Recap 04/23/2013 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
April 23, 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 Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; CRAB Vice-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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April 23, 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
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
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Adopted — 5/0
C. Approval of today's regular agenda as amended.
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Approved and/or Adopted w/changes— 5/0
D. March 26, 2013 BCC/Regular Meeting.
Approved as presented — 5/0
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Pedro Montero, Pelican Bay Services
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating May, 2013 as Lupus Awareness Month in Collier
County. To be accepted by Jill Giles, Christina Kuseck and Jessica
Kirschenbaum, Lupus Foundation of America, Florida Chapter. Sponsored
by Commissioner Hiller.
Adopted — 5/0
B. Proclamation designating May, 2013 as Trauma Awareness Month in Collier
County. To be accepted by Kathy Wecher, Trauma Outreach Coordinator,
Lee Memorial Trauma Center. Sponsored by the Board of County
Commissioners.
Adopted — 5/0
C. Proclamation designating the week of April 22, 2013 as the 33rd
Anniversary of Know Your County Government Week in Collier County.
To be accepted by Autumn Armego-Finger, Naples High School; Janna
Donofrio, Barron Collier High School; Astria Mendieta, Corkscrew Baptist;
and Jose Rocha, Golden Gate High School. Sponsored by Commissioner
Nance.
Adopted — 5/0
D. Proclamation recognizing the 90th Anniversary of the creation of Collier
County on May 8, 1923. To be accepted by Ron Jamro, Museum Director,
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Collier County; and Marilyn Mathes, Library Director, Collier County.
Sponsored by the Board of County Commissioners.
Adopted — 5/0
E. Proclamation designating May 4-12, 2013 as Tourism Week in Collier
County. To be accepted by Jack Wert, Director, Collier County Tourism
Department. Sponsored by Commissioner Henning.
Adopted — 5/0
F. Proclamation recognizing April 27, 2013 as Dottie Weiner Day. To be
accepted by Dottie Weiner; Cindy Love, CEO, Marco YMCA; Tiffany
Homuth, YMCA Board President; Steve Reynolds, Marketing Director,
Marco YMCA; and Leslie Drake, Community Development Coordinator,
Marco YMCA. Sponsored by Commissioner Fiala.
Adopted — 5/0
G. Proclamation designating April 23, 2013 as Lazaro Arbos Day in Collier
County. To be accepted by Lazaro Arbos. Sponsored by the Board of
County Commissioners.
Adopted — 5/0
5. PRESENTATIONS
A. Recommendation to recognize Brenda Reaves, Contracts Technician,
Purchasing Department, as Employee of the Month for March, 2013.
Presented
B. Presentation to acknowledge Collier County's #1 ranking in the State of
Florida for job growth. On April 3, 2013, Florida Governor Rick Scott
recognized Collier County for having the fastest annual job growth rate in
Florida for 2012.
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Brett Cohan — Comments regarding the Whippoorwill Lane/Marbella
Lakes Drive Extension Project
B. Jerri Newhouse— Regarding Item #8A, the Wahl's appeal to the BZA
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April 23, 2013
C. Charles Menard—Accountability for EMS response time
D. Marcia Cravens—Naples Daily News inaccurate reporting
E. John Rogers — Absent
F. Randy Cohen —Absent
G. Daniel Burgeson —Absent
H. Barbara Burgeson - Absent
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to consider Fred and Marci
Wahl's appeal to the Board of Zoning Appeals of a decision of the Collier
County Planning Commission in denying Petition BDE-PL20120001428
that requested a 21.5-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 total protrusion of 41.5 feet for a boat lift on the east side of
a boat dock facility in an RSF-4 zone on property described as Lot 11, Isles
of Capri Number 1 Subdivision, in Section 5, Township 52 South, Range 26
East, in Collier County, Florida. [Petition ADA-PL20130000004]
Motion to Deny— Failed 2/3 (Commissioner Hiller, Commissioner
Nance and Commissioner Henning opposed); Motion to approve appeal
(meets primary and secondary criteria) —Approved 3/2 (Commissioner
Fiala and Commissioner Coyle opposed):
Resolution 2013-98 Adopted - 3/2
Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. This item continued from the March 12, 2013 BCC Meeting then further
continued from the April 9, 2013 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. Recommendation to approve Petition VAC-PL20120002564, to disclaim,
renounce and vacate County and Public interest in a portion of the Upland
Recreational Open Space Easement (U.R.O.S), being a part of Tract "S" of
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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 approve
the Grant of Easement to replace the vacated U.R.O.S. easement.
Resolution 2013-99 Adopted — 5/0
Moved from Item #17D (Per Commissioner Henning during Agenda Changes)
B. Recommendation to approve and adopt proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing efforts
and the annual accumulation of reserves for beach renourishment; authorize
the Chairwoman to execute the Ordinance amendments; and approve all
necessary budget amendments. Approval of this Amendment requires a
super-majority vote.
Ordinance 2013-30 Adopted — 5/0; Future workshop for Museum
operations requested
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of a member to the Vanderbilt Beach Beautification MSTU
Advisory Committee.
Resolution 2013-100: Appointing Mark S. Weber for a term expiring
November 13, 2013 —Adopted 5/0
B. Reappointment of members to the Conservation Collier Land Acquisition
Advisory Committee.
Resolution 2013-101: Reappointing Clarence S. Tears, Jr. (Ecology,
Environmental/Conservation, Agricultural/Business and Land
Appraisal category) and John H. Burton (Environmental/Conservation,
Educational, Agricultural/Business and Real Estate/Land Acquisition
category) with terms expiring February 11, 2016 —Adopted 5/0
C. Reappointment of a member to the Immokalee Enterprise Zone
Development Agency.
Resolution 2013-102: Reappointing Edward "Ski" Olesky for a term
expiring April 4, 2017—Adopted 5/0
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D. Recommendation to direct staff to bring back proposed locations within
Collier County to develop a facility to be used for radio-controlled airplanes,
boats and cars. (Commissioner Fiala)
Motion for County Manager to look into possible locations within the
County and for the Airport Director to discuss with the Airport
Authority about re-establishing these activities —Approved 5/0
Time Certain 10:30 a.m. and immediately followed by Item #10H (Per Agenda
Change Sheet)
E. Discussion of the Clerk of Court's audit of the Blocker's legal fees in
reference to the settlement agreement. (Commissioner Coyle)
Presented and discussed; Motion that all Officers of HOME provide the
County Manager the documentation by Friday, April 26, 2013 and the
County Manager to in turn provide them to the County Clerk for
auditing. If the documentation isn't provided, the County Manager is to
report to the BCC at the next BCC Meeting—Approved 5/0
Time Certain 2:00 p.m. (Per Agenda Change Sheet)
F. Recommendation that the Board of County Commissioners execute a fixed
term lease with Fletcher Flying Service Inc. ("Fletcher") at the Immokalee
Airport for his currently occupied bulk hanger, storage unit and staging area;
that the lease be the Board adopted standard lease contract, to further include
the following provisions: (a) the term shall be for 10 years; (b) the current
rate be subject to annual adjustments indexed to the CPI; (c) that in the event
the spaces leased by Fletcher are needed for airport development, that
Fletcher will be provided with equivalent facilities/land at the Immokalee
Airport under the same terms and conditions of this lease; (d) that Fletcher
will be responsible for routine repairs and maintenance of the leased
premises, and, that the county will remain responsible for any repair or
improvement that extends the life of the leased premises (capital
improvements); (e) that Fletcher's invitees are granted airport access on
the same terms and conditions as all other invitees to the airport; (f) that
Fletcher's airport activities are videotaped to the same degree as all other
tenants and invitees are videotaped, and not more; (g) that Fletcher be
allowed to hot fuel his planes as would be allowed at similarly situated rural
airports, on reasonable terms, requiring Fletcher to comply with all
applicable hot fuel security standards; (h) that Fletcher be allowed to land on
designated grassed areas of the airport as approved by the Board of
Commissioners, as was permitted until most recently and as is typical for
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April 23,2013
similarly situated rural airports; (i) that any complaint intended to be filed
with outside agencies by airport management against Fletcher must first be
approved by majority vote of the Board of Commissioners. That the
proposed lease be drafted by the County Attorney to include provisions, as
listed and executed by the County by April 26, 2013. (Commissioner Hiller)
Motion to have Commissioner Henning, County Attorney, Mr. Curry,
Mr. Fletcher and his attorney to work together and bring back a lease
agreement at the second meeting in May—Approved 4/1 (Commissioner
Coyle opposed)
G. Recommendation that the Board of County Commissioners request that staff
prepare and release an RFP for professional real estate services so the county
shall have standing contracts with both commercial and residential
brokerage and property management firms, to assist the county with the
purchase, sale, lease and management of the county's significant real estate
holdings. The contracts shall be for a two year term. It is recommended 2
commercial and 2 residential brokerage/property management firms shall be
selected by the Board from among applicants. The list of all applicants, to
include staff's recommendation of the top ten firms, shall be presented to the
Board for final selection and approval at the second public Board meeting in
June, 2013. Establishing such contracts for the county's benefit is in line
with the county's existing practice of standing contracts with professionals
such as engineers and appraisers, providing assistance and supplementing
staff initiatives without the need to hire additional full time personnel.
Nothing shall preclude the county from contracting with other real estate
brokerage/management firms should the need arise, i.e., need for specialized
knowledge as to a specific project. (Commissioner Hiller)
Motion to approve with inclusion of expertise in industrial (using the
current methodology) —Approved 4/1 (Commissioner Coyle opposed)
To be heard immediately following Item #10E (Per Agenda Change Sheet)
H. Recommendation that the Board of County Commissioners develop a
protocol for the presentation of the Clerk's audits to the board, which is both
acceptable to the Clerk of Courts and the County Manager. To date, the
Clerk has presented his audits to the Board of Commissioners without the
Board having the ability to review the audit findings or staff responses ahead
of the Clerk's public presentation. The Board is left unable to be responsive
during these presentations. Further, staff is not being invited to present their
responses concurrently, leaving the Board unable to determine if concerns
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raised have been resolved. To avoid the above, it is essential that a protocol
be established. Such a protocol will benefit the Board, the Clerk and staff
while ensuring the public is fully informed as to both audit findings and the
implemented solutions. That the Board directs the Chair to work with the
Clerk and County Manager to develop such a protocol and bring the protocol
back to the Board for final approval. (Commissioner Hiller)
Motion for Commissioner Hiller to work with County and Clerk's staff
to develop the protocol and procedures —Approved 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to authorize the advertisement of an ordinance for future
consideration which would amend Ordinance No. 76-48, as amended, to
permit dogs on leashes within designated county parks. (Barry Williams,
Parks and Recreation Director)
Approved — 5/0
B. Recommendation to authorize the advertisement of an ordinance for future
consideration which would repeal and replace Ordinance No. 93-72, as
amended, in order to establish a new "Collier County Administrator's
Ordinance." (Leo Ochs, County Manager)
Approved — 4/1 (Commissioner Coyle opposed)
12. COUNTY ATTORNEY'S REPORT
A. Request for authorization to advertise an ordinance for future consideration
which would amend Ordinance No. 2003-53, as amended, the "Collier
County Ethics Ordinance."
Approved w/changes —3/2 (Commissioner Fiala and Commissioner
Coyle opposed)
Moved from Item #16K3 (Per Agenda Change Sheet)
B. Request for authorization to advertise for future consideration an ordinance
to be known as the "Collier County Attorney's Ordinance."
Approved as Amended —3/2 (Commissioner Fiala and Commissioner
Coyle opposed)
13. OTHER CONSTITUTIONAL OFFICERS
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Withdrawn (Per Agenda Change Sheet)
A. . • ' • - . . • :!! . . Presentation by the Clerk of the Circuit
Court's Office regarding Audit Report 2011-3 Freedom Memorial.
Withdrawn (Per Agenda Change Sheet)
B. • ' • - . . • : : . Presentation by the
Clerk of the Circuit Court of audit report 2012-6 Housing, Human, and
Veteran Services -- Disaster Recovery Initiative Grant.
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager—Amount of Anonymous complaints for Code
Enforcement being received through BCC Office; Advisory Board
Minutes being filed directly with the Clerk office; July Meeting
scheduled for the 9th and no meeting on July 23rd; Reminder of
Workshop Meeting May 7th; Increasing staff in Growth Management
B. County Attorney—Increase in business for Growth Management
C. Commissioner Fiala— Putting results of the discussions between Isles of
Capri Fire and East Naples Fire Control regarding consolidation on a
meeting in May; Marco Island would like to add second ambulance, at
least during season
D. Commissioner Nance— Working with Nick Casalanguida regarding
unpaved roads in the County
E. Commissioner Henning— Press release regarding the lowering of permit
fees; Using LAP funds for improvements to existing Affordable Housing
upgrades/repairs; Naples Daily News articles regarding campaign
contributions
F. Commissioner Hiller— Thanking staff for working on updating
ordinances
G. Adjournment - Consensus
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16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/Changes — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the sewer utility
facility for Lowes of South Naples, PL-20100001862 and to authorize
the County Manager, or his designee, to release the Utilities
Performance Security Bond (UPS) in the amount of$11,221 to the
Project Engineer or the Developer's designated agent.
A final inspection for material defects and workmanship has been
conducted by staff and the facility was found to be acceptable
2) Recommendation to approve final acceptance of the water utility
facilities for Lowes of South Naples, Phase 1 PL-20100000653,
Phase 2 PL-20100001826, Phase 3 PL-201000001843 and to release
the Utilities Performance Security Bond (UPS) in the total amount of
$23,243.68 and Final Obligation Bond of$4,000 to the Project
Engineer or the Developers Designated Agent.
A final inspection for material defects and workmanship has been
conducted by staff and the facility was found to be acceptable
3) Recommendation to approve the use of State of Florida contracts ITB-
DOT-09/10-9027 and 10/11-9024-LG and waive formal competition
for standardized traffic operations equipment replacement, repairs and
service for multiple vendors.
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
approve for recording the final plat of Parcel 'A' at Gateway Shoppes,
Application Number FP-PL20130000159.
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Developer must have a Certificate of Adequate Public Facilities
prior to the issuance of a final approval letter or plat recordation
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve an extension for completion of subdivision improvements
associated with the Reflection Lakes at Naples Phase 3G subdivision
(AR-7776) pursuant to Section 10.02.05 B.11 of the Collier County
Land Development Code.
Developer has paid fees 2-years of extensions and currently has a
performance bond in place to guaranty completion of the
required improvements
6) Recommendation to authorize the use of State of Florida Contract
#490-000-12-ACS, Fisher Scientific, for the continued purchase of
laboratory supplies to continue to provide analytical services for the
Natural Resource Pollution Control Laboratory.
Data collected is used to evaluate long term trends, identify water
quality problems and asses the groundwater protection program
7) Recommendation to reject all bids for Invitation to Bid (ITB) #12-
5886 for Right-of Way and Median Mowing; and authorize staff to
issue a modified ITB.
Contract #09-5173 has been extended until October 10, 2013 while
staff reworks the solicitation and issues a new ITB
With Changes to the Executive Summary (Per Agenda Change Sheet)
8) Recommendation to approve a Wall Construction Agreement between
the Eagle Creek of Naples Condominium Association, Inc., and
Collier County as an integral part of the US-41/Collier Boulevard
Intersection Improvement Project#60116. (Fiscal Impact: $211,620)
As detailed in the Executive Summary
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearin2 be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Bent Creek Preserve,
(PL201200001267) approval of the standard form Construction and
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Maintenance Agreement and approval of the amount of the
performance security.
W/Stipulations
10) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Cabreo at Mediterra (AR-
8780) with the roadway and drainage improvements being privately
maintained and authorizing the release of the maintenance security
and acceptance of the plat dedications.
Resolution 2013-90
11) Recommendation to accept the specific past staff clarifications of the
Land Development Code (LDC) attached to this Executive Summary.
As detailed in the Executive Summary
12) Recommendation to approve and authorize the Chairwoman to sign
a Joint Participation Agreement with Florida Department of
Transportation (FDOT) to receive reimbursement for construction to
install landscape development improvements of unpaved areas within
the right-of-way of I-75 at the Immokalee Interchange; to execute a
Resolution memorializing Board action; and, authorize the necessary
budget amendment. (F.M. No. 433809-1-58-01, Project#33257)
Resolution 2013-91
13) Recommendation to approve and authorize the Chairwoman to sign
a Joint Participation Agreement with Florida Department of
Transportation (FDOT) to receive reimbursement in the amount of
$12,051,849 for construction services on the FDOT resurfacing
project on SR951 from Fiddler's Creek Parkway to South of SR90
(US41), along with the County's US-41 and SR/CR-951 intersection
project; to execute a Resolution memorializing the Board action and
authorize all necessary budget amendments.
Resolution 2013-92
14) Recommendation to increase the awarded amount for Bid #11-5760,
Traffic Signs and Related Material, awarded to multiple vendors, from
an estimated $75,000 in FY11/12 to $150,000 for FY12/13 and
subsequent years remaining on the contract.
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To meet Federal compliance requirements with the contract,
scheduled for re-solicitation in the fall of 2015
15) Recommendation to approve the release of lien in the amount of
$79,581.15 for payment of$531.15, in Code Enforcement Action
entitled Board of County Commissioners vs. Steven T. Hovland &
Melanie Ann Hovland, Code Enforcement Case Number
CESD20100019758, relating to property located at 7850 Friendship
Lane, Collier County, Florida.
For constructing a shed and a garage conversion without permits
on property brought into compliance by owners on April 4, 2013
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation the Community Redevelopment Agency (CRA)
amend an existing Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant by clarifying the
completion date of construction of commercial building
improvements to be October 25, 2012. (4097 Bayshore Drive, fiscal
impact: $0)
2) Recommendation the Board of County Commissioners (BCC) acting
in its capacity as the Collier County Community Redevelopment
Agency (CRA) ratify the former Executive Director of the Immokalee
CRA's unauthorized termination of an agreement with Collier County
granting $140,000 of Community Development Block Grant (CDBG)
funds to the CRA for the project known as Immokalee Crosswalk
Improvements, Project #CD 11-05.
The former director acted outside the scope of her authority in
terminating the agreement
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Bid #12-5956, "Electrical Component
Testing," to Industrial Electric Testing, Inc., and Electric Power
Systems, Inc., as primary and secondary vendors, respectively.
For components critical to system operations at water and sewer
facilities serving county residents
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2) Recommendation to award a contract to AECOM USA, Inc., in the
not-to-exceed amount of$649,960 under Request for Proposal #13-
6010, "Public Utilities Master Plan," Project Number 70031, and
authorize the necessary budget amendments.
To evaluate projects necessary to meet future demand, maintain
regulatory compliance and assess infrastructure needs
3) Recommendation to approve two work orders with Kyle Construction,
Inc., in the combined amount of$381,582.22 under Project # 70019,
"Cross Connection Control Program."
As detailed in the Executive Summary
4) Recommendation to approve a work order with Haskins, Inc., and a
work order with Quality Enterprises USA, Inc., in the combined
amount of$139,449.60 under Project #70023, Fire Hydrant
Replacement.
To replace hydrants in the Imperial Circle, Bentley Village and
Bay Forest communities that have reached end of use and ensure
compliance with codes and ordinances
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a Resolution rescinding and replacing
Resolution 2013-31, adopting the Disadvantaged Business Enterprise
(DBE) Program and goal setting process to ensure that DBE's have an
equal opportunity to receive and participate in Federal Transit
Administration assisted contracts by ensuring nondiscrimination in
their award and administration.
Resolution 2013-93
2) Recommendation to approve an amendment to the FY 2008 Federal
Transit Administration (FTA) Section 5309 grant award.
To use the $63,021.83 of the remaining grant award to help fund
improvements at CAT's Administration Facility on Radio Road
3) Recommendation to approve modification #7 to Disaster Recovery
Initiative Grant Agreement #10DB-D4-09-21-01-K09, between the
Florida Department of Economic Opportunity (DEO) and Collier
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April 23,2013
County to facilitate reprogramming of unexpended funds, extend the
grant, approve new associated subrecipient agreements and four
subrecipient agreement amendments.
As detailed in the Executive Summary
4) Recommendation to authorize execution of a Congestion Management
System/Intelligent Transportation Stakeholders (CMS/ITS) grant
award in the amount of$336,872 for construction of additional bus
shelters.
For design, purchase and construction of up to twelve (12)
shelters and to install amenities including bike racks and benches
5) Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal
Years 2013/2014, 2014/2015 and 2015/2016, sign associated
documents, and authorize submission to Florida Housing Finance
Corporation and approve the associated interlocal agreement with the
City of Naples.
Resolution 2013-94
6) Recommendation to authorize payment of a $1,753.71 Invoice for the
public's use of Sovereignty Submerged Lands at Caxambas Boat Park
and approve submittal of the 2012/2013 Florida Annual Gross Income
Reporting Form to Florida Department of Environmental Protection.
For annual lease fees and a subsequent lease renewal
7) Recommendation to authorize improvements sought by Naples Zoo to
refurbish the Coyote Cage and for the addition of the South African
Lion Addition in accordance with the current lease agreement
between the Board of County Commissioners and the Zoo.
To improve safety and care given to the zoo's lions and coyotes
With Changes to the Executive Summary (Per Agenda Change Sheet)
8) Recommendation to approve two (2) standard Collier County Parks
and Recreation facility rental agreements to be used as form
agreements and authorize the County Manager or his designee to enter
into these agreements.
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April 23,2013
For public/private rental of facilities including meeting rooms,
shelters (picnic areas), beaches and athletic fields in the county
9) Recommendation to grant a Deed of Conservation Easement to South
Florida Water Management District for the Gordon River Greenway
Park, Project#80065.1.
An area covering 103.94 +/- acres to comply with SFWMD
Permit #11-03344-P, Army Corps of Engineer's #SAJ-2011-00485
and Florida Communities Trust Management Plan requirements
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve the establishment of a budget for the
Public Safety Authority (PSA) in the amount of$14,000.
Each of the 7 county agencies that comprise the authority, that
includes the Sheriff's Office, Fire Chief's Association, NCH,
Naples or Marco Island Police Department, North Naples Fire
Commission and Physician's Regional Hospital, will contribute
$2,000 annually to cover various administrative costs
2) Recommendation to approve the electronic submission of a grant
application on behalf of the Emergency Medical Services' Search and
Rescue Team to the Wal-Mart Community Grants Program for a
maximum $2,000 for the Hug-A-Tree Program. (no match required)
The program educates kids in basic and vital survival principles;
funds awarded will be used to purchase a TV for presentations
and to provide participants whistles, lanyards and miscellaneous
training material
3) Recommendation to recognize and appropriate revenues for Special
Services to the Facilities Management Department and approve the
necessary Fiscal Year 2012-2013 Budget Amendment.
Recognizing $92,773.47 in revenue that's been paid by various
departments for building maintenance services
4) Recommendation to reject responses received for Invitation to Bid
(ITB) #13-6070, Purchase and Delivery of Turf.
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April 23,2013
Responding vendors failed to complete ITB instructions; staff will
re-solicit the bid as soon as practicable
5) Recommendation to approve and ratify the additions, deletions, and
reclassifications to the 2013 Fiscal Year Pay and Classification Plan
made from January 1, 2013 through March 31, 2013.
6) Recommendation to accept the report concerning the sale, donation of
items, and disbursement of funds associated with the County surplus
auction held March 23, 2013, and approve a resolution authorizing the
County Manager, or his designee, to perform the ministerial function
of executing certificates of title for County-Owned vehicles sold or set
for sale at future auctions.
Resolution 2013-95
7) Recommendation to approve assumption of Contract #08-5009, from
SIRE Technologies, Inc., a division of AlphaCorp ("AlphaCorp") to
Hyland Software, Inc. ("Hyland") for Enterprise Content Management
Software Solution.
Hyland had acquired AlphaCorp's assets on August 29, 2012
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a budget amendment transferring
$100,000 from the Pelican Bay MSTBU Fund 109, Reserve for
Contingencies to Clam Bay Fund 320, Ecosystem Enhancements.
To fund restoration of Pelican Bay's south berm and swale that
separates the water management system from Clam Bay Estuary
that was completed by Quality Enterprises (Contract #12-5927)
2) Recommendation to award Bid#13-6061 for Horticulture Debris
Hauling and Disposal to Greenco Vegetation Recycling, LLC.
For Pelican Bay Services Division
3) Recommendation to approve Change Order #4 to Contract #10-5541
with Paradise Advertising and Marketing, Inc. in the amount of
$100,000 in additional media and production billing at gross in
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April 23,2013
accordance with their agreement with Collier County and authorize
the Chairwoman to execute the Change Order.
Additional expenses exceed the $2 million annual billing threshold
4) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $25,000 and
budget amendment moving funds
BA #13-290 for the "211 campaign" benefitting public safety
5) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012-13 Adopted Budget.
Resolution 2013-96
6) Recommendation to accept the Florida Association of Counties
April 4, 2013 Legislative Day Summary Report.
As detailed in the Executive Summary
G. AIRPORT AUTHORITY
1) Recommendation to approve a Travel Request in the amount of$42
for the Airport Authority Executive to meet with the Federal Aviation
Administration and Florida Department of Transportation in Orlando,
Florida.
To go over the grant-funded alternative development reports for
the Marco Island and Immokalee Airport
2) Recommendation to approve a Concessionaire Agreement between
Collier County Airport Authority and Robert Gretzke, D/B/A Wings
for Specialized Aviation Service Operations at Everglades Airpark.
An initial 2-year period and continuing month to month for the
tenant to provide aerial sightseeing, air taxi service, specialized
flying services, instruction, aircraft rental, maintenance/repair
and to sell products (excluding fuel and petroleum products)
3) Recommendation the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Authority's Executive
Director to execute a standard Catering License Agreement for the
Marco Island Executive Airport.
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April 23,2013
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioners request for Board approval to attend the Florida
Association of Counties (FAC) annual conference and educational
exhibition June 25-28, 2013.
Will be held at Tampa's Marriot Waterside
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
To attend the ArtsNaples World Festival —Una Sera Latina event on
May 10, 2013. The sum of$100 to be paid from Commissioner Fiala's
travel budget.
At Naples Sailing & Yacht Club, 896 River Point Drive, Naples
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
To attend the 11th Annual Tourism Star Awards Luncheon on May 8,
2013. The sum of$30 to be paid from Commissioner Fiala's travel
budget.
At the Hilton Naples, 5111 Tamiami Trail North, Naples
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period March 28,
2013 through April 3, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of April 4,
2013 through April 10, 2013 and for submission into the official
records of the Board.
3) Recommendation to approve a budget amendment recognizing
interest earned in Supervisor of Elections' 2012/2013 Federal Election
Activities Grant.
K. COUNTY ATTORNEY
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April 23,2013
1) Recommendation to approve an Assumption Agreement substituting
the law firm of Smolker Bartlett Schlosser Loeb & Hinds, P.A. for the
law firm of Bricklemyer Smolker & Bolves, P.A., in the Retention
Agreement dated April 24, 2007 which was amended twice.
Due to a Feb. 2013 name change and terminating April 22, 2015
2) Recommendation to approve and authorize the Chairwoman to
execute a mediated Settlement Agreement and Mutual Release prior
to trial in the lawsuit entitled White General Constructors, Inc., v.
Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 12-2692-CA) for a sum of$40,000.
For an alleged improper contract termination for renovation and
remodeling of the Naples Museum Depot, Phase 3 Project and
the plaintiff has agreed not to work or bid on future projects
Moved to Item #12B (Per Agenda Change Sheet)
3) Request for authorization to advertise for future consideration an
ordinance to be known as the "Collier County Attorney's Ordinance."
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.
Adopted w/Changes— 5/0
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April 23,2013
A. Recommendation to approve and adopt 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).
Ordinance 2013-28
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 an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 06-42, the Brooks Village Commercial Planned Unit
Development (CPUD), by adding a right-in only access point on Pine Ridge
Road; by changing the hours of operation of the outparcels fronting on Pine
Ridge Road to 24 hours; by changing the access on 1 lth Avenue SW from
ingress only to ingress and egress; by amending the Master Plan; and by
revising and deleting developer commitments. The property is located on the
southwest quadrant of the intersection of Collier Boulevard (CR951) and
Pine Ridge Road (CR896), in Section 15, Township 49 South, Range 26
East, Collier County, Florida, consisting of 22.7 acres; and by providing an
effective date. [PUDA-PL20120002136]
Ordinance 2013-29
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
Resolution 2013-97
Moved to Item #9B (Per Commissioner Henning during Agenda Changes)
With Changes to the Executive Summary (Per Agenda Change Sheet)
D. Recommendation to approve and adopt proposed amendments to the Tourist
Development Tax (TDT) Ordinance to increase destination marketing efforts
and the annual accumulation of reserves for beach renourishment; authorize
the Chairwoman to execute the Ordinance amendments; and approve all
necessary budget amendments. Approval of this Amendment requires a
super-majority vote.
18. ADJOURN
- Consensus
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April 23,2013
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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April 23,2013