Recap 12/15/2009 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
and
COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB)
AGENDA
December 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 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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December 15, 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 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. November 3,2009 - BCC/AUIR Meeting
Approved as presented - 5/0
C. November 10, 2009 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
20 Year Attendees
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December 15, 2009
A. George Yilmaz, Wastewater
Presented
4. PROCLAMATIONS
A. Proclamation congratulating the Collier County Public Utilities Division's
Water Department for the receipt ofWateReuse Award of Merit. To be
accepted by Paul Mattausch, Water Department Director.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation on building more disaster resistant community by Jeff Johnson,
Executive Director of Retrofit Southwest Florida, Inc.
Presented; Motion for staff to prepare a proclamation and direct staff to
look into using Housing funding to assist with program _ Approved 5/0
B. Presentation of National Association of Counties (NaCO) Achievement
Award to the Collier County Code Enforcement Department for their Blight
Prevention Program.
Presented
C. Presentation of the posthumous Advisory Committee Outstanding Member
Award for the month of November 2009 to Charlie Abbott. To be accepted
by Mrs. Linda Abbott.
Presented
D. BCBE Construction Co., Inc. presentation on Goodland Boat Park Project.
Presented
6. PUBLIC PETITIONS
A. Public petition request by Patrick White to discuss GMP A CP-2008-3, for
Naples Christian Academy and Goodwill Industries.
Discussed; Motion to move item to the Immokalee Area Master Plan
Cycle and petitioner to pay for any additional advertising costs _
Approved 4/1 (Commissioner Halas opposed)
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December 15, 2009
B. Public petition request by Roberto Millet to discuss permit for car wash on
property located at 4990 Golden Gate Parkway.
Discussed; Motion to approve a temporary use permit for the site and
review in 1 year - Approved 4/1 (Commissioner Halas opposed)
C. Public petition request by Jean Benoit to discuss paving of S.E. 30th Avenue
on Everglades Boulevard.
Discussed
D. Public petition request by Ervin Garriga to discuss paving of S.E. 30th
Avenue on Everglades Boulevard.
1) Discussed
Item 7 and 8 to he heard no sooner than 1:00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. Recommendation to adopt 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 CoIlier County Trip Characteristics Study Mine
Land Use, amending Schedule One of Appendix A to reflect the new
Mine/Commercial Excavation land use category and impact fee rate and
providing for a delayed effective date of March 16,2010 in accordance with
the notice period requirements of Section 163.3 I 80 I (3)( d) Florida Statutes;
this action is in furtherance to the direction provided by the Board of County
Commissioners on June 23, 2009.
Ordinance 2009-71: Motion to approve staff's recommendations for
impact fee with no maintenance fee - Adopted 5/0
B. This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. County Attorney report
on the Town Market property located at 7770 Preserve Lane in the Olde
Cypress PUD and whether the U-Haul business operated at the site is
comparable in nature to other C-3 uses allowed in the PUD and whether
there is sufficient parking to accommodate this use.
Motion to continue this item to a future BCC Meeting _ Approved 5/0
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December 15, 2009
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2009- 303: Re-appointing James J. Gault and Kirk P. Colvin
- Adopted 4/0 (Commissioner Coletta absent)
B. Appointment of members to the Development Services Advisory
Committee.
Resolution 2009-304: Re-appointing James E. Boughton (term expiring
December 14, 2013); Appointing Ray Allain (term expiring December
14,2011), Henry Reagan (term expiring December 14, 2011) and David
Hurst (term expiring December 14,2013) - Adopted 4/0 (Commissioner
Coletta absent)
C. To discuss Section 8 of the CoIlier County Ethics Ordinance No. 2004-5
regarding Collier County Post-Employment Restrictions. Due to the existing
economic climate, consider either temporary suspension of Section 8 of the
Ordinance for a defined period of time or consider permanent removal of
Section 8. For review of the full Ordinance please go to
http://apps.collierclerk.comlBMR/ docview .aspx?id= I 497 6 (Commissioner
Henning)
Motion directing the County Attorney's Office to bring back an
amendment to the Ethics Ordinance - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to establish the schedule of impact fee update studies for
Calendar Year 20 lOin accordance with prior direction of the Board of
County Commissioners. (Amy Patterson, Impact Fee Manager)
Approved - 5/0
B. Recommendation to award a construction contract in the amount of
$34,977,999. I 8 to Mitchell & Stark Construction Corporation and reserve
$4,207,000.00 on the purchase order for funding allowances, for a total of
$39,184,999.18 for Bid No. 09-5287 Oil Well Road Immokalee Road to
Camp Keais Road, Project No. 60044. (Norman Feder, Transportation
Services Administrator)
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December 15, 2009
Motion to approve item and for staff to work with the community to
settle their concerns. Staff to proceed with mediation for additional
easements and to bring back to the Board - Approved 5/0
C. Report to the Board detailing the status ofFY 2010 capital project funding.
(Mark Isackson, Corporate Financial and Management Services, County
Manager's Office.)
Motion to approve staff's recommendations, staff to work with Marco
Historical Society, pursue grant opportunities, advertise and to bring
item back at a future BCC Meeting - Approved 5/0
D. This item to be heard at 11 :30 a.m. Recommendation to adopt a resolution
authorizing the condemnation of a fee simple interest parcel and a temporary
construction easement parcel required for the construction of redesigned
improvements to the intersection of Collier and Davis Boulevards. (Collier
Boulevard Project No. 60092 and Davis Boulevard Project No 60073).
Estimated fiscal impact: $285,500. (Norman Feder, Transportation Services
Administrator)
Resolution 2009-305: Motion to approve Alternative #3 _ Adopted 4/0
(Commissioner Henning absent)
E. Award of Contract No. 10-5366 to Stevens and Layton Inc., for the Gateway
Triangle Area Drainage Improvements Project Phase 2, Project #51803 in
the total amount of $2,694,473.35 plus a ten (10%) contingency totaling
$2,963,920.69, and approve necessary budget amendment of$350,000.
(Norman Feder, Transportation Services Administrator)
Approved - 4/0 (Commissioner Coletta absent)
F. This item to be heard at 2:30 p.m. Recommendation to approve actions
required to complete the development of a comprehensive management plan
for the Clam Bay Estuary. (Gary McAlpin, Coastal Zone Management
Director)
Motion to approve staff's recommendation #1, #3 & #4 revising #2-
Approved 4/1 (Commissioner Henning opposed)
Moved from Item #16D6 (Per Agenda Change Sheet)
G. Recommendation to authorize Disaster Recovery Initiative awards in excess
of fifty-thousand dollars and authorize the Purchasing Director to issue
purchase orders in excess of fifty-thousand dollars, for site preparation
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December 15, 2009
activities required to replace homes severely damaged by Hurricane Wilma.
These activities will benefit three (3) income-qualified households in Collier
County. (Fiscal impact $178,142.75)
Conditional Approval and staff to remit cost report - Approved 4/0
(Commissioner Coletta absent
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant
to Section 286.01 1(8), Fla. Stat., the County Attorney desires advice from
the Board of County Commissioners in closed attorney-client session on
TUESDAY, DECEMBER 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 Leo Ochs, 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. 09-3 I 64-CA, both which are
now pending in the Twentieth Judicial Circuit in and for Collier County,
Florida.
Closed Session
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.
Motion for the County Attorney to diligently defend the Lot Line issue
and to dismiss the appeal - Approved 5/0
Moved from Item #16K4 (Per Agenda Change Sheet)
C. Recommendation to authorize the County Attorney to advertise and bring
back for Board consideration an Ordinance establishing the Habitat
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December 15, 2009
Conservation Plan Advisory Committee to assist the Board of County
Commissioners in determining the feasibility of developing and
implementing a Habitat Conservation Plan to protect red-cockaded
woodpeckers in the North Belle Meade Overlay area.
Motion to continue this item to a future BCC Meeting _ Approved 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. A Resolution of the Board of County Commissioners of CoIlier County,
Florida, sunsetting the Immokalee Master Plan and Visioning Committee,
and recognizing and memorializing the automatic repeal of Ordinance No.
04-62, as Amended.
Resolution 2009-306 Adopted 4/0 (Commissioner Coletta absent)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs - Letter from Larry Ray regarding dot com lawsuit
B. Mr. Ochs - Letter from Seminole Tribe regarding Gaming Compact
C. Commissioner Henning - Staff communication regarding PUD
Monitoring; County Manager to bring back a Monitoring Report and
Department Expense Report
D. Commissioner Henning - Discussion regarding Baseball Team
E. Motion to Adjourn - Approved 4/0 (Commissioner Coletta absent)
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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 ofthe Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and or Adopted w/changes _ 5/0
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
Moved to Item #17D (Per Agenda Change Sheet)
1) This item re uires that all artici ants be sworn in and ex arte
disclosure be provided bv Commission members. Recommendation
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December 15, 2009
to authorize the Chairman to sign a Resolution of the CoIlier County
Board of County Commissioners designating 7,414.0 Acres in the
Rural Lands Stewardship Area Zoning Overlay District as a
Stewardship Sending Area with a designation as BCI/BCP/SI SSA 13
pursuant to the terms set forth in the Escrow Agreement, Stewardship
Sending Area Credit Agreement for BCIIBCP/SI SSA 13, and
Stewardship Easement Agreement for BCI/BCP/SI SSA 13;
approving a Stewardship Sending Area Credit Agreement for
BCIIBCP/SI SSA 13; approving a Stewardship Easement Agreement
for BCI/BCP/SI SSA 13; approving an Escrow Agreement for
BCI/BCP/SI SSA 13; and establishing the number of stewardship
credits generated by the designation of said Stewardship Sending
Area.
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat ofMediterra Parcel 110, with
the roadway and drainage improvements being privately maintained.
Resolution 2009-291 w/release of the maintenance security
3) Recommendation to direct the County Manager or his designee to
provide a refund in the amount of $ I ,052.28 for a portion of the
petition fee received for a recently withdrawn 2007-2008 Cycle
Growth Management Plan Amendment petition.
Petition #CP-2007-02; Immokalee Road/Oil Well Road
Commercial Subdistrict
4) Recommendation to approve final acceptance of the water and sewer
utility facilities for Mediterra Maintenance Facility.
W/release of any Utilities Performance Security (UPS)
5) Recommendation to approve the request by the Economic
Development Council of CoIlier County to all ow Atomic Machine
and EDM, Inc. to participate in the Fast Track Program for the
building permit required for their tenant improvement at the Market
Center project.
Creating new jobs that offer benefit packages including health
and dental insurance
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December 15, 2009
6) Recommendation to develop and advertise for Board consideration an
amendment to Ordinance No. 2004-58, known as the Property
Maintenance Ordinance, and to bring back an amendment in
conjunction with removal of rental registration provisions.
In order to clarify the lien assessment process and removing the
rental registration program references
7) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Quail West Unit One,
Replat Block C Second Addition with the roadway and drainage
improvements being privately maintained.
Resolution 2009-292 w/release of the maintenance security
8) Request to approve the proposed Letter of Understanding that
delineates Growth Management Plan (GMP) major issues that will be
addressed in the County's Evaluation and Appraisal Report (EAR) as
required by Section 163.3 191 of the Florida Statutes and direct the
County Manager or his designee to enter into a formal agreement with
the Florida Department of Community Affairs (DCA).
In order to help the process run more smoothly
B. TRANSPORTATION SERVICES
1) Recommendation to recognize FY 2009/2010 Federal Transit
Administration Section 53 I I additional revenue in the amount of
$301,817.00 to Collier Area Transit Fund (426) and authorize all
necessary budget amendments.
To offset operations of the Immokalee Circulator
2) Recommendation to recognize FY 2009-20 I 0 State Public Transit
Block Grant additional revenue in the amount of $8,876.00 to Collier
Area Transit Fund (426) and authorize all necessary budget
amendments.
Funds applied to CAT operating costs
3) Recommendation that the Board of County Commissioners approves a
Resolution authorizing the execution and submittal ofthe Federal
Transit Administration Section 5310 FY20 10/20 I I grant application
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December 15, 2009
and applicable document and to accept the grant if awarded.
Resolution 2009-293
4) Recommendation that the Board of County Commissioners approves a
Resolution authorizing the execution and submittal of the Federal
Transit Administration Section 53 I I FY20l 0/20 I I grant application
and applicable document and to accept the grant if awarded.
Resolution 2009-294
5) Recommendation to approve the purchase of a Perpetual, Non-
exclusive Road Right-of-Way, Drainage and Utility Easement which
is required for the construction of the proposed four-laning
improvements to Golden Gate Boulevard from just west of Wilson
Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal
Impact: $3,100.00).
Folio #39324000003/Parcel #261
6) Recommendation to approve the purchase of a Perpetual, Non-
exclusive Road Right-of-Way, Drainage and Utility Easement which
is required for the construction of the proposed four-laning
improvements to Golden Gate Boulevard from just west of Wilson
Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal
Impact: $2,122.00).
Folio #40685120006/Parcel #421
7) Recommendation to approve an Amendment to Agreement aIlowing
former owners of a property purchased by Collier County for the
Vanderbilt Beach Road Extension Project (Parcel 133) the option to
further extend their post-closing occupancy of the property for an
additional three month period. Project No. 60 I 68 (Fiscal Impact:
Revenue in the amount of$4,500 will be credited to the gas tax and/or
impact fee accounts).
Folio #36865060000, located at 780 27th Street NW
8) Recommendation to approve a Purchase Order for payment of
invoices totaling $52,206, submitted by Precision Contracting
Services, Inc. for Traffic Operations Ethernet Conversion performed
in FY 07/08 with reimbursement from the Florida Department of
Transportation.
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December 15, 2009
PCS Invoices: 077295-6734,077295-6735, 077295-6736, 077295-
6737, 077295-6738, 077295-6739 and 077295-6740
9) Recommendation to award ITB #09-53 I 0 Motorola Central Control
Irrigation Supplies & Services to Ag- Tronix Inc. for an estimated
annual amount of$65,000.
For the purchase and replacement of controllers and spare parts
10) Recommendation to ratify an emergency purchase order previously
approved by the County Manager for electrical services under annual
contract #07-4083, On-Call Electrical Repairs and New Installation to
E. B. Simmonds Electrical Inc., Naples, FL, in the amount of
$ 127,760.90.
In order to complete the outstanding signalization work at the
intersection of Vanderbilt Drive and Wiggins Pass Road
C. PUBLIC UTILITIES
1) Recommendation to approve Amendment No. I to South Florida
Water Management District Agreement No. OT06I098 to monitor
ground water in Collier County. (Estimated Revenue $ I 16,000
annually.)
The County will receive payments up to $116,000 in FYI0 with
two I-year options to renew
2) Recommendation to adopt a Resolution to approve the Satisfactions of
Lien for Solid Waste residential accounts wherein the County has
received payment and said Liens are satisfied in full for the 1994,
1995, and 1996 Solid Waste Collection and Disposal Services Special
Assessment. Fiscal impact is $48.00 to record the Satisfactions of
Lien.
Resolution 2009-295
3) Recommendation to approve and authorize the Chairman to sign a
Pre-award Cost Request Form requesting a pre-award credit of
$ I 2 I ,290.99 in staff time and emergency repair expenditures as an
update to the grant application to the Florida Department of
Community Affairs for the Hazard Mitigation Grant Program for up to
$320,000 to construct a six-inch High Density Polyethylene leachate
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December 15, 2009
pipe at the Collier County Landfill.
For damage caused by Tropical Storm Fay
4) Recommendation to award RFP #09-5201, an annual contract for
Underground Utilities Supplies to Ferguson Waterworks, Inc.
Supplies needed for planned and emergency maintenance and
repairs by the Public Utilities Division
D. PUBLIC SERVICES
1) Recommendation to approve and authorize the Chairman to sign an
agreement with Collier Health Services (CHS), and an agreement with
the Agency for Health Care Administration (AHCA) to participate in
the Low Income Pool Program. Participation in this program will
require the County to send $207,127 to AHCA, which will generate
an additional $432,944 in Federal matching funds to be paid directly
to Collier Health Services for medical services for the most medically
needy in Collier County. Collier Health Services will receive a total
distribution of $640,07 I from the State.
Funds have already been budgeted for this program
Continued to the January 12, 2010 BCC Meeting (Per Agenda Change Sheet)
2) Recommendation to approve the FY05 and FY06 Annual Reports to
the Florida Department of Highway Safety Motor Vehicles for the
Choose Life Specialty License plate.
3) Recommendation to provide after the fact approval for the submittal
of the 2010 Continuum of Care (CoC) Grant application to the U.S.
Department of Housing and Urban Development (HUD) for CoC
programs assisting and benefiting the homeless population in Collier
County.
To benefit the Collier County Hunger & Homeless Coalition, The
Shelter for Abused Women & Children and Saint Matthew's
House
4) Recommendation to approve and authorize the Chairman to sign an
agreement with the Collier County Child Advocacy Council, Inc.
(CCCAC) to provide for State mandated services identified under
Florida Statute 39.304(5). Fiscal impact of$70,000.
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December 15, 2009
#09-5292: Requiring the County to cover the initial cost of
examining an alleged abused, neglected, or abandoned child
5) Recommendation to approve and authorize the Chairman to sign an
agreement with the State of Florida, Department of Children and
Families accepting a Challenge Grant in the amount of$96,000; and
authorize the necessary budget amendments associated with this
action. The non-profit subrecipients: Saint Matthews House, The
Shelter for Abused Women and Children, National Alliance on
Mental Illness, The Collier County Hunger and Homeless Coalition
and Youth Haven, Inc.
Providing homeless assistance
Moved to Item #10G (Per Agenda Change Sheet)
6) Recommendation to authorize Disaster Recovery Initiative awards in
excess of fifty-thousand dollars and authorize the Purchasing Director
to issue purchase orders in excess of fifty-thousand dollars, for site
preparation activities required to replace homes severely damaged by
Hurricane Wilma. These activities will benefit three (3) income-
qualified households in Collier County. (Fiscal impact $178,142.75)
7) Recommendation to repeal Resolution No. 2007-190 and adopt the
attached revised Resolution No. 2009- that lists new fines and
fees for Collier County Public Library.
Resolution 2009-296
E. ADMINISTRATIVE SERVICES
Withdrawn (Per Agenda Change Sheet)
1) Recommendation to award ITB #09-5325 On-Call Electrical Repairs
and New Installation to AC Electric of SW Florida, Inc., Bentley
Electric Company of Naples, Fl, Inc., E. B. Simmond's Electrical Inc.,
Gulf States Electric, Inc., and Professional Highway Maintenance,
Inc. ($230,000)
2) Recommendation to approve the purchase of Group Health
Reinsurance coverage for calendar year 20 lOin the amount of
$1,018,777 which equates to a reduction of 19.9% over prior year's
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December 15, 2009
premIUm.
To cover average enrollment of 2,088 employees
3) Recommendation to authorize the on-line auction of Collier County
surplus property.
For a 30 day sale period ending no later than January 30, 2010
4) Recommendation to approve payment of $3,666.66 which is 2/I2ths
of the IRS allowable annual contribution amount, to the deferred
compensation account of former County Manager, James V. Mudd, in
accordance with his contract, to be processed January 2010.
5) Recommendation to approve an Agreement for Sale and Purchase
with Frank J. Fisiorek, Jr. and Kathleen E. Zielinski for I. 14 acres
under the Conservation Collier Land Acquisition Program at a cost
not to exceed $19,300.
Unit 65 located in Golden Gate Estates, part of the Winchester
Head Multi-parcel Project
6) Recommendation to award Bid No. 09-5323 On-Call Plumbing
Contractors to Shamrock Plumbing and Mechanical, Inc. as primary,
Precision Plumbing Services, Inc. as secondary, and Four Star
Plumbing Contractors, Inc. as tertiary at an estimated annual cost of
$210,000.
7) Recommendation to authorize an offering of the Voluntary Separation
Incentive Program pursuant to Collier County Ordinance No. 09- I 3
for two employees not previously notified of eligibility in July 2009.
Resolution 2009-297
8) Report and Ratify Staff-Approved Change Orders and Changes to
Work Orders to Board-Approved Contracts.
For the period of October 21, 2009 through November 20, 2009
9) Recommendation to approve an Agreement not to exceed $ 10,000
between the GAC Land Trust Committee and the Big Corkscrew
Island Fire Control and Rescue District for the purchase of the BullEx
Fire Extinguisher Training System.
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December 15, 2009
F. COUNTY MANAGER
1) Recommendation to approve a fiscal year 2010 budget amendment
establishing dedicated appropriations covering anticipated contractor
and administrative expenses associated with the Intersection Safety
Program. Fiscal Impact $841,000.
As detailed in the Executive Summary
2) Approve budget amendments.
BA #10-078 and BA #10-053
3) Recommendation to approve use of all interest earnings on Tourist
Tax Funds for destination advertising, marketing and promotion for a
period of three fiscal years and approve all necessary budget
amendments.
Interest earned between July 2009 and September 2009, totaling
$40,878.32
4) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2009- I 0 Adopted Budget.
Resolution 2009-298
5) Recommendation to adopt a Resolution #2009- and approve and
authorize the Chairman to sign a lease-purchase agreement and all
accompanying documents with Government Capital Corporation for
the replacement of one (I) ambulance for Emergency Medical
Services for five (5) annual payments of$4l,575.74 for a total of
$207,878.70.
Resolution 2009-299
G. AIRPORT AUTHORITY AND/OR COMMUNITY
REDEVELOPMENT AGENCY
1) To approve and execute 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 (2800 Davis
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December 15, 2009
Boulevard).
For installation of a sign for Maida's Precision Cut, Inc.
2) To approve and execute a Site Improvement Grant Agreement(s)
between the Collier County Community Redevelopment Agency and
a Grant Applicant(s) within the Bayshore Gateway Triangle
Community Redevelopment area (2445 A-B Thomasson Drive).
To replace the entire roof and mailbox
3) To approve and execute a Sweat Equity Grant Agreement(s) between
the Collier County Community Redevelopment Agency and a Grant
Applicant(s) within the Bayshore Gateway Triangle Community
Redevelopment area (2938 Cypress Street).
To improve the driveway and replace the mailbox and post
4) Recommendation that the Community Redevelopment Agency
approve an Event Policy and Procedures Manual to govern all event
activities for the Bayshore Gateway Triangle.
As detailed in the Executive Summary
5) Recommendation for the CRA to approve the sale and consumption of
alcoholic beverages (beer and wine) during the CRA Board approved
Bayshore Cultural Festival of the Arts event on January 23,2010 on
the CRA owned parcels.
Folios #61840960103 and #61840960006
6) Request that the Collier County Redevelopment Agency approve the
application and recipient agreement for the Immokalee Community
Redevelopment Agency (CRA) Commercial Facade Improvement
Grant Program for reimbursement of $20,000 for facade
improvements to Little Caesar's Pizza located at 525 North 15th
Street in Immokalee, Florida.
To demolish and reconfigure parking area, installation of brick
paver walkways, landscaping, electrical sign, and new windows,
doors and exterior painting
H. BOARD OF COUNTY COMMISSIONERS
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December 15, 2009
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on November
19,2009 at Hamilton Harbor in Naples, FL. $23.00 to be paid from
Commissioner Fiala's travel budget.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Area Chamber of Commerce Christmas
Gala on December 6, 2009 at the Old Marco Inn on Marco Island, FL.
$75.00 to be paid from Commissioner Fiala's travel budget.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Historical Society Holiday Luncheon on
December 8, 2009 at the First Baptist Church on Marco Island, FL.
$20.00 to be paid from Commissioner Fiala's travel budget.
Located at 1450 Winterberry Drive
4) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the EDC Pre-Legislative Luncheon on November 24,2009
at the Club at the Strand in Naples, Florida. $25.00 to be paid from
COmmissioner Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) MisceIlaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve the retum of funds for the 91 I
Microwave Circuits Grant, #S-08-07-3 I to the State of Florida on
behalf of the CoIlier County Sheriffs Office.
Funds are no longer able to be utilized for the original purpose
due to the time frame of the grant
2) To obtain board approval for disbursements for the period of
November 21,2009 through November 27,2009, and for submission
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December 15, 2009
into the official records of the Board.
3) To obtain board approval for disbursements for the period of
November 28,2009 through December 4,2009, and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Authorize the making of an Offer of Judgment to Respondent,
Platinum Coast Financial Corp., for Parcel No. 825 in the amount of
$79,250 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et
a!., Case No. 07-5038 (Lely Area Stormwater Improvement Project #
5 I 101. I) (Fiscal Impact $2 I ,350).
For a .69 acre parcel needed for an access drainage and
maintenance easement
2) Recommendation to authorize a Stipulated Final Judgment in the
amount of$375,000 for Parcels 104 and 604 in the lawsuit styled
Collier County, Florida v. Highland Properties of Lee and Collier,
Ltd., et a!., Case No. 06-0563-CA (Santa Barbara Boulevard Project
#62081) (Fiscal Impact $304,542).
For 3,523 square feet needed for road right-of-way and a
perpetual slope easement
3) Authorize an Offer of Judgment to Respondent, Luis Pineros, for
Parcel No. 204RDUE in the amount of $20,832 in the lawsuit styled
Collier County v. Joseph Noel, et a!., Case No. 07-3200-CA (Oil Well
Road Project # 60044) (Fiscal Impact $12,432).
For a .241 acre parcel needed for a road right-of-way, drainage
and utility easement
Moved to Item #12C (Per Agenda Change Sheet)
4) Recommendation to authorize the County Attorney to advertise and
bring back for Board consideration an Ordinance establishing the
Habitat Conservation Plan Advisory Committee to assist the Board of
County Commissioners in determining the feasibility of developing
and implementing a Habitat Conservation Plan to protect red-
cockaded woodpeckers in the North Belle Meade Overlay area.
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December 15, 2009
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. This item reauires that ex parte disclosure be provided bv Commission
members. Should a hearinl! be held on this item. all participants are
reauired to be Sworn in. Recommendation to approve Petition V AC-PL-
2009-1023, Nature Point Lot 8, to disclaim, renounce and vacate the
County's and the Public's interest in that portion of a 25-foot wide drainage
easement along the rear of Lot 8, Nature Point, as filed in Plat Book 20,
Pages 20-22 of the Public Records of Collier County, Florida, situated in
Section 35, Township 49 South, Range 25 East, Collier County, Florida, the
vacated portion being more specifically depicted and described in Exhibit A
and accept the replacement drainage easement shown on Exhibit B.
Resolution 2009-300
B. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2009- I 0 Adopted Budget.
Resolution 2009-301
C. Recommendation to adopt an Ordinance amending Ordinance No. 2001-43,
as amended (The Vanderbilt Beach Beautification Municipal Service Taxing
Unit), per the Board's December 1,2009 direction under Agenda Item l6B5
to incorporate provisions to facilitate the ongoing conversion of overhead
utility distribution facilities to underground service within the MSTU
boundaries.
Ordinance 2009-70
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December 15, 2009
Moved from Item #16Al (Per Agenda Change Sheet)
D. This item reauires that all participants be sworn in. and ex parte
disclosure be provided bv Commission members. Recommendation to
authorize the Chairman to sign a Resolution of the Collier County Board of
County Commissioners designating 7,414.0 Acres in the Rural Lands
Stewardship Area Zoning Overlay District as a Stewardship Sending Area
with a designation as BCI/BCP/SI SSA 13 pursuant to the terms set forth in
the Escrow Agreement, Stewardship Sending Area Credit Agreement for
BCI/BCP/SI SSA 13, and Stewardship Easement Agreement for
BCI/BCP/SI SSA 13; approving a Stewardship Sending Area Credit
Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Easement
Agreement for BCI/BCP/SI SSA 13; approving an Escrow Agreement for
BCI/BCP/SI SSA 13; and establishing the number of stewardship credits
generated by the designation of said Stewardship Sending Area.
Resolution 2009-302
18. ADJOURN - Approved 4/1 (Commissioner Coletta absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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December 15, 2009