Recap 01/24/2012 RCOLLIER 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
January 24, 2012
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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January 24, 2012
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112 -5356, (239) 252 -8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Richard Rogers - Unity 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 consent and
summary agenda.)
Approved and/or Adopted with changes — 510
3. SERVICE AWARDS
A. EMPLOYEE
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January 24, 2012
1) 20 Year Attendees
a) Gail Bonham, County Attorney's Office
Presented
b) Ronney Cox, Library
Presented
c) Michael Sullivan, EMS
Presented
d) Bobby Allen, EMS
Presented
2) 25 Year Attendees
a) Mark Burtchin, Road Maintenance
Presented
b) Steven Epright, EMS
Not Present
c) Tracey Payne, Information Technology
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating January 23 -29, 2012 as Bayshore Festival of the
Arts week in Collier County. To be accepted by Chick Heithaus, President
of the Bayshore Cultural and Performing Arts Center and Chellie Doepke,
Vice - President of the Bayshore Cultural and Performing Arts Center.
Sponsored by Commissioner Fiala.
Adopted — 5/0
B. Proclamation designating January 23 -29, 2012 as The Band of the United
States Air Force Reserve Week. To be accepted by Chick Heithaus.
Sponsored by Commissioner Coyle.
Adopted — 510
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January 24, 2012
C. Proclamation designating February 2012 as K is for Kids Foundation's Bring
a Book, Bring a Friend for Children's Literacy Month. To be accepted by
Karen D. Clawson, Founder & Executive Director of K is for Kids
Foundation and the Teen Advisory Team. Sponsored by Commissioner
Coletta and Commissioner Hiller.
Adopted — 510
D. Proclamation designating January 27, 2012 as United Nations International
Holocaust Remembrance Day. To be accepted by the Board of the Holocaust
Museum and Education Center of Southwest Florida. Sponsored by
Commissioner Hiller.
Adopted — 5/0
5. PRESENTATIONS
A. Recommendation to recognize Amy Patterson, Manager- Impact Fees and
Economic Development, Growth Management Division as the Supervisor of
the Year for 2011.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Daniel McMahon requesting that the Board
restrict vehicle access on Woodland Estates Road.
Further discussion to take place under Item #10E
Item 7 and 8 to be heard no sooner than 1.00 pm unless otherwise noted
7. BOARD OF ZONING APPEALS
A. 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. CUR -PL- 2011 -1177, SR 846 Land Trust
requesting a Conditional Use Re- Review (CUR) and amending the
Conditions of Approval in Resolution Number 08 -290 which allows for
earth mining with excavation, blasting and processing of material in a Rural
Agricultural Mobile Home Overlay (A -MHO), for property located in the
Rural Fringe Mixed Use District Receiving Lands, and east of Immokalee
Road, approximately 2 miles north of Oil Well Road. The subject property is
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January 24, 2012
located within Sections 35 & 36, Township 47 South, Range 27 East; and all
of Sections 1 and 2, Township 48 South, Range 27 East, less road right -of-
way for County Road 846 (Immokalee Road), Collier County, Florida; and
repealing Resolution Nos. 08 -128 and 08 -290. [Coordinator: Fred Reischl,
AICP, Senior Planner]
Resolution 2012 -15 Adopted — 4/1 (Commissioner Hiller opposed)
8. ADVERTISED PUBLIC HEARINGS
Continued to the February 14, 2012 BCC Meeting (Per Agenda Change Sheet)
A. This item continued from the January 10. 2012 BCC Meeting. This
item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. PUDZ- 2003 -AR -3608: Orangetree PUD -- An
Ordinance amending Ordinance Numbers 2005 -42 and 2004 -73, the
Orangetree PUD, to add 1,050 residential units for a total of 3,150
residential units; to add 100,000 square feet of office use and add 172,000
square feet of retail use to the existing 60,000 square feet of retail for a total
of 332,000 square feet of commercial development; to revise the
development standards including building height and setbacks and to add
allowable residential, commercial uses and mixed uses, and to eliminate the
environmental commitments, for property located in parts of Sections 11, 12,
13, 14, 22 through 27, Township 48 South, Range 27 East, Collier County,
Florida consisting of 2,138.76 acres; and by providing an effective date.
(Coordinator: Kay Deselem, AICP, Principal Planner)
Motion made during Agenda Changes to reaffirm the continuance of
this item to February 14, 2012 — Approved 5/0
Moved from Item #17A (Per Agenda Change Sheet)
B. This item requires that ex varte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. PUDZ -PL- 2011 -2115 Community School of
Naples CFPUD. An ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier
County, Florida, by amending the appropriate zoning atlas map or maps by
changing the zoning classification of the herein described real property from
a Community Facility (CF) zoning district to a Community Facility Planned
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January 24, 2012
Unit Development (CFPUD) zoning district for the project known as
Community School of Naples CFPUD, at 13275 Livingston Road in Section
12, Township 49 South, Range 25 East, Collier County, Florida consisting
of 73 +/- acres subject to conditions; by providing for repeal of Ordinance
Numbers 2000 -06 & 2004 -33, as amended; and providing an effective date.
Ordinance 2012 -05 — Adopted 5/0
Moved from Item WE (Per Agenda Change Sheet)
C. Recommendation to adopt an amendment to Ordinance No. 2011 -07, the
Flood Damage Prevention Ordinance (FDPO) with an effective date of
March 30, 2012.
Ordinance 2012 -06 — Adopted 510
9. BOARD OF COUNTY COMMISSIONERS
A. This item to be heard at 3:00 p.m. Request to discuss current regulations
limiting the "stretched mesh" size of marine fishing nets to two (2) inches
and possible actions by the Board of County Commissioners to support
efforts to rescind these regulations.
Resolution 2012 -16 — Adopted 5/0
B. Appointment of a member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2012 -12: Appointing Michael I. Price — Adopted 5/0
C. Appointment of a member to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2012 -13: Appointing Sandra Arafat — Adopted 510
D. Appointment of a member to the Golden Gate Beautification MSTU
Advisory Committee.
Resolution 2012 -14: Reappointing Michael V. McElroy — Adopted 5/0
10. COUNTY MANAGER'S REPORT
A. Recommendation to approve the required program agreements with Arthrex
Manufacturing, Inc., Arthrex, Inc. and RES Collier Holdings, LLC for the
Fee Payment Assistance Program, the Job Creation Investment Program and
the Advanced Broadband Infrastructure Investment Program, consistent with
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January 24, 2012
the provisions of Chapter 49 of the Collier County Code of Laws and
Ordinances and the company's approved incentive application. (Fiscal
Impact: $597,514 — FY 2012) (Amy Patterson, Impact Fee Manager)
Approved — 4/1 (Commissioner Hiller opposed)
To be heard at 2:00 p.m. (Per Agenda Change Sheet)
B. Recommendation to review the Phase II Master Mobility Plan report,
accept the report and direct the County Manager or Designee to move
recommendations into Phase III of the Master Mobility Plan. (Nick
Casalanguida, Deputy Administrator, Growth Management
Division/Planning & Regulation)
Motion to accept the report and direct staff to return with specific
details — Approved 3/2 (Commissioner Hiller and Commissioner
Henning opposed)
C. Recommendation to award a construction contract in the amount of
$1,076,737.62 to Lodge Construction, Inc. and reserve 10% ($107,673.76)
on the purchase order for funding contingency, for a total of $1,184,411.38
for ITB #10 -5817 — "LASIP - Naples Manor North Canal Stormwater
Improvements; Project #51101. (Jay Ahmad, Director, Transportation
Engineering)
Approved — 5/0
D. Recommendation to award a Design Build contract in the amount of
$4,048,944 to Thomas Marine Construction, Inc. and American Consulting
Engineers of Florida, Inc. for RFP No. 11 -5722 14 5572 - "Design Build
Golden Gate Boulevard Bridge Replacements: 1) Golden Gate Canal
#034026 and 2) Miller Canal #034028 ", Project No. 66066. (Jay Ahmad,
Director, Transportation Engineering)
Approved — 510 (RFP Number corrected per Agenda Change Sheet)
To be heard at 11:30 a.m. (Per Agenda Change Sheet)
E. 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. (Gerald Kurtz, Principal
Project Manager, Growth Management Division)
Approved — 4/1 (Commissioner Hiller opposed)
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January 24, 2012
Moved from Item #16D8 (Per Agenda Change Sheet)
F. Recommendation to approve an agreement and associated forms with the
Florida Department of Economic Opportunity (DEO) to accept funding for
the Disaster Recovery Enhancement Funds (DREF) in the amount of
$3,335,131.91 and approve a budget amendment to allocate the funding.
Approved — 5/0
Moved from Item #16D10 (Per Agenda Change Sheet)
G. Recommendation to approve reprogramming of Community Development
Block (CDBG) Grant funds in the amount of $810,000, and approve a
Subrecipient Agreement with the Collier County Community
Redevelopment Agency (CRA) of Immokalee to purchase two adjacent
parcels and construct design -build the First Street Plaza located in the
downtown area of Immokalee, Florida.
Approved w /Stipulations — 510
Moved from Item #16E3 (Per Agenda Change Sheet)
H. Recommendation to approve and ratify two additions to the 2012 Fiscal
Year Pay and Classification Plan made from October 1, 2011 through
December 31, 2011.
Approved — 510
Moved from Item #16A13 (Per Agenda Change Sheet)
I. Recommendation to direct the County Manager or his designee to work with
the Finance Committee, the County Attorney, and the Clerk's Office to
review and possibly establish a potential process which would authorize the
solicitation for competitive bid proposals from interested firms willing to
both finance and construct production -ready projects.
Motion to bring back with findings to the BCC — Approved 510
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
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January 24, 2012
A. AIRPORT
1) Request Collier County Board of County Commissioners provide
direction to the Airport Authority Executive Director as to whether
County Commissioners should be provided a copy of Collier County
Airport Security Plans.
Motion to accept the Airport Authority's Executive Director's
recommendations regarding sharing any airport security plans
Approved — 3/2 (Commissioner Hiller and Commissioner Henning
opposed)
B. COMMUNITY REDEVELOPMENT AGENCY
1) Community Redevelopment Agency FY2011 annual performance
appraisal review for the Bayshore Gateway Triangle CRA Executive
Director. (David Jackson, Executive Director, Bayshore Gateway
Triangle CRA)
Motion to approve — Approved 3/1 (Commissioner Hiller opposed
and Commissioner Coyle absent)
2) Recommendation to award Contract No. 11 -5709 - Immokalee
Downtown Stormwater Improvements to Douglas N. Higgins, Inc. in
the amount of $2,718,000 (Project Number 33130), approve all
necessary budget amendments and authorize the Chairman to sign the
standard Board approved contracts after legal review by the Office of
the County Attorney.
Approved — 510
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Larry Basik — Regarding the Casino as a possible "Resort Destination"
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Henning — Concern regarding Agenda Item #13A1
B. Commissioner Coletta — Flamingo Nursery
C. Commissioner Coletta — Fire District Consolidation Presentation at the
BCC Meeting in February
D. Commissioner Fiala — Traffic light at Eagle's Lake Community Park;
request the Chairman write a letter to FDOT
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January 24, 2012
E. Commissioner Hiller — Would like to review the AA's Security Plan and
if denied the request would like a written response detailing denial
F. Commissioner Hiller — Contract with Arthrex (Item #I OA)
G. Commissioner Hiller — Concerns about info given to Naples Daily News
H. Motion to Adjourn — No formal vote taken
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 — 510
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Triangle Parcel, 14250 Tamiami Trail North, and
to authorize the County Manager, or his designee, to release any
Utilities Performance Security to the Project Engineer or the
Developer's designated agent.
Folio #00152240006 and Folio #00155200001
2) Recommendation to approve final acceptance of the water utility
facility for City Gate Commerce Center, Phase 1 and to authorize the
County Manager, or his designee, to release any Utilities Performance
Security to the Project Engineer or the Developer's designated agent.
Located at Section 35, Township 49 South, Range 26 East
3) Recommendation to approve final acceptance of the water and sewer
utility facilities for City Gate Commerce Center, Phase 2 and to
authorize the County Manager, or his designee, to release any Utilities
Performance Security to the Project Engineer or the Developer's
designated agent.
Located at Section 35, Township 49 South, Range 26 East
4) This item requires that ex Parte disclosure be provided b
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
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January 24, 2012
accept an alternate security in the amount of $1,758,578.20 from the
current owner of the subdivision known as Copper Cove Preserve, and
authorize the Clerk of Courts to release previously posted securities.
New developer Lennar Homes is providing an alternate security
in the form of an LOC (Letter of Credit)
Withdrawn (Per Agenda Change Sheet)
5) Recommendation to direct the County Manager or Designee to have
the County's consultant proceed with design of a pathway connection
on the north side of Immokalee Road, also known as, Alternative 1.
6) Recommendation to approve a Job Creation Investment Program
Agreement with Animal Specialty Center of Florida, LLC, a/k/a
Animal Specialty Hospital of Florida, LLC, consistent with the
provisions of the Job Creation Investment Program and the company's
approved incentive application. (Fiscal Impact: $14,666 — FYI 2)
With incentive payments disbursed in FY 2013, 2014, 2015 and
2016 if they continue to meet eligibility requirements
7) Recommendation to approve a Job Creation Investment Program
Agreement and an Advanced Broadband Infrastructure Investment
Program Agreement with Florida Specialties LLC, consistent with the
provisions of the Job Creation Investment Program and the Advanced
Broadband Infrastructure Investment Program and the company's
approved incentive application. (Fiscal Impact: $18,333 — FYI 2)
With incentive payments disbursed in FY 2013, 2014, 2015 and
2016 if they continue to meet eligibility requirements
8) 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
acknowledge a Corrective Dedication / Reservation for the plat of
Quarry Phase 3, and to direct the Clerk of Courts to make a notation
on the recorded plat making reference to the recorded Corrective
Dedication / Reservation.
In order to correct and clarify the previously recorded plat
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January 24, 2012
9) Recommendation to approve a resolution directing the County
Manager to revise and expand the duties of the Floodplain
Management Planning Committee (FMPC) and amending
Resolution No. 2006 -200.
Resolution 2012 -06
10) Recommendation to approve Supplemental Joint Participation
Agreement (JPA) No. 1 providing additional revenue in the amount of
$25,342 from FY 2011/2012 Federal Transit Administration Section
5311 American Recovery and Reinvestment Act (ARRA) funding.
Resolution 2012 -07 (Authorizing Resolution to be submitted by
the County Attorney's Office)
11) Recommendation to enter into three Landscape Maintenance
Agreements with condominium associations to ensure that the
maintenance pathway along the Naples Manor North Canal is
unobstructed, by requiring periodic maintenance of hedges that will be
planted for the purpose of replacing the existing landscape buffer
along their southerly boundaries that will be lost during construction
of improvements to the canal. The proposed improvements to the
Naples Manor North Canal is one of the many "sub- projects" which
together comprise the Lely Area Stormwater Improvement Project
#51101 (LASIP). (Fiscal Impact $132)
As detailed in the Executive Summary
12) Recommendation to approve an agreement with the Abbington
Village Condominium Association providing for the conveyance of a
Drainage Access and Maintenance Easement from the Association to
Collier County without compensation. Project No. 51101 Naples
Manor North Canal segment of the Lely Area Stormwater
Improvement Project (Fiscal Impact $35.50)
Allowing for the construction of a low berm with a maintenance
pathway to carry stormwater from the SW corner of the property
to the canal under the maintenance pathway
Moved to Item #10I (Per Agenda Change Sheet)
13) Recommendation to direct the County Manager or his designee to
work with the Finance Committee, the County Attorney, and the
Clerk's Office to review and possibly establish a potential process
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January 24, 2012
which would authorize the solicitation for competitive bid proposals
from interested firms willing to both finance and construct
production -ready projects.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation for the Community Redevelopment Agency (CRA)
to approve an Extension and First Amendment to Lease Agreement
with Budget Rent A Car System, Inc., permitting them to continue
operating an existing business on CRA owned property located at
1933 and 1965 Tamiami Trail.
The current lease expires on January 31, 2012, extension terms
change that date to January 31, 2015
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve Amendment No. l to Agreement
MOA100 ( #12 -5842) between Collier County and the Florida
Department of Environmental Protection to continue to conduct
Ambient Air Monitoring in Collier County.
Extending the MOA from January 29, 2012 to January 29, 2014
2) Recommendation to approve License Agreement #12 -5841 with the
District School Board of Collier County to allow the County to
continue to locate the Ambient Air Monitoring Trailer at Laurel Oak
Elementary School, and to conduct ambient air monitoring for the
urban area of the county.
The District's contract had expired, the District approved the
proposed license agreement on December 13, 2011 Meeting
Continued to the February 14, 2012 BCC Meeting (Per Agenda Change Sheet)
3) Recommendation to approve removing uncollectible accounts
receivable and their respective balances from the financial records of
Collier County Public Utilities Division in the amount of $423,644.77.
4) Recommendation to approve an increase to the annual estimated not
to exceed amount for Contract Number 11 -5 698 with N. Harris
Computer Corporation for maintenance, licensing, and technical
services, from $140,000 to $220,000. The increase is to include the
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credit card payment processing transaction costs associated with
iWEB, a hosted payment system provided by Transaction Warehouse
(a Harris sub - contractor) through Contract Number 11 -5698.
As detailed in the Executive Summary
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a subrecipient agreement providing for a
$35,000 State Housing Initiatives Program (SHIP) grant to the
Housing Development Corporation of SW Florida, Inc. (HDC) to
provide Homebuyer Education, Counseling and/or Pre- Purchase,
Extended Credit and/or Foreclosure Prevention Counseling to benefit
persons earning less than 120% of Family Median Income of Collier
County.
To provide 10 (ten) Pre - Purchase Workshops / Homebuyer
Education classes during the grant period
2) Recommendation to approve a modification to Disaster Recovery
Initiative Grant Agreement # l ODB-D4-09-2 1 -01 -K09 between the
Florida Department of Economic Opportunity (DEO), formerly
known as the Florida Department of Community Affairs (DCA) and
Collier County to change the grantor's name within the agreement,
reallocate funds within the Immokalee CRA's Stormwater project and
sign the associated subrecipient agreement amendments.
This modification to the Grant Agreement allows funds to be
used for Construction Engineering for the Immokalee CRA
Stormwater Project
3) Recommendation to approve a resolution to authorize an upland lease
application with the Board of Trustees of the Internal Improvement
Land Trust Fund of the State of Florida for the Parks and Recreation
Department to manage the newly constructed Isles of Capri Paddle
Craft Park constructed by Rookery Bay National Estuarine Research
Reserve.
Resolution 2012 -08
4) Recommendation to approve execution of a Utility Facilities Warranty
Deed and Bill of Sale to convey the wastewater utilities infrastructure
at the Collier County public beach facilities at Bluebill Ave. to the
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January 24, 2012
Collier County Water -Sewer District, at an estimated cost of $35.50.
Located at Section 29, Township 48 South, Range 25 East
5) Recommendation to award Contract #11 -5791 to Pinellas Pool for
renovation of Interactive Water Feature at Vineyards Community Park
in the amount of $206,800; approve a necessary budget amendment to
provide funds and establish a 10% contingency; authorize Chairman
to execute the contract after review by the County Attorney's Office.
The feature was built in 1998 and after 14 years of exposure to the
elements it requires replacement
6) Recommendation to approve and authorize the Chairman to sign one
(1) release of lien for Affordable Housing Density Bonus agreement
for a unit sold that is no longer subject to the terms of the agreement.
Located in Bristol Pines, Ph I, Lot 17 (7530 Bristol Circle, Naples)
7) Recommendation to approve and authorize the Chairman to sign one
(1) satisfaction of mortgage for owner- occupied affordable housing
units that repayment in full has been provided to Collier County.
Located at 5201 19th Avenue SW, Naples
Moved to Item #10F (Per Agenda Change Sheet)
8) Recommendation to approve an agreement and associated forms with
Florida Department of Economic Opportunity (DEO) to accept
Disaster Recovery Enhancement Funds (DREF) in the amount
$3,335,131.91 and approve a budget amendment to allocate funds.
9) Recommendation to approve an amendment with the City of Naples
for $30,365 in Community Development Block Grant Recovery
(CDBG -R) funds.
Amendment #3 to Contract #B- 09 -UY -12 -0016, for a landscape
improvement project at the Anthony Park Community located
within the City of Naples
Moved to Item #10G (Per Agenda Change Sheet)
10) Recommendation to approve reprogramming of Community
Development Block (CDBG) Grant funds in the amount of $810,000,
and approve a Subrecipient Agreement with the Collier County
Community Redevelopment Agency (CRA) of Immokalee to
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January 24, 2012
purchase two adjacent parcels and construct design -build the First
Street Plaza located in the downtown area of Immokalee, Florida.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the execution of a Corrective Easement
to FP &L at a cost not to exceed $19.
Correcting Exhibit A of the previously recorded Easement (OR
Book 3616, Page 1850)
2) Recommendation to approve Amendment 5 to Contract #06 -3939
"Northeast Regional Utility Program Management and Oversight
Services" with Malcolm Pirnie, Inc., for services during Program
hibernation and reactivation of the Northeast Facilities Program
Projects #70899, #73156, #70902, and #75012.
The program went into hibernation on January 26, 2010, this
reactivation gives the contract an expiration date of June 19, 2014
Moved to Item #10H (Per Agenda Change Sheet)
3) Recommendation to approve and ratify two additions to the 2012
Fiscal Year Pay and Classification Plan made from October 1, 2011
through December 31, 2011.
4) Recommendation to approve a Donation Agreement with Ginnie
Evans Poovey Kania for 10 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $3,000.
Folio #00775560008 is part of Mcllvane Marsh Preserve, this
acquisition serves to further complete the protection of
environmentally sensitive lands
5) This item continued from the January 10, 2012 BCC Meeting
Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Tectrans, Inc. to Keolis Transit
America, Inc. to Keolis Transit America, Inc. d/b /a Tectrans, Inc.
Contract for the Collier Area Transit (CAT) Fixed Route and
Paratransit Program.
Keolis notified staff on December 2, 2011 of the asset purchase
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January 24, 2012
Continued to the February 14, 2012 BCC Meeting (Per Agenda Change Sheet)
6) Recommendation to award a contract to Commerce Bank NA for
Letter of Intent (LOI) #10 -5562 E- Payables for automation of
payments to vendors and obtain added revenue /rebates to the County.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2011 -12 Adopted Budget.
Resolution 2012 -09
2) Recommendation that the Board approves a prepayment of the 2007
State Infrastructure Bank Loan resulting in an interest savings of
$59,983 and approve all necessary budget amendments.
For the I- 75/Immokalee Road Interchange Improvements
3) Recommendation to approve and authorize the County Attorney to
advertise proposed amendments to the Tourist Development Tax
Ordinance No. 92 -60, as amended, and return to the Board for final
approval. Amendments include (1) revise language relating to
Category B use of funds; (2) delineate the allocation of administrative
costs for tourism promotion and beach park facilities and beach
improvements; (3) reallocate for a period of one year $100,000 from
Fund 193, municipal owned museums and museums owned and
operated by not - for - profit organizations open to the public, to Fund
198, County -owned or operated museums to be used for a one -time
payment pursuant to a Category C(2) Agreement with the Marco
Island Historical Society.
Authorizing the advertising for the proposed amendments
G. AIRPORT AUTHORITY
1) Recommendation to approve a License Agreement with Walker
International Events, Inc. at the Immokalee Airport for a two (2) day
circus event.
The circus will use a non - aviation portion of the airport
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January 24, 2012
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the U.S. Coast Guard Change of Watch on January 7, 2012.
The sum of $50 to be paid from Commissioner Fiala's travel budget.
At Hideaway Beach Club, 250 South Beach Drive, Marco Island
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Eastern Collier Chamber of Commerce Breakfast at
Roma Havana Restaurant, Immokalee, FL on January 4, 2012. $15 to
be paid from Commissioner Coletta's travel budget.
Located at 1025 W. Main St., Immokalee
3) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the Leadership Collier Foundation Alumni Box
Lunch Speaker Forum at the Professional Development Center,
Naples, FL on January 26, 2012. $10 to be paid from Commissioner
Coletta's travel budget.
Located at 615 Third Ave. South, Naples
4) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Pre Legislative Breakfast with Florida Senator Richter.
$25 to be paid from Commissioner Hiller's travel budget.
Held December 14, 2011 at the Hilton Naples, 5111 Tamiami Trail
5) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attending the Cato Institute Naples Luncheon February 6, 2012. $75
to be paid from Commissioner Hiller's travel budget.
Held at The Ritz- Carlton, 280 Vanderbilt Beach Road, Naples
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence items to file for record with action as
directed.
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January 24, 2012
2) Advisory Board minutes to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
December 24, 2011 through December 30, 2011 and for submission
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of
December 31, 2011 through January 6, 2012 and for submission into
the official records of the Board.
3) Recommendation to accept the investment status update report for the
quarter ending December 31, 2011.
Per an Interlocal Agreement entered into with the Clerk of Courts
July 27, 2010 for the provision of constitutional and statutorily
required financial, accounting, investment, pre- auditing and other
mutually agreed upon services
4) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit
Court is required to file the amount of traffic infraction surcharges
collected under Florida Statute 318.18(13)(a)(1) with the Board of
County Commissioners.
K. COUNTY ATTORNEY
1) Recommendation to approve an Agreed Order for expert fees and
costs and attorney's fees for Parcels 105FEE /TCE and 106FEE /TCE,
and a Stipulated Final Judgment for compensation as to Parcel Nos.
106FEE /TCE, in the combined amount of $41,219.17 in the lawsuit
styled Collier County v. Annette Pocchi, et al., Case No. 10- 2682 -CA
(Collier Boulevard Project No. 68056) (Fiscal Impact $28,819.17).
For an agreed order for expert fees, costs and attorney's fees and
full compensation for the taking of parcels
2) Authorize the making of an Offer of Judgment to Respondent, Ariam
Lopez, for Parcel No. 173 SE in the amount of $1,000 in the lawsuit
styled Collier County v. Pablo Garcia, et al., Case No. 10- 2683 -CA
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January 24, 2012
(Collier Boulevard Project No. 68056) (Fiscal Impact $300).
For a perpetual, non - exclusive Slope Easement
3) Recommendation that the Board of County Commissioners authorize
the law firm of Henderson Franklin Starnes & Holt, P.A. and John
Potanovic, Esq. to represent Collier County in the matter entitled
Donald Edwards v. Collier County, Florida; Case No. 09- 6111 -CA.
Allegations by a former employee that adverse employment action
was due to disclosure of impropriety or gross mismanagement in
an investigation
4) Recommendation to approve the mediation settlement prior to trial in
the lawsuit entitled Maureen Benes and Laddie C. Benes v. Collier
County, Florida, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 11- 1879 -CA for the sum of $15,000
and authorize the Chairman to execute the Settlement Agreement.
The Plaintiff alleges to have suffered extensive injuries on August
30, 2010 that included: a broken nose, fractured right wrist and
fractured left elbow
5) Request for authorization to advertise and bring back for future
consideration an ordinance which would establish limitations, in
addition to those set forth in Chapter 538, Part II, Florida Statutes, on
the sale of regulated metals (secondary metals).
Authorizing the advertising of the proposed ordinance
6) Recommendation that the Board of County Commissioners direct the
Collier County Supervisor of Elections to take appropriate action with
respect to the Collier County School District's Resolution 12 -01,
which seeks a millage referendum on the November 6, 2012 ballot for
the scheduled general election.
Resolution 2012 -10
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
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January 24, 2012
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 #811 (Per Agenda Change Sheet)
A. 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. PUDZ -PL- 2011 -2115 Community School of
Naples CFPUD. An ordinance of the Board of County Commissioners of
Collier County, Florida amending Ordinance Number 2004 -41, as amended,
the Collier County Land Development Code, which established the
comprehensive zoning regulations for the unincorporated area of Collier
County, Florida, by amending the appropriate zoning atlas map or maps by
changing the zoning classification of the herein described real property from
a Community Facility (CF) zoning district to a Community Facility Planned
Unit Development (CFPUD) zoning district for the project known as
Community School of Naples CFPUD, located at 13275 Livingston Road in
Section 12, Township 49 South, Range 25 East, Collier County, Florida
consisting of 73 +/- acres subject to conditions; by providing for the repeal
of Ordinance Numbers 2000 -06 and 2004 -33, as amended; and by providing
an effective date.
B. Recommendation to adopt an Ordinance amending the Collier County
Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended, to
incorporate a provision clarifying the imposition of Water and Sewer Impact
Fees on geographic areas within the Collier County Water -Sewer District
until such a time when connection to the regional water and/or sewer system
is anticipated within a ten -year period as identified by the most current
Public Utilities Water and Wastewater Master Plan Updates and the Annual
Update and Inventory Report.
Ordinance 2012 -03
C. Recommendation to adopt an ordinance that amends Ordinance No. 04 -12,
as amended, for the purpose of revising the Class 2 Certificate of Public
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January 24, 2012
Convenience and Necessity for post - hospital interfacility transport services.
Ordinance 2012 -04
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2011 -12 Adopted Budget.
Resolution 2012 -11
Moved to Item #8C (Per Agenda Change Sheet)
E. Recommendation to adopt an amendment to Ordinance No. 2011 -07, the
Flood Damage Prevention Ordinance (FDPO) with an effective date of
March 30, 2012.
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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January 24, 2012