Agenda 09/27/2011 Item #10L
Agenda Changes
Board of County Commissioners Meeting
September 27,2011
Item 9B: Vacancy for District 2 Planning Commissioner to be re-advertised and continued to a
subsequent BCC Board Meeting. (Commissioner Hiller's request)
Add Item 9D: Recommendation to appoint 2 Commissioners as regular members, 3 Commissioners
as alternate members to the Value Adjustment Board. Per Ordinance Number 2011-17 a majority
vote of the Board is required to add this document to the agenda since it was submitted following the
publication of the printed agenda. (Requested by the Executive Manager of the BCe)
Item lOA: Add Commissioner Hiller's evaluation of the County Manager to this agenda item. Per
Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the
agenda since it was submitted following the publication of the printed agenda.
Continue Item 10D to the October 11. 2011 BCC Meeting: Recommendation to approve and
ratify staffs unauthorized Zero Dollar Time Extension Change Order for Professional Engineering
Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227
in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staffs
unauthorized action of request for services, and then make a finding of quantum meruit based on the
value of the benefit received. (County Attorney's request)
Move Item 10L to 16A16:
Recommendation to approve the
Ribbon Cutting Ceremony for the new
Transit Route between Collier County and
Lee County to be known as the "LinC" and
to authorize the Chairman to sign all
applicable agreements associated with
use of private property for the event
scheduled for October 6, 2011.
(Commissioner Henning's request)
Item llA: Add Commissioner Hiller's evaluation of the County Attorney to this agenda item. Per
Ordinance Number 2011-17 a majority vote of the Board is required to add this document to the
agenda since it was submitted following the publication of the printed agenda.
Item 13Al: Add Commissioner Hiller's evaluation of the Airport Authority Executive Director to
this agenda item. Per Ordinance Number 2011-17 a majority vote of the Board is required to add this
document to the agenda since it was submitted following the publication of the printed agenda.
Withdraw Item 16Al0: Recommendation to approve Request for Reimbursement as an exception to
the County Manager Agency Organization Code ("CMA") # 5346, Reimbursement of Relocation
Expenses in the amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic Operations for the
Growth Management Division. (Staffs request. Need for additional review of back-up materials)
Move Item 16A15 to Item 10M: Recommendation to direct the County Manager or his designee to
amend the Collier County Land Development Code (LDC) and Right-of-Way Ordinance in regards to
storage containers, Planned Unit Development (PUD) Annual Monitoring Reports, specific standards
for the location of accessory buildings and structure provisions to include Personal Storage
Containers (PODS), number of dogs allowed in residential districts, and exceptions to a Right-of-Way
(ROW) permit meeting specific criteria. (Commissioner Hiller's request)
Move Item 16Bl to Item 13Bl: Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and executes an amendment to the employment agreement between the CRA
and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, extending the term of
employment four years and modifying severance terms, and authorize the CRA Chairman to sign.
(Commissioner Hiller's request)
Move Item 16D9 to Item 10N: Recommendation to approve a budget amendment recognizing
$284,110.45 in revenue generated as program income when conveying property acquired through the
Neighborhood Stabilization Program. (Fiscal impact $284,110.45) (Commissioner Hiller's request)
Continue Item 16E2 to the October 11. 2011 BCC Meeting: Recommendation to approve a Revenue
Commitment Contract with Naples News Media Group to receive discounted pricing on advertising.
(Staffs request to clarify the language in the recommendation section of the executive summary.)
Continue Item 16F5 to the October 11. 2011 BCC Meeting: Recommendation to approve the Fiscal
Year 2012 Strategic Plan for the Naples Marco Island, Everglades Convention & Visitors Bureau (CVB).
(Staffs request)
Add Item 16H2: Proclamation recognizing the heroic actions ofChokoloskee resident Dwain Daniels
when he rescued ninety-year old Margaret Webb who was being attacked by an alligator. The
Proclamation designates September 24, 2011 as "Dwain Daniels Day". Per Ordinance Number 2011-
17 a majority vote of the Board is required to add this document to the agenda since it was submitted
following the publication of the printed agenda. Sponsored by Commissioner Henning.
Time Certain Items:
Item 101 to be heard at 11:00 a.m.
~
Items 8B and 17 A 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.
Item 16B3 fiscal impact should read: Of the $400,00.00 $400,000.00 in the FY-2011 budget,
$384,965.94 has been awarded by the CRA Board and $15,034.06 remains. (Commissioner Fiala's
request)
Item 16C3: The work order made part of the agenda back-up is dated September 2,2011. The County
Attorney's Office has requested that this date be changed to the BCC approval date, September 27,
2011, if this item is approved by the Board.
Item 16G2: The date referenced for the event is incorrect. The first event for the 38th Annual Sun-n-
Fly Event in Lakeland Florida is scheduled for March 27 through April 1, 2012.
9/27/2011 9:45 AM
9/2712011 Item10.L.
r"'\
EXECUTIVE SUMMARY
RecomJDendation to approve the Ribbon Cntting for the new Transit Route into Collier County
from Lee County to. be known and the Line and authorize the Chairman to sign all applicable
agreements associated with use of private property for the event scheduled for October', 2011.
OBJECTIVE: To obtain approval from the Board of County Commissioners for the Ribbon Cutting
event for the new Transit Route into Collier County .from Lee County to be known as the "LinC".and
authorize the Chairman to sign all applicable agreements associated with use of private property for
the event scheduled for October 6, 2011.
r".,
CONSIDERATI9NS: Collier County and Lee County have been working together for the past 5
years. in an effort to provide a Fixed bus Route to between the counties. . On October 6, 2011, the
citizen of both counties will be able to ride transit cross county lines to get to their desired
destinations. In order to commemorate the beginning of transit route service between Lee and
Collier counties, staffhas planned a public "ribbon-cutting ceremony" to occur on October 6,2011 at
the location where riders of the new route will be able to transfer to existing routes in the Collier
Transit system.
The ceremony will take place on land owned by Barron Collier Companies (1171 Creekside
Parkway, Naples, Florida 34109) and overflow parking will be provided on a parking lot located at
1] 00 Irnmokalee Road, owned by Scripps Media, Inc. dba Naples Daily News (NDN). In order to
utilize these properties the County must enter into agreement with the property owners. The required
documents are attached to this executive summary for the Board's review and approval. .
FISCAL IMPACT: This item has no fiscal impact.
LEGAL CONSIDE~ TIONS: This item has been reviewed and approved by the. County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval-SRT.
GROWTH MANAGEMENT IMP ACT: This item does not impact or conflict with the Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approves the Ribbon Cutting
. event for the new Transit Route known as the LinC and authorizes the Chairman to sign the
Agreement on behalf of the Board.
Prepared by: Michelle Edwards Arnold, Alternative Transportation Modes Director
Attachments: 1) Temporary License and Right of Entry; 2) NDN Parking Lot Use Agreement
~
Packet Page -912-
9/27/2011 Item 10.L.
--.
COLLIER COUNTY
Board of County Commissioners
Item Number: 10.L.
Item Summary: Recommendation to approve the Ribbon Cutting Ceremony for the new
Transit Route between Collier County and Lee County to be known as the "LinC" and to
authorize the Chairman to sign all applicable agreements associated with use of private
property for the event scheduled for October 6, 2011 (Michelle Arnold, Director, Alternative
Transportation Modes, Growth Management Division).
Meeting Date: 9/27/2011
Prepared By
Name: ArnoldMichelle
Title: Director - Alt Transportation Modes,Alternative Tr
9/20/2011 4:26:00 PM
~.
Submitted by
Title: Director - Alt Transportation Modes,Alternative Tr
Name: ArnoldMichelle
9/20/2011 4:26:02 PM
.. Approved By
Name: BetancurNatali
Title: Executive Secretary,Transportation Engineering & C
Date: 9/21/2011 9:48:19 AM
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Date: 9/21/2011 9:52:32 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 9/21/2011 Il:I0:44AM
---
Name: FederNorman
Title: Administrator - Growth Management Div,Transportati
Packet Page -913-
9/27/2011 Item 10.L.
Date: 9/21/2011 4:56:32 PM
.~
Name: MuckelCynthia
Title: Applications Analyst,Information Technology
Date: 9/21/2011 5:11:05 PM
Name: MuckelCynthia
Title: Applications AnalystJnformation Technology
Date: 9/21/2011 5: 11 :49 PM
Name: OchsLeo
Title: County Manager
Date: 9/21/20115:17:11 PM
~
~
Packet Page -914-
9/27/2011 Item 10.L.
TEMPORARY LICENSE AND RIGHT OF ENTRY
..-..
This Temporary License and Right of Entry is given this _ day of
, 2011, by Creekside West, Inc. a Florida corporation (hereinafter
referred to as "Licensor") whose business address is 2600 Golden Gate Parkway,
Naples, Florida 34105, to COLLIER COUNTY, a political subdivision of the State of
Florida, its agents, contractors or assigns, whose mailing address is 3301 Tamiami Trail
East, Naples, Florida 34112 (hereinafter collectively referred to as "Licensee"), for the
express purpose of holding a public "ribbon-cutting ceremony" on October 6, 2011, to
commemorate the beginning of transit route service between Lee and Collier counties
(the Collier Area Transit I Lee Tran- "LinC" route) to be held at the Licensor's lands at
1171 Creekside Parkway, Naples, Florida 34109 (Parcel # 29331190725).
ALL RIGHT AND PRIVILEGE given by this Temporary License and Right of Entry shall
terminate upon the clean-up and removal of all equipment brought to the site by
Licensee but in no case later than 12:00 P.M. October 7,2011.
~,
ENTRY ONTO LICENSOR'S LANDS by Licensee, shall constitute acceptance of this
Temporary License and Right of Entry, and such acceptance shall carry with it the
Licensee's promise to obtain any and all permits required to conduct a ribbon-cutting
ceremony, provide Licensor with certificate evidence of comprehensive general liability
insurance with a minimum limit of general liability of One Million Dollars ($1,000,000.00)
per occurrence and Two Million Dollars ($2,000,000.00) aggregate for personal injuries
or deaths of persons occurring in or about the Licensors lands issued by insurance
companies licensed to do business in the state of Florida with general policyholder's
ratings of at least A and a financial rating of at least XI in the most current Best's
Insurance Reports and naming the Licensor as additional insured and, to the extent
permitted by Florida law, as limited by Florida Statute S 768.28, to indemnify and hold
harmless the Licensor from and against any and all claims and demands and causes of
action, which may arise as a result of Licensee's performance or activities under this
agreement, including, but not limited to, all claims and demands and causes of action,
personal injury, death, or damage to property sustained by any person, firm, or
corporation, including, without limitation, the employees, agents, or Contractors of
COLLIER COUNTY, together with all costs and a reasonable attorney's fee for
defending the same.
The rights and interest conveyed hereunder are conditioned upon the reasonable
exercise thereof by Licensee. Licensee agrees not to unreasonably interfere with
Licensor's use of its lands. Additionally, Licensee agrees that it shall, at the Licensee's
cost, repair any damage caused .to Licensor's property as a result of Licensee's
negligence.
Licensee's right of entry onto Licensor's lands is contingent upon no other provisions,
conditions, or premises other than those so stated above; and there are no other prior
or contemporaneous written or oral agreements, undertakings, promises, warranties, or
covenants not contained herein.
IN WITNESS WHEREOF, the Licensor and Licensee have caused this
Temporary License and Right of Entry to be executed by their duly authorized
representatives.
LICENSOR:
WITNESSES:
Creekside West, Inc.
By:
Print Name:
Name:
~
Title:
Print Name:
Packet Page -915-
Attest:
DWIGHT E. BROCK, Clerk
By:
, Deputy Clerk
Approved as to form and legal sufficiency:
Scott R. Teach,
Deputy County Attorney
9/27/2011 Item 10.L.
LICENSEE:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
By:
FRED W. COYLE, Chairman
Packet Page -916-
2
~
~
~
9/27/2011 Item 10.L.
~
DAVE NEILL
PRESIDENT AND PUBLISHER
1100 IMMOKALEE ROAD
NAPLES, FLORIDA 34110
(239) 262-3161
(239) 435-3482 FAX
www.naplesnews.com
Naples maily News
At the request of Collier County Government (CCG), Scripps Media, Inc. dba Naples Daily News (NDN)
agrees to allow CCG to use the specifically marked portion of the NDN parking lot at 1100 Immokalee
Road from lOam to noon on Thursday, October 6,2011. This loan of parking lot space, at no charge, is for
attendees to park during the Lee Tran and Collier Area Transit ceremony event at Creekside Parkway.
Either party may terminate this agreement upon 15 days written notice to the other party.
CCG acknowledges that NDN does not operate a public facility and NDN makes no warranty or
guarantee as to the safety, security or adequacy of the parking lot for CCG' s intended use nor the safety,
security or adequacy ofNDN premises in general. CCG accepts the specifically designated parking area,
surrounding area and building, adjacent curbs and sidewalks in as-is condition. CCG shall provide all
accoutrements necessary for its event including water and electricity, trash receptacles, signage, tables,
chairs, etc.
During the event, CCG's contact person and cell phone number are: Michelle Arnold - (239) 877-
8138; Glama Carter - (239) 438-2045 and this individual will be available at all times and have the
authority to immediately address NDN concerns. CCG will return the parking lot and surrounding
premises to its pre-event condition, including removal of all waste within 3 hours of close of the event and
repair or replace within a reasonable amount oftime and to NDN satisfaction any damage to NN premises,
property or landscaping. Should CCG fail to do so, CCO agrees to pay NDN upon request any reasonable
cost NDN incurs to correct CCG' s deficiencies.
,.-"
CCG agrees to indemnify, defend and hold NDN harmless from any and all claims, loss, injury,
damage, liability and legal expense arising in any way from or in connection with the event, to the extent
permitted by Florida Laws, as limited by Florida Statute S768.28. CCG acknowledges that NDN assumes
no responsibility for any claim, loss, injury, damage, liability or legal expense from any cause whatsoever
and names NDN as additional insured as respects General Liability.
During the term ofthis agreement CCG is self-insured in amounts sufficient for the following
coverage. The certificate shall provide that insurance will not be modified or cancelled without first
providing NDN prior written notice. Failure to provide such certificate will automatically result in NDN's
withdrawal of permission to use the parking lot.
1. Commercial general liability insurance with a combined single limit of not less than $1,000,000
per occurrence, Scripps Media, Inc. dba Naples Daily News is named additional insured on this
policy;
2. Auto liability insurance with a limit of not less than $1,000,000 per occurrence, Scripps Media,
Inc. dba Naples Daily News is named additional insured on this policy;
3. Excess liability insurance with a limit of not less than $1,000,000 per occurrence, Scripps Media,
Inc. dba Naples Daily News is named additional insured on this policy.
address
Scripps Media, Inc. dba Naples Daily News
1100 Immokalee Road
Naples, Florida 34110
Collier County Government
Officer signature and date
Officer signature and date
Dave Neill. President and Publisher
Print Officer name
---
~
III
A SCRIPPS NEWSPAPER
Packet Page -917-