Recap 10/28/2014 R COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
October 28, 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 Dev. 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.
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October 28, 2014
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 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Jim Thomas - East Naples United Methodist Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
Commissioner Henning motioned to remand Item #9B back to HEX and
continue Item #11G— Approved 3/2 (Commissioner Hiller and
Commissioner Fiala opposed); Commissioner Nance moved Item
#16A26 to the Regular Agenda as Item #11H; Approved and/or
Adopted w/changes — Approved 4/1 (Commissioner Hiller opposed)
B. September 23, 2014 - BCC/Regular Meeting
Approved as presented — 5/0
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October 28, 2014
C. October 7, 2014 - BCC/Bicycle Safety Workshop
Approved as presented— 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation recognizing the Red Sox Foundation and the Home Base
Program and its mission to heal the invisible wounds of war for post service
members, 9/11 veterans, and their families. To be accepted by General (Ret)
Frederick M. Franks, Jr. Sponsored by Commissioner Hiller.
Adopted— 5/0
B. Proclamation declaring November 15, 2014 as Florida Panther Festival Day.
To be accepted by Tom Trotta, Friends of the Florida Panther Refuge and
Brad Cornell, Audubon Society. Sponsored by Commissioner Nance.
Adopted— 5/0
C. Proclamation designating November 9-15, 2014 as Perioperative Nurse
Week. To be accepted by Linda L Savage, Florida Council of Perioperative
Registered Nurses (FCORN) and President of Shellcoast Association of
Perioperative Registered Nurses; Harriet Garman, member of Board of
Directors and Education Chair of FCORN. Sponsored by Commissioner
Henning.
Adopted— 5/0
D. Proclamation designating November 15-23, 2014 as Hunger and
Homelessness Awareness Week. To be accepted by Angela Fisher,
Executive Director, Collier County Hunger and Homeless Coalition.
Sponsored by the Board of County Commissioners.
Adopted— 5/0
E. Proclamation designating October 2014 as the 40th Anniversary of the Big
Cypress National Preserve. To be accepted by Pedro Ramos, Big Cypress
National Preserve Superintendent. Sponsored by Commissioner Nance.
Adopted— 5/0
5. PRESENTATIONS
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October 28, 2014
A. Recommendation to recognize Becky Erickson, Accounting Technician,
Facilities Management, as the Employee of the Month for September 2014.
Presented
B. Presentation to the Board regarding Collier County's readiness position
regarding the Ebola threat. Presented by Dan Summers, Bureau of
Emergency Services.
Presented
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
Item #8 and Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to consider an ordinance amending Ordinance Number 04-
41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the 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 1 -
General Provisions, including Section 1.08.02 Definitions; Chapter Two -
Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts,
more specifically (1) to amend the permitted uses in the Agricultural and
Estate districts to allow hogs to be kept for show by children enrolled in a 4-
H development program, and (2) to amend the accessory uses in the Estate
District to allow off-site retail sale of fruits, vegetables, and nursery plants
grown on site; Chapter Four - Site Design and Development Standards,
including Section 4.02.07 Standards for Keeping Animals; Chapter Five -
Supplemental Standards, including Section 5.04.05 Temporary Events,
Section 5.05.05 Automobile Service Stations, more specifically, to allow
automobile service stations with more than 8 fuel pumps within 300 feet of
residential property to seek approval as part of a planned unit development
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October 28, 2014
or conditional use; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date.
Remand the Service Station's amendment to the CCPC for further
vetting and forward the two other amendments to the November 18,
2014 BCC Meeting for their second hearing— Approved 5/0
B. This item to be heard at 1:30 p.m. 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. Standard Pacific of Florida
GP, Inc. requests an appeal to the Board of County Commissioners of a final
decision by the Collier County Planning Commission to deny Petition BDE-
PL20130001765 for a 32-foot boat dock extension over the maximum 20-
foot limit allowed by Section 5.03.06 of the Land Development Code for a
total protrusion of 52 feet to accommodate a 42 slip multi-family docking
facility for the benefit of a 19.06 + acre project to be known as Haldeman's
Landing in Sections 11 and 14, Township 50 South, Range 25 East, Collier
County, Florida [Petition ADA-PL20140001454] (Companion to Petition
ST-PL0000896 Haldeman's Landing Special Treatment Permit).
Motion to Remand Item #9B (continue Item #11G) to the Hearing
Examiner for a non-binding recommendation — Approved 3/2
(Commissioner Fiala and Commissioner Hiller opposed)
C. Recommendation to deny the single petition within the 2013 Cycle 3 Growth
Management Plan Amendment for transmittal to the Florida Department of
Economic Opportunity for review and comments response of the Vincentian
Mixed Use Subdistrict, Transmittal Hearing.
Resolution 2014-231: Motion to approve the GMP Amendment —
Adopted 4/1 (Commissioner Henning opposed)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to accept information on the record contrary to
information presented under Agenda Item #10B to present factual
information available by public record regarding the Clerk of Courts
contract for banking services with First Florida Integrity Bank as adopted
under Agenda Item 13.A. at the September 23, 2014 Board Meeting.
(Commissioner Henning)
Presented for informational purposes only
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October 28, 2014
B. Recommendation that the Board of County Commissioners direct staff to
prepare an extension to the bank services agreement with 5/3 Bank to allow
the county to re-solicit the county's bank services contract under the Board
of County Commissioners, and to recognize that the bank services contract
with First Florida Integrity is void since it was procured illegally. 5/3 Bank
notified the County Manager ahead of the 9/23/14 Board meeting that it
agreed to a month-month extension which information was placed on the
record by Commissioner Hiller at the 9/23/14 Board meeting. Contrary to
the County Attorney's statement, no extenuating circumstances existed to
justify waiving the County's Purchasing ordinance and procurement
irregularities committed by the Clerk of Courts in his solicitation of the
banking services contract. Further, that the public record reflects that the
Clerk of Courts allowed First Florida Integrity Bank to modify its
solicitation response after all bank responses were a matter of public record
and the candidate banks had been interviewed, so as to make First Florida
Integrity Bank the lowest net cost bank, a fact known to and ignored by the
County Attorney. No other bank was allowed to modify its' response. That
additionally, First Florida Integrity Bank provided a non-conforming
response in that it did not have a trust company, a requirement to custody the
county's securities; and instead, First Florida Integrity Bank intended to
custody the county securities with a broker-dealer; that no custody
agreement with the third party custodial provider was submitted as required
by the solicitation; that the County Attorney had not even considered this
material deficiency in his review of the First Florida Integrity Bank contract
presented by the Clerk and approved by the Board on 9/23/14. That all these
facts were known by Commissioners Henning, Nance and Fiala before their
vote in favor of First Florida Integrity Bank on 9/23/14 since the evidence
was in the back up material provided by the Clerk, as attachments to his
agenda items. For these and other reasons already noted on the public
record, 5/3 Bank, Wells Fargo and Sun Trust, which competed against First
Florida Integrity Bank, have been irreparably harmed by the sham
procurement of banking services by the Board of County Commissioners
and the Clerk of Courts. (Commissioner Hiller)
Discussed with no further action taken
11. COUNTY MANAGER'S REPORT
A. Recommendation to approve and authorize the Chairman to execute
Contract No. 14-6343 -Tropical Storm (TS) Debbie Naples Beach
Renourishment (Sand Supply and Delivery) to supply and deliver
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October 28, 2014
approximately 78,678 tons of beach quality sand as authorized by the
Federal Emergency Management Agency (FEMA) PW 0679-Naples Beach
Renourishment project to Phillips and Jordan, Inc. for $1,823,635.56
(Project #195-90038), authorize staff to withhold Notice-to-Proceed
issuance until the FEMA PW revision has been issued, authorize all required
budget amendments, and make a finding that this item promotes tourism.
(Gary McAlpin, Growth Management Division Coastal Zone Manager)
Approved 5/0
B. Recommendation to award Invitation to Bid (ITB) 14-6352 - Naples Beach
Renourishment (Sand Placement) to Earth Tech Enterprises, Inc., in the
amount of$748,861.20 to place, grade and transport approximately 78,678
tons of beach quality sand as authorized by the Federal Emergency
Management Agency (FEMA) PW 0679-Naples Beach Renourishment to
repair damages as a result of Tropical Storm Debby (Project 195-90038),
authorize staff to withhold Notice-to-Proceed (NTP) issuance until the
FEMA PW revision has been issued, authorize all required budget
amendments, authorize the Chairman to execute the Agreement, and make a
finding that this item promotes tourism. (Gary McAlpin, Growth
Management Division Coastal Zone Manager)
Approved 5/0
To be heard at 11:00 a.m. (Per Agenda Change Sheet)
C. Recommendation to review and approve the proposed Collier County 2015
State Legislative Priorities. (Debbie Wight, Legislative Affairs Coordinator)
Approved 5/0
D. Recommendation to award Bid Number 14-6316, "Modifications to Clarifier
1 and Bleach Piping System at the South County Water Reclamation
Facility," to Cardinal Contractors, Inc., in the amount of$1,961,000 for
Project Number 73969. (George Yilmaz, Public Utilities Administrator)
Approved 5/0
E. Recommendation to award Bid Number 14-6330, "Master Pump Station 109
Improvements," to Douglas N. Higgins, Inc., in the amount of$1,596,937
under Master Pump Station Technical Support Project Number 70050.
(George Yilmaz, Public Utilities Administrator)
Approved 5/0
F. Recommendation to approve an award for Invitation to Bid #14-6320
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October 28, 2014
"Vanderbilt Beach MSTU Utility Underground Conversion Phase II and III,
Excavation/Boring, Conduit Installation, and Concrete Pad Placement" to
Danella Utility Company in the amount of$2,637,081. (Harry Sells, Public
Transit and Neighborhood Enhancement Department Project Manager)
Motion to approve—Approved 5/0
G. This item to be heard immediately following Item #9B. This item requires
that ex parte disclosure be provided by Commission members. Should a
hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve a Resolution approving a Special Treatment
Development Permit to allow construction of a 42-slip docking facility on
submerged lands adjacent to property owned by Standard Pacific of Florida
with a zoning designation of RMF-6(3) and a Special Treatment Overlay
located in Sections 11 and 14, Township 50 South, Range 25 East, Collier
County, Florida [Petition ST-PL20140000896] (Companion to Petition
ADA-PL20140001454; ST-PL20140000896 shall be heard after ADA-
PL20140001454 and shall not be heard if the companion item is denied).
(Summer Araque, Principal Environmental Specialist)
Motion to Remand Item #9B (continue Item #11G) to the Hearing
Examiner for a non-binding recommendation — Approved 3/2
(Commissioner Fiala and Commissioner Hiller opposed)
Moved from Item #16A26 (Per Commissioner Nance during Agenda Changes)
H. Recommendation to adopt a Resolution for the approval of a Locally Funded
Agreement between the Florida Department of Transportation (hereinafter
FDOT) and Collier County for the painting of traffic signal structures on
FDOT's Project FPID #429120-1-52-01 and to authorize the Chairman to
sign a Resolution and Locally Funded Agreement. (Fiscal Impact: $45,778)
Motion to deny the recommendation and the County Manager to bring
back a policy of best value options — Approved 5/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
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October 28,2014
B. COMMUNITY REDEVELOPMENT AGENCY
To be heard at 2:00 p.m. (Per Agenda Change Sheet)
1) Recommendation that the Community Redevelopment Agency (CRA)
review and accept an offer to purchase CRA owned property in the
Gateway mini-triangle by Fortino Construction & Development, LLC
and Assignee for construction of a mixed-use development project
comprising residential, hotel and rooftop restaurant and retail uses;
authorize the CRA Chairman to execute all documents necessary to
facilitate the sale and authorize staff to deposit the funds received
from the sale into the appropriate account.
Motion to approve the purchase contract in its current form
including the changes that were read into the record during the
meeting with the realtor's commission to be heard at a later date—
Motion Failed 2/3 (Commissioner Henning, Commissioner Hiller
and Commissioner Nance opposed); Motion to bring back the
contract to the November 18, 2014 BCC Meeting — Approved 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
B. Mr. Ochs — Workshop dates to remember December 2, 2014 is with the
City of Marco, February 3, 2015 is with the Library, March 3, 2015 is
with affordable/Workforce Housing
C. Mr. Ochs — Heartfelt thanks to Commissioner Coyle for his public
service
D. Commissioner Nance — Heartfelt thanks to Commissioner Coyle for his
public service
E. Commissioner Nance— Wednesday, November 5, 2014 at 6:30 p.m. the
Collier County Museum will present The French in Florida
F. Commissioner Nance — Friday, February 3, 2015 is the Big Cypress
Birthday Bash at the Museum
G. Commissioner Hiller — Heartfelt thanks to Commissioner Coyle for his
public service
H. Commissioner Hiller— Legislative Priorities
I. Commissioner Henning— Heartfelt thanks to Commissioner Coyle for
his public and work on the Freedom Memorial
J. Commissioner Fiala — Thanks to Mike Sheffield and Troy Miller for
making Collier TV available to the public on Summit Broadband
K. Commissioner Fiala — Request that the County Manager to make the
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October 28, 2014
CRA Operations Manager the CRA Director
L. Commissioner Fiala — Attended the Honor Flight
M. Commissioner Fiala — Heartfelt thanks to Commissioner Coyle for his
public service
N. Commissioner Coyle — Thanks to all
O. Motion to adjourn —Approved 5/0
16. CONSENT AGENDA - ALL MATTERS LISTED UNDER THIS ITEM ARE
CONSIDERED TO BE ROUTINE AND ACTION WILL BE TAKEN BY
ONE MOTION WITHOUT SEPARATE DISCUSSION OF EACH ITEM. IF
DISCUSSION IS DESIRED BY A MEMBER OF THE BOARD, THAT
ITEM(S) WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Approved and/or Adopted w/Changes — Approved 4/1 (Commissioner Hiller
opposed)
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Fairgrove at Talis Park PL20120001256 and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the amount of$4,000 to the Project Engineer or
the Developer's designated agent.
Staff found facilities acceptable upon inspection on July 24, 2014
2) Recommendation to approve final acceptance of the water and sewer
utility facilities for Brightling at Talis Park, PL20120002875, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the amount of$4,000 to the Project Engineer or
the Developer's designated agent.
Staff found facilities acceptable upon inspection on July 29, 2014
3) Recommendation to approve final acceptance of the privately owned
utility facility for Naples/Marco Island KOA Kampground,
PL#20130000303, and authorize the County Manager, or his
designee, to release a Utility Performance Security (UPS) and Final
Obligation Bond in the total amount of$9,125.80 to the Project
Engineer or the Developer's designated agent.
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October 28, 2014
Staff found facilities acceptable at final inspection July 25, 2014
4) Recommendation to approve final acceptance of the sewer utility
facility for Naples/Marco Island KOA Kampground PL20120000060
and to authorize the County Manager, or his designee, to release the
Utilities Performance Security (UPS) and Final Obligation Bond in
the total amount of$4,600 to the Project Engineer or the Developer's
designated agent.
Staff found facilities acceptable upon inspection on July 23, 2014
5) Recommendation to approve final acceptance of the water and sewer
utility facilities for Italia, PL#20130002058.
Located off of Treviso Bay Drive
6) Recommendation to authorize the Clerk of Courts to release
Irrevocable Standby Letter of Credit No. 5195512157667 in the
amount of$25,000 which was posted as a guaranty for Excavation
Permit Number 60.043, (PL20110002185) for work associated with
The Conservancy of Southwest Florida.
Work associated with the security has been inspected and the
developer has fulfilled his commitments
7) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$63,420 which was posted as a
development guaranty for work associated with Maple Ridge at Ave
Maria Phase 2, Early Work Authorization (EWA) PL20130002336.
Work associated with the security has been inspected and the
developer has fulfilled his commitments
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Cambria, (Application Number
PL20120000792) approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
The Developer must receive a Certificate of Adequate Public
Facilities prior to issuance of the construction plan final approval
9) Recommendation to approve one (1) Adopt-A-Road Program
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October 28, 2014
Agreement name change for the road segment of Capri Boulevard,
from the Capri Water Tower to the end of Capri Boulevard, for the
volunteer group Capri Realty and cancel the existing agreement with
Christopher Realty for the same road segment with two (2)
recognition signs at a total cost of$60.
10) Recommendation to cancel the Adopt-a-Road Agreement with
sponsor T. G. I. Friday's and to allow the roadway segment of Golden
Gate Parkway from Airport Road to Livingston Road to become
available for adoption as part of the Adopt-a-Road Program.
No longer wish to participate due to the Naples location closing
11) Recommendation to approve an easement agreement for the purchase
of a road right-of-way, drainage and utility easement (Parcel
268RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. (Project No.
60040.) Estimated Fiscal Impact: $12,987.
Folio #39386640003
12) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
255RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $3,100)
Folio #39323840002
13) Recommendation to approve an easement agreement for the purchase
of two Road Right-of-Way, Drainage and Utility Easements (Parcels
197RDUE and 226RDUE) required for the expansion of Golden Gate
Boulevard from east of Wilson Boulevard to 20th Street East. Project
No. 60040. (Fiscal Impact: Approximately $9,125)
Folio #39261800007 and #39207000007
14) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
173RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: Approximately $2,600).
Folio #37288040004
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October 28, 2014
15) Recommendation to approve an easement agreement for the purchase
of a Road Right-of-Way, Drainage and Utility Easement (Parcel
257RDUE) required for the expansion of Golden Gate Boulevard
from east of Wilson Boulevard to 20th Street East. Project No. 60040
(Fiscal Impact: $3,600).
Folio #39323880004
16) Recommendation to approve and authorize the Chairman to sign an
Interlocal Agreement between the City of Naples and Collier County
for Utility work in the estimated amount of$176,255.77, and reserve
$44,475.71 as a utility allowance, for a total of$220,731.48; as an
integral part of the Collier Boulevard Roadway (Green Boulevard to
Golden Gate Boulevard) improvements, Project No. 68056.
To relocate a City of Naples non-potable water-main in conflict
with plans for a bridge on Green Blvd over the CR951 Canal
17) Recommendation to award Bid #14-6299 to Stage Door II, Inc. for the
"Immokalee Sidewalk Improvements" project for construction of
sidewalk improvements on Second Avenue North, North Second
Street, and Escambia Street in the amount of$306,920.25 (Project
#33329) and recognize and approve a Local Agency Program (LAP)
Agreement schedule change.
LAP Agreement #429897-1-58-01
18) Recommendation to approve a $546,837 Work Order under Request
For Quotation #14-6213-7 to Douglas N. Higgins, Inc., to construct
the stormwater improvements in Golden Gate City (20th Ct. SW, 46th
Terr. SW & 48th St. SW), Project No. 51029.
19) Recommendation to approve South Florida Water Management
District (SFWMD) Agreement No. 4600003145 and to authorize any
necessary budget amendments to recognize grant funding in the
amount of$1,250,000 and to recognize a grant match in the amount of
$3,750,000 for the construction of the Lely Area Stormwater
Improvement Project (LASIP)/County Barn Road Project 33384.
20) Recommendation to approve and authorize the Chairman to sign a
revised Local Area Program (LAP) Agreement with the Florida
Department of Transportation (FDOT) to amend the project's
description and responsibilities of the Agreement; and execute a new
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October 28, 2014
Resolution memorializing the Board's action; for the Design, CEI and
Construction services to add new Bridges in Golden Gate Estates at
8th Street NE, 16th Street NE and 47th Avenue NE. Project 33340.
There is no change to the previously approved FDOT grant funding
for this project.
Resolution 2014-223
21) Recommendation to approve the release of a code enforcement lien
with an accrued value of$20,180.86, for payment of$9,180.86, in the
code enforcement action entitled Board of County Commissioners v.
Park East Dev. Ltd., Code Enforcement Board Case No.
CESD20120006530, relating to property located at 5100 27th Place
SW, Collier County, Florida.
Brought into compliance on April 11, 2013 by the new owner
22) Recommendation to approve the release of a code enforcement lien
with an accrued value of$44,236.80, for payment of$1,036.80, in the
code enforcement action entitled Board of County Commissioners v.
Amerada Hess, Corp., Code Enforcement Board Case No. 2005-38,
relating to property located at 6300 Davis Blvd., Collier County,
Florida.
For violations related to the addition of panels to a pole sign
without a valid county permit
23) Recommendation to approve the release of a code enforcement lien
with an accrued value of$71,229.36, for payment of$679.36, in the
code enforcement action entitled Board of County Commissioners v.
Jennifer Kennedy, Code Enforcement Special Magistrate Case No.
CEPM20140005517, relating to property located at 3156 55th Terrace
SW, Collier County, Florida.
Violation for failure to have electricity in an occupied dwelling
24) Recommendation to approve an Adopt-A-Road Program Agreement
for the segment of Immokalee Road from Wilson Boulevard to Rock
Road, with two (2) recognition signs at a total cost of$60 with the
volunteer group, Golden Gate Traffic School.
25) Recommendation to further streamline the building permit process by
offering the customer the added convenience of electronically
forwarding the Notice of Commencement (NOC) to the Clerk of
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October 28, 2014
Courts for recording. A $5 NOC convenience fee for this optional
service is recommended to offset processing costs, pursuant to Section
2-11 of the Collier County Administrative Code.
Resolution 2014-224
Moved to Item #11H (Per Commissioner Nance during Agenda Changes)
26) Recommendation to adopt a Resolution for the approval of a Locally
Funded Agreement between the Florida Department of
Transportation (hereinafter FDOT) and Collier County for the
painting of traffic signal structures on FDOT's Project FPID #429120-
1-52-01 and to authorize the Chairman to sign a Resolution and the
Locally Funded Agreement. (Fiscal Impact ($45,778)
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Invitation to Bid Number 14-6340, "Small
Meters Change Out," to Vanguard Utility Service, Inc., in the amount
of$363,648.22 for Project Number 70010, "Meter Renewal and
Replacement Project."
Replacing 10,000 potable water meters throughout Collier
County's Water-Sewer District
2) Recommendation to approve a $363,559 work order under Request
for Quotation #14-6213-6 to Douglas N. Higgins, Inc., to install a new
wastewater force main from Victoria Park to Goodlette Frank Road
under North County Water Reclamation Facility Technical Support
Project Number 73968.
Increasing operational flexibility by providing connections to two
transmission mains on Goodlette Frank Road
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and authorize the Chairman to sign three
Memorandums of Agreement with the Florida Fish and Wildlife
Conservation Commission to allow youth hunts for Collier County
residents at Pepper Ranch Preserve in November 2014, January 2015,
and February 2015.
W/stipulations
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October 28, 2014
2) Recommendation to approve and authorize payment to Florida Power
& Light Company in the amount of$7,782 for a non-refundable
Engineering Deposit required for design plans for Phase IV of the
Vanderbilt Beach Municipal Service Taxing Unit Aerial to
Underground Conversion Project.
To complete hurricane hardening and area beautification
3) Recommendation to approve First Amendment to the Agreement for
Child Advocacy Supervised Visitation with Collier County Child
Advocacy Council, Inc. d/b/a Children's Advocacy Center funded by
the Department of Justice Office of Violence Against Women.
Adjustments to the contract are needed to include and allocate
funds not fully expended in the October 1, 2009 — September 20,
2012 portion of the award
4) Recommendation to approve two substantial amendments to the U.S.
Department of Housing and Urban Development (HUD) Community
Development Block Grant FY2011-2012 HUD Annual Action Plan.
Amendments to each of the Annual Action Plans is required to
identify unspent funds from FY2011-2012
5) Recommendation to approve and authorize the Chairman to sign a
release of lien for Countywide impact fee deferral.
Property located at 4420 Botanical Place, Unit 104
6) Recommendation to grant an exception to the suspension of the Short
Sale Policy for a satisfaction of mortgage for State Housing Initiatives
Partnership Program loan, accepting $1,500 to satisfy the $15,000
value of the initial mortgage.
For a homeowner who can no longer afford to live in her home
which is in foreclosure
7) Recommendation to award the Invitation To Bid No. 14-6248
"Pharmacy Services" to Woolley's Pharmacy, Inc. and Collier Health
Services, Inc.
Providing prescription services for indigent and uninsured
residents in the County
8) Recommendation to approve the MakerLab Club Application with 3D
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October 28, 2014
Systems Inc. in order for the Collier County Public Library to receive
four 3D printers for public programming use with a value of$4,000.
The Friends of the Library will provide replacement supplies as
needed
9) Recommendation to award RFP #14-6332 for Exotic Vegetation
Removal to six firms (in no particular order): Collier Environmental
Services; EarthBalance; Earth Tech Environmental, LLC;
Environmental Restoration Consultants, Inc.; Kevin Erwin Consulting
Ecologist, Inc.; and Sandhill Environmental Services, LLC and
authorize the Chairman to execute a standard County contract.
10) Recommendation to appropriate $36,000 from Museum Reserves to
purchase and improve Vacant Lot #8374156004 in Everglades City,
accept donation of$30,000 from the Friends of the Museum of the
Everglades towards acquisition of the property, approve all
transaction documents, and approve the attached budget amendments.
Will be used for visitor parking for the museum
11) Recommendation to approve the FY 14-15 contract with the State of
Florida Department of Health for the operation of the Collier County
Health Department in the amount of$1,289,500.
Providing funds and facilities for public health services
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the sale of and disposal of surplus assets
per Resolution 2013-095.
Due to remodeling the CAT Facility on Radio Road and limited
storage, two fixed-route buses replaced in June 2014 need to be
sold before the March 2015 auction
2) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
renew the North Naples Fire Control and Rescue District's Certificate
of Public Convenience and Necessity for Advanced Life Support non-
transport services for one year and authorize the Chairman to execute
the Permit and Certificate.
For Class 3 ALS Support non-transport services for a 1-year
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October 28, 2014
period
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
Resolution 2014-225
G. AIRPORT AUTHORITY
1) Recommendation to approve and execute an Amendment to Collier
County Airport Authority Standard Form Lease for Salazar Machine
& Steel, Inc. revising the liability insurance requirements.
Removing pollution and automobile liability coverage from the
agreement
2) Recommendation to approve and execute an Amendment to Collier
County Airport Authority Standard Form Lease for Fletcher Flying
Services, Inc. revising the liability insurance requirements related to
the mobile office structure.
Removing extended insurance coverage for business automobiles
and pollution for this small ancillary facility which is not used by
the general public
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint member to the Immokalee
Beautification MSTU Advisory Committee.
Resolution 2014-226: Re-appointing Andrea Halman to a four
year term expiring on September 23, 2018
2) Recommendation to reappoint one member to the Collier County
Citizens Corps.
Resolution 2014-227: Re-appointing Lt. Col. Lee Henderson to a
four year term expiring on November 5, 2018
3) Recommendation to appoint two members to the Affordable Housing
Advisory Committee.
Resolution 2014-228: Appointing Irma R. Miller and Shaun
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October 28,2014
McManus
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 9, 2014 through
October 15, 2014.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 16, 2014 through
October 22, 2014.
3) Recommendation to endorse the United States Department of Justice
and United States Department of Treasury combined Equitable
Sharing Agreement and Certification through September 2015.
Required to be submitted annually
K. COUNTY ATTORNEY
1) Recommendation to authorize an increase to the purchase order for
Nabors, Giblin & Nickerson, P.A. ("Nabors Giblin") relating to legal
services in the case of Collier County v. Orange Tree Utility Co., et al,
Case No. 2014-CA-001434.
An increase of$50,000.00 for scheduled hearings
2) Recommendation to approve an Amendment to Agreement for Legal
Services for the Retention Agreement with Baker, Donelson,
Bearman, Caldwell & Berkowitz, P.C. by changing the date of the
Agreement to be September 1, 2014 to September 1, 2016 and by
amending Exhibit "A."
3) Recommendation to approve a Mediated Settlement Agreement in the
amount of$140,000 along with statutory attorney's fees for the
acquisition of Parcel 116RDUE in the lawsuit styled Collier County v.
Kaye Homes, Inc., et al, Case No. 10-CA-2680, for the Collier
Boulevard expansion (Project No. 68056) (Fiscal Impact $80,683.75).
Located off of White Blvd
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October 28, 2014
4) Recommendation to approve a Mediated Settlement Agreement in the
amount of$20,000 along with statutory attorney's fees for the
acquisition of Parcel 117RDUE in the lawsuit styled Collier County v.
Timothy Maloney, et al, Case No. 10-CA-2690, for the Collier
Boulevard expansion (Project No. 68056) (Fiscal Impact $14,783).
Located off of White Blvd
5) Recommendation to approve a Stipulated Final Judgment as to RTG,
LLC, for Attorney's Fees and Expert Fees and Costs related to the
Taking of Parcels 119FEE and 119TCE in the case styled Collier
County v. RTG, LLC, et al., Case No. 13-CA-259, relating to the
intersection improvements at SR 951 (Collier Blvd.) and US 41
(Project No. 60116) (Fiscal Impact $16,000).
6) Recommendation to authorize the County Attorney's Office to make
an Offer of Judgment to Party Defendant, Pinegate 135, LLC, in the
amount of$40,001 to settle any and all apportionment claims related
to the taking of Parcels 150FEE, 150SE and 150TCE in the lawsuit
styled Collier County v. LDJ Associates, Ltd., et al., Case No. 13-CA-
1238 (Collier Boulevard Expansion Project No. 68056 from Green
Boulevard to Golden Gate Boulevard). Fiscal Impact: $40,001 plus
attorney fees as may be awarded by the court in accordance with
Section 73.092(2).
7) Recommendation to approve and authorize the Chairman to sign and
record two (2) Satisfaction of Final Judgment forms in the case of
Orange Tree Utility Co. ("OTU") v. Collier County, Case No. 2007-
CA-002333, for the payment of Trial Level and Appellate Level
Attorneys' Fees and Costs by OTU to Collier County in the total
amount, including accrued interest, of$302,938.25.
On October 13, 2014, Orange Tree Utility Company paid the
satisfaction of the judgments in full
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
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October 28, 2014
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.
Adopted— 4/1 (Commissioner Hiller opposed)
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve a resolution
amending Development Order 84-1, as amended, for the Toll Gate
Commercial Center Development of Regional Impact by providing for:
Section One, Amendments to Development Order by extending the
expiration date and the build-out date to August 1, 2021; Section Two,
Findings of Fact; Section Three, Conclusions of Law; and Section Four,
Effect of Previously Issued Development Orders, Transmittal to Department
of Economic Opportunity and Effective Date. The subject property is at the
intersection of Collier Boulevard and Beck Boulevard in Section 35,
Township 49 South, Range 26 East, and Section 2, Township 50 South,
Range 26 East, Collier County, Florida [Petition DOA-PL20140000561].
Development Order #2014-02/Resolution 2014-229
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to 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 a Commercial
Professional and General Office zoning district within the Gateway Triangle
Mixed Use Overlay - Mixed Use subdistrict (C-1-GTMUD-MXD) and a
Residential Multi-Family-6 zoning district within the Gateway Triangle
Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R) to a
Residential Multi-Family-6 zoning district within the Gateway Triangle
Mixed Use Overlay - Residential subdistrict (RMF-6-GTMUD-R) for a
project known as Breeze of Calusa, located on three parcels just south of
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October 28, 2014
Calusa Avenue and west of Airport Pulling Road in Section 11, Township
50 South, Range 25 East, Collier County, Florida, consisting of 4.69+/- acres
subject to conditions; and by providing an effective date [RZ-
PL20130001752].
Ordinance 2014-38
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
Resolution 2014-230
18. ADJOURN — Motion to adjourn — Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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October 28, 2014