Recap 03/22/2011 R
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
March 22, 2011
NOTE TIME CHANGE - 8:30 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
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March 22, 2011
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. Pastor Tom Stamatinos - Naples Alliance 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 - 5/0
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March 22, 2011
B. February 22,2011 - BCC/Regular Meeting
Approved as presented - 5/0
C. March 3,2011 - BCC/EMS Blue Ribbon Committee Workshop
Approved as presented - 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS
5. PRESENTATIONS
6. PUBLIC PETITIONS
A. Public petition request from Rocco A. Migliazzo requesting a return of the
original zoning and agriculture value for his property located at 1815 Dove
Tree Street.
Discussed
Item 7 and 8 to be heard no sooner than 1:00 om unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item to be heard at 10:00 a.m. Recommendation to approve the 2010
Cycle of Growth Management Plan Amendments, including one 2008 Cycle
Petition, for transmittal to the Florida Department of Community Affairs
(DCA) for review and objections, recommendations and comments (ORC)
response. (Transmittal Hearing)
Resolution 2011-58 - Adopted w/CCPC participation prior to
Ordinance adoption - 4/1 (Commissioner Fiala opposed); Motion to
table remaining petitions until after hearing #10C - Approved 5/0;
Resolution 2011-59 - Adopted 5/0
Resolution 2011-60 Adopted w/staff's recommendations - 5/0
Resolution 2011-61 Adopted w/Alternative #2 - 5/0
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March 22, 2011
9. BOARD OF COUNTY COMMISSIONERS
A. Request for reconsideration of Item # I OD from the March 8, 20 II BCC
Meeting regarding RFP #10-5450-Asphalt Roadway, Concrete, Curb,
Sidewalk and Driveway Installations. (Commissioner Henning)
Motion to reconsider - Approved 5/0
B. This item to be heard at 11 :00 a.ill. Board consideration of a change to the
Tourist Development Council Ordinance that will allow for the Council to
direct Tourist Development staff, Coastal Zone Management staff and
County Museum's staff independent of the County Manager with regard to
matters within the Tourist Development Council's purview. (Commissioner
Hiller)
Discussed; w/County Attorney verifying on record that in his opinion
there have been no violations regarding the County Manager Ordinance
C. This item to be heard at 11 :30 a.m. Discussion to update the Board of
County Commissioners on the status of the complaint filed by Collier
County Government against the Paramedic Training School with a motion to
close the County's investigation of this matter. (Commissioner Hiller)
Motion for BCC and County Manager to retract statements claiming
the school was engaged in violating the law and issue a public apology
Failed - 2/3 (Commissioner Fiala, Commissioner Coletta and
Commissioner Coyle opposed); further discussion was had
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 9:00 a.m. Report to the Board of County
Commissioners pursuant to the reconsideration of the award of Contract
#10-5541 to Paradise Advertising and Marketing, Inc., for Tourism
Marketing Services. This item is a companion to Item #10B. (Jack Wert,
Tourism Director)
Motion to accept report - Approved 4/1 (Commissioner Hiller opposed)
B. This item continued from the February 8~ 2011 and the Februarv 22~
2011 BCC Meetin2. Recommendation to approve the award ofRFP #10-
5541 to Paradise Advertising and Marketing, Inc. for Tourism Marketing
Services and authorize the Chairman to sign the standard contract in the
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March 22, 2011
amount of $2,350,000 following County Attorney Office approval. This
item is a companion to Item #10A and will be heard immediately following
Item #IOA. (Jack Wert, Tourism Director)
Motion to approve contract w/modification #23 - Approved 4/1
(Commissioner Hiller opposed)
C. Recommendation to approve the purchase of property insurance effective
April I, 2011 in the amount of$3,105,825, a reduction of$313,123, and
authorize the County Manager or designee to execute any applications or
other documents necessary to bind coverage and services. (Jeff Walker,
Risk Management Director)
Approved - 5/0
D. Recommendation to adopt a resolution authorizing the condemnation of
those perpetual and temporary easement interests necessary for the
construction of stormwater improvements for the Outfall 3 and 4 segments
of the Lely Area Stormwater Improvement Project. (Project No. 51101)
Estimated fiscal impact: $1,556,500. (Norman Feder, Growth Management
Administrator)
Resolution 2011-62 - Adopted 5/0
E. Recommendation to adopt a resolution seeking authority to acquire by gift or
purchase those perpetual and temporary easement interests necessary for the
construction of stormwater improvements for the US-4l Ditch segment of
the Lely Area Stormwater Improvement Project. (Project No. 51101)
Estimated fiscal impact: $1,927,569. (Norman Feder, Growth Management
Administrator)
Resolution 2011-63 - Adopted 5/0
Moved from Item #16D5 (During Agenda Changes per Commissioner Henning)
F. Recommendation to approve grant related expenditures in excess of$50,000
for three (3) properties acquired under the Neighborhood Stabilization
Program to fund rehabilitation activities. Funding will ensure compliance
with Collier County building code regulations and further the goals and
objectives of the Housing Element of the Growth Management Plan.
(estimated fiscal impact: $172,500)
Approved w/using the most cost effective rehabilitation - 4/1
(Commissioner Hiller opposed)
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March 22, 2011
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to approve a Second Amendment to License
Agreement between the Collier County Airport Authority and
Immokalee Regional Raceway.
Approved - 5/0
2) Recommendation to approve a Long-Term Ground Lease and Sub-
Lease Agreement between the Collier County Airport Authority and
Turbo Services Inc., to permit use of property at the Immokalee
Regional Airport as a jet engine testing facility.
Approved w/modification - 5/0
14. PUBLIC COMMENTS ON GENERAL TOPICS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Nick Casalanguida - Update on MPO Work Sessions
B. Commissioner Hiller - Clarification regarding internal vs. external
audits; Supreme and Appellate Courts recent opinions regarding the
auditing powers of the Clerk of Courts
C. Commissioner Fiala - Recent MPO Meeting w/Lee County with
discussion regarding the counties interconnection
D. Commissioner Henning - Status report on the failing Clam Pass Bridge
E. Commissioner Henning - Requesting the Supreme & Appellate Courts
recent opinions regarding auditing powers of the Clerk of Courts be
placed on the next BCC Agenda and also discussion regarding
"Robert's Rules of Order"
F. Motion to Adjourn - Approved 4/0 (Commissioner Coletta absent)
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March 22, 2011
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Majorca at Fiddler's Creek
with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security.
Resolution 2011-53
2) Recommendation to approve the Release and Satisfaction of Lien in
the Code Enforcement Action entitled Board of County
Commissioners vs. MFC Investments (formerly Angel and Lissette
Riquelme), Code Enforcement Board Case No. 2006110568 (a.k.a.
2007-34), relating to property located at 2095 47th Avenue NE,
Collier County, Florida.
A settlement offer of $607.80 ($357.80 for operational costs, plus
$250.00 in fines) waiving $97,550.00 in fines
3) Recommendation to approve the Release of Liens and Satisfaction of
four Liens and one Order in the Code Enforcement Actions entitled
Board of County Commissioners vs. Marion Smith and James A.
Seals, relating to property located at 5408 Carlton Street, Collier
County, Florida.
Folio #62100120006
4) Recommendation for the Board of County Commissioners to endorse
staff recommendation to the Florida Department of Environmental
Protection to amend the Naples Drainage Basin Boundary.
Allowing FDEP to apply water quality decisions to areas affected
by different drainage basins
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March 22, 2011
5) Recommendation to approve a PUD amendment zoning fee reduction
request for the Sabal Bay PUD petition and direct the County
Manager or his designee to apply this fee reduction policy consistently
with other similar applications.
Placing 1,302 acres into Conservation Easement to the SFWMD,
reducing the overall fee
6) This item reQuires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. This is a recommendation
to approve for recording the final plat of Quarry Phase 3A, approval
of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
7) This item reQuires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. This is a recommendation
to approve for recording the final plat of Verona walk Phase 4D,
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /stipulations
8) Recommendation to accept the second annual report on the "Impact
Fee Program for Existing Commercial Redevelopment" and approve a
resolution extending the program for one year, to sunset March 24,
2012, unless otherwise extended.
Resolution 2011-54
9) Recommendation to approve the request by the Economic
Development Council of Collier County to allow Turbo Services, Inc.
to participate in the Fast Track Regulatory Process Program for the
proposed construction of a test facility at the Immokalee Regional
Airport.
Company's goal is to expand to include the testing of 3rd party
engines which would expand employment
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March 22, 2011
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommend the Collier County Community Redevelopment Agency
review and approve the Bayshore Gateway Triangle and Immokalee
CRA's 2010 Annual Reports, forward the reports to the Board of
County Commissioners and Clerk of Courts and publish public notice
of the filing.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a Right-of-Way Consent Agreement and
Memorandum of Right-of-Way Consent Agreement with Florida
Power & Light Co. consenting to a Utility Easement and for access
on, over and across a portion of property adj acent to the Roost Road
Right-of- Way.
For Parcel #209A, Section 11, Township 51, Range 26
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and execute documents necessary for the
conveyance of easements for electric, telephone, cable and related
services located at MarGood Harbor Park, 321 Pear Tree Avenue,
Goodland, Florida, at a cost not to exceed $85.
For two corrective easements previously granted to LCEC and
conveyance of easements to Century Link and Comcast for
services in order to proceed with construction
2) Recommendation to reject responses to Bid No. 11-5613 Immokalee
South Park" New Community Center" Project.
In order to scale back and modify the scope of work
Continued to the April 12, 2011 BCC Meeting (Per Agenda Change Sheet)
3) Recommendation to approve and authorize the Chairman to sign
Agreements with the David Lawrence Center, National Alliance on
Mental Illness of Collier County, Inc., and the Collier County
Sheriffs Office to operate the Criminal Justice, Mental Health and
Substance Abuse Reinvestment Grant and associated budget
amendments. Funding has been provided through Memorandum of
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March 22, 2011
Understanding #LHZ25 from the Florida Department of Children and
Families.
4) Recommendation to approve grant related expenditures in excess of
$50,000 for real property acquired under the Neighborhood
Stabilization Program to fund rehabilitation activities. Funding will
ensure compliance with Collier County building code regulations and
further the goals and objectives of the Housing Element of the Growth
Management Plan. (estimated fiscal impact: $53,548.26)
Located at 3120 Wilson Blvd., Naples
Moved to Item #10F (During Agenda Changes per Commissioner Henning)
5) Recommendation to approve grant related expenditures in excess of
$50,000 for three (3) properties acquired under the Neighborhood
Stabilization Program to fund rehabilitation activities. Funding will
ensure compliance with Collier County building code regulations and
further the goals and objectives of the Housing Element of the Growth
Management Plan. (estimated fiscal impact: $172,500)
6) Recommendation to approve the submittal of a Florida Boating
Improvement Program Grant Application in the amount of $285,000
to the Florida Fish and Wildlife Conservation Commission and to
authorize the Board Chair to execute a resolution providing for same.
Resolution 2011-55
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve two First Amendments to License
Agreements with American Tower Asset Sub, LLC, increasing the
combined monthly fee for each site by $50 to compensate for the
County's use of the Licensor/Owner's existing electrical service.
Located at 1-75 E Mile Marker 51.2 and State Road 82
2) Recommendation to acknowledge and approve the transfer of
ownership from Choice Environmental Services, Inc. to Swisher
Hygiene, Inc. d/b/a Choice Environmental Services, Inc. as it relates
to Contract #09-5319 for solid waste, recyclable materials, and yard
trash collection services.
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March 22, 2011
Due to the purchase/merger of 100% stock by Swisher, with the
estimated completion date of the merger March 31, 2011
3) Recommendation to approve an Agreement for an amount not to
exceed $25,000 between the GAC Land Trust and the Big Corkscrew
Island Fire Control and Rescue District (District) for the purchase of
equipment to be used by the District.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 20 I 0-11 Adopted Budget.
Resolution 2011-56
2) This item reQuires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item~ all
participants are reQuired to be sworn in. Recommendation to
approve a Certificate of Public Convenience and Necessity for NCH
Healthcare System for ambulance service and approve a Budget
Amendment recognizing and appropriating a $250 annual renewal fee.
To staff a transport unit for Marco Island's Urgent Care Center
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marine Corps League of Naples, "Honor the Free Press
Day" event on March 16, 2011 at the Hilton Hotel in Naples, FL. $30
to be paid from Commissioner Henning's travel budget.
Located at 5111 Tamiami Trail North, Naples
2) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Semper Fidelis Annual Honor the Free Press day lunch
on March 16,2011 at the Naples Hilton in Naples, FL. $25 to be paid
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March 22, 2011
from Commissioner Hiller's travel budget.
Located at 5111 Tamiami Trail North, Naples
3) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Ave Maria Founders Day Dinner on March 15,2011 at
the Naples Hilton in Naples, FL. $25 to be paid from Commissioner
Hiller's travel budget.
Located at 5111 Tamiami Trail North, Naples
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommend approval of the use of Confiscated Trust Funds to Florida
Sheriffs Youth Ranches, Inc., and budget amendment for $1,000 to
prevent delinquency and develop strong, lawful, resilient and
productive citizens.
2) To obtain Board approval for disbursements for the period of
February 19,2011 through February 25,2011 and for submission into
the official records of the Board.
3) To obtain Board approval for disbursements for the period of
February 26,2011 through March 4,2011 and for submission into the
official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve a settlement agreement prior to litigation
with the Railhead Industrial Park Owners Association, Inc., for the
sum of$33,705.50 to be paid to the County and authorize the
Chairman to execute the Settlement Agreement.
Railhead Industrial Park Owner's Association, Inc. will be
responsible for paying Seminole Gulf Railway to keep a railroad
crossing open
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March 22, 2011
2) Recommendation to approve settlement prior to trial in the lawsuit
entitled Board of County Commissioners v. Laboratory Corporation
of America, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $3,560.93 and authorize the Chairman
to execute the Settlement Agreement and/or Release.
For damages to a County Public Utilities vehicle by a Lab Corp
vehicle on June 10,2009
3) Recommendation that the Board of County Commissioners approve
settlement of the lawsuit filed by Collier County and against
JUSTINA T. MENACHIO and RANISHA L. KNOWLES, in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 11-00228-SC), in the amount of$2,935.30 for total damages, plus
$390.00 in costs of litigation and authorize the Chairman to execute
the Release.
For a fence owned and maintained by Collier County
4) Recommendation to Authorize the Making of an Offer of Judgment to
Respondent, Colombo Enterprises of Naples, Inc., for Parcels 131A,
l31B and 133 in the Amount of$378,000.00 in the Lawsuits Styled
Collier County v. First National Bank of Naples, et aI., Case No. 04-
3587-CA, and Collier County v. Stonebridge Country Club
Community Association, Inc., et aI., Case No. 04-3588-CA, which
have been consolidated into one lawsuit, in the Immokalee Road
Project #66042 (Fiscal Impact: $199,800 if offer is accepted).
For issues concerning land taken for a median opening
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
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March 22, 2011
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WmCH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. SV-2006-AR-9400: relating to an after-the-fact Sign Variance for the
Swamp Buggy RacesIFlorida Sports Park. The Sign Variance requested is
to allow an existing non-conforming, off-premises directional sign to remain
at its existing location until the Rattlesnake-Hammock/Collier Boulevard
bridge is expanded or an adj acent property owner allows the sign to be
moved onto their property. The subject property is located at the southeast
corner of Collier Boulevard and Rattlesnake-Hammock Road on property
hereinafter described in Collier County, Florida.
Resolution 2011-57
18. ADJOURN
Motion to Adjourn - Approved 4/0 (Commissioner Coletta absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 22, 2011