Recap 12/11-12/2012 R (Revised)COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
December 11-12,2012
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
Tim Nance - BCC Commissioner, District 5
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 11-12,2012
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. Invocation - Reverend Robert E. Townsend, United Church of Christ at the
Lighthouse
B. Swearing in ceremony for Commissioner Tim Nance, District 5, to be
conducted by 20th Judicial Circuit Judge Cynthia A. Pivacek.
Sworn In
C. In honor of the swearing in of Commissioner Tim Nance, District 5, musical
performance will be provided by James Steven Farnsworth.
Performed
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December 11-12,2012
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
B. October 23, 2012 - BCC/Regular Meeting
Approved as presented — 510
C. November 13, 2012 - BCC/Regular Meeting
Continued to the January 8, 2013 BCC Meeting for further review -
Consensus
D. Recommendation to (1) remove Commissioner Coyle as Chairman, (2)
appoint a new Chairman to serve the remainder of Commissioner Coyle's
term, and (3) appoint a new Vice - Chairman to serve the remainder of
Commissioner Coletta's term, with both terms expiring the first Board
meeting of January 2013. (Commissioner Henning)
Motion to remove Commissioner Coyle as Chairman and Appoint
Commissioner Hiller as Chairman — Approved 510;
Motion to appoint Commissioner Henning as Vice - Chairman —
Approved 510
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating December 2012 as Guadalupe Center of
Immokalee Month in honor of its thirty years of service in Collier County.
To be accepted by Barbara Oppenheim, President, Guadalupe Center of
Immokalee. Sponsored by the Board of County Commissioners.
Adopted — 510
B. Proclamation designating December 11, 2012 as the Dick Lydon Day of
Remembrance in Collier County in recognition of his contributions to the
community. To be accepted by members of the Vanderbilt Beach
Beautification MSTU. Sponsored by Commissioner Hiller.
Adopted — 510
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December 11-12,2012
C. Proclamation designating December 11, 2012 as the Mimi Watson Day of
Remembrance in Collier County in recognition of her contributions as a
board member of the Collier County Friends of the Museum and as a Collier
County school teacher. To be accepted by members of the Friends of the
Museum. Sponsored by Commissioner Hiller.
Adopted — 510
D. Proclamation celebrating the 50th Anniversary of Temple Shalom and its
accompanying project, "Our Torah: Scribing Our Future." To be accepted by
Rabbi Adam Miller; Cantor Donna Azu; Rabbi James Perman; Susan
Daugherty, Executive Director; Caren Plotkin, Education Director; Seyla
Cohen, Preschool Director; Yale Freeman, President; Bobbie Katz, Vice
President; Tracy Albert, Second Vice President; Dr. Joel Waltzer, Third
Vice President; Rob Nossen, Treasurer; James Knafo, Recording Secretary;
Debbie Antzis, "Our Torah" Chair; Sandy Stone, Sisterhood President; Ed
Cohen, Men's Club President; Susan Freeman; Beth Feldman; Michael
Rubner; Helen Weinfield; and Evelyn Cole. Sponsored by Commissioner
Hiller.
Adopted — 510
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for December
2012 to The Dock at Crayton Cove. To be accepted by Vin DePasquale,
President; Bobbi Simi, Co- Owner; Jonathan DePasquale, Restaurant
Manager; and Jacci Robb, Assistant Manager.
Presented
6. PUBLIC PETITIONS
A. This item continued from the November 13, 2012 BCC Meeting. Public
Petition request from Mr. Bob Krasowski regarding issues relating to beach
renourishment.
Discussed; recommendations will be discussed further during related
Agenda Items heard today
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December 11-12,2012
B. Public Petition request from Mr. Dan Robuck, President of Emergency
Medical Specialists, regarding an EMS management proposal.
Discussed
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Joan Richie — Landscape changes to Riverchase Shopping Center
B. Tom Graham — Landscape changes to Riverchase Shopping Center
C. Robert Ochs - Landscape changes to Riverchase Shopping Center
D. Marcia Cravens — Clam Bay and Pelican Bay Services Board related
agenda items on today's agenda
E. John Sorey — Comments regarding Bob Krasowski's public petition,
Agenda Item #6A
Item 8 and Item 9 to be heard no sooner than 1:00 Pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Wednesday, December 12, 2012
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. Recommendation to approve petition number
ADA- PL20120001218 Jaffe Boat Dock Appeal represented by R. Bruce
Anderson of Roetzel and Andress, LPA, requesting an appeal to the Board
of Zoning Appeals of a decision of the Collier County Planning Commission
in denying Petition BDE- PL20110001573 that requested a 19 -foot boat dock
extension over the maximum 20 -foot protrusion limit as provided in Section
5.03.06 of the Land Development Code to allow a 39 -foot boat dock facility
accommodating 2 vessels on 2 boat slips for property located at 10090
Gulfshore Drive and is further described as the North 50 feet of Lot 14,
Conners Vanderbilt Beach Estates Subdivision, Unit 1; Section 29,
Township 48 South, Range 25 East, Collier County, Florida. This item to be
heard in conjunction with Item #8B. [Companion Item to: VA-
PL20110001576, Jaffe Variance]
Resolution 2012 -266 Adopted — 510
Wednesday, December 12, 2012
B. 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 consider a Resolution of the
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December 11-12,2012
Board of Zoning Appeals of Collier County, Florida, relating to Petition
Number VA- PL20110001576, Jaffe Variance, for a variance from Land
Development Code Section 5.03.06.E.7 to permit a reduced side yard
(riparian) setback from 7.5 feet to 0 feet on property located at 10091 Gulf
Shore Drive, Conner's Vanderbilt Beach Estates in Section 29, Township 48
South, Range 25 East in Collier County, Florida. This item to be heard in
conjunction with Item #8A. [Companion Item to: ADA- PL20120001218,
Jaffe Boat Dock Appeal]
Resolution 2012 -265 Adopted - 510
9. ADVERTISED PUBLIC HEARINGS
Continued to the January 8, 2013 BCC Meeting (Per Agenda Change Sheet)
A. Recommendation to review and adopt Proposed Amendments to the Collier
County Growth Management Plan, Ordinance 89 -05, as Amended, based
upon the Collier County Evaluation and Appraisal Report adopted in 2011
and the Florida Department of Economic Opportunity Objections,
Recommendations and Comments Report on these Amendments, and to
Transmit the Amendments to the Florida Department of Economic
Opportunity.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that (1) the Board interprets its Reconsideration Procedure
to allow a motion for reconsideration to be made by a member who voted in
the majority prior to the adjournment of the meeting at which the matter was
voted upon, or at either the first and/or second meeting, and that a prior
motion for reconsideration does not bar a later motion for reconsideration
made at any time during this two meeting time frame, and (2) that the Board
(by a majority vote) deems former Commissioner Coletta's and
Commissioner Fiala's motion to reconsider (blocking further reconsideration
prescribed by 75 -12 as amended) null and void. (Commissioner Henning)
Motion to approve recommendations — Approved 3/2 (Commissioner
Fiala and Commissioner Coyle opposed)
B. Request for reconsideration by Commissioner Henning of Item #14B2 from
the November 13, 2012 BCC Meeting titled: Recommendation that the
Collier County Community Redevelopment Agency (CRA) approve and
execute an amendment to the employment agreement between the CRA and
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December 11-12,2012
Penny S. Phillippi, the Immokalee CRA Executive Director, extending the
term of employment three years, make certain changes to the contract, and
authorize the Chairman to sign.
Approved — 510
C. Request for reconsideration by Commissioner Henning of Item #14B8 from
the November 13, 2012 BCC Meeting titled: Recommendation that the
Collier Community Redevelopment Agency (CRA) Board designates the
Immokalee Community Redevelopment Agency Executive Director as the
Special District Registered Agent for the Collier County CRA.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle
opposed); Motion to have item placed on the January 22, 2013 BCC
Meeting Agenda — Approved 510
D. Request for reconsideration by Commissioner Henning of Item #14B5 from
the November 13, 2012 BCC Meeting titled: Recommendation to the Board
of County Commissioners acting as the Community Redevelopment Agency
(CRA) to authorize the continued operation of the Immokalee Business
Development Center (IBDC) under the auspice of the Immokalee
Community Redevelopment Agency (CRA) exclusive of the partnership
with the Collier County Airport Authority and the Immokalee Airport.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle
opposed); Motion to place on the January 22, 2013 BCC Meeting —
Approved 510
E. Request for reconsideration by Commissioner Henning of Item #14B6 from
the November 13, 2012 BCC Meeting titled: Recommendation that the
Board of County Commissioners acting as the Community Redevelopment
Agency (CRA) to approve amending the Immokalee Business Development
Center's (IBDC) Proposal, IBDC Application, and IBDC Policies and
Procedures Handbook.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle
opposed); Motion to place on the January 22, 2013 BCC Meeting —
Approved 510
F. Request for reconsideration by Commissioner Henning of Item #14B3 from
the November 13, 2012 BCC Meeting titled: Recommendation to award
Agreement No. 12 -5896 for Design Construction Documents, Civil Site
Design (SDP Permitting), Permit and Bid Services and Construction
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December 11-12,2012
Administration and Related Services for the First Street Zocalo for
Immokalee to David Corban Architect, Inc.; Fiscal Impact $113,450.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle
opposed); Motion to place on the January 22, 2013 BCC Meeting —
Approved 510
G. Request for reconsideration by Commissioner Henning of Item #14A3 from
the October 23, 2012 BCC meeting titled: Recommendation that the Board
of County Commissioners, in its capacity as the governing body of the
Collier County Airport Authority, indicates its intent to extend the Airport
Authority Executive Director's Employment Agreement with Thomas C.
Curry, fixing the end date of the first extension term as September 30, 2015,
and amending the Agreement to comport with Ch. 2011 -143, Florida
Statutes.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
H. Request for reconsideration by Commissioner Henning of Item #16K2 from
the November 13, 2012 BCC meeting titled: Recommendation that the
Board of County Commissioners, in its capacity as the Collier County
Airport Authority, memorializes its October 23, 2012 extension of, and
amendments to, the Collier County Airport Authority Executive Director's
Employment Agreement, and authorizes the Chairman to execute the
Extension and Amendment Agreement.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
I. Request for reconsideration by Commissioner Henning of Item #14A2 from
the November 13, 2012 BCC Meeting titled: Recommendation that the
Board of County Commissioners, acting as the Airport Authority, approve
and authorize the Chairman to execute attached Contract #12 -5885 "Design
and Related Services for the Immokalee Regional Airport Runway 9 -27
Rehabilitation Project" in the amount of $761,000 with Hole Montes, Inc.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
J. Request for reconsideration by Commissioner Henning of Item #14A1 from
the November 13, 2012 BCC Meeting titled: Recommendation that the
Board of County Commissioners, acting as the Airport Authority, approve
and authorize the Chairman to execute Contract #12 -5885 "Design and
Related Services for the Marco Island Executive Airport (MKY) Runway
17 -35 Rehabilitation Project" in the amount of $660,000 with Hole Montes,
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December 11-12,2012
Inc.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
K. Request for reconsideration by Commissioner Henning of Item #16K6 from
the October 23, 2012 BCC Meeting titled: Recommendation to adopt a
Resolution terminating the Employment Agreement with the Executive
Manager to the Board of County Commissioners.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
L. Request for reconsideration by Commissioner Henning of Item #13A from
the October 9, 2012 BCC meeting titled: Recommendation to discuss Item
#11E from the Board's September 11, 2012 agenda regarding "Wastewater
Basin Program" contracts.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
M. Request for reconsideration by Commissioner Henning of Item #I IC from
the November 13, 2012 BCC Meeting titled: Recommendation to consider
an out -of -cycle Tourist Development Council ( "TDC ") Grant Application
from the City of Marco Island/Hideaway Beach District for Erosion Control
Structures at Hideaway Beach and if approved make a finding that the
project is in the public interest and authorize all necessary budget
amendments.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
N. Request for reconsideration by Commissioner Henning of Item #9A from
the November 13, 2012 BCC Meeting titled: Recommendation to review
and approve the 2012 combined Annual Update and Inventory Report
(AUIR) on Public Facilities and Capital Improvements Element (CIE)
amendment as provided for in Chapter 6.02.02 of the Collier County Land
Development Code and Section 163.3177(3)(b), Florida Statutes.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
O. Request for reconsideration by Commissioner Henning of Item #12A from
the October 23, 2012 BCC Meeting titled: Recommendation to approve and
authorize the Chairman of the Board of County Commissioners to sign an
Interlocal Agreement relating to establishment of the Gulf Consortium to act
on behalf of Collier County in the implementation of the RESTORE Act
(Resources and Ecosystems Sustainability Tourist Opportunities and
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December 11-12,2012
Revised Economics of the Gulf Coast States Act of 2012).
Approved — 510
P. Request for reconsideration by Commissioner Henning of Item #10C from
the October 23, 2012 BCC Meeting titled: Appointment of member to the
Collier County Planning Commission.
Approved — 4/1 (Commissioner Coyle opposed)
Q. Direct the County Attorney to negotiate a settlement agreement with
Stephen J. Fletcher legal counsel, bring proposed settlement to the BCC.
(Commissioner Henning)
County Attorney to negotiate a settlement agreement with Mr.
Fletcher's Legal Counsel — Approved 3/2 (Commissioner Fiala and
Commissioner Coyle opposed)
R. Direct the County Attorney to seek a Florida Attorney General Opinion
regarding authorized uses of tourist development tax. (Commissioner
Henning)
Motion to approve the revised questions to send to the Attorney General
- Approved 510
Wednesday, December 12, 2012
S. Recommendation to adopt a Resolution repealing Resolution No. 07 -09 in
its entirety so as to remove the requirement for a four - fifths (4/5) vote of the
Board of County Commissioners for approval of certain types of settlement
agreements resolving land use disputes or litigation. (Commissioner
Henning)
Resolution 2012 -264 Adopted - 4/1 (Commissioner Fiala opposed)
Wednesday. December 12, 2012
T. Recommendation to direct the County Attorney to negotiate a settlement
agreement with Jerry and Kimberlea Blocker and bring the proposed
settlement to the Board of County Commissioners for reconsideration.
(Commissioner Henning)
Motion to approve recommendations and County Attorney to bring
back a settlement proposal at the January 8t" BCC Meeting — Approved
3/2 (Commissioner Coyle and Commissioner Fiala opposed)
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December 11-12,2012
U. Request for reconsideration by Commissioner Hiller of Item #11D from the
November 13, 2012 BCC Meeting titled: Recommendation to approve the
final beach access sign renderings for installation throughout the Gulf Shore
Drive corridor for direct public beach access via county easements.
Approved — 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
V. Request for reconsideration by Commissioner Hiller of Item #I IM from the
November 13, 2012 BCC Meeting titled: Recommendation to consider
options for re- structuring the Board Office.
Approved — 4/1 (Commissioner Coyle opposed)
Wednesday. December 12, 2012
W. Recommendation that the Board of County Commissioners accept the
settlement offer presented by Petitioners in DOAH Case No. 12 -495; and,
that the settlement agreement related thereto, as presented herein, be
executed on December 11, 2012 by the Chair of the Board of County
Commissioners on behalf of Collier County. (Commissioner Hiller)
Motion to accept evidence — Approved 4/1 (Commissioner Coyle
opposed); Motion to accept settlement offer with modifications and
bring back after lunch to review — Approved 3/2 (Commissioner Coyle
and Commissioner Fiala opposed); Item tabled until after lunch —
Consensus; Motion to accept the changes of the agreement — Approved
311 (Commissioner Coyle opposed and Commissioner Fiala absent);
Motion to accept the settlement Agreement — Approved 311
(Commissioner Fiala opposed and Commissioner Coyle absent)
Time Certain (Per Agenda Change Sheet)
X. This item to be heard at 2:30 p.m. Recommendation that effective
immediately, Clam Pass be considered part of the ongoing management
responsibilities of the Pelican Bay Services Division ( "PBSD ") including
but not limited to all monitoring components such as biological, tidal, and
hydrographic data collection, and, inlet dredge permitting /construction; that
PBSD, exclusively, shall make recommendations to the Board of County
Commissioners as to when the inlet should be dredged, and make such other
recommendations related to managing the unified Clam Bay system as it
deems necessary; further, that Clam Pass, being an integral part of the Clam
Bay system, is managed as such. This is a companion to Item #10Y.
(Commissioner Hiller)
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December 11-12,2012
Motion to accept evidence presented by Jim Hoppensteadt— Approved
5/0; Motion to accept evidence presented by Ted Raia — Approved 5/0;
Motion to Approve — Approved 3/2 (Commissioner Fiala and
Commissioner Coyle opposed); Motion for Commissioner Hiller to
send email to Linda Elligott with Army Corps of Engineers regarding
dredging permit— Approved 3/2 (Commissioner Fiala and
Commissioner Coyle opposed)
Time Certain (Per Agenda Change Sheet)
Y. This item to be heard at 2:30 p.m. Request for authorization to advertise
an ordinance for future consideration which would amend Ordinance No.
2002-27, as amended, relating to the Pelican Bay Municipal Service Taxing
and Benefit Unit. This is a Companion to Item #10X. (Commissioner
Hiller)
Approved - 3/2 (Commissioner Fiala and Commissioner Coyle opposed)
Wednesday, December 12, 2012
Z. Recommendation that the Board of County Commissioners direct staff to
prepare RFPs for the Collier County General Beach Re-nourishment
construction project to include pricing for sand in 50,000CY increments over
200,000CY up to 500,000CY, to include pricing for both truck hauls and
dredging, to include pricing for such re-nourishment activities outside of and
within turtle nesting season, and include that the offered prices will be fixed
for a period of time at the expiration of which if construction has not
commenced the contract will lapse and be put back out to bid in the future;
that staff further prepare an RFP for Fixed Term Coastal Engineering
services to expand the number of firms available to provide such services to
the county; that these RFPs shall be prepared and publicly advertised during
the months of December and January, respectively. (Commissioner Hiller)
Motion to approve part 2 of the recommendations for the fixed term
contract with Coastal Engineers — Approved 3/1 (Commissioner Fiala
opposed and Commissioner Coyle absent); Motion for staff to put out a
sealed bid that includes recommendations — Approved 3/1
(Commissioner Fiala opposed and Commissioner Coyle absent)
Wednesday, December 12, 2012
AA. Recommendation that the County Attorney be directed to handle all aspects
of the FEMA beach re-nourishment reimbursement denial and de-obligation
appeals on behalf of Collier County; to direct that staff provide the County
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December 11-12,2012
Attorney with all requested information, and to assist his office in any
manner he deems necessary; further, that the County Attorney assess what
civil and/or criminal liability the county may face if the final determination
on appeal is that the county materially misrepresented to the federal
government (by way of overstatement) what the storm related beach re-
nourishment expenses were, and report back to the Board of County
Commissioners. (Commissioner Hiller)
Approved — 4/0 (Commissioner Coyle absent)
Wednesday, December 12, 2012
AB. Recommendation that the Board authorize the County Manager to sign the
attached notice, and that such notice be given to terminate the Red Light
Camera contract between Collier County and ATS, effective February 28,
2013; to direct that all red light cameras be duly removed from all
intersections in accordance with the ATS contract; and, to further direct staff
to investigate and report back to the Board (1) whether traffic lights can be
retimed so drivers will encounter fewer red lights, (2) whether it is
appropriate to increase the duration of the yellow light between the green
and the red, and (3) whether it is appropriate to add or increase the
"clearance" phase to the intersection's traffic signals during which all
directions have a red light, all in the interest of enhancing the public's safety.
(Commissioner Hiller)
Motion to approve and staff to bring back a report on the timing of
traffic lights at the first meeting in February 2013 — Approved 3/2
(Commissioner Fiala and Commissioner Coyle opposed)
Time Certain (Per Agenda Change Sheet)
AC. This item to be heard at 2:30 p.m. Recommendation to direct Turrell, Hall
& Associates, Inc. to prepare a work order under Contract #10-5571 to
update the existing Clam Bay Management Plan to ensure the preservation
of the Clam Bay system and compliance with this preserve's Natural
Resource Preservation Area ("NRPA") designation; and, to establish criteria
as indicators for evaluation of dredging needs for the purpose of maintaining
flushing for the environmental benefit of the Clam Bay system; to present
such work order to the PBSD, the TDC, and the BCC at the first January,
2013 meeting of each of these respective boards. (Commissioner Hiller)
Motion to direct staff to prepare a work order under Contract #10-5571
— Approved 3/2 (Commissioner Coyle and Commissioner Fiala opposed)
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December 11-12, 2012
AD. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Resolution 2012 -256: Appointing Ray Kane and Dan Sansevieri -
Adopted 510
AE. Appointment of member to the Collier County Planning Commission.
No recommendation (Commissioner Hiller)
AF. Appointment of member to the Airport Authority Advisory Board.
Motion to appoint Magda Ayala — Failed 2/3 (Commissioner Hiller,
Commissioner Nance and Commissioner Henning opposed);
Motion to re- advertise with specific qualifications — Approved 3/2
(Commissioner Fiala and Commissioner Coyle opposed)
AG. Appointment of members to the Library Advisory Board.
Resolution 2012 -257: Re- appointing Carla Grieve and Doris Lewis -
Adopted 510
AH. Appointment of members to the Vanderbilt Beach Beautification MSTU.
Resolution 2012 -258: Re- appointing William Sjostrom and Charles
Arthur — Adopted 510
Al. Appointment of members to the Radio Road East of Santa Barbara Blvd.
MSTU.
Resolution 2012 -259: Re- appointing Tom Depouw and Sue Chapin —
Adopted 510
AJ. Appointment of members to the Development Services Advisory
Committee.
Resolution 2012 -260: Re- appointing Robert Mulhere, William Varian,
Dalas Disney, and David Dunnavant and Appointing Eleanor Taft —
Adopted 510
AK. Appointment of member to the Affordable Housing Advisory Committee.
Resolution 2012 -261: Appointing Gerald Murphy — Adopted 510
AL. Appointment of member to the Contractor's Licensing Board.
Resolution 2012 -262: Appointing Ronald J. Doino, Jr. — Adopted 510
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December 11-12,2012
AM. Appointment of member to the Collier County Coastal Advisory Committee.
Motion to appoint Larry Honig — Failed 2/3 (Commissioner Hiller,
Commissioner Nance and Commissioner Henning opposed);
Motion for County Manager to get clarification on qualifications and
bring back at the next meeting — Approved 4/1 (Commissioner Coyle
opposed)
AN. Appointment of member to the Tourist Development Council.
Resolution 2012 -263: Appointing Marco Island Councilman Larry
Sacher — Adopted 510
11. COUNTY MANAGER'S REPORT
A. This item to be heard at 10:00 a.m. Recommendation to award a
construction contract in the amount of $1,109,456.17 (which includes an
allowance of $101,000) to Bonness, Inc. for ITB No. 12 -5947 - "Roadway
Improvements of Immokalee Road (CR846), Valewood Drive (southern
extension) and Autumn Oaks Lane" Project No. 60016.5 (Jay Ahmad,
Director, Transportation Engineering)
Approved — 510
Wednesday, December 12, 2012
B. Recommendation to award Invitation to Bid (ITB) #12 -5982 to Compass
Construction, Inc. in the amount of $1,073,995 for the construction of the
Immokalee South Park Community Center Project #80085 and authorize the
Chairman to execute the attached contract and authorize any necessary
budget amendments. (Barry Williams, Parks and Recreation Director)
Approved - 4/0 (Commissioner Coyle absent)
Time Certain (Per Agenda Change Sheet)
Continued (Per Commissioner Hiller during Agenda Changes)
C. This item to be heard at 4:30n.m. Recommendation to provide direction
relative to reallocation of current Tourist Development Tax funding to
increase destination marketing efforts and the annual accumulation of
reserves for major beach renourishment. (Ed Finn, Sr. Budget Analyst,
Office of Management and Budget)
Time Certain (Per Agenda Change Sheet)
Continued (Per Commissioner Hiller during Agenda Changes)
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December 11-12,2012
D. This item to be heard at 4:30n.m. Recommendation to approve recognition
of additional, uncommitted FYI 2 Carry Forward up to $450,000 and all
necessary budget amendments for additional destination marketing efforts
and Tourism Department staff. (Jack Wert, Tourism Director)
Time Certain (Per Agenda Change Sheet)
E. This item to be heard at 4:30u.m. Recommendation to approve and
authorize the expenditure of Tourist Development Category "A" tax funds
for a Peer Review of the Collier County Beaches volume design by Atkins
North American, Inc. under Contract No. 09- 5262 -CZ for a lump sum
amount of $33,365. (Gary McAlpin, P.E., Coastal Zone Management,
Natural Resources Department, Growth Management Division)
Approved - 3/2 (Commissioner Henning and Commissioner Nance
opposed)
F. Recommendation to deny a lender's offer of settlement in the Code
Enforcement Action entitled Board of County Commissioners vs. Tricia
Jenks, Code Enforcement Case Number CESD20090001470, relating to
property located at 830 3rd Street NW, Collier County, Florida, as contrary
to Resolution 2012 -46. (Diane Flagg, Code Enforcement Director)
Motion to accept staff recommendations — Approved 3/2 (Commissioner
Coyle and Commissioner Fiala opposed)
Wednesday, December 12, 2012
G. This item to be heard at 9:00 a.m. Recommendation to approve proposed
changes that would repeal and replace the Animal Control Ordinance
(Ordinance No. 2008 -51, as amended) and direct the County Manager or his
designee to advertise ordinance changes to be approved by the Board at a
future meeting. (Amanda Townsend, Domestic Animal Services Director)
Staff to bring back the committee recommendations and the County
Attorney to bring back a report after coordinating with Court
Administration regarding fines — Approved 510
Wednesday, December 12, 2012
H. Recommendation to review the County's progress coordinating permitting
and inspection activities with the building industry and the independent fire
districts (Districts) and staff's request for direction on future actions
regarding the same. (Nick Casalanguida, Growth Management Division
Administrator)
Page 16
December 11-12,2012
Continued to a January BCC Meeting (County Manager to determine
date)
Wednesday, December 12, 2012
I. Recommendation to consider the current status of the County's initiative
seeking direct vehicular permanent access from Golden Gate Estates to I -75
and staff s request for direction regarding future initiatives. (Nick
Casalanguida, Growth Management Division Administrator)
Motion to defer 2021 -2026 and bring back for further discussion and
staff prepare a resolution at a future BCC Meeting — Approved 4/0
(Commissioner Coyle absent)
Wednesday, December 12, 2012
J. Recommendation to approve obtaining appraisals (not to exceed $10,000)
for Fifth Third Bank properties located north of the Naples Zoo leased
property. Cost of appraisals will be reimbursed by the Naples Zoo. (Steve
Carnell, Interim Public Services Administrator)
Motion to Continue Indefinitely — Approved 4/0 (Commissioner Coyle
absent)
Wednesday, December 12, 2012
K. Recommendation to review the Growth Management Division's (GMD)
progress implementing an electronic plan submittal and digital plan review
system and further; to authorize one additional Full Time Employee (FTE)
to manage the system. (James French, Director of Operations & Regulatory
Mgmt., Growth Management Division)
Continued to a January BCC Meeting (County Manager to determine
date)
Wednesday, December 12, 2012
Moved from Item #16E2 (Per Commissioner Nance during Agenda Changes)
L. Recommendation to retain from active sales various properties obtained
from Avatar Properties, Inc., that are part of the Gulf American Corporation
(GAC) Land Trust.
Continued to a January BCC Meeting (County Manager to determine
date)
12. COUNTY ATTORNEY'S REPORT
Page 17
December 11-12,2012
Moved from Item #16K1 (Per Agenda Change Sheet)
A. Recommendation to request for authorization to advertise and bring back for
future consideration an ordinance establishing prohibitions to the possession,
provision, sale, or distribution of illicit synthetic drugs in Collier County.
Approved - 510
Wednesday, December 12, 2012
Added (Per Agenda Change Sheet)
B. Notice of Closed Session to discuss Hussey Litigation, January 8, 2013 BCC
Meeting.
Read into the record during Staff and Commission General
Communications
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
Wednesday, December 12, 2012
Moved from Item #16G1 (Per Agenda Change Sheet)
1) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approve the
attached Second Amendment to the Long -Term Ground Lease and
Sub -Lease Agreement with Turbo Services, Inc.
Continued to a January BCC Meeting (County Manager to
determine date)
B. COMMUNITY REDEVELOPMENT AGENCY
Wednesday, December 12, 2012
1) Recommendation that the Board of County Commissioners, Acting as
the Collier County Community Redevelopment Agency (CRA), elect
a Vice Chairman to fill the incomplete term of the vacated office.
Continued to a January BCC Meeting (County Manager to
determine date)
Page 18
December 11-12,2012
2) This item to be heard at 11:00 a.m. Recommendation that the
Community Redevelopment Agency (CRA) reject the sole response to
RFP #12 -5945 and authorize CRA staff to work with the Collier
County Purchasing Department to release a new RFP to procure the
professional services of a real estate firm to market and sell CRA
owned land for development of the approved MPUD.
Approved — 510
Wednesday. December 12, 2012
3) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) to approve the after - the -fact submittal of the attached
Florida Department Of Transportation (FDOT) Highway
Beautification Council grant application to Immokalee CRA/MSTU
seeking grant funding in the amount of $100,000 to support
landscaping and irrigation improvements associated with the
Immokalee Main Street Improvements project in the Immokalee
Central Business District.
Continued to a January BCC Meeting (County Manager to
determine date)
Wednesday, December 12, 2012
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs — Clarification on Items #10I & #10J regarding design
services and permit application conflicts
B. Mr. Klatzkow — Notice given and read into the record the regarding the
time certain shade session for the Hussey and Blocker cases at the
January 8, 2013 Meeting
C. Commissioner Henning — Motion requesting that staff no longer take
anonymous complaints regarding all Code Enforcement and Animal
Control issues — Approved 311 (Commissioner Fiala opposed and
Commissioner Coyle absent)
D. Commissioner Hiller — ATS letter received by Commissioner Fiala from
Sheriff Rambosk not supporting the termination of the red light camera
program entered into the record
E. Commissioner Hiller — Motion to change representative for the Gulf
Consortium from Commissioner Fiala to Commissioner Henning —
Approved 311 (Commissioner Fiala opposed and Commissioner Coyle
absent)
Page 19
December 11-12,2012
F. Commissioner Hiller — Motion to lift the stay on Items #10I and #10J
to not jeopardize funding — Approved 310 (Commissioner Coyle and
Commissioner Henning absent)
G. Motion to adjourn — Approved 3/0 (Commissioner Coyle and
Commissioner Henning absent)
------------------------------------------------------------------------------------------------------------
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 — 510
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Manchester Square, (PL #20110000280) and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the amount of $4,000 to the Project Engineer or
the Developer's designated agent.
A final inspection performed by Engineering Services found
facilities satisfactory and acceptable
2) Recommendation to approve final acceptance of the sewer utility
facility for Manchester Square — Force Main, (PL #20110000915).
A final inspection performed by Engineering Services found
facilities satisfactory and acceptable
3) Recommendation to declare a 0.28 acre parcel of land on Tamiami
Trail East as surplus property, to authorize the conveyance of the
property back to the State of Florida, and to accept the conveyance of
an easement to Collier County and the Collier County Water -Sewer
District. (Estimated Fiscal Impact: None.)
At the intersection with Airport Road and Peters Avenue
4) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution authorizing a speed limit decrease from thirty miles per
hour (30 mph) to twenty -five miles per hour (25 mph) on Danford
Page 20
December 11-12,2012
Street from Bayview Park to Hamilton Avenue at a cost of
approximately $200.
Resolution 2012 -235
5) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution authorizing speed limit changes within Willoughby Acres
and on Piper Boulevard at a cost of approximately $5,625.
Resolution 2012 -236
6) 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 an extension for completion of site improvements associated
with the Site Development Plan (SDP) for Youth Haven, (AR #13286)
pursuant to Section 10.02.03.B.2.g of the Collier County Land
Development Code.
The property owner requested an extension until January 13,
2014
7) 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 Reflection Lakes at Naples, 217
- 219 (PL20120002312).
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
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
approve for recording the final plat of Quarry Coquina Circle,
(PL20120001085), approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
Page 21
December 11-12,2012
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Canwick Cove,
(PL20120001486), approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
10) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Aviano at Naples, AR
#6583 (Balmoral PUD) with the roadway and drainage improvements
being privately maintained and authorizing the release of the
maintenance security and acceptance of the plat dedications.
Resolution 2012 -237
11) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Parcel 111 (AR
#473) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -238
12) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Parcel 112 (AR
#792) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -239
13) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Parcel 113, (AR
#1894) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -240
14) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Unit Two (AR
#295) with the roadway and drainage improvements being privately
Page 22
December 11-12,2012
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -241
15) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Parcel 117 (AR
#7087), with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -242
16) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Mediterra Parcel 120 (AR
#1082) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -243
17) 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 a Release relative to the subdivision improvements associated
with the final plat of Casa Del Vida and return the remaining
maintenance security in the amount of $8,460 to the Casa Del Vida
Homeowner's Association.
Located on 111th Avenue North between Tamiami Trail and
Vanderbilt Drive
18) 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 Prato Way, A Replat of Lots 1
& 2, (FP- PL20120002521). This plat is a re- subdivision of Lots
within the Tuscany Reserve Planned Unit Development (PUD).
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
19) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
Page 23
December 11-12,2012
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Riverstone - Plat Three
(PL20120001441), approval of the standard form Construction and
Maintenance Agreement and approval of the amount of the
performance security.
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
20) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Tuscany Reserve, (AR
#2274) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2012 -244
21) Recommendation to approve and execute documents necessary for the
conveyance of water utility facilities located in the Linwood Way
Right -of -Way to the City of Naples. (Gateway Triangle Stormwater
Pump Station Project #51803).
22) Recommendation to approve the purchase of easements required for
the four - laning of Golden Gate Boulevard between Wilson Boulevard
and Desoto Boulevard. Project No. 60040 (Fiscal Impact: $14,400).
Property located at 4189 Golden Gate Blvd. E. - Folio
#40744240005
23) Recommendation to award Bid #13 -5995 for "SR 951 from the Mc
Llevane Bridge to Jolley Bridge Landscape Maintenance" to
Affordable Landscaping Service & Design, LLC. in the amount of
$59,183.42.
24) Recommendation to approve a Resolution revising the "Construction
Standards Handbook for Work within the Right -of -Way, Collier
County, Florida," in accordance with Ordinance No. 2009 -19, as
amended, so as to allow an adjacent property owner to plant minimal
vegetation enhancements within a right -of -way without obtaining a
right -of -way permit.
Resolution 2012 -245
Page 24
December 11-12,2012
25) Recommendation to recognize the commitment of the prepayment of
road impact fees in the Hammock Park Commerce Centre Developer
Agreement (Agreement) recorded in O.R. Book 4202, Page 675 and
to convert a temporary three year Certificate of Public Facility
Adequacy (COA) into a COA in perpetuity.
Prepayment has been made by the new owner Wilton Land
Company, LLC
26) This item continued from the November 13, 2012 BCC meeting.
Recommendation to execute a License Agreement with the Barefoot
Beach Club Condominium Owners Association, Inc. and The
Conservancy to allow for mangrove trimming and monitoring on
County -owned property in the vicinity of Lely Barefoot Beach.
For approximately 2.64 acres of mangroves
27) Recommendation to authorize the cooperative purchase of Ground
Application Services for Aquatics, Wetland and Terrestrial Vegetation
Control from Applied Aquatics in the estimated annual amount of
$300,000, utilizing the South Florida Water Management District
Contract No. 46000002497.
For fertilization, herbicide and chemical spraying of County
maintained swales and retention ponds
28) Recommendation to accept a schedule to review past staff
clarifications of the Land Development Code (LDC) and to accept
specific Staff Clarifications attached to this Executive Summary.
As detailed in the Executive Summary
29) Recommendation to approve Interlocal Agreement (Agreement) with
the City of Naples and execute documents necessary for the Design
Build Golden Gate Boulevard Bridge Replacements raw water main
relocation. Bridge Repairs/Improvements (Fiscal impact: revenue of
$616,178.75) Project #66066.
Work to be completed by the end of the third quarter of 2013
30) Recommendation to approve the release of lien in the amount of
$207,932.10 for payment of $15,932.10, in the Code Enforcement
Action entitled Board of County Commissioners vs. Graciela Susi,
Code Enforcement Case Number CEPM20080008180, relating to
Page 25
December 11-12,2012
property located at 2130 Morning Sun Lane, Collier County, Florida.
For fines pertaining to no protective barrier surrounding the
swimming pool
31) Recommendation to approve the release of lien in the amount of
$46,081.15 for payment of $21,481.15, in the Code Enforcement
Action entitled Board of County Commissioners vs. Deutsche Bank
National Trust Co., Code Enforcement Case Number
CESD20110013221, relating to property located at 4540 7th Avenue
SW, Collier County, Florida.
For fines pertaining to unpermitted additions
32) Recommendation to approve a permit to conduct the annual St. Agnes
Catholic Church Parish Carnival on January 18th, 19th and 20th, 2013
located at 7775 Vanderbilt Beach Road, in Golden Gate Estates, and
to recommend waiver of the Surety Bond in the amount of $2,500 for
the St. Agnes Catholic Church Carnival.
33) Recommendation to reject all bids for Invitation to Bid (ITB) #12-
5857 Nuisance Abatement Services and extend the awards associated
with previous solicitation #11 -5646 to Neal's Lawn and Landscaping
Maintenance, A & M Property Maintenance, and Walker Exotic Tree
eradication until December 13, 2013 or the award of a new contract
for these services.
34) Recommendation to approve a reduced prorated payment to Better
Roads, Inc. in the amount of $35,907.31, for its paving of Johns Street
and Carlton Street under the County's Annual Resurfacing Contract
#09 -5328, without advance authorization from County staff and prior
to the scheduled resurfacing date for those roads.
35) Recommendation to approve and authorize the Chairman to sign a
Retention Agreement for legal services with FEMA Law Associates,
PLLC pertaining to an appeal concerning the de- obligation of FEMA
funds related to Hurricanes Katrina and Wilma with a request to open
a Purchase Order in an amount not to exceed $20,000.
Added (Per Agenda Change Sheet)
Page 26
December 11-12,2012
36) Recommendation to authorize the partial release of four liens in
relation to four Special Magistrate orders entitled Collier County v.
Timothy Nelson, CEB Case Nos. CENA -2009- 0015974; CEV -2009-
0015983; CESD - 2009 - 0015977, and CEPM- 2009 - 0015979, to release
the liens with respect to 2621 Tarpon Road, Collier County, Florida.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Collier County Community
Redevelopment Agency (CRA) approve the attached Amendment No.
1 to Contract No. 12 -5863 between the CRA and URS Corporation for
CEI Services for the Immokalee Downtown Stormwater
Improvements Project.
Extending this contract until June 21, 2013 in order for the CRA
to add an asphalt overlay component to the project
C. PUBLIC UTILITIES DIVISION
1) Recommendation to terminate the Utility Facilities Reimbursement
Agreement dated February 20, 1996, relating to property located at the
northeast corner of the intersection of Collier Boulevard (CR 95 1) and
Johns Road in Section 23, Township 50 South, Range 26 East, Collier
County.
Termination was requested by the property owner
2) Recommendation to (1) approve the Utility Easement Agreement with
First Choice Storage, L.C. for the acquisition of a Utility Easement to
accommodate improvements to Pump Station 312.21 for a total cost
not to exceed $7,250, Project Number 70046, and (2) accept the
proposed Utility Easement on behalf of the County and direct staff to
record same.
Located off of Tollgate Blvd. — Folio #76885050652
3) Recommendation to approve a Utility and Access Easement for the
acquisition of additional easement area at no cost from ARCFLSV,
LLC, to accommodate improvements to Pump Station 310.01, Project
Number 70046.
Page 27
December 11-12,2012
Property located on Saint Clair Shores Road off Radio Road —
Folio #00293400006
4) Recommendation to approve an amendment to Contract #11 -5752 to
correct an error in the terms and conditions to be in agreement with
the Board - approved amount.
For Licensed Application Software with GE Intelligent Platforms,
Inc.
5) Recommendation to approve the Satisfactions of Lien for the 1994
and 1996 Solid Waste Collection and Disposal Services Special
Assessments where the County has received payment in full
satisfactions of the lien. Fiscal Impact is $38.50 to record the
Satisfactions of Lien.
Resolution 2012 -246
6) Recommendation to approve removing uncollectible accounts
receivable and their respective balances from the financial records of
the Collier County Public Utilities Division in the amount of
$57,481.48.
From October 2006 through January 2008
D. PUBLIC SERVICES DIVISION
1) 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 2011-
2012 as required by the U.S. Department of Housing and Urban
Development (HUD); approve the CAPER Resolution; and authorize
the Chairman to certify the CAPER for submission to HUD.
Resolution 2012 -247
2) Recommendation to approve a resolution indicating the Collier
County Board of County Commissioners' desire to be re- designated as
the Community Transportation Coordinator for Collier County and
requesting the Collier Metropolitan Planning Organization
recommend it be so re- designated to the Florida Commission for the
Page 28
December 11-12,2012
Transportation Disadvantaged.
Resolution 2012 -248
3) Recommendation to authorize the Chairman to execute a Grant
Agreement for the U.S. Department of Housing and Urban
Development (HUD) funded Second Allocation of the Emergency
Solutions Grant (ESG) grant in the amount of $53,219.
To support the homeless prevention/homeless outreach assistance
rapid re- housing assistance component of the grant program
4) Recommendation to enter into a Residential Lease Agreement with
Collier County Sheriffs Deputy Arlo Hagen to reside at Pepper Ranch
Preserve, 6315 Pepper Road, Immokalee, FL 34142.
Having an officer with jurisdictional arrest capability reside on
the property in order to keep watch over the preserve
5) Recommendation to approve Amendment 2 to Contract No. 11 -5753,
Electronic Fareboxes for the Collier Area Transit (CAT) Intelligent
Transportation Systems (ITS) Program to correct technical language
in the agreement, and approve the Software License Agreement
between Fare Logistics Corporation and Collier County with a future
annual fiscal impact of $17,535 after expiration of 5 year warranty
period.
Correcting the reference to the fare media from magnetic to
smart media farecards, the reference to manual probing to
retrieve data to the wireless technology and clarifying warranty
language
Continued to the January 8, 2013 BCC Meeting (Per Agenda Change Sheet)
6) Recommendation to approve two (2) Subrecipient Agreements (first
time homebuyers and foreclosure prevention) in the total amount of
$156,174 for the Community Development Block Grant (CDBG)
projects previously approved for U.S. Department of Housing and
Urban Development (HUD) funding in the 2012 -2013 Action Plan
approved by the Board on July 24, 2012 (Agenda Item No. I IE).
7) Recommendation to approve amendments to specific contract
conditions within seven (7) U.S. Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG)
Page 29
December 11-12,2012
subrecipient agreements for Fiscal Year 2010 -2011 and 2011 -2012.
The changes are in line with HUD guidelines for 24 CFR Part 570
Subpart K language and records retention time frames for both HUD
and State regulations.
Subrecipients affected are: City of Naples —Park Improvements,
David Lawrence Center -Going Green, Guadalupe Center, Collier
County Housing Authority TBRA Administration, Housing
Development Corp. of SW FL, City of Naples - Parking and
Landscaping Improvements and David Lawrence Center -
Generator
8) Recommendation to approve an amendment to authorize specific
reimbursement within the Subrecipient agreement between Collier
County and David Lawrence (DLC) to operate the Collier County
Drug Court Program and authorize the County Manager or his
designee to request a Grant Adjustment Notice (GAN) to initiate a
zero -cost budget amendment to the Drug Court Grant #2010- DC -BX-
0016.
9) Recommendation to approve a one -time exception to the 2011 -2012
Community Development Block Grant (CDBG) agreement between
The Shelter for Abused Women & Children (Shelter) and the Collier
County for an after the fact approval of a sub - contract between the
Shelter and Legal Aid Service of Collier County, and make a
determination of compliance with the terms of the Scope of Services
set forth in Exhibit "A" of the agreement, as well as to amend the
agreement in order to add SubPart K and records retention timeframes
for both the State and HUD regulations and modify the budget. This
amendment will not change the funding level.
Withdrawn (Per Agenda Change Sheet)
10) Recommendation to authorize the execution of grant award for the
construction of additional bus shelters in the amount of $276,000
through the Federal Transit Administration (FTA) Transportation
Electronic Award Management (TEAM) System and authorize the
necessary budget amendment.
11) Recommendation to approve the Resolutions authorizing the submittal
of the Federal Transit Administration Sections 5310 and 5311
Page 30
December 11-12,2012
FY2013/2014 grant applications and applicable documents for
submission to the Florida Department of Transportation (FDOT).
Resolution 2012 -249 (5310)
Resolution 2012 -250 (5311)
12) Recommendation to execute a Joint Participation Agreement (JPA)
between Collier County and the Florida Department of Transportation
to accept a State Transit Service Development Program Grant in the
amount of $237,919 including a local match requirement of
$59,479.75 for the necessary improvements to bus stops in accordance
with the American with Disabilities Act (ADA); approve a resolution
authorizing the Chairman of the Board to sign the agreement; and
authorize the necessary Budget amendments.
Resolution 2012 -251
13) Recommendation to execute an agreement between Collier County
and the Collier County Child Advocacy Council Inc., d/b /a Children's
Advocacy Center of Collier County (CCCAC), for operation of the
Supervised Visitation and Exchange grant funded program via the
Department of Justice (DOJ) on Violence Against Women;
incorporating grantor required adjustments to the application budget
and associated budget narrative, with no change to the total budget
(Fiscal Impact $350,000).
14) Recommendation to approve an after - the -fact amendment between
Collier County and the Area Agency on Aging for Southwest Florida,
Inc. d/b /a Senior Choices of Southwest Florida to reflect additional
grant funding in the amount of $544 for the Nutritional Services
Incentive Program (NSIP) and authorize the Chairman of the Board to
authorize the necessary Budget Amendment.
Received on October 1, 2012 and staff missed the agenda deadline
for the November 13, 2012 BCC Meeting
15) Recommendation to accept receipt of the 2012 Incentive Review and
Recommendations report prior to December 31, 2012, as required by
Section 420.9076(4), Florida Statutes, State Housing Initiatives
Partnership Program (SHIP).
Required every 3 years to report on established policies,
Page 31
December 11-12,2012
procedures, ordinances, land development regulations and the
local Comprehensive Plan
16) Recommendation to approve an after -the fact amendment and
attestation statement between Collier County and the Area Agency on
Aging for Southwest Florida, Inc. d/b /a Senior Choices of Southwest
Florida to reflect a revision in the budget summary page to include 24-
hour respite services for the Community Care for the Elderly
Program.
17) Recommendation to approve an after - the -fact Nutrition Services
Incentive Program (NSIP) contract with Area Agency on Aging for
Southwest Florida, Inc. d/b /a Senior Choices of Southwest Florida and
approve a subsequent budget amendment in the amount of $35,146 for
FY 2013.
Received on October 1, 2012 and staff missed the agenda deadline
for the November 13, 2012 BCC Meeting
18) Recommendation to approve an agreement between the Collier
County Board of Commissioners and the David Lawrence Mental
Health Center, Inc. (DLC) for provision of mandated services, in the
amount of $1,154,200.
Providing behavioral and substance abuse services
19) Recommendation to authorize a budget amendment recognizing
$19,450 in program income revenue generated by affordable rental
properties acquired under the Neighborhood Stabilization Program
(NSP1).
For August through November 2012 rent on 9 properties located
on Gilchrist Street
20) This item continued from the November 13, 2012 BCC meeting.
Recommendation to authorize a budget amendment recognizing
$277,867.36 in program income revenue generated when conveying
properties acquired under the Neighborhood Stabilization Program
(NSPI).
Property located at 4437 54th Ave. NE, 4910 42nd Street NE,
503132nd Avenue SW and 2545 45th Ave. NE
Page 32
December 11-12,2012
Continued Indefinitely (Per Agenda Change Sheet)
21) Recommendation to approve an amendment to the Developer
Agreement with Habitat for Humanity of Collier County, Inc. for the
Neighborhood Stabilization Program 3 (NSP3) to reflect updates to
the US Census Tracts.
22) Recommendation to authorize staff to notify applicant of the County's
cancellation of the "As Is" Contract for Sale and Purchase for a
property in the Neighborhood Stabilization Program (NSP1).
As detailed in the Executive Summary
23) Recommendation to authorize the Parks and Recreation Department
Director to provide a tour of park facilities for any interested citizen
with the purpose of enhancing the public's knowledge of current park
amenities available to the community.
24) Recommendation to approve an after - the -fact amendment between
Collier County and the Area Agency on Aging for Southwest Florida,
Inc. d/b /a Senior Choices of Southwest Florida to reflect a change in
the Home Care for the Elderly (HCE) grant program.
Collier County as lead agency will pay vendors directly for in-
home services and supplies
25) Recommendation to authorize a budget amendment in the amount of
$22,509.47 and recognize revenue generated from case management
and case aid from the Medicaid Waiver program.
For the period of April 20, 2011 through October 5, 2012
26) Recommendation to approve award of Request for Proposal (RFP)
#12 -5856 Services for Seniors to all vendors named herein and
authorize the Chairman to execute associated agreements and
authorize continued services and payment on invoices for contracts
affiliated with the predecessor Contract #09 -5227 until all contracts
are fully executed (estimated fiscal impact $550,000).
27) Recommendation to approve and execute documents necessary for the
conveyance of utility easements on County property located at the
Naples Zoo, 1590 Goodlette -Frank Road, to the City of Naples, at no
cost to the County.
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December 11-12,2012
For potable and irrigation water infrastructure installed on
County property
28) Recommendation to approve a contract amendment and Attestation
Statement between the Area Agency on Aging for Southwest Florida,
Inc. d/b /a Senior Choices of Southwest Florida and Collier County to
extend the grant period by sixty days, approve budget amendments to
reflect estimated funding for the FY 13 Older Americans Act Program
in the amount of $642,226, with local match funding from carry
forward in Services to Seniors Fund 123 in the amount of $64,222.60
and authorize the continued payment of grant expenditures.
For Lead Agency Operations, Congregate Meals, Home Delivered
Meals and Caregiver Support
29) Recommendation to waive the Purchasing Policy and deem
GameTime, Inc a sole source vendor, and authorize the necessary
budget amendment in the amount of $78,919.94 for the purchase of
playground equipment at the Eagle Lakes Park and approve the
cooperative purchase under US Communities contract #110179.
30) Recommendation to reject all bids for Inivitation to Bid (ITB) #13-
5986 Gordon River Greenway Park and re- solicit bids for this project.
Providing additional clarity by revising the project plans,
specifications and bid schedule
31) Recommendation to authorize the Chairman to sign an application
with the Florida Department of Agriculture and Consumer Services
for permits in order to continue the sale of food, ice, and beverages at
Port of the Islands Marina, Cocohatchee River Marina, Goodland
Boating Park Marina, and Caxambas Park Marina at an expense of
$965.
A permit is required to provide these products to the public
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award Request for Proposal (RFP) #12 -5812 Fire
Sprinkler Alarm Testing and Installation to Cintas Corporation No.2,
DBA Cintas Fire Protection and authorize the Chairman to execute the
County's standard agreement.
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December 11-12,2012
Terms for an initial two (2) years with two additional one (1) year
renewal periods
Moved to Item #11L (Per Commissioner Nance during Agenda Changes)
2) Recommendation to retain from active sales various properties
obtained from Avatar Properties, Inc., that are part of the Gulf
American Corporation (GAC) Land Trust.
3) Recommendation to execute the attached Modification to the annual
Emergency Management Preparedness and Assistance Grant (EMPG),
Contract # 13- FG- 86- 09 -21 -01 -078, amending Attachment C (Program
Conditions).
As detailed in the Executive Summary
4) 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
renew the North Naples Fire Control and Rescue District's Certificate
of Public Convenience and Necessity for Advanced Life Support non -
transport services for one year and authorize the Chairman to execute
the Permit and Certificate.
Commencing on January 1, 2013 and expiring on December 31,
2013
5) Recommendation to authorize the purchase of power and cooling
equipment maintenance agreements for County Information
Technology hardware from Insight Public Sector, Inc. for the
County's Schneider Electric (APC) power and cooling equipment in
the amount of $69,709 utilizing U.S. Communities IT Products &
Services Contract #4400001195 (RQ09- 997736 -42B).
6) Recommendation to approve and execute a Fourth Amendment to
Lease Agreement Between Collier County and Collier County Fair
and Exposition, Inc., to provide clarification for events to be
conducted at the Fairgrounds.
Addressing the limitation on amplified sound at the fairgrounds
as well as the shared cost for any maintenance to the sign at the
property
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December 11-12,2012
7) Recommendation to approve the purchase of Group Health
Reinsurance coverage for calendar year 2013 in the amount of
$672,290, a rate increase of 14.6 %.
8) Recommendation to approve the 2012 -2015 Collective Bargaining
Agreement between Collier County and the Collier EMS/Fire
Bargaining Unit, Southwest Florida Professional Firefighters Local
1826, International Association of Firefighters, Incorporated.
As detailed in the Executive Summary
9) Recommendation to approve the renewal of the Lease Agreement
with the Retreat at Port of the Islands LLC for the Ochopee Fire
Control District.
To house employees and equipment until renovations to Fire
Station 61 are completed
10) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period of October 31, 2012 to November 21, 2012
11) Recommendation to acknowledge and approve the transfer of
ownership to Choice Environmental Services of Collier, Inc., a wholly
owned subsidiary of Choice Environmental Services, Inc. which was
recently acquired by Waste Services of Florida, Inc. a wholly owned
subsidiary of Waste Services, Inc., as it relates to Contract #09 -5319
for solid waste, recyclable materials, and yard trash collection
services.
Choice Environment was acquired by Waste Services of Florida
on November 16, 2012
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
Resolution 2012 -252
2) Recommendation to extend Public Financial Management's (PFM)
financial advisory services contract (#08 -5081) for six months to June
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December 11-12,2012
15, 2013 allowing for services to be provided on pending debt
restructuring under consideration by the Finance Committee while
public request for proposals covering a new financial advisory
services contract are solicited.
G. AIRPORT AUTHORITY
Moved to Item #14A1 (Per Agenda Change Sheet)
1) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approve the
attached Second Amendment to the Long -Term Ground Lease and
Sub -Lease Agreement with Turbo Services, Inc.
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 Naples Press Club Luncheon on October 25, 2012. The
sum of $23 to be paid from Commissioner Fiala's travel budget.
Held at the Hilton Hotel, Naples
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Friends of the Library Red, White & Roulette on
November 2, 2012. The sum of $29 to be paid from Commissioner
Fiala's travel budget.
Held at the Waldorf Astoria Naples, 475 Seagate Drive
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the 2012 Golden Gate Citizens of the Year Banquet on
November 13, 2012. The sum of $35 to be paid from Commissioner
Fiala's travel budget.
Held at the Vanderbilt Country Club
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Chamber of Commerce 35th Anniversary
& 2012 Christmas Gala on December 2, 2012. The sum of $75 to be
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December 11-12,2012
paid from Commissioner Fiala's travel budget.
Held at Bistro Soleil,100 Palm Street, Marco Island
5) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on November
15, 2012. The sum of $18 to be paid from Commissioner Fiala's travel
budget.
Held at Hamilton Harbor, 7065 Hamilton Avenue
6) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Wake up Naples; Greater Naples Chamber Honor Collier
County's Finest for Distinguished Public Service at the Naples Hilton
on November 14, 2012. $13 to be paid from Commissioner Hiller's
travel budget.
7) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. She
will attend the Collier County Lodging & Tourism Alliance Holiday
Mixer at the Ritz - Carlton Golf Resort, Naples, FL on December 12,
2012. $10 to be paid from Commissioner Hiller's travel budget.
Located at 2600 Tiburon Drive
8) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Immokalee Chamber of Commerce monthly breakfast
meeting at Roma Havana Restaurant in Immokalee, FL on November
7, 2012. $10 to be paid from Commissioner Coletta's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of October
27, 2012 through November 2, 2012 and for submission into the
official records of the Board.
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December 11-12,2012
2) To obtain Board approval for disbursements for the period of
November 3, 2012 through November 9, 2012 and for submission into
the official records of the Board.
3) To obtain Board approval for disbursements for the period of
November 10, 2012 through November 16, 2012 and for submission
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
November 17, 2012 through November 23, 2012 and for submission
into the official records of the Board.
5) 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 Bristol
Pines Subdivision.
Subdivision located off of Tree Farm Road
K. COUNTY ATTORNEY
Moved to Item #12A (Per Agenda Change Sheet)
1) Recommendation to request for authorization to advertise and bring
back for future consideration an ordinance establishing prohibitions to
the possession, provision, sale, or distribution of illicit synthetic drugs
in Collier County.
2) Recommendation to approve a Mediated Settlement Agreement prior
to trial in the lawsuit entitled Vernon H. Young and Jeanne M. Young
v. Collier County and Wyndemere Homeowners Association, filed in
the Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 11- 834 -CA) which settlement includes relocation of certain
utilities and landscaping on Mrs. Young's property, accept a Utility
Easement from Mrs. Young, and payment of $10,000, and authorize
the Chairman to execute the Settlement Agreement and Release, the
Mediation Agreement, and for the Board to accept the Utility
Easement. Total fiscal impact not to exceed $50,000.
Relating to a sewer system upgrade in 2009
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December 11-12,2012
3) Recommendation to approve a Retention Agreement for legal services
with the law firm of Henderson, Franklin, Starnes & Holt, P.A.
Providing services in the area of labor and employment law
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.
A. This item continued from the November 13, 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. CU- PL20120001757, Mac Business Plaza, a
Resolution of the Board of Zoning Appeals of Collier County, Florida,
providing for the establishment of a Conditional Use in a C -3 zoning district
to allow up to four buildings on four different parcels of up to 15,000 square
feet each of gross floor area in the principal structures for food stores, food
services, personal services, video rentals, or retail uses pursuant to
subsections 2.03.03.C.1.c.10, 2.03.03.C.l.c.16 and 2.03.03.C.1.c.17 of the
Collier County Land Development Code for property located at the
southeast corner of Tamiami Trail East and Barefoot Williams Road in
Section 33, Township 50 South, Range 26 East, Collier County, Florida.
Resolution 2012 -253
B. 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 consider a Resolution of the
Board of Zoning Appeals of Collier County, Florida determining that
Animal Specialty Services — Pet Grooming Only is a comparable and
compatible land use to other permitted uses, and therefore, is a permitted use
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December 11-12,2012
within the Goodlette Corners PUD, as authorized in Section 3.3 of
Ordinance 04 -40. The subject property is located in Section 15, Township
49 South, Range 25 East, Collier County, Florida.
Resolution 2012 -254
C. Recommendation to approve the attached proposed Ordinance to repeal
Ordinance Number 80 -43 to dissolve the Goodland Water District.
Ordinance 2012 -43
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012 -13 Adopted Budget.
Resolution 2012 -255
Continued to the January 22, 2013 BCC Meeting (Per Agenda Change Sheet)
E. Recommendation to adopt an ordinance which would establish limitations,
in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the
sale and/or purchase of secondhand goods (secondhand dealers).
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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December 11 -12, 2012