Recap 10/27/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
October 27, 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 AGENDA ITEMS 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."
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October 27, 2009
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
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
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. September 24, 2009 - BCC/Budget Hearing
Approved as Presented - 5/0
C. September 29,2009 - BCC/Regular Meeting
Approved as presented - 5/0
D. October 9, 2009 - Value Adjustment Board Meeting
Approved as presented - 5/0
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October 27, 2009
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
4. PROCLAMATIONS (One motion taken to adopt all proclamations)
A. Proclamation designating November 9,2009 as World Orphans Day 2009.
To be accepted by Tom Scott, President/COO, Sky Angel U.S. LLC, and
Karole Davis, Director - Public Relations, Sky Angel U.S. LLC.
Adopted - 5/0
B. Proclamation congratulating Collier County Solid Waste Management
Department for the receipt of the 2009 Special Waste Gold Excellence
Award. To be accepted by Dan Rodriguez, Solid Waste Management
Director and Danette Huff, Recycling Coordinator.
Adopted - 5/0
C. Proclamation designating November 9 - 13,2009 as Accounts Payable
Week. To be accepted by Connie Murray, General Operations Manager,
Clerks Finance Department.
Adopted - 5/0
D. Proclamation designating November 9,2009 as Collier County Foreclosure
Task Force Workshop Day. To be accepted by Jeff Ahren and Kathleen
Passidomo.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation of a check to the Board of County Commissioners for the
unused fees distribution. Presented by Larry Ray, Collier County Tax
Collector.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Marcia Breithaupt to discuss Domestic Animal
Services Mission Statement.
Not present
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October 27, 2009
B. Public petition request by Maggie McGall to discuss establishment of a
canine beach in Naples.
Discussed
C. Public petition request by James Guerrero to discuss outstanding invoices
for SHIP 09-025R and DRI-05-113, Bowersox Project.
Discussed
D. Public petition request by Randy Johns to discuss a request by Swamp
Buggy, Inc., for exemption from the current Noise Ordinance.
To be brought back as regular agenda item - Consensus
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 is beinl! re-scheduled to the November 10~ 2009 BCC meetinl!.
This item requires that all participants be sworn in and ex parte disclosure be
provided by Commission members: CU-2008-AR-13245 Collier County
through its Solid Waste Management Department, represented by David
Deans ofPBS & J, is requesting Conditional Uses within the Rural
Agricultural Zoning District within the North Belle Meade Overlay and
Rural Fringe Mixed Use District (RFMU) Overlay for Sending Areas to
allow 1) a Collection and Transfer Site for Resource Recovery, pursuant to
Collier County Land Development Code (LDC) Section 2.03.01.A.1.c.12;
and 2) Public Facilities, including Solid Waste and Resource Recovery
Facility and Public Vehicle and Equipment Storage and Repair Facilities
pursuant to LDC Section 2.03.08.AA.a.(3)(b) of the RFMU District for a
project to be known as the Resource Recovery Park. The subject property,
consisting of approximately 344 acres, is located approximately 1.5 miles
east of Collier Boulevard and 1 mile north of White Lake Boulevard, in
Section 25, Township 49 South, Range 26 East, Collier County,
Florida.( CTS)
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation that the Board of County Commissioners adopt an
Ordinance amending Chapter 74 of the Collier County Code of Laws and
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October 27, 2009
Ordinances (The Collier County Consolidated Impact Fee Ordinance) by
providing for the incorporation by reference of the impact fee study entitled,
Collier County Parks and Recreation Impact Fee Update Study, dated June
26, 2009; amending Schedule Three of Appendix A to reflect the revised
rates set forth in the impact fee study and providing for an effective date of
November 1,2009 for the Regional Parks Impact Fee rates and a delayed
effective date of February 1,2010 for the Community Parks Impact Fee rates
in accordance with the notice period requirements of Section
163.31801(3)(d) Florida Statutes; the cumulative results of the rate changes
being an overall decrease in Parks Impact Fees.
Ordinance 2009-57: Motion to adopt reduction of Community Parks
impact fees by 120/0 and approve all other recommendations by the
Productivity Committee - Failed 2/3 (Commissioner Fiala,
Commissioner Coletta, & Commissioner Halas opposed) Adopted - 3/2
(Commissioner Coyle and Commissioner Henning opposed)
Further Continued to the December 1,2009 Meeting (Per Agenda Change Sheet)
B. This item is beinl! re-scheduled to the November 10~ 2009 BCC meetinl!.
This item requires that ex parte disclosure be provided by Commission
Members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to consider adoption of an ordinance
establishing the City Gate Community Development District (CDD)
pursuant to Section 190.005, Florida Statutes.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Radio Road East of Santa Barbara
Boulevard to Davis Boulevard Advisory Committee.
Resolution 2009-257: Appointing Renato F. Fernandez (4 year term),
Thomas Frank DePouw and Suzanne J. Chapin (3 year terms), Dale M.
Johnson and Paige Simpson (2 year terms) - Adopted 5/0
B. Appointment of members to the Historical! Archaeological Preservation
Board.
Resolution 2009-258: Re-appointing Sharon Kenny, William J.
Dempsey and Patricia A. Huff - Adopted 5/0
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October 27, 2009
C. Recommendation that the Board of County Commissioners approve the
County Manager Employment Agreement with Leo E. Ochs, Jr., and
authorize the Chairman to execute same.
Approved - 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:30 a.m. Recommendation that the Board of
County Commissioners reviews the TDC Subcommittee recommendations
as approved by the Tourist Development Council and provides direction to
the County Manager or his designee for further action including the
authorization to process all necessary budget amendments covering direction
that involves the movement or use ofTDC funds. (Jack Wert, Tourism
Director)
1) Motion to deny TDC recommendation in regard to museums-
Approved 5/0
2) Motion to approve w/TDC review of tourist tax revenue
interest fund allocation and bring recommendations back at a
future BCC Meeting - Approved 5/0
3) Approved w/changes - 5/0; Staff to provide marketing results
report; County Attorney's Office to advertise ordinance
amendment
4) Staff to continue to work with Tax Collector in the collection of
taxes and the Tax Collector to enforce the collection - Approved
5/0
5) Motion to table until County Attorney reviews the ordinance -
Consensus
6) Motion to postpone #6 & #7 until Board receives further
information - Approved 5/0
7) Postponed along with #6
8) Motion to wait for reimbursement from FEMA Funds - Denied
2/3(Commissioner Coletta, Commissioner Fiala, and
Commissioner
Henning opposed); Motion to Approve for one (1) year -
Approved 4/1 (Commissioner Halas opposed)
9) Motion to Approve - Approved 4/1 (Commissioner Halas
opposed)
10) Motion to approve TDC recommendations - Approved 5/0
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October 27,2009
B. This item to be heard immediately followinl! Item #10A.
Recommendation that the Board of County Commissioners reviews and
approves the Fiscal Year 2010 Strategic Plan for the Naples, Marco Island,
Everglades Convention & Visitors Bureau (CVB) and approve all necessary
budget amendments. (Jack Wert, Tourism Director)
Motion to Approve - Withdrawn; Motion to Approved after the review
of the 2010 Tourism Budget w/today's revisions - Approved 5/0
C. Recommendation that the Board of County Commissioners approves the
Wilson Boulevard ExtensionlBenfield Road Corridor Study (Study). Due to
the size of the draft Final Report and the appendices, a copy is available at
the County Managers office for review. (Claudine Auclair, Transportation
Planning)
Motion to approve the plan or study and not the expenditure of money -
Approved 5/0
D. This item to be heard at 3:00 p.m. Recommendation and consideration to
(1) grant the Solid Waste Management Department the authority to pursue
an amendment to Ordinance 05-46 to rezone Bembridge PUD Tract "A"
from Residential PUD to Community Facility PUD to be processed by
CDES on an expedited or fast track basis; and, (2) contingent upon the
rezone approval, approve a transfer of 5.11 acres, Bembridge PUD Tract
"A", from the Collier County Emergency Medical Services Department
(EMS) to the Solid Waste Management Department for the relocation of the
Naples Recycling Center, at a cost not to exceed $450,000; and, (3) approve
a budget amendment to transfer funds in the amount of$419,734 from the
Collier County Solid Waste Management Fund (474), Solid Waste Capital
Projects, Project #70013, Santa Barbara Recycling Center to the EMS Fund
350. (Dan Rodriguez, Solid Waste Director)
Motion to deny - Approved 4/1 (Commissioner Halas opposed)
Moved from Item #16A5 (Per Commissioner Henning during Agenda Changes)
E. Request approval by the Board of County Commissioners of the change in
the scheduled meetings for the 2007-2008 Growth Management Plan
Amendment Cycle.
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October 27, 2009
GMP Cycle dates: January 19th 9 a.m. - 3 p.m. and reconvene at 5:05
p.m. for the Golden Gate CP's; July 28th GMP Adoption Hearing Date -
Consensus
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 2:00 p.m. Recommendation that the Board adopts
the attached standard form Lease and Ground Lease for all future leases with
Not-For-Profit Entities, and to direct staff to review each of the County's
Not-For-Profit Leases and, where appropriate, offer the Lessees the
opportunity to convert their current lease to the standard form, subject to
Board approval.
Approved - 5/0
B. This item to be heard immediately followinl! Item #12A. Report to the
Board with respect to the Naples Zoo Lease, with a discussion on whether
the Board wishes to reduce or eliminate the rent.
Motion to Approve the New Lease format for the Zoo and have the
County Attorney to contact the Naples Zoo regarding the New Lease -
Approved 3/2 (Commissioner Coletta and Commissioner Halas opposed)
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager - Potential interest in a Foreclosure Workshop -
Consensus
B. Commissioner Henning - Update on Mr. Mudd
C. Commissioner Henning - Collier Citizen Article regarding public
speaker on Agenda Items
D. Commissioner Coletta - Chairman to allow for late coming public
speakers during the GMP Hearing on the evening of the 19th of January
E. Commissioner Coyle - Winter Visitor's and red light running violations
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October 27, 2009
F. Commissioner Halas - Private Group getting the County involved in the
planning for the proposed project involving the Cubs
G. Commissioner Coyle - Sunshine Law violations & Advisory Board
Members
H. Commissioner Fiala - Tourists & Winter Residents making them feel
welcome
I. Commissioner Fiala - Direction for Ian Mitchell and the County
Attorney to create guidelines and procedures for Proclamations
J. Motion to Adjourn - Approved 5/0
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Recommendation to approve final acceptance of the water utility
facility for Turner Water Main.
With release of any Utilities Performance Security (UPS)
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 105 with
the roadway and drainage improvements being privately maintained.
Resolution 2009-249 w/release of the maintenance security
3) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 106 with
the roadway and drainage improvements being privately maintained.
Resolution 2009-250 w/release of the maintenance security
4) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Mediterra Parcel 118, with
the roadway and drainage improvements being privately maintained.
Resolution 2009-251 w/release of the maintenance security
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October 27,2009
Moved to Item #10E (Per Commissioner Henning during Agenda Changes)
5) Request approval by the Board of County Commissioners of the
change in the scheduled meetings for the 2007-2008 Growth
Management Plan Amendment Cycle.
6) Recommendation to approve the Release and Satisfactions of Lien for
payments received for the following Code Enforcement actions.
With a recording cost of $10.00 per release, totaling $130.00
7) Recommendation to approve 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.
The remaining $47,319.19 in fines is to be waived under this
agreement
8) Recommendation that the Board of County Commissioners approves
the proposal by staff to develop and advertise for Board consideration
an ordinance adopting the Florida Building Code 2007 Edition, and
pursuant to the authority granted by section 553.80(3), Florida
Statutes, adding certain exemptions to permitting requirements
pursuant to Section 105.2 of the 2007 Florida Building Code relating
to addition, alterations, or repairs performed by a property owner on
his or her property, and providing for repeal of Ordinance No. 2002-
Olin its entirety.
9) Recommendation that the Board of County Commissioners approves
the proposal by staff to develop and advertise for Board consideration
an amendment to Ordinance No. 82-3, as codified in Section 14-2 of
the Collier County Code of Laws and Ordinances, to remove the
prohibition against the possession, sale, importation or release (into
County waters) of Tilapia.
Due to Tilapia currently existing in bodies of water throughout
the County
10) Request that the Board of County Commissioners (Board) approve the
waiver of the applicable time constraints and fees for a Temporary
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October 27,2009
Use (TU) permit for the placement of temporary banners and on-
site/off-site directional signs to announce the location of
immunization centers in response to the federally declared pandemic
(HINl Virus) as a national public health emergency.
Displayed from November 1 through December 31 of this year at
the North Collier Regional Park and the soon to be vacated K-
Mart in the Freedom Square Plaza
B. TRANSPORTATION SERVICES
1) Recommendation to approve an Agreement for the conveyance of
right-of-way and other easement parcels necessary for the
construction of Oil Well Road (Fiscal Impact: $2,146).
Required for construction of segment 4, from Oil Well Grade
Road to Camp Keais Road
2) Recommendation to terminate the contract awarded to Big Tree, Inc.,
for Bid #09-5194 Collier County Right-of-Way (ROW) and Median
Mowing and Maintenance Annual Contract in the amount of
$124,240.00.
Due to a request by Big Tree Inc. to terminate the contract,
resulting in a 3 month suspension from Collier County bids
3) Recommendation to approve the purchase of a fee simple road right-
of-way parcel and a temporary construction easement which are
required for construction of the Collier Boulevard widening project.
Project No. 68056 (Fiscal Impact: $32,250.00)
Located at the northwest corner of Collier Blvd. and 7th Ave SW
in Golden Gate Estates
4) Recommendation to approve a Third Amendment to the October 14,
2003, Companion Agreement to the October 22, 2002, Sabal Bay
Development Contribution Agreement for Road Impact Fee Credits
providing for a change in land conveyance means for portions of the
Lely Area Stormwater Improvement Project (Project No. 51101).
Resulting in a $33,000 savings for the County
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October 27, 2009
5) Recommendation to approve the payment of attorney fees and expert
witness fees incurred by Dr. Gerald and Mrs. Rosemary Brown in
defense of the taking of a portion of their property for the Collier
Boulevard six-Ianing project (from Green Boulevard to Golden Gate
Boulevard). Project No. 68058, Parcel Nos. 170FEE and 170TCE
(Fiscal Impact: $22,879.25.)
To construct a linear stormwater detention and treatment swale
along the west side of Collier Blvd
6) Recommendation to approve a Temporary Right of Entry to construct
a connecting sidewalk for a bus shelter on a .004 acre portion ofland
along the existing right of way on U.S. 41 at the Waterside Shops on
Pine Ridge Road. Project No. 60083 (Fiscal Impact: $0)
To be paid for with FT A grant funds and in accordance with ADA
requirements
7) Recommendation to approve a work order in the amount of
$269,010.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) under
contract #06-3969 Fixed Term Professional Engineering Services
utilizing the Best Value Offer (BVO #06-3969-9) for design and
permitting of the Lely Area Stormwater Improvement Project
(LASIP) Naples Manor Ditch and US 41 Ditch Design (Project No.
51101).
The scope of work is based on the following: surveying, field Crew
work, utility coordination/structures and bidding assistance with
all work completed within 3 years
8) Recommendation to approve amendments to the Staff Services
Agreement by and between the Collier Metropolitan Planning
Organization (MPO) Board and the Collier County Board of County
Commissioners and to authorize the chairman to sign the amended
agreement.
9) Recommendation to approve the payment of attorney fees and expert
witness fees incurred by Tania Cantin and Miguel Del Pozo in defense
of the taking of a portion of their property for the Collier Boulevard
six-laning project (from Green Boulevard to Golden Gate Boulevard).
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October 27, 2009
Project No. 68056, Parcel Nos. 161FEE and 161TCE (Fiscal Impact:
$4,980)
These fees were not mentioned in the original proposed agreement
C. PUBLIC UTILITIES
1) 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 1993,
1994, 1995 and 1996 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $68.50 to record the
Satisfactions of Liens.
Resolution 2009-252
2) 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 #63000160000
3) Recommendation to approve Agreement No. 4600001904 with the
South Florida Water Management District for the Continued
Collection of Surface Water Quality Samples in Collier County in the
Amount of$210,000.
Allowing the monitoring program to continue for 3 more years
within the Big Cypress Basin
4) Recommendation to approve an amendment to the Florida Innovative
Waste Reduction and Recycling Grant Agreement IG8-09, the Collier
County Seasonal and Year Round Business "How to Recycle" Videos
Grant, from the Florida Department of Environmental Protection to
provide portable recycling containers.
The total project cost does not change
D. PUBLIC SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement
providing for a $111,802.00 Housing and Urban Development (HUD)
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October 27,2009
grant to the City of Naples for improvements to the River Park
Community Center.
Located at 30111th Street North
2) Recommendation to approve an Access Easement Agreement with
Caribbean Venture of Naples, LLC extending an existing easement
over county property to construct a dual purpose public access road
extending from an existing easement to the proposed county park and
private development for a total revenue of $1 ,480.00.
CVN to maintain the roadway at no cost to the County
3) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, twelve (12) lien agreements for
deferral of 1000/0 of Collier County impact fees for owner occupied
affordable housing dwelling units located in Collier County.
Deferring $248,073.99 in impact fees for property located within
Liberty Landing, Naples Manor Lakes and Trail Ridge
developments
4) Recommendation to approve the FY 10 contract between Collier
County and the State of Florida Department of Health for operation of
the Collier County Health Department in the amount of $1,720,100.
Effective October 1, 2009 through September 30,2010
5) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement with St.
Matthews House, Inc. providing for a $110,424 Housing and Urban
Development (HUD) Continuum of Care (CoC) grant to support
Wolfe Apartments.
For the operation of a 46-unit transitional housing facility located
at 4630 16th Place SW
6) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a subrecipient agreement with the
Shelter for Abused Women & Children (SA WCC) providing for a
$113,000 Housing and Urban Development (HUD) Continuum of
Care (CoC) grant to aid with their day to day operations and
supportive services of SA WCC.
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October 27,2009
To support day to day operations and supportive services
7) Present to the Board of County Commissioners a summary of the
Impact Fee Deferral Agreements recommended for approval in FYI 0,
including the total number of Agreements approved, the total dollar
amount deferred and the balance remaining for additional deferrals in
FYI0.
8) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, the amended Neighborhood
Stabilization Program Administrative Plan. The amended plan
modifies certain policies and procedures to improve grant
performance and incorporates changes enacted by the U. S.
Department of Housing and Urban Development.
As detailed in the Executive Summary
9) Recommendation to approve and authorize the Chairman to sign the
agreement between Collier County Board of County Commissioners
and the Area Agency on Aging of Southwest Florida, Inc. and
approve budget amendments to reflect an overall increase of $1 00,416
in the Older Americans Act program.
Contract OAA 203.09 - Amendment #002
10) Recommendation to accept the Safe Havens: Supervised Visitation
and Safe Exchange Grant in the amount of$350,000 between Collier
County Board of County Commissioners and the United States
Department of Justice, Office on Violence Against Women and
approve the necessary budget amendment to recognize the revenue.
For the period of September 1, 2009 through August 30, 2012
11) Recommendation that the Board of County Commissioners approves a
Real Estate Conveyance Agreement between Collier County and the
David Lawrence Mental Health Center, Inc., to convey a portion of
County owned land located at 425 1 st Street North, Immokalee, at no
cost to the David Lawrence Center.
A total cost of $27.00 for recording the Statutory Deed
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October 27,2009
12) Recommendation that the Board of County Commissioners approves,
and authorizes the Chairman to sign, a contract amendment for a
Disaster Recovery Initiative (DRI) Subrecipient Agreement between
the Housing Development Corporation of Southwest Florida Inc.
(f.k.a. Collier County Housing Development Corporation) and Collier
County. This contract amendment will update the current project work
schedule and add a previously approved item to the project's budget.
With no change to the funding amount
13) Recommendation to approve Change Order #3 to Contract #09-5114,
Naples Station Museum Phase III to White General Constructors, Inc.,
in the amount of $129,820 to complete historical restoration and
renovation of the Naples Depot Museum.
Due to the age of the building, several unanticipated problems
were discovered with the original foundation, exterior walls and
collapsing structural supports
Withdrawn (Per Agenda Change Sheet)
14) Recommend approval of the award ofRFP #09-5247 and agreement
between Collier County and Recreation Facilities of America, Inc., for
Food & Beach Concessions at Tigertail Beach.
15) Present to the Board of County Commissioners changes to grant
funded, owner-occupied affordable housing programs administered by
the Housing and Human Services Department. These changes will
modify program documents, expand eligibility criteria and amend
program procedures.
Providing a consumer credit report at a cost of $10.00 per
applicant as detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES
1) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a contract with the Southwest
Florida Workforce Development Board, Inc. to allow the
reimbursement of training expenses through the Employed Worker
Training Program in an amount not to exceed $54,550 and approves
the necessary Budget Amendment for the Public Utilities Division.
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October 27,2009
For training costs in the areas of operator certification, proper
treatment processes, repair and proper maintenance of equipment
and techniques for public safety
2) Recommendation that the Board of County Commissioners approve
and execute an Agreement to provide the All Kids Play Foundation of
Corkscrew Community Inc., a Florida non-profit organization, a
maximum expenditure of $5,000.00 from the GAC Land Trust for the
reimbursement of Site Development expenses that arose during the
construction of the Boundless Playground located at Big Corkscrew
Elementary School and approve necessary Budget Amendment.
Waiving the requirement that the facilities be located in Golden
Gate Estates
3) Recommendation to approve budget amendments to appropriate funds
carried forward from FY 2009 for the completion of Information
Technology purchases in the amount of$82,741.50.
To complete open purchase orders
4) Recommendation to approve a Resolution revising the Board of
County Commissioners Policy for Operation of Lake Trafford
Memorial Gardens, by adding a Cremation Policy for unclaimed and
indigent deceased in Collier County.
Resolution 2009-253
5) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign a Subrecipient Agreement with
the Children's Museum of Naples providing American Recovery and
Reinvestment Act (ARRA) Energy Efficiency and Conservation
Block Grant (EECBG) funding in the amount of$250,000 for energy
savings and renewable energy projects.
The 4 projects selected are: Green Roof System, Rainwater
Harvesting System, Solar Hot Water Panels and PV Panels and
Wind Turbines at North Collier Regional Park
6) Recommendation to rescind the award of Bid #09-5170 "Purchase and
Deliver Chemicals for Public Utilities" to Key Chemical Inc. and
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October 27, 2009
King Lee Chemicals Inc. due to the companies' inability to fulfill
required contractual Pollution Liability Insurance requirements.
F. COUNTY MANAGER
1) Approve budget amendments.
BA #10-012 for Isles of Capri Fire and BA #10-018 for the
Confiscated Trust Fund
2) Recommendation for the Board of County Commissioners to approve
and authorize the Chairman to sign an Agreement between Collier
County and the Florida Division of Emergency Management
accepting a Grant award for $105,806 for Emergency Management
Program Enhancement and approve the associated budget amendment.
Agreement #10-BG-25-09-21-01
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009-2010 Adopted Budget.
Resolution 2009-254 (BA #10-023 and BA #10-021)
4) Recommendation to approve a Memorandum of Agreement between
Collier County and the Collier County Health Department to
coordinate their collective efforts in providing adult and childhood
HI Nl immunizations, medical direction and enhancement of
community emergency response capabilities.
To establish immunization protocols and all rules to govern
paramedic practices related to the administration of
immunizations
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (3248 Bayshore
Drive).
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October 27, 2009
Repaving the parking lot and installing hurricane windows in
order to upgrade the building
2) To approve and execute a Commercial Building Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (1695
Commercial Drive).
For the installation of an exterior sign for Adrenaline
Motorsports of Naples
3) To approve and execute a Landscape Improvement Grant
Agreement(s) between the Collier County Community
Redevelopment Agency and a Grant Applicant(s) within the Bayshore
Gateway Triangle Community Redevelopment area (2957 Orange
Street).
To upgrade the front yard and back yard along the canal on a
privately owned residential property
4) Recommendation that the Bayshore Gateway Triangle Community
Redevelopment Agency (CRA) approve the submittal of the attached
Pre-Disaster Mitigation grant application to the Federal Emergency
Management Agency for a project to improve stormwater drainage
along Shadowlawn Drive and Francis Avenue; to authorize the CRA
Executive Director, or his designee, to electronically submit the grant
application requesting an amount of $305,906.25 to the Federal
Emergency Management Agency.
Due to the area lacking a suitable drainage system and restricted
outfalls that prevent flooding
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Council for Hispanic Business Professionals Gala
Hispanos Unidos on October 24, 2009 at the Naples Beach Club in
Naples, FL. $75.00 to be paid from Commissioner Fiala's travel
budget.
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October 27, 2009
Located at 851 Gulf Shore Blvd
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Military Officers Association Dinner on October 17,
2009 at the Royal Palm Country Club in Naples, FL. $28.00 to be paid
from Commissioner Fiala's travel budget.
Located at 8060 Grand Lely Blvd
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the National Society Daughters of the American
Revolution Fundraiser on November 20, 2009 at the Country Club of
Naples in Naples, FL. $25.00 to be paid from Commissioner Fiala's
travel budget.
Located at 185 Burning Tree Drive
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Seacrest Key Club Induction of Charter Members on
October 14, 2009 at Seacrest Country Day School in Naples, FL.
$10.00 to be paid from Commissioner Fiala's travel budget.
Held in the school's Art Center
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will attend the Shells Club of Naples Business Meeting on November
5, 2009 at the Players Club and Spa in Naples, FL. $21.00 to be paid
from Commissioner Fiala's travel budget.
Located at 8060 Grand Lely Drive
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
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October 27,2009
1) To obtain board approval for disbursements for the period of October
5,2009 through October 9,2009 and for submission into the official
records of the board.
2) Recommendation that the Collier County Board of County
Commissioners approves a budget amendment for $1,520.89 and
recognizes interest earned in Supervisor of Elections Voter Education
grant.
From federal HA V A funds for voter education and outreach
activities
3) Pursuant to Florida Statute 318 .18( 13 )(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 318.18(13)(a)(1) with the Board of
County Commissioners.
Total revenue collected: $187,332.30
4) To obtain board approval for disbursements for the period of October
12,2009 through October 19,2009 and for submission into the
official records of the board.
5) Recommendation that the Board of County Commissioners adopts and
supports the attached position paper as part of Collier County's 2010
State Legislative Priorities as requested by the Supervisor of
Elections.
Extending the required purchase of new ADA voting units for the
2012 election cycle until 2016
K. COUNTY ATTORNEY
1) Recommendation that the Board of County Commissioners Approve
an Agreed Order Awarding Expert Fees for Parcel 125 in the
condemnation action styled Collier County v. Robert J. Derr, et aI.,
Case No. 03-2196-CA, Golden Gate Parkway Project No. 60027.
(Fiscal Impact: $6,942.50).
To cover appraisal, planning and landscape architect fees
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October 27, 2009
2) Recommendation to approve a Stipulated Final Judgment in the
amount of$10,700 for Parcel 168 in the lawsuit styled Collier County
v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate
Parkway Project #60027). (Fiscal Impact $9,507.80)
Costs associated with condemnation of a .071 acre parcel for a
perpetual non-exclusive road right-of-way, drainage and utility
easement
3) Recommendation to approve a Stipulated Final Judgment in the
amount of $9,545 for Parcel 172 in the lawsuit styled Collier County
v. Beverly J. Gatti, et aI., Case No. 03-2551-CA (Golden Gate
Parkway Project #60027). (Fiscal Impact $6,781.25)
Costs associated with condemnation of a .080 acre parcel for a
road right-of-way, drainage and utility easement
4) Recommendation to approve a Stipulated Final Judgment in the
amount of$98,865.00 for Parcels 110FEE/TCE1/TCE2/DE in the
lawsuit styled Collier County v. Robbie L. Rayburn, et. aI., Case No.
07-4268-CA (Santa Barbara Boulevard Extension Project #60091)
(Fiscal Impact $48,810.45).
Costs associated with condemnation of a .466 acre parcel for the
construction of a road and drainage canal
5) Recommendation that the Board of County Commissioners Approve
the Proposed Joint Motion for Agreed Order Taxing Attorneys Fees
and Costs for Parcels 737R, 937R, 738R, 838, 938R, 746R, and 946R
in the condemnation action styled Collier County v. Chris A.
Stoneburner and Joseph D. Bonness III, as Trustees of the Willow
Run Land Trust, et aI., Case No. 05-1 036-CA, South County Regional
Water Treatment Plant (SCRWTP) 20 MGD Well field Expansion
Project #70892 (Fiscal Impact: $45,000).
For attorney fees and costs associated with the project
6) Request by staff for authorization to advertise and bring back for the
Boards 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
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October 27, 2009
include provisions concerning the immobilization of vehicles
(booting) on private property and to further clarify language in the
ordinance.
To amend Ordinance 2008-47 (the "Towing Ordinance")
7) Report to the Collier County Board of County Commissioners
regarding the legal effect and application of Florida Statute
212.055(8) (Senate Bill No. 1000, the Emergency Fire Rescue
Services and Facilities Surtax).
If implemented it would allow a surtax to be levied in place of ad
valorem millage to fund emergency fire rescue services
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDA TION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDA TION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item was continued from the October 13~ 2009 BCC meetinl!. This
item requires that ex parte disclosure be provided bv Commission
Members. Should a hearinl! be held on this item~ all participants are
required to be sworn in. Recommendation to approve Petition V AC-
PL2009-651, to disclaim, renounce and vacate the County's and the Public's
interest in a drainage easement over Tract C02, as designated, and according
to the Plat thereof known as Silver Lakes, Phase Two-F, a subdivision as
recorded in Plat Book 33, Pages 37 & 38 of the Public Records of Collier
County, Florida, situated in Section 10 & 15, Township 51 South, Range 26
East, Collier County, Florida, and being more specifically described in
Exhibit A.
Resolution 2009-255
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October 27,2009
Continued to November 10,2009 Meeting (Per Agenda Change Sheet)
B. Recommendation that the Board of County Commissioners adopts an
Ordinance amending Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) by
providing for the incorporation, by reference, of the impact fee study entitled
Collier County Trip Characteristics Study Mine Land Use, amending
Schedule One of Appendix A to reflect the new Mine land use category and
impact fee rate and providing for a delayed effective date of February 1,
2010 in accordance with the notice period requirements of Section
163.31801(3)(d) Florida Statutes; this action is in follow-up to the direction
provided by the Board of County Commissioners on June 23, 2009.
C. This item requires that all participants be sworn in and ex parte
disclosure be provided bv Commission members: PE-PL2009-260:
Collier County Airport Authority represented by D. Wayne Arnold ofQ.
Grady Minor and Associates, P.A., is requesting a Parking Exemption
pursuant to the Collier County Land Development Section 4.05.02.K.3. The
parking exemption seeks approval to allow construction of a new parking lot
within the residential PUD known as the Marco Shores PUD to serve
employees and patrons of the Marco Island Executive Airport. Subject
property is located on a 1 acre tract within Section 26, Township 51 South,
Range 26 East, Collier County, Florida. (CTS)
Resolution 2009-256
D. This item was continued from the September 29~ 2009 BCC meetinl!. To
adopt revisions to the Land Development Code (Ordinance No. 04-41) to
correct a scriveners error relating to temporary signs, to complete the recent
revisions to the Collier County Sign Code (Ordinance No. 09-43) adopted by
the Board of County Commissioners at a public hearing on July 28, 2009.
Ordinance 2009-55
E. Recommendation that the Board of County Commissioners adopt an
Ordinance to amend Ordinance No. 2004-50, the Collier County Non-
Residential Recycling Ordinance.
Ordinance 2009-56
18. ADJOURN - Motion to adjourn - Approved 5/0
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October 27,2009
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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October 27,2009