Agenda 05/12/2015 Agenda Index AGENDA
BCC
REGULAR
MEETING
MAY 12 , 2015
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3 rd 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 Development 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 subj ects 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 maximu m 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, addressin g 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
1.A. Reverend Edward Gleason - Trinity By The Cove Episcopal Church Pg. 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. April 14, 2015 - BCC/Regular Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
4.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.
Pg. 2
4.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.
Pg. 4
4.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.
Pg. 6
4.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.
Pg. 9
4.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.
Pg. 11
4.F. Proclamation designating May 2015 as Motor Cycle Safety Month and to promote
motorcycle awareness and safety in Collier County. To be accepted 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.
Pg. 13
4.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.
Pg. 15
5. PRESENTATIONS
5.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, the Greater Naples Chamber of Commerce.
Pg. 17
6. PUBLIC PETITIONS
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.
8. BOARD OF ZONING APPEALS
Item 8 to be heard no sooner than 1:30 pm unless otherwise no ted.
9. ADVERTISED PUBLIC HEARINGS
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
9.A. This item to be heard at 9:30 a.m. Recommendation to deny the single, 2014 Cycle 1
Growth Management Plan Amendment petition PL20140000113/CP-2014-2 specific
to the San Marino Planned Unit Development. (Adoption Hearing) (Companion to
rezone petition PUDA-PL20140000100, San Marino Planned Unit Development)
Pg. 20
9.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].
Pg. 92
9.C. This item has been continued from the April 28, 2015 BCC meeting, and is further
continued to the May 26, 2015 BCC meeting. Recommendation to deny the 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)
Pg. 201
9.D. This item has been continued from the April 28, 2015 BCC meeting, and is further
continued to the May 26, 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 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 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
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 item to the Growth Management Plan
Amendment establishing the Vincentian Mixed Use Subdistrict, PL20130001767/CP-
2013-10].
Pg. 213
10. BOARD OF COUNTY COMMISSIONERS
10.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)
Pg. 215
10.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)
Pg. 217
11. COUNTY MANAGER’S REPORT
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
14.B.1. Recommendation that the Community Redevelopment Agency (CRA) accept
Staff and the MSTU Advisory Board’s response to Mr. Bob Messmer’s public
comments at the April 28, 2015 BCC meeting.
Pg. 255
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. Current BCC Workshop Schedule. Pg. 371
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 DEPARTMENT
16.A.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.
Pg. 373
16.A.2. Recommendation to approve final acceptance of the water utility facility for
Hacienda Lakes, PL20130002446, 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 $27,881.46 to the Project Engineer or
the Developer’s designated agent.
Pg. 382
16.A.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.
Pg. 392
16.A.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 for "Verification Testing for
Golden Gate Blvd. Design Build," Project # 60040.
Pg. 444
16.A.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-JC for beach renourishment, authorize all necessary budget
amendments, and make a finding that this item promotes tourism (Project
No. 80165).
Pg. 531
16.A.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 advance street name guide signs
along Collier Boulevard (CR 951) at the approaches to Naples Lake
Boulevard.
Pg. 535
16.A.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.
Pg. 545
16.A.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.
Pg. 594
16.A.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.
Pg. 600
16.A.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. 2007090878, relating to
property located at 561 7th St. NW, Collier County, Florida.
Pg. 606
16.A.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.
Pg. 612
16.A.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.
Pg. 618
16.A.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.
Pg. 629
16.A.14. Recommendation to adopt a Resolution appointing membership to the
Golden Gate Watershed Improvement Program Technical Advisory Ad Hoc
Committee for 12 months.
Pg. 638
16.A.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.
Pg. 646
16.A.16. Recommendation to approve a Partnership Agreement (PA) with the Rotary
Club of Marco Island, Florida Sunrise and Collier County; and to authorize
Collier County to purchase two Multi-use Bus Stop Shelters for the Copeland
area located at Panther Park and Lake Gloria.
Pg. 653
16.A.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.
Pg. 666
16.A.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)
Pg. 675
16.A.19. Recommendation to approve a Temporary Use Agreement to permit the
temporary use of a portion of the right-of-way previously acquired for the
expansion of County Barn Road from two lanes to four lanes.
Pg. 680
16.B. COMMUNITY REDEVELOPMENT AGENCY
16.C. PUBLIC UTILITIES DEPARTMENT
16.C.1. Recommendation to approve a $365,690.30 work order to 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.
Pg. 697
16.D. PUBLIC SERVICES DEPARTMENT
16.D.1. Recommendation to approve a transportation coordination agreement with
Good Wheels, Inc.
Pg. 711
16.D.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.
Pg. 717
16.D.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 FY 14-
15.
Pg. 789
16.D.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.
Pg. 813
16.D.5. Recommendation to award Request for Proposal No. 14-6274, Parks and
Recreation Activity Management Software Solution to the Active Network,
LLC, authorize Chairman to execute Agreement, and authorize the necessary
budget amendment.
Pg. 849
16.D.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."
Pg. 946
16.E. ADMINISTRATIVE SERVICES DEPARTMENT
16.E.1. Recommendation to approve a Memorandum of Understanding between
Collier County and the Naples United Church of Christ in support of
Emergency Management activities related to natural and manmade hazards
emergency response.
Pg. 949
16.E.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.
Pg. 956
16.E.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.
Pg. 984
16.E.4. Recommendation to approve the price list attachment dated June 12, 2013
from Con-Air Industries and to authorize payment of $2,455.92 in
outstanding invoices from 2013 and 2014.
Pg. 989
16.E.5. Recommendation to accept reports and ratify staff-approved change orders
and changes to work orders.
Pg. 996
16.E.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 to direct Finance to promptly pay all
outstanding and future invoices that are otherwise appropriate.
Pg. 1017
16.F. COUNTY MANAGER OPERATIONS
16.F.1. Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds) to
the Fiscal Year 2014-15 Adopted Budget.
Pg. 1022
16.F.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.
Pg. 1025
16.G. AIRPORT AUTHORITY
16.H. BOARD OF COUNTY COMMISSIONERS
16.H.1. Recommendation to appoint one member to the Code Enforcement Board,
and upon such appointment, accept his resignation from the Contractor’s
Licensing Board.
Pg. 1085
16.H.2. Recommendation to reappoint three members to the Contractors Licensing
Board.
Pg. 1097
16.H.3. Recommendation to appoint a member to the Historical Archaeological
Preservation Board.
Pg. 1114
16.H.4. Recommendation to reappoint two members to the Tourist Development
Council
Pg. 1127
16.I. MISCELLANEOUS CORRESPONDENCE
16.I.1. Miscellaneous Items to file for record with action as directed. Pg. 1152
16.J. OTHER CONSTITUTIONAL OFFICERS
16.J.1. Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of April 23 through April 29, 2015.
Pg. 1154
16.J.2. Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of April 30 through May 6, 2015.
Pg. 1234
16.K. COUNTY ATTORNEY
17. SUMMARY AGENDA
This section is for advertised publi c 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. 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. A
recommendation to consider an Ordinance amending Ordinance Number 2004-41,
as amended, the Collier County Land Development Code, which includes 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 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 in 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-PL20140001179].
Pg. 1295
17.B. This item has been 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, Pages 1007 through 1018, of the 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.
Pg. 1334
17.C. Recommendation to adopt a resolution approving amendments (appropriating
carry forward, transfers and supplemental revenue) to the Fiscal Year 2014-15
Adopted Budget.
Pg. 1372
18. ADJOURN
Inquiries concerning changes to the Board’s Agenda should be made to the
County Manager’s Office at 252-8383.