Agenda 02/08/2011 Agenda Index
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chamhers
Collier County Government Center
3299 Tamiami Trail East, 3cd Floor
Naples FL 34112
February 08, 2011
9:00 AM
Fred W, Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Vice-Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: All persons wishing to speak on Agenda items must register prior to speaking.
Speakers must register with the Executive Manager to the BCC prior to presentation of the
Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless
the time is adjusted by the chairman.
Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24,
requires that all lobbyists shall, before engaging in any lobbying activities (including but not
limited to, addressing the Board of County Commissioners), register with the Clerk to the Board
at the Board Minutes and Records Department.
Requests to address the Board on subjects which are not on this agenda must be submitted in
writing with explanation to the County Manager at least 13 days prior to the date ofthe meeting
and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a
maximum time often 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 County Commissioners' Office.
Lunch Recess scheduled for 12:00 Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A.
Reverend Don Treglown - Faith Lutheran Church
Pg.1
2. AGENDA AND MINUTES
A. Approval oftoday's regular, consent and summary agenda as amended (Ex Parte
Disclosure provided by Commission members for consent and summary agenda.)
B. June 23, 2010 - BCC/IAMP Meeting
C. July 28,2010 - BCC/GMP Hearing
D. November 10, 2010 - BCC/ AUlR Hearing
E. January 11, 2011- BCC/Regular Meeting
F. January 12, 2011 - BCC/CRA Workshop
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating February 19, 2011 as Pastor Don Treglown Day. To be Pg.2 - 3
accepted by Pastor Don Treglown. Sponsored by Commissioner Coyle.
B. Proclamation designating February 8, 2011 as Golden Gate Task Force Team Day. To Pg. 4 - 5
be accepted by Code Enforcement Supervisor Jeff Letourneau and Corporal Robert
Capizzi. Sponsored by Commissioner Henning.
C. Proclamation designating February, 2011 as Career and Technical Education Month Pg. 6 - 7
in CoIlier County. To be accepted by Jeanette Johnson. Sponsored by Commissioner
Fiala.
5. PRESENTATIONS
A.
Recommendation to recognize Pamela Libby, Operations Manager, Water
Department, as the Supervisor of the Year for 2010.
Pg. 8 - 10
B.
Presentation ofthe CoIlier County "Business ofthe Month" award to Sunshine Ace
Hardware for February 2011. To be accepted by Michael Wynn, Sunshine Ace
Hardware President.
Pg. 11
C. Presentation ofthe "Above and Beyond" Community Volunteer Award to Margaret
Lauzon for extraordinary community service. Sponsored by Commissioner Hiller.
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
8. ADVERTISED PUBLIC HEARINGS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
A. Recommendation to adopt a Resolution amending Schedules One, Two, Three, Six, Pg. 12 - 52
and Seven of Appendix A to Section Four ofCoIlier County Ordinance No. 2001-73, as
amended, the CoIlier County Water-Sewer District Uniform Billing, Operating and
Regulatory Standards Ordinance. These amendments include proposed rates for
water and wastewater services with effective dates of October 1, 2011, and October 1,
2012, for Schedules One, Three, and Six; provides effective dates of April 1,2011,
October 1, 2011, and October 1, 2012, for Schedule Two; and provides an effective
date of March 1, 2011, for Schedule Seven.
B. Recommendation to adopt a Resolution amending the CoIlier County Water-Sewer Pg. 53 - 70
District Impact Fee Rates, established by Ordinance No. 2007-57, as amended, by
reducing the water impact fee by $285 (-8%) to $3,290 per Equivalent Residential
Connection, and the wastewater impact fee by $250 (-7.2%) to $3,245 per Equivalent
Residential Connection, for a total reduction of$535 (-7.6%), with an effective date of
February 14, 2011. This is a companion to Item 8D.
C. Recommendation to adopt a Resolution adjusting the CoIlier County Water-Sewer Pg. 71- 113
District Bulk Services Water Rates within the Hammock Bay Service Area, as
authorized by the Potable Water Bulk Services Agreement between the CoIlier
County Water-Sewer District and The City of Marco Island, dated May 9, 2006.
D. Recommendation to adopt an Ordinance amending Chapter 74 of the CoIlier County Pg. 114 - 131
Code of Laws and Ordinances (The CoIlier County Consolidated Impact Fee
Ordinance) by amending the Road Impact Fee rate schedule, which is Schedule One of
Appendix A, to reflect the Phase II rate schedule as set forth in the "CoIlier County
Transportation Impact Fee Cost and Credit Update Study" adopted on September 28,
2010, which provides for a reduction in rates; and providing for a delayed effective
date of February 14, 2011. This item is a companion to Item 8B.
E. Recommendation to approve Growth Management Plan Amendment Petition CP- Pg. 132 - 161
2006-11, David Torres, for Hacienda Lakes of Naples, LLC for transmittal to the
Florida Department of Community Affairs (DCA) for review and objections,
recommendations and comments (ORe) response. (Transmittal Hearing)
9. BOARD OF COUNTY COMMISSIONERS
A.
Appointment of members to the Land Acquisition Advisory Committee.
Pg.162 -179
B.
Appointment of members to the Pelican Bay Services Division Board.
Pg. 180 - 202
C. This item continuedfrom the/anuary 25,2011 BCC Meeting and is requested to be
further continued indefinitely: Economic Health and Viability of CoIlier County.
(Commissioner Coletta)
D. This item continuedfrom the january 25,2011 BCC Meeting. Motion thatthe County
stops all further action with respect to Jackson Labs. (Commissioner Hiller)
E. Request by Commissioner Hiller to reconsider Item 101 from the January 25, 2011 Pg. 203 - 204
BCC Meeting: Recommendation to approve the award ofRFP #10-5541 to Paradise
Advertising and Marketing, Inc. for Tourism Marketing Services and authorize the
Chairman to sign the contract in the amount of $2,350,000 following County Attorney
Office approval.
10. COUNTY MANAGER'S REPORT
A. This item continuedfrom the january 25,2011 BCC Meeting. Recommendation to Pg. 205 - 242
review the proposed legislation created to provide a process for consolidation of the
independent fire control and rescue districts in CoIlier County. (Debbie Wight,
Legislative Affairs Coordinator)
B. This item to be heard at 10:30 a.m. This item continued from the january 25,2011 BCC Pg. 243 - 254
Meeting. Recommendation to approve the annual five percent (5%) increase in
Consultant Fees for the Medical Director of Emergency Medical Services as described
in the Emergency Medical Services Medical Consultant Contract for a total of
$110,775 for FY11. (Dr. Tober, Medical Director of Emergency Medical Services)
C. Reportto the Board of County Commissioners (BCC) pursuantto direction under Item Pg. 255 - 257
9C atthe January 11, 2011 BCC Meeting providing an accounting of all public funds
spent on the Jackson Laboratory Project. (Mark Isackson, Director, Corporate
Financial and Management Services)
D. Recommendation to approve three impact fee reimbursements, totaling $148,681.70, Pg. 258 - 265
due to the cancellation ofthree building permits and the subsequent reapplications
submitted under new, lower impact fee rate schedules. (Amy Patterson, Impact Fee
Manager)
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14. PUBLIC COMMENTS ON GENERAL TOPICS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
A. GROWTH MANAGEMENT DIVISION
1. Recommendation to approve final acceptance of the sewer utility facility for Pg. 266 - 272
VeronaWalk Off-Site Force Main, CoIlier Blvd. (C.R. 951), and to authorize the
County Manager, or his designee, to release any Utilities Performance Security
to the Project Engineer or the Developer's designated agent.
2. Recommendation to approve final acceptance of the water utility facility for Pg. 273 - 278
Tall Oaks, Phase 3B, 525 Barefoot Williams Road, and to authorize the County
Manager, or his designee, to release any Utilities Performance Security to the
Project Engineer or the Developer's designated agent.
3. Recommendation that the Board of County Commissioners approve one (1) Pg. 279 - 285
Adopt-A-Road Program Agreement for Wilson Boulevard from CR 846 south for
1.5 miles, with two (2) recognition signs at a total cost of$150 for the volunteer
group, Golden Gate SDA Lights Pathfinder Club.
B. COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation to authorize the Community Redevelopment Agency Pg. 286 - 291
Executive Director to negotiate land purchase agreements, subject to approval
by the Community Redevelopment Agency, relating to the expansion of the
Gateway Triangle stormwater management pond and approve an application
for a Federal Emergency Management Agency grant to fund the purchase of the
subject properties.
2. Recommendation for the Community Redevelopment Agency (CRA) to Pg. 292 - 296
authorize the Bayshore Gateway Triangle Executive Director to advertise an
RFP for professional services to update the 2000 CRA Redevelopment Plan and
return with a contract for Board approval.
C. PUBLIC UTILITIES DIVISION
1. Recommendation to approve Amendment AOl to Agreement No. 4600001937 Pg. 297 - 302
between CoIlier County and the South Florida Water Management District,
renewing the existing agreement for the supplemental collection of surface
water quality samples in CoIlier County (estimated fiscal impact $60,000 in
earned revenue) and to approve the associated budget amendment.
2. Recommendation to approve Amendment No. A02 renewing the South Florida Pg. 303 - 308
Water Management District Agreement No. OT061098, as amended by
Amendment No. A01, to continue monitoring of ground water in CoIlier County
in Fiscal Year 2011 (estimated fiscal impact $116,000 in earned revenue).
D. PUBLIC SERVICES DIVISION
1. Recommendation to approve selection of firms under RFP 10-5572 for Wiggins Pg. 309 - 311
Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning &
Engineering, Inc. (CP&E) and direct staff to bring a negotiated contract to the
Board for subsequent approval.
2. Recommendation to approve and authorize the Chairman to sign a Pg. 312 - 416
Memorandum of Understanding for Implementation of Grant with the State of
Florida Department of Children and Families to accept funding for the three
year Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant
in the amount of $548,490.
E. ADMINISTRATIVE SERVICES DIVISION
1. Recommendation to approve a Resolution authorizing the Commission Pg. 417 - 421
Chairman to execute Deed Certificates for the sale of burial plots at Lake
Trafford Memorial Gardens Cemetery during the 2011 calendar year.
2. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 422 - 450
Subrogation Claims settled and/ or closed by the Risk Management Director
pursuantto Resolution # 2004-15 for the first quarter ofFY 11.
3. Recommendation to accept reports and ratify staff-approved change orders Pg. 451 - 482
and changes to work orders.
4. Recommendation to approve a modification to the budget of the Energy Pg. 483 - 499
Efficiency and Conservation Block Grant (EECBG) funded by the American
Recovery and Reinvestment Act (ARRA), authorize the County Manager or his
designee to reallocate the funding within the Board approved grant projects as
necessary, and authorize the necessary budget amendments.
5. Recommendation to authorize the chairman to sign a $200,000 Florida Pg. 500 - 610
Department of Environmental Protection (FDEP) Land and Water Conservation
Fund (LWCF) Grant Application to partially fund the construction of the Gordon
River Greenway Park Canoe/Kayak Launch.
F. COUNTY MANAGER OPERATIONS
1. Recommendation to donate one surplus ambulance to Edison State College via Pg. 611- 618
the Edison State College Foundation (Estimated Value: $6,000)
2. Recommendation to approve and authorize the acceptance of insurance Pg. 619 - 621
proceeds in the amount of $59,570.59 and to authorize the necessary Budget
Amendment to allocate funds for reimbursement of the cost of AEDs and
upgrading EMS field computers.
3. Recommendation to adopt a resolution approving amendments (appropriating Pg. 622 - 624
grants, donations, contributions or insurance proceeds) to the Fiscal Year
2010-11 Adopted Budget
G. AIRPORT AUTHORITY
1. Recommendation to approve selection of firms under RFP 10-5600 for CEI Pg. 625 - 627
Services for Marco Island Airport Taxiway to URS Corporation Southern (URS)
and direct staff to bring a negotiated contract to the Board for subsequent
approval.
2. Recommendation to approve a change in the authorizing official for the Collier Pg. 628 - 634
County Airport Authority in the Federal Aviation Administration (FAA)
Electronic Clearing House Operation (ECHO) system from Theresa Cook to Chris
Curry and authorize the Chairman to sign the required FAA form.
H. BOARD OF COUNTY COMMISSIONERS
1. Proclamation designating January 29th and 30th, 2011 as CAPA/CRA Bayshore Pg. 635 - 636
Festival of the Arts Day. To be presented by Commissioner Coyle at the festival.
Sponsored by Commissioner Coyle.
2. Proclamation designating January 29th through February 4,2011 as The Band Pg. 637 - 638
of the U.S. Airforce Reserve Week. Being presented by Commissioner Coyle at
the CAPA/CRA Bayshore Festival ofthe Arts. Sponsored by Commissioner
Coyle.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1. To obtain Board approval for disbursements forthe period ofJanuary 8, 2011 Pg. 639 - 654
through January 14, 2011 and for submission into the official records of the
Board.
2. To obtain Board approval for disbursements for the period of January 15, 2011 Pg. 655 - 667
through January 21, 2011 and for submission into the official records of the
Board.
3. Recommend approval of the use of Confiscated Trust Funds for support of Pg. 668 - 670
disaster preparedness, public safety education and other large scale incident
support.
K. COUNTY ATTORNEY
1.
Recommendation to approve a Stipulated Order Taxing Fees and Costs in the
amount of$16,400 for Parcel No. 179RDUE in the lawsuit styled Collier County
v. Armando B. Yzaguirre, etal., Case No. 07-2746-CA (Oil Well Road Project No.
60044) (Fiscal Impact $16,400).
Pg. 671 - 679
2. Recommendation to approve a contract with Trauner Consulting Services, Inc., Pg. 680 - 691
for expert consulting services to the County in the amount of $75,000 for the
case of Ker Enterprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast,
Inc. v. Collier County, Case No. 09-8724-CA (Vanderbilt Beach Road Project No.
63051) (Fiscal Impact an additional $75,000).
3. Recommendation to accept the Offer ofJudgment from 524 Broadway Pg. 692 - 696
Company, LP in the amount of$55,000 for Parcels 122 and 123 in the lawsuit
styled Collier Countyv. William Pilger, et a!., Case No. 06-1125-CA (County Barn
Road Project Number 60101). (Fiscal Impact $26,152)
4. By request ofthe Collier County School Board, recommendation to amend the Pg. 697 - 711
Town of Ave Maria Tri-Party Developer Contribution Agreement with Ave
Maria Development, LLLP and The School District of Collier County, Florida, to
incorporate recent changes to the Collier County Consolidated Impact Fee
Ordinance allowing developer contribution impact fee credits to run with the
land until used or transferred.
5. Recommendation to authorize a representative of the County Attorney's Office Pg. 712 - 718
to bid on behalf of the County at four code enforcement lien foreclosure sales
scheduled by the Clerk in BOARD OF COUNTY COMMISSIONERS v. JEAN CLAUDE
MARTEL, Circuit Court Case No. 10-720-CA, in an amount not to exceed the
value of the County's foreclosed lien interest (approximately $409,000 for four
parcels).
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.
A. This item requires that ex parte disclosure be provided by Commission members. Pg. 719 - 733
Should a hearing be held on this item, all participants are required to be sworn in.
Recommendation to approve Petition V AC-PL2010-2196, to disclaim, renounce and
vacate the County's and the Public's interest in a portion of a 20-foot wide Access
Easement for drainage and maintenance crews, over Lot 26, Block B, Palm River
Estates Unit No.7, according to the Plat thereof as recorded in Plat Book 12, Pages 28
through 30, ofthe Public Records of Collier County, Florida, situated in Section 23,
Township 48 South, Range 25 East, Collier County, Florida, the subject portion of
easement to be vacated is more specifically depicted and described in Exhibit "A".
B. This item requires that all participants be sworn in and ex-parte disclosure be Pg. 734 - 813
provided by Commission members. PUDZ-2007-AR-11381, Marsilea Villas, LLC,
represented by Tim Hancock of Davidson Engineering, is requesting a rezone from an
Agricultural Zoning District (A) and an Agricultural zoning district with a Special
Treatment Overlay to the Residential Planned Unit Development (RPUD) zoning
district with removal of the Special Treatment Overlay for a project known as
Marsilea Villas RPUD to allow development of up to 27 single-family dwelling units.
The subject property, consisting of 10.25 acres, is located west of Livingston Road
surrounded by Royal Palm International Academy just north of Imperial Golf Estates,
Unit 5 in Section 13, Township 48 South, Range 25 East, Collier County, Florida.
18. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to the
County Manager's Office at 252-8383.