07/08/2014 (CR) COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Time Certain
Airport Authority
Item 11.D: 10:15 a.m.
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
July 08,2014
9:00 AM
Commissioner Tom Henning,District 3 -BCC Chair
Commissioner Tim Nance,District 5 -BCC Vice-Chair;TDC Chair
Commissioner Donna Fiala,District 1 -CRAB Chair
Commissioner Georgia Hiller,District 2 -Community&Economic Development Chair
Commissioner Fred W.Coyle,District 4-CRAB Vice-Chair
NOTICE:All persons wishing to speak on Agenda items must register prior to speaking.Speakers
must register with the Executive Manager to the BCC prior to 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."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 proceeding
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,the provision of certain assistance.Please contact the
Collier County Facilities Management Department located at 3335 East Tamiami Trail,Suite 1,Naples,
Florida,34112-5356, (239) 252-8380;assisted listening devices for the hearing impaired are available
in the Facilities Management Department.
Lunch Recess scheduled for Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
1.A. Reverend Sheila Zellers- Motivated By Love Ministries®, Inc. Pg. 1 - 1
2. AGENDA AND MINUTES
2.A. Approval of today's regular, consent and summary agenda as amended
(Ex Parte Disclosure provided by Commission members for consent
agenda.)
2.B. June 10, 2014- BCC/Regular Meeting
3. SERVICE AWARDS
3.A. EMPLOYEE
3.A.1. 20 Year Attendees
3.A.1.a. John Plummer Jr. - EMS Pg. 2 - 2
3.A.2. 25 Year Attendees
3.A.2.a. Joe Delate-Transportation Engineering Pg. 3 - 3
3.A.2.b. Heather Sweet- Utility Billing and Customer Service Pg.4-4
3.B. RETIREES
3.B.1. Winona Stone - 15 years-Administrative Services Pg. 5 - 5
3.B.2. Kady Arnold- 18 years- Communications and Customer Pg. 6 - 6
Relations
4. PROCLAMATIONS
4.A. Proclamation designating July 12, 2014 as Queens All Star Little Pg. 7 - 8
League Day. To be accepted by Julia Alessi, Lydia E. Cartwright,
Victoria M. Choinski,Jazlyn Curry,Olivia Eckelman, Kaylea Evans,
Brooke Hackim,Delaney Heidel,Sara Leon,Ashlee Lykins, Macie E.
MacDonald, Bianca Palacios,and Emily Wright.Sponsored by
Commissioner Henning.
4.B. Proclamation recognizing the Collier Mosquito Control District for Pg. 9 - 10
earning the Waste Reduction Awards Program (the WRAP award). To
be accepted by Jim Stark, Executive Director of Collier Mosquito
Control District. Sponsored by the Board of County Commissioners.
4.C. Proclamation to declare August 9, 2014 as Victor Bucket and Pappy Pg. 11 - 12
Wagner Day. To be accepted by Victor Bucket, US Navy Veteran and
USS Indianapolis survivor and Harold`Pappy'Wagner,US Marine
Veteran. Sponsored by the Board of County Commissioners.
CM: Motion to Approve
5. PRESENTATIONS
5.A. Recommendation to recognize Connie Deane, Public Information Pg. 13 - 15
Coordinato0072, Growth Management Division,as the Employee of the
Month for June 2014.
5.B. Presentation of the July Business of the Month for Collier County to be
accepted by Patrick Neale, Principal Attorney, Kerry Hall, Paralegal
and Karen Klukiewicz, Chief Operating Officer.
6. PUBLIC PETITIONS
6.A. Public Petition request from Caitlin Weber representing the Pg. 16 - 21
Conservancy of Southwest Florida, regarding the Collier County
Petition for a Formal Administrative Hearing challenging the Consent
Order between the Florida Department of Environmental Protection
(FDEP) and the Dan A. Hughes Company. The Conservancy would like
to discuss groundwater monitoring efforts and present updated
information.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE
AGENDA
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
CM:Speakers Under Public
8. BOARD OF ZONING APPEALS
Comment
Item 8 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
9.A. Recommendation to consider an Ordinance amending Ordinance Pg. 22 - 103
CM: Requires a number 04-41, as amended,the Collier County Land Development
Supermajority Code,which includes the comprehensive land regulations for the
Vote unincorporated area of Collier County, Florida,by providing for:
Section One, Recitals; Section Two, Findings of Fact; Section Three,
Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter One - General Provisions,
including Section 1.08.02 Definitions; Chapter Two - Zoning Districts
and Uses, including Section 2.03.01 Agricultural Districts, Section
2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning
Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Three -
Resource Protection, including Section 3.05.02 Exemptions from
Requirements for Vegetation Protection and Preservation, Section
3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07
Preservation Standards; Chapter Four- Site Design and Development
Standards, including Section 4.01.02 Kitchens in Dwelling Units,
Section 4.02.01 Dimensional Standards for Principal Uses in Base
Zoning Districts, Section 4.02.03 Specific Standards for Location of
Accessory Buildings and Structures, Section 4.02.16 Design Standards
for Development in the Bayshore Gateway Triangle Redevelopment
Area, Section 4.06.02 Buffer Requirements; Chapter Five -
Supplemental Standards, including Section 5.03.02 Fences and Walls,
Excluding Sound Walls, Section 5.03.03 Guesthouses, Section 5.03.05
Caretaker Residences, 5.04.04 Model Home and Model Sales Centers,
Section 5.04.05 Temporary Events, Section 5.06.00 Sign Regulations
and Standards by Land Use Classification,Section 5.06.02
Development Standards for Signs Within Residential Districts, Section
5.06.04 Development Standards for Signs in Nonresidential Districts,
Section 5.06.05 Exemptions from these Regulations, Section 5.06.06
Prohibited Signs, Section 5.06.09 Nonconforming Signs; Chapter Six-
Infrastructure Improvements and Adequate Public Facilities
Requirements, including Section 6.06.02 Sidewalks, Bike Lane and
Pathway Requirements; Chapter Nine -Variations from Code
Requirements,including Section 9.03.03 Types of Nonconformities;
Chapter Ten -Application, Review,and Decision-Making Procedures,
including Section 10.02.08 Requirements for Amendments to the
Official Zoning Atlas,Section 10.02.13 Planned Unit Development
(PUD) Procedures, Section 10.03.05 Required Methods of Providing
Public Notice, Section 10.03.06 Public Notice and Required Hearings
for Land Use Petitions; Section Four,Adoption of Amendments to the
Collier County Zoning Atlas, more specifically amending the following:
Zoning Map number 0502S to rezone various properties located on the
north side of Davis Boulevard (SR-84) from Airport-Pulling Road (CR-
31) west to the Naples city limit, from C-4 General Commercial and C-5
Heavy Commercial to C-4-GTMUD-MXD and C-5-GTMUD-MXD (Gateway
Triangle Mixed Use Overlay District- Mixed Use Subdistrict); Section
Five, Conflict and Severability; Section Six, Inclusion in the Collier
County Land Development Code; and Section Seven, Effective Date.
10. BOARD OF COUNTY COMMISSIONERS
10.A. Add On Item. Recommendation that the Board direct the County
Attorney to work with the County Manager and the Sheriffs Office to
prepare and bring back a proposed ordinance that would establish a
Collier County Sexual Offender and Sexual Predator Residency
Ordinance that is more restrictive than State Statute. (Commissioner
Fiala's request)
10.B. Add On Item. Recommendation to 1) Direct staff to develop and bring
forward a Land Development Code Amendment regarding the
regulation of automobile service stations, including gas stations,
adjacent to residential property which have more than eight (8) fuel
pumps or provide for fueling of more than eight (8) cars at any point
in time; and 2) Adopt a resolution to stay the receipt of new
applications for development orders regarding automobile service
stations, including gas stations,adjacent to residential property while
the proposed land use regulation is prepared and vetted.
(Commissioner Fiala's request)
11. COUNTY MANAGER'S REPORT
11.A. Continued to the September 9, 2014 BCC Meeting. This item has been Pg. 104-
continued from the June 24,2014 BCC meeting to the July 8,2014 BCC 126
meeting. Recommendation to authorize advertising an ordinance
creating the Platt Road Improvement Municipal Service Taxing Unit
to fund and levy not to exceed three mils of Ad Valorem Taxes per
year to reimburse the County $10,500 for emergency roadway
improvements made to Platt Road. (Michelle Arnold,Alternative
Transportation Modes Director) (Commissioner Nance's request)
11.B. Recommendation to adopt a resolution establishing Proposed Millage Pg. 127 -
Rates as the Maximum Property Tax Rates to be levied in FY 2014/15 133
and Reaffirm the Advertised Public Hearing dates in September 2014
for the Budget approval process. (Mark Isackson, Corporate
Financial and Management Services Director)
11.C. Recommendation to approve an Agreement for Sale and Purchase Pg. 134-
with Asset Recovery XVIII, LLC,for the purchase of property to 346
accommodate the future Wilson/Benefield alignment and improved
access to the Resource Recovery Business Park and approve a budget
amendment. (Fiscal Impact$5,542,000) (Nick Casalanguida, Growth
Management Administrator)
11.D. Recommendation to approve and execute a Purchase Agreement in Pg. 343 -
the amount of$3,337,500 with Kiropa Island, LLC for the purchase of 358
1.84 improved acres on Enterprise Avenue for the Supervisor of
Elections, and approve a $17,740 budget amendment. (Len Price,
Administrative Services Administrator).
11.E. Recommendation to award Bid No. 14-6269, "Collier County Pg. 359 -
Northeast Recycling Drop-off Center,"to Cleveland Construction in 373
the amount of$5,156,769.21; and,authorize a budget amendment of
$1,400,000 to move funds from Project No. 59015, "Airspace
Recovery,"to Project 59009, "Northeast Recycling Drop-off Center."
(George Yilmaz, Public Utilities Division Administrator)
11.F. Recommendation to award bid number 14-6270,South Reverse Pg. 374-
Osmosis Wellfield Medium Voltage Cable Replacement,to Quality 395
Enterprises USA, Inc., in the amount of $1,694,999; approve a Work
Order in the amount of$306,826 to CDM Smith, Inc.,for construction
services; and,authorize a budget amendment in the amount of
$1,400,000 for the Well/Plant Power Systems Project 70069. (George
Yilmaz, Public Utilities Division Administrator)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14.A. AIRPORT
14.B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. Proposed Future Workshop Schedule Pg. 396 -
397
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.
16.A. GROWTH MANAGEMENT DIVISION
16.A.1. Recommendation to approve an extension of two years for Pg. 398 -
completion of Site Development Plan (SDP) improvements 405
associated with Tenchitas Convenience Store (SDP AR-14305)
pursuant to Section 10.02.03 H of the Collier County Land
Development Code.
16.A.2. This item requires that ex parte disclosure be provided by Pg. 406 -
Commission members. Should a hearing be held on this item, 416
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Sienna Reserve,
(Application Number PL20130002033) approval of the
standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
16.A.3. This item requires that ex parte disclosure be provided by Pg. 417 -
Commission members. Should a hearing be held on this item, 421
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Morningside Reserve,
Application Number PL20140000249.
16.A.4. This item requires that ex parte disclosure be provided by Pg. 422 -
Commission members. Should a hearing be held on this item, 432
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Mussorie Village at
Fiddler's Creek, (Application Number PL20140000591)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance
security.
16.A.5. This item requires that ex parte disclosure be provided by Pg. 433 -
Commission members. Should a hearing be held on this item, 449
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Raffia Preserve -
Phase 3, (Application Number PL20140000592) approval of
the standard form Construction and Maintenance Agreement
and approval of the amount of the performance security.
16.A.6. This item requires that ex parte disclosure be provided by Pg. 450 -
Commission members. Should a hearing be held on this item, 465
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Palazzo at Naples,
(Application Number 20130002119) approval of the standard
form Construction and Maintenance Agreement and approval
of the amount of the performance security.
16.A.7. This item requires that ex parte disclosure be provided by Pg. 466 -
Commission members. Should a hearing be held on this item, 476
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Landings at Bears
Paw, (Application Number PL20120002819) approval of the
standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
16.A.8. Recommendation to approve final acceptance of the private Pg. 477 -
roadway and drainage improvements for the final plat of 489
Biscayne Bay at Heritage Bay Unit Four (AR-10129) and
authorize the acceptance of the plat dedications and release of
the maintenance security in the amount of$157,902.16.
16.A.9. This item requires that ex parte disclosure be provided by Pg. 490 -
Commission members. Should a hearing be held on this item, 499
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Riverstone - Plat
Seven, (Application Number PL20140000666) approval of the
standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
16.A.10. This item requires that ex parte disclosure be provided by Pg. 500 -
Commission members. Should a hearing be held on this item, 515
all participants are required to be sworn in. Recommendation
to approve for recording the final plat of Oyster Harbor at
Fiddler's Creek Phase 1, (Application Number
PL20130002036) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of
the performance security.
16.A.11. Recommendation to approve a release of lien with an accrued Pg. 516 -
value of$122,481.43 for payment of$3,081.43, in the code 521
enforcement action entitled Board of County Commissioners
v. Melba Garcia, Code Enforcement Board Case No.
CESD20090014480, relating to property located at 4280 6th
Avenue NE, Collier County, Florida.
16.A.12. Recommendation to approve a release of lien with an accrued Pg. 522 -
value of$17,312.29 for payment of$562.29, in the code 528
enforcement action entitled Board of County Commissioners
v.ABFC 2006-HE1 Trust, Code Enforcement Special Magistrate
Case No. CESD20100007028, relating to property located at
3577 Randall Boulevard, Collier County, Florida.
16.A.13. Recommendation to approve a release of a code enforcement Pg. 529 -
lien with an accrued value of$235,580.86, for payment of 535
$3,580.86, in the code enforcement action entitled Board of
County Commissioners v. Ofelina M. and Dean L. Patten, Code
Enforcement Board Case No. CESD20110007245, relating to
property located at 4530 20th St. NE, Collier County, Florida.
16.A.14. Recommendation to approve the release of a code Pg. 536 -
enforcement lien with an accrued value of$179,681.43 for 542
payment of$17,681.43, in the code enforcement action
entitled Board of County Commissioners v. Julio C. Rodriguez,
Code Enforcement Board Case No. CESD20110006525,
relating to property located at 2620 22nd Avenue NE, Collier
County, Florida.
16.A.15. Recommendation to approve a release of a code enforcement Pg. 543 -
lien with an accrued value of$177,830.57 for payment of 558
$530.57, in the code enforcement action entitled Board of
County Commissioners v. Edgar Perez, Code Enforcement
Board Case No. CESD20090010573,relating to property
located at 3445 56th Avenue NE, Collier County, Florida.
16.A.16. Recommendation to approve the release of a code Pg. 559 -
enforcement lien (and amended lien) with an accrued value of 568
$23,967.96,for payment of$1,168.90,in the code
enforcement action entitled Board of County Commissioners
v.Jerry Currie and Susan Currie, Special Magistrate Case No.
CEPM20090008987, relating to property located at 1797 54th
St. SW., Collier County,Florida.
16.A.17. Recommendation to approve seven releases of code Pg. 569 -
enforcement liens with a combined accrued value of 603
$138,238.19 for payment of$4,188.19,in the code
enforcement actions entitled Board of County Commissioners
v.Judith Harbrecht Hill and William P. Hill, Trustees,in
Special Magistrate Case Nos. CEPM20100008282,
CEPM20110004402, CEPM20110011182, CEPM20120000872,
CEV20120000968, CENA20120009734 AND
CEPM20120017192, relating to property located at 451
Torrey Pines Point,Collier County, Florida.
16.A.18. Recommendation to approve the release of two code Pg. 604-
enforcement liens with a combined accrued value of 614
$392,298.99 for payment of$9,904, in the code enforcement
actions entitled Board of County Commissioners v. Linda
Haines and William Haines, Special Magistrate Case Nos.
2007-080938 and CEPM20120007772, relating to the
property located at 3087 Lunar Street(a/k/a 3077 Lunar
Street), Collier County, Florida.
16.A.19. Recommendation to approve an easement agreement for the Pg. 615 -
acquisition of Parcel 102TCE,a temporary construction 629
easement required for the construction of a replacement
bridge on 28th Avenue Southeast over the Miller Canal.
(Project No. 60123.) Estimated Fiscal Impact: $1,180.
16.A.20. Recommendation to approve an easement agreement for the Pg. 630 -
purchase of a Road Right-of-Way, Drainage and Utility 702
Easement(Parcel 211RDUE) required for the expansion of
Golden Gate Boulevard from east of Wilson Boulevard to 20th
Street East. Project No. 60040 (Fiscal Impact: $3,500)
16.A.21. Recommendation to approve an easement agreement for the Pg. 703 -
purchase of a road right-of-way, drainage and utility 716
easement(Parcel 258RDUE) required for the expansion of
Golden Gate Boulevard from east of Wilson Boulevard to 20th
Street East. (Project No. 60040.) Estimated Fiscal Impact:
$2,527.
16.A.22. Recommendation to approve the award of contracts 14-6190 Pg. 717 -
Golden Gate City Stormwater Drainage Improvement Project 886
Design to Agnoli, Barber and Brundage, Inc., CH2M Hill
Engineers, Inc.,Johnson Engineering Inc.,and RWA, Inc.,for
professional design and related services and authorize the
Chairman to execute the contracts.
16.A.23. Recommendation to declare a valid public emergency,waive Pg. 887 -
the threshold amounts established for a "Continuing 909
Contract"in accordance with the limited exception under the
Consultants' Competitive Negotiation Act, Florida Statutes§
287.055(3)(a) and approve a Work Order under Professional
Services Contract Number 13-6164 to complete the design
with modifications as described herein and add additional
design services for maintenance of traffic for the, Design&
Related Services for Replacement of Bridge Number 034020
on White Boulevard over Cypress Canal project. (Project
Number 66066).
16.A.24. Recommendation to award ITB #14-6234 for the Traffic Pg. 910 -
Signal Upgrade at the intersection of Pine Ridge Road at Pine 914
Ridge Middle School to Highway Safety Devices, Inc.,in the
amount of$257,457 for Project#60172.
16.A.25. Recommendation to authorize an additional vehicle purchase Pg. 915 -
in the Growth Management Division, Road and Bridge 917
Maintenance Department as part of the County's asset
management efforts and approve necessary Budget
Amendment (Estimated fiscal impact$30,000).
16.A.26. Recommendation to approve a Landscape Maintenance Pg. 918 -
Agreement with the Kings Lake Homeowners Association 931
which authorizes the County to purchase vegetation to be
planted by the County along the Kings Lake property line that
abuts the Road Maintenance facility located at 4800 Davis
Boulevard. (Estimated fiscal impact$5,502.50).
16.A.27. Recommendation to approve Amendment No.A01 to Pg. 932 -
Agreement 4600002912 between Collier County and the 941
South Florida Water Management District,modifying the
timeline for the construction of the 28th Ave SE Bridge.
(Project 60123)
16.A.28. Recommendation to approve selection committee rankings Pg. 942 -
and authorize staff to enter into contract negotiations with 950
VIBEngineering Inc. for design of a comprehensive traffic
system engineering management plan (Request for Proposal
No. 14-6246 for the FDOT local area project, Network Study
and Analysis,FM No. 430868-1-18-01).
16.A.29. Recommendation to adopt a Resolution extending the Collier Pg. 951 -
County Architectural and Site Design Standards Ad Hoc 956
Committee for 12 months.
16.A.30. Recommendation to approve a Developer Agreement between Pg. 957 -
Hacienda Lakes of Naples LLC (Developer) and Collier County 979
(County) to fund, design,permit and construct a portion of
Rattlesnake Hammock Road east of Collier Boulevard from
two to four lanes,in a manner consistent with the
Development Order Resolution 2011-201.
16.A.31. Recommendation to recognize the commitment of the Pg. 980 -
prepayment of road impact fees in the Agreement by and 999
between Gateway Shoppes II, LLC,Wal-Mart Stores East, L.P.,
and WCI Communities, Inc. and The Board of County
Commissioners of Collier County, Florida as recorded in O.R.
Book 3859, Page 3211 and to issue a Certificate of Public
Facility Adequacy(COA) in perpetuity for the outparcels
remaining to be completed in the development.
16.B. COMMUNITY REDEVELOPMENT AGENCY
16.C. PUBLIC UTILITIES DIVISION
16.C.1. Recommendation to adopt a resolution to set the date,time Pg. 1000 -
and place for an advertised public hearing where the Board of 1020
County Commissioners will adopt special assessments to be
collected on the non-ad valorem property tax bill for curbside
solid waste collection and disposal services for Fiscal Year
2015 and approve the notification to customers.
16.C.2. Recommendation to authorize a budget amendment in the Pg. 1021 -
amount of$2,800,000 to recognize funding from a litigated 1023
settlement agreement and appropriate these funds into
designated,programmed public utility system capital projects.
16.C.3. Recommendation to approve an agreement with Olde Cypress Pg. 1024-
Homeowners'Association, Inc.,regarding the installation of 1041
fencing around wastewater pump stations.
16.C.4. Recommendation to approve a time extension of 120 days to Pg. 1042 -
the final completion of Contract 12-5931 with D.N. Higgins, Inc., 1050
Purchase Order 4500142945,for the Master Pumping Station
312 Rehabilitation project,under Project 72549,and authorize
payment of the remaining balance of the contract for services
rendered.
16.C.5. Recommendation to approve a contract with URS Corporation Pg. 1051 -
in the amount of$922,959 under Request for Proposal Number 1106
14-6198, "Design and Support Services for the Collier County
Landfill Leachate Deep Injection Well," Project Number 70101.
16.C.6. Recommendation to direct the County Manager or his designee Pg. 1107 -
to advertise a Resolution adjusting the Collier County Water- 1157
Sewer District Bulk Services Water Rates within the Hammock
Bay Service Area,as authorized by the Potable Water Bulk
Services Agreement between the Collier County Water-Sewer
District and the City of Marco Island, dated May 9, 2006.
16.C.7. Recommendation to approve payment in the amount of$4,950 Pg. 1158 -
to Simmonds Electrical of Naples, Inc.,for testing and repair of 1162
the Irrigation Quality Water SCADA radio system.
16.C.8. Recommendation to authorize a budget amendment in the Pg. 1163 -
amount of$285,100 transferring funds between cost centers 1166
and line items within the Collier County Water-Sewer District
Fund (408) to cover costs for unanticipated bank fees, IT
support,fleet maintenance,and contractual services for the
Collier County Water-Sewer District's Financial Operations
Department.
16.C.9. Recommendation to approve a budget amendment in the Pg. 1167 -
amount of$320,000 transferring funds from Mandatory Trash 1169
Collection Fund Reserves,and from within the operating
budget,to the District I and District II FY14 Operating Expense
Budget to pay for collection and disposal costs for residential
curbside solid waste at the Collier County Landfill.
16.C.10. Recommendation to award Contract#14-6213 for general Pg. 1170 -
utility services to Douglas N. Higgins, Inc., Haskins,Inc., Kyle 1331
Construction,Inc., Mitchell &Stark Construction Co., Inc.,
Quality Enterprises USA, Inc.,and Southwest Utility Systems,
Inc.; and,authorize the Chair to sign and execute the contract
after final approval by the County Attorney's Office.
16.C.11. Recommendation to direct the County Manager or his Pg. 1332-
designee to advertise a resolution amending schedules One 1359
through Two of Appendix A to Section Four of Collier County
Ordinance No. 2001-73,as amended,titled the Collier County
Water-Sewer District Uniform Billing, Operating,and
Regulatory Standards Ordinance,to include proposed rates
for water,wastewater,and irrigation quality water services
with effective dates of October 1,2014,October 1, 2015 and
October 1, 2016 for schedules One and Two.
16.D. PUBLIC SERVICES DIVISION
16.D.1. Recommendation to approve a Revocable Temporary License Pg. 1360 -
Agreement with the South Florida Water Management District 1373
for the installation,at District expense,of a rain gauge and
associated telemetry equipment at Freedom Park.
16.D.2. Recommendation to approve Amendment No.3 to the Pg. 1374-
Subrecipient Agreement with Catholic Charities,Diocese of Venice, 1379
Inc., providing a time extension and subrecipient name
modification for the FY12 Community Emergency Solutions Grant.
16.D.3. Recommendation to approve a "Release of Agreement Pg. 1380 -
Authorizing an Affordable Housing Density Bonus and 1414
Imposing Covenants and Restrictions on Real Property" for the
Ospreys Landing Apartments.
16.D.4. Recommendation to accept the State Housing Initiatives Pg. 1415 -
Partnership Program Fiscal Year 2014-2015 allocation and to 1421
approve a budget amendment in the amount of$1,545,449 and
authorize the Chairman to sign the Fiscal Year 2014/2015
Funding Certification.
16.D.5. Recommendation to approve an "after the fact" submittal of Pg. 1422 -
the attached proposed project proposal to the Florida 1433
Department of Transportation for the Federal Transit
Administration Section 5310 grant program for a total funding
request of$482,480,accept the revised grant award in the
same amount,authorize necessary budget amendments and
approve the purchase of five paratransit vehicles using those
funds.
16.D.6. Recommendation to approve and authorize the Chairman to Pg. 1434-
sign Partners for Fish and Wildlife Program Landowner 1448
Agreement accepting a $15,000 grant award from the U.S. Fish
and Wildlife Service Partners for Fish and Wildlife Program for
fish and wildlife habitat restoration at Rivers Road Preserve.
16.D.7. Recommendation to support the Parks and Recreation Pg. 1449 -
Department in seeking national reaccreditation as a valid and 1518
proper public purpose and adopt a Resolution authorizing the
expenditure of funds to host the Accreditation Commission not
to exceed $10,000.
16.D.8. Recommendation to approve and authorize the Chairman to Pg. 1519 -
sign a Satisfaction and Release of Lien for payment of deferred 1527
countywide impact fees.
16.D.9. Recommendation to approve and execute a modified Developer Pg. 1528-
Agreement clarifying terms with NR Contractors,Inc.for Request 1578
for Proposal(RFP) 14-6259,"NSP Multi-Family Property and
Program Assumption," (Gilchrist Apartments)and approve an
extension of the legal non-conforming waiver to May 31,2017,and
approve a Minor Amendment to the NSP1 Action Plan.
16.D.10. Recommendation to approve a Transportation Coordination Pg. 1579 -
Agreement with United Cerebral Palsy of Southwest Florida, 1584
Inc.
16.D.11. Recommendation to approve and execute the attached Joint Pg. 1585 -
Participation Agreement in the amount of$1,100,000,with a 1608
50% match of$550,000 for a period not to exceed three years
from the date of execution,to provide operating and
marketing funding for establishing a new Collier Area Transit
route to service Collier Boulevard and Immokalee Road which
was previously approved by the Board,approve a resolution
authorizing the Chair to sign the agreement; and authorizing
all necessary budget amendments.
16.D.12. Recommendation to recognize carry forward from accrued Pg. 1609 -
interest in the amount of$105,519.28 and unused grant funds 1611
in the amount of$2.12 from State Aid to Library Grants
revenue and appropriate those funds for expenditures on
library materials, services,and equipment.
16.D.13. Recommendation to approve the conveyance of a utility Pg. 1612 -
easement on County property to the City of Naples,together 1622
with the related utility infrastructure associated with the
Gordon River Greenway Park project.
16.D.14. Recommendation to approve an Underground Facilities Pg. 1623 -
Conversion Agreement with Florida Power&Light Company 1640
for phase two and three of the Vanderbilt Beach Municipal
Service Taxing Unit Utility Conversion Project.
16.D.15. Recommendation to approve a Master Contract with Area Pg. 1641 -
Agency on Aging of Southwest Florida, Inc. for Federal-and 1682
State-funded Services for Seniors programs.
16.E. ADMINISTRATIVE SERVICES DIVISION
16.E.1. Recommendation to reject Invitation to Bid (ITB) #13-6165 for Pg. 1683 -
Plumbing Contractors and extend Contract#09-5323 - On Call 1685
Plumbing Contractors to Shamrock Plumbing and Mechanical,
Inc.,for six(6) months or until a new solicitation is executed.
16.E.2. Recommendation to approve and execute a First Amendment Pg. 1686-
to Lease with Randall Benderson and David H. Baldauf, 1710
Trustees,for office space in Parkway Plaza,Golden Gate City,
for the Health Department's Women, Infants and Children's
(WIC) program.
16.E.3. Recommendation to approve a contract for P25 Radio Pg. 1711
Consulting Services associated with Request for Proposal 14- 1741
6279; and to authorize the Chairman to sign the contract after
final review by the County Attorney.
16.E.4. Recommendation to approve and execute a Second Pg. 1742 -
Amendment to Lease Agreement with Sprint Spectrum L.P., 1750
successor in interest to Nextel South Corp.,concerning
communications equipment located on County property.
16.E.5. Recommendation to recognize and appropriate revenue for Pg. 1751 -
Special Services to the Facilities Management Department Cost 1753
Center and approve all necessary Budget Amendments for the
Fiscal Year 2013-2014.
16.E.6. Recommendation to approve and authorize the Chairman to Pg. 1754-
execute a Resolution approving the 457 Roth after-tax 1767
contributions option with ICMA-RC and Nationwide Retirement
Solutions, Inc. (NRS) 457 Plan Agreement for the Board of
Collier County Commissioners and Supervisor of Elections and
designate the County Manager to be the Official Plan
Coordinator.
16.E.7. Recommendation to accept reports and ratify staff-approved Pg. 1768-
change orders and changes to work orders. 1805
16.E.8. Recommendation to approve award of contract 14-6255R CCSO Pg. 1806 -
Substation at EMS-12 Orange Tree to BSSW Architects Inc.for 1889
professional engineering services,approve an associated
budget amendment,and authorize the Chairman to execute the
approved contract.
16.E.9. Recommendation to approve additions, deletions,and Pg. 1890 -
reclassifications to the 2014 Fiscal Year Pay and Classification 1893
Plan made from April 1,2014 through June 30,2014.
16.E.10. Recommendation to award Invitation to Bid (ITB) 14-6280 Pg. 1894-
"Fencing Installation and Repair"to Carter Fence Company, 1956
Inc.,and BUE, Inc., d/b/a Gatekeepers/Gateswork
(Gateswork); and authorize the Chairman to sign the attached
contracts.
16.E.11. Recommendation to award contracts for services to assist Pg. 1957 -
county staff in monitoring and documenting the cost incurred 2075
to remove and dispose of disaster-generated debris in full
compliance with Federal Emergency Management Agency
(FEMA) rules and regulations. (Contract#14-6188, "Federal
Emergency Management Agency Acceptable Monitoring of
Disaster Generated Debris Management).
16.E.12. Recommendation to approve a Budget Amendment to Pg. 2076 -
recognize and appropriate funds for the Mile Marker 63 Fire 2118
Station-Ochopee Fire Control,from the Florida Department of
Transportation in accordance with an Interlocal Agreement
approved by the Board on April 8, 2014 in the amount of
$3,259,335.
16.E.13. Recommendation to approve a Lease Agreement with Pg. 2119 -
Immokalee Fire Control District for use by EMS of Immokalee 2127
Station 31 with no annual rent.
16.E.14. Recommendation to accept the Hearing Officer's Pg. 2128-
recommendation in the appeal of Invitation to Bid (ITB) 13- 2169
6113 Janitorial Services; award the contract to ISS Facility
Services, Inc; and,authorize the Chairman to execute a County
Attorney approved contract.
16.F. COUNTY MANAGER OPERATIONS
16.F.1. Recommendation to approve a Termination of Agreement and Pg. 2170-
Release of Lien for Ospreys Landing, Ltd.for the Ospreys 2204
Landing Apartments, due to the impact fees being paid in full
in accordance with and the terms of the 1994 Deferral
Agreement and the Multi-family Rental Impact Fee Deferral
Program,as set forth by Section 74-401(e) and 74-401(g) (5) of
the Collier County Code of Laws and Ordinances.
16.F.2. Recommendation to approve the Tourism Department's Sports Pg. 2205 -
Marketing Section submittal of Florida Sports Foundation 2232
Grant applications to support future Collier County Sports
events in the total amount of$140,700,authorize the County
Manager or his designee to execute the applications and make
a finding that this item promotes tourism.
16.F.3. Recommendation to adopt a resolution approving amendments Pg. 2233 -
(appropriating grants, donations,contributions or insurance 2236
proceeds) to the Fiscal Year 2013-14 Adopted Budget.
16.G. AIRPORT AUTHORITY
16.H. BOARD OF COUNTY COMMISSIONERS
16.H.1. Recommendation to appoint one member to the Immokalee Pg. 2237 -
Enterprise Zone Development Agency. 2252
16.H.2. Recommendation to appoint a member to the Lely Golf Estates Pg. 2253 -
Beautification MSTU Advisory Committee. 2262
16.H.3. Commissioner Fiala requests Board approval for Pg. 2263 -
reimbursement regarding attendance at a function serving a 2265
Valid Public Purpose. Attended the East Naples Civic
Association Luncheon on June 19, 2014. The sum of$18 to be
paid from Commissioner Fiala's travel budget.
16.1. MISCELLANEOUS CORRESPONDENCE
16.J. OTHER CONSTITUTIONAL OFFICERS
16.J.1. Board declaration of expenditures serving a valid public Pg. 2266 -
purpose and approval of disbursements for the period of June 2524
19, 2014 through June 25, 2014.
16.J.2. Board declaration of expenditures serving a valid public Pg. 2325 -
purpose and approval of disbursements for the period of June 2368
26, 2014 through July 1, 2014.
16.K. COUNTY ATTORNEY
16.K.1. Recommendation to approve an Amendment to Agreement for Pg. 2369 -
Legal Services for the Retention Agreement with Henderson, 2388
Franklin, Starnes &Holt, P.A. extending the expiration date to
September 12, 2016 and by amending Exhibit"A."
16.K.2. Recommendation to approve the mediation settlement prior to Pg. 2389 -
trial in the lawsuit entitled Geraldine Harris v. Collier County, 2395
filed in the Twentieth Judicial Circuit in and for Collier County,
Florida, Case No. 13-904-CA for the sum of$10,000 and
authorize the Chairman to execute the Settlement Agreement
and Mutual Release.
16.K.3. Recommendation to approve a Joint Motion for Final Judgment Pg. 2396 -
in the amount of$28,300 for the acquisition of Parcels 113FEE 2406
and 113TCE in the lawsuit styled Collier County, Florida v. New
Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US
41/SR-CR-951 Intersection Improvement Project#60116).
(Fiscal Impact: $13,470)
16.K.4. Continued indefinitely. Recommendation to authorize the Pg. 2407 -
County Attorney to file a lawsuit on behalf of the Collier County 2412
Board of County Commissioners against the Vineyards
Development Corporation, Debra Lee Gogan,Amelia Sosa,and
Astrid Ramireza in the Circuit Court of the Twentieth Judicial
Circuit, in and for Collier County, Florida,to recover damages
for the repair of a traffic control box in the amount of
$30,771.56, plus costs of litigation. (County Attorney's request)
16.K.5. Recommendation that the Board authorize the County Pg. 2413 -
Attorney,working in conjunction with the County Manager,to 2414
secure an expert/consultant to assist the County Attorney in
the litigation relating to Dan A. Hughes Company, L.P.'s
violation of Permit No.: 1349H, Collier-Hogan 20-3H Well, also
to assist the County Manager and his staff as to all issues raised
by the drilling and production of oil in Collier County, and to
waive any Purchasing Ordinance provision that may be in
conflict with this retention.
16.K.6. Recommendation that the County Attorney be directed to Pg. 2415 -
pursue an appeal in the case entitled Thomas C. Curry v. Collier 2457
County, Case No. 14-0087-CA.
16.K.7. Recommendation to approve a First Amendment to License Pg. 2458-
Agreement with Summit Broadband Inc.to expand the licensed 2464
area to allow for the installation of an upgraded electrical
service connection for the communications facility.
16.K.8. Recommendation to approve payment for mediation services Pg. 2465 -
by James A. Helinger,Jr. for the settlements of parcels taken for 2468
the improvements to Collier Boulevard (Project No. 68056)
and to authorize the County Attorney to retain Mr. Helinger for
future mediations under the terms of the attached letter.
16.K.9. Recommendation to formally and expressly accept the Pg. 2469 -
conveyance of right-of-way for Collier Boulevard Extension. 2474
Fiscal Impact: None.
16.K.10. Recommendation to approve and execute a Settlement Pg. 2475 -
Agreement and Release with a Geraldine Lustro, in order to 2482
settle a claim by her against funds donated to the Collier
County Public Library by her brother, Ronald M.Wade,
deceased,and to accept and recognize the remainder of the
donated funds.
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.
17.A. Recommendation to approve(Adopt)an expansion to the Northeast Pg. 2483 -
Quadrant of Mixed Use Activity Center No.7(Rattlesnake Hammock Road 2 541
and Collier Boulevard)as a small-scale amendment to the Collier County
Growth Management Plan,Ordinance 89-05,as Amended,for transmittal
to the Florida Department of Economic Opportunity. (Adoption Hearing)
(PL-2013-0002249/CPSS-2013-2) [Companion to Rezone Petition
PL20130001652 and Conditional Use Petition PL20130002241.]
17.B. This item requires that ex parte disclosure be provided by Pg. 2542 -
CM: Requires a Commission members. Should a hearing be held on this item, all 2569
Supermajority participants are required to be sworn in. Recommendation to
Vote approve an Ordinance amending Ordinance Number 2004-41,as
amended,the Collier County Land Development Code,which
established the comprehensive zoning regulations for the
unincorporated area of Collier County, Florida,by amending the
appropriate zoning atlas map or maps by changing the zoning
classification of the herein described real property from Commercial
Intermediate (C-3) and Heavy Commercial (C-5) zoning districts to a
General Commercial (C-4) zoning district, for property located on the
east side of Collier Boulevard (C.R. 951) north of Rattlesnake-
Hammock Road (C.R. 864) in Section 14,Township 50 South, Range
26 East, Collier County, Florida, consisting of 18.95+/- acres;
providing for repeal of Ordinances 99-84, 00-75, 02-26, 03-31 and 04-
23; and by providing an effective date; [RZ-PL20130001652 -
companion to CU-PL20130002241 and PL20130002249/CPSS-2013-
2].
17.C. This item requires that ex parte disclosure be provided by Pg. 2570 -
Commission members. Should a hearing be held on this item, all 2591
CM: Requires a participants are required to be sworn in. Recommendation to
Supermajority approve a Resolution of the Board of Zoning Appeals of Collier
Vote County, Florida providing for the establishment of a Conditional Use
to allow Air-Conditioned Indoor Self Storage (SIC Code 4225) within a
General Commercial (C-4) Zoning District pursuant to Section
2.03.03.D.1.c.21 of the Collier County Land Development Code for
property located on the east side of Collier Boulevard (C.R. 951) north
of Rattlesnake-Hammock Road (C.R. 864) in Section 14,Township 50
South, Range 26 East, Collier County, Florida (CU-PL20130002241) -
companion to [RZ-PL20130001652] and companion to
[PL20130002249/CPSS-2013-2], Collier Boulevard Commercial
Properties).
17.D. Recommendation to consider approving Staff-Proposed 2011 Pg. 2592 -
Evaluation and Appraisal Report-Based Amendments to the Collier 2627
County Growth Management Plan, Ordinance 89-05, as Amended,to
Fix Glitches Related to Changes in 2011 EAR-Based Amendments and
Revise for Internal Consistency,for Transmittal to the Florida
Department of Economic Opportunity for review and Comments
response (Transmittal Hearing).
17.E. Recommendation to adopt an Ordinance repealing and replacing Pg. 2628 -
Ordinance 94-39,as amended,known as the Collier County 2668
Residential Rehabilitation Program,to revise the program to be
known,as the Collier County Owner-Occupied Rehabilitation
Program.
17.F. Recommendation to approve an amendment to the Tourist Pg. 2669 -
Development Tax Ordinance No. 92-60,as amended,to authorize the 2680
reallocation of funds between Tourist Development Tax categories
with a supermajority vote of the Board and make a finding that this
item promotes tourism.
17.G. Recommendation to adopt a resolution approving amendments Pg. 2681 -
(appropriating carry forward,transfers and supplemental revenue) 2683
to the Fiscal Year 2013-14 Adopted Budget.
17.H. Recommendation to approve an amendment to Ordinance No. 83 - Pg. 2684-
25,as amended,to correct the name of the deferred compensation 2694
provider to Nationwide Retirement Solutions, Inc. previously known
as National Association of Counties (NACo) and previously
administered by Public Employees Benefit Services Corporation
(PEBSCO),to approve removal of Section 2 of the Ordinance
removing the advisory committee,and to include Supervisor of
Elections (SOE) under the compensation plans of the Board of County
Commissioners.
17.I. Recommendation to adopt an Ordinance repealing Ordinance No. 91- Pg. 2695 -
37,as amended,in order to sunset the Hispanic Affairs Advisory 2699
Board.
18. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to
the County Manager's Office at 252-8383.
Proposed Agenda Changes
Board of County Commissioners Meeting
July 8,2014
Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County
Manager and the Sheriff's Office to prepare and bring back a proposed ordinance that would establish a
Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State
Statute. (Commissioner Fiala's request)
Add On Item 10B: Recommendation to 1)Direct staff to develop and bring forward a Land Development
Code Amendment regarding the regulation of automobile service stations,including gas stations,adjacent to
residential property which have more than eight(8)fuel pumps or provide for fueling of more than eight(8)
cars at any point in time;and 2)Adopt a resolution to stay the receipt of new applications for development
orders regarding automobile service stations,including gas stations,adjacent to residential property while
the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request)
Continue Item 11A to the September 9,2014 BCC Meeting: Recommendation to authorize advertising an
ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to
exceed three mils of Ad Valorem Taxes per year to reimburse the County$10,500 for emergency
roadway improvements made to Platt Road. (Commissioner Nance's request)
Withdraw Item 11E: Recommendation to award Bid No.14-6269,"Collier County Northeast
Recycling Drop-off Center,"to Cleveland Construction in the amount of$5,156,769.21;and,authorize
a budget amendment of$1,400,000 to move funds from Project No.59015,"Airspace Recovery,"to
Project 59009,"Northeast Recycling Drop-off Center." (Staffs request)
Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a
lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards
Development Corporation,Debra Lee Gogan,Amelia Sosa,and Astrid Ramireza in the Circuit Court of
the Twentieth Judicial Circuit,in and for Collier County,Florida,to recover damages for the repair of a
traffic control box in the amount of$30,771.56,plus costs of litigation. (County Attorney's request)
Note:
Item 11C Executive Summary title should read: Recommendation to approve an Agreement for Sale and
Purchase with Asset Recovery XVIII,LLC,for the purchase of property to accommodate the future
Wilson/Benefield Benfield alignment and improved access to the Resource Recovery Business Park and
approve a budget amendment.
Also,in the Objective section,the reference to a "302+/-" acre parcel should be revised to a"305.59"acre
parcel. (Staff's request)
Item 16A1 Executive Summary title should read: Recommendation to approve an extension of two three
years for completion of Site Development Plan(SDP)improvements associated with Tenchitas Convenience
Store(SDP AR-14305)pursuant to Section 10.02.03 H of the Collier County Land Development Code.
(Staff's request)
7--� /4/
Proposed Agenda Changes
Board of County Commissioners Meeting
July 8,2014
Page 2
Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code
enforcement liens with a combined accrued value of$138,238.19,for payment of$4,188.19 and a related
settlement agreement,in the code enforcement actions entitled Board of County Commissioners v.Judith
Harbrecht Hill and William P.Hill,Trustees,in Special Magistrate Case Nos.CEPM20100008282,
CEPM20110004402,CEPM20110011182,CEPM20120000872,CEV20120000968,CENA20120009734 AND
CEPM20120017192,relating to property located at 451 Torrey Pines Point,Collier County,Florida.
Also,the Recommendation section should read: That the Board of County Commissioners waives accrued
fines in the amount of$134,050,accept payment of$4,188.19,releases the liens,and authorizes the Chairman
to sign the attached lien releases for recording in the Official Public Records,and attached Mutual General
Release and Settlement Agreement. (Staff's request)
Item 16E10: For purchases estimated to be greater than$50,000 per order and less than$200,000 per
order,the department may quote out work among the awarded vendor(s)with Purchasing Department
approval. (Staff's request)
Items 17B and 17C: 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. (Staff's request)
Time Certain Requests:
Item 11D to be heard at 10:45 a.m. (Commissioner Fiala's request)
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Add On Item 10A
July 8,2014 BCC Meeting
EXECUTIVE SUMMARY
Recommendation that the Board direct the County Attorney to work with the County
Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that
would establish a Collier County Sexual Offender and Sexual Predator Residency
Ordinance that is more restrictive that State Statute.
OBJECTIVE: To better protect the children of Collier County.
CONSIDERATIONS: Florida Statutes 775.215 provides that certain defined convicted sexual
offenders and predators may not reside within 1,000 feet of any school, child care facility, park,
or playground. I recently discussed my concern with the County Attorney that there are large
numbers of convicted sexual offenders and predators clustered in family neighborhoods just
outside these limitations. The County Attorney advised me that since the last time the Board
discussed this matter, it has been judicially determined that a local government may enact stricter
regulations than the State Statute. I would like the Board to direct the County Attorney to work
with the County Manager and the Sheriff's Office to bring back a proposed Sexual Offender and
Sexual Predator Residency Ordinance that is more restrictive that State Statute.
FISCAL IMPACT: None at this time.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it
as to form and legality. Majority support of the Board is required for approval. A copy of the
referenced legal decision is attached as back-up. -JAK
RECOMMENDATION: That the Board of County Commissioners direct the County Attorney
to work with the County Manager and the Sheriff's Office to prepare and bring back a proposed
ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency
Ordinance that is more restrictive than State Statute.
PREPARED BY: Commissioner Donna Fiala.
Attachment: The decision involving Exile and Bloom vs. Miami-Dade County.
Page 1
LexisNexis®
1 of 1 DOCUMENT
Bryan A.Exile and Elliot M.Bloom,Appellants,vs.Miami-Dade County,Appellee.
No.3D09-2768
COURT OF APPEAL OF FLORIDA,THIRD DISTRICT
35 So.3d 118;2010 Fla.App.LEXIS 6919;35 Fla.L.Weekly D 1121
May 19,2010,Opinion Filed
SUBSEQUENT HISTORY: Released for Publication force and effect.Neither of the appellants'contentions to
June 4,2010. the contrary is well taken:
PRIOR HISTORY: [**1] 1 "It is unlawful for any person who has been
An Appeal from the Circuit Court for Miami-Dade convicted of a violation of Sections 794.011
County,Pedro P. Echarte,Jr.,Judge.Lower Tribunal No. (sexual battery), 800.04(lewd and lascivious acts
09-51205. on/in presence of persons under age 16), 827.071
(sexual performance by a child) or 847.0145
COUNSEL: Florida Institutional Legal Services, and (selling or buying of minors for portrayal in
Cassandra Capobianco,Robert Dwyer,Christopher Jones sexually explicit conduct), Florida Statutes, or a
and Peter Sleasman; American Civil Liberties Union similar law of another jurisdiction, in which the
Foundation, and Maria Kayanan and Randall C. victim of the offense [**2] was less than sixteen
Marshall;Jeanne Baker,for appellants. (16) years of age, to reside within 2,500 feed of
any school." Miami-Dade County, Fla., Code of
R.A. Cuevas, Jr., County Attorney, and Thomas W. Ordinances,§21-281(a)(2009).
Logue,Assistant County Attorney,for appellee.
(a) The legislature has not clearly preempted local
JUDGES:Before WELLS and ROTHENBERG,JJ.,and regulation of the field of the post-conviction conduct of
SCHWARTZ,Senior Judge. sexual predators, so as to invoke the severely restricted
and strongly disfavored doctrine of "implied
OPINION BY: SCHWARTZ preemption." See Browning v. Sarasota Alliance for Fair
Elections, Inc., 968 So. 2d 637 (Fla. 2d DCA 2007),
OPINION reversed on other grounds 28 So. 3d 880 (Fla. 2010);
City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243
[*118] SCHWARTZ,Senior Judge. (Fla. 2006); Tribune Co. v. Cannella, 458 So. 2d 1075,
1077 (Fla. 1984); Phantom of Clearwater v. Pennellas
As the trial court held in an excellent opinion, we County, 894 So. 2d 1011, 1019 (Fla. 2d DCA 2005),
conclude that Section 21-281 of the Miami-Dade County approved sub. nom, Phantom of Brevard v. Brevard
Code I,which prohibits convicted sexual offenders from County,3 So. 3d 309,315(Fla. 2009); Lowe v. Broward
[*119] residing within 2500 feet of a school, is not County,766 So.2d 1199, 1207(Fla.4th DCA 2000),rev.
invalidated by Florida law and therefore remains in full denied, 789 So. 2d 346 (2000) ("The courts should be
Page 2
35 So.3d 118,*119;2010 Fla.App.LEXIS 6919,**2;
35 Fla.L.Weekly D 1121
careful in imputing intent on behalf of the Legislature to that required outdoor signs to be set back 200 feet from
preclude a local elected governing body from exercising streets did not conflict with a state statute that required
its home rule powers."); Tallahassee Mem. Reg. Med. outdoor signs be set back 15 feet from the streets because
Ctr., Inc.v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, a person could comply with the County ordinance
831 (Fla. 1st DCA 1996);and without violating the state statute). Compare Scavella v.
Fernandez, 371 So. 2d 535 (Fla. 3d DCA 1979)
(b) The 2500 foot provision is [**3] not in (expressly distinguishing Jordan Chapel and E.B.
cognizable "conflict" with the less restrictive 1000 foot Elliott).
buffer zone provided by Section 794.065(1) 2 Florida
Statutes. See Laborers' Int'l Union of N. Am., Local 478 2 "It is unlawful for any person who has been
v. Burroughs, 541 So. 2d 1160 (Fla. 1989) (holding convicted of a violation of s. 794.011, s. 800.04,
ordinance did not conflict with statute because a party s. 827.071, s. 847.0135(5), or s. 847.0145,
could comply with the ordinance without violating the regardless of whether [**4]adjudication has been
statute); Metro. Dade County v. Santos, 430 So. 2d 506 withheld, in which the victim of the offense was
(Fla. 3d DCA 1983); Jordan Chapel Freewill Baptist less than 16 years of age, to reside within 1,000
Church v. Dade County, 334 So. 2d 661, 664 (Fla. 3d feet of any school, day care center, park, or
DCA 1976), cert. denied, 348 So. 2d 949 (1977); E.B. playground...."§794.065(1)Fla.Stat.(2009).
Elliott Advertising Co.v. Metro. Dade County,425 F.2d
1141, 1150 (5th Cir. 1970) (holding a county ordinance Affirmed.
•
•
IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY,FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 09-51205 CA 13
BRYAN A.EXILE and
ELLIOTT M.BLOOM,
Plaintiffs, ,,.... ftr-, s !PATO
v. jC,��y.��yy{{
•iii J.. .: N
MIAMI-DADE COUNTY,
Defendant.
1
ORDER GRANTING FINAL JUDGMENT ON THE PLEADINGS IN FAVOR OF
DEFENDANT
•
I. Facts
Plaintiffs,who are convicted sexual offenders,have challenged the validity of the Miami-
Dade County Sexual Offender and Sexual Predator Residency Ordinance, §§ 21-177—21-284 of
the Code of Miami-Dade County.' Plaintiffs contend that by enacting various sexual offender
and predator statutes the Florida Legislature impliedly preempted Miami-Dade County's
Ordinance. Defendant now seeks a judgment on the pleadin y. as a matter of law.
'In relevant part,the County Ordinance prohibits convicted sexual offenders from
residing within 2,500 feet of a school. §21-218, Miami-Dade County Code. It provides
exceptions for sexual offenders who established a residency before the effective date of the
ordinance;who were minors when they committed the offense; or who established a residence
prior to a school being built within 2,500 of the residence. §21-281,Miami-Dade County Code.
DO?
CASE NO. 09-51205 CA 13
Page 2
IL Legal Standard
As a preliminary matter,the court finds that a motion for judgment on the pleadings may
properly be considered in this case. Judgment on the pleadings can be entered if the merits of the
case can be determined as a matter of law from the pleadings. Trail Burger King,Inc, v. Burger
King of Miami, Inc., 187 So.2d 55, 56 (Fla. 3d DCA 1966). Judgment on the pleadings is
appropriate in this case because the complaint is grounded on a claim of implied preemption and,
thus, presents a pure issue of law. See, Roberts v. Metropolitan Dade County, 354 So.2d 472
(Fla. 3d DCA 1978) ("the trial court did not err in entering a judgment on the pleadings which
determined ... legislative intent.").
Implied preemption is dependent on legislative intent. See, e.g., Lowe v. Broward
County, 766 So.2d 1199, 1207 (Fla. 4th DCA 2000), rev. denied, 789 So. 2d 346 (Fla. 2001).
Legislative intent turns on statutory interpretation and"[s]tatutory interpretation is a question of
law." Bellsouth, Inc. v. Meeks, 863 So.2d 287, 289 (Fla. 2003); see, also Talbott v. American
Isuzu Motors,Inc., 934 So.2d 643,644(Fla.2d DCA 2006) (holding that the question whether a
statute preempts another regulation is a question of law). Accordingly, implied preemption is
usually resolved on a limited record and is often determined by motions to dismiss based solely
on legal argument. See, e.g., State v. Harden, 873 So.2d 352 (Fla. 3d DCA 2004), aff'd, 938
So.2d 480(Fla.2006).
Implied preemption can normally be resolved"strictly based on a review of the plain text
of[the statute] and the plain text of the ordinance...." Phantom of Clearwater, Inc. v. Pinellas
County, 894 So.2d 1011, 1015 (Fla. 2d DCA 2005), approved, Phantom of Brevard, Inc. v.
Brevard County, 3 So.2d 309 (Fla. 2008). Therefore, as stated by the Second District Court of
Appeals, "[i]n light of the legal issues presented—preemption and conflict with state law—the
CASE NO. 09-51205 CA 13
Page 3
purpose of the evidentiary hearing is unclear." Browning v. Sarasota Alliance for Fair Elections,
Inc., 968 So.2d 637, 642 n.2(Fla. 2d DCA 2007).
Plaintiffs bear a heavy burden of persuasion because"[i]mplied preemption is disfavored
in Florida." Meteor Motors, Inc. v. Thompson Halbach &Assoc., 914 So.2d 479, 483 (Fla. 4th
DCA 2005. Kligelf v. State Office of Fin. Reg., 876 So.2d 36, 38 (Fla. 46 DCA 2004) ("The
Florida Supreme Court has made clear that implied preemption is not favored under Florida
law.").
Implied preemption is disfavored for two reasons. First, the Florida Constitution and law
reflect a strong commitment to self-government at the local level and, therefore, "courts should
be careful in imputing intent on behalf of the Legislature to preclude a local elected governing
body from exercising its home rule powers."Lowe v. Broward County, 766 So.2d 1199, 1207
(Fla. 4th DCA 2000), rev. denied, 789 So.2d 346 (Fla. 2001). Second, the courts are
understandably reluctant to preclude local self-government based on legislative silence because
"if the legislature can easily create express preemption by including clear language in a statute,
there is little justification for the courts to insert such words into a statute." Phantom of
Clearwater, Inc. v. Pinellas County, 894 So.2d 1011, 1019(Fla. 2d DCA 2005), approved, 3
So.2d 309 (Fla. 2008). As a result, in Florida, implied preemption has been found only once at
the appellate level and it has been rejected over eighteen times.2
III. Analysis of Implied Preemption
To determine if the Legislature intended to impliedly preempt a local ordinance, courts
use a two pronged test: "Implied preemption should be found to exist only in cases where the
sFor a list of these cases,see Appendix"A"to this Order.
CASE NO. 09-51205 CA 13
Page 4
legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and
where strong public policy reasons exist for finding such an area to be preempted by the
Legislature." Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical
Center, Inc.,681 So.2d 826, 831 (Fla. 1# DCA 1996) (emphasis added), Because implied
preemption is disfavored,.the Supreme Court has emphasized that it can be found only"so long
as it is clear that the legislature has clearly preempted local regulation of the subject" City of
Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006) (reversing court that found implied
preemption)(emphasis added).
A. Florida Sexual Offender Laws are Not Sufficiently Pervasive to Clearly
Indicate Preemptive Intent .
Plaintiffs contend that the statutes governing sexual offenders are so pervasive that they
indicate the Legislature intended to occupy the field and preclude any local ordinances. 'It is
certainly true that the.Legislature has passed laws regarding sexual offenders such as making
sexual molestation of children a ciiLue; providing for penalties, parole, and probation; requiring
released felons to register their residences; providing for community notification about sexual
offenders' crimes and addresses;and prohibiting released felons from living within 1,000 feet of
schools, day cares, parks, or playgrounds. See, e.g., §§ 775.21, 775.24, 794.065, 943.0435,
943.04351, 943.04352, 943.04353, 943.04354, 943.0436, 948.30, 948.31, 948.32, Fla. Stat.
Under Florida's standard for implied preemption, however, these statutes are not sufficiently
pervasive to demonstrate that the legislature has clearly preempted local regulation of the
subject. These statutes are substantially less pervasive and comprehensive than the laws
governing marriage, divorce, and family at issue in Lowe v. Braward County, 766 So.2d 1199
aa�
CASE NO. 09-51205 CA 13
Page 5
(4th DCA 2000), rev ii denied, 789 So.2d 346 (Fla. 2001). Notwithstanding the fact that the
marriage and family laws at issue in Lowe cover five separate chapters of Florida Statutes and
span over 107 pages, the Fourth District Court of Appeals held that such comprehensive laws did
not impliedly preempt a county from enacting an ordinance extending benefits to domestic
partners.
In Hillsborough County v.Fla. Rest. Ass'n, 603 So.2d 587 (Fla.2d DCA 1992), the Court
held that the state's comprehensive laws governing the sale of food and alcohol (which cover
over eleven separate chapters of Florida Statutes and span over 159 pages)should not be read to
preempt by implication an ordinance requiring notice to pregnant women of the dangers of
alcohol. Similarly, the Third District Court of Appeals found that the extensive and
comprehensive statutes governing condominiums (which cover six chapters of Florida Statutes
and span more than 210 pages) did not preempt a city ordinance governing condominium
conversions. City of Miami Beach v.Rocco Corp.,404 So.2d 1066(Fla.3d DCA 1981).
Florida's sexual offender laws are not sufficiently pervasive to support a finding of clear
legislative intent to preempt local ordinances. As explained by the Supreme Court, Florida law
requires"a more restrictive application of the preemption doctrine, precluding preemption and
leaving `home rule' to [local governments] unless the legislature has expressly said
otherwise." Tribune Co. v. Cannella, 458 So.2d 1075, 1077(Fla. 1984) (emphasis added). See,
also Kurtz v. City of North Miami, 625 So.2d 899, 900 n.l (Fla. 3d DCA 1993), rev'd on other
grounds, 653 So.2d 1025 (Fla. 1995) (finding that the Florida Clean Indoor Air Act, § 386.202,
Fla. Stat.does not preempt a municipal administrative order governing hiring of smokers).
B. Florida Legislative History Indicates No Intention to Preempt
. i
CASE NO. 09-51205 CA 13
Page 6
The legislative history of Florida's sexual offender statutes suggests that Florida's
Legislature did not intend to preempt local residency ordinances. Florida's legislative history
demonstrates that the Legislature has had ample opportunities to preempt local sexual offender
residency ordinances, but has chosen not to do so. Indeed, in the 2006, 2007, 2008, and 2009
Legislative Sessions, the Legislature considered and rejected numerous bills which would have
expressly preempted local sexual offender residency ordinances.3 As reasoned by Judge Wolf in
Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc., 681
So.2d 826, 831 (Fla. 1st DCA 1996), "if the legislature can easily create express preemption by
including clear language in a statute,there is little justification for the courts to insert such words
into a statute." Phantom of Clearwater, Inc. v. Pinellas County, 894 So.2d 1011, 1019(Fla. 2d
DCA 2005),approved, 3 So. 2d 309(Fla.2008);see also Homestead Hosp., Inc. v. Miami Dade
County, 829 So.2d 259, 264(Fla. 3d DCA 2002) (holding that the Legislature's refusal to sever
certain statutory language indicated its intent that such language not be severed). For the same
reason,there is little justification in this case to insert words of preemption into the statutes sub
. judice.
Furthermore, on September 15,2009, Florida Representative Glorioso filed a bill seeking
to, inter alia, preempt local sexual offender residency ordinances. HB 119 (2010). Thus, it
appears the Legislature does not consider local ordinances on this subject to be preempted and
3Fla. HB 591, 2d Eng. (Reg. Sess.2006); Fla. SB 768 (Reg. Sess. 2006); Fla.HB 339 CS
(Reg. Sass.2006);Fla.HB 59 (Reg. Sess. 2007);Fla.HB 533, §3 (Reg. Sess. Reg. Secs.2007);
Fla.HB 683, § 2 (Reg. Sess. 2007); Fla. SB 2608 (Reg. Sess. 2207); Fla. CS for SB 2490(Reg.
Sess. 2008); Fla. CS for CS for SB 1430§ 2(Reg, Sess. 2009);Fla. CS for CS for SB 320(Reg.
Sess.2009).
•
LASE NO. 09-51205 CA 13
Page 7
continues to contemplate whether to explicitly preempt local sexual offender residency
ordinances.
Plaintiffs in this case are asking that the court read into the statute preemption language
that the Legislature has considered and has, thus far, chosen not to add. In the words of the
Third District Court of Appeals, "[o]bviously the legislature knew how to forbid local intrusion
into regulation of this subject matter if it wished. Particularly in view of the settled rules which
require that any such language be strictly construed, we decline to read such a provision into a
statutory sites where it so obviously and pointedly does not appear." Metropolitan Dade County
v. Santos,430 So.2d 506, 508(Fla. 3d DCA 1983) (finding Legislative silence did not amount to
implied preemption of ordinance that was stricter than statute).
This Iegislative history demonstrates this case does not fit the narrow exception that
recognizes implied preemption only when`it is clear that the legislature has clearly preempted
local regulation of the subject." Mulligan,934 So.2d at 1243 (emphasis added). It can hardly be
said that the Legislature "clearly" intended to impliedly preempt local ordinances when it
repeatedly considered,but declined to do so expressly.
IV. Statewide Uniformity
Plaintiffs make various public policy arguments that the preemption of local sexual
offender residency ordinances would be in the best interest of sexual offenders and their potential
victims, however, as the First District Court of Appeals has stated: "Implied preemption should
be found to exist only in cases where the legislative scheme is so pervasive as to evidence an
intent to preempt the particular area, and where strong public policy reasons exist for finding
•
CASE NO. 09-51205 CA 13
Page 8
such an area to be preempted by the Legislature." Tallahassee Memorial Regional Medical
Center, Inc. v. Tallahassee Medical Center, Inc.,681 So.2d 826, 831 (Fla. 1't DCA 1996)
(emphasis added). This court has already found that there is an absence of legislative intent to
preempt local sex offender residency ordinances and,thus,this court will discuss,but not decide
whether preemption is"in the best interest"or not.
There are compelling arguments both for and against statewide uniformity in this area
The overwhelming majority of the Florida county court judges who have examined this issue,for
instance, have felt that some flexibility should be left at the local level "so that the size of the
zones may be set based upon the character of each city or county...." State v. Wilson, Case No.
MM07-011177-BA (Fla. Polk County Ct. March 4, 2009) (holding State did not preempt local
sexual'offender residency ordinances). See, e.g., State v. Chaddoclti 15 Fla. Law Weeldy Supp.
1109a(Miami-Dade County Ct. Sept. 29, 2008); State v. Long, 15 Fla. Law Weeldy Supp. 255
(Fla.Duvall County Ct.Nov. 17,2007).
Furthermore, Florida's strong policy towards local home rule would be contrary to the
view that such decisions should be centralized in Tallahassee. In fact,the Florida Supreme Court
has recognized that local government meetings often provide the best forum for the competing
interests involved to be weighed and resolved in making such decisions. See City of Temple
Terrace v. Hillsborough Ass'n for Retarded Citizens, Inc., 322 So.2d 571, 577(Fla. 2d DCA
1975), aff'd, 332 So.2d 610 (1976) (finding absence of preemption by Legislature and finding
that a state agency's placement of group home was subject to city zoning even though some local
community groups advocated a "not-in-my-backyard"mentality).
Such a need for judicially-mandated statewide uniformity has been found only once and
that was in the area of vote verification. Browning v. Sarasota Alliance for Fair Elections,Inc.,
a)�
L-tSE NO, 09-51205 CA 13
Page 9
968 So.2d 637, 648 (Fla. 2d DCA 2007) ("The regulation of voting cannot be given unequal
application different parts of the state."). While the verification of a vote is not impacted by
local circumstances, the issue of the most effective size of a sexual offender buffer zone may be
impacted by local conditions for the reasons set forth above. Therefore,the need for judicially-
imposed uniformity, while necessary in Browning, is not necessarily applicable in the instant
case.
Conclusion
Based upon the text and legislative history of the state sexual offender laws, the court •
finds as a matter of law that the Legislature did not intend to preempt local sexual offender
residency ordinances. Final judgment on the pleadings is granted against Plaintiffs and for
Miami-Dade County and Miami-Dade County shall go hence without day.
(6
DONE AND ORDERED in Chambers, at Miami, Florida on this � ) day of
September, 2009.
PEDRO :.ECHARTE,JR.
CIR ' COURT JUDGE
Copies to counsel of record
Add On Item 10B
July 8, 2014 BCC Meeting
EXECUTIVE SUMMARY
Recommendation to 1) Direct staff to develop and bring forward a Land Development
Code Amendment regarding the regulation of automobile service stations, including gas
stations, adjacent to residential property which have more than eight (8) fuel pumps or
provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a
resolution to stay the receipt of new applications for development orders regarding
automobile service stations, including gas stations, adjacent to residential property while
the proposed land use regulation is prepared and vetted.
OBJECTIVE: To develop a Land Development Code (LDC) Amendment which would examine
the limitation of automobile service stations, including gas stations, which have more than eight
(8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time to be located
adjacent to residential property. Further, to stay the receipt by the Growth Management Division
of new applications for development orders regarding automobile service stations adjacent to
residential property, while the proposed amendment is prepared and publicly vetted with the
public and through the County's advisory boards.
CONSIDERATIONS: The proposed amendment will examine the intensity, compatibility, and
land use effects of automobile service stations next to residential property and the proposed
land use regulations which will address these impacts. This analysis is relevant because over
time, the conventional automobile service station has transformed both in intensity and in use.
Traditionally, automobile service stations were comprised of a small service department with
limited fueling stations, generally providing for four cars to obtain gas at any one time. Today,
common applications for service stations consist of a large convenience store and a far greater
number of fueling stations. The change in intensity and use of the traditional service station can
be magnified when located next to residential property.
FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land
development code amendments.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Florida's common law recognizes a process known as "Zoning in
Progress" where the local government may stay new applications for development orders as
defined in the LDC while a Board directed regulatory change is underway. Zoning in Progress
is a defense that local governments may assert against a legal claim of vested rights when a
landowner sues to avoid having to comply with a zoning regulation. Such cases arise when
someone applies for zoning approval under the existing set of regulations, but after a change to
those regulations is already formally "in progress". In Smith v. City of Clearwater, 383 So.2d
681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407, the court stated that an applicant is entitled to
a permit under existing regulations only if the proposed regulation that would preclude the
intended use is not "pending" when application is made. A proposed government action is
deemed "pending" if there are active and documented efforts by those authorized to develop
and prepare the proposed regulatory change, and the local governing board or planning board
is aware of these efforts. Smith, supra, at 685. In other words, upon approval of this item and
the proposed resolution, staff will no longer accept applications for new development orders
seeking approval of Automobile Service Stations adjacent to residential property until the Land
Page 1 of 2
7 g /�
Add On Item 10B
July 8, 2014 BCC Meeting
Development Code amendment is heard by the Board. This item is approved as to form and
legality. A majority vote is needed for approval of staff direction and the Resolution, however,
an affirmative vote of four is needed for the future land development code amendment. —JAK
RECOMMENDATION: To 1) Direct staff to develop and bring forward a Land Development
Amendment regarding the regulation of automobile service stations, including gas stations,
adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling
of more than eight (8) cars at any point in time; and 2) Adopt,a resolution to stay the receipt of
new applications for development orders regarding automobile service stations, including gas
stations adjacent to residential property, while the proposed land use regulation is prepared and
vetted.
Prepared By: Commissioner Donna Fiala
Page 2 of 2
RESOLUTION NO. 14-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
DIRECTING COUNTY STAFF TO DEVELOP PROPOSED LAND USE
REGULATIONS RELATING TO THE PROHIBITION OF
AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL
PUMPS, OR WHICH PROVIDE FOR FUELING OF MORE THAN
EIGHT (8) CARS AT ONE TIME, ADJACENT TO RESIDENTIAL
PROPERTY AND THAT SUCH PROPOSED ORDINANCE IS BENG
DRAFTED AND WILL BE PROMPTLY SUBMITTED TO THE BOARD'S
LOCAL PLANNING AGENCY (LPA) FOR ITS CONSIDERATION AND
RECOMMENDATION; DIRECTING THAT THE LPA PROVIDE
RECOMMENDATIONS, AFTER ITS DUE CONSIDERATION WITH
REGARD TO SUCH PROPOSED LAND USE AND DEVELOPMENT
REGULATIONS; DECLARING THAT THE DEVELOPMENT OF SUCH
REGULATIONS AND THE ZONING PROCESS RELATED THERETO
CONSTITUTES "ZONING IN PROGRESS;" DIRECTING THAT
DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE STATIONS
ADJACENT TO RESIDENTIAL PROPERTY NOT BE ISSUED UNTIL
THE "ZONING IN PROGRESS" HAS BEEN COMPLETED BY FINAL
CONSIDERATION OF SUCH PROPOSED LAND USE AND
DEVELOPMENT REGULATIONS BY THE COUNTY.
WHEREAS, the Board of County Commissioners of Collier County ("Board") has
directed County staff to develop proposed land use regulations addressing the regulation of
automobile service stations in certain areas; and
WHEREAS, County staff is in the process of preparing a proposed ordinance addressing
automobile service stations adjacent to residential property; and
WHEREAS, the proposed ordinance will be considered by the County's LPA as required
by the County's Land Development Code; and
WHEREAS, no final consideration or decision can be made by the Board except through
the legally required and publicly advertised Land Development Code amendment process; and
WHEREAS, the County finds that the issuance of any development orders for the
construction of automobile service stations adjacent to residential property during this "zoning in
progress"is detrimental to the best interests of the citizens of the Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1. The Board hereby determines that it is appropriate and in the best interest of the
citizens of Collier County to study, consider and develop land use regulations to address and/or
regulate the construction of automobile service stations adjacent to residential property within
1 of 2
the county. Until such time as the Board has an opportunity to consider the proposed land use
regulations and the recommendations of staff and the LPA, the issuance of development orders,
such as site development plans, for the construction of automobile service stations adjacent to
residential property shall be prohibited, unless an application for said development order is
pending prior to the adoption of this resolution.
2. The Board hereby declares that the process currently in effect with regard to the
development and consideration of land use regulations relating to automobile service stations
constituted"zoning in progress".
3. In the event that any person or entity is denied a development order, including a site
development plan or building permit or other approval as a direct result of the prohibition set
forth above, such person or entity may appeal such denial to the Board of Zoning Appeals. The
fee for such appeal is hereby waived. For any appeal that is filed, the Board shall consider same
in a properly noticed meeting and after due consideration, may authorize the approval of a
development order for an automobile service station upon a fmding that such approval is not
contrary to the long term goals of this Resolution and is not disadvantageous to the health, safety
and welfare of the general public.
THIS RESOLUTION ADOPTED after motion, second and majority vote this
day of , 2014.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
Deputy Clerk TOM HENNING, Chairman
Approved as to form and legality:
Jeffrey A. Klatzkow
County Attorney
CP\14-COA-00209
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COLLIER
El PUINYC ES
July 7, 2014
The Board of County Commissioners
Attn: Chairman Tom Henning
3299 Tamiami Trail East
Suite 303
Naples, FL 34112
Dear Chairman Henning:
In recent months, Collier Resources Company (CRC) has closely followed the public debate
regarding the activities of the Dan A. Hughes Company of Texas (Hughes), which is one of our
lessees, not a contractor as some have reported.
The public debate was initially focused on Hughes's plans to drill an exploratory well in a farm
field adjacent to eastern Golden Gate Estates. More recently, much attention has been paid to a
well that was completed by Hughes in an area south of Lake Trafford. DEP has publicly stated
that Hughes was "caught" using a new and unapproved exploration method when it completed
this well. It is our understanding that Hughes has denied any wrongdoing, and that it asserts that
it has not broken any laws. It is important to note that neither the cease and desist order or the
consent order issued by DEP have asserted any illegal activity.
Regardless, during the months following DEP's initial announcement, we have been highly
concerned by a flurry of inaccurate and misleading media reports regarding a business that CRC
has operated without any issues whatsoever since World War II. The resulting public confusion
has created an environment where a number of groups, well intentioned or otherwise, have made
unsubstantiated and inaccurate claims about unplugged oil wells, oil drilling in the Everglades,
threats to the Florida panther and,most recently, the safety of our drinking water.
When we learned of these allegations — particularly as it relates to clean drinking water -- we
were the first to raise our hands and volunteer to immediately undertake water quality testing and
groundwater modeling in the area adjacent to the Hughes well. We agreed to pay for the testing,
and we also agreed to utilize an independent subject matter expert that has been vetted and
approved by Collier County staff. We would expect the subject matter expert to evaluate all
reasonable recommendations, including recommendations from The Conservancy of Southwest
Florida, regarding the nature and scope of any necessary testing. We only insist that the testing
is to be based on sound science, and that it is guided by modeling and is independently
verifiable. We wholeheartedly endorse DEP's decision to begin its own testing on June 24,
2014, and we look forward to learning of the results as they become available.
2600 Golden Gate Pkwy, Suite 112 •:• Naples,FL 34105 ❖ Tel: (239)262-0900 Fax: (239)262-7378
COLLIER
RES MPCOANY OURCES
In general, it seems that much of the recent controversy stems from the fact that in its first (and
only) exploratory well, Hughes apparently used a well completion method that is new to Florida.
Although this method is very common in other parts of the country, it is a method that DEP has
requested additional time to study. At the June 24, 2014 meeting of the Collier County Board of
Commissioners, Commissioner Hiller requested that CRC meet with Hughes and seek agreement
that this method would no longer be used until such time as DEP has done whatever it needs to
do to determine whether it is an acceptable method or not. CRC agrees with this request, and
Hughes has agreed as well. Additionally, until such time as DEP has issued clear regulations
regarding these new well completion methods, CRC will make sure that any future leases with
third party exploration companies are limited to oil exploration using a "conventional" approach
that has been well accepted and understood in Florida since 1943.
CRC is a dedicated community partner that has been involved in oil exploration and
development in Collier County, Florida for decades. We trace our roots to the founder of Collier
County. This is our home—it is where we live and work and raise our children—and we take the
issue of clean water and public safety very seriously.
Sincerely,
Tom Jones,
Sr. Vice President
Cc:
Commissioner Fred W. Coyle
Commissioner Donna Fiala
Commissioner Georgia Hiller, Esq.
Commissioner Tim Nance
County Manager Leo Ochs, Jr.
2600 Golden Gate Pkwy, Suite 112 ❖ Naples,FL 34105 ❖ Tel: (239)262-0900 Fax: (239) 262-7378
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5t Nola EAST NAPLES - GOLDEN GATE
7024. `4+ FIRE CONTROL AND RESCUE DISTRICTS
41, 14575 Collier Boulevard •Naples,FL 34119
E, R�St,, Phone: (239)348-7540 Fax (239)348-7546 irct
Steve Humping,Chairman Kingman Scheldt,Fin Chief Kevin Gerrity,Chairman
June 30, 2014
Chairman Tom Henning, Commissioner
Board of County Commissioners
3299 Tamiami Trail East, Suite 303
Naples,FL 34114-5736
Honorable Commissioner Henning,
As you are aware, the Board of County Commissioners recently directed County Staff to enter
into discussion with the East Naples(Golden Gate)Fire Control and Rescue District (EN-GG)
for the purpose of developing a Iong-term plan that may lead to the assumption of fire rescue and
life safety services in the Ochopee Fire District. In addition EN-GG is actively preparing for an
August referendum vote to annex the Isles of Capri Fire District into the jurisdictional
boundaries of East Naples.
In anticipation of a successful August referendum and the recent agreement for the EN-GG Fire
Marshal to serve in similar capacity for Collier County including Isles of Capri, Port of the
Islands, Ochopee and County District One, it is in the best interest of all parties to begin
formulating a plan for the immediate assumption of fire inspections quickly as inspections were
included as part of the adopted EN-GG Interlocal Agreements (ILA) entered into with the
County this year.
Allow me to clarify an important point regarding the EN-GG jurisdictional authority to conduct
fire inspections. Although Everglades City is within the area served by the Ochopee Fire
District,the City remains as the Authority Having Jurisdiction (AHJ)regardless of the entity
providing fire protection services(Ochopee). It is not the intention or desire of EN-GG to
assume fire inspection responsibilities within the jurisdictional boundaries of Everglades City.
The Fire District remains committed to providing services to any willing parties or geographical
areas. Under no circumstances is it the Fire District's intention to assume any such
responsibilities as they are not included in the ILA unless requested, and in the best interest of all
parties involved.
The EN-GG Fire District remains committed to cooperating with Collier County to provide fire
marshal oversight services. The Fire District also stands ready to formalize fire inspection and
life safety programs in Isles of Capri, Port of the Islands, County District One and any other
jurisdictional area that your Board may desire.
In closing; it is the Fire District's intention and willingness to begin formal discussion regarding
the long-term delivery of fire rescue and life safety services to the Ochopee Fire District with
Page 1 of 2
5� mitt, EAST NAPLES - GOLDEN GATE 7 %we '
�P.
' \P FIRE CONTROL AND RESCUE DISTRICTS !�
f 14575 Collier Boulevard • Naples,FL 34119
► P
'gyp' J Phone: (239)348-7540 Fax: (239)348-7546
'R ESC
Steve Hemping,Chairman Kingman Schmidt,Fins Chief Ksvin Gerrity,Chairman
respect to Everglades City. We look forward to the continuation of cooperative efforts in effort
to enhance the delivery of fire rescue services to the greater Collier County community. Please,
do not hesitate to contact my office if you should have any questions or desire clarification on
this issue.
'ncer y,
King an D. Schu dt
Fire Chief
CC: East Naples Board of Fire Commissioners
Golden Gate Board of Fire Commissioners
Page 2 of 2
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