Recap 05/14/2013 RCOLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
May 14, 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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May 14, 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. Reverend Sheila Zellers - Motivated by Love Ministries
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Motion to disagree with staff's determination regarding Item #16F4 —
Approved 3/2 (Commissioner Fiala and Commissioner Coyle opposed);
Motion to move Item #16F5 to Item #6A — Approved 3/2 (Commissioner
Fiala and Commissioner Coyle opposed);
Consent Agenda - Approved and/or Adopted w /changes — 510
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May 14, 2013
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
Adopted — 510
C. Approval of today's regular agenda as amended.
Approved and/or Adopted w /changes — 510
D. April 2, 2013 - BCC /2014 Beach Renourishment Peer Review /Affordable
Housing Inventory Report Workshop
Approved as presented — 510
E. April 9, 2013 - BCC/Regular Meeting
Approved as presented — 510
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating May 2013 as Physicians Led Action Network
(PLAN) Month in Collier County in recognition of its 10th anniversary and
contribution of $18 million in donated specialty medical care to Collier
County's uninsured. To be accepted by Bill Kuzbyt, Psy.D., JD, PLAN
Board Chairman; Michelle Jay, PLAN Program Manager; Joan Colfer, MD,
MPH, Collier County Department of Health; and Margaret Eadington,
Executive Director, Collier County Medical Society. Sponsored by
Commissioner Coyle.
Adopted — 510
B. Proclamation designating May 19 -25, 2013 as Water Reuse Week in Collier
County. To be accepted by G. George Yilmaz, Ph.D, P.E., P.H., Public
Utilities Administrator; Beth Johnssen, Wastewater Department Director;
Danette Kinaszczuk, Reuse Manager, Wastewater Department; Lisa
Koehler, Big Cypress Basin Administrator, South Florida Water
Management District. Sponsored by Commissioner Coyle.
Adopted — 510
C. Proclamation designating May 18 -25, 2013 as Safe Boating Week in Collier
County. To be accepted by Robert A. Abubato, Flotilla Commander, U.S.
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May 14, 2013
Coast Guard Auxuliary, Flotilla 93. Sponsored by Commissioner Coyle.
Adopted — 510
D. Proclamation designating May 2013 as Drowning Prevention Month in
Collier County. To be accepted by Dr. Todd Vedder, Chairman, Safe and
Healthy Children's Coalition of Collier County and Paula DiGrigoli,
Executive Director, Safe and Healthy Children's Coalition of Collier County.
Sponsored by Commissioner Fiala.
Adopted — 510
E. Proclamation recognizing Alma Cambridge as a Woman of Distinction for
her positive community influence and role in establishing the Bethel African
Methodist Episcopal Church. To be accepted by Dr. Rozalyne Wright,
Bethel African Methodist Episcopal Church. Sponsored by Commissioner
Henning.
Adopted — 510
F. Proclamation designating May 2013 as Drug Court Month in Collier
County. To be accepted by the Honorable Janeice T. Martin, Collier County
Judge. Sponsored by Commissioner Hiller.
Adopted — 510
G. Proclamation designating May 19 -25, 2013 as Emergency Medical Services
Week in Collier County. To be accepted by Walter Kopka, Chief, EMS.
Sponsored by Commissioner Henning.
Adopted — 510
5. PRESENTATIONS
A. Presentation of the PHOENIX AWARD to recognize those EMS
Paramedics, EMT's, Firefighters, Sheriff's Deputies and Police Officers,
who through their skills and knowledge, have successfully brought back to
life individuals who have died.
Presented
B. Presentation of the Collier County Business of the Month for May 2013 to
MiraMare Ristorante at Venetian Village. To be accepted by Sal Sinzieri,
Owner and Freddy Velez, General Manager.
Presented
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C. Recommendation to recognize Glenn Rager, Instrumentation and Electrical
Technician, Wastewater Department/Power Systems, as the Employee of the
Month for April 2013.
Presented
6. PUBLIC PETITIONS
Moved from Item #16F5 (Per Commissioner Hiller during Agenda Changes)
A. Recommendation to determine that the latest public petition submitted by
Charles Minard is a repetitive Public Petition, per County Resolution 2010-
87.
Mr. Minard spoke regarding Item #10I
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Carol Brewer — EMS response time and in support of Item #10I
B. Victor Valdes — EMS response time and in support of Item #10I
C. Stan Chrzanowski — CDES issues and DSAC Appointment
D. Doug Fee - Taxes
Item #8 and Item #9 to be heard no sooner than 1:00 Pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
Moved from Item #17G (Per Agenda Change Sheet)
A. Recommendation to adopt an ordinance amending Ordinance No. 2003 -53,
as amended, the "Collier County Ethics Ordinance."
Ordinance 2013 -39 Adopted 4/0 (Commissioner Coyle absent)
Moved from Item #17I (Per Agenda Change Sheet)
B. Recommendation to adopt an ordinance amending Ordinance No. 93 -72, as
amended, the "Collier County Administrator's Ordinance."
Ordinance 2013 -40 Adopted 4/1 (Commissioner Coyle opposed)
Moved from Item #17B (Per Agenda Change Sheet)
C. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
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required to be sworn in. An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance 2007 -46, as
amended, the Wolf Creek Residential Planned Unit Development, PUDZA-
PL20120000650, by increasing the permissible number of dwelling units
from 671 to 754; by amending Ordinance Number 2004 -41, the Collier
County Land Development Code by amending the appropriate zoning atlas
map or maps by changing the zoning classification of an additional 5± acres
of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and
by changing the zoning classification of an additional 16± acres from
Palermo Cove PUD to Wolf Creek PUD; by revising the development
standards; by adding Exhibit A -1, the amended Master Plan for parcels 1 A
through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels
1 A through 3A; by adding Table II, Development Standards for Parcels 1 A
through 3A; and by adding deviations and revising developer commitments.
The subject property is on the north side of Vanderbilt Beach Road (C.R.
862) approximately one -half mile west of Collier Boulevard (C.R. 95 1) in
Section 34, Township 48 South, Range 26 East, Collier County, Florida
consisting of 189± acres; providing for repeal of Ordinance Number 2007-
03, the Scenic Woods Rezone; and by providing an effective date.
(Companion PUDZA- PL20120000680: Palermo Cove PUD)
Ordinance 2013 -37 Adopted w /changes - 510 (Reverted back to the
original language by removing "O ")
Moved from Item #17C (Per Agenda Change Sheet)
D. 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. An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance Number 04-
41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida by amending the appropriate zoning atlas
map or maps by removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning
classification of the herein described real property from a RPUD zoning
district to a RPUD zoning district for a project known as the Palermo Cove
RPUD, PUDZA- PL20120000680, by revising project development
standards, adding deviations, adopting a new conceptual master plan,
revising developer commitments and reducing the permitted number of
dwelling units from 564 to 237 on property located north of Wolfe Road and
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May 14, 2013
west of Collier Boulevard (C.R. 95 1) in Section 34, Township 48 South,
Range 26 East, Collier County, Florida, consisting of 115± acres; providing
for the repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former
Palermo Cove RPUD; and by providing an effective date. (Companion to
PUDZA- PL20120000650: Wolf Creek PUD)
Ordinance 2013 -38 Adopted 510
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Coastal Advisory
Committee.
Resolution 2013 -110: Re- appointing Victor Rios (City of Marco Island
Representative) and John Sorey (City of Naples Representative) —
Adopted 4/0 (Commissioner Coyle absent)
B. Appointment of members to the Bayshore /Gateway Triangle Local
Redevelopment Agency.
CRA Resolution 2013 -111: Re- appointing Karen Beatty, Peter Dvorak
and Chuck Gunther (terms expiring May 22, 2016) and appointing
Michael Corradi (term expiring May 22, 2015) and Shane Shadis (term
expiring May 22, 2014) — Adopted 4/0 (Commissioner Coyle absent)
C. Appointment of member to the Radio Road Beautification Advisory
Committee.
Resolution 2013 -112: Re- appointing John Weber — Adopted 4/0
(Commissioner Coyle absent)
D. Appointment of members to the Public Transit Ad Hoc Advisory Board.
Resolution 2013 -113: Appointing Kimberly S. Bowers, John DiMarco,
III, W. James Klug, III, Nancy Lasheid, Morton Rosenberg and Dylan
Michael Vogel — Motion to accept all applicants except Tu Chi -
Adopted 4/0 (Commissioner Coyle absent)
E. Recommendation to direct the County Attorney to issue a Notice of Default
to KPK Management, Inc., assignee of Global Manufacturing Technologies,
Inc., relating to a Sublease dated August 15, 1999, of the Immokalee Airport
Incubator Building, setting forth that if certain lease violations are not
rectified within 30 days of the Notice, the Airport Authority will terminate
the Sublease and, if necessary, pursue its legal remedies, and to grant the
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May 14, 2013
Airport Executive Director the authority to work with the County Attorney
to terminate the Sublease and pursue legal action, including eviction
proceedings, if the defaults are not cured. (Commissioner Henning)
Motion directing the Airport Director to notify the tenant that the issues
be cured within 30 days; if not taken care of within the 30 days the
County Attorney and the Airport Director to proceed with a Notice of
Termination of Lease — Approved 510
F. Recommendation to direct the County Attorney to bring back to the Board
for its future consideration an ordinance abolishing the Environmental
Advisory Council, together with an ordinance amending the Collier County
Planning Commission Ordinance to (1) absorb the responsibilities of the
EAC; and (2) change the membership composition of the Collier County
Planning Commission from 9 members to 7, with a single member from
each Commission District, plus two at -large members. (Commissioner
Henning)
Direction to staff and the County Attorney's office to evaluate how to
eliminate the EAC and consolidate it into the Planning Commission
configuring the numerosity as well as the background of the members
creating the best possible commission for the county — Approved 4/0
(Commissioner Henning absent)
G. Recommendation that the Board of County Commissioners clarify its
intent/direction with respect to the role of the PSA in the evaluation of
applicants for the position of Medical Director/Deputy Medical Director.
It was neither the intent, nor the direction of the Board of County
Commissioners to have county staff, nor the PSA, develop ranking criteria
and score the applicants. In fact, according to Ed Morton of the Blue Ribbon
Committee, the Blue Ribbon Committee did not envision the PSA being the
selection committee for the position of Medical Director/Deputy Medical
Director; the PSA would be conflicted in such a role. The Board of County
Commissioners requested the PSA provide a list of the top ten candidates,
unranked, along with the applications of all other candidates. Had the Board
of County Commissioners wanted rankings based on scored criteria, the
commissioners would have defined the criteria and weighting. This was
intentionally avoided to ensure fairness in the process, since criteria and
weightings could be skewed to benefit or prejudice a particular candidate.
Given that there are five applicants that have submitted for the position of
Medical Director/Deputy Medical Director, the PSA should be given the
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opportunity to meet applicants and then forward the list of all five
candidates, unranked, to Board of County Commissioners along with PSA
comments /observations (taken as a whole) that would allow Commissioners
to make a well informed final decision. (Commissioner Hiller)
Motion directing the PSA to proceed with their selection and evaluation
of candidates — Approved 4/1 (Commissioner Hiller opposed);
Motion to provide the PSA a staff administrative liaison and a County
Attorney representative — Approved 510; Motion amended to allow the
PSA time to gather rankings and to bring the rankings back to the June
25th BCC Meeting — Approved 4/1 (Commissioner Hiller opposed)
H. Recommendation that the Board of County Commissioners consider the
creation of a countywide Office of the Medical Director ( "OMD ") to provide
outstanding clinical oversight to all of Collier County's emergency care
providers, so that collectively these providers can deliver compassionate and
professional services at the highest standard of emergency response and
patient clinical care. The OMD would consist of the Medical Director,
Deputy Medical Director, Associate Medical Directors (representing the
ALS service providers and BLS Transport providers from organizations
throughout the county), an Executive Director, and an Assistant Executive
Director. (Only the positions of the Medical Director and Deputy Medical
Director would be county funded.) The OMD would consist of 5 divisions:
1. Clinical Practice of Medicine/Medical Protocol Coordination - to include
for example, protocol development, controlled substance management,
equipment review, quality assurance. 2. Performance Measure/Research - to
include for example, development of performance bench marks, provide an
annual report, and develop an information web page. 3. Emergency
Preparedness - to include for example, Infectious Diseases, Immunizations,
SWAT, HAZMAT and EOC liaison. 4. Continuing Education Development
and Coordination - for both ALS and BLS providers. 5. Strategic Initiative
Coordination - to include for example, the AED program, injury prevention,
Code Save -A -Heart, and Stroke Alert. These divisions would be staffed by
representatives from EMS provider agencies. The OMD would be
advised/reviewed by the Public Safety Authority and EMS council. Such a
coordinated, professional and comprehensive approach to EMS management
will lead to the highest level of emergency services that the residents and
visitors of Collier County can expect. That the Board of County
Commissioners put forth the above recommendation for review and input
from the PSA to be brought back for adoption at the second meeting of the
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Board of County Commissioners in September, 2013. (Commissioner
Hiller)
Motion to forward the idea to the Public Safety Authority for their
review and input and for them to bring back recommendations at the
second Board Meeting in September, 2013 — Approved 510
To be heard at 10:00 a.m., followed by Items #10G and #10H
(Per Agenda Change Sheet)
I. Recommendation that the Board of County Commissioners direct the
`Medical Director Subcommittee' of the PSA investigate claims of actual
and potential failed calls as they relate to protocols and training promulgated
under the current county Medical Director. A full investigation is required
to be conducted given the PSA's obligation to provide a quality assurance
process and a duty to investigate problems as they arise and recommend
solutions promptly. There are three matters that require such investigation:
1. In January, 2013 the county's Medical Director released updated
protocols as final without allowing for review. The consequence
was that protocols were released as official which contained life
threatening standards. For example - a protocol was released with
respect to pediatric rescue breathing which was incorrect, and, if
administered by an EMS provider as prescribed would result in the
death of the child. Protocols should not be released as official until
validated by the appropriate agencies/boards. Medical accuracy is
mandatory.
2. A young man passed away, allegedly because EMS failed to timely
arrive at the scene. EMS claimed that no emergency tone was
heard. There are complaints that the county's 800 Mega Hertz
communications system is failing to set off the appropriate tones
which are used to alert emergency vehicles of an incoming call.
These failures are being reported as happening daily and may have
contributed towards the death of one resident, and is threatening
the lives of all. This matter must be immediately investigated and
addressed.
3. A letter received from Physician's Regional Hospital, dated May 6,
2013 explains that the county's medical director was working
"extremely closely with NCH to promulgate protocols seemingly
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effectuated by the threat of loss of market share to NCH." In an
email dated December 20, 2012, the county's medical director
advocated against certain stroke protocols because these protocols
would "divert 40% of the patients currently going to NCH." The
medical director was in effect seemingly making decisions about
which protocols were to be adopted based on how NCH's market
share would be affected if stroke patients were transported to
Physician Regional's new Comprehensive Stroke Center (the only
such accredited stroke center in SW Florida) rather than to NCH.
Protocols must be developed on what is in the best interest of the
patient, not in any way based on the market share a hospital might
lose. It appears that only 12 -15% of the county's stroke victims are
being transported to Physicians Regional notwithstanding the
current protocol. There are two recent stroke related deaths where
the patients were transported to NCH rather than the Physician's
Regional stroke center begging the question as to whether these
patients might have survived if transported to the stroke center.
What has transpired is of the utmost seriousness. A full study into
how many patients are being transported by county EMS to one
hospital over another hospital is needed. Further, the timeliness
and basis on which protocols are being established needs to be
fully investigated. Lastly, the training of providers as to directions
on where patients shall be transported under which conditions
needs to be investigated. The development of protocols and
training of the EMS providers are the responsibility of the
County's Medical Director. (Commissioner Hiller)
Motion to request the Inspector General with Florida's Department of Health
investigate claims — Failed 2/3 (Commissioner Fiala, Commissioner Coyle and
Commissioner Nance opposed; Motion directing the County Manager to
gather information from all agencies (PSA, EMS, Medical Director &
Physicians Regional) and report back to the Board for determining accuracy —
Approved 4/1 (Commissioner Hiller opposed)
11. COUNTY MANAGER'S REPORT
A. Recommendation to consider candidates who have applied to the position of
Chief Hearing Examiner. (Len Golden Price, Administrative Services
Division Administrator)
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Motion to elect Mark Strain as the Chief Hearing Examiner — Approved
4/1 (Commissioner Coyle opposed); Motion authorizing HR, County
Manager and the Chairwoman to negotiate the contract, salary and
start date with Mr. Strain staying within the salary range already
determined by the BCC — Approved 510
B. This item to be heard at 11:00 a.m. Recommendation to reject all bids
received for Invitation to Bid (ITB) #13 -6076, Collier County Beach
Renourishment Project; re- solicit the project with target volumes per beach
segment; reduced bid acceptance /validity timeframe; approve the project
price submittal form and bidding approach; approve a sand placement
renourishment approach and make a finding that this project promotes
tourism. (Bill Lorenz, Natural Resources Director)
Motion to approve staffs recommendations and Pelican Bay is
requesting 35,000 cubic yards of sand that they will pay for — Approved
5/0
C. Companion to #14B1 and to be heard immediately following #14B1.
Recommendation to approve a resolution authorizing the Collier County
Community Redevelopment Agency (CRA) to enter into a $7,557,900
Term Loan Agreement with Fifth Third Bank - the Series 2013 Taxable
Note; approve actions taken by the CRA with respect to its approval of the
Loan Agreement; and authorize all necessary budget amendments. (Mark
Isackson, Corporate Finance and Management Services Director)
Resolution 2013 -109 Adopted 510
D. This item to be heard at 3:00 p.m. Recommendation to review the history
and public benefit associated with the proposed Whippoorwill Lane and
Marbella Lakes Drive connection project, consider current comments from
the public and after consideration, provide direction to the County Manager
prior to soliciting an invitation to bid for this project. (Nick Casalanguida,
Growth Management Administrator)
Motion to Deny the project - Approved 3/2 (Commissioner Henning and
Commissioner Fiala opposed)
Moved from Item #16D7 (Per Agenda Change Sheet)
E. Recommendation to request authorization to advertise and bring back an
Ordinance amending Collier County Ordinance No. 96 -84, as amended (The
Radio Road Beautification Municipal Service Taxing Unit), to incorporate
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provisions to facilitate improvements to the Rich King Memorial Greenway
within the MSTU boundaries.
Approved 3/2 (Commissioner Nance and Commissioner Henning
opposed)
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to accept the proposal for Request for Proposal
(RFP) #13 -6083 Airport Management Consultant from Unison
Consulting Inc. and direct the County Manager to negotiate a contract
to be brought back to the Board for approval.
Continue to the meeting just prior to the 180 day deadline
(September) — Approved 510
B. COMMUNITY REDEVELOPMENT AGENCY
1) This item to be heard at 1:00 p.m. Recommendation that the
Community Redevelopment Agency (CRA) approves a resolution
containing the form of a Bayshore Gateway Triangle CRA
restructuring Loan Agreement with Fifth Third Bank - the Series
2013 Taxable Note - in the amount of $7,557,900; authorize the
CRA Chairman to sign the authorizing resolution; and authorize
all necessary budget amendments. Pursuant to Notice required
under Section 163.346, Florida Statutes.
CRA Resolution 2013 -108 Adopted 510
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs — Workshop Schedule and Agendas (formal process needed)
B. Mr. Ochs — Evaluation of all Advisory Boards and Committees
C. Mr. Ochs — Letters to the HOME Board Officers went out on April 24;
on April 26 a binder was received from Mr. Barlow
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May 14, 2013
D. Mr. Ochs — Report from Jack Wert on occupancy rates and bed tax
dollars received
E. Mr. Ochs — Gordon River Greenway Groundbreaking at 8:30 a.m. on
May 15, 2013
F. Commissioner Fiala — Requested to participate via phone at the July 9th
BCC Meeting — Consensus
G. Commissioner Fiala — Phoenix Award
H. Commissioner Henning — Fletcher Lease will be brought back at the
first June meeting
I. Commissioner Henning — Issues with Isles of Capri Fire District (to be
discussed at the May 28th meeting)
J. Commissioner Henning — Commissioner Travel Budget and staff
K. Motion to adjourn — Approved 4/0 (Commissioner Hiller absent)
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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 — 510
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve final acceptance of the water and sewer
utility facilities for Summit Place in Naples, Phase II AR 11444 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 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 sewer utility
facility for Summit Place in Naples, Phase III AR 10053 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 for material defects and workmanship has been
conducted by staff and the facility was found to be acceptable
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May 14, 2013
3) Recommendation to approve an Easement Purchase Agreement as
part of the US -41 /Collier Boulevard Intersection Improvement
project. (County Project No. 60116). Fiscal Impact: $2,994
Reconstructing Parcel TCE122 in Falling Waters Beach Resort
4) This item requires that ex carte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to adopt
a Resolution to hold a public hearing to consider vacating a portion of
a 12.5 -foot wide Drainage Easement, being a part of Lot 39, Block
KK, Quail West Phase III, Unit 7, Plat Book 46, pages 89 through 102
of the Public Records of Collier County, Florida, also being a part of
Section 8, Township 48 South, Range 26 East, Collier County,
Florida. Application No. VAC- PL20130000515.
Resolution 2013 -103
5) Recommendation to award Bid #13 -6066 "Signal Communications
Fiber Optic Network Extension" for construction of a fiber optic
network extension to Traffic Control Devices, Inc., in the amount of
$597,559 (Project #33208).
Providing fiber optic improvements on portions of Collier
Boulevard, Golden Gate Parkway and Immokalee Road
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 a request from the Empowerment Alliance of Southwest
Florida to grant preliminary acceptance of subdivision improvements
in the Hatchers Preserve subdivision and allow the installation of the
required landscape buffer to occur concurrently with Certificates of
Occupancy for each individual lot.
Developer has received a Certificate of Adequate Public Facilities
7) This item requires that ex parte disclosure be provided b
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
authorize the Clerk of Courts to release a cash bond in the amount of
$6,312.60 which had been posted as security for clearing associated
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May 14, 2013
with the Saturnia Lakes subdivision (AR- 2071).
The developer has fulfilled his commitments and a satisfactory
inspection has been completed
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 Cordoba at Lely Resort, Lots 5
- 13, Lots 18 - 26 Replat, Application Number FP- PL20120002957.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of a 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
participants are required to be sworn in. Recommendation to
approve extensions for completion of subdivision improvements
associated with the Moorgate Point subdivision (AR -7618) and
Classics Plantation Estates, Phase Three subdivision (AR -7433)
pursuant to Section 10.02.05 B.I I of the Collier County Land
Development Code.
Developer has paid appropriate fees and Moorgate Point has been
given an extension to December 13, 2013 and an extension has
been granted for Classic Plantation Estates to January 24, 2014
Continued to the May 28, 2013 BCC Meeting (Per Agenda Change Sheet)
10) Recommendation to increase the collective annual limit for multiple
contracts resulting from RFP No. 12 -5892, "Fixed Term Landscape
Architectural Services."
11) Recommendation to approve an Interlocal Agreement between Collier
County, the City of Marco Island, and the Hideaway Beach District
for Collier County to provide $350,000 in Tourist Development
Category "A" Funding representing Collier County's proportionate
share for three erosion control structures and future maintenance costs
as part of the 2013 Hideaway Beach Renourishment and erosion
control project and authorize the Chairwoman to sign the Agreement.
Collier County will provide tourist development tax funding for
the County's proportionate share of maintenance costs for the life
of the erosion control structures
Page 16
May 14, 2013
12) Recommendation to award Bid No. 13 -6023 to Stultz Construction,
Inc. in the amount of $205,585 for the construction contract of the
Tigertail Beach New Restroom Facility Project No. 90093, make a
finding that this project promotes tourism, and authorize the
Chairwoman to execute the standard contract after County Attorney
approval.
13) 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 adopt
a Resolution to set a public hearing to consider vacating a 20 -foot
wide Lake Maintenance Easement (L.M.E.), being a part of Tract E of
Fiddlers Creek Phase 5, Aviamar Unit One, Plat Book 45, pages 34
through 39 of the Public Records of Collier County, Florida, also
being a part of Section 13, Township 51 South, Range 26 East, Collier
County, Florida. Application No. VAC- PL20130000583.
Resolution 2013 -104
14) Recommendation to authorize a budget amendment to recognize
revenue for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of $214,455.98.
For the Fair Share Intersections Program, Countywide Pathways
Program, the Traffic Impact Study Review and the PUD
Monitoring/Traffic Counts Payment -in -Lieu Program
15) Recommendation to approve the release of lien in the amount of
$77,410.86 for payment of $7,060.86, in the Code Enforcement
Action entitled Board of County Commissioners vs. Terry Hernandez
and Brian K. Fults, Code Enforcement Case CELU20110009421,
relating to property at 2700 47th Terrace SW, Collier County, Florida.
Fines relating to an unmaintained pool on property that had no
primary structure and brought into compliance March 28, 2013
16) This item requires that ex parte disclosure be provided b
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Torino Replat, Application
Number FP- PL20130000083.
Page 17
May 14, 2013
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of a final approval letter
17) Recommendation to provide an after -the -fact approval of Change
Order No. 3 to WO #45- 141808, 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 $12,472, make a
finding that this item promotes tourism, and authorize the County
Manager or his designee to execute the Work Order.
To fund additional engineering, analysis, questions and concerns
voiced as a result of Commissioner review
18) Recommendation to approve the release of lien in the amount of
$467,330.40 for payment of $1,030.40, in the Code Enforcement
Action entitled Board of County Commissioners vs. Curtis D. Blocker
& Curtis Blocker, Jr., Code Enforcement Case Number 2002120732,
relating to property at 2900 Bradley Drive, Collier County, Florida.
Fines regarding mobile homes, sheds and concrete block structure
on Village Residential zoned property in Immokalee without
proper permits and brought into compliance November 18, 2011
19) Recommendation to approve the release of lien in the amount of
$87,868.25 for payment of $1,418.25, in the Code Enforcement
Action entitled Board of County Commissioners vs. Curtis D. Blocker
& Curtis Blocker, Jr., Code Enforcement Case Number 2003091169,
relating to property located at 423 Taylor Road, Collier County,
Florida.
Fines regarding improvements made on property in Immokalee
without obtaining the required Site Improvement Plan and
brought into compliance on June 10, 2008
20) 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 extensions for completion of subdivision improvements
associated with Orange Blossom Ranch Phase I (AR -7186) and
Orange Blossom Ranch Phase 1B (AR -7431) pursuant to Section
10.02.05 B.I I of the Collier County Land Development Code.
Page 18
May 14, 2013
Developer paid appropriate fees and Orange Blossom Ranch
Phase 1A has been granted an extension to February 6, 2014 and
Phase 1B has been given an extension to January 13, 2014
21) This item requires that ex carte 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 Esplanade Golf and Country
Club of Naples, (Application Number P1,20120001261) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Developer must receive a Certificate of Adequate Public Facilities
prior to the issuance of a construction plan final approval letter
22) Recommendation to ratify and approve a stipulated Final Judgment as
to Parcel 103FEE and 103TCE as part of the US -41 /Collier Boulevard
Intersection Improvement project (Project No. 60116) Fiscal Impact:
$7,447.50.
For the taking of parcels owned by Red Naples Holdings, LLC for
improvements at the intersection
23) Recommendation to ratify and approve a stipulated Final Judgment as
to the interest of 7- Eleven, Inc. Parcels 105FEE1, 105FEE2,
105FEE3, 105TCE1, 105TCE2, 105TCE3, 105TCE4, 107FEE,
107TCEI, 107TCE2 and 109FEE as part of the US -4 /Collier
Boulevard Intersection Improvement project (Project No. 60116)
Fiscal Impact: $5,205.50.
For the taking of parcels owned by Lowe's Home Center, Inc. for
improvements at the intersection
24) Recommendation to ratify and approve a stipulated Final Judgment as
to the interest of Carrabba's Italian Grill, LLC, in Parcel 113FEE and
Parcel 113TCE as part of the US -41 /Collier Boulevard Intersection
Improvement project (Project No. 60116) Fiscal Impact: $5,214.
For the taking of parcels owned by New Plan Florida Holdings,
LLC for improvements at the intersection
25) Recommendation to ratify and approve a stipulated Final Judgment as
to the interest of Regions Bank in Parcel 113FEE and Parcel 113TCE
Page 19
May 14, 2013
as part of the US -41 /Collier Boulevard Intersection Improvement
project (Project No. 60116) Fiscal Impact: $5,214.
For the taking of parcels owned by New Plan Florida Holdings,
LLC for improvements at the intersection
26) Recommendation to ratify and approve a stipulated Final Judgment as
to Parcels 109FEE, 109SWE1, 109SWE2 and 109TCE as part of the
US -41 /Collier Boulevard Intersection Improvement project (Project
No. 60116) Fiscal Impact: $8,907.50.
For the taking of parcels owned by Lowe's Home Center, Inc. for
improvements at the intersection
27) Recommendation to ratify and approve two Stipulated Final
Judgments as to Parcel 102FEE, et al, as part of the US -41 /Collier
Boulevard Intersection Improvement project (Project No. 60116)
Fiscal Impact: $198.50
For the taking of parcels owned by Lowe's Home Center, Inc. for
improvements at the intersection
28) Recommendation to approve award of Bid No. 12 -5985 Fiber Optic
Installation, Repair and Maintenance to primary contractor, Aztec
Communications, Inc., and secondary contractor, SPE Utility
Contractors, Inc., for an annual estimated expenditure of $450,000,
and authorize the Chairwoman to execute contracts to each.
29) Recommendation to recognize revenue from a multi -year Joint
Participation Agreement between the Florida Department of
Transportation and the Collier Metropolitan Planning Organization for
fixed route transit planning activities that includes Federal pass -
through 49 USC § 5303 funding and to authorize necessary budget
amendments for grant revenue in the amount of $109,344 and a local
match in the amount of $12,150.
Local match provided by Collier County, City of Naples and the
City of Marco Island
30) Recommendation to approve a Work Order with Humiston & Moore
for Doctors Pass Maintenance Dredging engineering and construction
support services for a not to exceed time and material amount of
$36,910, make a finding that this item promotes tourism, authorize the
Page 20
May 14, 2013
County Manager or his designee to execute the Work Order, and
approve necessary budget amendments.
The design is for disposal locations at Lowdermilk Park and just
south of Doctor's Pass near Indies West
31) Recommendation to reinitiate the Limerock Road Conversion
Program (LRCP) in FY 2013 in the amount of $276,500, and approve
all necessary budget amendments.
As detailed in the Executive Summary
32) Recommendation to approve and authorize the County Attorney's
Office to retain consulting and expert witness services for Eminent
Domain Litigation for the US -41 /Collier Boulevard Intersection
Improvement Project (Project No. 60116) in compliance with Section
VII H of the Purchasing Policy. The estimated fiscal impact is
approximately $150,000 for three consulting firms.
Retaining Equable Solutions, Inc., Gerson, Preston, Robinson,
Inc. and Joseph Roles & Associates, Inc.
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Collier County Board of County
Commissioners (BCC), as the Community Redevelopment Agency
(CRA), approve an amendment to the previously approved Disaster
Recovery Initiative (DRI) grant agreement between the BCC & CRA.
Amendment #6 modifies the invoice process and work plan for
Immokalee Stormwater Master Plan Project #33130
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a standard process for applicants seeking
to convert from an individually metered potable water system to a
master metered potable water system, at no cost to the Collier County
Water -Sewer District.
As detailed in the Executive Summary
Continued to the May 28, 2013 BCC Meeting (Per Agenda Change Sheet)
2) Recommendation to authorize the purchase of a new Case 580N
Backhoe from Trekker Tractor LLC, in the amount of $65,050.07,
Page 21
May 14, 2013
utilizing the Florida Sheriffs Association State Contract #12 -10 -0905.
3) Recommendation to award Bid Number 13 -6025 for purchase of
cyber lock security access control components for public utilities
facilities to E.A. Waetjen, Incorporated in an estimated annual amount
of $100,000.
Limiting public potable water supply only to authorized personnel
4) Recommendation to approve and execute the document necessary to
convey water infrastructure located at the Collier County Landfill,
3730 White Lake Blvd., Naples Florida, to the Collier County Water -
Sewer District.
5) Recommendation to approve a Resolution authorizing an Appendix
(Amendment Number 1) to an approved Utility Work by Highway
Contractor Agreement with the Florida Department of Transportation.
Resolution 2013 -105
6) Recommendation to approve a work order under Request for
Quotation #08- 5011 -81 in the amount of $494,886 to Mitchell &
Stark Construction Co., Inc., to replace aerators on Oxidation Ditch
No. 3 under North County Water Reclamation Facility Technical
Support Project Number 73968.
Existing aerators are 18 years old and can no longer be repaired
due to wear and corrosion
7) Recommendation to approve payment in the amount of $21,647.81 to
Higgins Construction, Inc., for repairs to the North County Water
Reclamation Facility, Project Number 73968.
Approval needed since work was performed prior to the issuance
of a Notice to Proceed
8) Recommendation to approve a Work Order for $590,318.25 to Kyle
Construction under Request for Quotation #08- 5011 -78 for
Underground Utility Contracting Services for the Wastewater Pump
Station 158.00 Rehabilitation Project Number 70046 and 70051.
In order to bring outdated utility infrastructure into compliance
with current standards
Page 22
May 14, 2013
9) Recommendation to approve a Mediated Settlement Agreement prior
to trial in the lawsuit entitled Collier County v. John Reynolds &
Sons, Inc., et al., Case No. 10- 6658 -CA, filed in the Twentieth
Judicial Circuit in and for Collier County, Florida (Consolidated with
Case No. 10- 6670 -CA), which settlement includes payment to the
Board of County Commissioners, as Ex- Officio the Governing Board
of the Collier County Water Sewer District, in the total amount of
$4,500,000 paid by John Reynolds & Sons, Inc., Ferguson
Enterprises, Inc., Hazen and Sawyer, P.C./Hole Montes, Inc. and
Greeley and Hansen, LLC, an Addendum No. 1 to the Mediated
Settlement Agreement, and to authorize the Chairwoman to execute
the Mediated Settlement Agreement and Addendum No. 1.
To recover damages relating to a raw water transmission pipeline
failure and forensic investigation at South Reverse Osmosis Raw
Water Wellfield on February 19, 2010
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve releases of lien of Collier County impact
fees, Collier County Immokalee Residential impact fees and Collier
County State Housing Initiatives Partnership (SHIP) impact fees for
owner occupied affordable housing dwelling units that have been
repaid in full.
For property in Naples at 13686 Legacy Lane, 9055 Gervais
Circle, #1403 and 7512 Bristol Circle and Immokalee property at
1292 Allegiance Way and 710 Breezewood Drive
2) Recommendation to approve one (1) satisfaction of mortgage for State
Housing Initiatives Partnership Program (SHIP) in accordance with
the Board's Short Sale Policy, accepting $2,295 to satisfy a $38,250
mortgage.
Property located at 442166th Avenue NE
3) Recommendation to approve three (3) mortgage satisfactions for the
State Housing Initiatives Partnership (SHIP) loan in the combined
amount of $50,444.50.
For property at 13686 Legacy Lane, 9055 Gervais Circle, #1403,
and at 3180 36th Ave SE, Naples
Page 23
May 14, 2013
4) Recommendation to approve two (2) Agreements with the District
School Board of Collier County for transportation services for county
recreation program participants at an estimated annual cost of
$40,000.
Providing transportation for summer participants
5) Recommendation to approve an after - the -fact grant application for a 3
year FY2013 -2014 U.S. Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
(SAMHSA) grant for expansion of Drug Court programs (Fiscal
Impact $835,370 over 3 years).
Application submission deadline was April 19, 2013
6) Recommendation to award Invitation to Bid (ITB) #13 -6028 "Lely
Golf Estates MSTU Roadway Grounds Maintenance" to Florida Land
Maintenance, Inc. d/b /a Commercial Land Maintenance Inc. and
authorize the Chairwoman to sign the County Attorney approved
contract.
Providing on -going maintenance of landscaping and irrigation
installed within the Lely MSTU
Moved to Item #11E (Per Agenda Change Sheet)
7) Recommendation to request authorization to advertise and bring back
an Ordinance amending Collier County Ordinance No. 96 -84, as
amended (The Radio Road Beautification Municipal Service Taxing
Unit), to incorporate provisions to facilitate improvements to the Rich
King Memorial Greenway within the MSTU boundaries.
8) Recommendation to adopt by Resolution, an amendment to the State
Housing Initiative Partnership (SHIP) Program 2010 -11, 2011 -12,-
2012-13 Local Housing Assistance Plan (LHAP) and approve funding
allocation in the amount of $150,000 for an owner occupied
rehabilitation program, and approve all necessary budget
amendments.
Resolution 2013 -106
9) 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 amend the effective
Page 24
May 14, 2013
date of the unit rate increase per meal served in the Nutritional
Services Incentive Program (NSIP) for FY 2012/2013.
Amending the effective date for the unit rate reimbursement
increase to October 1, 2012, also the effective date of the program
10) Recommendation to approve nine (9) substantial amendments
amending previous Annual Action Plans for the purpose of
recognizing and reprogramming unspent U.S. Department of Housing
and Urban Development (HUD) Community Development Block
Grant (CDBG) and HOME Partnership Investment (HOME) funds in
the aggregate amount of $2,771,188.90 and approve any necessary
budget amendments. This item is a companion to Item #16D11.
Unspent funds were the result of projects completed under
budget, un- programmed funds, projects not started/completed,
and unused administration funds
11) Recommendation to approve eight (8) Subrecipient Agreements for
the Community Development Block Grant (CDBG) projects
previously approved for U.S. Department of Housing and Urban
Development (HUD) funding in Amended Action Plans between
FY2004 -2005 and FY2012 -2013 approved by the Board on May 14,
2013. This item is a companion to Item # 16D 10.
Habitat for Humanity, Collier County Housing Authority,
Immokalee Housing and Family Services — Timber Ridge
Community Center, ABLE Academy, The Shelter for Abused
Women and Children, Naples Equestrian Challenge, Goodwill
Industries and Immokalee Housing and Family Services —
Sanders Pines Laundry and Playground Upgrades
12) Recommendation to approve Change Order #5 in the amount of
$26,991.55 and time extension to Contract #12 -5878 Radio Road East
MSTU Landscape & Irrigation Project for Hannula Landscape and
Irrigation, Inc. and approve budget amendments.
As Detailed in the Executive Summary
13) 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 (Senior Choices) and
budget amendment that reflects a decrease of grant funding in the
Page 25
May 14, 2013
amount of $1,689 in the Nutritional Services Incentive Program
(NSIP) for FY 2012/2013.
Amendment was not received by staff in time to meet the agenda
submittal deadline for the April 23, 2013 Board Meeting and
needed to be returned within 30 days
14) Recommendation to approve the necessary budget amendment to
recognize revenue received from the State Aid to Libraries Grant in
the amount of $208,420.
Funds will be used to purchase library materials, services,
equipment and to hire 2 FTE job bank employees in FY13
15) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Custom Industries of Naples, Inc., in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, and
pursue all other avenues of collection to recover materials and
services paid for in full by Collier County Parks and Recreation, in the
amount of $20,490, plus the costs of litigation.
The County had paid a deposit for the purchase and installation
of three awnings that was never provided
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve a Memorandum of Understanding
between Collier County and Amateur Radio Association of Southwest
Florida in support of Emergency Management activities related to
natural and manmade hazards emergency response.
ARASWF has the capacity to communicate to all areas within and
many places outside the County if all other communication
resources are not functioning
2) Recommendation to approve Amendment #1 to a contract with
Turbomeca USA for helicopter maintenance support and authorize the
Chairwoman to sign the agreement.
This amendment provides for unlimited three (3) to five (5) days
use of the tools at no additional cost
Page 26
May 14, 2013
3) Recommendation to approve a License Agreement with Naples
Seventh -Day Adventist Church for use of parking spaces for the
public to access the Rich King Greenway.
Located at 5050 Davis Boulevard
Continued to the May 28, 2013 BCC Meeting (Per Agenda Change Sheet)
4) Recommendation to approve proposed amendments to Ordinance 04-
52, as amended, Criminal History Record Checks and authorize staff
to advertise amendments and return to the Board for final approval.
5) Recommendation to approve a Lease and License Agreement with
East Naples United Methodist Church, Inc., a Florida Non Profit
Corporation, for the continued use of the parking area located in the
northern most portion of the Government Center.
Annual rent is $3000 for the first year with 5 % annual increases
throughout the life of the lease
6) Recommendation to approve the sole source purchase of 14
replacement ambulance cots from Femo in the amount of $67,274
plus shipping and approve a budget amendment.
Existing cots need to be replaced due to age and wear and tear
7) Recommendation to retroactively approve the competitively solicited
US Communities Contract #MA-IS - 1340234 with Graybar Electrical.
For buying electrical parts and supplies to ensure that building
maintenance and equipment repair is timely and complete
8) Recommendation to ratify Property, Casualty, Workers'
Compensation and Subrogation Claims settled and/or closed by the
Risk Management Director pursuant to Resolution 2004 -15 for the
second quarter of FYI 3.
9) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
the Kirk Family Trust, which contains as its res, 3 Las Brisas Way,
Naples, Florida, c/o Allen Kirk, Trustee, and Kathleen Corbett Kirk,
Trustee, and the Las Brisas Neighborhood Association, Inc., in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, to recover damages to the County's main gravity
Page 27
May 14, 2013
line, at the location of the property, in the amount of $37,987.95, plus
the costs of suit.
For expenses incurred by the county to repair damages caused by
repair work performed on a lateral line at a residential home
10) Recommendation to award Bid #13 -6088 Surplus Sale of Fare Boxes
and Counters.
For the sale of 16 fare boxes and 8 fare counters to Martin County
for the amount of $8,600
11) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period of March 21, 2013 to April 17, 2013
12) Recommendation to approve and authorize the Chairwoman to sign
the Collier County Government Equal Employment Opportunity Plan.
Effective May 18, 2013
13) Recommendation to approve the award of ITB #13 -6058, "Filters for
Fleet Vehicles," to Sam Galloway Ford, Inc. as primary vendor, and;
Uni- Select USA, Inc., and Sunbelt Automotive, Inc. d/b /a NAPA
Auto Parts, as secondary vendors.
For a 1 -year term with three 1 -year renewal options
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve the Collier County 2013 Federal
Legislative Agenda and policy priorities.
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 -107
3) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $16,000 and
budget amendment moving funds.
BA #13 -390 — funds for 126 scholarships for summer camp
Page 28
May 14, 2013
4) Recommendation to determine that the latest public petition submitted
by Randall Cohen is a repetitive Public Petition, per County
Resolution 2010 -87.
Moved to Item #6A (Per Commissioner Hiller during Agenda Changes)
5) Recommendation to determine that the latest public petition submitted
by Charles Minard is a repetitive Public Petition, per County
Resolution 2010 -87.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation recognizing May 25, 2013 as National Missing
Children's Day in support of the National Center for Missing &
Exploited Children's ( NCMEC) Take 25 campaign. Proclamation to
be sent to the NCMEC regional office. Sponsored by the Board of
County Commissioners.
Adopted
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. To
attend the 16th Annual Scripps Howard Foundation National
Journalism Awards Dinner on May 9, 2013. The sum of $128 to be
paid from Commissioner Fiala's travel budget.
Held at the Waldorf Astoria, 475 Seagate Drive
3) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. To
attend/Attended the 11 th Annual Tourism Star Awards Luncheon on
May 8, 2013. The sum of $30 to be paid from Commissioner travel
budget.
Held at the Hilton Naples, 5111 Tamiami Trail North
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
Page 29
May 14, 2013
1) To obtain Board approval for disbursements for the period of April
11, 2013 through April 17, 2013 and for submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period of April
18, 2013 through April 24, 2013 and for submission into the official
records of the Board.
As detailed in the Executive Summary
3) Recommendation that the Board accept the investment status update
report for the quarter ending March 31, 2013.
4) Recommendation to approve the seventeenth year State Criminal
Alien Assistance Program (SCAAP) letter delegating authority to
Sheriff Kevin Rambosk to be the official grant applicant and contact
person, or his designee, and to receive and expend the payment of the
seventeenth year of State Criminal Alien Assistance Program
(SCAAP) grant funds.
K. COUNTY ATTORNEY
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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 — 510
Page 30
May 14, 2013
A. Recommendation to consider an Ordinance of the Board of County
Commissioners of Collier County, Florida, an Ordinance amending
Ordinance Number 2009 -15, The Heavenly CFPUD, to revise the accessory
uses to increase the maximum grade level for a school from third grade to
eighth grade; and to replace all references to third grade with eighth grade in
the developer commitments for property located in Section 3, Township 49
South, Range 25 East, Collier County, Florida consisting of 15.93± acres;
and by providing an effective date.
Ordinance 2013 -31
Moved to Item #9C (Per Agenda Change Sheet)
B. This item requires that ex varte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance 2007 -46, as
amended, the Wolf Creek Residential Planned Unit Development, PUDZA-
PL20120000650, by increasing the permissible number of dwelling units
from 671 to 754; by amending Ordinance Number 2004 -41, the Collier
County Land Development Code by amending the appropriate zoning atlas
map or maps by changing the zoning classification of an additional 5± acres
of land from RMF -6(4) Scenic Woods Rezone to the Wolf Creek RPUD and
by changing the zoning classification of an additional 16± acres from
Palermo Cove PUD to Wolf Creek PUD; by revising the development
standards; by adding Exhibit A -1, the amended Master Plan for parcels 1 A
through 3A; by adding Exhibit "D ", Private Road Cross - Section for Parcels
1 A through 3A; by adding Table II, Development Standards for Parcels 1 A
through 3A; and by adding deviations and revising developer commitments.
The subject property is on the north side of Vanderbilt Beach Road (C.R.
862) approximately one -half mile west of Collier Boulevard (C.R. 95 1) in
Section 34, Township 48 South, Range 26 East, Collier County, Florida
consisting of 189± acres; providing for repeal of Ordinance Number 2007-
03, the Scenic Woods Rezone; and by providing an effective date.
(Companion PUDZA- PL20120000680: Palermo Cove PUD)
Moved to Item #91) (Per Agenda Change Sheet)
C. 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. An Ordinance of the Board of County
Commissioners of Collier County, Florida amending Ordinance Number 04-
Page 31
May 14, 2013
41, as amended, the Collier County Land Development Code, which
established the comprehensive zoning regulations for the unincorporated
area of Collier County, Florida by amending the appropriate zoning atlas
map or maps by removing approximately 16 acres from the Palermo Cove
Residential Planned Unit Development (RPUD); and by changing the zoning
classification of the herein described real property from a RPUD zoning
district to a RPUD zoning district for a project known as the Palermo Cove
RPUD, PUDZA- PL20120000680, by revising project development
standards, adding deviations, adopting a new conceptual master plan,
revising developer commitments and reducing the permitted number of
dwelling units from 564 to 237 on property located north of Wolfe Road and
west of Collier Boulevard (C.R. 95 1) in Section 34, Township 48 South,
Range 26 East, Collier County, Florida, consisting of 115± acres; providing
for the repeal of Ordinance Numbers 2005 -34 and 2006 -30, the former
Palermo Cove RPUD; and by providing an effective date. (Companion to
PUDZA- PL20120000650: Wolf Creek PUD)
D. Recommendation to approve two proposed Land Development Code
amendments to section 5.05.08. The first is to subsection 5.05.08 C.9 to
allow freestanding buildings and buildings located on outparcels within a
Planned Unit Development or a common ownership development to have
one secondary fagade. Further, to amend subsection 5.05.08 F, to allow
buildings within Planned Unit Developments to seek an architectural
deviation through the Architectural Deviations and Alternate Compliance
process identified within the Land Development Code.
Ordinance 2013 -32
E. Recommendation to repeal and replace the Animal Control Ordinance
(Ordinance No. 2008 -51, as amended).
Ordinance 2013 -33
F. Recommendation to adopt an ordinance, to be known as "Collier County
Attorney's Ordinance."
Ordinance 2013 -34
Moved to Item #9A (Per Agenda Change Sheet)
G. Recommendation to adopt an ordinance amending Ordinance No. 2003 -53,
as amended, the "Collier County Ethics Ordinance."
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May 14, 2013
H. Recommendation to adopt an ordinance amending Ordinance No. 76 -48, as
amended, to permit dogs on leashes within designated county parks.
Ordinance 2013 -35
Moved to Item #911 (Per Agenda Change Sheet)
I. Recommendation to adopt an ordinance amending Ordinance No. 93 -72, as
amended, the "Collier County Administrator's Ordinance."
J. Recommendation to approve an ordinance providing for an additional
homestead exemption for certain qualifying senior citizens pursuant to
passage of Florida Constitutional Amendment 11 on November 6, 2012.
Ordinance 2013 -36
18. ADJOURN
Motion to adjourn - Approved 4/0 (Commissioner Hiller absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
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May 14, 2013