Backup Documents 10/25/2011 RecapCOLLIER 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
October 25, 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 -249 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
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October 25, 2011
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME 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. Reverend Tara McGraw - St. Paul's Episcopal Church
2. AGENDA AND MINUTES
A. Approval of today'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 — 510
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October 25, 2011
B. September 22, 2011 - BCC/Budget Hearing
Approved as presented — 510
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Anthony Duesterhoeft, Fleet Management
Presented
b) Michael Goguen, EMS
Presented
2) 25 Year Attendees
a) Dale Waller, Wastewater
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating October 25, 2011 as Narcotics Overdose
Prevention & Education (N.O.P.E.) National Candlelight Vigil Day. To be
accepted by Ann Frazier, Executive Director of Drug Free Collier and Jerry
Eddleman. Sponsored by Commissioner Henning.
Adopted — 510
B. Proclamation designating October 28, 2011 as the Twelfth Anniversary Day
of the Red Walk in Collier County. To be accepted by Dr. Susan Barcelino,
Libby Buck and Craig Greusel. Sponsored by Commissioner Fiala.
Adopted — 510
C. Proclamation congratulating IBERIA Bank of Marco Island for its continued
efforts to promote waste reduction, reuse, recycling and environmental
awareness. To be accepted by Keith Dameron, Vice President - Manager of
IBERIA Bank; Laura Burgo, Assistant Branch Manager of IBERIA Bank;
IBERIA Bank staff, and Rick Michaud, District Operations Manager of
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October 25, 2011
Shred -It. Sponsored by Commissioner Fiala.
Adopted — 510
D. Proclamation recognizing Eden Autism Services for its 15 years of
providing services to children and adults with autism in Southwest Florida.
To be accepted by Susan Suarez, Director of Eden Autism Services.
Sponsored by Commissioner Coyle.
Adopted — 5/0
E. Proclamation recognizing October 29, 2011 as Florida Panther Festival Day.
To be accepted by Sandra Mickey, U.S. Fish and Wildlife Service.
Sponsored by Commissioner Coletta.
Adopted — 510
F. Proclamation designating October 17 -21, 2011 as Accounts Payable Week.
To be accepted by Bonnie Baer, Assistant General Operations Manager,
Clerk of Courts Finance. Sponsored by Commissioner Henning.
Adopted — 510
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public Petition request from Michael K. Corradi on behalf of Corradi
Airport Road Inc., requesting that the Board of County Commissioners
waive the Small Scale Amendment fee and direct staff to coordinate a Small
Scale Amendment related to the Orange Blossom/Airport Crossroads
Commercial Sub - District.
Motion to be brought back to a future meeting — Approved 510
B. Public Petition request from Frank Dethlefsen regarding payment for the
relocation of the Property Appraiser's Office.
Motion to be brought back to a future meeting — Approved 4/1
(Commissioner Hiller opposed)
Item 7 and 8 to be heard no sooner than 1:00 Pm unless otherwise noted.
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October 25, 2011
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the September 27, 2011 BCC
meeting to the October 11, 2011 BCC meeting, then to the October 25,
2011 BCC meeting. This item requires that ex parte disclosure be
provided by Commission members. All participants are required to be
sworn in. Recommendation to Approve Growth Management Plan
Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of
Naples, LLC (Adoption Hearing) (Companion to Petitions DRI- 2006 -AR-
10147 and PUDZ-2006-AR- 10 146).
Ordinance 2011 -40 Adopted 4/1 (Commissioner Hiller opposed)
B. This item has been continued from the September 27, 2011 BCC
meeting, then continued from the October 11, 2011 meeting, then to the
October 25, 2011 BCC meeting. This item requires that ex parte
disclosure be provided by Commission members. All participants are
required to be sworn in. DRI-2006-AR- 10 147: Hacienda Lakes DRI -- A
Resolution of the Board of County Commissioners of Collier County,
Florida approving a Development Order for Hacienda Lakes, a Development
of Regional Impact located in Sections 11 through 14 and 23 through 25,
Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida which will allow up to 1,760
residential dwelling units including conversions to recreational vehicle park
and senior housing for independent living, assisted living and nursing care,
327,500 square feet of retail use, 70,000 square feet of professional and
medical office including a conversion of retail use to professional and
medical office, a 135 -room hotel including a conversion to business park,
140,000 square feet of business park or educational facility, a public school,
and continuation of existing "Junior Deputy" passive recreation and existing
"swamp buggy" attraction; providing for Findings of Fact; providing for
Conclusions of Law; and providing an effective date (Companion to
Petitions PUDZ-2006-AR- 10 146 and CP- 2006 -11).
Resolution 2011-201/D.O. 2011-05 Adopted w /changes 4/1
(Commissioner Hiller opposed)
C. This item has been continued from the September 27, 2011 BCC
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October 25, 2011
Meeting, then again from the October 11, 2011 meeting, then to the
October 25, 2011 BCC meeting. This item requires that ex parte
disclosure be provided by Commission rpembers. All participants are
required to be sworn in. PUDZ-2006-AR- 10 146: Hacienda Lakes MPUD -
- 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 established the comprehensive
zoning regulations for Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein
described real property from the Agricultural (A), Agricultural - Special
Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days
PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district
for a project known as the Hacienda Lakes MPUD that will allow a
maximum of 327,500 square feet of gross retail commercial floor area;
70,000 gross square feet of professional and medical office space including a
conversion of retail use to professional and medical office; 135 hotel rooms
including a conversion to business park; 140,000 gross square feet of
business park or education facility; a public school; continuation of existing
"swamp buggy" attraction and "Junior Deputy" passive recreation; and a
maximum of 1,760 residential dwelling units including conversions to
recreational vehicle park and senior housing for independent living, assisted
living and nursing care. The subject property, consisting of 2,262 +/- acres is
located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of
Collier Boulevard and Rattlesnake- Hammock Road and north and south of
Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50
South, Range 26 East, and Sections 19 and 30, Township 50 South, Range
27 East, Collier County, Florida; providing for repeal of Ordinance Number
84 -26, for swamp buggy grounds; and by providing an effective date
(Companion to Petitions DRI-2006-AR- 10 147 and CP- 2006 -11).
Ordinance 2011 -41 Adopted 4/1 (Commissioner Hiller opposed)
D. Recommendation to adopt an ordinance amending Ordinance No 2002 -38,
as amended, "The Collier County Redevelopment Grant Program
Ordinance" in order to create a new CRA Community Event Grant Program
for the Bayshore Gateway Triangle CRA. (David Jackson, Executive
Director Bayshore Gateway Triangle CRA)
Ordinance 2011 -42 Adopted - 3/2 (Commissioner Hiller and
Commissioner Henning opposed)
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October 25, 2011
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Golden Gate Estates Land Trust Committee.
Resolution 2011 -196: Reappointing Pat Humphries — Adopted 510
B. Appointment of member to the Conservation Collier Land Acquisition
Advisory Committee.
Resolution 2011 -197: Motion to appoint Jacob Wingy — Denied 2/3
(Commissioner Coyle, Commissioner Hiller, and Commissioner
Henning opposed); Appointing Bruce Barone Jr. — Adopted 5/0
C. Appointment of member to the Ochopee Fire Control District Advisory
Board.
Resolution 2011 -198: Appointing Charles F. Hawkins — Adopted 510
D. Appointment of a member to the Radio Road East of Santa Barbara
Boulevard to the intersection of Radio Road and Davis Boulevard MSTU
Advisory Committee.
Resolution 2011 -199: Reappointing Dale M. Johnson — Adopted 510
E. Appointment of a member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2011 -200: Reappointing Bruce Foreman — Adopted 510
F. Advisory Board vacancies October 11, 2011 press release.
Read into the Record
G. To direct the County Manager to place on the BCC consent agenda all
internal staff interpretations of the Land Development Code and Permit
requirements that could appear to be more restrictive. (Commissioner
Henning)
Motion to put all past and future interpretations, whether more
restrictive or less restrictive onto the Consent Agenda — Approved 4/1
(Commissioner Coletta opposed)
H. Recommendation that the Board of County Commissioners direct the
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October 25, 2011
County Manager to work with the County Attorney to bring back to a future
Board meeting (1) a Resolution that places a six month moratorium on
soliciting within the County's Right -of -Way; and (2) an amendment to the
County's Solicitation Ordinance to require those organizations covered by
the Florida Solicitation of Contributions Act to properly identify themselves
when soliciting within Collier County; register with the County and provide
proof of permission to solicit at specified business locations. Also, to direct
the County Manager to prepare a letter to the State, to be signed by the
Chairman, requesting that the State audit those Veteran Solicitor
Organizations which have done business in Collier County since 2010.
(Commissioner Coyle)
Motion to write letter requesting the State audit the veteran
organizations that solicit in Collier County— Approved 510; Motion for
the County Manager to bring back proposed amendments to the
County's Solicitation Ordinance — Approved 3/2 (Commissioner
Henning and Commissioner Hiller opposed)
10. COUNTY MANAGER'S REPORT
A. Recommendation to grant a Certificate of Public Convenience and Necessity
for inter - facility ambulance transports to Ambitrans Medical Transport, Inc.,
and authorize the County Manager to advertise and bring back for future
consideration an amendment to Ordinance No. 04 -12, as amended, relating
to ambulance and advanced life support services, for the purpose of revising
sections pertaining to Class 2 operators (post- hospital inter - facility medical
ambulance transfer services). (Dan Summers, Director, Bureau of
Emergency Services)
motion to approve the agenda item - Approved 4/1 (Commissioner
Hiller opposed)
B. Recommendation to adopt a Bond Resolution authorizing the issuance of
Bonds in an amount not to exceed $100,000,000 in order to refund a portion
of Collier County's outstanding Capital Improvement Revenue Bonds, Series
2003 and Series 2005. (Mark Isackson, Director, Corporate Financial and
Management Services, County Manager's Office)
Resolution 2011 -202 Adopted - 510
Continued to the November 8, 2011 BCC Meeting (Per Agenda Change Sheet)
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October 25, 2011
C. Recommendation to approve an Underground Facilities Conversion
Agreement with Florida Power & Light Company (FP &L) for "Phase One"
of the Vanderbilt Beach Municipal Service Taxing Unit (the 'MSTU') Utility
Conversion Project as stipulated by Florida Public Service Commission
Tariff Section 6 and to approve payment to FP &L in the amount of
$1,806,091 to cover the construction cost for FP &L underground utility
conversion. (Michelle Arnold, Director, Alternative Transportation Modes)
D. Recommendation to review the proposed changes to Ordinance Number
2001 -73, as amended, the Collier County Water -Sewer District Uniform
Billing, Operating, and Regulatory Standards Ordinance, and provide
guidance to the County Manager for subsequent adoption of a revised
Ordinance, to provide clarification and revise administrative procedures.
(Joe Bellone, Manager, Utility Billing and Customer Service)
Motion to forward this item to the DSAC and Utility Authority —
Approved 510
E. Recommendation to award a construction contract to Quality Enterprises
USA, Inc., for Bid No. 11 -5767, Municipal Services Taxing Unit (MSTU)
Improvements to Taylor Road from Pine Ridge Road to J &C Boulevard,
Project No. 60182 -2, in Pine Ridge Industrial Park in the amount of
$1,346,946.86 plus a ten (10) percent contingency of $134,694.68, resulting
in a total contract of amount of $1,481,641.54. (Jay Ahmad, Director,
Transportation Engineering)
Approved - 510
Moved from Item #16F1 (Per Agenda Change Sheet)
F. Recommendation that the Board of County Commissioners review and
approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr.,
County Manager.
Approved - 510
Moved from Item #16A11 (Per Agenda Change Sheet)
G. Recommendation to approve and authorize the Chairman to sign an
Amendment to Agreement for Fee payment Assistance, between Collier
County and Lucy Salon, Inc., providing for the repayment of Fee Payment
Assistance funds over a five -year period.
Approved - 5/0
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October 25, 2011
Moved from Item #16D4 (Per Agenda Change Sheet)
H. Recommendation to acknowledge receipt of entitlement funds from the U.S.
Department of Housing and Urban Development (HUD) for FY 2011 -2012
and approve the associated budget amendments. Once received, HHVS will
bring the entitlement agreements and certifications to the BCC for signature.
The entitlement funds include $2,114,463 for the Community Development
Block Grant (CDBG), $502,126 for the HOME Investment Partnerships
Program (HOME), and $94,611 for the Emergency Shelter Grant (ESG).
(Commissioner Hiller's request)
Motion to approve with conditions specified — Approved 510
Moved from Item #16D5 (Per Agenda Change Sheet)
I. Recommendation that the Board of County Commissioners approve a one-
time exception to the State Housing Initiatives Partnership (SHIP) 2006-
2009 Local Housing Assistance Plan (LHAP) policy establishing first -time
homebuyers as one of the requirements for down payment and closing cost
assistance. Approval of this exception will address and correct a monitoring
concern issued for the SHIP Program.
Approved - 510
Moved from Item #16D2 (Per agenda Change Sheet)
J. Recommendation to approve and authorize the Chairman
to sign six (6) Subrecipient Agreements for the Community Development
Block Grant (CDBG) and Home Investment Partnership Program (HOME)
projects previously approved for Department of Housing and Urban
Development (HUD) funding in the 2011 -2012 Action Plan approved by the
Board on July 26, 2011 (Agenda Item Number #I OH).
Approved - 510
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT AUTHORITY
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October 25, 2011
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners adopts the
Bayshore Beautification MSTU Master Plan. (Fiscal Impact: None)
Companion Item to # 13132 and # 13133. (David Jackson, Executive
Director Bayshore Beautification MSTU)
Approved — 4/0 (Commissioner Hiller absent)
2) Recommendation that the Board of County Commissioners adopts the
Bayshore Beautification MSTU Identity Design Study. (Fiscal Impact:
None) Companion to Item # 13B 1. (David Jackson, Executive Director
Bayshore Beautification MSTU)
Approved — 4/0 (Commissioner Hiller absent)
3) Recommendation for the Board of County Commissioners to accept
the Tertiary Stormwater System Improvement Plan for the Bayshore
MSTU Area as presented by the Collier County Community
Redevelopment Agency (CRA) and Bayshore Beautification MSTU;
recognizing how the plan complements the County's secondary
system project for the Bayshore MSTU area; authorize the County
Manager, or his designee, to provide support to the CRA/MSTU
where needed; and approve CRA staff's approach to execute the plan.
(Source of Funding — CRA TIF Fund 187 and MSTU Fund 163)
Companion Item to #I 3B 1. (David Jackson, Executive Director
Bayshore Beautification MSTU)
Approved — 510
4) Recommendation that the Community Redevelopment Agency (CRA)
adopts the Gateway Triangle CRA Streetscape Guidelines. (Source of
Funding — CRA TIF Fund 187) (David Jackson, Executive Director
Bayshore Gateway Triangle CRA)
Approved — 510
Moved from Item #16133 (Per Agenda Change Sheet)
5) Recommendation that the Board of County Commissioners approves
the transfer of administrative and management duties for the
Immokalee Beautification Municipal Service Taxing Unit from
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October 25, 2011
Growth Management staff to Immokalee Community Redevelopment
Agency (CRA) staff to become effective October 1, 2011; direct the
Budget Office to discontinue the annual transfer of funds from the
Immokalee Beautification MSTU (Fund 162) to the MSTD General
Fund (Fund 111), and that the Collier County Board of County
Commissioners, acting as the Community Redevelopment Agency
authorize the creation of a Full Time Employee position (MSTU
Project Manager) for FY 12; authorize the Executive Director to
advertise the position; hire a qualified applicant; and approve
necessary budget amendment. (This item is a companion to Item
#17B)
Approved — 4/0 (Commissioner Hiller absent)
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Floyd Crews — Immokalee Airport and Steve Fletcher
B. Pam Brown — Immokalee Airport and Steve Fletcher
C. Chris Kulpa — Immokalee Airport and Steve Fletcher
D. Steve Fletcher — Immokalee Airport driving privileges
E. Marvin Cortright — Immokalee Airport and Steve Fletcher
F. Doug Fee — Wiggins Pass Inlet cancelled meetings and Veteran's
Memorial Boulevard
➢ Motion for the Airport Director to reinstate Mr. Fletcher's privileges
allowing him access across airport property necessary to access his
business operations with no escort. Mr. Fletcher must also attempt to
contact airport personal to inform them that he will be accessing the
airport, the Rules and Regulations are available in the Airport Office —
Approved 4/1 (Commissioner Coyle opposed)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Henning — Motion to adjourn — Approved 510
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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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October 25, 2011
Approved and /or Adopted with changes — 510
A. GROWTH MANAGEMENT DIVISION
Continued to the November 8, 2011 BCC Meeting (Per Agenda Change Sheet)
1) Recommendation to award Bid #11 -5700 for "Devonshire Boulevard
Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in
the amount of $267,214.37. Improvements will be funded by
residents of the Radio Road Beautification MSTU.
2) Recommendation to approve the conveyance of a Drainage Access
and Maintenance Easement from Collier County (as the governing
board of the Collier County Water -Sewer District) to Collier County
(as apolitical subdivision of the State of Florida). Project No. 51101.
Fiscal Impact: $35.50
For the expansion of the Naples Manor North Canal as part of the
LASIP
3) Recommendation to approve and record in the public records a
Declaration setting aside for Drainage Access and Maintenance
purposes a portion of the Parks and Recreation Department property
located on Warren Street and developed with baseball diamonds by
the Gulf Coast Little League and recently named "Cindy Mysels
Park." Fiscal Impact $9,927.
Cost for recording is $27.00
4) Recommendation to authorize the Clerk of Courts to release securities
which were posted as development guarantees through Land
Development Services.
Relating to the following projects: Avow Hospice of Naples, The
Arlington of Naples, The "Q" Model Center, Bucks Run and
Covenant Presbyterian Church of Naples
5) Recommendation for the Board of County Commissioners to approve
an extension to the period of performance from August 13, 2011 to
February 9, 2012 for the Federally Funded Sub -Grant Agreement
HMGP #I 785-027-R with the Florida Division of Emergency
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October 25, 2011
Management to complete the grant scope of work for the Lely Area
Stormwater Improvement Project (LASIP) Haldeman Creek
Stormwater Improvement and Lock Louise Weir Reconstruction
project.
6) Recommendation to accept the donation of a drainage easement
between 40th Street NE and the FAKA Union Canal in Unit 43 of
Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed
$50)
To clear the existing vegetation from the drainage ditch and
maintain it as needed
7) Recommendation to approve a resolution calling for a bond
referendum election to be held for the Radio Road, East of Santa
Barbara Boulevard to the Intersection of Radio Road and Davis
Boulevard Municipal Service Taxing Unit (MSTU) to determine if the
qualified electors residing in such MSTU approve obtaining a loan not
to exceed $649,000 in order to finance certain landscaping and
irrigation capital improvements within such MSTU, with a maturity
date not longer than 10 years.
Resolution 2011 -192
8) Recommendation to award Bid #11 -5733R for "Irrigation Parts,
Pumps and Related Items" to Florida Irrigation Supplies and Naples
Electric Motor Works. The annual expenditures are estimated to be
$100,000.
Contract term is for one (1) year with three (3) one (1) year
renewal options
9) Recommendation to recognize forthcoming revenues, originally
awarded and accepted as Congestion Management System grant funds
and currently being flexed into a FY 2012 Federal Transit
Administration Section 5307 grant in the amount of $375,000; to
approve the necessary budget amendment; and, to authorize staff to
immediately incur expenses in accordance with Federal Transit
Administration pre -award guidance so the order to build a new 35 foot
bus may proceed prior to cost escalations by the manufacturer.
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October 25, 2011
Related to the interlocal agreement with Lee County for the
public transit service link between the two counties
10) 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 for recording the final plat of Faith Landing Phase One,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the construction plan final
approval letter
Moved to Item #10G (Per Agenda Change Sheet)
11) Recommendation to approve and authorize the Chairman to sign an
Amendment to Agreement for Fee Payment Assistance, between
Collier County and Lucy Salon, Inc., providing for the repayment of
Fee Payment Assistance funds over a five -year period.
12) Recommendation to Approve Change Order # 1 to Contract No. 10-
5456 for "Verification Testing Services for Oil Well Road," for an
estimated cost of $125,000 Project #60044.
To cover the expenses of future testing and laboratory analysis
w /AIM Engineering and Surveying, Inc.
13) Recommendation to approve and authorize the Chairman to sign, a
Satisfaction of Lien for the Summer Lakes /Sawgrass Pines
Apartments Phase II due to the impact fees being paid in full in
accordance with the Multi- family Rental Impact Fee Deferral
Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the
Collier County Code of Laws and Ordinances.
Impact fees were paid in full on October 12, 2011
14) 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 that the
Board of County Commissioners (BCC) affirm the Official
Interpretation which found that the conversion of a side entry garage
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October 25, 2011
into a media room for a zero lot line dwelling located on Lot 23,
Mediterra Parcel 125 Replat, to be consistent with the minimum front
yard setback requirement for a front entry garage as provided in
Section 3.5 (Table I) of the Mediterra Planned Unit Development
(PUD).
As detailed in the Executive Summary
15) Recommendation to approve, and authorize the Chairman to sign, a
Memorandum of Understanding implementing the direction of the
Board of County Commissioners to provide funding to the Early
Learning Coalition of Southwest Florida, Inc., in the amount of
$50,000 in Fiscal Year 2012.
As directed at the September 8, 2011 BCC Meeting
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and accepts a donation of office furniture
and equipment from Economic Development Council of Collier
County for use at the Bayshore Gateway Triangle CRA office, and
directs the Executive Director to register the assets with applicable
government departments. (Fiscal Impact: None) (David Jackson,
Executive Director Bayshore Gateway Triangle CRA)
CRA office is located at 4069 Bayshore Drive
2) Recommendation for the Board of County Commissioners to approve
a request for a specific paint color on a commercial building within
the CRA Cultural Arts District pursuant to "legislation in process"
through the 2012 LDC Amendment Cycle 1; acknowledge that
painting the building this color prior to approval of the proposed LDC
change would be at the Owner's risk; and direct Code Enforcement to
not prosecute the Owner for this color pending the Board's final
determination of the proposed LDC amendment. Fiscal Impact: None.
(Jean Jourdan, Project Manager, Bayshore Gateway Triangle CRA)
For the future home of the "Three 60 Market" on Bayshore Drive
(former site of Tipsy Seagull)
Moved to Item #13135 (Per Agenda Change Sheet)
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October 25, 2011
3) Recommendation that the Board of County Commissioners approves
the transfer of administrative and management duties for the
Immokalee Beautification Municipal Service Taxing Unit from
Growth Management staff to Immokalee Community Redevelopment
Agency (CRA) staff to become effective October 1, 2011; direct the
Budget Office to discontinue the annual transfer of funds from the
Immokalee Beautification MSTU (Fund 162) to the MSTD General
Fund (Fund 111), and that the Collier County Board of County
Commissioners, acting as the Community Redevelopment Agency
authorize the creation of a Full Time Employee position (MSTU
Project Manager) for FY 12; authorize the Executive Director to
advertise the position; hire a qualified applicant; and approve
necessary budget amendment. (This item is a companion to Item
#17B)
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve Amendment No. A02 to Agreement No.
4600001937 between Collier County and the South Florida Water
Management District, renewing the existing agreement for a period of
one year until September 30, 2012, to continue the supplemental
collection of surface water quality samples in Collier County
(estimated annual revenue to County is $60,000).
2) Recommendation to approve a Household Hazardous Waste Unique
and Innovative Grant Agreement, No. S0557, with the Florida
Department of Environmental Protection in an amount not to exceed
$49,976, pursuant to Line Item 1703E of the FY2011 -2012 General
Appropriations Act, to add household and small business hazardous
waste services to cleanup events in neighborhoods and, to authorize a
corresponding budget amendment.
Adding 5 neighborhood cleanup events by June 15, 2012 to
educate the significant immigrant population
3) Recommendation to award Bid Number 11 -5749, South County
Water Reclamation Facility Electrical Upgrades, to Gulf States
Electric, Inc., in the base bid amount of $800,970 for Project Number
70079, South County Water Reclamation Facility Lightning/Surge
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October 25, 2011
Protection and Grounding; and, authorize a budget amendment of
$364,103 from Project Number 70050, Master Pump Station
Technical Support, to Project Number 70079.
In order to be compliant with the latest standards identified by
the National Electrical Code
4) Recommendation to approve, execute and record Satisfaction of
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
Fiscal impact is $10 to record the Satisfaction of Lien.
Property located at 5338 Mitchell Street, Folio #62255440000
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve the submittal of the Fiscal Year 2011
Continuum of Care (CoC) Grant application to the U.S. Department of
Housing and Urban Development (HUD) for CoC programs assisting
and benefiting the homeless population in Collier County. This grant
application has no effect on ad valorem or general fund dollars.
For Collier County HHVS, Shelter for Abused Women &
Children, St. Matthews's House and Collier County Housing
Authority
Moved to Item #10J (Per Agenda Change Sheet)
2) Recommendation to approve and authorize the Chairman to sign six
(6) Subrecipient Agreements for the Community Development Block
Grant (CDBG) and Home Investment Partnership Program (HOME)
projects previously approved for Department of Housing and Urban
Development (HUD) funding in the 2011 -2012 Action Plan approved
by the Board on July 26, 2011 (Agenda Item Number # l OH).
3) Recommendation to approve a reprogramming of Homelessness
Prevention and Rapid Re- Housing Program (HPRP) funds in the
amount of $73,080.99 and authorize the Chairman to sign two (2)
amendments to the 2009 (HPRP) subrecipient grant agreements with
Youth Haven in the amount of $311,080.99 ($53,080.99 increase),
and Catholic Charities in the amount of $150,000 ($20,000 increase)
in order to incorporate reallocated HPRP funds.
As detailed in the Executive Summary
Page 18
October 25, 2011
Moved to Item #10H (Per Agenda Change Sheet)
4) Recommendation to acknowledge receipt of entitlement funds from
the U.S. Department of Housing and Urban Development (HUD) for
FY 2011 -2012 and approve the associated budget amendments. Once
received, HHVS will bring the entitlement agreements and
certifications to the BCC for signature. The entitlement funds include
$2,114,463 for the Community Development Block Grant (CDBG),
$502,126 for the HOME Investment Partnerships Program (HOME),
and $94,611 for the Emergency Shelter Grant (ESG).
Moved to Item #10I (Per Agenda Change Sheet)
5) Recommendation that the Board of County Commissioners approve a
one -time exception to the State Housing Initiatives Partnership (SHIP)
2006 -2009 Local Housing Assistance Plan (LHAP) policy
establishing first -time homebuyers as one of the requirements for
down payment and closing cost assistance. Approval of this exception
will address and correct a monitoring concern issued for the SHIP
Program.
6) Recommendation to authorize the Housing, Human & Veteran
Services Department (HHVS) to evaluate Collier County's continuing
role as the U.S. Department of Housing and Urban Development's
(HUD) designated Lead Agency for the Continuum of Care Program
in Collier County. This evaluation will review the collaborative
efforts of Collier County and the non - profit corporations who
comprise the Continuum of Care FL606 (CoC). Staff will then bring
a recommendation as to whether to continue as the Lead Agency to
the Board for further consideration.
7) Recommendation to award a Work Order to Coastal Engineering
Consultants in the amount $18,650 for construction support and
project certification for the Collier Bay dredging project, approve
necessary budget amendment and make a finding that this activity
promotes tourism within Collier County.
To restore safe navigation by removing the shoal that has created
hazardous conditions for the boating community near Hideaway
Beach on Marco Island
Page 19
October 25, 2011
8) Recommendation to approve and authorize the Chairman to execute
the FY 11 -12 contract between Collier County and the State of Florida
Department of Health for operation of the Collier County Health
Department in the amount of $1,324,400.
9) Recommendation to award Bid No. 11 -5763 to Energy Resources, Inc
in the amount of $262,000 for the emergency dredging of Collier Bay
entrance channel, approve necessary budget amendment, make a
finding that this activity promotes tourism within Collier County, and
authorize the Chairman to execute the standard contract after County
Attorney approval.
Due to approximately 10,000 CY's of beach sand accumulating at
the mouth of the entrance canal
10) Recommendation to accept the Retired and Senior Volunteer Program
(RSVP) grant award from the Corporation for National and
Community Service in the amount of $40,891 and approve the related
budget amendments.
County required to pay $17,525 in match funds
11) Recommendation to approve and authorize the Chairman to sign the
FY 2011 -12 Agreement with the David Lawrence Mental Health
Center, Inc. to provide detoxification and mental health services
within Collier County. Local match funding is required by Florida
statue section 394.76(9). Fiscal impact is $899,300.
12) Recommendation to award to Naples Wholesale Bait, the only vendor
that can meet all the requirements as a supplier and distributor of live
bait, for resale at Caxambas Park, Cocohatchee River Park Marina.
Port of the Islands Marina, and Goodland Boat Park with an estimated
Fiscal Year 2012 expenditure of approximately $100,000, and
approve a seven day payment schedule.
13) Recommendation to approve and authorize the Chairman to sign
Signature Authority Forms for three (3) Disaster Recovery Initiative
(DRI) Grant agreements between the Florida Department of
Community Affairs and Collier County. These forms will update
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October 25, 2011
Collier County's Contact Person, Financial Contact Person, and
designate individuals authorized to sign Request for Funds (RFF) for
each of these grants.
Grant #07DB- 3V- 09- 21- 01 -ZO1, #08DB- D3- 09- 21- 01 -AO3 and
# 1 ODB- D4- 09- 21- 01 -KO9
14) Request to approve a time extension of Contract #07 -4131, "Gordon
River Greenway Park" with Kimley -Horn & Associates, Inc.
Requested extension to June 30, 2012 to complete the permitting
and design of this park
15) Recommendation to recognize insurance proceeds received from
Johns Eastern Company, Inc. in the amount of $41,561.33 for the
replacement of an F -350 truck and related trailer and approve the
necessary budget amendment.
Relating to an accident on July 26, 2011
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to accept Modification No. 6 to U.S. Fish and
Wildlife Service (USFWS) Cooperative Agreement No. 401815JO21
to fund habitat restoration at the Railhead Scrub Preserve.
Funds moved from the McIlvane Marsh Preserve
2) Recommendation that the Board approve, and authorize the Chairman
to sign, three Lease Agreements with the Florida Fish and Wildlife
Conservation Commission (FWC) in order to allow FWC to conduct
Youth Hunts for Collier County residents at Pepper Ranch Preserve in
November 2011, January 2012, and February 2012.
3) Recommendation to approve a Resolution that names the County
Manager as the Board's designee for the purpose of executing
certificates of title for County -Owned vehicles set for salvage or
destruction and, permitting the County Manager to assign such
responsibilities to the Directors of the Risk Management and
Purchasing Departments.
Resolution 2011 -193
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October 25, 2011
4) Recommendation that the Board of County Commissioners approves
and authorizes the Chairman to sign the Assumption Agreement from
Alliance Medical, Inc. (d/b /a AllMed) to Bound Tree Medical, for
Veterinary Medical Supplies and Equipment.
Due to the purchase of A11Med assets on July 15, 2011
5) Recommendation to approve a First Amendment to Parking License
Agreement with Vanderbilt Real Estate Holdings, LP, for temporary
parking for beach maintenance equipment at a first year annual cost of
$6,900.
At the intersection of Gulfshore Court and Center Street North,
adjacent to Vanderbilt Beach Drive
F. COUNTY MANAGER OPERATIONS
Moved to Item #10F (Per Agenda Change Sheet)
1) Recommendation that the Board of County Commissioners review
and approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs,
Jr., County Manager.
2) Recommendation to approve a budget amendment recognizing
carryforward from FY2011 for the Goodland Fire District Fund (149)
in the amount of $99,100.
The City of Marco has reduced funding for fire suppression
services to the Goodland Horr's Island Community due to lower
taxable values in the district
G. AIRPORT AUTHORITY
1) Recommendation to approve a License Agreement with the King
Brothers Circus at the Immokalee Airport for a one night event.
Event to be held on November 6, 2011
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2011 United Way of Collier County Campaign
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October 25, 2011
Recognition Breakfast on October 4, 2011 at the Naples Hilton in
Naples, FL. $20 to be paid from Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2011 Distinguished Public Service Awards presented by
The Greater Naples Chamber of Commerce on October 12, 2011 at
the Naples Hilton Hotel in Naples, FL. $20 to be paid from
Commissioner Fiala's travel budget.
Located at 5111 Tamiami Trail North
3) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Southwest Florida Hispanic Chamber of Commerce
luncheon on October 18, 2011 at Noodles 1585 Pine Ridge Road,
Naples, FL. $16 to be paid from Commissioner Henning's travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a new Interlocal Agreement for Election
Services between Everglades City and Collier County in connection
with the City's next regularly scheduled municipal election to be held
on November 22, 2011.
Supersedes and replaces the former agreement that was never
executed
2) To obtain Board approval for disbursements for the period of
September 24, 2011 through September 30, 2011 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of October
1, 2011 through October 7, 2011 and for submission into the official
records of the Board.
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October 25, 2011
4) Recommendation to approve the use of Confiscated Trust Funds for
the purchase of a DARE vehicle for community awareness.
Cost of $63,000.00 to purchase the new DARE vehicle
5) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 318.18(13)(a)(1) with the Board of
County Commissioners.
6) Recommendation that the Board accept the investment status update
report for the quarter ending September 30, 201 L
The Clerk also provides a monthly summary of investments on
the Clerk's website for public access
K. COUNTY ATTORNEY
1) Recommendation to approve a Retention Agreement for legal services
with the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden,
Bush, Dee, LaVia & Wright, P.A.
For services not to exceed $100,000 with David S. Dee (formerly
with Young van Assenberp, P.A.) for his expertise in local
government law, environmental law and permitting of solid waste
facilities and related issues
2) Request by the Collier County Industrial Development Authority for
approval of a resolution authorizing the Authority to issue revenue
bonds to refund bonds previously issued for healthcare facilities at
Naples Community Hospital.
Resolution 2011 -194
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
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October 25, 2011
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 hearine be held on this item, all participants are
required to be sworn in. VA- PL2010 -1654, a Resolution of the Board of
Zoning Appeals of Collier County, Florida relating to Petition Number VA-
PL2010 -1654 for a variance from the required 30 foot side setback in the
Estate Zoning District to permit a side setback of 23.43 + /- feet on property
located at 4750 18th Ave. S.E. hereinafter described in Collier County,
Florida.
Resolution 2011 -195
B. Recommendation to adopt an ordinance amending Ordinance No. 2002 -52,
which established the Immokalee Beautification Advisory Committee, in
order to allow the Immokalee Community Redevelopment Agency, through
its Executive Director, to assume administrative and management duties of
the Immokalee Beautification Municipal Service Taxing Unit such as
employing staff to assist the Committee. (This item is a companion to Item
# 16133)
Ordinance 2011 -39
18. ADJOURN
Motion to Adjourn — Approved 510
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
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October 25, 2011