BE SWORN IN.
Moved to Item #8B (Per Agenda Change Sheet)
A. Recommendation that the Board approve an Ordinance Creating the
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July 28, 2009
Radio Road East of Santa Barbara Boulevard to Davis Boulevard
Municipal Service Taxing Unit.
B. This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine be held on this item, all
participants are reQuired to be sworn in. SNR-2009-AR-14205
Marbella Lakes Associates, LLC, is requesting to rename a street from
Marbella Boulevard to Hermosa Way. Subject property is located in
Tract A-l of the Marbella Lakes Subdivision, according to the plat
thereof recorded in Plat Book 46, Pages 77 through 93, of the Official
Records of Collier County, Florida, which is in Section 19, Township
49 South, Range 26 East, Collier County, Florida.
Resolution 2009-184 (W/c1arification)
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. V A-2008-AR-
13671, The Collier County Parks and Recreation Department,
represented by Heidi Williams, AICP, ofQ. Grady Minor and
Associates, is requesting eleven variances from LDC subsection
4.06.02 regarding buffer requirements and one variance from LDC
subsection 4.02.03 regarding standards for location of accessory
buildings and structures, with all 12 variances being for a community
park to be known as the Mar Good Harbor Park in the Residential
Single-Family (RSF-4) and Village Residential (VR) zoning districts
with a Goodland Zoning Overlay (GZO). The 2.62-acre subject
property is located in Goodland, in Section 18, Township 52 South,
Range 27 East, Collier County, Florida. CTS
Resolution 2009-185
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, tranfers and supplemental revenue) to
the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-186
E. Recommendation to adopt an Ordinance amending Ordinance No. 92-
40, as amended, which created the Immokalee Beautification
Municipal Service Taxing Unit, to expand its boundaries to match the
urban boundary within the current Immokalee Community
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July 28,2009
Redevelopment Agency (ICRA) boundaries.
Ordinance 2009-39
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. RZ-2008-AR-
13967, the Collier County Department of Parks and Recreation,
represented by Heidi Williams, AICP, ofQ. Grady Minor &
Associates, is requesting a Rezone from the Residential Single-Family
(RSF-4), Village Residential (VR) and Goodland Zoning Overlay
(GZO) zoning districts to the Public Use (P) Zoning District for a
community park. The approximately 2.62-acre waterfront property is
located on the north side of Pear Tree Avenue in Goodland, in Section
18, Township 52 South, Range 27 East, Collier County, Florida. CTS
Ordinance 2009-40
G. This item reQuires that all participants be sworn in and ex parte
disclosure be provided by Commission members. CU-2008-AR-
13679, Edward Larson of Messiah Lutheran Church Inc., represented
by Dwight Nadeau of RWA, Inc., is requesting a Conditional Use in
the Estates (E) Zoning District to expand an existing church pursuant
to Subsection 2.03.0 1.B.I.c.l of the Land Development Code. The
5.15-acre subject property is located at 5800 Golden Gate Parkway in
Section 29, Township 49 South, Range 26 East, Collier County,
Florida. CTS
Resolution 2009-187
H. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Ordinance No. 2004-43, by increasing the
surcharge imposed for non-criminal traffic infractions set forth in
Chapter 3l8, Florida Statutes, and those offenses enumerated in
Section 318.17, Florida Statutes, from $l5.00 to $30.00, in order to
implement recent legislation amending Section 318.18(13), Florida
Statutes.
Ordinance 2009-41
I. Recommendation that the Board approves an ordinance imposing civil
fines and penalties for the patently false reporting of violations of
County and State laws to public officers and law enforcement officers,
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July 28, 2009
which require the unnecessary exhaustion of public resources.
Ordinance 2009-42
Moved to Item #8A (Per Agenda Change Sheet)
J. This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearine be held on this item, all
participants are reQuired to be sworn in. SNR-2009-AR-14206
Marbella Lakes Associates, LLC is requesting to rename a street from
Green Boulevard to Marbella Lakes Drive. The subject property is
located in Tracts A-2 and A-3A of the Marbella Lakes Subdivision,
according to the plat thereof, recorded in Plat Book 46, Pages 77
through 83, of the Official Records of Collier County, Florida, which
is in Section 19, Township 49, Range 26, Collier County, Florida.
K. To conduct a public hearing to review and adopt revisions to the sign
regulations of the Collier County Land Development Code (Ordinance
No. 04-41) as a result of the legal challenge asserted in Bonita Media
Enterprises, LLC versus the Collier County Code Enforcement Board.
Ordinance 2009-43
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.
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July 28, 2009