Recap 03/26/2013 R 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
March 26, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice-Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Vice - Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Chairman
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE
EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE
AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY
THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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March 26,2013
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER"PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Bob Scudieri - Faith Lutheran Church
* Formal acceptance of a book from the Army Corps of Engineers —
Approved 5/0
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Approved and/or Adopted w/changes — 5/0
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B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
Adopted— 5/0
C. Approval of today's regular agenda as amended.
Approved and/or Adopted w/changes — 5/0
D. February 26, 2013 - BCC/Regular Meeting.
Approved as presented — 5/0
E. March 5, 2013 - BCC/Animal Control Ordinance/Traffic Signal
Timing/GMP Electronic Plan Workshop.
Approved as presented — 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating April 2013 as "National Fair Housing Month" in
Collier County. To be accepted by Miguel Villarreal, Vice President/Area
Sales Manager-Residential Mortgage, Fifth Third Bank and staff from
Housing, Human and Veterans Services. Sponsored by Commissioner
Coyle.
Adopted— 5/0
B. Proclamation designating April 2013 as "Water Conservation Month" in
Collier County. To be accepted by Paul Mattausch, Water Department
Director; Steve Messner, Interim Wastewater Department Director; and Lisa
Koehler, Big Cypress Basin Administrator, South Florida Water
Management District. Sponsored by Commissioner Coyle.
Adopted— 5/0
C. Proclamation supporting the mission of the Collier County Community
Garden Initiative in an effort to encourage additional community gardens
and to inspire a love of gardening in children and adults alike. To be
accepted by Annie Alvarez and Vickie Wilson from the Collier County
Parks and Recreation Department, and Brooke Hollander, Katie Vance,
Alyssa Costa, Jim Zimmerman, Luwana Milner and Elsa Martinez
representing the Collier County Community Garden Initiative. Sponsored
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by Commissioner Henning.
Adopted— 5/0
D. Proclamation designating April 7 to April 13, 2013 as "Everglades Week" in
Collier County. To be accepted by Captain Franklin Adams, Master
Naturalist; Brad Cornell, Collier County Audubon Society; Nancy Payton,
Florida Wildlife Federation; Nicole Johnson, Conservancy of Southwest
Florida; Lyle McCandless, Big Cypress Sportsmen's Alliance, Inc.; and
Wayne Jenkins, Collier Sportsman and Conservation Club. Sponsored by
Commissioner Nance.
Adopted— 5/0
5. PRESENTATIONS
A. Presentation of the "Above and Beyond" Award to Collier County
Government by the Department of Defense Committee on Employer Support
of the Guard and Reserve (ESGR), to publicly recognize Collier County for
providing extraordinary support to Florida National Guard and Reserve
service member employees.
Presented
B. Presentation recognizing the winners and finalists of the Laws of Life
Essay/Speech Contest. The Laws of Life Program is a character building
activity that helps young people focus on and develop positive character
traits that lead to a successful citizenship and life.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Ernest Freeman representing Gospel Church of
Hope in Immokalee regarding zoning.
Staff to check with Immokalee CRA for possible assistance with fees
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Bob Krasowski — Beach renourishment projects & turtle nesting season
Item 8 and Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
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8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the January 8, 2013 BCC Meeting
and further continued to the April 23, 2013 BCC Meeting.
Recommendation to approve a "small-scale" amendment to the Golden Gate
Area Master Plan Element of the Growth Management Plan, Ordinance 89-
05, as amended, for transmittal to the Florida Department of Economic
Opportunity. (Adoption Hearing)
Moved from Item#17E (Per Agenda Change Sheet)
B. Recommendation to adopt an ordinance that will establish the position of
Collier County Hearing Examiner.
Ordinance 2013-25: Motion approve the Ordinance as presented and
the County Manager to work with the County Attorney to bring back
the position classification at the April 9, 2013 BCC Meeting for
approval and to advertise the RFP for the hearing officer position —
Adopted 4/1 (Commissioner Coyle opposed)
10. BOARD OF COUNTY COMMISSIONERS
A. Reappointment of members to the Bayshore Beautification MSTU Advisory
Committee.
Resolution 2013-77: Re-appointing Sheila A. Dugan and Robert F.
Messmer— Adopted 5/0
B. Appointment of members to the Pelican Bay Services Division Board.
Resolution 2013-78: Appointing Tom Cravens,John Domenie, Joseph
Chicurel and Scott William Streckenbein in the category of"resident";
Resolution 2013-79: Declaring two (2) remaining vacancies in the
category of"commercial/business/other" — Adopted 5/0
C. Appointment of member to the Collier County Public Safety Authority.
Resolution 2013-80: Appointing Joseph Bernard— Adopted 5/0
D. This item to be heard immediately following Items #13A and #13B.
Recommendation that the Board of County Commissioners direct staff to
meet with the Clerk of Courts to develop an action plan for coordinated
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financial reporting in accordance with Generally Accepted Principles of
Accounting (GAAP) and rules as promulgated by accounting Standards
Boards. Further that staff together with the Clerk, work to eliminate or
reduce as much as practicable duplicate financial functions. This will
facilitate efficient monthly review and comparison by operations
management personnel, and provide usable information to the Board.
(Commissioner Nance)
Motion for Clerk staff and OMB to work together on a proposal to be
brought back - Approved 5/0
E. Recommendation that the Board of County Commissioners direct staff to
solicit proposals to develop and implement targeted improvements to the
County's federal and state grants compliance and administration systems.
The solicitation should be directed to public accounting firms with known
expertise in grants compliance accounting and auditing, including but not
limited to the Big 4 firms. Responses by bidders shall give consideration to
the recommendations for improvements to the existing grant processes and
systems as will be provided by the County's auditors, Ernst & Young. The
request for proposals (RFP) shall be developed and released within 60 days
of receipt of the Ernst & Young assessment report. (Commissioner Hiller)
Approved— 5/0
F. Recommendation that the Board of County Commissioners adopt Chapter III
of Florida Statute 112 in whole, as currently approved by the State
Legislature and as such law may be amended in the future, as the county's
Ethics Ordinance; and, that all ethics provisions in existing county
resolutions and ordinances inconsistent with F.S. 112, Chpt. III be repealed
and replaced by the provisions of F.S. 112, Chpt. III; further, that the County
Attorney be designated the county's Chief Ethics Officer responsible for
ensuring that the ethics provisions adopted by the county are respected, to
provide guidance and opinions to the county's elected officials, staff,
contract employees, advisory board members and contractors/vendors as to
what constitutes ethical conduct consistent with adopted law, and to develop
a code of practices and procedures so that what constitutes ethical conduct is
readily understood - i.e. what constitutes timely disclosure of conflicts. The
Chief Ethics Officer shall also oversee compliance with the State's Sunshine
and Public records laws as applicable to the county, and any other laws, both
federal and state, that obligate the county's elected officials, staff, contract
employees, advisory board members and contractors/vendors to conduct
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themselves in an honest, ethical manner - all in the public's interest. That
the Board direct the County Attorney amend the county's ethics ordinances
and resolutions as provided and prepare a resolution for Board approval
designating the County Attorney as the county's Chief Ethics Officer, for
approval at the second Board meeting in April, 2013. (Commissioner Hiller)
Motion to follow the current guidelines set by State Legislature and the
County Attorney and County Manager to work together to modify the
existing ordinance to incorporate F.S. 112, Chpt. III exempting the
Board of County Commissioners and procurement officials and to bring
back proposed changes for further discussion and subsequent approval
by the Board of County Commissioners — Approved 3/2 (Commissioner
Fiala and Commissioner Coyle opposed); Motion approving the County
Attorney as the Chief Ethics Officer and to incorporate it into the
County Attorney's Ordinance— Approved 3/2 (Commissioner Fiala and
Commissioner Coyle opposed)
To be heard at 11:00 a.m. (Per Agenda Change Sheet)
G. Recommendation that the Board of County Commissioners direct the
County Manager to work with the County Attorney and the Clerk of Courts
to develop a tailored grants program for the benefit of the Victims Advocacy
Organizations ("VAO") in Collier County. These organizations assist
victims that (in one of many worst case scenarios) may end as wards of the
State. In the absence of VAOs, local government would have to make a
direct contribution of local tax dollars to assist such victims. Program
considerations may include but not be limited to: allowing for private
matching gifts that will expand the VAO grant pool, fee based grant
procurement assistance, dedicated county staffing, and a revised approach to
grants administration. In addition, the County Attorney is directed to work
with the Sheriff's Crimes Unit and the VAOs to bolster and/or develop local
ordinances that address crimes against such victims. In combination, the
proposed fiscal and legal direction will serve to help increase the aid and
protection VAOs provide. The hope is that in later years similar programs
can be developed for the benefit of other non-profit organizations in the
county. Staff proposal to be brought back to the Board of County
Commissioners for approval at the second board meeting in May, 2013.
(Commissioner Hiller)
Approved — 5/0
Performance by Naples resident Casey Weston, a 2011 finalist on reality
show "The Voice"
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11. COUNTY MANAGER'S REPORT
Moved to Item #16C3 (Per Agenda Change Sheet)
A. Recommendation to direct the County Manager, or his designee, to give
notice to formally initiate the integration of the Orange Tree Utility
Company into the Collier County Water-Sewer District to provide water and
sewer utilities to Orange Tree Utility customers pursuant to the May 28,
1991, Agreement, as amended, between Orange Tree Utility Company and
Orangetree Associates and the Board of County Commissioners of Collier
County (Board), with the objective of returning to the Board with a proposed
Utility System Integration Agreement. (George Yilmaz, Public Utilities
Administrator)
B. Recommendation to approve the purchase of property insurance effective
April 1, 2013 in the estimated amount of$3,542,000, a decrease of$18,000.
(Jeff Walker, Risk Management Director)
Approved— 5/0
Moved from Item #16A9 (Per Agenda Change Sheet)
C. Recommendation to approve a work order in excess of the Board's $200,000
spending threshold and authorize the expenditure of$48,520 for McGee &
Associates to prepare 100% landscape design plans for the Immokalee
Road/I-75 Interchange.
Approved - 5/0
Moved from Item #16F5 (Per Agenda Change Sheet)
D. Recommendation to establish a new position classification and salary range
assignment for County Commission staff members and a revised budget
allocation format for the BCC Office.
Motion to accept the County Manager's recommendation of pay grade
18 exempt — Approved - 5/0
Moved from Item#16F6 (Per Commissioner Nance during Agenda Changes)
E. Recommendation to approve the proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing efforts
and the annual accumulation of reserves for beach renourishment, authorize
advertisement of the proposed amendments for public hearing, and approve
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the proposed resolution amending the TDT Category "A" Funding Policy.
Resolution 2013-81 Adopted with amended pages - 5/0
Moved from Item #16F7 (Per Commissioner Nance during Agenda Changes)
F. Recommendation to approve three destination marketing positions from
uncommitted FY12 Carry Forward up to $250,000 for additional destination
marketing staff in the Tourism Department, and approve necessary budget
amendments.
Approved - 5/0
Moved from Item #16F1 (Per Commissioner Coyle during Agenda Changes)
To be heard at 4:30 p.m.
G. This item continued from the February 26, 2013 BCC Meeting.
Recommendation to authorize Amendment#2 for Contract#09-5174
Management of Pelican Bay Services to Dorrill Management Group to
increase the number of hours per month, fees and the contract period to
Dorrill Management Group and extend the term for one additional year; and
authorize the Chairwoman to approve the amendment.
Motion to extend the amendment to the contract for another year and to
take back to the Pelican Bay Board to bring back recommendations
regarding future extensions and terms — Approved 4/1 (Commissioner
Coyle opposed)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit
Court regarding Audit Report 2012-10 Economic Development Council —
Review of Public Sector Expenditures.
Presented and discussed
B. This item to be heard immediately following Item #13A. Presentation by
the Clerk of the Circuit Court regarding Audit Report 2012-3 Immokalee
Regional Airport— Fill Dirt.
County Attorney to offer no settlement at the mediation hearing, get the
As-built done with staff to get a least cost approach when getting the
current measurements at the airport and the County Attorney to work
and discuss the RV Park with the USDA — Approved 5/0
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14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Presentation by Airport Authority Executive Director of the Airport
Authority's Plan for Self Sufficiency in response to February 26, 2013
Agenda Item#14A1 directing the Airport Director to bring back a
plan to reduce or eliminate the Annual Fund transfer and to pay back
the County loan.
Motion directing County Staff and Clerk's Staff to work together
to develop a Pro Forma on Mr. Curry's report and to bring the
report back to a future Board Meeting— Approved 3/2
(Commissioner Coyle and Commissioner Fiala opposed)
2) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, make a determination regarding
the renegotiation or extension of the Airport Authority Executive
Director's Employment Agreement with Thomas C. Curry.
(Commissioner Nance)
Motion to extend Mr. Curry's contract to 2014 allowing for
results —Failed 2/3 (Commissioner Hiller, Commissioner Nance
and Commissioner Henning opposed); Motion not to extend Mr.
Curry's contract allowing for the termination of contract—
Approved 3/2 (Commissioner Fiala and Commissioner Coyle
opposed)
B. COMMUNITY REDEVELOPMENT AGENCY
To be heard at 1:15 p.m. (During Agenda Changes)
1) Recommendation for the Community Redevelopment Agency to
approve the sale of five (5) CRA owned mobile home lots to NIAN
Financing Corporation; authorize the CRA Chairman to execute all
documents necessary to facilitate the sale and authorize staff to
deposit the funds received from the sale into the appropriate account.
Approved — 5/0
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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A. Mr. Ochs — Proposed workshop dates and topics
B. Commissioner Nance — Calendar dates for topics
C. Commissioner Fiala— Suggested staff items placed lastly on agenda
D. Commissioner Fiala —Motion to adjourn - Consensus
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 w/changes — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to accept the specific past staff clarifications of the
Land Development Code (LDC) attached to this Executive Summary.
SC-2004-01(Drug Stores in C-3), SC-2003-01 (Side Setbacks in
MH Zoning District), SC-2003-03 (LDC Section 1.5.5 &
Excavations), _ - ! ! ! - - : . _ • . • • • and SC-2001-01
(Fences) — Approved w/changes
2) Recommendation to approve final acceptance of the water utility
facility for Ritz Carlton Hotel PL 20090001409 and to authorize the
County Manager, or his designee, to release the Utility Performance
Security Bond (UPS) and Final Obligation Bond in the total amount
of$5,425.99 to the Project Engineer or the Developer's designated
agent.
Withdrawn (Per Agenda Change Sheet)
3) Recommendation to authorize the release of the Excavation
Performance Bond in the amount of$1,000,000 to the Project
Engineer or the Developer's designated agent for Arthrex at Ave
Maria AR-13095.
4) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Heritage Bay Commons
(Application Number AR-PPL5877) with the roadway and drainage
improvements being privately maintained and authorizing the release
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March 26,2013
of the maintenance security and acceptance of the plat dedications.
Resolution 2013-71
5) Recommendation to authorize staff to advertise an amendment to the
County's Flood Damage Prevention Ordinance (FDPO) to adopt
Letters of Map Change and Physical Map Revisions that have been
approved by the Federal Emergency Management Agency (FEMA)
and establish revisions to the effective Digital Flood Insurance Rate
Map (DFIRM).
6) Recommendation to authorize the Clerk of Courts to release a
Performance Bond in the amount of$75,000 which was posted as a
development guaranty for work associated with Lee County Electric
Company (LCEC) sub-station, (Application Number AR-13608).
Performance Bond#09-BD-002-12-001
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 Arthrex at Creekside - Tract
"A", Application Number FP-PL20130000261.
The Developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of the final approval letter
8) Recommendation to approve the release of lien in the amount of
$314,557.86 for payment of$807.86, in the Code Enforcement Action
entitled Board of County Commissioners vs. Naples Property
Services, LLC, Code Enforcement Case Number 2007050653,
relating to property located at 865 95th Ave N, Collier County,
Florida.
Fines relating to multiple structures with interior and exterior
alterations without permits that were brought into compliance on
December 12, 2012
Moved to Item #11C (Per Agenda Change Sheet)
9) Recommendation to approve a work order in excess of the Board's
$200,000 spending threshold and authorize the expenditure of$48,520
for McGee & Associates to prepare 100% landscape design plans for
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March 26,2013
the Immokalee Road/I-75 Interchange.
10) Recommendation to approve award of Invitation To Bid ITB No. 12-
5936R Beach Maintenance Activities to Eastman Aggregate
Enterprises, LLC for an as-needed contract for emergency beach
maintenance services, authorize the Chairman to sign the County
Attorney's approved contract, and make a finding that this activity
promotes Tourism.
11) Recommendation to consider the developer's request to release a PUD
Commitment within the Tuscany Reserve PUD.
Both Staff and the Developer (Talis Park) agree the commitment
is no longer necessary
Continued to the April 9, 2013 BCC Meeting (Per Agenda Change Sheet)
12) Recommendation to approve and authorize the Chairwoman to
execute a Promotional Fund Private Grant Agreement in the amount
of$500,000 for the County's artificial reef program, accept donated
professional services from Turrell, Hall and Associates Inc., and
approve any necessary budget amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency (CRA) approve a budget
amendment authorizing the Immokalee Community Redevelopment
Agency to commit $61,087 of CDBG Grant Award#B-12-UC-12-
0016 for FY2012-2013, Job Creation Project, to Fund 715 for the
Immokalee Business Development Center (IBDC).
To pay for the Center Manager's salary during the transition
period
2) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Collier County Community
Redevelopment Agency (CRA) approve the selection committee
rankings and authorize entering into negotiations with CDM Smith,
Inc., for a contract related to Request for Proposal Number 13-5988,
"Immokalee Stormwater Improvements - Phase II."
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For drainage and sidewalk improvements along certain streets
within the Immokalee CRA
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve the Satisfactions of Lien for the 1991,
1992, 1993, 1994, 1995 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 $97 to record
the Satisfactions of Lien.
Resolution 2013-72
2) Recommendation to approve and execute a Notice of Promise To Pay
and Agreement To Extend Payment of Wastewater System Impact
Fees with David K. and Cheryl L. Boot, in the amount of$3,220, with
estimated interest of$571.25.
Property located at 346 Cypress Way West, Parcel
#00 94800005 #00159480005 (Per Agenda Change Sheet)
Moved from Item #11A (Per Agenda Change Sheet)
3) Recommendation to direct the County Manager, or his designee, to
give notice to formally initiate the integration of the Orange Tree
Utility Company into the Collier County Water-Sewer District to
provide water and sewer utilities to Orange Tree Utility customers
pursuant to the May 28, 1991, Agreement, as amended, between
Orange Tree Utility Company and Orangetree Associates and the
Board of County Commissioners of Collier County (Board), with the
objective of returning to the Board with a proposed Utility System
Integration Agreement. (George Yilmaz, Public Utilities
Administrator)
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve and authorize the Chairwoman to
execute the Parks and Recreation Department Summer Food Service
Agreements to authorize Collier County to be a sponsor and operate
the 2013 Summer Food Service Program at designated recreation
camps. (Net Fiscal Impact $16,970.54)
Providing breakfasts and lunches during the summer for those
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March 26,2013
children that are unable to go to the sites offered by the School
Board
2) Recommendation to authorize a waiver to the Land Development
Code (LDC) Section 9.03.02 G for the County owned properties
located at 5318-5340 Gilchrist Street to allow for needed
rehabilitation and repair in order to eventually dispose of the
properties from County ownership.
Estimated work will exceed the 12 month restriction in order to
complete the work
3) Recommendation to authorize a budget amendment recognizing
$64,822.16 in program income revenue generated by properties
acquired under the Neighborhood Stabilization Program (NSP1).
Revenue from December through February rent for properties on
Gilchrist Street, Naples
Withdrawn (Per Agenda Change Sheet)
4) Recommendation to approve one (1) release of lien for Affordable
Housing Density Bonus Agreement for an affordable housing unit
sold which is no longer subject to the terms of the agreement.
5) Recommendation to approve Modification#9 to a Subgrant
Agreement between the Florida Department of Economic Opportunity
(DEO) and Collier County, Disaster Recovery Initiative Grant
Agreement#07DB-3V-09-21-01-Z01, to reinstate and extend the
grant agreement, expand one project at Hatcher's Preserve, initiate a
new corresponding subrecipient agreement with Empowerment
Alliance of Southwest Florida Community Development Corporation,
recognize program income and approve a budget amendment.
To continue providing affordable housing to people in Immokalee
affected by storm related damage from the 2005 hurricane season
6) Recommendation to approve a Subrecipient Agreement with the
Collier County Community Redevelopment Agency - Immokalee in
the amount of$61,087 for a Community Development Block Grant
(CDBG) award.
To begin expenditure of the FY 12-13 HUD allocations in order to
support the Immokalee Business Development Center
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March 26,2013
7) Recommendation to terminate Contract #08-5128 - Pharmacy
Services with Sunshine Pharmacy, Inc., and ratify Contract#13-6053
Pharmacy Services with Woolley's Pharmacy, Inc., from February 1,
2013 through April 13, 2014.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to reconsider retaining properties from active sales
obtained from Avatar Properties, Inc., that are part of the Golden Gate
Estates Land Trust.
8.93 acres available, Unit 78, Tract 116 and Unit 93, Tract 48
2) Recommendation to approve and execute the document necessary to
convey an easement on County property at the Collier County
Landfill, located at 3730 White Lake Boulevard, Naples, FL, to
FP&L.
To install electric infrastructure
3) Recommendation to approve a Memorandum of Agreement between
the State of Florida Department of Health and Emergency Medical
Services as the CHEMPACK Cache Location for the purpose of
responding to acts of chemical emergencies posing a public health
crisis.
Providing secure storage for CHEMPACK Cache, needed for
responding to acts of chemical terrorism and other emergencies
posing a public health crisis
4) Recommendation to terminate Contract#12-5845, Countywide
Chemicals, with Tanner Industries, Inc., as a primary supplier of
ammonia for the Collier County Water Department.
Due to the company's unwillingness to agree to standard county
contract terms and conditions
5) Recommendation to approve and authorize the acceptance of a
Volunteer Fire Assistance Grant Award in the amount of$1,260 to
purchase Class A Foam for the Isles of Capri Fire Rescue District and
authorize all necessary budget amendments (local match $1,260).
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March 26,2013
F. COUNTY MANAGER OPERATIONS
Moved to Item #11G (Per Commissioner Coyle during Agenda Changes)
1) This item continued from the February 26, 2013 BCC Meeting.
Recommendation to authorize Amendment#2 for Contract#09-5174
Management of Pelican Bay Services to Dorrill Management Group
to increase the number of hours per month, fees and the contract
period to Dorrill Management Group and extend the term for one
additional year; and authorize the Chairwoman to approve the
amendment.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
Resolution 2013-73
3) Recommendation to approve FY14 Tourist Development Council
(TDC) Grant Applications for Category B and C-2 and authorize the
Tourism Director to work with a selection committee to review the
grant applications prior to presentation to the TDC.
As detailed in the Executive Summary
4) Recommendation to approve Natural Resources Department Director
William Lorenz as second Alternate to represent Collier County at the
monthly Consortium meetings held in Gulf coastal counties as part of
the RESTORE Act.
Moved to Item #11D (Per Agenda Change Sheet)
5) Recommendation to establish a new position classification and salary
range assignment for County Commission staff members and a
revised budget allocation format for the BCC Office.
Moved to Item #11E (Per Commissioner Nance during Agenda Changes)
6) Recommendation to approve the proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing
efforts and the annual accumulation of reserves for beach
renourishment, authorize advertisement of the proposed amendments
for public hearing, and approve the proposed resolution amending the
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March 26,2013
TDT Category "A" Funding Policy.
Moved to Item#11F (Per Commissioner Nance during Agenda Changes)
7) Recommendation to approve three destination marketing positions
from uncommitted FY12 Carry Forward up to $250,000 for additional
destination marketing staff in the Tourism Department, and approve
necessary budget amendments.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
February 28, 2013 through March 6, 2013 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of March
7, 2013 through March 13, 2013 and for submission into the official
records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement and Release prior to trial in the
lawsuit entitled John W. Staley and Elizabeth E. Staley v. Board of
County Commissioners, filed in the Twentieth Judicial Circuit in and
for Collier County, Florida (Case No. 11-2962-CA) for the sum of
$20,000.
Relating to a vehicle accident that happened on November 15,
2008
2) Recommendation to approve a Mediated Settlement Agreement in the
sum of$70,000 and direct the County Attorney to file all documents
necessary to end with prejudice the lawsuit styled Nyankadau Korti v.
Collier County Board of County Commissioners, Case No. 11-3710-
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March 26,2013
CA, pending in Collier County Circuit Court (Fiscal Impact: $70,000).
Relating to a former employee's complaint regarding the reason
for his separation of services in April 2010
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 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 AVESMT-
PL20120002638, to disclaim, renounce and vacate the County and the
Public interest in a portion of the 30-foot easements for public road right-of-
way as recorded in Official Record Book 3537, page 1017, Official Record
Book 764, page 1667 and Official Record Book 166, page 752, of the Public
Records of Collier County, Florida, being a part of Section 34, Township 48
South, Range 26 East, Collier County, Florida, being more specifically
shown in Exhibit A.
Resolution 2013-74
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 approve Petition VAC-
PL20120002668, to disclaim, renounce and vacate the County and the
Public interest in a portion of a 15-foot wide Drainage Easement, being a
part of Lots 77 and 78, Quail West Phase III, Unit 7, Plat Book 46, Pages 89
through 102 of the Public Records of Collier County, Florida, being a part of
Section 8, Township 48 South, Range 26 East, Collier County, Florida, more
specifically shown in Exhibit A and to accept the Grant of Drainage
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March 26,2013
Easement to replace the vacated Drainage Easement.
Resolution 2013-75
C. This item continued from the March 12, 2013 BCC meeting then further
continued to the April 9, 2013 BCC meeting. This item requires that ex
pane 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 VAC-PL20120002564, to disclaim,
renounce and vacate the County and the Public interest in a portion of the
Upland Recreational Open Space Easement (U.R.O.S), being a part of Tract
"S" of Embassy Woods Golf and Country Club at Bretonne Park, Phase
One, Plat Book 17, Pages 47 through 49 of the Public Records of Collier
County, Florida, being a part of Section 5, Township 50 South, Range 26
East, Collier County, Florida, more specifically shown in Exhibit A and to
approve the Grant of Easement to replace the vacated U.R.O.S. easement.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
Resolution 2013-76
Moved to Item #9B (Per Agenda Change Sheet)
E. Recommendation to adopt an ordinance that will establish the position of
Collier County Hearing Examiner.
18. ADJOURN
Motion to adjourn - Consensus
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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March 26,2013