Backup Documents 12/13-14/2011 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
December 13-14,2011
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
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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December 13-14,2011
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Dr. Edward Thompson - First Presbyterian Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex
Parte Disclosure provided by Commission members for the consent and
summary agenda)
Approved and /or Adopted with changes — 5/0
B. October 11, 2011 - BCC /Regular Meeting
Approved as amended — 5/0
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December 13 -14, 2011
C. October 25, 2011 - BCC /Regular Meeting
Approved as presented — 5/0
D. November 8, 2011 - BCC /Regular Meeting
Approved as presented — 5/0
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. ADVISORY BOARD MEMBERS
1) 5 Year Attendees
a) William J. Varian, Development Services Advisory Committee
Presented
b) Robert A. Miller, Tourist Development Council
Not present
c) Marcia Breithaupt, Animal Services Advisory Board
Not present
d) William Deyo, Immokalee Beautification MSTU Advisory
Committee
Presented
e) Dennis Vasey, Floodplain Management Planning Committee
Presented
f) Pierre Bruno, Floodplain Management Planning Committee
Presented
g) Philip Brougham, Floodplain Management Planning Committee
Presented
h) Clarence Tears, Floodplain Management Planning Committee
Presented
i) Joseph Gagnier, Floodplain Management Planning Committee
Presented
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December 13-14,2011
j) Llewellyn Schmidt, Floodplain Management Planning
Committee
Presented
2) 10 Year Attendees
a) Mark Strain, Collier County Planning Commission
Presented
b) Paul Midney, Collier County Planning Commission
Not present
c) Richard E. Lydon, Vanderbilt Beach Beautification MSTU
Advisory Committee
Presented
3) 15 Year Attendees
a) Richard E. Joslin, Jr., Contractor's Licensing Board
Not present
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating December, 2011 as Make -A -Wish Foundation
Month in Collier County. To be accepted by Reg and Sandra Buxton,
Make -A -Wish Foundation President's Council of Collier County.
Sponsored by Commissioner Coyle.
Adopted — 5/0
B. Proclamation recognizing Naples Christian Academy for its continued
efforts to promote waste reduction, reuse, recycling and environmental
awareness. To be accepted by Trusha Barner, Director of Students & Parent
Services and Barbara McWilliams, Art and Middle School Teacher.
Sponsored by Commissioner Henning.
Adopted — 5/0 (Accepted by Dr. Phil Tingle, Interim Head Master)
5. PRESENTATIONS
A. Presentation of Collier County's Business of the Month for December, 2011
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December 13 -14, 2011
to Cruise Naples. Accepting the award are Harry and Lance Julian.
Presented
B. Presentation recognizing winners of the Collier County Commuter
Services Day Challenge and County's designation as a "Best Workplace
for Commuters ". Accepting trophies are Dennis Linguidi, Facilities
Manager, Facilities Management and Robert St. Cyr, Director of
Community Outreach, Clerk of Court's Office.
Presented
C. Recommendation to recognize Mario Garcia, SCADA Operator, Wastewater
Department, as Employee of the Month for November, 2011.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from John Rogers regarding the termination of
Emilio Rodriguez.
Motion to accept additional information into the record — Approved 4/0
(Commissioner Hiller absent); Motion to accept petition packet into the
record — Approved 5/0; Motion to conduct an outside investigation,
request the Clerk to perform an audit and to bring back at a future
BCC Meeting — Failed 2/3 (Commissioner Coyle, Commissioner
Coletta and Commissioner Henning opposed); Motion directing the
County Manager to provide a full report to the Commissioners -
Approved 5/0
B. Public Petition request from Kathleen Pratt regarding water /sewer billing.
Discussed
Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard immediately followinz Item #101. CP- 2008 -5,
Petition requesting amendments to the Immokalee Area Master Plan and
Immokalee Area Master Plan Future Land Use Map, to make revisions to the
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December 13-14,2011
entire Master Plan that includes: 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 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 Immokalee Urban Area. (Adoption Hearing)
Motion to approve — Failed 3/1 (Commissioner Hiller opposed and
Commissioner Henning abstained)
B. Recommendation to adopt an ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances (Collier County Consolidated
Impact Fee Ordinance) amending Schedules One, Three, Four, Seven, Eight
and Nine of Appendix A, Road, Parks and Recreation, Correctional
Facilities, Emergency Medical Services, Library and General Government
Building Impact Fee Rate Schedules in accordance with adopted indexing
methodology, utilizing a two -year average, that provides for reduction in
rates; accepting calculation of the indexing percentage for the (Dependent)
Fire Impact Fees (Isles of Capri & Ochopee) in accordance with adopted
indexing methodology, utilizing a two -year average, but providing current
(Dependent) Fire Impact Fee rates remain in effect, provided in Schedule
Five of Appendix A, rather than increasing fees as calculated; accepting
calculation of the indexing percentage for the Educational Facilities (School)
Impact Fees in accordance with adopted indexing methodology, utilizing a
two -year average, but providing current Educational Facilities (School)
Impact Fee rates remain in effect, as set forth in Schedule Six of Appendix
A, as those rates are lower than rates that would be generated by application
of the index, based on the 50% reduction of fees that was implemented in
October, 2010; accepting calculation of indexing percentages for the Law
Enforcement Impact Fee in accordance with adopted indexing methodology,
utilizing a two -year average, but providing Phase 1I Law Enforcement
Impact Fee rates will go into effect December 20, 2011, as previously
advertised and adopted, as Phase II rates are lower than those that would be
generated by application of the index; and providing for a delayed effective
date of December 20, 2011, in order to provide time for filing with Florida's
Department of State and to notify local municipalities of the new rates.
Ordinance 2011 -44 Adopted - 5/0
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December 13-14,2011
Moved from Item #17A (Per Agenda Change Sheet)
C. Recommendation to approve a resolution allowing the Collier County
Water -Sewer District to expand water and wastewater service district
boundaries to include portions of the development known as Hacienda
Lakes, and surrounding areas, that are currently outside existing boundaries.
Resolution 2011 -227 Adopted - 5/0
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of a member to the Consumer Advisory Board.
Resolution 2011 -228: Appointing Robert Whitaker — Adopted 5/0
B. Appointment of a member to the Golden Gate Estates Land Trust
Committee.
Resolution 2011 -229: Appointing W. James Flanagan, III — Adopted 5/0
C. Appointment of a member to the Radio Road East of Santa Barbara
Boulevard to Davis Boulevard MSTU Advisory Committee.
Resolution 2011 -230: Appointing Janice Bundy — Adopted 5/0
D. Appointment of a member to the Immokalee Enterprise Zone Development
Agency.
Resolution 2011 -231: Appointing Angel Madera, Jr. (Business Owner
Category w /term expiring April 4, 2013) — Adopted 5/0
E. Appointment of members to the Isles of Capri Fire Control District
Advisory Committee and consideration to add an alternate member to
the committee.
Resolution 2011 -232: Re- appointing James Gault and Appointing James
Hughes — Adopted 5/0
F. Appointment of members to the Emergency Medical Services Policy
Advisory Board.
Resolution 2011 -233: Re- appointing Rosemary LeBailly (ER Nurse
Category w /term expiring September 25, 2015) and Appointing Tabitha
Butcher (EMS Category w /term expiring September 25, 2013) —
Adopted 5/0
G. Appointment of members to the Development Services Advisory
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December 13-14,2011
Committee.
Resolution 2011 -234: Re- appointing Ray Allain (GC Category), Laura
DeJohn (Land Category), Blair Foley (PE Category), Marco Espinar
(Environmental Biologist Category), Mario Valle (GC Category) and
Appointing Ronald Waldrop (PE Category) — Adopted 510
H. Appointment of members to the Golden Gate Community Center Advisory
Committee.
Resolution 2011 -235: Re- appointing Darren S. Brooks, Margaret E.
Harris and William E. Arthur — Adopted 5/0
I. Appointment of a member to the Collier County Planning Commission.
Resolution 2011 -236: Appointing William H. Vonier (District 2)
Adopted — 510
J. Appointment of members to the Hispanic Affairs Advisory Board.
Resolution 2011 -237: Appointing Albert Batista (w /term expiring June
25, 2013) and J. Walter Call (w /term expiring June 25, 2015) — Adopted
5/0
Continued to the January 10, 2012 BCC Meeting (Per Agenda Change Sheet)
K. This item was continued from the November 8, 2011 BCC Meeting.
Recommendation to approve a Resolution acknowledging the Board of
County Commissioners support of Senate Bill 192 pertaining to amending
procedures for merger and dissolution of two or more independent special
districts. (Commissioner Henning)
Time Certain December 13, 20115:15 p.m. (Per Agenda Change Sheet)
L. Discussion regarding the mesh size of fishing nets for local fishermen
and a proposal to write a letter of support to the Florida Fish and Wildlife
Commission supporting the ability for fishermen to use whatever mesh
necessary to harvest legal, marketable fish. (Commissioner Coletta)
Motion to approve and staff to gather information and bring back to the
January 24, 2012 BCC Meeting — Approved 5/0
Time Certain December 13, 20115:00 p.m. (Per Agenda Change Sheet)
M. Discussion to consider the possibility of conducting a workshop in
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December 13 -14, 2011
January, 2012 with the Collier County Board of County Commissioners,
Emergency Medical Services, and the Fire Chiefs of the three Independent
Fire Departments. (Commissioner Coletta and Commissioner Fiala)
Motion directing staff to coordinate a workshop with all parties
attending at the earliest opportunity in 2012 — Approved 4/1
(Commissioner Henning opposed)
N. Request for the Board of County Commissioners to amend Ordinance
No. 2009 -01, as amended, that created the Emergency Medical Services
Policy Advisory Board by changing the category definition for one of the
five members that compose the Advisory Board. (Ian Mitchell, Executive
Manager to the BCC)
Motion to approve — Approved 4/1 (Commissioner Hiller opposed)
O. Request for reconsideration of Item #16B3 from the October 25, 2011
BCC Meeting titled "Recommendation that the Board of County
Commissioners approve 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 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 FY12; authorize the
Executive Director to advertise the position; hire a qualified applicant; and
approve necessary budget amendment. (Commissioner Henning)
Motion to approve — Failed 2/3 (Commissioner Coyle, Commissioner
Coletta and Commissioner Fiala opposed)
P. Request for reconsideration of Item #I 7B from the October 25, 2011
BCC Meeting titled "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. (Commissioner Henning)
Referenced as a companion to Item #90 with no formal vote taken
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December 13 -14, 2011
Wednesday, December 14, 2011
Q. Advisory Board Vacancies.
Read into the record
10. COUNTY MANAGER'S REPORT
Wednesday, December 14, 2011
A. Recommendation to approve a Neighborhood Stabilization Program (NSP)
Strategy and associated implementation actions. (Marla Ramsey, Division
Administrator, Public Services)
Motion to approve staffs recommendations — Approved 3/2
(Commissioner Hiller and Commissioner Fiala opposed)
B. This item to be heard at 10:45 a.m. Recommendation to accept findings
of the independent legal review of the county's current purchasing policy
and direct staff to return with an ordinance to adopt the proposed revisions.
(Len Price, Administrative Services Administrator)
Motion to approve the Consultant's report and for staff to work with
Clerk's Office and bring back a proposed ordinance at a future Board
Meeting — Approved 510
Wednesday, December 14, 2011
C. Recommendation to direct the County Manager or his designee to advertise
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 until such 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 Annual Update and Inventory
Report. (George Yilmaz, Public Utilities Interim Administrator)
Approved — 5/0
Wednesday, December 14, 2011
D. Recommendation to approve an exception to the Public Utilities Division's
procedure for adjustments to customer accounts to correct existing reclaimed
water billing items, and to direct the County Manager or his designee to
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December 13-14,2011
implement staff's recommended actions. (George Yilmaz, Public Utilities
Interim Administrator)
Approved — 5/0
Wednesday, December 14, 2011
E. Recommendation to for the Board of County Commissioners to accept the
Watershed Management Plan (WMP) and direct the County Manager or
Designee to implement the WMP Initiatives utilizing existing Staff and
Budget. (Nick Casalanguida, Deputy Administrator, Growth Management
Division/Planning & Regulation)
Motion to approve w /modifications to staffs recommendations and
direct the Chairman to write a letter to the Governor for additional
support — Approved 5/0
Wednesday, December 14, 2011
F. Recommendation to accept a project management plan for the development
of a Surface Water Management Business Plan that will be the guiding
document for the future County Surface Water Management Program and
direct the County Manager or designee to execute the plan. (Gerald Kurtz,
P.E. Principal Project Manager, Growth Management Division/Planning &
Regulation)
Motion to approve the project plan with the development of a timeline,
a review by the EAC and to integrate LDC activities into the process -
Approved 510
Wednesday, December 14, 2011
G. Request that the Board of County Commissioners provide direction on
moving forward with the proposed Rural Lands Stewardship Area (RLSA)
amendments, as appropriated in the 2011 Evaluation and Appraisal Report
(EAR), adopted by the BCC January 31, 2011. (Mike Bosi, Comprehensive
Planning Manager, Growth Management Division/Planning & Regulation)
Motion to accept Special EAR Cycle (Option 1) with an independent
firm to perform unbiased report and present to Board — Approved 4/1
(Commissioner Hiller opposed)
H. This item to be heard at 1:00 p.m. A report to the Board of County
Commissioners concerning the results of the Immokalee Mobile Home
Park Assessment. (Ray Bellows, Planning Manager, Growth Management
Division/Planning & Regulation)
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December 13-14,2011
Motion to accept report — Approved 4/1 (Commissioner Hiller opposed)
I. This item to be heard immediately followinz Item #10H.
Recommendation to accept the Code Enforcement Department's process
for settlement agreements for Immokalee mobile home parks that have
appropriate zoning. (Diane Flagg, Director, Code Enforcement, Growth
Management Division/Planning & Regulation)
Motion to withdraw item — Approved 5/0
J. Recommendation to review the procurement of services of Suncoast
Moving & Storage, Inc. for moving the County Property Appraiser's Office
in July, 2010 and make a determination regarding request for final payment
in the amount of $6,556.50. (Len Price, Administrative Services
Administrator)
Motion to continue to January 10, 2012 BCC Meeting — Approved 5/0
Wednesday, December 14, 2011
K. Recommendation to approve and authorize the Chairman to execute a Partial
Release of Conservation Easement to the South Florida Water Management
District in connection with the Vanderbilt Beach Restroom & Concession
Project. (Gary McAlpin, Coastal Zone Management Director)
Approved — 3/0 (Commissioner Fiala and Commissioner Henning
absent)
Moved from Item #16A19 (Per Agenda Change Sheet)
L. Recommendation the Board of County Commissioners (Board) accept a
process to review past Staff Clarifications and Official Interpretations of
the Land Development and Building Codes and to accept specific Staff
Clarifications and Official Interpretations in this Executive Summary.
(Official Interpretations are quasi-judicial.)
Motion to approve staffs recommended policy — Approved 3/2
(Commissioner Hiller and Commissioner Henning opposed)
Wednesday, December 14, 2011
Moved from Item #16A24 (Per Agenda Change Sheet)
M. Recommendation to direct the County Manager, or his designee, to suspend
collection of Affordable Housing Contributions, pending the Board's
decision on a Land Development Code (LDC) Amendment to remove
Affordable Housing Contribution commitments.
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December 13-14,2011
Approved — 4/0 (Commissioner Henning absent)
Wednesday, December 14, 2011
Moved from Item #16A21 (Per Agenda Change Sheet)
N. Recommendation to approve issuance of a building permit prior to approval
of a Planned Unit Development Rezone and Site Development Plan
Amendment for a twenty -five thousand square -foot classroom and office
addition to existing Community School of Naples, not to exceed the same
existing upper school building height of thirty-two feet.
Staff to issue permit with the stipulation that height is not to go beyond
30 feet
Wednesday, December 14, 2011
Moved from Item #16A16 (Per Agenda Change Sheet)
O. Recommendation to approve a release of lien in Code Enforcement Action
entitled Board of County Commissioners vs. Jack and Emma Mae Barrs,
CEB Case No. 2002 -008, relating to property at 2990 Sunset Boulevard,
Collier County, Florida.
Approved — 4/0 (Commissioner Henning absent)
Wednesday, December 14, 2011
Moved from Item #16A4 (Per Agenda Change Sheet)
P. This item requires that ex Darte disclosure be Drovided by Commission
members. Recommendation to approve for recording the final plat of
Arthrex Commerce Park, approve the standard form Construction and
Maintenance Agreement and approve the amount of the performance
security.
Approved — 4/0 (Commissioner Henning absent)
Wednesday, December 14, 2011
Moved from Item #16E15 (Per Commissioner Henning during Agenda Changes)
Q. Recommendation to accept reports and ratify staff - approved change orders
and changes to work orders.
Approved — 3/2 (Commissioner Hiller and Commissioner Henning
opposed)
11. COUNTY ATTORNEY'S REPORT
Time Certain December 13, 20114:30 p.m. (Per Agenda Change Sheet)
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December 13-14,2011
A. Recommendation to authorize the County Attorney to advertise amendments
to two ordinances for future consideration, relating to public solicitation of
contributions and the issuance of permits for charitable solicitation at road
intersections.
Approved — 510
Wednesday, December 14, 2011
Added (Per County Attorney Jeff HIatzkow during Agenda Changes)
B. Recommendation to approve an Escrow Agreement between, Florida
Power & Light Company ( "FPL "), the Collier County Clerk of Court, the
Board of County Commissioners and Fifth Third Bank for Phase One of the
Vanderbilt Beach Municipal Service Taxing Unit Utility Conversion Project
and to acknowledge that FPL can construct the project without the need for
competitive bidding, as an allowable exception under Section 255.20(1)(c).
Approved — 5/0
Wednesday, December 14, 2011
Added (Per Commissioner Hiller during Agenda Changes)
C. Discussion regarding North Naples Fire & Rescue providing service to areas
outside of their boundaries
Motion to send letter to North Naples Fire and Rescue —
Approved 4/0 (Commissioner Henning absent)
12. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 4:00 p.m. Recommendation to consider the
Sheriff's request to adopt a Resolution extending the one -year moratorium
on the establishment of new pain management clinics within Collier County
until December 20, 2012 while the County Attorney's Office and staff,
working with the Sheriff and other community partners, analyze the need
and bring back to the Board at a future advertised public meeting, an
Ordinance that restricts or regulates pain management clinics.
Resolution 2011 -226 Adopted — 510
13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
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December 13 -14, 2011
A. AIRPORT AUTHORITY
Wednesday, December 14, 2011
1) Recommendation to approve utilizing $202,800 from Immokalee
Development Fund 497 to purchase 3.38 Wetland Credits from
Southwest Florida Wetlands JV (d/b /a Panther Island Mitigation
Bank) required for the next phase of development at the Immokalee
Regional Airport, and associated Budget Amendments.
Approved — 4/1 (Commissioner Hiller opposed)
Wednesday, December 14, 2011
2) Recommendation to approve a Collier County Airport Authority
Standard Form Lease Agreement between the Collier County Airport
Authority and Salazar Machine & Steel, Inc. for a parcel improved
with a 20,000 square -foot building at Immokalee's Regional Airport.
Approved — 5/0
Wednesday, December 14, 2011
Moved from Item #16G2 w /revised language, heard prior to #13A1 (Per Agenda
Change Sheet)
3) Recommendation to approve and ratify Staff s
unauthorized approval of Change Order #1 for a time extension to
Q. Grady Minor and Associates, PA (Work Order #4500116917)
and make a finding of quantum meruit in order to process invoices
for Phase 2 permitting work at the Immokalee Regional Airport.
Motion to approve under Contract #09 -5262 — Approved 510
Wednesday, December 14, 2011
Moved from Item #16G3 w /revised language, heard prior to #13A1 (Per Agenda
Change Sheet)
4) Recommendation to approve and ratify Staff s
unauthorized approval of Change Order #2 to Passarella and
Associates, Inc. (Work Order #4500116918) for a time extension
and make a finding of quantum meruit in order to process invoices
for Phase II environmental permitting work at the Immokalee
Regional Airport. 5-
Motion to approve invoices for work performed on June 13,
August 15 and October 12, 2011 under Contract #10 -5571 and to
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December 13-14,2011
work with Clerk's Office regarding the invoice for work
performed on May 19, 2011— Approved 5/0
B. COMMUNITY REDEVELOPMENT AGENCY
Wednesday, December 14, 2011
1) Request authorization to advertise an ordinance for future
consideration which would amend Ordinance No. 2002 -38, as
amended, "Collier County Redevelopment Grant Program Ordinance"
by establishing a residential infrastructure grant program for the
Immokalee Community Redevelopment Area.
Motion to continue to the January 24, 2012 BCC Meeting
Approved — 5/0
Wednesday, December 14, 2011
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Commercial Building Improvement Grant
Agreement between the CRA and a grant applicant in the Bayshore
Gateway Triangle area. (2068 Davis Boulevard: $6,752.50)
Approved — 5/0
Wednesday, December 14, 2011
Moved from Item #16B2 (Per Agenda Change Sheet)
3) Recommendation to approve a Resolution certifying Statutory
dedication and acceptance of portions of South First Street through
South Ninth Street, South Sixth Court, Boston, Colorado, Delaware
and West Eustis Avenues, all located in Immokalee, Florida, also
being a part of Section 4, Township 47 South, Range 29 East, of the
Public Records of Collier County, Florida, by virtue of the County's
continuous and uninterrupted maintenance of the roadways in excess
of seven years and authorize the filing of a right -of -way map more
specifically shown in Resolution Exhibit "A ". (Fiscal Impact: $53.50)
CRA Resolution 2011 -238 Adopted - 4/0 (Commissioner Henning
absent)
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Debbie O'Dean — Comments regarding decision for Item #6A
B. Jeri Neuhaus — Comments regarding decision for Item #6A
C. Abbe Drossner - Comments regarding decision for Item #6A
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December 13 -14, 2011
D. Kathleen Bruns - Comments regarding decision for Item #6A
E. Matt Crowder - Comments regarding decision for Item #6A
F. John Rogers - Comments regarding decision for Item #6A
G. Peter Kocik - Comments regarding decision for Item #6A
H. Joseph Langkawel - Comments regarding decision for Item #6A
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Hiller — Would like an external investigation regarding
the process for firing of employees
B. Leo Ochs — Painting Vanderbilt Beach Bridge with FDOT funds
C. Commissioner Coletta- Happy Holidays
D. Commissioner Fiala — Would like to bring back "Resign to Run"
regarding Advisory Board members and the process; would like to
dedicate CR951 and US41 overpass dollars to the I- 75/Davis Blvd.
Overpass; spoke at Manatee Middle School; having ALS equipment
on all Fire Engines; Board review of the report from the County
Manager regarding the process of firing employees.
E. Commissioner Hiller — Spoke with Clarence Tears regarding Mitigation
Bank with SFWMD for Pepper Ranch; played a video from a previous
BCC Meeting with Chris Curry in it regarding the Immokalee Regional
Airport and land purchase
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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.
Approved and /or Adopted with changes — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Classic Plantation Estates
Phase Four with roadway and drainage improvements being privately
maintained and authorize release of the maintenance security.
Resolution 2011 -210
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December 13 -14, 2011
2) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of White Lake Corporate
Park Phase Two with roadway and drainage improvements being
privately maintained and authorize release of the maintenance
security.
Resolution 2011 -211
3) Recommendation to grant final approval of the roadway and drainage
improvements for the final plat of City Gate Commerce Center, Phase
Two, within Tract `A' of City Gate Commerce Center Phase One with
the roadway and drainage improvements being privately maintained
and authorize release of the maintenance security; and accept Plat
Dedications.
Resolution 2011 -212
Moved to Item #10P (Per Agenda Change Sheet)
4) Recommendation 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 Arthrex
Commerce Park, approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
5) 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 reinstate the Conditional Use for
the Bethesda Corkscrew Seventh Day Adventist Church, Resolution
Number 02 -161, which expired March 26, 2005 pursuant to Section
10.08.00.E.1 of the Collier County Land Development Code (LDC)
that provides a three year expiration date from the date the conditional
use was granted if the use has not commenced.
Resolution 2011 -213
6) This item is continued from the September 13, 2011 BCC Meeting
PMC- PL2011 -872: Heavenly PUD — Notification of staff's intent to
approve a minor amendment to Heavenly Planned Unit Development
in accordance with LDC Sections 10.02.13.E.6 and 8 to change
Page 18
December 13 -14, 2011
location and type of plantings and to revise buffer standards to reduce
the height of trees and plantings due to site conditions and conflicts
with FPL lines, and to allow payment in lieu of sidewalks instead of
construction of a sidewalk along Myrtle Road from North Trail
Boulevard to the project entrance. The property is located at 6926
Trail Boulevard, and comprises the entire block bounded by Ridge
Drive, West Street, Myrtle Road and Trail Boulevard in Section 3,
Township 49 South, Range 25 East of Collier County, Florida.
All changes will be approved in writing by the HOA's President
7) Recommendation to reject an offer to settle a $59,281.15 Code
Enforcement lien for a payment of $5,000.
Foreclosed upon property at 6090 Painted Leaf Lane brought into
compliance and now under the ownership of Wells Fargo Bank
8) Recommendation to award Bid #12 -5805 for "US 41 North
(Tamiami Trail) from Seagate Drive to Immokalee Road Landscape
Maintenance" to Commercial Land Maintenance. The annual
expenditures are estimated to be $98,345.65.
Includes monthly mowing, edging, weeding, trash removal, street
cleaning, fertilizer /herbicide application and other routine
services covering the 4.6 mile span
9) Recommendation to approve an Amended Easement that incorporates
additional terms into the Deed of Conservation to the South Florida
Water Management District (SFWMD) that was approved by the
Board on October 9, 2007 for the Freedom Park. (Project #51018)
A/K/A the Gordon River Water Quality Park and required by
Florida Communities Trust
10) Recommendation to approve an Amended Easement that incorporates
additional terms into the Deed of Conservation Easement to the South
Florida Water Management District (SFWMD) that was approved by
the Board on September 23, 2008 for the Lely Mitigation Park.
Required by Florida Communities Trust
11) Recommendation for Board approval of Agnoli, Barber & Brundage,
Inc. as the design professional for "Professional Design and Oversight
Services for Lely Area Stormwater Improvement Project: 1) County
Page 19
December 13 -14, 2011
Barn Road, 2) Wingsouth, and 3) Project Close Out" pursuant to RFP
#11 -5751, and authorize staff to enter into negotiations with Agnoli,
Barber & Brundage Inc., LASIP Project #51101.
For permit modifications, construction and to meet SFWNM and
ASACE permit compliance requirements
12) Recommendation to accept a State of Florida Department of
Transportation (FDOT) Roadway Lighting System Maintenance
Agreement for maintenance of FDOT owned Roadway Lighting
Systems to be maintained by the Traffic Operations Section of
the Transportation Engineering Department for the SR84Project
(Davis Boulevard) from Santa Barbara Boulevard to just west of
Radio Road. FDOT Financial Aid Project #195416- 4 -52 -01 and
authorize the Chairman to execute the agreement.
Resolution 2011 -214
13) 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
authorize the Clerk of Courts to release a security which was posted as
a development guaranty by Lely Development Corporation.
A 2002 Bond posted for Classic Plantation Estates, Phase 1
14) Recommendation to approve the release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs.
James K. Towne and Deborah B. Towne, Code Enforcement Special
Magistrate Case No. CEPM- 2008 - 0016337, relating to property
located at 4419 18th Avenue SW, Collier County, Florida.
A lien released for payment of $49,000 on foreclosed property
brought into compliance by new owner, Deutsche Bank National
Trust Company
15) Recommendation to approve the release of lien in the Code
Enforcement Action entitled Board of County Commissioners vs. Alba
R. Licci, CEB Case No. CESD- 2009 - 0007768, relating to property at
2395 39th Avenue N.E., Collier County, Florida.
Released for payment of $26,881.72 on foreclosed property
brought into compliance by and under the ownership of Suncoast
Schools Credit Union and waiving $122,000 in prior accrued fines
Page 20
December 13 -14, 2011
Moved to Item #100 (Per Agenda Change Sheet)
16) Recommendation to approve a release of lien in Code Enforcement
Action entitled Board of County Commissioners vs. Jack and Emma
Mae Barrs, CEB Case No. 2002 -008, relating to property at 2990
Sunset Boulevard, Collier County, Florida.
17) Recommendation to approve revisions to the Golden Gate City
Roadway Beautification Master Plan.
To recognize completed landscape projects and provide an update
of construction costs and MSTU Committee priorities
18) Recommendation to award Bid #11-5700 for "Devonshire Boulevard
Landscape & Irrigation Refurbishment Project" to Hannula
Landscaping & Irrigation, Inc., in an amount of $278,818.46; and
reject the bid from Ameri-Pride, Inc. Improvements will be funded
by residents of the Radio Road Beautification MSTU.
Moved to Item #10L (Per Agenda Change Sheet)
19) This item requires that ex carte disclosure be provided by
Commission members. Should a hearing be held on this item,
all participants are required to be sworn in. Recommendation
the Board of County Commissioners (Board) accept a process to
review past Staff Clarifications and Official Interpretations of the
Land Development and Building Codes and to accept specific Staff
Clarifications and Official Interpretations in this Executive Summary.
(Official Interpretations are quasi-judicial.)
20) Recommendation to approve a Resolution authorizing submittal of
Federal Transit Administration Section 5310 and 5311 FY 2012/13
grant applications and applicable documents in the amounts of
$544,872 and $569,600 to the Florida Department of Transportation
and execute the FDOT Certification and Assurance Exhibit.
Resolution 2011 -215A (FTA Section 5310 Grant)
Resolution 2011 -215B (FTA Section 5311 Grant)
Moved to Item #10N (Per Agenda Change Sheet)
21) Recommendation to approve issuance of a building permit prior to
approval of a Planned Unit Development Rezone and Site
Page 21
December 13 -14, 2011
Development Plan Amendment for a twenty -five thousand square -foot
classroom and office addition to existing Community School of
Naples, not to exceed the same existing upper school building height
of thirty-two feet.
22) Recommendation to approve and execute Amendment No. 3 to
Agreement #BDM59 (Medicaid Non - Emergency Transportation
Services) between Collier County and the Commission for the
Transportation Disadvantaged to increase State FY 11/12 Medicaid
funds in the amount $64,591, a Resolution in support of and authorize
a budget amendment for the amount.
Resolution 2011 -216
23) Recommendation to accept the offer to settle seven (7) foreclosure
cases for payment of principal (waiving accrued interest) on Impact
Fee Deferral Liens at the Botanical Place Condominium.
As detailed in the Executive Summary
Moved to Item #10M (Per Agenda Change Sheet)
24) Recommendation to direct the County Manager, or his designee, to
suspend collection of Affordable Housing Contributions, pending the
Board's decision on a Land Development Code (LDC) Amendment to
remove Affordable Housing Contribution commitments.
25) Recommendation to adopt an established policy of Florida
Department of Transportation to allow placement of internationally
recognized and accepted markers along County Roadways to
memorialize people who have died in vehicle related crashes.
Continued to the January 24, 2012 BCC Meeting (Per Agenda Change Sheet)
26) Recommendation to approve the third amendment to the cooperative
agreement with the South Florida Water Management District,
Agreement No. C- 11759, regarding operation and maintenance of
designated primary watercourses in Collier County, modifying the
agreement terms and extending the term until September 30, 2024.
27) Recommendation to reject Bid #12 -5801 for construction of the
Collier Area Transit Intermodal Transfer Station.
Page 22
December 13-14,2011
To clarify project discrepancies the bid package will be updated
and re- solicited
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board recognize via budget amendment
grant revenue in the amount of $2,709,150 for the Bayshore Gateway
Triangle Community Redevelopment Agency (CRA) to execute
CDBG Grant Award # l ODB-D4-09-2 1 -01 -K09 in FF 12 for the
Tertiary Stormwater System Improvement Project in the Gateway
Triangle Residential Area.
Moved to Item #13B3 (Per Agenda Change Sheet)
2) Recommendation to approve a Resolution certifying Statutory
dedication and acceptance of portions of South First Street through
South Ninth Street, South Sixth Court, Boston, Colorado, Delaware
and West Eustis Avenues, all located in Immokalee, Florida, also
being a part of Section 4, Township 47 South, Range 29 East, of the
Public Records of Collier County, Florida, by virtue of the County's
continuous and uninterrupted maintenance of the roadways in excess
of seven years and authorize the filing of a right -of -way map more
specifically shown in Resolution Exhibit "A ". (Fiscal Impact: $53.50)
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a Utility Easement from Collier County
to Collier County's Water -Sewer District for Irrigation Quality (IQ)
Water pipeline and associated infrastructure including electrical panel,
meter assembly, electrical conduit and for access on, over and across a
portion of Government Center property located off Palm Drive and
Harrison Road in Naples, FL, estimated cost not to exceed $20.00,
Project #70062.
2) Recommendation to approve conveyance of a Utility Easement to
the Collier County Water -Sewer District for construction and
maintenance of water and wastewater utilities at the North Collier
Recycling Drop -off Center, and approve a Corrective Easement to
FP &L, at a cost not to exceed $166.00.
Page 23
December 13 -14, 2011
3) Recommendation to reject Bid #11 -5717, "Sewage Hauling" from
Southern Sanitation and authorize staff to issue a modified ITB.
4) Recommendation to approve execution of a Utility Facilities Warranty
Deed and Bill of Sale to convey the water utilities infrastructure at the
Collier County Landfill to the Collier County Water -Sewer District, at
a cost not to exceed $61.00.
5) Recommendation to approve a Settlement Agreement between the
Florida Department of Environmental Protection and the Board of
County Commissioners to receive a $61,693.96 payment under a
contract for the disposal of reclaimed waste from the Isles of Capri
Park Project.
A Project on McIlvane Bay — at Collier & Capri Boulevards
6) Recommendation to approve the Satisfaction of Lien for the 1995
Solid Waste Collection and Disposal Services Special Assessments
where the County has received payment in full for satisfaction of the
lien. (Fiscal Impact: $20.00 to record the Satisfaction of Lien)
Resolution 2011 -217
7) Recommendation to approve, execute and record Satisfactions of
Notice of Claim of Lien for Sanitary Sewer System Impact Fees.
(Fiscal impact: $67.00 to record the Satisfactions of Lien)
8) Recommendation to approve the Satisfaction of a Notice of Promise
to Pay and agreement to extend payment of water and/or sewer system
impact fees. (Fiscal impact: $18.50 to record the Satisfaction of Lien)
9) Recommendation to adopt a Resolution requesting an Access
Easement and Temporary Construction Easement from the Florida
Department of Transportation (FDOT) for the valid public purpose of
providing access, facilitating upgrades and for the rehabilitation of
Wastewater Master Pumping Station 312 (MPS 312), to accept the
easements from FDOT, and approve an Access Easement from Collier
County to FDOT to provide access to the FDOT -owned Stormwater
Retention Pond lying contiguous to MPS 312, for a total cost not to
exceed $150.00, Project Number 72549.
Resolution 2011 - 218 /CWS 2011 -02
Page 24
December 13 -14, 2011
10) Recommendation to approve acquisition of a Temporary Construction
Easement, for improvements to existing drainage, and a Utility
Easement for installation of a new water line for fire protection, for
and as part of the rehabilitation of Master Pumping Station 312, for a
total cost not to exceed $3,646.00, Project Number 72549.
11) Recommendation to approve a Utility Easement from Collier County
to the Collier County Water -Sewer District for Reclaimed Water
pipeline and associated infrastructure including electrical panel, meter
assembly, electrical conduit, telemetry tower and for access on, over
and across a portion of Vineyards Park property located off Vanderbilt
Beach Road along Vineyards Boulevard in Naples, Florida at an
estimated cost not to exceed $40.00, Project Number 70062.
12) Recommendation to direct the County Manager or his designee to
amend Ordinance No. 2003 -18, the Collier County Industrial
Pretreatment Ordinance, to conform with the US Environmental
Protection Agency Model Pretreatment Ordinance as required by
Florida Department of Environmental Protection.
Withdrawn (Per Agenda Change Sheet)
13) Recommendation to approve an Agreement with Adam J. Piskadlo
and Barbara K. Piskadlo for the purchase of property for relocation
of Sub - Master Pumping Station 300.06 at a cost not to exceed
$78,000, Project Number 70046.
14) Recommendation to ratify a Letter Agreement with Golf Club of the
Everglades to defer payment of water and wastewater impact fees
pending the Board of County Commissioner's review and decision on
the proposed ordinance amendment to update areas exempt from
payment of water and wastewater impact fees scheduled to go to the
Board for direction to advertise on December 13, 2011.
15) Recommendation to waive competition and authorize use of non-
standard sole- source vendor, Heyward, Inc., and approve a test
application of Weatherford Sulfa - Clear, in the not to exceed amount
of $80,210, for South County Regional Water Treatment Plant Odor
Control Blow -down Disposal Project Number 70020.
Page 25
December 13 -14, 2011
16) Recommendation to approve and execute a Notice of Promise to Pay
and Agreement to Extend Payment of Wastewater System Impact and
associated fees with Kampgrounds of America, Inc., for a payment
plan amount of $155,772.49.
D. PUBLIC SERVICES DIVISION
1) To approve and authorize the Chairman to sign amendments to
agreements between Collier County and Subrecipients for operation of
the Criminal Justice, Mental Health and Substance Abuse Grant
Program to change the term and expiration date to February 23, 2014
to coincide with the expiration date of the funding agreement between
Collier County and FL Department of Children & Families. (DCF)
2) Recommendation to approve Collier County's Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME) and Emergency Shelter Grant (ESG) Consolidated Annual
Performance and Evaluation Report (CAPER) for Fiscal Year 2010-
2011 as required by the U.S. Department of Housing and Urban
Development (HUD), approve the CAPER Resolution, authorize the
Chairman to certify the CAPER for submission to HUD and to sign
the resolution.
Resolution 2011 -219
3) Recommendation to approve and authorize the Chairman to sign one
(1) satisfaction of mortgage for an owner- occupied affordable housing
unit in which repayment in full has been provided to Collier County.
4) Recommendation to approve and authorize the Chairman to sign two
(2) releases of lien for deferral of Collier County impact fees for
owner occupied affordable housing dwelling units that have been
repaid and authorize refund of overpayment in the amount of $23.52
to Tropical Title Insurance Agency, Inc.
5) Recommendation to approve and authorize the Chairman to sign two
(2) 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 transfers previously approved
Page 26
December 13 -14, 2011
deferral agreements from Habitat for Humanity of Collier County to
owner occupants with a continuing fiscal impact of $28,572.93.
6) Recommendation to approve and authorize the Chairman to sign a
release of lien for the Disaster Recovery Initiative Single Family
Rehabilitation Program for an applicant determined to be ineligible
but for which no funds were disbursed.
7) Recommendation to approve and authorize the Chairman to sign
Memorandums of Understanding with the Southwest Florida
Workforce Development Board, Inc. for delivery of the Century
Community Learning Centers programs "Miracle Plus 1 and Miracle
Plus 2 Program ".
8) Recommendation to approve and authorize the Chairman to sign one
(1) Subrecipient Agreement for the Community Development Block
Grant (CDBG) with City of Naples, previously approved for
Department of Housing & Urban Development (HUD) funding in the
2011 -12 Action Plan, approved July 26, 2011. (Agenda Item #I OH)
9) Recommendation to authorize the Chairman to sign two (2)
Subrecipient Agreements for Department of Housing and Urban
Development (HUD) funded Continuum of Care Grant (CoQ projects
that were presented to and approved by the Board April 12, 2011.
10) Recommendation to award Bid #1 1-5778R to Cheney Brothers Inc.,
to provide concession food re -sale and food - related paper products at
North Collier Regional Park at the estimated FY 11 -12 cost $100,000.
11) Recommendation to approve and authorize the Chairman to sign a
contract amendment between the Collier County Board of County
Commissioners and the Area Agency on Aging of Southwest Florida,
Inc., d/b /a Senior Choices of Southwest Florida and approve a budget
summary revision that reflects a level transfer of grant funding in the
amount of $5,172 between budget categories for the FYI 1/12 Home
Care for the Elderly (HCE) Program.
Continued Indefinitely (Per Agenda Change Sheet)
Page 27
December 13-14,2011
12) Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities
Required by S.H.I.P" and reports for fiscal years 2006/07, 2007/08,
and 2008 /09 and authorize submission to Florida Housing Finance
Corporation to ensure compliance with program requirements
13) Recommendation to approve an amendment to the Homelessness
Prevention and Rapid Re- Housing Program (HPRP) Administrative
Plan allowing participating agencies to provide short term assistance
to individuals and families who are homeless or at risk of being
homeless up to a maximum of $2,500.00.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award contracts under RFP #11 -5735, "On Call
IT Project Management," to Executive Alliance Group, Inc., EMA,
Inc., RNR Consulting, and Golden Technologies, funded by
appropriated operating funds from county departments to provide
information technology (IT) skills and services as needed.
2) Recommendation to award contracts under RFP #11-5606,
"Telecommunications Voice and Data Services" to CenturyLink and
US Metropolitan Telecom, LLC., at the annual estimated cost of
$161,580, to provide voice and data communications services.
3) Recommendation to award a contract for RFP #11 -5689 Property and
Casualty Brokerage and Insurance Services to Insurance and Risk
Management Services Inc. (IRMS) in the estimated annual amount of
$125,000 per year, a $63,375.00 reduction.
4) Recommendation to approve the Collier County Employee Benefit
Plan Document and Resolution, effective January 1, 2012 to be used
to administer Group Health Insurance and Flexible Spending
Reimbursement Account Programs.
Resolution 2011 -220
5) Recommendation to approve the purchase of Group Health
Reinsurance coverage for Calendar Year 2012 in the amount of
$638,387, a reduction of 7.7 %.
Page 28
December 13-14,2011
6) This item was continued from the November 8, 2011 BCC Meeting,
Recommendation to approve and authorize the Chairman to execute
Amendment #3 to Collier County's contract with Meritain, Inc. for
Group Health Third Party Administration Run -out Services in the
estimated amount of $88,425.00.
7) Recommendation to approve and authorize the Chairman to sign
an Assumption Agreement from Genuine Parts Company d/b /a
NAPA Auto Parts to NAPA Auto Parts d/b /a Sunbelt Automotive,
Inc., for parts and filters for fleet vehicles and equipment.
8) Recommendation to approve and execute a First Amendment to the
Lease Agreement with Goodwill Industries of Southwest Florida, Inc.,
for continued use of the Robert's Center in Immokalee for the
Housing, Human and Veterans Service's Senior Nutrition Program
at an annual rent cost of $13,498.37. Funds for this rent will be paid
from the Older American's Act grant funding.
9) Recommendation to approve waiver of competition based on a sole -
source vendor and award a contract with eCivis, Inc., for a multi -year
subscription to eCivis Grants Network in an annual amount not to
exceed $37,1 68.75.
10) Recommendation to accept the FY 2011 Grant Report providing an
annual update of grant funding activity.
As detailed in the Executive Summary
11) Recommendation to approve and authorize the Chairman to sign an
Assumption Agreement from Parts Depot, Inc. to Uni- Select USA,
Inc. d/b /a Auto -Plus for parts and filters for fleet vehicles and
equipment.
12) Recommendation to accept Modification No. 7 to U.S. Fish and
Wildlife Service ( USFWS) Cooperative Agreement No. 401815J021,
which revises the USFWS Project Officer on the agreement.
Page 29
December 13-14,2011
13) Recommendation to approve payment of invoice to Bonness, Inc.,
dated September 9, 2011, in the amount of $2,400 for safety
improvements to a crossing at Shadowlawn Elementary School.
14) Recommendation to approve and authorize the Chairman to sign an
Assumption Agreement from Kilpatrick Turf Equipment, Inc. to
Horizon Distributors, Inc. for sublet /parts for Collier County.
Moved to Item #10Q (Per Commissioner Henning during Agenda Changes)
15) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
F. COUNTY MANAGER OPERATIONS
1) This item continued from the November 8, 2011 BCC Meeting
Recommendation to waive formal competition and approve Change
Order #4, statements of work with Method Factory, Inc., under
Contract #11-5616 for Enhancements and Maintenance Services to
GovMax budgeting software, for a cost of $80,750.00.
2) Recommendation to approve invoice and the final reimbursement
payment to the State of Florida in the amount of $108,684.42,
representing dollars not expended from the Hurricane Charley total
funding received of $1,882,777.68 and approve the necessary budget
amendment.
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2011 -12 Adopted Budget.
Resolution 2011 -221
4) Recommendation to approve award of Bid #11-5754 to Phase V
of Southwest Florida, Inc. for Tourism Fulfillment Services and
authorize the Chairman to sign Agreement #11-5754 to include a
revised termination notification period of sixty (60) days following
County Attorney Office approval.
5) Recommendation to approve the award of RFP #11 -5725 to Lou
Hammond and Associates, Inc. for Tourism Public Relations Services
Page 30
December 13-14,2011
and authorize the Chairman to sign Agreement #11 -5725 in an amount
of $152,000 annually to include a revised termination notification
period of sixty (60) days following County Attorney Office approval.
6) Recommendation to approve a Memorandum of Understanding
between Collier County and First United Methodist Church of
Immokalee in support of Emergency Management activities related to
natural and man -made hazards emergency response.
7) Recommendation to authorize the County Manager or his designee to
advertise an ordinance for future consideration that amends Ordinance
No. 2004 -12, as amended, for the purpose of revising the Class 2
Certificate of Public Convenience and Necessity for post- hospital
inter - facility transport services.
8) Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No. 92 -60, as
amended, the Collier County Tourist Development Tax Ordinance, to
re- allocate until payment has been made to Marco Island Historical
Society, Inc. $100,000, from TDC Category "C -2" Non County -
Owned Museums Fund 193 to Category C -1 County -Owned
Museums Fund 198 to reimburse the Marco Island Historical Society,
Inc. for their FYI 0 Grant.
G. AIRPORT AUTHORITY
1) Authorized Budget Amendments in the amount of $16,500 for repairs
to the fuel farm at Everglades Airpark required by the Florida
Department of Environmental Protection.
Moved to Item #13A3 with revised language (Per Agenda Change Sheet)
2) Recommendation to approve and ratify Staff s authorization of
Change Order #I for a time extension to Q. Grady Minor and
Associates, PA Work Order #4500116917 to process invoices for
Phase 2 permitting work at the Immokalee Regional Airport.
Moved to Item #13A4 with revised language (Per Agenda Change Sheet)
3) Recommendation to approve and ratify Staff s authorization of
Change Order #2 to Passarella and Associates, Inc. Work Order
Page 31
December 13-14,2011
#4500116918 for a time extension to process invoices for Phase II
environmental permitting work at the Immokalee Regional Airport.
4) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approves and
authorizes its Chairman to sign a First Amendment to the T- Hangar
Lease Agreement with Exec. Air, Inc. of Naples, High Soaring Inc.,
and Aircraft Maintenance of Southwest Florida.
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the Ave Maria School of Law Annual Fall Gala on
November 19, 2011 at the Ritz- Carlton, Naples, Florida; $130 to be
paid from Commissioner Hiller's travel budget.
2) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She will attend the 7th Annual Gala and Auction for the Foundation
for the Developmentally Disabled on February 11, 2012 at Hodges
University, Naples, FL.; $50 to be paid from Commissioner Hiller's
travel budget.
3) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended Wake Up Naples sponsored by the Chamber on
October 10, 2011 at the Naples Hilton, Naples, FL; $20 to be paid
from Commissioner Hiller's travel budget.
4) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the Southwest Florida Hispanic Chamber of Commerce
Networking Luncheon on November 9, 2011 at Senor Tequila's,
26801 South Tamiami Trail, Bonita Springs, FL; $16 to be paid from
Commissioner Henning's travel budget.
5) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Page 32
December 13 -14, 2011
He attended the Collier County President's Council Holiday
Reception on December 9, 2011 at the Greater Naples Chamber of
Commerce. 2390 Tamiami Trail North, Naples, FL; $12 to be paid
from Commissioner Henning's travel budget.
6) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the 2012 CBIA Installation Dinner on December 8, 2011
at Olde Cypress, 7165 Treeline Dr., Naples, FL; $30 to be paid from
Commissioner Henning's travel budget.
7) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the Big Cypress Basin Holiday Lunch on December 9,
2011 at the Big Cypress Basin Training Center, Naples, FL; $10 to
be paid from Commissioner Henning's travel budget.
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the 29th Annual NAACP Freedom Fund Banquet on
October 29, 2011 at the Naples Hilton Hotel in Naples, FL;. $75 to be
paid from Commissioner Fiala's travel budget.
9) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the United Arts Council's Patriotic Salute to the Arts
on November 12, 2011 at the von Liebig Art Center in Naples, FL;
$38 to be paid from Commissioner Fiala's travel budget.
10) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the Marco Island Area Association of Realtor's 36th
Annual Installation Banquet on December 9, 2011 at the Hideaway
Beach Club in Marco Island, FL; $35 to be paid from Commissioner
Fiala's travel budget.
11) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Page 33
December 13 -14, 2011
She attended the Naples Kiwanis Luncheon on November 22, 2011;
$17 to be paid from Commissioner Fiala's travel budget.
12) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the United Arts Council's Holiday Party on December 3,
2011; $28 to be paid from Commissioner Fiala's travel budget.
13) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the 2011 Citizens of the Year Banquet on November 10,
2011 at the Vanderbilt Country Club, Naples, FL; $35 to be paid from
Commissioner Coletta's travel budget.
14) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the Helen Bell Panel Discussion and Luncheon at
The Ritz- Carlton Golf Resort, Naples, FL on November 9, 2011;
$125 to be paid from Commissioner Coletta's travel budget.
15) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
He attended the 2011 Distinguished Public Service Awards Ceremony
at the Naples Hilton on October 12, 2011; $20 to be paid from
Commissioner Coletta's travel budget.
16) Commissioner's request for Board approval to attend a function
serving a Valid Public Purpose, the Florida Association of Counties
Legislative Conference.
Held November 16-18,2011
17) Commissioner's request for Board approval to attend a function
serving a Valid Public Purpose, the Florida Association of Counties
Legislative Day in Tallahassee.
Held January 31, 2011- February 2, 2012
I. MISCELLANEOUS CORRESPONDENCE
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December 13-14,2011
1) Miscellaneous Correspondence to File for Record with Action as
Directed.
2) Advisory Board Minutes and Agendas to File for Record with Action
as Directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve and authorize the Chairman to sign an
agreement authorizing the Collier County Sheriff's Office to have
Traffic Control Jurisdiction over Private Roads within the Ibis Cove
Subdivision.
2) To obtain Board approval for disbursements for the period of
October 29, 2011 through November 4, 2011 and for submission
into the official records for the Board.
3) To obtain Board approval for disbursements for the period of
November 5, 2011 through November 11, 2011 and for submission
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
November 12, 2011 through November 18, 2011 and for submission
into the official records of the Board.
5) To obtain Board approval for disbursements for the period of
November 19, 2011 through November 25, 2011 and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Resolution to correct a scrivener's error resulting from a typographical
error in Resolution Number 2011 -177 (Development Order 2011 -04),
for the Tuscany Reserve Development of Regional Impact.
Resolution 2011 -222
2) Approve an Agreed Order Awarding Expert Fees and Attorney Fees
and Costs in connection with Parcel 27T in the lawsuit styled Board
of County Commissioners v. Collier HMA, Inc., et al., Case No. 06-
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December 13 -14, 2011
0013 -CA, CR -951 Water Transmission Mains Project #70152. (Fiscal
Impact: $92,701)
3) Authorize the making of an Offer of Judgment to Respondent,
Katheryn Moreno, for Parcel No. 140RDUE in the amount of
$7,000 in the lawsuit styled Collier County v. Katheryn Moreno,
et al., Case No. 10- 2741 -CA. (Collier Boulevard Project No. 68056)
(Fiscal Impact $1,200)
4) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Naples Estates Limited Partnership, for Parcel 101 in the
amount of $368,000 in the Lawsuit Styled Collier County v. Naples
Estates Limited Partnership, et al., Case No. 06- 1213 -CA, County
Barn Road Project #60101. (Fiscal Impact: $35,600 if accepted)
5) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of $301,000 for Parcels 110FEE and 110TCE in the lawsuit styled
Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA,
Collier Boulevard Project #60092. (Fiscal Impact: $253,023)
6) Recommendation to approve a Stipulated Final Judgment in the
amount of $35,650 for Parcels 111 FEE and I I ITCE in the lawsuit
styled Collier County v. A L Subs, Inc., et al., Case No. 09- 3691 -CA,
Collier Boulevard Project #60092. (Fiscal Impact: $0 at this time).
7) Recommendation to approve a Mediated Settlement Agreement
in the sum of $65,000 and direct the County Attorney to file all
documents necessary to end with prejudice the lawsuit styled Adonis
Martinez v. Collier County Board of County Commissioners, Case
No. 2: 1 0-cv-599-JES-DNF, now pending in the United States
District Court, Middle District of Florida, Fort Myers Division.
(Fiscal Impact: $65,000)
8) Recommendation to authorize the County Attorney to file a lawsuit
on behalf of the Collier County Board of County Commissioners,
against Reginald Devose, in the County Court of the Twentieth
Judicial Circuit in and for Collier County, Florida, to recover
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December 13-14,2011
damages incurred by the County for repair and/or replacement to
a traffic sign and a light pole damaged by Reginald Devose in the
amount of $3,038.40, plus costs of litigation.
9) Approve a request by the Collier County Tax Collector, pursuant to
Section 197.323, F.S., to extend the Tax Roll before the completion
of Value Adjustment Board Hearings for the 2011 Tax Year.
10) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Jeffrey Lillard, in the County Court of the Twentieth Judicial Circuit
in and for Collier County, Florida, to recover damages incurred by the
County for repair and/or replacement to a light pole damaged by
Jeffrey Lillard, in the amount of $2,489.75 plus costs of litigation.
17. SUMMARY AGENDA -THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI -
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Moved to Item #8C (Per Agenda Change Sheet)
A. Recommendation to approve a resolution allowing the Collier County
Water -Sewer District to expand the water and wastewater service district
boundaries to include portions of the development known as Hacienda
Lakes, and surrounding areas, that are currently outside the existing
boundaries.
B. This item is requires that ex parte disclosure be provided by the
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to approve
Petition VAC- PL2011 -1021, to disclaim, renounce and vacate the County
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December 13 -14, 2011
and the Public interest in all or part of the 10, 15 and 30 -foot wide Roadway
Easements as originally recorded in the Public Records of Collier County,
Florida, located in Sections 13, 14, 23 and 24, Township 50 South, Range
26 East, Collier County Florida being more specifically shown in Exhibits
"A -1 through A -12 ".
Resolution 2011 -223
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. CU- PL2011 -0855, NABOR Building, a
Resolution of the Board of Zoning Appeals of Collier County, Florida
providing for the establishment of a conditional use to allow a religious
facility and/or civic, social and fraternal organization within a C -1 zoning
district pursuant to Subsections 2.03.03.A. 1.c.4 and 2.03.03.A. 1.c.5 of the
Collier County Land Development Code for property located north of
Pine Ridge Road and east of Goodlette Frank Road in Section 10,
Township 49 South, Range 25 East, Collier County, Florida.
[Coordinator: Nancy Gundlach, AICP, RLA, Principal Planner]
Resolution 2011 -224
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to
the Fiscal Year 2011 -12 Adopted Budget.
Resolution 2011 -225
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
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