Backup Documents 04/12-13/2011 Recap
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
April 12-13, 2011
9:00 AM
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.
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April 12-13, 2011
.. ~EQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
fHIS 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 VERBA TIM 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
. USTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE 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 Bruce Frogge - First Christian 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.)
Approved and/or Adopted with changes - 5/0
B. March 11,2011 - BCC/EDC Workshop
Approved as presented - 5/0
C. March 11,2011 - BCC/Strategic Planning Workshop
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April 12-13, 2011
Approved as presented - 5/0
D. March 22, 2011 - BCC/Regular Meeting
Approved as presented - 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt all Proclamations)
A. Proclamation designating April 15 and 16, 2011 as Relay for Life Days.
To be accepted by Melissa Wolf, Community Representative; Kathleen
Coppola, Event Chairman and Mary Jo Thurston, Survivor. Sponsored by
Commissioner Fiala.
Adopted - 5/0
B. Proclamation designating April as Water Conservation Month. To be
accepted by Paul Mattausch, Water Department Director and Lisa Koehler,
Community Outreach and Media Specialist from South Florida Water
Management District. Sponsored by Commissioner Fiala.
Adopted - 5/0
C. Proclamation designating April, 2011 as Sexual Assault Awareness Month.
To be accepted by Shaina Hicks, Project Help, Inc. Sponsored by
Commissioner Coyle.
Adopted - 5/0
D. Proclamation designating April 13 through April 23, 2011 as our official
participation in "Taking it to the Streets SWFL" and April 19, 2011 as
"Try Transit Day". To be accepted by Michelle Arnold, Alternative
Transportation Modes Director and Glama Carter, Alternative
Transportation Modes Manager. Sponsored by Commissioner Coletta.
Adopted - 5/0
E. Proclamation designating April 10 through April 16, 2011 as National Crime
Victims Rights Week. To be accepted by Lisa Reddick and Linda Oberhaus,
Shelter for Abused Women and Children; Angela Larson, Collier County
Sheriff's Office; Betty McGuire-Ardaya, State Attorney's Office; and Shain a
Hicks, Project Help, Inc. Sponsored by Commissioner Fiala.
Adopted - 5/0
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April 12-13, 2011
F. Proclamation designating April, 2011 as National Financial Literacy Month.
To be accepted by Victoria Stephan, President of Junior Achievement of
Southwest Florida, Inc. and M J Scarpelli, Special Events Coordinator,
Junior Achievement of Southwest Florida, Inc. Sponsored by Commissioner
Hiller.
Adopted - 5/0
G. Proclamation designating April 22, 2011 as Earth Day in Collier County.
To be accepted by Dan Rodriguez, Solid Waste Management Director, Staff
from Solid Waste Management and the Public Utilities Division. Sponsored
by Commissioner Fiala.
Adopted - 5/0
H. Proclamation congratulating Naples Land Yacht Harbor for receiving the
Waste Reduction Awards Program (WRAP) Award. To be accepted by Dan
Rodriguez, Solid Waste Management Director; Stafffrom Solid Waste
Management; Mary Butler, President of Naples Land Yacht Harbor Board of
Directors and Jenny and Neil Gunner. Sponsored by Commissioner Coyle.
Adopted - 5/0
5. PRESENT A TIONS
A. Presentation of the Collier County "Business of the Month" award to
Fischer International. To be accepted by Andrew Sroka, CEO & President.
Presented
B. Recommendation to recognize Tona Nelson, Senior Administrative
Assistant, Parks and Recreation Department as the Employee of the Month
for February, 2011.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Mr. John O. Elliott asking the Board to consider
an adjustment to his water bill.
Motion to bring back at a future BCC Meeting - Failed due to lack of
second; Petitioner to work with the Public Utilities Division to address
billing matter
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April 12-13, 2011
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B. Public Petition request from Ms. Kathleen Reynolds regarding funding for
the Early Learning Coalition of Southwest Florida.
Motion to fund the full request of $25,000 recognizing item as an
economic incentive and to further discuss a possible partnership for
future funding requests at the May Meeting between the BCC and the
School District - Approved 5/0
C. Public Petition from Ms. Laura DeJohn representing the East Naples
Foundation requesting coordination of efforts with the County.
Approved - 5/0
Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted.
7. BOARD OF ZONING APPEALS
Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet)
A. This item requires that ex parte disclosure be provided bv Commission
Members. Should a hearine be held on this item, all participants are
required to be sworn in. DOA-PL201O-1052: Olde Cypress Development,
LTD and Vita Pima, LLC, represented by Chris Mitchell of Waldrop
Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich &
Koester, P.A., request a change to the previously approved Olde Cypress
Development of Regional Impact DRI, in accordance with Florida Statutes,
Subsection 380.06(19). The proposed modifications add 63.9 acres into the
DR! boundary, amend Map H and remove the 3.9 acre park requirement to
incorporate this change. Subject property consisting of 602:J:: acres is located
in Sections 21 and 22, Range 48 South, Township 26 East, Collier County,
Florida. (Companion to PUDZ-PL201O-1054 and PUDA-PL2010-388)
8. ADVERTISED PUBLIC HEARINGS
Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet)
A. This item requires that ex parte disclosure be provided bv Commission
members. Should a hearinl!: be held on this item, all participants are
required to be sworn in. PUDZ-PL2010-1054: Vita Pima, LLC,
represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A.,
and Richard D. Y ovanovich, Esquire, of Coleman, Y ovanovich & Koester,
P.A., request a Rezone from the Residential Planned Unit Development
(RPUD) Zoning District with a Special Treatment (ST) Overlay for a
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April 12-13, 2011
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- project known as the HD Development RPUD, and the Agricultural (A)
Zoning District, to a RPUD Zoning District to allow for development of a
maximum of 125 single-family residential units and 33 multi-family units,
and associated accessory uses. The 65.29:J:: acre subject property is located
along the north side of Immokalee Road (CR 846) approximately 330 feet
east ofOlde Cypress Boulevard in Section 21, Township 48 South, Range
26 East, Collier County, Florida. (Companion to DOA-PL2010-1052 and
PUDA-PL20 1 0-388)
Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet)
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearinl!: be held on this item, all participants are
required to be sworn in. PUDA-PL20l0-388: Olde Cypress Development,
L TD, represented by Chris Mitchell of Waldrop Engineering, P.A. and
Richard D. Y ovanovich, Esquire, of Coleman, Y ovanovich & Koester,
P.A., request a PUD Amendment for the Olde Cypress PUD. The PUD
Amendment request is to reduce the project density from 1,100 dwelling
units to 942 dwelling units and remove the requirement of trails and a park
(3.9 acres minimum) within the Olde Cypress PUD/DRI. Subject property is
located in the Olde Cypress Subdivision, Sections 21 and 22, Township
48 South, Range 26 East, Collier County, Florida. (Companion to DOA-
PL20 1 0-1 052, Olde Cypress DR! and PUDZ-PL20 10-1054, HD
Development RPUD)
Time Certain 1:00 p.m. (Per Agenda Change Sheet)
C. Petition CP-2008-5, requesting amendments to the Immokalee Area Master
Plan and Immokalee Area Master Plan Future Land Use Map, to make
revisions to the entire Master Plan to include: increases to commercial
acreage, industrial acreage and allowable residential density; elimination of
some existing designations; creation of a new designation for the Immokalee
Regional Airport site; and re-designation of approximately 103 acres to
the Immokalee Urban Area from the Agricultural/Rural within the Rural
Lands Stewardship Area as identified on the countywide Future Land Use
Map. Additionally, staff requests amendments to the Future Land Use Map
and Map Series of the Future Land Use Element to show the re-designation
of the 103 acres to the 1mmokalee Urban Area. (Adoption Hearing)
Motion to continue until after the Immokalee CRA's meeting (to include
the Airport Authority) on April 20, 2011 and bring back to the Board
with recommendations at the May 24, 2011 Meeting - Approved 5/0
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April 12-13, 2011
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:J. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Tourist Development Council.
Resolution 2011-67: Reappointing Clark Wakefield Hill and Robert A.
Miller - Adopted 5/0
B. Appointment of members to the Forest Lakes Roadways and Drainage
Advisory Committee.
Resolution 2011-68: Appointing Kenneth Emil Bloom and Kevin
Mckyton - Adopted 5/0
C. Appointment of members to the Animal Services Advisory Board and a
change of category for an existing member.
Resolution 2011-69: Appointing Marjorie Bloom (at-large category
w/term expiring April 13, 2012); Re-appointing Sergeant David Estes
(Law-enforcement category w/term expiring April 13, 2015); and
relocating existing Board Member James Rich, from the "at-large"
category to the "animal activist group" category w/term expiring
April 13, 2015 - Adopted 5/0
D. Appointment of a member to the Ochopee Fire Control District Advisory
Committee.
Resolution 2011-70: Appointing Joel Anthony Davis - Adopted 5/0
E. Supreme Court of Florida's Court Ruling on Board of County
Commissioners of Collier County vs. Dwight Brock, dated November 10,
2010. (Commissioner Henning)
Motion to have the Clerk Audit the $230 Million Capital Improvement
Plan Fund - Motion failed due to lack of second
F. Recommendation to discuss possible amendments to Ordinance No. 75-16,
as amended, relating to the meetings of the Collier County Board of County
Commissioners that will introduce rules of decorum and civility.
(Commissioner Henning)
Motion to amend meeting ordinance regarding agenda/meeting
procedures and County Attorney to bring back for review - Approved
5/0; Staff to include on the agenda change sheet why an item was pulled,
continued or withdrawn on a trial basis; County Attorney to bring back
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April 12-13, 2011
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Resolution of what defines a Consent Agenda item for the BCC to
update due to the age of the current one
Time Certain 11 :00 a.m. (Per Agenda Change Sheet)
G. 2010 Census Count for Lee, Collier and Hendry Counties (Commissioner
Henning)
Direction given to the County Attorney to look into the issue and bring
back a report to the Board consisting of his recommendations for
further action - Approved 5/0
Moved from Item #16H4 (Per Agenda Change Sheet)
H. Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. He
attended the Chabad of Naples Annual Benefit Evening & Gala on April 10,
2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be paid from
Commissioner Henning's travel budget.
Motion to approve Commissioner Henning's expenditure - Approved
4/0 (Commissioner Henning abstained); County Attorney to develop a
policy for reimbursements and to limit it to food and beverage only.
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve the application of a Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) in
the amount of$I,790,000 to construct a Community Center at Eagle Lakes
Community Park; authorize the necessary leveraging associated with
restricting the land on which the facility would be built; and authorizing
the Parks and Recreation Director to serve as the certifying representative
for the application. (Barry Williams, Parks and Recreation Director)
Approved - 5/0
B. Recommendation to approve and authorize the Chairman to sign Agreement
#B-11-UN-12-003 with the U.S. Department of Housing and Urban
Development to accept entitlement funding for Neighborhood Stabilization
Program 3, in the amount of$3,884,165 and approve associated budget
amendments. (Marcy Krumbine, Housing, Human and Veteran Services
Director)
Approved - 3/2 (Commissioner Hiller and Commissioner Henning
..- opposed)
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April 12-13, 2011
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C. Recommendation to adopt a resolution authorizing condemnation of
easements necessary for construction of a replacement bridge on White
Boulevard and new bridge on 23rd Street SW, both over the Golden Gate
Main Canal, together with the realignment of the intersection of White
Boulevard and 23rd Street SW. (Transportation Bridge Repair and
Replacement Program, Project No. 66066.) Estimated fiscal impact:
$550,000. (Jay Ahmad, Transportation Engineering Director)
Resolution 2011-71 Adopted - 3/2 (Commissioner Hiller and
Commissioner Henning opposed)
D. Request to reconsider award ofRFP #10-5450 - Asphalt Roadway,
Concrete, Curb, Sidewalk and Driveway Installation. (Estimated annual
expense is $2,000,000) (Steve Carnell, Purchasing Director)
Motion to deny contract - Failed 2/3 (Commissioner Fiala,
Commissioner Coyle and Commissioner Coletta opposed);
Motion to continue until next meeting with clarification from both the
Clerk's Office and County Attorney's Office to state what their
concerns are - Approved 3/2 (Commissioner Hiller and Commissioner
Henning opposed)
April 13, 2011
E. Recommendation to approve contracts for Request for Proposal (RFP)
#09-5262 - S for Engineering Services for Collier County (estimated
annual expenditures $2,000,000). (Steve Carnell, Purchasing Director)
Approved - 5/0
April 13, 2011
F. Recommendation that the Board approves prepayment of the Series 2008
Conservation Collier Bonds in the amount of $7,126,908, plus interest
accrued. (Mark Isackson, Corporate Financial and Management Services
Director)
Approved - 5/0
Withdrawn (Per Agenda Change Sheet)
G. Recommendation to approve a form Easement Agreement for use
between Collier County and beachfront property owners, requiring property
owners to provide public beach access in exchange for publicly funded
major beach renourishment, vegetation planting and dune restoration of
the subject property. (Gary McAlpin, Coastal Zone Management Director)
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April 12-13, 2011
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.-\priI13,2011
H. Recommendation for the Board of County Commissioners to adopt three
Resolutions and approve the related lease agreements for newly-elected
government officials to utilize County-owned office space for the annual
revenue of$30. (Skip Camp, Facilities Management Director)
Resolution 2011-72: Approving a Lease Agreement with State
Representative Kathleen Passidomo, District 76, for office space within
the Collier County Government Administration Building, Suite 304 -
Resolution 2011-73: Approving a Lease Agreement with State
Representative Jeanette Nunez, District 112, for office space within the
Collier County Government Administration Building, Suite 305 -
Resolution 2011-74: Approving a two-year Lease Agreement with
United States Congressman David Rivera for office space within Collier
County's Golden Gate Community Center, 4715 Golden Gate Parkway,
Suite 1 - Adopted 5/0
April 13, 2011
Moved from Item #16D9 (Per Agenda Change Sheet)
I. Recommendation to approve and authorize the Chairman to sign a
Settlement Agreement and Mutual Release with Johnson Engineering for
$134,000, to resolve any and all claims and issues associated with the
Good1and Boat Park and approve and authorize the Chairman to sign award
of Contract #09-5262-S to Johnson Engineering for Engineering Services for
Collier County.
Approved (Staff's recommendations) - 5/0
April 13, 2011
Moved from Item #16A13 (Per Agenda Change Sheet)
J. Recommendation to enter into a contract for services with AIM Engineering
to complete a feasibility study with conceptual plans for pedestrian or
bicycle facilities at the 1-75 and Immoka1ee Road Interchange in an amount
up to $315,000. (FDOT Project #416237-1-38-01)
Motion to deny petition with County Attorney to obtain temporary hire
to complete the project - Failed due to lack of a second; Motion to
continue agenda item - Approved 5/0
11. COUNTY ATTORNEY'S REPORT
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April 12-13, 2011
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>12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Moved from Item #16G4 and Time Certain 11 :30 a.m. (Per Agenda Change Sheet)
A. Recommendation to authorize the County Attorney to take all necessary
action, including filing a lawsuit, to evict Gregory Shepard from his present
location at the Immokalee Regional Airport, and to pursue any hold-over
rent, damages, and costs that may be due and owing to the Airport
Authority.
Motion to continue w/tenant meeting with the Airport Director and
County Attorney's Office no later than Friday, April 15, 2011 to work
through issues - Approved 5/0
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Duane Billington - Meeting process on public petition
B. Nancy Payton - Master Mobility Plan and public participation
C. Kenneth Thompson - Code Enforcement issues
April 13, 2011
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Leo Ochs - Meeting with School Board on May 25, 2011 in BCC
Chamber; Letter from Rich Yovanovich regarding change in payment
schedule for impact fees - To be brought back - Consensus
B. Jeff Klatzkow - Seeking future direction regarding procedures
relating to existing litigation - Motion directing Commissioners not to
be involved in any existing litigation settlement discussions unless
authorized by the Board - Approved 5/0
C. Commissioner Henning - Advertising signs within the right-of-way;
Clam Pass Bridge piling; Parks Ordinance is conflicting with State Law
- County Attorney to revise ordinance to remove any conflicts -
Consensus
D. Commissioner Coletta - Trip to Tallahassee; Report and update from
the Productivity Committee - Eliminating tasks 1,2,4 and 5 from list of
items for review by the Committee - Consensus; Motion for Committee
to review remaining tasks - Approved 5/0; His opinion of limiting a
Commissioner's use of staff time to 2 hours
.-. E. Commissioner Coyle - Letter from Dr. Tober regarding policy changes
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April 12-13, 2011
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to the Fire Districts - To be placed on future agenda - Consensus
F. Commissioner Hiller - Backup material needs to be provided to
Advisory Boards; She will not use staff's time for information;
Requests all disclosures regarding Arthrex
G. Commissioner Henning - Motion to Adjourn - Consensus
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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.
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Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Lely Cultural Parkway 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 grant final Conditional approval of roadway
(private) and drainage improvements for the final plat of Heritage
Bay Phase Two-A, pursuant to Section 10.02.05 C.8 of the Land
Development Code with roadway and drainage improvements being
privately maintained and authorizing release of the maintenance
security except to the extent necessary to ensure completion of the
final paving improvements.
Resolution 2011-64
3) Recommendation to accept and approve the completed alternative
road impact fee calculation study, conducted in accordance with the
provisions of Section 74-204 of the Collier County Code of Laws and
Ordinances, the review completed by Tindale-Oliver and Associates,
Inc., and the resulting Road Impact Fee rate of$68,393 per 1,000
square feet for the Taco Bell restaurant being constructed at 4201
Tamiami Trail East.
Located slightly south of the corner of Lakewood Boulevard and
Tamiami Trail East (US 41)
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April 12-13, 2011
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4) Recommendation to award Invitation to Bid (ITB) #10-5588R for
Purchase and Deliveries of Fungicides, Pesticides and Herbicides to
Alligare LLC, Diamond R Fertilizer Co., Inc., Forestry Resources
Inc., Helena Chemical Company, Red River Specialties Inc., and
Univar USA Inc., in no particular order. Estimated annual expense:
$350,000.
Utilized by a variety of County Departments and also includes
John Deere Landscaping in the bid award
5) Recommendation to award ITB # 11-5651 "Hurricane Shutters for
the Traffic Management Center and Maintenance Building" of the
Growth Management Division to Storm Smart Building Systems Inc.
and approve a necessary budget amendment in the amount of$68,750.
For the sale and installation of roll-down shutters to protect all
windows at the Traffic Management Center and Maintenance
Building at the County's Growth Management Division
6) Recommendation to approve an amendment to Contract # 10-5455
Management Contract for the Collier Area Transit (CAT) Fixed
Route and Paratransit Program, to clarify ownership rights to Zonar@
equipment purchased by the contractor, Tectrans, Inc., and installed in
CAT vehicles and authorize an Agreement amongst Zonar@ Systems,
Inc., Tectrans, Inc. and Collier County that assigns Tectran's current
annual Zonar@ subscription to Collier County at no cost.
To clarify that after installation, the electronic vehicle-trip
monitoring and tracking equipment is county owned property
7) Recommendation to approve an Addendum to Software License and
Services Agreement and Customer Support Agreement Between
RouteMatch Software, Inc. and Collier County; to update licensing
and TD trip planning and dispatch software with a current version
compatible with Windows 7 at an estimated cost of$33,260.
Includes annual hosting, support and maintenance fees and four
additional licenses to allow designated employees software access
8) Recommendation to enter into an Interloca1 Agreement with Lee
County to coordinate a public transit link that is being implemented
by Lee County between Lee and Collier Counties.
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April 12-13, 2011
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As detailed in the Executive Summary
9) Recommendation to adopt the Collier Area Transit Mobility
Management Plan and authorize the County Manager, or his designee,
to implement suggested recommendations; not to exceed $46,000
from Federal Stimulus Grant. (ARRA FTA Section 5311)
To help educate potential riders about the program through
printed and electronic media and provide options and information
on how to use the fixed route system
to) Recommendation to approve the Selection Committee's Ranking in
response to Request for Proposal (RFP) # 11-5621, for design services
for the Collier Area Transit (CAT) Passenger Transfer Facility (Radio
Road), and direct the County Manager, or his designee, to bring a
negotiated contract back to the Board for approval.
Selecting PBS&J for design engineering services for CA T's
permanent transfer station, construction of a fueling island, bus
wash facility, ADA compliant restrooms and improvements to
support existing operations, safety and security
11) Recommendation to recognize FY 2010/2011 Federal Transit
Administration Section 5311 additional revenue in the amount of
$28,798 to Collier Area Transit Fund (426) and authorize all
necessary budget amendments.
Requiring a local match of funds that will be used to offset
operating costs for Immokalee Circulator Routes 8A & 8B
12) Recommendation for the Board of County Commissioners to approve
a FY2009/2010 5309 Federal Transit Administration (FTA) grant
award in the amount of $274,000 for capital improvements to the
secondary transfer facility located on Radio Road and approve a
budget amendment to recognize and use these funds.
Requires a 20% match that will be satisfied by using toll-revenue
credits, a non-cash exchange from Florida's DOT on behalf of
Collier County
Moved to Item #10J (Per Agenda Change Sheet)
13) Recommendation to enter into a contract for services with AIM
Engineering to complete a feasibility study with conceptual plans
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April 12-13, 2011
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for pedestrian or bicycle facilities at the 1-75 and Immokalee Road
Interchange in an amount up to $315,000. (FDOT Project #416237-1-
38-01)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Sweat Equity Grant Agreement between the
CRA and a Grant Applicant within the Bayshore Gateway Triangle
area. (3180 Caledonia A venue, Fiscal Impact: $1,000)
For exterior residential upgrades that includes replacing fascia,
gutters and exterior paint
C. PUBLIC UTILITIES DIVISION
1) Recommendation to authorize the County Manager or designee to
notify the Florida Department of Environmental Protection of the
intent to decline a proposed funding to the State Revolving Fund Loan
Agreement (DW1111 030) for the South County Regional Water
Treatment Plant 12-Million Gallons per Day Reverse Osmosis Plant
Expansion Project. (Project #700971)
Foregoing this pre-approved line of credit saves approximately
$332,000 in annual debt service payments and leaves an existing
debt of $17,039,056
Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet)
2) Recommendation to approve Hazard Mitigation Grant Program
Contract Agreement # 1IHM-3E-09-21-0 1-026, with State of Florida
Division of Emergency Management, in the amount of $240,000, to
apply towards costs associated with the installation of 1,430 linear
feet of six-inch high density Polyethylene Leachate Pipe at the Collier
County Landfill, and authorize corresponding budget amendments.
3) Recommendation to approve conveyance of an easement to Florida
Power & Light Company for providing electric services for the North
Collier Recycling Drop-off Center facility, at a cost not to exceed $27.
An easement measuring approximately 15,861 square feet
4) Recommendation to approve conveyance of an easement to Florida
Page 15
April 12-13, 2011
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Power & Light Company for providing electric services and fiber
connection for construction of the landfill gas-to-energy facility at the
Collier County Landfill, at no cost to the County.
An easement measuring approximately 16,745 square feet
5) Recommendation to reject proposals received under RFP #11-5648
for Disaster Recovery Assistance Services to ensure compliance with
the Robert T. Stafford Disaster Relief and Emergency Assistance Act
and Federal Highway Administration requirements for state and
federal contracts that qualify for reimbursement, and authorize staff to
re-so1icit a modified RFP.
Ensuring language in the proposal complies with the Robert T.
Stafford Disaster Relief and Emergency Assistance Act and the
Federal Highway Administration to maximize any potential
reimbursement from State and Federal agencies
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a change order for a project award
extension in excess of six (6) months for grant-related residential
rehabilitation activities funded by the Collier County Neighborhood
Stabilization Program.
Extending rehab work at 5031 32nd Ave SW due to unforeseen
circumstances
2) Recommendation to approve and authorize the Chairman to sign four
(4) lien agreements for deferral of 100% of Collier County impact
fees for owner occupied affordable housing dwelling units located in
Collier County. Approval of this item will transfer previously
approved deferral agreements from the developer to owner occupants
with a continuing fiscal impact of $59,065.45.
Transferring agreements from Habitat For Humanity to owners:
Menard Charles and Fritzleine Charles Etienne (Lot 8, Regal
Acres); Javier Gonzalez Vera (Lot 134, Liberty Landing);
Francisco Galvan and Raquel Ligas (Lot 136, Liberty Landing)
and Josephine Rozier and Jean B. Lacoste (Lot 13, Regal Acres)
3) Recommendation to approve and authorize the Chairman to sign one
(1) release of lien for deferral of 100% of Collier County impact fees
Page 16
April 12-13, 2011
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for an owner occupied affordable housing dwelling unit that has been
repaid in full.
Releasing a $13,149.98 lien with Habitat for Humanity of Collier
County for property at Lot 39, Charlee Estates
4) Recommendation to approve and authorize the Chairman to sign one
(1) Satisfaction of Mortgage an owner occupied affordable housing
dwelling unit that has been repaid in full to Collier County.
Satisfaction of Mortgage with Flavio E. Velecela and Martha
Velecela for property at Lot 39, Charlee Estates
5) Recommendation to approve and authorize the Chairman to sign
three (3) grant agreements accepting the Continuum of Care Homeless
Assistance grant award from the U.S. Department of Housing and
Urban Development (HUD) totaling $330,761 and approve budget
amendments to recognize funds associated with this award.
Funding Agreements with St. Matthew's House for the Wolfe
Apartments ($113,116); Shelter for Abused Women and Children
($113,000) and Housing Human &Veteran Services ($104,645)
6) Recommendation to approve electronic submittal of the Senior Corps.
Retired and Senior Volunteer Program (RSVP) application for grant
renewal to the Corporation for National and Community Service, for
continuation of the Collier County sponsored RSVP program in the
amount of $68, 152.
For the grant period (if approved) September 30, 2011 through
September 29, 2012 and requiring the local match of $29, 208
7) Recommendation to approve and authorize the Chairman to sign
agreements with the David Lawrence Center and the National
Alliance on Mental Illness of Collier County, Inc. to operate the
Criminal Justice, Mental Health and Substance Abuse Reinvestment
Grant and associated budget amendments. Funding is provided
through Memorandum of Understanding #LHZ25 from the Florida
Department of Children and Families.
Grant funds of $182,830 were awarded to help those with mental
illness, a substance abuse or co-occurring mental health/substance
disorder and are currently in or at risk of entering the criminal or
juvenile justice system
Page 17
April 12-13, 2011
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8) Recommendation to approve and authorize the Chairman to sign the
Summer Food Service Program Grant Agreement in the amount of
$769,208.83 for FY 2010/2011 and approve associated budget
amendments.
Providing an estimated 129,000 breakfasts and 172, 000 lunches
to children living in the County's disadvantaged neighborhoods
Moved to Item #101 (Per Agenda Change Sheet)
9) Recommendation to approve and authorize the Chairman to sign a
Settlement Agreement and Mutual Release with Johnson Engineering
for $134,000, to resolve any and all claims and issues associated with
the Goodland Boat Park and approve and authorize the Chairman to
sign award of Contract #09-5262-S to Johnson Engineering for
Engineering Services for Collier County.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to authorize the sale of Collier County surplus
property on April30, 2011.
W/Atkinson Realty & Auction, Inc., providing auctioneer services
2) Recommendation to approve procurement of background checks and
fingerprinting from the Florida Department of Law Enforcement and
the Federal Bureau of Investigation as the sole source provider for an
estimated annual amount of$100,000.
For record checks performed on applicants, current employees,
vendors, contractors and/or those deemed critical to security or
public safety regarding county owned and operated facilities
3) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
For the period February 16,2011 through March 24, 2011
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize acceptance of a Volunteer
Fire Assistance Grant award to the Ochopee Fire Control District in
the amount of $4,125 for the purpose of purchasing fire hose for brush
vehicles and Class A Foam.
Page 18
April 12-13, 2011
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The 50/50 grant will help equip two vehicles currently on loan
from the Division of Forestry with valuable protection resources
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-65
3) Recommendation to authorize a Budget Amendment appropriating
$37,110 that will provide funding for the Legal Aid Society within the
Court System to cover Article V revenue shortfalls for FY 2011.
Per terms of an agreement with Collier County Legal Aid that
expires September 20, 2013
4) Recommendation to authorize a representative of the County Tourism
Department to file a claim in the sum of $450,000 on behalf of Collier
County for lost tourist development tax revenue in the multi-district
litigation relating to the Deepwater Horizon oil spill. (Civil Action
No. 10-9999, U.S. District Court for the Eastern District of Louisiana)
For revenue lost over the months of July thru September, 2010
G. AIRPORT AUTHORITY
1) Recommendation to approve a budget amendment for engineering,
consulting and design services required for repairs to taxiway alpha
wiring and replacement of the rotating beacon at the Immokalee
Regional Airport. ($6,230)
Eighty-percent (80%) of costs will be funded through Master
Joint Participation Agreement (MJPA) 2010-A with the
Florida Department of Transportation
2) Recommendation to approve and authorize the Chairman to execute a
Resolution authorizing execution of "Master Joint Participation
Agreement #2011-A" with Florida Department of Transportation,
to fund projects at the Everglades Airpark, Immokalee Regional
Airport and Marco Island Airport and authorize associated budget
amendments.
Resolution 2011-66
Page 19
April 12-13, 2011
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3) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve and authorize the Chairman to execute
Contract #10-5600, Construction, Engineering and Inspection (CEI)
Services for the Marco Island Executive Airport Taxiway Project in
the amount of $484, 195 with URS Corporation Southern.
Partially funded through FAA & FDOT Grants to provide
overall construction administration and support services
Moved to Item #13A (Per Agenda Change Sheet)
4) Recommendation to authorize the County Attorney to take all
necessary action, including filing a lawsuit, to evict Gregory Shepard
from his present location at the Immokalee Regional Airport, and to
pursue any hold-over rent, damages, and costs that may be due and
owing to the Airport Authority.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the Marine Corps League "Honor the Free Press Day"
Luncheon at the Hilton Hotel in Naples, FL on March 16, 2011.
$30 to be paid from Commissioner Coletta's travel budget.
Located at 5111 Tamiami Trail North, Naples, FL
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He will attend the 9th Annual Paradise Coast Tourism Star Awards
Luncheon at the Marco Island Marriott Resort, Marco Island, FL on
May 11,2011. $30 to be paid from Commissioner Coletta's travel
budget.
Located at 400 South Collier Boulevard, Marco Island, FL
3) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He will attend the Big Cypress Chapter Community Service Award
Ceremony at the Country Club of Naples, Naples, FL on April15,
2011. $20 to be paid from Commissioner Henning's travel budget.
Located at 185 Burning Tree Drive, Naples, FL
Page 20
April 12-13, 2011
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Moved to Item #9H (Per Agenda Change Sheet)
4) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the Chabad of Naples Annual Benefit Evening & Gala
on April 10,2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be
paid from Commissioner Henning's travel budget.
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the 2011 Retired & Senior Volunteer Program (RSVP)
of Collier County luncheon on March 30, 2011 at the Naples Hilton in
Naples, FL. $25 to be paid from Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North, Naples, FL
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the Chabad of Naples Annual Benefit Evening & Gala
on April 10, 2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be
paid from Commissioner Fiala's travel budget.
Located at 280 Vanderbilt Beach Road, Naples, FL
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She will attend the 9th Annual Paradise Coast Tourism Star Awards
Luncheon on May 11,2011 at the Marco Island Marriott Resort,
Marco Island, FL. $30 to be paid from Commissioner Fiala's travel
budget.
Located at 400 South Collier Boulevard, Marco Island, FL
8) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the Chabad of Naples, Annual Benefit Evening & Gala,
on April 10, 2011 at the Ritz-Carlton Hotel in Naples, FL. $50 to be
paid from Commissioner Hiller's travel budget.
Located at 280 Vanderbilt Beach Road, Naples, FL (Paid only the
portion for food and beverage)
9) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Page 21
April 12-13, 2011
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She will attend the 9th Annual Paradise Coast Tourism Awards
Luncheon at the Marco Island Marriott Resort, Marco Island, FL
on May 11, 2011. $30 to be paid from Commissioner Hiller's travel
budget.
Located at 400 South Collier Boulevard, Marco Island, FL
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to files for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
March 5, 2011 through March 11,2011 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of
March 12, 2011 through March 18, 2011 and for submission into the
official records of the Board.
3) To obtain Board approval for disbursements for the period of March
19,2011 through March 25, 2011 and for submission into the official
records of the Board.
4) Recommendation that the Board accept the investment status update
report for quarters ending December 31, 2010 and March 31, 2011.
As detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Max Stankeveh and Oliver Scott Vanoy, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, FL, to recover
damages incurred by the County for repair to a traffic signal cabinet
damaged by them in the amount of $15,417.81, plus costs of
litigation.
The result of an accident caused by a red-light runner at the
Golden Gate Parkway/Sunshine Boulevard intersection Feb., 2010
Page 22
April 12-13, 2011
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2) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
TODD SONDRINI, in the Circuit Court of the Twentieth Judicial
Circuit in and for Collier County, Florida, to recover damages
incurred by the County for repair to a County Emergency Vehicle that
was struck by a vehicle owned by TODD and KESIA SONDRINI,
and driven by TODD SONDRINI in the amount of$21,060.50, plus
costs of litigation.
Resulting from a collision at the intersection of Vanderbilt Beach
Road and Livingston Road caused by a driver ignoring the
warnings of an EMS vehicle on-route to an emergency
3) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
SURETY CONSTRUCTION COMPANY, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to
recover damages incurred by the County, as a result of contracted
work for repair to Pollution Control Laboratory in Building H, 3rd
Floor, in the amount of $99,492.99, plus costs oflitigation, including
reasonable attorney fees.
As detailed in the Executive Summary
4) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
ACCI/API Joint Venture and Bob's Barricades, Inc., in the Circuit
Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, to recover damages incurred by the County for repair to a
water force main damaged by them in the amount of$63,676.09, plus
costs of litigation.
For emergency contracting work performed in May, 2008
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
Page 23
April 12-13, 2011
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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 hearinl!: be held on this item, all participants are
required to be sworn in. PUDZ-2009-AR-14425, an ordinance of the
Board of County Commissioners of Collier County, Florida, amending
Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, which includes comprehensive zoning regulations
for the unincorporated area of Collier County, Florida by amending the
appropriate zoning atlas map or maps by changing the zoning classification
of the herein described real property from a Rural Agricultural (A) Zoning
District to a Mixed Use Planned Unit Development (MPUD) Zoning District
to allow for the development of up to 135,000 square feet of commercial
development and/or retirement community/group housing at aFAR of .60
and/or a hotel/motel of an intensity of 26 units per acre for a 23.33+/- acre
parcel to be known as the Addie's Corner MPUD, located in the northwest
quadrant of the intersection ofImmokalee Road (CR 846) and Collier
Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East,
Collier County, Florida; and by providing an effective date.
Ordinance 2011-08
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearinl!: be held on this item, all participants are
required to be sworn in. PUDA-PL2010-854, Naples Daily News BPPUD,
an ordinance of the Board of County Commissioners of Collier County
amending Ordinance No. 06-49, the Naples Daily News Business Park
Planned Unit Development (BPPUD), located at 1100 Immokalee Road, by
amending Section 2.9 of 06-49, to allow a change in the plant materials in
the landscape buffer; and providing an effective date.
Ordinance 2011-09
C. Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to
incorporate a provision clarifying the imposition of Water and Sewer Impact
Fees on geographic areas within the Collier County Water-Sewer District
Page 24
April 12-13, 2011
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until such a time when connection to the regional water and/or sewer system
is anticipated within a ten-year period as identified by the most current
Public Utilities Water and Wastewater Master Plan Updates and the 2010
Annual Update and Inventory Report.
Ordinance 2011-10
D. Recommendation to adopt an Ordinance amending Ordinance No. 2006-03
(Collier County Airport-Type Screening Ordinance) to expand airport-type
security searches to include individuals entering the Immoka1ee Government
Center (Courthouse) and the James V. Mudd Emergency Services Center.
Ordinance 2011-11
E. Recommendation that the Board of County Commissioners adopt an
ordinance to amend Conservation Collier Ordinance No. 2002-63, as
amended, which provides for the ability to increase funding of the
Conservation Collier Management Trust Fund (174) by removing the
annual cap of ad-valorem taxes that may be appropriated and allow for the
transfer of funds into Fund 174 from Conservation Collier Acquisition
Trust Fund (172).
Ordinance 2011-12
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
Page 25
April 12-13, 2011
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