Collier County commissioners recently approved most of the staff-generated offerings put before them, some without discussion.
That was the case for many issues that were on the consent agenda for the April 28 meeting, a list of actions that can be approved with one vote, as follows.
. Approved a $69,544 purchase of 2.5 acres at 10th Avenue Northeast in Golden Gate Estates for construction of a stormwater retention and treatment pond for Phase Two of the Vanderbilt Beach Road Extension Project.
. Awarded a $542,998 construction contract to Engineer Controls Systems for repairs to Goodland Bridge.
. Approved an application that had already been submitted to the South Florida Water Management District for $158,733 to convert potable to irrigation-quality water, and, ultimately, save county taxpayer money. Irrigation water is cheaper than potable water.
. Approved an agreement with South Florida Water Management District for construction of the Conservancy of Southwest Florida’s filter marsh project. The water district will contribute up to $50,000, so the county can help the Conservancy for the water quality improvement program.
. Approved giving $50,370 to the Big Corkscrew Island Fire Control and Rescue District for purchase of six mobile data terminals.
. County Attorney Jeff Klatzkow reported that Milano Recreation Association is now in compliance, and Milano is allowing Imperial Golf Estates residents to access Livingston Road, as agreed to when a rezone was granted for the Royal Palm Academy planned unit development. The conflict was bouncing back and forth between the county’s Code Enforcement Board, county commission and the court system.
According to notes from Klatzkow and Assistant County Attorney Jeff Wright, Milano had refused residents of the nearby Imperial community to access Livingston Road via Marquis Boulevard.
Last June 24, the commission approved code enforcement actions against Milano for refusing to honor their promise, when the commission rezoned Royal Palm Academy.
Since June 24, the issue has been before the county’s Code Enforcement Board three times. Besides talks between Milano and Imperial, there have also been lawsuits.
First, Imperial sued Milano, in Collier County Circuit Court, over access rights. Then, Milano sued Collier County, in an attempt to keep the county from imposing code enforcement sanctions against them.
On Feb. 9, Milano finally granted a right of way easement to Imperial – recorded in county records on March 19 – which, effectively, resolved all of the issues, according to Klatzkow.
His office can continue to work with Milano to dismiss the lawsuit against the county, Wright wrote in an executive summary.
. Waived the potential appearance of conflict by retaining attorney Gregory H. Woods, as lead counsel in the case of G.L. Homes of Naples Associates vs. Collier County.
In short, Klatzkow’s staffers are unable to represent the county in this case, because two assistant county attorneys were involved in the drafting, and negotiation, of developer contribution agreements in 2002 and 2006.
What the agreement stated was that in exchange for transportation concurrency vesting, the developer would build the Logan Boulevard Extension between Vanderbilt Beach Road and Immokalee Road, and be reimbursed for its cost through impact fee credits. Concurrency refers to laws that require accompanying services for new development, including roads, utilities, police, fire, emergency medical, parks and libraries.
However, Woods represents Lowe’s Home Improvement in a 2008 case against Kohl’s Department Stores. Lowe’s sued Kohl’s for lost business when a median was closed just off of Naples Boulevard. Kohl’s then sued Collier County, claiming the closed median was at the county’s request. Although the median has been reopened, the lawsuit continues. Lowe’s is not opposed to Woods representing the county in the G.L. Homes suit, and Klatzkow said he does not believe there is a conflict.
In presentations, commissioners proclaimed May 8 as the 86th anniversary of the county’s creation. Present to acknowledge the anniversary were descendants of those who settled the land more than 100 years ago. Collier County was created by state statue in 1923.
As late add-on items, responding to action the night before by the state Legislature, commissioners passed a resolution objecting to passage of a bill allowing off-shore drilling; and, heard an update on swine flu from Joan Colfer of Collier County Health Department.
For the story on the updated Mirasol dispute – where commissioners voted 4-1 to approve up to 799 homes and two golf courses on the 1,500 acres at the northwest corner of Immokalee Road and Collier Boulevard – see http://www.naplesnews.com/news/2009/apr/28/mirasol-gets-county-zoning-approval-developers-can/.
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