Recap 07/09/2013 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
July 09, 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 (Telephonically)
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 -249 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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July 9, 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 19 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 Beverly Duncan - Naples United Church of Christ
B. Motion allowing Commissioner Fiala to participate in the meeting
telephonically.
Approved — 4/0
2. AGENDA AND MINUTES
A. Approval of today's consent agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Approved and /or Adopted w /changes — Approved 5/0
B. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
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July 9, 2013
Adopted w /changes — Adopted 510
C. Approval of today's regular agenda as amended.
Approved and /or Adopted w /changes — Approved 510
D. June 11, 2013 - BCC/Regular Meeting
Approved as presented — Approved 510
3. SERVICE AWARDS
A. 20 Year Attendees
1) Robert Nese, Pelican Bay Services
Presented
B. 25 Year Attendees
1) Tania Delgado, Transportation Engineering
Presented
4. PROCLAMATIONS (One Motion taken to Adopt All Proclamations)
A. Proclamation designating August 10, 2013 as Spirit of'45 Day in Collier
County. To be accepted by Spirit of '45 committee members Peter Thomas,
Colonel Nick Hale, Peg Buxton, Myra Williams, Lois Bolin and Greg
Garcia. Sponsored by Commissioner Coyle.
Adopted — 5/0
B. Proclamation recognizing Dr. Philip Stansly for his research and efforts to
resolve the citrus greening disease problem to protect the citrus industry in
Florida and Collier County. To be accepted by Dr. Philip Stansly, Professor
of Entomology, University of Florida/Immokalee Research Center.
Sponsored by Commissioner Hiller.
Adopted — 510
C. Proclamation designating July 9, 2013 as Marla Ramsey Day in Collier
County in recognition of her many contributions to the community.
Sponsored by Commissioner Hiller.
Adopted — 510
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July 9, 2013
D. Proclamation designating July 9, 2013 as Thomas E. Kuck Remembrance
Day in Collier County. Sponsored by Commissioner Hiller.
Adopted — 510
5. PRESENTATIONS
A. Recommendation to recognize Sonja Sweet, Benefits Analyst, Risk
Management, as the Employee of the Month for June 2013.
Presented
B. Presentation of the Collier County Business of the Month for July 2013 to
John R. Wood Realtors. To be accepted by Phil Wood.
Presented
Added (Per Commissioner Hiller during Agenda Changes)
C. Presentation of the Adrenaline Soccer Team
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Kingman Schultz — Isles of Capri Fire consolidation discussion update;
Motion for County Attorney and County Manager to talk with Isles of
Capri MSTU and East Naples Fire regarding merging at the current
millage rate (1.5) and consolidating debit — Approved 510
B. Bob Krazowski — Beach renourishment effects on turtle nesting
Item 8 to be heard no sooner than 1:00 ,um unless otherwise noted
8. BOARD OF ZONING APPEALS
Item 9 to be heard no sooner than 1:00,9m unless otherwise noted
9. ADVERTISED PUBLIC HEARINGS
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Planning Commission.
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July 9, 2013
Resolution 2013 -159: Appointing Michael David Rosen to the Collier
County Planning Commission as the District 2 Representative (for a
term expiring October 1, 2016) — Adopted 510
B. Appointment of member to the Environmental Advisory Council.
Resolution 2013 -160: Reappointing Andrew Dickman (for a term
expiring July 28, 2017) — Adopted 510
C. Recommendation to accept the Medical Director's self - appraisal and the
performance evaluations of members of the Public Safety Authority and to
conduct a performance evaluation for the Medical Director in accordance
with the terms of his contract.
Motion to accept the Medical Director's self - appraisal — Approved 510;
Motion to continue the performance evaluation by the Public Safety
Authority to the Board's second meeting in September and for staff to
revise the appraisal form and criteria currently used for performance
evaluations — Approved 510
Added (Per Agenda Change Sheet)
D. Recommendation the Board of County Commissioners direct staff to
research the following economic development tools as part of the overall
development program for the county and bring back recommendations to the
board in October 2013: 1) Consider developing a public - private partnership
with the Chamber of Commerce with the county providing an operational,
performance -based subsidy conditioned upon the Chamber agreeing to
implement an economic development program that will serve to recruit
businesses to Collier county, and, that such a Chamber program shall be led
by a new Chamber executive director that has demonstrated marketing and
sales skills, along with a proven track record in economic development
transactions. The county would then shift its focus from business recruitment
to administrative facilitation and backing. It is suggested the County
Manager meet with the new incoming Chamber Chair and new executive
director to discuss such a partnership. Further consider hiring a consultant
with knowledge of public - private economic development partnerships to
model relationships and recommend how new business would be recruited
through such a partnership. 2) Consider the following economic
development incentives that do not require an outlay of public tax dollars
and as such will not result in an increase in taxes, nor a shift in existing
program support: (A) Property Tax Abatement - Both constitutionally and
statutorily allowed, this program would allow property tax abatement from
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July 9, 2013
I year to up to 10 years with BCC approval, awards based on job creation
and /or possibly capital investment. Requires referendum approval by tax
payers. Already in place in numerous competing Florida counties. Consider
that if business is not drawn to the county, then tax revenue wouldn't be
generated; therefore the county is net gaining tax revenues it would
otherwise not have in the long run. (B) Short Term Moratorium Countywide
of Commercial Impact Fees - Consider fee credits for all commercial
development to encourage new business growth to allow increased
employment opportunities and future growth in property tax revenue.
Again, if a business won't come to and/or build in the county because fees
are a major impediment then future tax revenue is forfeited and employment
opportunities are lost. The amount of impact fees exempted would be about
$2 -$3 million which will be rapidly paid back by future property taxes the
new property will generate. The net result is a positive increase in overall
county revenue. (C) Real Estate Data Base and Rent Abatement Program -
that the county have its professional real estate department in conjunction
with its outside commercial brokers list all commercial properties and land
available for sale in Collier county on the county's website, much like Lee
County has done. Further, that staff develop a short-term rent abatement
program for emerging or recruited businesses that need to be housed pending
construction or improvement of their new facilities. Incentivize based on
job creation. To ensure that these programs have the intended long term
financial benefit to the county, it's recommended that an outside consultant
be retained to pro forma the return on these programs. Hiring a highly
regarded consulting firm like a McKinsey, Boos or a Big 4 firm to quantify
the impact of these incentives would help the BCC and staff develop an
incentive program with substantive impact. 3) Federal and State Grant
Procurement - The county does not currently have a fully developed federal
and state grant procurement program directed at economic development. To
the end that the county will be bringing in a consultant to aid in developing
its grant administration operations, there should be an overlap with the
county's Office of Economic Development to allow that office to know that
economic development grants will be professionally administered. For
example, seeking grant funding for the construction of incubator facilities,
economic development marketing etc. should be aggressively pursued.
Motion to accept as presented — Approved 3/2 (Commissioner Coyle and
Commissioner Fiala opposed)
11. COUNTY MANAGER'S REPORT
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July 9, 2013
A. Recommendation to adopt a resolution establishing Proposed Millage Rates
as the Maximum Property Tax Rates to be levied in FY 2013/14 and
Reaffirm the Advertised Public Hearing dates in September, 2013 for the
Budget approval process. (Mark Isackson, Director, Corporate Financial
Planning and Management Services)
Resolution 2013 -161— Adopted 510
B. This item to be heard at 11:00 a.m. Recommendation to reject the
response from Great Lakes Dock and Dredge (GLDD) to Invitation to Bid
(ITB) #13- 6076R, "Collier County Beach Renourishment Project" and
postpone hydraulic beach renourishment one to two years until competitive
market conditions stabilize. This option includes the possibility of executing
emergency truck haul renourishment as conditions warrant. (Gary McAlpin,
Manager, Natural Resources /Growth Management Division)
Motion to declare an emergency, waive the competitive bid process and
accept truck -haul Option #3, avoiding turtle nesting, for full
renourishment of the Vanderbilt Beach area — Approved 510;
Motion to declare an emergency, waive the competitive bid process and
accept truck -haul Option #2 for renourishment of hot spots and areas
affected by TS Faye only for the Park Shore area — Approved 4/0
(Commissioner Henning absent);
Motion to declare an emergency, waive the competitive bid process and
accept truck -haul Option #2 for renourishment of hot spots and areas
affected by TS Faye only for the City of Naples area — Approved 4/0
(Commissioner Henning absent)
Motion to reject the Great Lakes Dock and Dredge Bid was taken
under Item #15 during Staff and Commission General Communications
Moved from Item #16F3 (Per Agenda Change Sheet)
C. Recommendation to approve Change Order #5 to Contract #10 -5541 with
Paradise Advertising and Marketing, Inc. for Tourism Marketing Services to
reflect a requested increase for marketing services for the Office of Business
and Economic Development in the amount of $75,000 and authorize the
Chairwoman to execute the Change Order.
Motion for the County Manager and Director of the Office of Business
and Economic Development to work together on creating an Invitation
to Bid soliciting for a new tourism marketing services provider
Approved — 4/0 (Commissioner Coyle absent)
12. COUNTY ATTORNEY'S REPORT
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July 9, 2013
13. OTHER CONSTITUTIONAL OFFICERS
A. This item to be heard at 9:30 a.m. Presentation by the Clerk of the Circuit
Court regarding Audit Report 2013 -5 Tourism Assets, Revenues, and
Expenditures Review (formerly Audit Report 2011 -2).
Presented and Discussed
B. This item to be heard immediately following #13A Presentation by the
Clerk of the Circuit Court's Office regarding Interim Audit Report 2013 -6
Tourism Department Limited Scope: Tourist Development Tax (TDT)
Revenue — Grant Applications Fiscal Year 2011 -2012 (formerly Interim
Audit Report 2011 -2A).
Presented and Discussed
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
Withdrawn (Per Commissioner Henning during Agenda Changes)
1) Recommendation to direct the Airport Authority Executive Director
to modify the Immokalee and Everglades Airport operations by
September 2, 2013 to reduce the airport budget deficit and move the
Immokalee Regional Airport towards self - sufficiency, and for the
Executive director to develop an operations plan and financial review
report to achieve the following: (1) staff reduction plan at the
Immokalee Regional Airport from 5 FTE to 1.5 FTE and/or not
encumbering any more than $129,000 in burdened salaries for staff
and to provide a written feasibility analysis reducing Everglades
Airport staff level to .5 FTE; (2) Analyze adopting a ramp fee of $25
for Immokalee Regional Airport and a minimum fuel purchase of 5
gallons and other reasonable fee adjustments that might increase
revenues; (3) Adopt a single flowage fee for fuel regardless of volume
or fuel source; (4) Consider purchasing fuel for all airports as part of
the bid purchase price of the City of Naples Airport Authority if it
reduces price and is acceptable to their contractor; and (5) Implement
a pre -paid fuel card program to increase funds collected in advance,
eliminate full- service fueling and develop a related discount plan for
$50,000 and $100,000 pre - purchase fuel cards. (Commissioner
Henning)
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July 9, 2013
2) This item to be heard at 10:00 a.m. As recommended by
Commissioner Henning, I am providing an operations plan and
financial review report to modify the Immokalee and Everglades
Airport operations by September 2, 2013 to achieve the following:
(1) staff reduction plan at the Immokalee Regional Airport from 5
FTE to 1.5 FTE encumbering no more than $128,949 and moving
the administrative secretary to a part-time position available with
the Airport Authority Administration to maintain financial levels
of service for all airports; (2) Reduce staff from 1 FTE to .5 FTE at
Everglades Airport and provide a feasibility analysis for potentially
reduced operations; (3) Analyze adopting a ramp fee of$25 for
Immokalee Regional Airport and its effects on airport usage and move
forward immediately with a minimum fuel purchase of 5 gallons; (4)
Adopt a single flowage fee of 25 cents for fuel regardless of volume
or fuel source to increase revenues; (5) Review the ability to end the
fueling contract with World Fuels without penalty and consider
purchasing fuel for all airports as part of the bid purchase price of the
City of Naples Airport Authority if it reduces price and is acceptable
to their contractor and/or if prices are not lower remain with World
Fuels; and (6) Implement a pre-paid fuel card program beginning in
September to increase funds collected in advance and develop a
related discount plan for the $50,000 and $100,000 pre-purchase fuel
cards and analyze the level of full-service fueling that would remain
available by having a working General Manager and/or staff provide
this service with a reduced staff level.
Presented; Motion to accept the plan as presented without
implementing Item (6) the pre-paid fuel card program and
directing the Airport Authority to work together with Risk
Management regarding airport tenant requirements— Approved
4/1 (Commissioner Coyle opposed)
3) Recommendation that the Board, Acting as the Airport Authority,
accepts Inspection Results of KPK Management, Inc., which is now in
compliance.
Motion to approve —Approved 5/0
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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July 9, 2013
A. Current BCC Workshop Schedule
B. Mr. Ochs — Board's November and December meeting schedule
C. Jeff Klatzkow — Litigation w /Quality Enterprises; Motion for County
Attorney to attend the upcoming mediation meeting — Approved 4/0
(Commissioner Coyle absent)
D. Commissioner Henning — Motion to reject Item #11C, the Great Lakes
Dock and Dredge Bid #13 -6076R — Approved 4/0 (Commissioner Coyle
absent)
E. Commissioner Hiller — Memorializing items discussed and direction
given in the Board's Workshop
F. Commissioner Hiller — Concerned about school safety and the current
shortage of deputies in schools requesting the County Manager bring
back a reserve policy regarding this matter to the Board
G. Commissioner Hiller — Motion to adjourn — Approved 3/0
(Commissioner Coyle and Commissioner Henning 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 authorize the Clerk of Courts to release a
Excavation Performance Bond in the amount of $35,140 to the Project
Engineer or Developer's designated agent for Arthrex Commerce Park
PL20110000783.
Located in Section 17, Township 48 South, Range 29 East
2) 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 Esplanade at Hacienda Lakes
Phase One, (Application Number PL20120002539) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
Located in Section 23, Township 50 South, Range 26 East
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July 9, 2013
3) 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 Canopy, (Application Number
PPL- PL20120002575) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security.
Located in Section 35, Township 48 South, Range 26 East
4) Recommendation to approve a Mediated Settlement Agreement with
property owner, Luis Del Risco, and a Stipulated Final Judgment to be
drafted incorporating the same terms and conditions as the Mediated
Settlement Agreement as to full and final compensation in the amount
of $68,000, and attorney fees and expert witness costs in the
combined amount of $38,762 for Parcel 127RDUE in the lawsuit
styled Collier County v. Annette Pocchi, et al., Case No. 10- 2682 -CA
(Collier Boulevard Project #68056). (Fiscal Impact: $52,332).
Regarding a right of way, drainage, and utility easement taken
from a property front on White Boulevard that included a
decorative masonry wall, trees, smaller bushes and sod
5) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 10 -foot Utility Easement located in
Lot 48, Royal Cove, as recorded in Plat Book 8, Page 13 of the Public
Records of Collier County, Florida, located in Section 15, Township
48 South, Range 25 East, Collier County Florida. [Application No.
AVPLAT- PL2013 0000978]
Resolution 2013 -150
6) Recommendation to approve the release of the Utility Performance
Security Bond and Final Obligation Bond in the total amount of
$6,571.80 to the Project Engineer or the Developer's designated agent
for The Rookery at Marco Starter Hut, PL20110002788.
Located in Section 14, Township 51 South, Range 26 East
7) Recommendation to approve a budget amendment in the amount of
$16,797.11 to recognize and appropriate revenues from traffic
accident reimbursements in Landscape Project Fund (112), Project
#60076.1 (Traffic Accidents and Turnlanes).
To repair damages to landscaped medians from traffic accidents
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July 9, 2013
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 Veronawalk Townhomes Phase
Two, Replat, (Application Number FPPL20130000629).
Located in Section 26, Township 50 South, Range 26 East
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 for recording the final plat of Naples Reserve, Phase I,
(Application Number PPL- PL20120002540) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /Stipulations
10) Recommendation to award Request for Proposal (RFP) # 13 -6062,
Annual Contract for Landscape Maintenance Vendors, and authorize
the Chairwoman to sign contracts with four vendors: Florida Land
Maintenance, Inc., Hannula Landscaping and Irrigation, Inc., Leo Jr.
Lawn and Irrigation Services, LLC and Signature Tree Care LLC.
To maintain approximately 100 miles of county road medians
11) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating the 15 -foot water easement as recorded in Official
Record Book 1543, page 1026, of the Public Records of Collier
County, Florida, also being a part of Section 1, Township 49 South,
Range 25 East, Collier County, Florida. (Petition VAC -
PL20130001023)
Resolution 2013 -151
12) Recommendation to adopt a Resolution to hold a public hearing to
consider vacating a portion of the 10 -foot drainage easement, being a
part of Lots 2, 3 and 4 of Lely Barefoot Beach, Unit Two, recorded in
Plat Book 15, pages 71 through 72 of the Public Records of Collier
County, Florida, also being a part of Section 6, Township 48 South,
Range 25 East, Collier County, Florida. (Petition VAC -
PL20130000419)
Resolution 2013 -152
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July 9, 2013
Withdrawn (Per Agenda Change Sheet)
13) Recommendation to acknowledge and allow the owners of 2210
Vanderbilt Beach Road, LLC to proceed at their own risk with
alterations of existing non - conforming signage on their property for
new tenants, while seeking a variance from the existing sign
regulations.
14) Recommendation to approve and authorize the Chairwoman to sign an
Agreement between Collier County and the Wyndemere Homeowners
Association permitting improvements within County right -of -way and
insuring that the community will maintain the improvements in
accordance with the provisions of the Agreement.
County will contribute $5000 of in -kind services and materials
towards this project with no right -of -way permit fee applied
15) Recommendation to adopt a resolution superseding Resolution 2013-
06 establishing the Collier County Growth Management
Division/Planning and Regulation Fee Schedule for development -
related review and processing fees pursuant to Section 2 -11 of the
Collier County Administrative Code.
Resolution 2013 -153
16) Recommendation to authorize a budget amendment in the amount of
$80,000 to support the FY2013 budget established for the Office of
the Hearing Examiner.
17) Recommendation to approve the prioritization of the first five
limerock roads for the purpose of limerock road conversion from the
Road Maintenance resurfacing program in the Road Construction -
Gas Tax Capital Fund 313 (Project #60128) and in the GAC Trust
Road Fund 606, at an estimated cost of $276,000.
Roads include 39th Ave, NE of Everglades Blvd; 4th Ave, NE of
Desoto Blvd; 66th Ave NE, west of Everglades Blvd; 39th Ave NW,
west of Wilson and 40th Ave SW, west of Everglades Boulevard
18) Recommendation to approve the release of lien in the amount of
$40,412.20 for payment of $562.20, in the Code Enforcement Action
entitled Board of County Commissioners vs. Larry D. Shipman, Code
Enforcement Case Number CENA20110007164, relating to property
located at 4591 Pine Ridge Road, Collier County, Florida.
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July 9, 2013
Based on fines for a non - compliance period of 430 days pertaining
to litter which was brought into compliance on March 8, 2013
19) Recommendation to authorize a counteroffer of $150,000 to the
business damage claim made by Circle K Stores, Inc., for Parcels
108FEE, 108TCE 1 and 108TCE2 in the lawsuit styled Collier County
v. H & V Realty, et al, Case No. 13 -CA -461 (U.S. 41 / Collier
Boulevard Intersection Improvement Project No. 60116) (Fiscal
Impact $150,000).
Claiming permanent closing of an existing business due to the
taking of the right -of -way
20) Recommendation to authorize a counteroffer of $350,000 to the
business damage claim made by Holiday CVS , LLC, for Parcels
116FEE, 116TCE1, 116TCE2 and 116TC3 in the lawsuit styled
Collier County v. RTG, et al, Case No. 13 -CA -259 (U.S. 41 /Collier
Boulevard Intersection Improvement Project No. 60116) (Fiscal
Impact $350,000).
Claiming permanent closing of an existing business due to the
taking of the right -of -way
21) Recommendation to direct the County Manager to prepare an
amendment to Ordinance Number 2009 -22 to extend the state of local
economic emergency; tolling to May 12, 2014 the PUD time limits
and time limit extension requirements as found in Section 10.02.13.1)
of the Collier County Land Development Code (LDC).
22) Recommendation to (1) find the Executive Summary's Option #3
Ultimate at grade improvement for the intersection of 951 /Broken
Back Road and Immokalee Road is consistent with and fulfills a
condition set forth in the Heritage Bay PUD/DRI and accompanying
DCA; and (2) direct staff to negotiate a developer agreement which
would implement Option #3, and bring back to the Board for review
and approval of the developer agreement, which would create a
public /private coordinated planning and construction concept for these
improvements.
Fulfilling the conditions set in the Heritage Bay PUD/DRI
23) Recommendation to appoint Clarence Tears to the RESTORE
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Evaluation Committee as an Alternate to Mayor Sammy Hamilton
representing Everglades City.
Resolution 2013 -154
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to reject all bids received in response to Invitation
to Bid # 13 -6022 for Immokalee MSTU Roadway Landscape
Maintenance.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Invitation to Bid # 13 -6102, Naples Manor
Phase I Water Main Replacement to Kyle Construction, Inc., for
$973,090.20 and authorize the Chairwoman to execute a County
Attorney approved contract.
Rehabilitating the potable water distribution system
2) Recommendation to approve a work order under Request for
Quotation #08- 5011 -91 in the amount of $256,130 to Haskins, Inc.,
for Underground Utility Contracting Services for Wastewater Pump
Station 312.21, Rehabilitation Project Number 70046, and to
authorize the necessary budget amendment.
Rehabilitating the wastewater collection system
3) Recommendation to approve a work order under Request for
Quotation #08- 5011 -92 in the amount of $399,193.12 to Quality
Enterprises USA, Inc., for Underground Utility Contracting Services
for Wastewater Pump Station 312.24 Rehabilitation Project Number
70046, and to authorize the necessary budget amendment.
Rehabilitating lift stations
4) Recommendation to approve a work order under Request for
Quotation #08- 5011 -95 in the amount of $474,026.50 to Haskins, Inc.,
for replacement of the sanitary sewer system serving the Regent Park
subdivision, Project Number 70043.
Rehabilitating the wastewater collection system
5) Recommendation to approve separate Work Orders to Douglas N.
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July 9, 2013
Higgins, Inc., under the Fixed -Term Underground Utilities Contract
#08 -5011, in the total amount of $500,039 for the replacement of air
release valves under Project Number 70044, Force Main Technical
Support, and to authorize the necessary budget amendment.
Replacing old, deteriorated air release valves and raising them
above ground on secure pedestals
6) Recommendation to approve the Utility Easement Agreement with
CDC Land Investments, Inc., to accommodate relocation of Master
Pumping Station 306.00 for a total cost not to exceed $132,250,
Project Number 70050.
Replacing and rehabilitating equipment approximately 25 years
old and complying with Collier County Utility Standards
7) Recommendation to approve the Utility and Access Easement
Agreements with Collier Land Development, Inc., and Minto Sabal
Bay, LLC, for the acquisition of the Utility Easements to
accommodate the construction of a wastewater force main for a total
cost not to exceed $18,300, Project Number 70044.
Meeting anticipated system demands throughout the subdivision
8) Recommendation to approve selection committee rankings and enter
into negotiations with Johnson Engineering, Inc., for a contract for
Request for Proposal No. 13 -6078, "Utility Design Engineering
Services - U.S. 41 from Greenway Road to 6L's Farm Road," Project
Numbers 70045 and 73045.
For water and wastewater infrastructure relocation
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an amendment to the Developer
Agreements with Habitat for Humanity of Collier County, Inc. for the
Neighborhood Stabilization Program 3 (NSP3); approve an
amendment to the NSP3 Action Plan to allow for the associated
Developer Agreement change in order to assure 100% grant
expenditure; and authorize a corresponding budget amendment.
(Fiscal Impact $428,000).
Assisting low to middle income families within the community
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July 9, 2013
2) Recommendation to approve a US Department of Agriculture Control
of Agricultural Land Agreement for cattle management improvements
at Caracara Prairie Preserve.
To improve the living conditions for cattle
3) Recommendation to award quote # 13 -6117R for the installation of
automated gate improvements at the Collier Area Transit facility at
8300 Radio Road to FA Remodeling and Repairs, Inc., in the amount
of $56,413.
For security enhancements at the CAT Operations facility
4) Recommendation to approve an extension of Contract No. 11 -5621
"Design for CAT Passenger Transfer Facility" with Atkins North
America, Inc., in order to add time to allow for final design,
permitting and construction services.
With the completion date expected to be December 3, 2013
Moved from Item #17D (Per Agenda Change Sheet)
5) Recommendation to approve a budget amendment recognizing and
appropriating $128,900 of unbudgeted carryforward in the Museum
operating fund to initiate building repairs and provide enhanced
services and facilities for the public.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award Invitation to Bid (ITB) #13-6089 to
Compass Construction, Inc., in the amount of $537,388 for
modification of the existing building at the Port of the Islands Marina
to accommodate Ochopee Fire District Station #61, Project #50069
and authorize the Chairwoman to execute the County Attorney
approved standard contract.
2) Recommendation to approve additions, deletions, and reclassifications
to the 2013 Fiscal Year Pay and Classification Plan made from April
1, 2013 through June 30, 2013.
Ratifying one new classification, three reclassifications and
deleting three classifications
3) Recommendation to approve an assumption agreement with Seminole
Tribe of Florida, Inc.; assume Contract #07 -4180 "Gasoline and
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July 9, 2013
Diesel Fuel" and ITB #10-5581 "Motor Oils, Lubricants and Fluids,"
and; waive purchasing policy to purchase gasoline and diesel fuel
from Seminole Tribe of Florida, Inc., without formal bidding, to refuel
County vehicles at the Seminole Tribe of Florida, Inc. commercial
refueling site at South Horseshoe Drive, and; retroactively approve
payment for all purchases made with Seminole Tribe of Florida, Inc.
since May 31, 2013.
Previously Evans Energy Partners, LLC
4) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period of May 23, 2013 through June 18, 2013
5) Recommendation to approve and authorize the Chairwoman to sign an
amendment to Contract #08 -5009 with Hyland Software Inc. for
continued support of the existing Sire Agenda, Electronic Content
Management System, and Electronic Plan Submittal System.
Extending the contract to September 1, 2018
6) Recommendation to approve an aircraft liability insurance limit for
tenants engaging in aircraft hot refueling activities at Collier County
airports in the minimum amount of $1,000,000.
7) Recommendation to recognize and appropriate the revenues for
Special Services to the Facilities Management Department Cost
Center and approve all necessary Fiscal Year 2012 -2013 Budget
Amendments.
Defined as beyond the scope of routine and regular maintenance
8) Recommendation to approve and execute an Agreement to approve
the donation of equipment from Big Corkscrew Island Fire Control
and Rescue District to Golden Gate Fire Control and Rescue District
under the Golden Gate Estates Land Trust 1983 Agreement.
A truck cab and chassis
9) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement with the Florida Department of
Health to settle an administrative case captioned Florida Department
of Health v. Collier County (DOAH Case No.: 13-001087) with
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July 9, 2013
County agreeing to pay a $2,000 administrative fine and receive a
reprimand; however with no admission of liability.
As detailed in the Executive Summary
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
Resolution 2013 -155
2) Recommendation to adopt a resolution fixing the date, time and place
for the Public Hearing for approving the Special Assessment (Non -ad
valorem Assessment) to be levied against the properties within the
Pelican Bay Municipal Service Taxing and Benefit Unit.
Resolution 2013 -156
Moved to Item #11C (Per Agenda Change Sheet)
3) Recommendation to approve a Change Order #5 to Contract # 10 -5541
with Paradise Advertising and Marketing, Inc. for Tourism Marketing
Services to reflect a requested increase for marketing services for the
Office of Business and Economic Development in the amount of
$75,000 and authorize the Chairwoman to execute the Change Order.
4) Recommendation that the Board of County Commissioners approve a
budget amendment in an amount up to $420,600, and approve
payment for detention services by the Florida Department of Juvenile
Justice (DJJ)
For services during the of remainder of FY13
G. AIRPORT AUTHORITY
1) Recommendation that the Collier County Airport Authority grant the
Executive Director authority to work with the Solid and Hazardous
Waste Management Department to obtain possible funding to resolve
a petroleum discharge cleanup at Marco Island Airport.
As detailed in the Executive Summary
2) Recommendation that the Board of County Commissioners, acting in
its capacity as the Collier County Airport Authority, approve and
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July 9, 2013
authorize the Airport Authority's Executive Director to execute the
Letters of Understanding with Phillips 66 for the airports to be
included, free of charge, in the Phillips 66- Branded Airport Dealers
Excess Liability Insurance Program.
3) Recommendation to approve a Travel Request in the amount of $181
for the Airport Authority Executive to meet with Florida Department
of Transportation in Bartow, Florida.
For the review of runway rehabilitation projects at the Marco
Island Executive and Immokalee Regional Airports
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Kiwanis Club breakfast on June 7, 2013.
The sum of $10 to be paid from Commissioner Fiala's travel budget.
Held at the International House of Pancakes on Davis Boulevard
L MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to provide approval to designate the Sheriff as the
official applicant and point of contact for the U.S. Department of
Justice, Office of Justice Programs, Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant (JAG) FYI Local
Standard grant, authorize the electronic submission of the application,
accept the grant when awarded, approve associated budget
amendments and approve the Collier County Sheriffs Office to
receive an award and expend 2013 JAG Standard grant funds.
2) To obtain Board approval for disbursements for the period of June 13,
2013 through June 20, 2013 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of June 21,
2013 through June 27, 2013 and for submission into the official
records of the Board.
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July 9, 2013
K. COUNTY ATTORNEY
Added (Per Agenda Change Sheet)
1) Recommendation to approve and authorize the Chair to execute a
Settlement Agreement and Amendment in the lawsuit entitled Collier
County, et al., v. Florida Georgia Grove, LLP, et al., filed in the
Twentieth Judicial Circuit in the and for Collier County, Florida (Case
No, 11- 1640 -CA) and direct County staff to commence the process of
vacating any claimed public right -of -way or prescriptive easement
interest to a portion of Mamie Street.
Located south of Chokoloskee Boulevard
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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.
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Adopted w /changes — 510
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 disclaim, renounce and
vacate the County and the public interest in a portion of the Drainage Canal
Easement, recorded in Official Record Book 4385, page 3675 of the Public
Records of Collier County, Florida, also being a part of Section 19,
Township 50 South, Range 26 East, Collier County, Florida, and to accept
the Dedication and Conveyance of easement for access and maintenance.
[Petition VAC- PL20130000413]
Resolution 2013 -157
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July 9, 2013
B. Recommendation to adopt an ordinance amending Ordinance No. 2007 -44,
as amended, the "Collier County Consolidated Code Enforcement
Ordinance," relating to the superiority of a lien on property imposed by an
order of the Code Enforcement Board or the Special Magistrate.
Ordinance 2013 -49
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 -158
Moved to Item #16D5 (Per Agenda Change Sheet)
D. Recommendation to approve a budget amendment recognizing and
appropriating $128,900 of unbudgeted carryforward in the Museum
operating fund to initiate building repairs and provide enhanced services and
facilities for the public.
E. Recommendation that the Board enact the proposed ordinance amendments
for the purpose of effectively merging the Environmental Advisory Council
(EAC) into the Collier County Planning Commission (CCPC), and reducing
the membership of the CCPC from 9 to 7 members, with 2 members being
at -large environmental members.
Ordinance 2013 -50 (CCPC)
Ordinance 2013 -51 (EAC)
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
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July 9, 2013