Backup Documents 05/12/2015 Recap 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
May 12, 2015
9:00 AM
Commissioner Tim Nance, District 5— BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair
Commissioner Tom Henning, District 3 — PSCC Chair
Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER 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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
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
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May 12,2015
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.
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.
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 DIVISION 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 DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Edward Gleason - Trinity By The Cove Episcopal Church
Invocation given
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.)
Approved and/or Adopted w/changes — 5/0
B. April 14, 2015 - BCC/Regular Meeting
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May 12, 2015
Approved as presented — 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating May 18-24 as Water Reuse Week in Collier
County. To be accepted by Dr. George Yilmaz, Public Utilities Department
Head; Lisa Koehler, Big Cypress Basin Administrator; Lizabeth Johnssen,
Wastewater Division Director; and Joseph Bellone, Public Utilities
Operations Support Director.
Adopted — 5/0
B. Proclamation designating May 17-23 as Emergency Medical Services Week
in Collier County, in recognition of the dedication of all emergency medical
professionals serving in a variety of roles. To be accepted by Walter Kopka,
Chief, Collier County EMS.
Adopted — 5/0
C. Proclamation recognizing the Collier County Procurement Services Division
for receiving the Outstanding Agency Accreditation Achievement Award by
the National Institute of Governmental Purchasing. To be accepted by
Joanne Markiewicz, Division Director, Collier County Procurement Services
and staff.
Adopted — 5/0
D. Proclamation designating May 11-17 as Salvation Army Week in Collier
County. To be accepted by Major Francina Proctor, Associate Regional
Coordinator, Salvation Army of Collier County and Alisa Marie Coccari,
Communications, Salvation Army of Collier County.
Adopted — 5/0
E. Proclamation designating May 2015 as National Drug Court Awareness
Month in Collier County. To be accepted by The Honorable Janeice Martin,
Presiding Judge; Ashley Swan, Case Manager; members of the Drug Court
team and many participants.
Adopted — 5/0
F. Proclamation designating May 2015 as Motor Cycle Safety Month and to
promote motorcycle awareness and safety in Collier County. To be accepted
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May 12, 2015
by representatives of American Bikers Aimed Toward Education - ABATE
of Florida Inc. — Gator Alley Chapter: Lynn Corr, Legislative Trustee;
Laurajo Smith, Communications; and William "Riffraff' Breen, Safety
Director.
Adopted — 5/0
G. Proclamation designating May 17-23 as International Association of
Insurance Professionals Week in Collier County. To be accepted by Belinda
Zivich, President of Insurance Professionals of Collier County.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for May 2015 to
NCH Healthcare Systems. To be accepted by Dr. Allen Weiss, President and
CEO; Dr. Frank Astor, Chief Medical Officer; Renee Thigpen, Associate
Chief Human Resources Officer; Michelle Zech, Director of Human
Resources; Vicki Thompson, HR Business Partner II; Donna Wisniewski,
HR Business Partner; and Kristi Bartlett, Vice President, Business
Development, Greater Naples Chamber of Commerce.
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
A. Marlene Gargan - The Board's disrespect towards public speakers
B. Jennifer Hecker— Response to remarks from the Board's earlier
comments about the Conservancy and about fracking concerns
C. Dr. John Dwyer — Fracking concerns
D. Dr. Karen Dwyer— Fracking concerns
E. Pamela Duran — Fracking concerns
F. Jaime Duran — Fracking concerns
G. Judith Dempsey — Comments about creating a Blue Zone and safety of
drinking water
H. Donna Knapp — Fracking concerns and ground water contamination
I. Arenza Thigpen, Jr. — Fracking concerns
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May 12, 2015
Items #8 and #9 to be heard no sooner than 1:30 pin unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 9:30 a.m. Recommendation to deny single,
2014 Cycle 1 Growth Management Plan Amendment Petition
P1201400001 1 3/CP-2014-2 specific to the San Marino Planned Unit
Development. (Adoption Hearing) (Companion to rezone Petition PUDA-
PL20140000100, San Marino Planned Unit Development)
Ordinance 2015-29: Motion to approve Petition — Adopted 4/1
(Commissioner Taylor opposed)
B. This item to be heard immediately following Item #9A. 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 2000-10, the San Marino Planned Unit Development, by increasing
the maximum dwelling units from 352 to 650; by removing the Golf Course
Uses; by establishing two Development Parcels as Parcel A and Parcel B; by
adding Permitted Uses for Parcel B; by adding Development Standards for
Parcel B; by adding Deviations; by revising the Master Plan; by revising
Developer Commitments for the PUD located on the east side of CR 951
approximately 1 .5 miles south of Davis Boulevard in Section 11, Township
50 South, Range 26 East, Collier County Florida consisting of 235+ acres;
and by providing an effective date. (Petition PUDA-PL20140000100)
[Companion to CP-2014-2/PL20140000113]
Ordinance 2015-30 Adopted - 4/1 (Commissioner Taylor opposed)
C. This item had been continued from the April 28, 2015 BCC Meeting,
and is further continued to the May 26, 2015 BCC Meeting.
Recommendation to deny a single, 2013 Cycle 3 Growth Management Plan
Amendment specific to the Vincentian Mixed Use Subdistrict petition.
(Adoption Hearing) (Companion to Rezone Petition PUDZ-
PL20130001726, Vincentian Village Mixed Use Planned Unit
Development)
D. This item had been continued from the April 28, 2015 BCC Meeting,
and is further continued to the May 26, 2015 BCC Meeting. This item
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May 12, 2015
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 of the Board of
County Commissioners of Collier County, Florida amending Ordinance
Number 2004-41, as amended, the Collier County Land Development Code,
which established 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 Planned Unit Development (PUD) zoning district to a
Mixed Use Planned Unit Development (MPUD) zoning district for a project
to be known as the Vincentian Village MPUD, to allow construction of a
maximum of 224 multifamily residential dwelling units, up to 250,000 gross
square feet of commercial land uses, and a hotel limited to 150 rooms and an
assisted living facility (ALF) at 0.6 FAR. The commercial uses are subject to
conversions and limitations if the project is developed as mixed use or if a
hotel or ALF is constructed. The subject property is located at the southeast
corner of Southwest Boulevard and U.S. 41 in Section 32, Township 50
South, Range 26 East, Collier County, Florida, consisting of 30.68+/- acres;
providing for the repeal of Ordinance Number 99-37, the Vincentian PUD;
and by providing an effective date. [PUDZ-PL20130001726. This is a
companion to the Growth Management Plan Amendment establishing the
Vincentian Mixed Use Subdistrict, PL20130001767/CP-2013-10]
Moved from Item #17A and to be heard immediately following Item #9B
(Per Agenda Change Sheet)
E. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which includes 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 the Estates (E) zoning district to a
Residential Planned Unit Development (RPUD) zoning district to be known
as the Avalon of Naples RPUD to allow a maximum of 160 multi-family
residential dwelling units, or 82 single-family residential dwelling units.
The subject property, consisting of 22.83+ acres, is located on the southeast
quadrant of the intersection of Davis Boulevard (SR 84) and County Barn
Road in Section 8, Township 50 South, Range 26 East, Collier County,
Florida and by providing an effective date. [PUDZ-PL20140001 179]
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May 12, 2015
Ordinance 2015-31 Adopted - 4/1 (Commissioner Henning opposed)
Moved from Item #17B (Per Agenda Change Sheet)
F. This item was continued from the April 14, 2015 BCC Meeting, then
again from the April 28, 2015 BCC Meeting. 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 Petition VAC-PL20140000235, to vacate
the 2.35-foot wide conservation easement as recorded in Official Record
Book 4251, Page 1007 through 1018, public records of Collier County,
Florida, being a part of Tract M-1, Stella Maris, and approve an Amendment
to the Settlement Agreement and General Release, dated June 26, 2007, as
recorded in Official Record Book 4251, Pages 1019 through 1024.
Resolution 2015-95 Adopted — 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to consider setting a time certain in Board of County
Commissioner Meetings of 1 :00 pm for public comment for items not on the
agenda and, in addition, when a Board of County Commission Meeting ends
before 1 :00 pm, it will reconvene at 1 :00 pm for the purpose of hearing
public comments. (Commissioner Taylor)
Motion to not approve — Approved 4/1 (Commissioner Taylor opposed)
B. Recommendation to authorize the County Attorney to advertise for future
consideration an ordinance amending Ordinance No. 2005-54 with direction
to include revision to Section Nineteen to meet updated market standards for
landscape recycling. (Commissioner Henning)
Approved — 5/0
11. COUNTY MANAGER'S REPORT
Added (Per Agenda Change Sheet)
A. Recommendation that the Board declare a public emergency with respect
to bridge repairs needed for Bridge Number 030137 on CR-846 identified
by the recent Florida Department of Transportation (FDOT) inspection,
approve installation of vehicle restriction signs, waive the Purchasing
Ordinance in the best interest of the County and authorize staff to proceed
with a design-build temporary bridge repair with a vendor that can complete
the work on the most expedited schedule.
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May 12, 2015
Motion to approve Option #2 — Approved 5/0
Moved from Item #16E6 (Per Commissioner Taylor during agenda changes)
B. Recommendation that the Board affirms and confirms its prior authorization
to purchase original equipment manufacturer (OEM) parts from local Ford
dealerships until a new solicitation can be finalized, whether or not the
expenditures exceed $50,000, and direct Finance to promptly pay all
outstanding and future invoices that are otherwise appropriate.
Motion to pay invoices to date and for staff to bring expenditures over
$50,000 back to the Board for ratification — Approved 4/1
(Commissioner Taylor opposed)
Moved from Item #16F2 (Per Commissioner Henning during agenda changes)
C. Recommendation pursuant to Collier County Resolution No. 95-632, that
the Board of County Commissioners acknowledges the selection of outside
counsel and approves payment of counsel identified in the back-up materials
to this item to represent Leo Ochs and Joanne Markiewicz in the case styled
Dwight E. Brock v. Leo E. Ochs, Jr., as Manager/Administrator of Collier
County and Joanne Markiewicz, as Purchasing and General Services
Division Director, Case No. 11-2015-CA-000595-0001-XX, in the Circuit
Court of the Twentieth Judicial District in and for Collier County, Florida,
and in addition to waive the Purchasing Policy to the extent it applies to the
selection of outside counsel and/or otherwise exempt the selection of outside
counsel from competition pursuant to Purchasing Ordinance Section
Eleven, Procurement of Professional Services.
Approved — 4/1 (Commissioner Henning opposed)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
accept staff and the MSTU Advisory Board's response to Mr. Bob
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Messmer's public comments at the April 28, 2015 BCC Meeting.
Motion to accept staffs response — Approved 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
• June 2, 2015 Fire Service Proposals
• October 6, 2015 Water Resources
• November 3, 2015 Median Landscape Options
B. Commissioner Taylor— Climate Friendly Landscape options; Process
and responsibility of the Chair; Non-payment for invoices over $50,000
by the Clerk's office
C. Commissioner Fiala — Re-creating the Hispanic Affairs Advisory
Board/Multi-Cultural Board
D. Commissioner Nance — Attended the Hispanic Institute Event at Hodges
University on May 5, 2015; Honor Flight photo shown
E. Commissioner Hiller— Engagement Letter regarding the internal audit
of BQ Concrete; Statute regarding check signing; Status of Internal
Audit of Fleet Management
F. Commissioner Henning— Comments made by Jennifer Hecker
regarding Legislative priorities
G. Commissioner Fiala — Motion to Adjourn — Consensus (Commissioner
Henning and Commissioner Hiller absent)
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 — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the sewer utility
facility for Torino and Miramonte at Grey Oaks AR-11363 and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000 to the Project Engineer
or the Developer's designated agent.
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May 12, 2015
Staffs final inspection on December 18, 2013 found the facilities
satisfactory and acceptable
2) Recommendation to approve final acceptance of the water utility
facility for Hacienda Lakes, PL20130002446 and authorize the
County Manager, or his designee, to release the Utilities Performance
Security (UPS) and Final Obligation Bond in the total amount of
$27,881 .46 to the Project Engineer or Developer's designated agent.
Staffs final inspection on January 29, 2015 found the facilities
satisfactory and acceptable
3) Recommendation to accept a Resolution Amending Exhibit "A"
to Resolution No. 2013-239, the list of speed limits on County
maintained roads, to establish a speed limit of forty (40) mph for
Hacienda Boulevard (f/k/a Benfield Road), approximately 1-mile east
of Collier Boulevard (CR 951) from Rattlesnake Hammock Road to
a point approximately 1 .5 miles north.
Resolution 2015-87
4) Recommendation to approve selection committee rankings and
authorize staff to enter into contract negotiations with the number
one ranked firm, High Spans Engineering, Inc., for RFP #15-6372,
"Verification Testing for Golden Gate Blvd. Design Build", Project
#60040.
For widening Golden Gate Boulevard from Wilson Boulevard to
16th Street with work that involves comparing test data to comply
with contract requirements and in accordance with material
specifications
5) Recommendation to approve payment for a Joint Coastal Permit in the
amount of$22,970 for the 15-year FDEP permit under DEP File No.
0311817-001-1C for beach renourishment, authorize all necessary
budget amendments, and make a finding that this item promotes
tourism. (Project No. 80165)
Approval will allow continued development and processing of
the permit application
6) Recommendation to approve a waiver, in accordance with the
guidelines set forth in the Advance Street Name Sign Guidelines
policy and Resolution Number 2012-114, for the placement of
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May 12, 2015
advance street name guide signs along Collier Boulevard (CR 951)
upon approaches Naples Lake Boulevard.
For signs at the main entrance of the Naples Lakes Country Club
community with their HOA assuming costs for the material,
installation and maintenance of the signs
7) Recommendation to approve the ranked list of design professionals for
Request for Proposal (RFP) #15-6382, "Grant Funded Professional
Services for Coastal Zone Management," authorize staff to negotiate
contracts with the top ranked firms for subsequent Board approval and
make a finding that this item promotes tourism.
Negotiations will commence with Atkins North America, Inc.,
CB&I Environmental & Infrastructure, Inc., Humiston & Moore
Engineers and Olsen Associates, Inc.
8) Recommendation to authorize a budget amendment totaling $176,000
within the Stormwater Capital Fund 325, moving $161,000 from
Project Number 60094, Secondary System Repair and $15,000 from
Project Number 51144, Stormwater Feasibility and Preliminary
Design, to fund Project Number 60140, the Kirkwood Alley
Stormwater Management Project.
A project between Kirkwood and Linwood Avenues within the
Bayshore Gateway/Triangle CRA in an area of low-lying ground
prone to chronic flooding and standing water during the summer
rainy season causing major health hazards
9) Recommendation to approve the release of a code enforcement lien
with an accrued value of$8,643.89 for payment of$593.89, in the
code enforcement action entitled Board of County Commissioners v.
Cindy Yablonowski, Code Enforcement Board Case No.
CEVR20130009048, relating to property located at 6508 Trail Blvd.,
Collier County, Florida.
For fines surrounding prohibited exotic vegetation on property
brought into compliance March 20, 2014 and that is being actively
maintained by new owners
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of$49,500 for payment of$6,000, in the code
enforcement action entitled Board of County Commissioners v. Jon R.
and Denise T.C. Brimmer, Code Enforcement Board Case No.
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May 12, 2015
2007090878, relating to property located at 561 7th St. NW, Collier
County, Florida.
For fines related to construction of a detached garage in the rear
of the yard without permits and brought into compliance by new
owners June 18, 2014
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$30,862.29 for payment of$562.29, in the
code enforcement action entitled Board of County Commissioners v.
Christopher S. Cleary Est., Code Enforcement Special Magistrate
Case No. CEPM20130009214, relating to property located at 4951
18th Ct. SW, Collier County, Florida.
The result of violations for a damaged garage door brought into
compliance February 6, 2014 and following foreclosure is now
under new ownership
12) Recommendation to approve two releases of code enforcement liens
with a combined accrued value of$385,362.30, for payment of
$612.30, in the code enforcement actions entitled Board of County
Commissioners v. Valorie K. Lojewski and Carol E. Nelson, Code
Enforcement Board Case Nos. CESD20080014926 and
CESD20080015799, relating to property located at 330 Wilson Blvd.
S., Collier County, Florida.
For fines related to a pool and garage conversion without permits
and following foreclosure was brought into compliance by new
owners September 12, 2014
13) Recommendation to approve the release of a code enforcement lien
with an accrued value of$106,731 .43, for payment of$1,597.93, in
the code enforcement action entitled Board of County Commissioners
v. Thu-Nhut Nguyen, Code Enforcement Board Case No.
CEPM20120001592, relating to property located at 480 8th St. NE,
Collier County, Florida.
The result of violations for maintaining an unsecured home that
have been abated with the owner's representative requesting the
release as the property is currently under contract for purchase
14) Recommendation to adopt a Resolution appointing membership to the
Golden Gate Watershed Improvement Program Technical Advisory
Ad Hoc Committee for 12 months.
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May 12, 2015
Resolution 2015-88: Appointing Jocelyn Nageon De Lestang, P.E.,
representing the Big Cypress Basin Service Center, South Florida
Water Management District; Dana Dettmar, Environmental
Specialist representing the City of Marco Island; Gregg
Strakaluse, P.E., Streets and Stormwater Director, representing
the City of Naples; Dennis P. Vasey, Seat 3 Supervisor,
representing Collier Soil and Water Conservation District; Julie
Neurohr, TMDL Coordinator, South District Office, representing
Florida Department of Environmental Protection; Brent
Bachelder, Biological Scientist III, representing the Florida Fish
and Wildlife Conservation Commission; and Jeffrey A. Carter,
Stewardship Coordinator, representing Rookery Bay National
Estuarine Research Reserve to serve terms that will expire on the
February 10, 2016 sunset date of the committee
15) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 964119218 in the amount of$302,000, which
was posted as a development guaranty for work associated with
Parklands - Plat One, Early Work Authorization (EWA)
PL20140001253.
For clearing and site filling prior to final approval of the
development
16) Recommendation to approve a Partnership Agreement (PA) with the
Rotary Club of Marco Island, Florida Sunrise and Collier County; and
authorize Collier County to purchase two Multi-use Bus Stop Shelters
for the Copeland area located at Panther Park and Lake Gloria.
As detailed in the Executive Summary
17) Recommendation to approve and authorize the Chairman to execute a
Letter of Intent to the United States Army Corps of Engineers for
Collier County to serve as a non-Federal sponsor for a shoreline
protection feasibility study within Collier County.
If authorized the County's non-Federal cost share would not
exceed $1,500,000 and would be paid for with TDC (tax) funds
18) Recommendation to authorize a budget amendment for attorney's fees
awarded by the Court for supplemental proceedings in the case of
Collier County v. Andy Morgan, Case No. 07-4400-CA. (Santa
Barbara Extension Project No. 60091) (Fiscal Impact: $58,829)
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May 12, 2015
Surrounding an eminent domain case for additional and
unanticipated settlement costs
19) Recommendation to approve a Temporary Use Agreement to permit
the temporary use of a portion of a right-of-way previously acquired
for the expansion of County Barn Road from two lanes to four lanes.
Allowing a homeowner on the corner of County Barn Road and
Cynthia Lane to install a buffer on his property and returning his
fence that was torn out by the county's contractor while clearing a
50-foot right-of-way on the property
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a $365,690.30 work order with Quality
Enterprises USA, Inc., under Request for Quotation #14-6213-20 for
Underground Utility Contracting Services for the Bluebill Avenue
Forcemain Replacement, Project Number 70044.
For work related to replacing a 40-year old iron pipe that
provides wastewater service west of Vanderbilt Channel to
prevent any accidental wastewater discharge from occurring
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a transportation coordination agreement
with Good Wheels, Inc.
Supporting the use of grant funds awarded to Good Wheels for
their purchase of a vehicle they will use to transport at-risk
individuals who attend programs throughout the county
2) Recommendation to approve substantial amendments to the U.S.
Department of Housing and Urban Development Community
Development Block Grant from FY2005-2006 through FY2014-2015
Annual Action Plans; amend a subrecipient agreement with Habitat
for Humanity - Legacy Lakes; approve a subrecipient agreement with
Naples Equestrian Challenge and increase or allocate project delivery
for the following: Habitat for Humanity - Legacy Lakes, Boys & Girls
Club of Collier County, Naples Equestrian Challenge and Direct
Homeownership Assistance.
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May 12, 2015
As detailed in the Executive Summary
3) Recommendation to authorize a budget amendment to the Home Care
for the Elderly agreement between Collier County and the Area
Agency on Aging for Southwest Florida, Inc. by transferring funds
between budget lines for FY14-15.
Reallocating basic subsidy funds to case management for
Contract HCE 203.14
4) Recommendation to approve an after-the-fact Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for the Community Care for the Elderly program and
budget amendment to ensure continuous funding for FY 2014/2015.
Contract CCE 203.14 Amendment No. 3 to recognize $25,000 in
additional grant revenue and requiring a 10 °A) local match
5) Recommendation to award Request for Proposal No. 14-6274, Parks
and Recreation Activity Management Software Solution to the Active
Network, LLC, authorize the Chairman to execute the Agreement, and
authorize the necessary budget amendment.
A 5-year contract that includes technical support, necessary
upgrades and data maintenance with approximate costs of
$186,600 the first year and $173,800 annually thereafter for
software to manage facility functions, memberships and
registrations and with service costs based on a per-transaction fee
processed directly by the vendor through revenue deduction
6) Recommendation to approve a 20% discount on Collier County Parks
and Recreation swimming lesson programs to all Collier County
children (age 5 and under) and to authorize Parks and Recreation to
promote the discount within the NCH Safe and Healthy Children's
Coalition "Water Smart Prescription Booklet".
Providing a discount on lessons May 15 through August 31, 2015
to coincide with the Coalition's recently launched campaign
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve a Memorandum of Understanding
between Collier County and Naples United Church of Christ in
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May 12, 2015
support of Emergency Management activities related to natural and
manmade hazards emergency response.
A 3-year agreement that will automatically renew for two (2)
additional 1-year periods
2) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation claim files settled and/or closed by the
Risk Management Division Director pursuant to Resolution 2004-15
for the second quarter of FY 15.
As detailed in the Executive Summary
3) Recommendation to authorize the Chief of Emergency Medical
Services to sign a Lee Memorial Health System Computer Access
Request form(s) and Physician/Office Staff Security Agreement(s) to
obtain medical records from Lee Memorial Hospital System.
To review records of patients transported by Collier County EMS
4) Recommendation to approve the price list attachment dated June 12,
2013 from Con-Air Industries and authorize payment of$2,455.92 in
outstanding invoices from 2013 and 2014.
Delayed payments for work under Contract #11-5643 due to
questions regarding parts, inconsistency on pricing and to clarify
poorly identified equipment locations (152 page list available at
www.colliergov.net/ftp/AgendaMay1215/AdminServices/16E4Con
airpricelist61213.pdf)
5) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
Administrative changes orders from April 2 to April 21, 2015
Noting a new contract for Fleet parts is scheduled for Board action on the May 26,
2015 BCC Agenda (Per Agenda Change Sheet);
Further moved to Item #11B (Per Commissioner Taylor during Agenda Changes)
6) Recommendation that the Board affirms and confirms its prior
authorization to purchase original equipment manufacturer (OEM)
parts from local Ford dealerships until a new solicitation can be
finalized, whether or not the expenditures exceed $50,000, and direct
Finance to promptly pay all outstanding and future invoices that are
otherwise appropriate.
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May 12, 2015
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 2015-89
Moved to Item #11C (Per Commissioner Henning during Agenda Changes)
2) Recommendation pursuant to Collier County Resolution No. 95-632,
that the Board of County Commissioners acknowledges the selection
of outside counsel and approves payment of counsel identified in the
back-up materials to this item to represent Leo Ochs and Joanne
Markiewicz in the case styled Dwight E. Brock v. Leo E. Ochs, Jr., as
Manager/Administrator of Collier County and Joanne Markiewicz, as
Purchasing and General Services Division Director, Case No. 11-
2015-CA-000595-0001-XX, in the Circuit Court of the Twentieth
Judicial District in and for Collier County, Florida, and in addition to
waive the Purchasing Policy to the extent it applies to the selection of
outside counsel and/or otherwise exempt the selection of outside
counsel from competition pursuant to Purchasing Ordinance Section
Eleven, Procurement of Professional Services.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint one member to the Code Enforcement
Board, and upon such appointment, accept his resignation from the
Contractor's Licensing Board.
Resolution 2015-90: Appointing Ronald J. Doino, Jr. to a term
expiring February 14, 2018
2) Recommendation to reappoint three members to the Contractors
Licensing Board.
Resolution 2015-91: Reappointing Terrance P. Jerulle and
Thomas X. Lykos (general contractor category) and Richard E.
Joslin, Jr.(commercial pool/spa category) to terms expiring
June 30, 2018
3) Recommendation to appoint a member to the Historical
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May 12,2015
Archaeological Preservation Board.
Resolution 2015-92: Appointing Eugene V. Erjavec, Jr. (citizen
category) to a term expiring October 1, 2018
4) Recommendation to reappoint two members to the Tourist
Development Council.
Resolution 2015-93: Reappointing Robert A. Miller (Everglades
City representative owner/operator category) and Clark
Wakefield Hill (hotel owner/operator category) to terms that
expire April 21, 2019
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Board declaration of expenditures serving a valid public purpose
and approval of disbursements for the period April 23 through
April 29, 2015.
2) Board declaration of expenditures serving a valid public purpose
and approval of disbursements for the period April 30 through
May 6, 2015.
K. COUNTY ATTORNEY
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.
Adopted w/changes — 5/0
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May 12, 2015
Moved to Item #9E (Per Agenda Change Sheet)
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 consider an Ordinance
amending Ordinance Number 2004-41, as amended, the Collier County
Land Development Code, which includes 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 the Estates (E) zoning district to a
Residential Planned Unit Development (RPUD) zoning district to be known
as the Avalon of Naples RPUD to allow a maximum of 160 multi-family
residential dwelling units, or 82 single-family residential dwelling units. The
subject property, consisting of 22.83+ acres, is located on the southeast
quadrant of the intersection of Davis Boulevard (SR 84) and County Barn
Road in Section 8, Township 50 South, Range 26 East, Collier County,
Florida and by providing an effective date. [PUDZ-PL20140001 179]
Moved to Item #9F (Per Agenda Change Sheet)
B. This item was continued from the April 14, 2015 BCC Meeting, then
again from the April 28, 2015 BCC Meeting. 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 Petition VAC-PL20140000235, to vacate
the 2.35-foot wide conservation easement as recorded in Official Record
Book 4251, Page 1007 through 1018, public records of Collier County,
Florida, being a part of Tract M-1 , Stella Maris, and approve an Amendment
to the Settlement Agreement and General Release, dated June 26, 2007, as
recorded in Official Record Book 4251, Pages 1019 through 1024.
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
Resolution 2015-94
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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May 12, 2015