Backup Documents 04/09/2013 Recap COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
Co i
0
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 09, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Vice- Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Chairman
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.
Page 1
April 9,2013
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 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.
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. Dr. Ronald Patterson - Naples United Church of Christ
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Approved and/or Adopted w/changes except #16D9 — 5/0; Motion to
Approve #16D9 —Approved 4/1 (Commissioner Nance opposed)
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
Adopted w/changes— 5/0
Page 2
April 9,2013
C. Approval of today's regular agenda as amended
Approved and/or Adopted w/changes— 5/0
D. March 12, 2013 - BCC/Regular Meeting Minutes
Approved as presented — 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating April 20-21, 2013 as Conservancy of Southwest
Florida Grand Reopening Weekend. To be accepted by Andrew McElwaine,
President and CEO, Conservancy of Southwest Florida. Sponsored by
Commissioner Hiller.
Adopted — 5/0
B. Proclamation designating April 2013 as Child Abuse Prevention Month and
recognizing the Children's Advocacy Center for its life-changing work and
service to the abused and neglected youth in Collier County. To be accepted
by Jackie Stephens, CEO, Children's Advocacy Center. Sponsored by
Commissioner Hiller.
Adopted — 5/0
C. Proclamation designating April 2013 as Sexual Assault Awareness Month in
Collier County. To be accepted by Michelle English, Executive Director,
Project Help and Eileen Wesley, Victim Service Coordinator, Project Help.
Sponsored by Commissioner Coyle.
Adopted — 5/0
D. Proclamation designating April 21-27, 2013 as Crime Victim's Rights Week
in Collier County. To be accepted by Angela Larson, Victim's Services
Supervisor, Collier County Sheriffs Office and Betty Ardia-McGuire, State
Attorney's Office. Sponsored by Commissioner Coyle.
Adopted — 5/0
E. Proclamation designating April 2013 as Parkinson's Disease Awareness
Month in Collier County. To be accepted by Michael and Gretchen Church,
Parkinson's Action Network. Sponsored by Commissioner Fiala.
Adopted — 5/0
Page 3
April 9,2013
F. Proclamation recognizing the Special Olympics of Collier County (SOCC)
for its work in the community and to raise awareness of its cause. To be
accepted by David McKenzie, County Coordinator, SOCC; Sue Palmer,
Fundraising Director, SOCC; Fritz Sullivan, Marketing Director, SOCC;
Matt Berman, Founder, Stand Up Paddle (SUP); MJ Weibling, SUP Coach;
Taylor Masiero, SUP Head Coach; Viviana Pantoja, Athlete and Martin
Grasser, Athlete. Sponsored by Commissioner Hiller.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for April 2013 to
Lutgert Insurance. To be accepted by Bud Hornbeck, President; Patty
Hornbeck, Associate; Scott Lutgert, Owner; Steve Benza, Vice President;
Marc Williams, Vice President; and Howard Gutman, Owner.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Randall J. Cohen regarding practices and
procedures.
Motion directing the County Attorney to take issues presented to the
State Attorney's Office and the Florida Bar— Approved 5/0
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Randy Cohen — Blocker Settlement
B. John Lundin — Hydraulic fracking
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Request for reconsideration of Item #10H from the March 12, 2013
BCC Meeting titled: Recommendation that the Board of County
Page 4
April 9, 2013
Commissioners direct staff to prepare solicitations for the post of County
Medical Director and Deputy County Medical Director; that the positions of
County Medical Director and Deputy County Medical Director be posted to
accept applications by April 1, 2013; further, that staff bring back the slate
of all applications received for the board's review and consideration by the
first board meeting in May, 2013. The solicitation for the position of County
Medical Director shall provide that the applicant shall not be affiliated
directly, nor indirectly with any local hospital. The County Medical
Director approves the county's emergency service protocols and as such all
conflicts of interest in appearance and in fact must be avoided for ethical and
legal reasons. (Commissioner Coyle)
Motion to reconsider— Failed 2/3 (Commissioner Hiller, Commissioner
Nance and Commissioner Henning opposed)
B. Appointment of member to the Pelican Bay Services Division Board.
Resolution 2013-87: Appointing Frank C. Dickson, II — Adopted 5/0
C. Appointment of member to the Affordable Housing Advisory Committee.
Resolution 2013-88: Appointing Mark Strain —Adopted 4/1
(Commissioner Coyle opposed)
D. Appointment of member to the Collier County Public Safety Authority.
Resolution 2013-89: Appointing Dr. Matt Everett—Adopted 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to Award Bid #13-6040, "Doral Circle Water,
Wastewater, and Stormwater System Replacement," in the amount of
$2,368,450 to Denco Construction Inc., for rehabilitation of potable water,
sanitary sewer, and stormwater management systems serving the Doral
Circle Subdivision, Project Nos. 71010, 70046, 70043 and 60125. (George
Yilmaz, Public Utilities Administrator)
Approved — 5/0
B. Recommendation to direct staff to advertise and bring the Board a proposed
ordinance providing for an additional homestead exemption for certain
qualifying senior citizens pursuant to passage of Florida Constitutional
Amendment 11 on November 6, 2012. (Mark Isackson, Corporate Financial
and Management Services Director)
Approved — 5/0
Page 5
April 9,2013
C. Recommendation to approve the position description, salary range and
employment agreement for the Collier County Hearing Examiner. (Len
Price, Administrative Services Administrator)
Approved — 4/1 (Commissioner Coyle opposed)
D. Recommendation to authorize the conversion of twelve permitting and
inspection job bank positions to full time equivalent positions for Fund 113,
five plan review and inspection job bank positions to full time equivalent
positions for Fund 131, and one new full time equivalent position for Fund
113. (Nick Casalanguida, Growth Management Administrator)
Motion to approve and direct staff to provide an analysis of revenue vs.
support cost for future fee adjustments — Approved 5/0
E. Recommendation to accept a priority listing, installation schedule and
project budget for emergency vehicle pre-emption and confirmation beacons
on the Collier County traffic signal system. (Nick Casalanguida, Growth
Management Administrator)
Approved — 5/0
12. COUNTY ATTORNEY'S REPORT
Moved from Item #16K3 (Per Agenda Change Sheet)
A. Recommendation to approve and authorize the Chairwoman to execute a
Settlement Agreement and Release in the lawsuit entitled John E. Chandler
v. Collier County, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida (Case No. 13-644-CA) for the sum of$1,474.50.
Approved — 4/1 (Commissioner Fiala opposed); Discuss w/legislative
delegation to clean up the loophole
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the
Circuit Court's Office regarding Audit Report 2013-1 Parks and Recreation
Freedom Park Cash Review.
Motion to accept presentation and directing staff to review and respond
to findings and request the Clerk's Office bring back an audit summary
noting corrective actions taken —Approved 4/0 (Commissioner Coyle
absent)
Page 6
April 9,2013
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation that the Board of County Commissioners, acting
as the Collier County Airport Authority, review options, consider
planning and business structures, and prepare to provide direction
regarding the improvement of management and development of the
real estate assets associated with the Collier County Airports, and
especially the Immokalee Airport Planned Unit Development.
Options to consider should include, but not be limited to, maintaining
existing Airport Authority/Executive Director Structure, engaging a
professional Real Estate Consultant, contract Real Estate
Management, Long-term lease of real estate (Public-Developer
Partnership), sale of real estate (Full Privatization) and/or any
combination thereof. (Commissioner Nance)
Motion requesting the County Manager to advertise an RFP to
secure services of a professional real estate management firm to
administer management responsibilities including leasing,
marketing and development of commercial and industrial real
estate at the county's airports — Failed due to no majority 2/2
(Commissioner Fiala and Commissioner Henning opposed)
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Ochs—July 23rd Meeting on summer schedule
B. County Manager Ochs — "2013 Sunny Award" received by the County
C. Commissioner Fiala — Bayshore CRA Executive Director Search
D. Commissioner Fiala — Possible land to use for a remote control park
E. Commissioner Nance — Limerock road conversion and a possible MSTU
program to help fund road paving projects
F. Commissioner Henning— Happy Birthday Commissioner Fiala
G. Commissioner Henning— Tallahassee Consortium Meeting
H. Commissioner Henning— North Naples Fire Department's interest
regarding EMS; Motion for Chairwoman to send a letter to NNFD
requesting they discuss consolidation with Golden Gate and East Naples
Fire Departments —Approved 4/0 (Commissioner Coyle absent)
I. Commissioner Hiller— Collier County's recent job creation award
Page 7
April 9,2013
J. Commissioner Hiller—Regarding outsourcing real estate transactions
K. Commissioner Henning— Motion to adjourn — Consensus
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/changes except #16D9 — 5/0;
Motion to Approve #16D9 —Approved 4/1 (Commissioner Nance opposed)
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to adopt a resolution accepting dedications in the
plat of Brooks Village as recorded in Plat Book 49, pages 27 and 28.
(Collier Boulevard Project No. 68056.) Estimated fiscal impact: $540
per annum.
Resolution 2013-82
2) Recommendation to award contracts to Stewart Title Company and
American Government Services Corporation under Bid #13-6043,
"Real Estate Title & Closing Services."
For prospective right-of-way and other real property acquisitions
3) 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. (Ex Parte added per
Agenda Change Sheet) Recommendation to approve for recording
the final plat of Watercourse at Talis Park, (Application Number
PL20120002768).
Located in Section 7, Township 48 South, Range 26 East
4) 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. (Ex Parte added per
Agenda Change Sheet) Recommendation to approve for recording
the final plat of Sabal Bay Commercial Plat - Phase Four, AR-13453,
approval of the standard form Construction and Maintenance
Page 8
April 9,2013
Agreement and approval of the amount of the performance security.
W/Stipulations
5) Recommendation to ratify and approve a Stipulated Final Judgment as
to Parcel 124FEE as part of US-41 / Collier Boulevard Intersection
Improvement Project No. 60116. Fiscal Impact: $39,000.
Folio #25910000502
6) Recommendation to approve an Easement Agreement for the
acquisition of a Drainage Easement (Parcel No. 271 DE) which is
required for the construction of the Haldeman Creek and Crown
Pointe Weirs segment of the Lely Area Stormwater Improvement
Project (Project No. 51101). Estimated Fiscal Impact: $14,130.
Folio #53002400008
7) Recommendation to approve the release of lien in the amount of
$10,869.48 for payment of$1,569.48, in Code Enforcement Action
entitled Board of County Commissioners vs. Eleanor D. Vander
Meiden, Code Enforcement Case Number CEPM20120003507,
relating to property at 346 Edgemere Way N, Collier County, Florida.
For an unmaintained pool for a non-compliant period of 39 days
and brought into compliance on September 18, 2012
8) Recommendation to approve the release of lien in the amount of
$454,970.39 for payment of$44,570.39, in Code Enforcement Action
entitled Board of County Commissioners vs. Elinord Pierre, Code
Enforcement Case Number 2006050703, relating to property at 186
3rd Street, Collier County, Florida.
For an illegal conversion of structure for a non-compliant period
of 2,258 days and brought into compliance on January 3, 2013
9) Recommendation to approve the release of lien in the amount of
$60,803.15 for payment of$6,753.15, in the Code Enforcement
Action entitled Board of County Commissioners vs. Primitivo Lara,
Code Enforcement Case Number CEPM20090000375, relating to
property located at 5020 27th Place SW, Collier County, Florida.
For an unsafe building caused by fire for a non-compliant period
of 218 days and brought into compliance on April 13, 2010
Page 9
April 9,2013
10) Recommendation to approve final acceptance of the water utility
facility for North Collier Regional Park Children's Museum PL
20110000902, and WalMart Store Expansion PL 20110001308 and to
authorize the County Manager, or his designee, to release the Utility
Performance Security Bond (UPS) in the total amount of$4,441.71
and the Final Obligation Bond in the total amount of$8,000 to the
Project Engineer or the Developer's designated agent.
The utility infrastructure connected beyond the master meter is
owned and maintained by the owner
11) Recommendation to award Bid #13-6034 "Naples Manor Sidewalk
Improvements" for construction of sidewalk improvements on
Floridan Avenue, Georgia Avenue, Hardee Street, and Jennings Street
to Owen-Ames-Kimball Company in the amount of$730,996.08.
For 5-foot sidewalks and driveway reconstruction to meet ADA
requirements
12) Recommendation to receive and approve the Collier County
Floodplain Management Plan 2012 Progress Report.
As detailed in the Executive Summary
13) Recommendation to approve and authorize the Chairwoman to sign a
Collier County Landscape Maintenance Agreement between Collier
County and the Strand Master Property Owners Association for a
landscape planting buffer along Veterans Memorial Boulevard and
reduce the permitting fees from $2,000 for a commercial large
residential development to $200 for a residential landscaping site.
Insuring the community will maintain the planting accordingly
14) Recommendation to accept a traffic signal study report on the
intersection of Lake Trafford Road (CR 890) and N 19th Street in the
unincorporated town of Immokalee and approve the programming of
an intersection improvement and traffic signal installation at this
intersection. (Project Nos. 60172 and 60016)
The study calls for the installation of traffic signal and crosswalks
15) Recommendation to award Contract No. 13-6052 Coronado Canal and
Gator Slough Canal Bridge Repairs to CSJ of SW Florida, Inc. in the
amount of$460,261.95, Project No. 66066.
For the construction/repair of both bridges
Page 10
April 9, 2013
16) This item continued from the March 26, 2013 BCC Meeting.
Recommendation to approve and authorize the Chairwoman to
execute a Promotional Fund Private Grant Agreement in the amount
of$500,000 for the County's artificial reef program, accept donated
professional services from Turrell, Hall and Associates Inc., and
approve any necessary budget amendments.
For constructing 20 new 400 ton state-of-the-art artificial reefs
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Community Redevelopment Agency
(CRA) Board approve a budget amendment to the Collier County
Community Redevelopment Agency - Immokalee (CRA) Fund (186)
budget that reestablishes funding for the CRA's Commercial Facade
Improvement Grant Program.
C. PUBLIC UTILITIES DIVISION
Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet)
1) Recommendation to direct the County Manager or his designee to
advertise an ordinance repealing and replacing the Collier County
Reclaimed Water System Ordinance, Ordinance No. 98-37, as
amended.
Continued to the April 23, 2013 BCC Meeting (Per Agenda Change Sheet)
2) Recommendation to direct the County Manager or his designee to
advertise an ordinance amending Ordinance No. 2001-73, the Collier
County Water-Sewer District Uniform Billing, Operating, and
Regulatory Standards Ordinance.
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a substantial amendment for the
FY2011-2012 Collier County U.S. Department of Housing and Urban
Development (HUD) Action Plan amending Empowerment Alliance
of SW Florida Homebuyer Education's project description to remove
reference to a funding source not intended to be included.
Page 11
April 9,2013
2) Recommendation to approve a substantial amendment to the FY2011-
2012 and FY2012-2013 Action Plan for repayment of U.S.
Department of Housing and Urban Development (HUD) HOME
Initiative Partnership (HOME) funds for Activity #195 Cirrus Pointe
(FY2005-2006), and authorize necessary budget amendments.
For repayment of federal grant funds that required the project be
completed in 2007
3) Recommendation to approve seven (7) mortgage satisfactions for
State Housing Initiatives Partnership (SHIP) loan in the amount of
$51,610.
For properties at: 4339 29th Ave NE, Naples; 3321 Olympic Drive,
#611, Naples; 4201 22nd Ave. SW #93, Naples; 2873 Inlet Cove
Lane W, Naples; 5-201 Windsor Place, #201, Naples; 653 Squire
Circle #201, Naples and 1292 Allegiance Way, Immokalee
4) Recommendation to approve two (2) mortgage satisfactions for State
Housing Initiatives Partnership Program (SHIP) in accordance with
the Board's Short Sale Policy, in the amount of$2,868.60.
For properties at 177 Santa Clara Drive #7, Naples and 5116
Quail Roost Road, Immokalee
5) Recommendation to approve a substantial amendment for the
FY2012-2013 Collier County U.S. Department of Housing and Urban
Development (HUD) Action Plan amending the Youth Haven Safe
and Secure Home for Collier Youth Program.
For the rehabilitation of two cottages and upgrades including
campus security, lighting and fencing
6) Recommendation to approve the electronic submittal of Senior Corps
Retired and Senior Volunteer Program (RSVP) application for FY13-
14 grant funds in the amount of$54,522 with a required match of
$23,367 to the Corporation for National and Community Service, for
the continuation of the Collier County sponsored RSVP program, and
authorize the necessary budget amendments.
With the grant period July 1, 2013 thru June 30, 2014
7) Recommendation to award RFP #13-6014 Vanderbilt Beach
Concession and authorize the Chairwoman to sign a contract with
Page 12
April 9, 2013
Day-Star Unlimited, Inc. d/b/a Cabana Dan's.
As detailed in the Executive Summary
8) Recommendation to accept the staff report regarding actions taken to
enhance Payroll Time Controls within the Parks and Rec Department.
As detailed in the Executive Summary
9) Recommendation to approve proposed changes that would repeal and
replace the Animal Control Ordinance (Ordinance No. 2008-51, as
amended) and direct the County Manager or his designee to advertise
ordinance changes to be approved by the Board at a future meeting.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to reject Invitation to Bid (ITB) #13-6027 for Pest
Control Services.
2) Recommendation to accept a Federal Emergency Management
Agency Assistance to Firefighter's Grant Award in the amount of
$82,669 with a local match of$4,351 for a total project cost of
$87,020 to purchase new mobile and portable radios for the Ochopee
Fire Control District.
Replacing the aging mobile and portable radios in Ochopee
3) Recommendation to adopt a resolution authorizing the cancellation of
2013 taxes upon a fee-simple interest Collier County acquired by
Personal Representative's Deed for Conservation Collier and without
monetary compensation.
Resolution 2013-83
4) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
Covering the period of February 20 thru March 20, 2013
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
Resolution 2013-84
Page 13
April 9,2013
G. AIRPORT AUTHORITY
1) Recommendation to approve a Travel Request in the amount of
$1,358 for the Airport Authority Executive to attend Florida Airport
Council's Annual Conference and Exposition in Orlando, Florida.
Is being held July 28 through July 31, 2013
H. BOARD OF COUNTY COMMISSIONERS
1) Advisory Board vacancies April 1-12, 2013.
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on March 21,
2013. $18 to be paid from Commissioner Fiala's travel budget.
Held at Hamilton Harbor Yacht Club, 7065 Hamilton Ave.
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on March 28, 2013. $23 to
be paid from Commissioner Fiala's travel budget.
Held at Panera Bread, 13555 Tamiami Trail
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence to file with action as directed.
Document(s) have been routed to Commissioners per their request and
are available for review in the BCC Office until approval.
2) Advisory Board Minutes to file with action as directed. Document(s)
have been routed to Commissioners per their request and are available
for review in the BCC Office until approved.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of March
14, 2013 through March 20, 2013 and for submission into the official
records of the Board.
Page 14
April 9,2013
2) To obtain Board approval for disbursements for the period of March
21, 2013 through March 27, 2013 and for submission into the official
records of the Board.
3) Recommendation to approve the use of$25,000 from the Confiscated
Trust Funds to support the Collier 211 Campaign.
Helping to reduce inappropriate 911 calls
K. COUNTY ATTORNEY
1) Recommendation to approve a Mediated Settlement Agreement with
the business owner for West Stores, Inc., and L & R Ram, LLC, and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement awarding
$110,000 which resolves all claims for Parcels 162DE and 162TCE in
the lawsuit styled Collier County v. Max Cap, Inc., et al., Case No.
12-CA-1749-CA; Parcels 166DE and 166TCE in the lawsuit styled
Collier County v. Holistic Health Healing, Inc., et al., Case No. 12-
CA-1756-CA and Parcels 157DE and 157TCE in Collier County v. L
& R Ram, LLC, et al., Case No. 12-CA-1828-CA (US41 Ditch/Naples
Manor Canal/LASIP Project #51101) (Fiscal Impact: $93,970).
For taking of a parcel for the Stormwater Improvement Program
2) Recommendation to approve a Stipulated Final Judgment for
complete and final settlement as to Parcels 174DE and 176DE, in the
combined amount of$67,679.50, in the lawsuit styled Collier County
v. RJJ, LLP et al., Case No. 12-CA-1933 (US 41 Ditch/Naples Manor
Canal/LASIP Project No. 51101) (Fiscal Impact $33,479.50).
For taking of a parcel for Naples Manor Canal/ LASIP Project
Moved to Item #12A (Per Agenda Change Sheet)
3) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement and Release in the lawsuit entitled
John E. Chandler v. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida (Case No. 13-644-CA) for
the sum of$1,474.50.
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
Page 15
April 9, 2013
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. Recommendation to approve a resolution designating the Close-Out of
twelve (12) adopted Planned Unit Developments (PUDs) which have fully
completed development pursuant to their development orders constructing
up to the authorized density and/or intensity and have been found by county
staff to be compliant with their specific developer commitments.
Resolution 2013-85
B. Recommendation to approve a resolution designating the Close-Out of three
(3) adopted Planned Unit Developments (PUDs) which have fully completed
all or portions of their development and have constructed up to the
authorized density and/or intensity, and have been found by county staff to
have only one relevant transportation commitment remaining.
Resolution 2013-86
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. Recommendation to consider an Ordinance of the
Board of County Commissioners of Collier County, Florida, amending
Ordinance Number 03-54, as amended, the Royal Palm International
Academy Planned Unit Development (PUD); by reducing the size of the
school campus from 50 to 11 acres; by moving the permanent campus to the
east side of Livingston Road; by reducing the student population from 1,250
to 500 students; by reducing the campus building height to 50 feet; by
amending the Master Plan; by deleting the Surface Water Management Plan;
by adding deviations and revising and deleting developer commitments. The
property is located on Livingston Road in Section 13, Township 48 South,
Range 25 East, Collier County, Florida consisting of 163± acres; and by
providing an effective date. [PUDA-PL20120001225]
Ordinance 2013-26
Page 16
April 9,2013
D. This item continued from the March 12, 2013 BCC Meeting and is
further continued to the April 23, 2013 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-PL20120002564, to disclaim,
renounce and vacate the County and the Public interest in a portion of the
Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract
"S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase
One, Plat Book 17, pages 47 through 49 of the Public Records of Collier
County, Florida, being a part of Section 5, Township 50 South, Range 26
East, Collier County, Florida, more specifically shown in Exhibit A and to
approve the Grant of Easement to replace the vacated U.R.O.S. easement.
E. Recommendation to adopt a single consolidated ordinance establishing the
Collier County SHIP Local Housing Assistance Program for consideration
by the Board at a future meeting, that repeals the State Housing Initiatives
Partnership (SHIP) Program Ordinance (Ordinance No. 93-19, as amended)
and the Affordable Housing Advisory Committee Ordinance (Ordinance No.
91-65, as amended).
Ordinance 2013-27
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 17
April 9,2013