Agenda 06/14/2011 Agenda Index
COLLIER COUNTY
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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, 3rd Floor
Naples FL 34112
June 14, 2011
9:00 AM
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Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice-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 of the meeting
and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a
maximum time often minutes.
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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 scheduledfor 12:00 Noon to 1:00 P.M
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
A.
Reverend Sammy Mosquera - United Pentecostal Church
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte
Disclosure provided by Commission members for consent and summary agenda.)
B. May 10, 2011- BCC/Regular Meeting
C. May 25,2011- BCC/Collier County School Board Joint Meeting
3. SERVICE AWARDS
4. PROCLAMATIONS
A.
Proclamation designating June 14, 2011 as Youth Leadership Collier Day. To be
accepted by Bob Sandy, Joan Cox, and Michael Giusto and 38 students from the 2011
Youth Leadership Collier Class. Sponsored by Commissioner Coyle.
Pg. 1 - 2
5. PRESENTATIONS
A.
Presentation by Tricia Dorn, Key Account Executive of LCEC (Lee County Electric),
presenting an equity payout of $20,168.08 to the Board of County Commissioners.
B. Presentation of the Collier County Business of the Month award to Yamron Jewelers. Pg. 3 - 3
Accepting the award will be Ursula Pfahl, Chief Operating Officer ofYamron Jewelers.
C. Recommendation to recognize Gary Kessler, Program Leader, Parks and Recreation Pg. 4 - 6
Department, as the Employee of the Month for May 2011.
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Dale Johnson, Chairman of the Radio Road East of Pg. 7 - 12
Santa Barbara to Davis Boulevard MSTU Advisory Board, requesting that the Board of
County Commissioners support the advisory committee's effort in obtaining
financing to allow construction of the landscaping beautification project to begin
sooner.
B. Public Petition request from Mr. Robert D. Pritt representing the Barefoot Beach Club Pg. 13 - 24
Condominium Owners Association, requesting that the Board of County
Commissioners direct staff to work with the petitioner on a plan for modest trimming
of mangroves.
C.
Public Petition request from Bethesda Corkscrew Seventh Day Adventist Church
requesting that their conditional use permit be reinstated.
Pg. 25 - 32
D.
Public Petition request from Mr. Frank Oakes expressing his concerns regarding the
use of fluoride in County water.
Pg. 33 - 35
7.
BOARD OF ZONING APPEALS
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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.
9. BOARD OF COUNTY COMMISSIONERS
A. Advisory Board Vacancies as advertised in the Press Release May 26, 2011. Pg. 36 - 40
B. This item to be heard at 9:45 a.m. The Black Affairs Advisory Board will report to the Pg. 41 - 46
Board of County Commissioners on the recent outreach meeting and public
comments received from the meeting.
C. This item to be heard immediately following Item 9B. Recommendation that the Board Pg.47 - 49
of County Commissioners approve the 2011 Finance Subcommittee Report of the
Affordable Housing Advisory Committee as assigned previously by the Board.
D. The annual performance appraisal for the Executive Manager to the Board of County Pg. 50 - 105
Commissioners.
. E. Recommendation to approve a Resolution of the Board of County Commissioners of Pg.l06 -117
Collier County, Florida, expressing opposition to provisions in Senate Bill 550 passed
in 2010 requiring statewide septic tank inspections. (Commissioner Henning)
F. This item to be heard at 1:05 p.m. To direct the County Attorney to draft a resolution Pg. 118 - 134
calling for the placement ofa referendum on the Spring 2012 Presidential Primary
ballot that authorizes the Board of County Commissioners to grant ad valorem tax
exemptions to qualifying businesses within Collier County as an incentive for
encouraging capital investment and job growth, as required by Sec. 196.1995 F.S. and
the Florida Constitution. (Commissioner Hiller)
G. Appointment of member to the Radio Road Beautification MSTU Advisory Committee. Pg. 135 - 144
10. COUNTY MANAGER'S REPORT
A.
Recommendation to approve a Sixth Amendment to the Landfill Operating Pg. 145 - 162
Agreementto extend the Disposal Capacity Agreement with the Okeechobee Landfill,
Inc., a Florida Corporation (a subsidiary of Waste Management Inc., of Florida), for a
term often years with successive ten year extension options, thereby providing the
County with additional disposal capacity of 960,000 tons of solid waste and the
ability to divert debris generated by a disaster. (Dan Rodriguez, Solid Waste
Director)
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B.
This item to be heard at 10:45 a.m. Recommendation that the Board of County
Pg.163 - 213
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Commissioners direct the County Manager or designee to develop a fertilizer
ordinance. (Mac Hatcher, Sr. Environmental Specialist, Growth Management
Division/Planning & Regulation)
C. Recommendation to award a construction contract in the amount of $25,935,470.53 Pg. 214 - 507
to Astaldi Construction Corporation and reserve $3,315,000 on the purchase order
for funding allowances, for a total of $28,220,238.93 for ITB No. 10-5342 - "SR 84
(Davis Boulevard) Radio Road to Collier Boulevard; SR/CR 951 Intersection
improvements; Collier Boulevard (SR/CR 951) North to Magnolia Pond Drive; and CR
951 (Collier Boulevard) North to the E Golden Gate Canal", Project No. 60073 and
Project No. 60092. (Nick Casalanguida, Growth Management Deputy Administrator)
D. This item to be heard at 10:00 a.m. Wednesday, June 15. Recommendation to award Pg. 508 - 568
Contract 10-5572 for Wiggins Pass Channel Straightening - Design and Permitting to
Coastal Planning and Engineering (CP&E) and authorize the Chairman to execute the
standard contract after County Attorney approval in the amount of $177,489. (Gary
McAlpin, Coastal Zone Management Director)
E.
This item to be heard at 9:00 a.m. Wednesday, June 15. Recommendation to endorse Pg. 569 - 579
the recommendation of the Clam Bay work group and the Coastal Advisory
Committee on the marking of Clam Pass/Bay; provide direction on permitting,
installation and maintenance of the Clam Pass/Bay markers; and authorize staff to
proceed with Florida Wildlife Commission (FWC); United States Army Corps of
Engineers (USACE); Florida Department of Environmental Protection (FDEP); and the
United States Coast Guard (USCG) permitting. (Gary McAlpin, Coastal Zone
Management Director)
F. This item to be heard at 2:00 p.m. Recommendation to approve $29,729 in design Pg. 580 - 600
alternative studies for the Vanderbilt Beach park/restroom facility as directed at the
March 8, 2011 BCC meeting. (Gary McAlpin, Coastal Zone Management Director)
G. Recommendation to approve the Conservation Collier Program Public Amenity Work Pg. 601 - 613
Plan. (Melissa Hennig, Environmental Specialist)
H. Recommendation to adopt a resolution authorizing the condemnation of those Pg. 614 - 674
perpetual and temporary easement interests necessary for the construction of
stormwater improvements for the US-41 Ditch segment of the Lely Area Stormwater
Improvement Project. (Project No. 51101.) Estimated fiscalimpact: $1,927,569. (Jay
Ahmad, Transportation Engineering Director)
11. COUNTY ATTORNEY'S REPORT
A.
12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that pursuant Pg. 675 - 676
to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of
County Commissioners in closed attorney-client session on TUESDAY, JUNE 14, 2011.
The session will be held for a time certain of 12:00 noon, in the Commission
Conference Room, 3rd Floor, W. Harmon Turner Building, Collier County Government
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Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members,
County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section
Chief Jacqueline W. Hubbard will be in attendance. The Board in executive session
will discuss: Strategy session related to settlement negotiations in the pending case
ofKER Enterprises, Inc., d/b/a Armadillo Underground v. APAC-Southeast, Inc., et al
v. Collier County, Case No. 08-3496-CA, now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida.
B.
1:00 P.M. Time Certain Return From Closed Session. For the Board of County
Commissioners to provide direction to the County Attorney regarding settlement
negotiations in the pending case ofKER Enterprises, Inc., d/b/a Armadillo
Underground v. APAC-Southeast, Inc., et al v. Collier County, Case No. 08-3496-CA,
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida.
Pg. 677 - 677
12. OTHER CONSTITUTIONAL OFFICERS
A. Recommendation that the Board of County Commissioners provide after-the-fact Pg. 678 -731
approval of the Sheriffs Office submittal to the U.S. Department of Justice for the FY
2011 COPS Hiring Program Grant.
B. Approve a budget amendment recognizing $1,546,000 in revenues and expenditures Pg. 732 -733
in the Sheriffs FY 2011 General Fund Budget.
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. This item requires that ex parte disclosure be provided by Commission Pg. 734 - 742
members. Should a hearing be held on this item, all participants are required to
be sworn in. This is a recommendation to approve for recording the final plat of
Bucks Run Reserve, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the performance
security.
2.
Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances, Section 2-
11.
Pg. 743 -787
3. Recommendation to authorize a budget amendment to recognize revenue for Pg. 788 - 790
. projects within the Transportation Supported Gas Tax Fund (313) in the
amount of$36,925.
4. Recommendation to approve and ratify Staffs extension of Contract # 01-3290 Pg. 791 - 797
"Fixed Term Professional Engineering Services" with Johnson Engineering, Inc.,
and approval ofa time extension change to Work Order # JEI-T-3290-06-01 in
order to process the Consultant's final invoice for work completed for the "Rich
King Memorial Greenway."
5. This item requires that ex parte disclosure be provided by Commission Pg. 798 - 808
members. Should a hearing be held on this item, all participants are required to
be sworn in. This is a recommendation to approve for recording the final plat of
Artesia Naples, Phase 2.
6. Recommendation to authorize a budget amendment to recognize revenue Pg. 809 - 908
through reimbursement from Florida Department of Transportation (FDOT)
for the CR-901 Vanderbilt Drive Bridge Project.
7. Recommendation to consider approving a Resolution, amending the Collier Pg. 909 - 938
County Vehicle for Hire Administrative Policy Manual, providing for the
allowance of lettering on the rear windshields of the Charter Service Vehicles.
. 8. Recommendation to receive and approve the Collier County Floodplain Pg. 939 - 953
Management Plan 2010 Progress Report and adopt the 2011 Action Plan.
9. Recommendation to approve the purchase ofa Perpetual, Non-Exclusive Road Pg. 954 - 972
Right-of-Way, Drainage and Utility Easement (Parcel No. 442RDUE) which will
be required for the four-Ianing of Golden Gate Boulevard between Wilson
Boulevard and DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,283).
10. Recommendation that the Board of County Commissioners endorse changes to Pg. 973 - 998
the Code Enforcement Board's Rules and Regulations and Special Magistrate's
Rules and Regulations.
11. Recommendation to approve the Collier Metropolitan Planning Organization's Pg. 999 -1010
(MPO) Operating Budget for FY 2011/12, and budget amendments to recognize
grant revenues in the amount of $1,019,577, and $5,000 in local funding.
12. Recommendation to request the Board of County Commissioners waive false Pg.l0ll-
alarm citation fees for the District School Board of Collier County. 1014
13. Recommendation to approve the de-obligation of the Federal Transit Pg. 1015 -
Administrative (FTA) Grant Funds for 49 U.S.C. ~5316 (JARC) and 49 U.S.c. 1019
~5317 (New Freedom) Programs.
. 14. Recommendation to approve the Release of Liens in the Code Enforcement Pg. 1020 -
Actions entitled Board of County Commissioners vs. Carolina M. Alvarez, Code 1025
Enforcement Case Numbers CEPM20080005933 and CERR20080006426,
relating to property located at 724 109th Avenue North, Collier County, Florida.
. 15. Recommendation to approve and ratify Staff s extension of Contract # 06-3969 Pg. 1026 -
"Fixed Term Professional Engineering Services" with Pitman-Hartenstein, Inc. 1031
and approval ofa time extension change to Work Order # 4500117579 in order
to process the Consultant's final invoice for work completed for the "Progress
Avenue / Livingston Road Intersection Improvements."
16. Recommendation to approve and ratify Staffs extension of Contract # 09-5197 Pg. 1032 -
"Annual Contract for Roadway Contractors" with Better Roads, Inc. and 1039
approval of a time extension change to Work Order # 4500117578 in order to
process the Contractor's final invoice for work completed for the "2010
Countywide Sidewalk Improvements."
17. Recommendation to award ITB # 11-5646 "Nuisance Abatement Services," to Pg.l040 -
Neal's Lawn and Landscaping Maintenance, Inc., A-Nolan Landscaping and 1079
Lawn, A & M Property Maintenance, LLC, Ameri-Pride, Inc., Walker Exotic Tree
Eradication, Environmental Restoration Consultants, Inc., and Environmental
Mowing, Inc., in the estimated combined annual amount of $160,800.
18. Recommendation to award a construction contract to Better Roads, Inc. for Bid Pg. 1080 -
No. 11-5661 - Progress Avenue Roadway Improvements from Airport-Pulling 1090
Road to Commercial Boulevard" Project No. 60188-3, in the amount of
$475,243.02
. 19. Recommendation that the Board approve and authorize the Chairman to sign Pg. 1091-
an Underground Facilities Conversion Agreement with Comcast of the South, 1111
Inc ("Comcast") for Phase One Project as stipulated by Florida Public Service
Commission Tariff 6.310 for the conversion of overhead electric distribution
facilities and other non-electrical utilities located on utility poles within the
Vanderbilt Beach Municipal Service Taxing Unit (the 'MSTU') Underground
distribution and to approve payment to Comcast in the amount of $331,3 51.25
to cover the construction cost for conversion of Comcast from overhead utilities
to underground.
20. Recommendation to award Bid 11-5641, "Rock Road MSTU Lime Rock Road Pg. 1112 -
Maintenance" to Earthtech Enterprises, Inc. in the estimated amount of 1116
$67,036.15
21. Recommendation to authorize a budget amendment in the amount of $12 7,177 Pg.1117 -
for the required 50% local match to the Federal Transit Administration 1134
Sections 5307 FY 10 Grant.
22. To update the Board of County Commissioners on Public Petition Item #6A Pg. 1135 -
discussed at the Board of County Commissioners meeting on January 11, 2011 1188
by Anton Karaba and Eva Karabova seeking approval to retain the ten-foot
fence built on property located at 12243 Fuller Lane.
. 23. Recommendation to approve defined maintenance responsibilities for specific Pg. 1189 -
public, but unaccepted unplatted roadways in Collier County. 1197
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24.
Recommendation to approve the purchase of three fixed-route buses with
trolley decal wraps for Collier Area Transit in the amount of$1,123,911 funded
with FTA 5307 FYl0 grants. These buses are scheduled replacements and are
consistent with the adopted 2010 Transit Development Plan (TDP).
25.
Recommendation to waive formal competition, approve and authorize the
Chairman to sign Change Order #2 to Contract #08-5009 with Sire
Technologies, Inc. in the amount of $129,150, and authorize a budget
amendment from the Development Services Building Permit Fund 113 reserves
for $112,000, with the remaining balance of $17,150 to be expended from
current Fund 113 operating expenses, for the purpose of extending the
County's Electronic Content Management (ECM) system for the implementation
of ActiveReview, an Electronic Plan Submittal and Review system (EPSR)
designed for land use and building permit applications, and for enterprise
management of capital project plans.
B. COMMUNITY REDEVELOPMENT AGENCY
1.
Recommendation to the Board of County Commissioners to approve a budget
amendment authorizing the Immokalee Community Redevelopment Agency to
commit $212,000 ofCDBG Grant Award # CD 10-66 for FY2010-2011, Job
Creation Project, to Fund 715 for the Immokalee Business Development Center
(IBDC).
2.
A Resolution by the Board of County Commissioners of Collier County, Florida,
designating the parcels ofland depicted in the attached Exhibits A-G associated
with the Immokalee Enterprise Zone as a Brownfield Area of Collier County for
the purpose of economic development and environmental rehabilitation;
authorizing the County Manager or his designee to notify the Department of
Environmental Protection of said designation; and providing for an effective
date.
3.
Recommendation to award Bid #11-5691 for the construction of the Bayshore
Drive South Corridor Improvements in the amount of $943,599.42.
C. PUBLIC UTILITIES DIVISION
1.
Recommendation to reject all quotes for Lift Station 103.01 Rehabilitation
Project and re-quote Project 70046.
2.
Recommendation to approve a Utility Easement from Collier County to the
Collier County Water-Sewer District for Irrigation Quality (IQ) Water pipeline
and associated infrastructure including telemetry antennae, electrical panel,
meter assembly, electrical conduit, and for access on, over and across a portion
of the Veterans Park property located within Veterans Park off Immokalee
Road in Naples, Florida at an estimated cost not to exceed $44, Project Number
70062.
3.
Recommendation to approve a contract between the Florida Department of
Pg.1198 -
1251
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1275
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1307
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1453
Pg. 1454-
1457
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1467
Pg.1468 -
Environmental Protection and the Collier County Board of County 1494
Commissioners for the disposal of reclaimed waste from the Isles of Capri Park
. Project. The waste will be disposed of at the Collier County Landfill on a fee
schedule basis of $50.58 per ton for residential municipal solid waste, as
defined in the FY 2011 Rate Resolution, in an amount notto exceed $100,000.
D. PUBLIC SERVICES DIVISION
1. Recommendation to approve a budget amendment recognizing $64,391.41 in Pg.1495 -
revenue generated as program income when conveying properties acquired 1497
under the Neighborhood Stabilization Program, in addition to reallocating
funds within the program commitment items to accurately reflect ongoing
program expenses. (Fiscal impact $64,391.41)
2. Recommendation to approve and authorize the Chairman to sign one (1) Pg.1498 -
Subrecipient Agreement in the amount of $170,000 with Immokalee Non-Profit 1529
Housing d/b/a Immokalee Housing & Family Services using a Home
Investment Partnership Program (HOME) grant.
3. Recommendation to approve and authorize the Chairman to sign a U.S. Housing Pg. 1530 -
and Urban Development Community Development Block Grant Agreement 1566
providing funds to David Lawrence Mental Health Center, Inc., d/b/a David
Lawrence Center for $397,375 to provide energy improvements at three (3) of
its sites within Collier County.
. 4. Recommendation to approve and authorize the Chairman to sign Agreement Pg.1567 -
11-5693 with Collier County Child Advocacy Council, Inc. d/b/a Children's 1600
Advocacy Center of Collier County (CAC) to continue providing supervised
visitation services funded by a grant from the United States Department of
Justice, Office on Violence against Women and terminate Agreement 10-5385
with the CAC for convenience to accurately cover grant funding years.
5. Recommendation to approve and authorize the Chairman to sign an Pg. 1601 -
amendment to the 2010 Community Development Block Grant (CDBG) 1633
Subrecipient Agreement with the Community Redevelopment Agency (CRA)
Immokalee approved on October 26,2010 (Item 16D6). This amendment will
correct a scrivener's error and revise the scope of services on the original
agreement to include travel costs.
6. Recommendation to approve and authorize the Chairman to sign contract Pg. 1634 -
amendments between the Area Agency on Aging of Southwest Florida, Inc. and 1646
Collier County to extend the grant period by ninety days, approve budget
amendments to reflect funding for the FYll-12 State General Revenue Seniors
Programs in the amount of $838,546, and authorize the continued payment of
grant expenditures. (Fiscal impact $838,546)
7. Recommendation to approve and authorize the Chairman to sign an Agreement Pg.1647 -
. with Physician Led Access Network (PLAN) of Collier County for $488,000 to 1666
provide a shared information network for PLAN participants in Collier County.
Services will be paid on behalf of the PLAN program through a $594,000 grant
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awarded by the United States Department of Health and Human Services,
Health Resources and Services Administration (HRSA).
8.
Recommendation to approve a budget amendment in the amount of $11,625.13
to recognize revenue and its appropriate expenditures from the collection of
co-payments and contributions from the Housing, Human and Veteran Services,
Services for Seniors program. Total fiscal impact $11,625.13.
9.
This item is continued from the May 24,2011 BCC Meeting. Recommendation
to approve and authorize the Chairman to sign an amendment to the Collier
County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the
U.S. Department of Housing and Urban Development (HUD) Homeless
Prevention and Rapid Re-Housing (HPRP) Grant approved by the Board on
September 15, 2009, Item 16D19. This amendment will allow for a revision of
the Subrecipient Agreement to accommodate the HHC request to no longer
include Homeless Management Information System (HMIS) activities and to
allow HHC to more fully expend grant funds.
E. ADMINISTRATIVE SERVICES DIVISION
1.
Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Municipal Software Corporation to N. Harris
Computer Corporation as it relates to Contract #06-3962 "New Divisional
Software System for Community Development and Environmental Services
(CDES)."
2.
Recommendation to accept reports and ratify staff-approved change orders
and changes to work orders.
3.
Recommendation to authorize submittal of an Invasive Upland Plant Removal
Program grant proposal to the Florida Fish and Wildlife Conservation
Commission's Invasive Plant Management Section for contractor services to
treat invasive exotic vegetation within Pepper Ranch Preserve - SSA 7 in the
amount of $76,000.
F. COUNTY MANAGER OPERATIONS
1.
Recommendation to approve and authorize the Chairman to sign an addendum
to Contract # 10-5440 for enhancements to Book Direct Hotel Booking Service
with Jack Rabbit Systems for an annual expenditure of $18,250 for a total three
year agreement cost of $60,065.
2.
Recommendation to approve and authorize the Chairman to sign an Agreement
between Collier County and the Florida Division of Emergency Management
accepting a Grant award for $105,806 for Emergency Management Program
Enhancement and approve the associated budget amendment.
3.
Recommendation to adopt a resolution approving amendments (appropriating
grants, donations, contributions or insurance proceeds) to the Fiscal Year
2010-11 Adopted Budget.
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1848
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1856
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1866
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1904
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1907
4. Recommendation that the Board of County Commissioners approve a budget Pg.1908 -
. amendment transferring $118,000 from the Clam Bay Fund (320) 1913
Reserve/Transfers to the Clam Bay Fund (320) Ecosystem Enhancements.
G. AIRPORT AUTHORITY
1. Recommendation to approve a budget amendment in the amount of $5,000 to Pg.1914-
recognize revenue from the Immokalee Community Redevelopment Agency 1916
(CRA) for repairs to a modular building located at the Immokalee Regional
Airport to be used as the Immokalee Business Development Center (IBDC).
H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Fiala requests Board approval for reimbursement regarding Pg.1917 -
attendance at a function serving a Valid Public Purpose. Attended the Economic 1924
Development Council Post-Legislative Luncheon on May 25, 2011 at the
Moorings Park Grill Room in Naples, FL. $15 to be paid from Commissioner
Fiala's travel budget.
2. Commissioner Henning requests Board approval for reimbursement regarding Pg.1925 -
attendance at a function serving a Valid Public Purpose. Attended the Women's 1928
Council of Realtors' Wine and Food Extravaganza on May 25,2011 at the
Estuary at Grey Oaks, 1473 Anhinga Pointe, Naples, FL. $40 to be paid from
. Commissioner Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous items to file for record with action as directed. Pg. 1929-
1930
J. OTHER CONSTITUTIONAL OFFICERS
1. To obtain Board approval for disbursements for the period of May 7, 2011 Pg.1931-
through May 13, 2011 and for submission into the official records of the Board. 1945
2. To obtain Board approval for disbursements for the period of May 14,2011 Pg. 1946-
through May 20,2011 and for submission into the official records of the Board. 1958
3. To obtain Board approval for disbursements for the period of May 21,2011 Pg.1959 -
through May 27,2011 and for submission into the official records of the Board. 1975
4. Recommendation that the Board of County Commissioners approve the Pg.1976 -
fifteenth year SCAAP letter delegating authority to Sheriff Kevin Rambosk to be 1979
the official grant applicant and contact person, or his designee, and to receive
and expend the payment of the fifteenth year of State Criminal Alien Assistance
Program (SCAAP) grant funds.
. K COUNTY ATTORNEY
1. Recommendation to approve a Stipulated Final Judgment for Parcel No. 27T in Pg.1980 -
the lawsuit styled Board of County Commissioners v. Collier HMA, Inc., et aI., 2000
. Case No. 06-0013-CA and approve a Settlement Agreement and Release
between Collier County and Wal-Mart Stores East LP relating to the inverse
condemnation claim in the same case (CR 951 Water Transmission Mains
Project). (Fiscal Impact $20,000 after reimbursement)
2. Recommendation to hire outside trial counsel Bricklemyer, Smolker & Bolves, Pg. 2001 -
P.A. in the matter of Collier County v. First National Bank of Naples, Case 2004
Numbers 04-3587 and 04-3588 under contract # 06-4047 "Eminent Domain
Legal Services".
3. Request by the Housing Finance Authority of Collier County for re-approval of a Pg. 2005 -
resolution authorizing the Collier Authority to participate in the Lee County 2019
Housing Finance Authority to issue single-family mortgage revenue bond
program to assist qualified buyers of single family homes in participating
counties, including Collier County, and authorizing the Collier Authority to
enter into an interlocal agreement with the Lee Authority.
4. Recommendation that the Board of County Commissioners adopt a Resolution Pg. 2020 -
fixing the date, time and place for the Public Hearing for approving the Special 2030
Assessment (Non-ad valorem Assessment) to be levied against the properties
within the Pelican Bay Municipal Service Taxing and Benefit Unit.
. 5. Recommendation to authorize the making of an Offer of Judgmentto Pg.2031-
Respondent, Pocchi Construction, Inc., for Parcel Nos. 106FEE and 106TCE in 2036
the amount of $17,400 in the lawsuit styled Collier County v. Annette Pocchi, et
al., Case No. 10-2682-CA (Collier Boulevard Project No. 68056) (Fiscal Impact
$5,000).
6. Recommendation to approve settlement of the lawsuit captioned Collier County Pg. 2037 -
Board of County Commissioners v. Kim Christine Mudge in County Court in and 2041
for Collier County, Florida (Case No. 10-1075-CC), to settle a property damage
claim resulting from an automobile accident for the total settlement amount of
$5,222.09, payable to the County, and authorize the Chairman to sign a Partial
Release of Property Damage Claim.
7. Recommendation to approve in principal a Settlement Agreement with Bennett Pg. 2042-
Cinquegrana et aI. that settles in full the litigation styled: Bennett Cinquegrana, 2117
Rita Siegel, on behalf of themselves and all other persons similarly situated v.
Collier County, American Traffic Solutions, LLC and ATS American Traffic
Solutions, Inc., Case No. 09-7628-CA, now pending in the Circuit Courtfor the
Twentieth Judicial Circuit in and for Collier County, Florida.
8. Recommendation that the Board of County Commissioners authorizes an Pg. 2118-
increase in the purchase order for Carlton Fields, P.A. to exceed the 2119
$100,000.00 cap in the case of Collier County v. John Reynolds & Sons, Inc., et
. aI., Case No. 10-6658-CA (South Reverse Osmosis Raw Water Wellfield Pipeline
Project No. 70030) (Fiscal Impact an additional $150,000).
.
.
.
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.
Should a hearing be held on this item, all participants are required to be sworn in.
PUDZ-2007-AR-12292: Cope Reserve RPUD -- An ordinance amending Ordinance
Number 2004-41, 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 the Residential Planned Unit Development (RPUD) Zoning District
for a project to be known as the Cope Reserve RPUD. The project proposes a total of
43 single-family detached dwelling units in Section 8, Township 50 South, Range 26
East, Collier County, Florida, consisting of 14.3:!: acres; and by providing an effective
date.
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.
ABW-PL2011-0568, Silver Spot Theatre, a Resolution of the Board of Zoning Appeals
of Collier County, Florida, relating to Petition Number ABW-PL2011-0568, granting a
waiver pursuant to Section 5.05.01.A.6 of the Land Development Code, concerning
two establishments selling alcohol for on-site consumption and deriving less than
fifty-one percent of their sales from food items and having a minimum separation
distance ofless than 500 feet from another such establishment, which are located at
units 8205 and 8210 in the Mercato Mixed Use Planned Unit Development in Section
34, Township 48 South, Range 25 East, Collier County, Florida.
C.
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.
CU-PL2010-1949, Hitching Post, A Resolution of the Board of Zoning Appeals of
Collier County, Florida, providing for the establishment of a Conditional Use to allow
a coin operated amusement arcade within a C-3 Zoning District pursuant to
Subsection 2.03.03.C.l.c.4 of the Collier County Land Development Code for property
located in Section 33, Township 50 South, Range 26 East, Collier County, Florida.
D.
Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County
Code of Laws and Ordinances (The Collier County Consolidated Impact Fee
Ordinance) providing for modifications to the provisions related to the annual
payments required to obtain and maintain a Certificate of Public Facility Adequacy. A
report to the Board of County Commissioners will be provided, on
program/development activity one year after the effective date of the changes, as
directed by the Board of County Commissioners on May 10~ 2011. Additionally, that
the Board of County Commissioners direct the County Attorney and the County
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2237
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2268
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2331
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2346
.
.
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Manager, or his designee, to prepare the necessary amendments to the Collier County
Land Development Code, to accommodate these types of payment changes and
specify Chapter 74 of the Collier County Code ofLaws and Ordinances as the
controlling provisions, to be included as part of the next scheduled update cycle.
E.
Recommendation that the Board of County Commissioners approve an amendment to
Ordinance Number 09-22, the Planned Unit Development (PUD) time limits and time
limit extension requirements as found in Section 10.02.13.D of the Collier County
Land Development Code (LDC). .
F.
Recommendation that the Board approve a proposed amendment to Collier County
Ordinance No. 2006-56, the Rock Road Improvement Municipal Service Taxing Unit,
to amend the geographical boundaries of the MSTU to remove two properties that no
longer derive benefit from the MSTU's stated purpose, to add properties determined
to derive benefit, and to create an advisory committee to provide input to county staff
as to future projects within the MSTU.
G.
Recommendation to adopt an ordinance amending Chapter 49 of the Collier County
Code of Laws and Ordinances, relating to economic development, which will establish
additional criteria to be evaluated (1) when there is a request to lessen or waive
certain requirements in existing economic development ordinances and programs,
and (2) when there is an application seeking grants and/or other incentives which
fall outside existing economic development ordinances and programs.
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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2356
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2369
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2379