Recap 09/15/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
September 15,2009
9:00 AM
Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman
Fred W. Coyle, BCC Vice-Chairman Commissioner, District 4
Jim Coletta, BCC Commissioner, District 5; CRAB Chairman
Frank Halas, BCC Commissioner, District 2
Tom Henning, BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM
MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER
WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES
(INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF
COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
September 15, 2009
Page 1
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF
CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY
FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST
TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of 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 - 5/0
B. July 27,2009 - Value Adjustment Board Meeting
Approved as presented -5/0
C. July 28, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE A WARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. Advisory Committee Service Awards:
September 15, 2009
Page 2
1) 10 Years - Maurice Gutierrez, Bayshore Beautification MSTU
Advisory Committee
Presented
4. PROCLAMA TIONS (One motion taken to adopt Items 4A and 4C)
A. Proclamation congratulating Aggie and Marius Krolczynski on the birth of
their son Ethan Gregory who was delivered at the Big Corkscrew Fire
Station by members of EMS and the Fire Service, who are also honored here
today. To be accepted by Aggie and Marius Krolczynski and representatives
of Collier County EMS and Big Cypress Fire Department.
Adopted -5/0
Motion to Continue this Item - Approved 4/1 (Commissioner Coletta opposed)
B. Proclamation designating September 15, 2009 as the Partner Day for the
2010 Census, demonstrating Collier County's commitment to this important
process. To be accepted by Marcela Rice, Partnership Specialist, U.S.
Census Bureau.
C. Proclamation designating September 26,2009 as Naples News Media Group
Day. To be accepted by Naples News Media Group Management.
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Russell Greer, Laboratory Technician, Water
Department, as Employee of the Month for August 2009.
Presented
B. A presentation to the North Naples Firefighters Union to recognize their
contribution of $5,000 for the Freedom Memorial, and a presentation to
Physicians Regional Healthcare System to recognize their contribution of
$5,000 for the Freedom Memorial. Presentations by Commissioner Coyle.
Presented
C. Presented by Florida Department of Transportation (FDOT) to David
Buchheit, Chairman of the CTST (Community Traffic Safety Team). Collier
September 15, 2009
Page 3
County's Community Traffic Safety Team was awarded third place honors
out of 52 community traffic safety teams from across the state during the
2009 Florida Law Enforcement Challenge awards ceremony on July 31,
2009. FDOT Community Traffic Safety Team Coordinator Debra Stallings
will present the award today to Chairman, David Buchheit, Vice Chairman,
Charles Benson and Secretary/Coordinator Nancy Frye.
Presented
Added (Per Agenda Change Sheet)
D. Presentation by John Smarge, Rotary Club International. (Commissioner
Fiala's request)
Presented Jim Mudd with a Rotarian "Paul Harris Fellowship"
6. PUBLIC PETITIONS
A. Public petition request by Jim Gaitens to discuss beer sales at Sugden Park
for the Naples International Festival.
Motion to approve and to have staff move forward - Approved 4/1
(Commissioner Henning opposed)
B. Public petition request by Janet Nebus to discuss LDC requirements for
travel trailer-recreational vehicle campgrounds.
Motion to make changes to theLDC and allow for permitting to occur
now - Approved 5/0
C. This item to be heard at 2:30 p.m. Public petition request by Chief Doug
Dyer to discuss allegations made against East Naples Fire Control and
Rescue District by Dr. Robert Tober. (Time certain requested by
Commissioner Coletta)
Motion directing staff to meet and to return to the Board with
suggestions for a possible resolution - Consensus
D. This item to be heard immediatelv followine Item #6C at 2:30 p.m.
Public petition request by Commissioner Thomas Cannon to discuss a
workshop between the East Naples Fire Control and Rescue District
Commissioners and the Board of County Commissioners to renegotiate the
September 15, 2009
Page 4
"Interlocal Agreement Advanced Life Support Partnership." (Time certain
requested by Commissioner Coletta)
Direct staff to set-up a workshop to renegotiate the interlocal agreement
- Consensus
E. Public petition request by Marcia Cravens to request that the Board of
County Commissioners reconsider and reverse its action taken on Agenda
Item #10D on June 23, 2009.
Presented
Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
Continued to the October 13, 2009 BCC Meeting (Per Agenda Change Sheet)
A. This item reQuires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. PUDZ-2008-AR-
14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP
of Hole Montes and Richard D. Y ovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting a Rezone from the Orange
Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD,
and the Agricultural (A) zoning districts to the Commercial Planned Unit
Development (CPUD) for a 764,524 square-foot continuing care retirement
community (CCRC) to be known as the Siena Lakes CCRC CPUD. The
approximately 29.25-acre subject property is located in Section 1, Township
49 S, Range 25 E, Collier County, Florida. (Companion item to PUDA-
2008-AR-14090 and PUDA-2008-AR-14092).CTS
Continued to the October 13, 2009 BCC Meeting (Per Agenda Change Sheet)
B. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDA-2008-AR-14090
LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of
Hole Montes, Inc. and Richard D. Y ovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the Oak
Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The
September 15, 2009
Page 5
subject property is located in Section 1, Township 49 South, Range 25 East,
Collier County, Florida (This is a companion item to PUDZ-2008-AR-14091
and PUDA-2008-AR-14092). CTS
Continued to the October 13, 2009 BCC Meeting (Per Agenda Change Sheet)
C. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. PUDA-2008-AR-14092
(JDM) LCS Development LLC, represented by Robert Duane, AICP, of
Hole Montes, Inc. and Richard D. Y ovanovich, Esq., of Goodlette, Coleman,
Johnson, Yovanovich and Koester, is requesting an amendment to the
Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete
approximately 5.85 acres. The subject property is located in Section 1,
Township 49 South, Range 25 East, Collier County, Florida (Companion
item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14090). CTS
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Board of Building Adjustments and
Appeals.
Resolution 2009-214: Reappointing William Silvester, John Melton and
Randy Anderson - Adopted 5/0
B. Appointment of member to the Immokalee Enterprise Zone Development
Agency.
Motion to re-advertise for this position - Approved 5/0
C. Appointment of members to the Affordable Housing Advisory Committee.
Resolution 2009-215: Appointing Randy Anderson, Christian Davis and
Stuart Warshauer (as an alternate) - Adopted 5/0
D. Appointment of member to the Pelican Bay Services Division Board.
Resolution 2009-216: Appointing Jill Kobe - Adopted 5/0
E. Recommendation that the Board of County Commissioners establish a
consistent policy concerning the leasing of County property to not-for-profit
organizations. (Commissioner Coyle's request)
County Attorney to review and bring back a standard lease policy
September 15, 2009
Page 6
F. Appointment of members to the Collier County Airport Authority.
Resolution 2009-217: Appointing Richard Rice and re-appointing Byron
Meade, Michael Kline and Franklin Secrest; Motion to amend
ordinance to allow for an alternate member - Appointing Floyd Crews
as the alternate member (Pending ordinance change) - Adopted 5/0
G. Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2009-218: Appointing Phillip Brougham - Adopted 5/0
H. Appointment of members to the Collier County Planning Commission.
Resolution 2009-219: Re-appointing Karen Homiak, David Wolfley and
Paul Midney - Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Request approval that the Board of County Commissioners consider
including the changes to the Growth Management Plan RLSA Overlay of the
Future Land Use Element with the Evaluation and Appraisal Report Growth
Management Plan Amendment process beginning in 2012 or in the
alternative holding a special Growth Management Plan Amendment Cycle in
2011 to address priority amendments as identified by the Five-Year Review
of the Rural Lands Stewardship Program report pursuant to the Special
Meeting of the Board of County Commissioners held on April 21, 2009.
(Thomas Greenwood, Principal Planner, Comprehensive Planning, CDES)
Approved - 5/0
Moved from Item #16A5 (Per Agenda Change Sheet)
B. This item to be heard at 2:00 p.m. To provide to the Board of County
Commissioners (Board) information regarding the requirement as specified
in the 2007 Florida Building Code to obtain a building permit when
replacing a water heater, and to inform the Board of the final decision
rendered by the Florida Building Commission on this matter.
Motion directing staff to revert back to the Board of Adjustment &
Appeals (BOAA) requesting that certain exceptions be given to single
family homes regarding requirements for water heater permits _
Approved - 4/1 (Commissioner Halas opposed)
September 15, 2009
Page 7
Moved from Item #16B16 (Per Agenda Change Sheet)
C. Recommendation to approve an extension of time for staff to review and
assess alternative administration for the Collier County Airport Authority.
Motion to extend Teresa Cook's contract at the current salary for 3
years and to re-instate her contract immediately
Moved from Item #16D9 (Per Agenda Change Sheet)
D. Recommendation that the Board of County Commissioners approves and
authorizes the Chairman to sign twelve (12) Subrecipient Agreements for
CDBG, ESG, and HOME projects previously approved for HUD funding in
the 2009-2010 Action Plan
Motion to approve w/staff clarifications - Approved 4/1 (Commissioner
Henning opposed)
11. PUBLIC COMMENTS ON GENERAL TOPICS
A. Hilary Smentec - Concerns regarding Abortions
B. Bruce Anderson - Shorter time between permitting and GMP hearings
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.011(8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, SEPTEMBER 15,2009, at a time certain of 12:00 noon in the
Commission conference room, 3rd Floor, W. Harmon Turner Building,
Collier County Government Center, 3301 East Tamiami Trail, Naples,
Florida. In addition to Board members, County Manager James Mudd or Leo
Ochs, Deputy County Manager, County Attorney Jeffrey A. Klatzkow, and
Assistant County Attorney Steven T. Williams will be in attendance. The
Board in executive session will discuss: Settlement negotiations in the
pending litigation cases of Craig Grider and Amber Grider v. Collier
County, Case No. 08-7794-CA and Craig Grider and Amber Grider v.
Collier County, Case No. 09-3164-CA, both which are now pending in the
Twentieth Judicial Circuit in and for Collier County, Florida.
Closed Session
September 15,2009
Page 8
B. This item to be heard at 1 :00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to settlement negotiations in the pending litigation cases of
Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA
and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-
CA, both which are now pending in the Twentieth Judicial Circuit in and for
Collier County, Florida.
Continuing with the litigation in this case
Added (Per Agenda Change Sheet)
C. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.011(8), Fla. Stat., that County Attorney desires advice from
the Board of County Commissioners in Closed attorney-client session on
TUESDAY, SEPTEMBER 15,2009, at a time certain of 12:00 noon
(following Item 12A), in the Commission conference room, 3rd Floor, W.
Harmon Turner Building, Collier County Government Center, 3301 East
Tamiami Trail, Naples, Florida. In addition to Board members, County
Manager James V. Mudd (or in his absence, Deputy County Manager Leo
Ochs), County Attorney Jeffrey A. Klatzkow, and Litigation Section Chief
Jacqueline W. Hubbard will be in attendance. The Board in executive
session will discuss: Strategy session related to litigation expenditures and
settlement negotiations in the pending case of Board of County
Commissioners v. Dwight E. Brock, Clerk of Courts, Case No. 07-1056-CA,
now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida.
Closed Session
Added (Per Agenda Change Sheet)
D. This item to be heard at 1:00 p.m. For the Board of County
Commissioners to provide direction to the County Attorney regarding
strategy related to litigation expenditures and settlement negotiations in the
pending case of Board of County Commissioners v. Dwight E. Brock, Clerk
of Courts, Case No. 07-1056-CA, now pending in the Twentieth Judicial
Circuit in and for Collier County, Florida.
Contingent to the return of Six Million Dollars to the County at the
close of business today; all other agreements are in place with 1.5
Million Dollars at turn-back time
September 15,2009
Page 9
Moved from Item #16Kl (Per Agenda Change Sheet)
E. Recommendation to authorize an amendment to Ordinance No. 91-65, as
amended, relating to the Affordable Housing Advisory Committee, which
will limit the rezoning petitions requiring Committee review to all affordable
housing projects and any projects which request existing or new affordable
housing incentives.
Motion to remove any review by the Affordable Housing Committee on
review rezone presentations - Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. This item to be heard immediatelv followine Item #12B at 1 :00 p.m.
Recommendation that the Collier County Board of County Commissioners
approves and authorizes its Chairman to execute the attached twenty-five
(25) year sub-lease agreement with the Department of Military Affairs
Armory Board Florida Army National Guard (National Guard) for 26.41
acres at the Immokalee Regional Airport for the construction of the Collier
County Readiness Center. The imputed rent for this sub-lease agreement will
be deducted from the debt the Airport Authority owes the County. (Theresa
Cook, Airport Authority)
Approved - 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. K1atzkow - No Settlement Agreement with the Clerk
B. Commissioner Henning - Planned Parenthood was not approved for
medical use by the County
C. Commissioner Henning - Staff to look into possibly taking some items
off of the Miscellaneous Correspondence submitted to the Board
D. Commissioner Coletta - Red Light Cameras & turning right on red;
to be brought back to the September 29, 2009 BCC Meeting
E. Commissioner Coletta - Rental Fee Inspection results of the refund
program and to be brought back to the next BCC Meeting
F. Commissioner Coletta - November Meeting Schedule Conflicts
September 15, 2009
Page 10
G. Commissioner Coletta - Post Office closing sites: Chairman to forward
a letter with Commission's concerns
H. Commissioner Coletta - Immokalee Multi-Cultural Sept. 18, 19, &20th
I. Commissioner Halas - Bathroom facilities off of Bluebill
J. Commissioner Fiala - Marco Island Historical Society Board Members;
County to appoint two members. Motion was taken for the County
Attorney and staff to begin work on an Ordinance - Approved
K. Motion to Adjourn - Approved 5/0
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted with changes - 5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) 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. Recommendation to
approve for recording the final plat of Casthely Place.
Located in Section 3, Township 49 South, Range 26 East
2) 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. Recommendation to
approve for recording the final plat of Tract 102, Golden Gate Estates
Unit No.9 Replat.
Located in Section 8, Township 49 South, Range 27 East
3) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Grand Lely Drive Phase
Two with the roadway and drainage improvements within the right of
way being maintained by Collier County.
Resolution 2009-200: w/ release of the Maintenance Security
September 15,2009
Page 11
4) Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of Grand Lely Drive and
Lely Cultural Parkway with the roadway and drainage improvements
within the right of way being maintained by Collier County.
Resolution 2009-201: wi release of the Maintenance Security
Moved to Item #10B (Per Agenda Change Sheet)
5) To provide to the Board of County Commissioners (Board)
information regarding the requirement as specified in the 2007 Florida
Building Code to obtain a building permit when replacing a water
heater, and to inform the Board of the final decision rendered by the
Florida Building Commission on this matter.
6) 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. Recommendation to
approve for recording the final plat of McEndrees Place.
Located in Section 16, Township 50 South, Range 26 East
7) Recommendation to approve final acceptance of the water utility
facility for KD2 Car Wash.
W/release of any Utilities Performance Security (UPS)
8) Recommendation to approve final acceptance of the water utility
facility for Mission Hills Shopping Center.
Wlrelease of any Utilities Performance Security (UPS)
9) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
Totaling $200.00 in recording costs
10) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofWaterpark Place at Pelican
Bay with the roadway and drainage improvements being privately
maintained.
Resolution 2009-202: wi release of the Maintenance Security
September 15, 2009
Page 12
11) Recommendation to approve a clarification to the Community
Development and Environmental Services (CDES) Fee Schedule
concerning fee assessments for Lien Search Requests and Payoff
Requests.
Charge will be per property address request
12) Recommendation that the Board of County Commissioners ("BCC")
authorizes the Community Development and Environmental Services
Division Administrator to refund the Construction Inspection Fee
portion in the amount of $1 0,867.39, of the Review and Inspection
Fees that were paid for the project known as AR-7953, Pine Ridge
Corners.
Due to economic downturn this project will not be proceeding
with the construction phase
B. TRANSPORTATION SERVICES
1) Recommendation to reject all bids received under Bid #09-5231
Surfacing & Maintenance of Lime Rock Roads.
Staff to publicly re-post bids
2) Recommendation for the Board of County Commissioners to approve
the FY2006 5309 Federal Transit Administration (FTA) grant award
in the amount of $226,710 for the purchase and installation of a fuel
tank at the existing Collier Area Transit (CAT) facility and approve a
budget amendment to recognize and use these funds.
3) Recommendation for the Board of County Commissioners to approve
the FY2008 5309 Federal Transit Administration (FT A) grant award
in the amount of $259,000 for the purchase and installation of
generators at the existing and future CAT transfer facilities and
approve a budget amendment to recognize these funds.
4) Recommendation to adopt a resolution authorizing the acquisition by
gift or purchase of land and easements necessary for the construction
of roadway, drainage and utility improvements required for the
September 15,2009
Page 13
extension of Valewood Drive from Immokalee Road to Autumn Oaks
Lane. (Northbrooke Drive/Valewood Drive Extension Phase 1,
Project No. 60106.) Estimated fiscal impact: $875,000.00.
Resolution 2009-203
5) Recommendation to approve an Easement Agreement for the
acquisition of a perpetual road right-of-way drainage and utility
easement which is required for Phase II of the Santa Barbara
Boulevard project. (Project No. 62081) Estimated Fiscal Impact:
$32,250.
6) To obtain Board of County Commissioners approval of an Agreement
to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility
Easement (RDUE) to the County, that is required for the Collier
Boulevard Project (Project No. 68056). ($54,619.50)
7) Recommendation to quitclaim to Daniel J. Griffin a 30 foot strip of
property that was originally quitclaimed to Collier County for road
right-of-way by Griffin's predecessor in title. (Fiscal Impact: $0)
8) To obtain Board of County Commissioners approval of an Agreement
to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility
Easement (RDUE) to the County, that is required for the Collier
Boulevard Project. (Project No. 68056). ($30,625)
9) Recommendation to approve an agreement for the acquisition of
approximately 3.19 acres of property, and to accept a quitclaim deed
for any interest held in a contiguous parcel of land containing
approximately 3.49 acres from the Moon Lake Homeowners
Association, Inc., to provide for construction of the Greenway Project.
(Project No. 60087.1) (Fiscal Impact: $34,950.00)
10) Recommendation to approve a Drainage Easement Agreement for the
acquisition of a perpetual drainage easement which is required for
Collier Boulevard Project #60001. Estimated Fiscal Impact:
$18,050.00
September 15, 2009
Page 14
11) Recommendation to approve a budget amendment in the amount of
$20,729.39 for Traffic Accident Reimbursements, Project #60076.1,
and to recognize revenues for future repairs.
12) Recommendation for the Board of County Commissioners to approve
a new Agreement between McDonald Transit Associates, Inc. and
Collier County, which specifies certain performance and reporting
terms and conditions for consolidated management for the Collier
Area Transit Fixed Route and Paratransit Systems.
13) Recommendation that the Board of County Commissioners approves a
Budget Amendment recognizing an additional $694,284.00 in State
Public Transit Block Grant funding for Fiscal Year 2009/20 I O.
14) Recommendation to approve a budget amendment to transfer funds
from Project No. 60064 TCMA to Project No. 60083 in the amount of
$23,900.00 for the construction of a Collier Area Transit Bus Shelter.
15) Recommendation that the Board of County Commissioners accepts a
drainage, access and maintenance easement from the District School
Board of Collier County and pay fifty percent (50%) of the cost to
relocate a section of chainlink fence in the amount of $6,000.00.
Moved to Item #10C (Per Agenda Change Sheet)
16) Recommendation to approve an extension of time for staff to review
and assess alternative administration for the Collier County Airport
Authority.
17) 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
$14,481.74.
18) Recommendation to award Bid #09-5244 Radio Road Landscape &
Irrigation Project Phases nB & IA to Hannula Landscape & Irrigation,
Inc. in the amount of $172,81 0.70.
September 15, 2009
Page 15
19) Recommendations to waive the formal competitive requirement of the
County's Purchasing Policy and authorize the purchase of a 750 KW
generator in the amount of$75,000 from Metro Power Systems, Inc.
for the Collier Area Transit (CAT) Headquarters building located at
8300 Radio Road.
20) Recommendation to approve a coordination agreement between
Collier County, as Community Transportation Coordinator (CTC),
and Eden Institute, Inc. for the provision of community transportation
services to transportation disadvantaged clients.
21) Recommendation to approve a Resolution authorizing implementation
of a school zone speed limit reduction to 20 MPH during school
arrival and dismissal hours as indicated by flashing beacons on
westbound Lely Cultural Drive at a cost of approximately $13,000
Resolution 2009-204
22) Recommendation to award a work order, under contract 09-5197, to
pave Shell Island Road, to Better Roads, Inc. for $264,656.30 plus a
ten percent contingency ($26,465.63) for a total amount of
$291,121.93. The funding will be one hundred percent (100%)
reimbursed by the Florida Department of Environmental Protection
(FDEP).
23) Recommendation that the Board of County Commissioners approves
the submittal of grant applications for Transportation Investment
Generating Economic Recovery (TIGER) program from the U.S.
Department of Transportation (DOT) for projects funded by the
American Recovery and Reinvestment Act (ARRA) of 2009 and
recognize responsibility for the additional transparency, accountability
and reporting compliance requirements of these funds.
C. PUBLIC UTILITIES
1) Recommendation to award Bid Number 09-5291 titled South County
Water Reclamation Facility Upgrades to the Deep Injection Well
September 15, 2009
Page 16
Surge and Pressure Relief System in the amount of $172,529.35 to BJ
Enterprises, Inc., Project #73974.2.
To ensure fully compliant and reliable wastewater services to our
customers
2) 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
$271,900 to fund the Implementing Multi-Family Community
Recycling Ordinance program.
Helping to reach the ultimate goal of diverting recyclable
materials from the solid waste stream helping to save landfill
space
3) Recommendation that the Board of County Commissioners, Ex-
Officio, the Governing Board of the Collier County Water-Sewer
District (Board), accept the Alternative Impact Fee Calculation
submitted by the Sembler Company and authorize a refund of water
and sewer impact fees in the amount of$47,702.73 to the property
owner and approve any necessary budget amendments that may be
required associated with the reimbursement.
4) Recommendation that the Board of County Commissioners, Ex-
Officio, the Governing Board of the Collier County Water-Sewer
District (Board), approve an impact fee reimbursement for Centex
totaling $56,560 for an adjustment of water and sewer impact fees and
approve any necessary budget amendments that may be required
associated with the reimbursement.
5) Recommendation to approve budget amendments of approximately
$2,500,000.00 to transfer projects from various water and wastewater
capital projects funds to a 2006 Revenue Bond Proceeds Fund to
segregate the projects funded by the 2006 Revenue Bond.
As detailed in the Executive Summary
D. PUBLIC SERVICES
September 15, 2009
Page 17
1) Recommendation to approve Collier County's Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and Emergency Shelter Grant (ESG) Consolidated Annual
Performance and Evaluation Report (CAPER) for Fiscal Year 2008-
2009 as required by the U.S. Department of Housing and Urban
Development (HUD), approve the CAPER Resolution, and authorize
the Chairman of the Board of County Commissioners to certify the
CAPER for submission to HUD and sign the attached resolution.
Resolution 2009-205
2) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign a Resolution amending the State
Housing Initiative Partnership program Local Housing Assistance
Plan for Fiscal Years 2007-2008, 2008-2009, and 2009-2010 to
implement the Florida Homebuyer Opportunity Program.
Resolution 2009-206
3) Recommendation to award contracts for RFP #09-5248, General
Contractors for Rehabilitation of Residential Structures for the
Neighborhood Stabilization Program, to various firms for activities
funded through the U.S. Department of Housing and Urban
Development Neighborhood Stabilization Program.
As Detailed in the Executive Summary
4) Recommendation to award contracts for RFP 09-5266, Lawn Care
Maintenance for the Neighborhood Stabilization Program, to various
firms for activities funded through the U.S. Department of Housing
and Urban Development Neighborhood Stabilization Program.
Awarded to Hannula Landscaping, EcoSystem Technologies,
Superior Landscaping, Caribbean Landscaping, Sweeper Man of
SW Florida
5) Recommendation to approve a budget amendment in the amount of
$285,797 to fund payment to the City of Naples under the Interlocal
Agreement for Reciprocal Beach Parking for FY 08 and FY09.
September 15, 2009
Page 18
6) Recommendation for the Board of County Commissioners to approve
an agreement with the District School Board of Collier County for
transporting school-age recreation program participants.
7) Recommendation for the Board of County Commissioners to accept
the Library Long Range and Technology Plans and the current year
Action Plan and authorize the Chairman to sign the FY 2009-2010
State Aid to Libraries Grant Application permitting the Collier County
Public Library to apply for State Aid to Libraries.
8) Recommendation to approve and adopt the name MarGood Harbor
Park for the proposed park in Goodland.
Moved to Item #10C (Per Agenda Change Sheet)
9) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign twelve (12) Subrecipient
Agreements for CDBG, ESG, and HOME projects previously
approved for HUD funding in the 2009-2010 Action Plan.
10) Recommendation that the Board of County Commissioners awards
Bid #09-5282 with the estimated expenditures of $75,017 to Fence
Design by Arc Tech Construction for fence repairs at seven park sites.
11) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Agreement providing for a
$50,000 State Housing Initiative Partnership (SHIP) grant to
Immokalee Helping Our People in Emergencies, Inc. (IHOPE) for the
acquisition and/or rehabilitation and relocation of the manufactured
dwelling unit located in Sugden Park to benefit one household earning
less than 80% of the Area Median Income.
12) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an amendment between Collier
County Board of County Commissioners and the Area Agency on
Aging for Southwest Florida, Inc. to reflect additional grant funding in
the amount of $699.34 for the Nutritional Services Incentive Program
(NSIP).
September 15, 2009
Page 19
13) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a Department of Housing and
Urban Development (HUD) Community Development Block Grant-
Recovery (CDBG-R) agreement in the amount of$631,283.00 and
approves the associated budget amendment recognizing the funding
associated with this award.
14) Recommendation for the Board of County Commissioners to approve
carry- forward co-payment revenues and expands the authorized use of
the funding to include temporary rental assistance for those displaced
by Chinese Drywall from the collection of co-payments from the
Social Services Program.
15) Recommendation for the Board of County Commissioners to accept
the Jo Saylors sculpture Willow Whistle, that was donated to the
Marco Island Branch Library by The Marco Island Foundation for the
Arts and sign the Condition of Transfer document.
16) Recommendation to award bid #09-5265 to Cheney Brothers Food,
Inc. to provide concession food resale at North Collier Regional Park
at an estimated cost of $ 100,000 for FY 09 and FY 10.
17) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, an Amendment #1 to Project
Number FL14B70-6001 Continuum of Care (CoC) Supportive
Housing Program (SHP) Subrecipient Agreement with the Shelter for
Abused Women & Children (SA WCC) for Supportive Services and
Operating Costs of the Shelter.
18) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign an amendment to the ARRA
203.09 agreement with the Area Agency on Aging for Southwest
Florida, Inc. and recognizes additional ARRA funds in the amount of
$51,609.96. These federal funds are provided by the United States
Department of Health and Human Services under the American
September 15, 2009
Page 20
Recovery and Reinvestment Act of 2009 and will be used to increase
congregate and home delivered meals for seniors in Collier County.
19) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign seven (7) Homelessness
Prevention and Rapid Re- Housing (HPRP) subrecipient grant
agreements providing funds to stabilize Collier County citizens who
are at risk ofhomelessness and re-house those who are currently
experiencing homelessness.
20) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the U.S. Department of Housing
and Urban Development (HUD) entitlement funding agreements for
Community Development Block Grant (CDBG), HOME Investment
Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for
FY 2009-2010.
21) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a Resolution amending the State
Housing Initiative Partnership (SHIP) program 2004-2007 Local
Housing Assistance Plan (LHAP) to increase the maximum award for
owner-occupied rehabilitation and authorize an amendment to
Ordinance 94-39, as amended, relating to the Residential
Rehabilitation Program.
Resolution 2009-207
22) Recommendation to award a contract for RFP #09-5248, General
Contractors for Rehabilitation of Residential Structures for the
Neighborhood Stabilization Program, to Inspired Woodworking for
activities funded through the U.S. Department of Housing and Urban
Development Neighborhood Stabilization Program.
E. ADMINISTRATIVE SERVICES
1) Report and ratify Property, Casualty, Workers Compensation and
Subrogation Claims settled and/or closed by the Risk Management
Director pursuant to Resolution 2004-15 for third quarter ofFY 09.
September 15, 2009
Page 21
2) Recommendation that the Board of County Commissioners rejects
Request for Proposal (RFP) #09-5226, Architectural/Engineering
Services for the Collier County Government Center in an effort to
rebid and streamline all architectural services into one county-wide
contract for all departments.
3) Recommendation to award Bid #09-5216 Annual Contract for
Painters and contracts to Royal Crest Companies, Inc. d/b/a Royal
Crest Buildings and Spectrum Contracting, Inc. for painting services.
(Estimated annual cost: $80,000)
4) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period covering
5) Recommendation to adopt a resolution approving the 2010 Fiscal
Year Pay and Classification Plan and to continue authorizing the
creation of new classifications, modification and/or deletion of
classifications and assignment of pay ranges from the proposed 2010
Fiscal Year Pay and Classification Plan, using the existing Archer
point-factor job evaluation system, subject to a quarterly report to the
Board of County Commissioners.
Resolution 2009-208
6) Recommendation to approve an Amendment to Agreement for Sale
and Purchase (Amendment) for 1.14 acres under the Conservation
Collier Land Acquisition Program at no additional cost to the County
with Richard F. Berman to purchase 1.14 acres for $18,060 for
Conservation Collier.
7) Recommendation to approve an Amendment to Agreement for Sale
and Purchase (Amendment) for 1.14 acres under the Conservation
Collier Land Acquisition Program at no additional cost to the County,
Richard F. Berman, as to 50%, and Frank J. Celsnak and Marlene J.
Ce1snak, as Trustees.
September 15,2009
Page 22
8) Recommendation to execute a long term Agreement between Collier
County and the Board of Supervisors of the Lely Community
Development District to supply irrigation quality water to the
combined site of the Emergency Services Center and the South
Regional Library at an annual cost to the County of approximately
$4,235.00; and to authorize the Chairman to sign the Agreement.
9) Recommendation to gain approval for a Budget Amendment to
recognize and appropriate Building Maintenance Special Service and
other Building Maintenance revenues totaling $108,965.01 for
reimbursement of operating expenses in Fiscal Year 2009.
F. COUNTY MANAGER
1) Board ratification of Summary, Consent and Emergency Agenda
Items approved by the County Manager during the Board's scheduled
recess. (In Absentia Meeting dated August 25, 2009.)
2) Recommend that the Board of County Commissioners approves of the
award of RFP #09-5183 and agreement between Collier County and
Miles Media Group, LLLP for Website Development for the Collier
County Tourism Department in an estimated annual amount of
$100,000 and authorizes the Chairman to sign the agreement.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2008-09 Adopted Budget.
Resolution 2009-209
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) Recommendation for the CRA Board to approve an after-the- fact
submission of the Florida Marlins Community Foundation Grant in
the amount of $2,000 to assist in costs associated with the "Inaugural
Bayshore Cultural Festival of the Arts."
September 15, 2009
Page 23
2) Recommendation to the Community Redevelopment Agency (CRA)
to approve Local Advisory Board members and CRA staff attendance
at the Florida Redevelopment Association 2009 Annual Conference;
authorize payment of attendees registration, lodging, travel and per
diem from the Immokalee CRA Trust Fund (Fund 186) travel budget;
and declare the training received as serving a valid public purpose.
3) Recommendation that the Collier County Board of County
Commissioners accepts funds from the Federal Emergency
Management Agency (FEMA) in the amount of $64,907.44 for the
reconstruction of the T -hangars at Everglades Airpark.
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating September 28, 2009 as Family Day - A Day
to Eat Dinner with Your Children. To be mailed to Dana Sheck at The
National Center on Addiction and Substance Abuse, Columbia
University.
Adopted
2) Commissioner Coyle request for Board approval for payment to
attend function serving a valid public purpose. Commissioner Coyle
traveled to Bangor, Maine for the purpose of informational meetings
with Jackson Lab staff and educational tours of their facility. $36.55
to be paid from Commissioner Coyle's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Friends of the Library Red, White, & Roulette event
on November 6,2009 at the Naples Italian American Club in Naples,
FL. $25.00 to be paid from Commissioner Fiala's travel budget.
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Bridge Recognition Dinner Cruise on September 3, 2009
at Erin's Isle on Marco Island, FL. $30.00 to be paid from
Commissioner Fiala's travel budget.
September 15, 2009
Page 24
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 9/11 Remembrance Luncheon on September 11, 2009 at
Marco Beach Resort and Spa on Marco Island, FL. $30.00 to be paid
from Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of July 18,
2009 through July 24, 2009 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of July 25,
2009 through July 31, 2009 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of August
1, 2009 through August 7, 2009 and for submission into the official
records of the Board.
4) To obtain Board approval for disbursements for the period of August
8, 2009 through August 14, 2009 and for submission into the official
records of the Board.
5) To obtain Board approval for disbursements for the period of August
15,2009 through August 21,2009 and for submission into the official
records of the Board.
6) To obtain Board approval for disbursements for the period of August
22, 2009 through August 28, 2009 and for submission into the official
records of the Board.
September 15, 2009
Page 25
7) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment recognizing interest
earned in Supervisor of Elections grant fund 37004.1
8) Recommendation that the Board of County Commissioners approve a
Budget Amendment to transfer $1,711.25 from the Supervisor of
Elections Administration Budget to the Supervisor of Elections Grant
Budget recognizing HA V A program income.
9) Recommendation that the Collier County Board of County
Commissioners approve a budget amendment recognizing interest
earned in Supervisor of Elections grant fund 37003.1.
10) Recommendation that the Board of County Commissioners of Collier
County approve an Interlocal Agreement for Election Services
pertaining to services and voting equipment used by the City of
Everglades in connection with an election to be held on November 24,
2009.
11) Recommendation to approve an Integrated Criminal Justice
Information System Cost-Sharing Agreement with 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 by and through the Administrative Office of the
Courts.
12) Recommendation that the Board of County Commissioners approves a
budget amendment in the amount of $252,390 for payment of an
invoice in the amount of $269,390 from Criminal Justice Information
System (CJIS) for Collier County's portion of the cost sharing project
for the Twentieth Judicial Circuit for FY09.
K. COUNTY ATTORNEY
Moved to Item #12E (Per Agenda Change Sheet)
1) Recommendation to authorize an amendment to Ordinance No. 91-65,
as amended, relating to the Affordable Housing Advisory Committee,
September 15, 2009
Page 26
which will limit the rezoning petitions requiring Committee review to
all affordable housing projects and any projects which request existing
or new affordable housing incentives.
2) Recommendation to adopt a Resolution approving the County
Attorney's Office 2010 Fiscal Year Pay and Classification Plan,
which is identical to the current approved plan.
Resolution 2009-210
3) Recommendation pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners authorizes the County
Attorney's Office to select and retain outside counsel to represent
County Manager James V. Mudd who has been named as a defendant
in the lawsuit entitled Pebble Page Inc., D/B/A Stevie Tomato's
Sports Page Bar and Grill v. Jim Mudd, in his official capacity as
County Manager for Collier County, Case No. 09-6825-CA, now
pending in the Twentieth Judicial Circuit in and for Collier County,
Florida, and in addition, to waive the Purchasing Policy to the extent it
applies to the selection of outside counsel andlor otherwise exempt the
selection of outside counsel from competition pursuant to VII.G. of
the Purchasing Policy.
4) Authorize the making of an Offer of Judgment to Respondent, Pascal
J. Murray, for Parcel No. 121FEE in the amount of$610,900 in the
lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-
4784-CA (Santa Barbara Boulevard Extension Project No. 60091)
(Fiscal Impact $46,700).
5) Recommendation that the Board of County Commissioners waive the
conflict with the continuing retention of Andrew Reiss, Esq., as
counsel for Collier County employees Stan Chrzanowski and Rudy
Moss in the case styled Burgeson v. Collier County, et aI., Case No.
2:09-CV-220-FTM-99-DNF, now pending in the United States
District Court for the Middle District of Florida, Fort Myers Division.
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $9,000 for Parcel 169 in the lawsuit styled Collier County
September 15, 2009
Page 27
v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate
Parkway Project 60027). (Fiscal Impact $6,246.80).
7) Recommendation to approve a Stipulated Final Judgment in the
amount of $6,000 for Parcel 119DE in the lawsuit styled Collier
County v. Alexander G. Christou, et aI., Case No. 07-4923-CA (Santa
Barbara Boulevard Extension Project 60091). (Fiscal Impact $3,000).
8) Recommendation to authorize an amendment to Ordinance No. 75-16,
as amended, relating to the conduct of meetings of the Board of
County Commissioners, to modify the procedure for calling a meeting
to order in the absence of the Chairman and Vice Chairman.
9) Authorize the making of an Offer of Judgment to Respondents, Gloria
Giordano, Chris Rasmussen, alk/a Chris Alan Rasmussen, and Martha
L. Rasmussen, for Parcel Nos. 122FEE and 123FEE in the amount of
$671,300 in the lawsuit styled Collier County v. Pascal J. Murray, et
aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension
Project No. 60091) (Fiscal Impact $48,900).
10) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
EMBARQ, INC., EMBARQ COMMUNICATIONS, INC. and
WORKMAN SERVICES, INC., in Circuit Court to recover damages
in the amount of$24,358.54, plus the cost of litigation.
11) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Leonardo Rodriguez and Maria Rodriguez in County Court to recover
damages in the amount of$7,533.69 plus the cost of litigation.
12) Recommendation to authorize Collier County to join in an action if
and when brought by the Florida Association of Counties to challenge
HB 227 (2209), which amended the Florida Impact Fee Act, by: (1)
placing the burden upon the government to prove by a preponderance
of the evidence the validity of its impact fee(s), and (2) forbidding the
September 15, 2009
Page 28
Court to use the deferential standard afforded all legislative
enactments. Funding for such a suit would not exceed $7,000.
13) Authorize the making of an Offer of Judgment to Respondents, Mark
A. Peiffer and Gwendolyn L. Peiffer, for Parcel No. 155RDUE in the
amount of $2, 160 in the lawsuit styled Collier County v. Patricia K.
Carlyle, et aI., Case No. 07-2829-CA (Oil Well Road Project No.
60044) (Fiscal Impact $360).
14) Recommendation to approve a Stipulated Final Judgment in the
amount of $83,000 for Parcel No. 179RDUE in the lawsuit styled
Collier County v. Armando B. Yzaguirre, et aI., Case No. 07-2746-
CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,046.35).
15) Recommendation that the Board of County Commissioners reviews
and approves the County Attorney's recommendation to waive any
potential ethics conflict for a CRA Advisory Board member based on
Ch. 112, Florida Statutes.
Continued to the September 29, 2009 BCC Meeting (Per Agenda Change Sheet)
16) Request by staff for authorization to advertise and bring back for the
Board's consideration a proposed amendment to Ordinance No. 08-
47, which addresses requirements for non-consent law enforcement
towing of vehicles, private property towing of vehicles, storage of
vehicles and maximum chargeable fees by tow truck companies, to
include provisions concerning the immobilization of vehicles
(booting) on private property and to further clarify language in the
ordinance based upon feedback and experience since its enactment in
September 2008.
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
September 15, 2009
Page 29
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. Recommendation to Review and Approve a Compliance Agreement
between the Florida Department of Community Affairs and Collier County,
setting forth a proposed Remedial Amendment relating to public schools in
the Capital Improvement Element of the Growth Management Plan,
Ordinance No. 89-05, as amended (Companion item to #17B).
B. Recommendation to Review and Adopt an Ordinance for a Remedial
Amendment relating to public schools in the Capital Improvement Element
of the Growth Management Plan, Ordinance No. 89-05, as amended, as set
forth in a Compliance Agreement between the Florida Department of
Community Affairs and Collier County. (Companion item to #17 A).
Ordinance 2009-45
C. Recommendation to adopt resolutions approving the preliminary assessment
rolls as the final assessment rolls and adopting same as the non-ad valorem
assessment rolls for purposes of utilizing the uniform method of collection
pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal
Service Benefit Units, Service District No. I and Service District No. II,
Special Assessment levied against certain residential properties within the
unincorporated area of Collier County, The City of Marco Island and the
City of Everglades City pursuant to Collier County Ordinance 2005-54, as
amended. Revenues are anticipated to be $17,943,500.
Resolution 2009-211 (District 1)
Resolution 2009-212 (District II)
D. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. CUE-2008-AR-13803
Living Word Family Church, Inc., represented by Laura DeJohn, AICP, of
Johnson Engineering, Inc., is requesting a one-year Conditional Use
Extension pursuant to the Land Development Code Section 10.08.00.E.3, in
September 15, 2009
Page 30
the Rural Agricultural (A) Zoning District with a Mobile Home Overlay
(MHO) for a church approved by Resolution No. 06-03. The 18.35 acre
subject property is located at 10910 Immokalee Road, in Section 30,
Township 48 South, Range 27 East, Collier County, Florida. CTS
Resolution 2009-213
E. ADA-2008-AR-14059 Sunrise Cay II Condominium Association Inc,
represented by Christopher J. Thornton ofCheffy, Passidomo, Wilson and
Johnson, LLP, is appealing the decision for INTP-2008-AR-12749. The
applicant wishes to appeal the Director's decision in which the Director
concluded that angle-parked boat parking with mooring pilings is
inconsistent with the Manatee Protection Plan specifically Sections
5.03.03.E.ll of the LDC and Sections 3.2.3.4 and 4.6.3 of the MPP to
prohibit use of mooring pilings to angle-park boat slips at Sunrise Cay II.
Subject property is located in Section 9, Township 52, Range 28, Collier
County, Florida.
F. This item reQuires that all participants be sworn in and ex parte
disclosure be provided bv Commission members. Petition: PUDZ-2009-
AR-14141 The Naples Italian-American Club, Inc. represented by Robert
Duane, AICP, of Hole Montes, Inc. and Richard Y ovanovich of Goodlette,
Coleman, Johnson, Y ovanovich & Koester P A, is requesting a Rezone from
the Agriculture (A) Zoning District to the Commercial Planned Unit
Development (CPUD) Zoning District to allow up to 20,000 square feet of
civic, social or fraternal organizations and 34,000 square feet of commercial
and professional office uses. The approximately 5.0-acre subject property is
located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range
25 East, Collier County, Florida. CTS
Ordinance 2009-46
G. This item reQuires that all participants be sworn in and ex-parte
disclosure be provided bv Commission members. Recommendation to
consider the Dissolution of Artesia Naples Community Development
District (CDD) pursuant to Section 190.046(9), Florida Statutes.
Ordinance 2009-47
18. ADJOURN - Approved 5/0
September 15, 2009
Page 31
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
September 15, 2009
Page 32