Recap 12/10-11/2013 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
December 10 -11, 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 -249 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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December 10 -11, 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 FACILITIES MANAGEMENT DEPARTMENT.
L UNCH RECESS SCHED ULED FOR 12: 00 NOON TO 1: 00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Bannon - Crossroads Community Church of Naples
Presented
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 — 510
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.
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December 10 -11, 2013
Approved and /or Adopted w /changes — 510
D. October 22, 2013 - BCC /Regular Meeting
Approved as Presented — 5/0
E. November 5, 2013 - BCC Workshop
Approved as Presented — 510
F. November 12, 2013 - BCC /Regular Meeting
Approved as Presented — 510
3. SERVICE AWARDS - EMPLOYEE
A. 25 Year Attendees
1) Louise Bergeron, Library
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating December 10, 2013 as Douglas Molloy Day in
Collier County in recognition of Mr. Molloy's staunch commitment to
making our community safe and just during his 33 years as a top criminal
prosecutor. To be accepted by Douglas Molloy. Sponsored by
Commissioner Hiller.
Adopted — 510
B. Proclamation designating January 5 -11, 2014 as Collier County Republican
Women's Week. To be accepted by Rep. Kathleen Passidomo, Honorary
Chair; Jan Face Glassman, Event Chair; Priscilla Grannis, President of
Women's Republican Club of Naples Federated; Cynthia Miles and Michelle
Morgenstern, Women's Republican Club of Naples Federated; Dorene
McShea, President, Southwest Florida Federated Republican Women; Litha
Berger, President of Caxambas Republican Club; Judy Taber, Collier
Republican Club; Judith Friedland, Republican Jewish Committee of
Southwest Florida; Phyllis Dallmann, Barbara Stang, Cindy Lyster, Kathi
Gray and Ann Brown, Collier County Republican Executive Committee;
Erika Donalds, Collier County Young Republicans; Mary Knaiz and Natalie
Staudacher, Collier County Teen -Age Republicans; and Christine
Sutherland, Collier Republican State Committeewoman. Sponsored by
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December 10 -11, 2013
Commissioner Hiller.
Adopted — 510
C. Proclamation recognizing the 70th Anniversary of the Naples Municipal
Airport and its contributions to the region. To be accepted by Executive
Director Ted Soliday, Deputy Executive Director Sheila Dugan and Board
Chair John Allen. Sponsored by Commissioner Fiala.
Adopted — 510
D. Proclamation designating January 5 -11, 2014 as Corkscrew Regional
Ecosystem Watershed (CREW) Trust Week in Collier County. To be
accepted by Doug Machesney, CREW Trustee. Sponsored by Commissioner
Fiala.
Adopted — 510
E. Proclamation recognizing the Collier County Alumnae Chapter of Delta
Sigma Theta Sorority, Inc., chartered in Collier County on October 26, 2013.
To be accepted by Chris Rahmings, Pamela Wilkins, Della Bradley, Diane
Haynes, Thelma Johnson, Rhonda Cummings, Jennifer Williams, Cynthia
Battle, Jenise Morgan, Cynthia Powers, Tonge Lawson, Darlene Jackson,
Debra Johnson, Wilmede Joseph, Rosetta Kirk, Mildred Pitts, Doris Cotton,
Crystal Moody, Carolyn Perry, Shirley Williams, Sandra Fulton, Rozalyne
Wright, Michelle Brice, Michelle Williams and Alana Smith. Sponsored by
the Board of County Commissioners.
Adopted — 510
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month December, 2013
to Shula's Steakhouse. To be accepted by Clark Hill, Jeff Jerome and Tom
Donahue.
Presented
B. Recommendation to recognize Corey Ford, Senior Technical Support
Professional, Public Utilities, as Employee of the Month November, 2013.
Recognized
C. This item to be heard at 10:00 a.m. Presentation by Mr. Richard Broome,
Senior Vice President, Corporate Affairs and Communications at Hertz
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December 10 -11, 2013
Global Holdings, Inc.
Presented
6. PUBLIC PETITIONS
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Bob Krasowski — Beach Renourishment Permit Violations
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
A. This item continued from the November 12, 2013 BCC Meeting.
Recommendation to review and approve the 2013 combined Annual Update
and Inventory Report (AUIR) on Public Facilities and Capital Improvements
Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier
County Land Development Code and Section 163.3177(3)(b), Florida
Statutes.
Ordinance 2013 -71 Adopted w /changes — 5/0
B. Recommendation that the Board of County Commissioners (1) adopts the
attached Resolution which would authorize the use of the uniform method of
collecting non -ad valorem special assessments within the La Peninsula
Community to fund the costs of providing seawall improvements and other
waterway improvements for the La Peninsula community, and (2) to adopt
an Ordinance to establish the La Peninsula Seawall Municipal Service
Benefit Unit.
Resolution 2013 -292 — Adopted 4/1 (Commissioner Henning opposed);
Ordinance 2013 -70 Adopted w /changes — 4/1 (Commissioner Henning
opposed)
C. This item has been continued to the January 14, 2014 BCC Meeting.
This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are required
to be sworn in. Recommendation to adopt a Resolution to disclaim, renounce
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December 10 -11, 2013
and vacate the County and the Public interest in a portion of Mamie Street
south of Chokoloskee Drive, being a part of Section 36, Township 53 South,
Range 29 East, Chokoloskee, Collier County, Florida.
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation that the Collier County Board of Commissioners pledge
its support to the regional economic development initiative known as the
Southwest Florida Economic Development Alliance ( "SWFEDA ") as a
Cornerstone member in the amount of $10,000 per year for the next three
years. The intent of the alliance is to join the separate organizations in
Southwest Florida that work on economic development efforts at the county
and city levels in order to promote the region. The regional organization
will develop the region's brand that will serve to attract companies and their
site selectors, since they look at regions, not city and county boundaries.
Additional benefits of membership will include the county's logo on the
regional website, along with other information about Collier County, the
right to use the SWFEDA logo, the county's logo on SWFEDA print
material, participation in the roundtables, and recognition at regional
economic development events. The county will be officially recognized
as a promoter and supporter of regionalism, all in the interest of economic
growth and prosperity. (Commissioner Hiller)
Approved — 5/0
B. Recommendation that the Board of County Commissioners approve sharing
in the cost of engaging a professional consulting firm with the Partnership
for Collier's Future Economy (a subsidiary of Collier's Chamber of
Commerce), to draft a "Community and Economic Development Strategic
Plan" for the benefit of Collier County. The total estimated cost of the
project is $222,000. The County's not to exceed share of the project cost is
$111,000 which includes one half of the consulting services contract costs
($71,000) and one half of the Partnership's allocated internal project
management and overhead expenses ($40,000). The Plan shall outline the
necessary steps needed to brand, market, promote and sell the County as an
economic development destination for relocating businesses and for
entrepreneurial growth, all in the interest of promoting an environment that
allows for job creation. In addition, authorize the Board to waive the
competitive solicitation requirements pursuant to Section V(A) of the
Purchasing Policy. (Commissioner Hiller)
Approved — 510
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December 10 -11, 2013
C. Recommendation that the Collier County Board of Commissioners accept
the Collier County Accelerator Feasibility White Paper and provide Staff
direction based on the report recommendations. The County is committed to
fostering economic growth through the development of an entrepreneurial
accelerator which will house emerging businesses that are deemed to have
the greatest potential for successful growth. The project will be designed to
mirror the Community Innovation Collaboration and Masschallenge
programs in Cambridge, MA. This project will the first of its kind in the
Southwest Florida region and will include community partners such as
Florida Gulf Coast University, Chamber of Commerce, venture capitalists
and local business leaders. At the state level, support for the project will be
garnered from Enterprise Florida, the Office of Economic Development, the
legislature and the governor. The hope is that this project will become a
model for additional accelerators throughout the state, serving to advance the
objective of job creation. (Commissioner Hiller)
Motion to accept the report and direct staff to work with Dr. Goodman
on development of the accelerator, an operational plan, explore possible
funding opportunities, options regarding available space and return to
the Board with information for further discussion — Approved 5/0
D. Recommendation that the Board of County Commissioners approve an
agreement between Collier County and RETIS designating Collier County
exclusive rights to host the RETIS FACE 6 Executive Training Program in
the spring of 2014, approve providing funding in the amount of up to
$10,000 for financial support in facilitating the event, and approve that the
County's Office of Economic Development will house and provide support
staff to the French government's non-profit staff during the program period.
The local business community has matched the County's commitments by
offering incubator and accelerator space to aid French companies as they
look to establish themselves here. This is a public-private initiative not only
involving local government and local businesses, but additionally involving
Florida Gulf Coast University and Enterprise Florida. The view to the long
term is that RETIS will establish a formal presence in Collier County,
treating Collier as its base of operation as it brings French businesses to the
region. (Commissioner Hiller)
Approved — 5/0
E. This item to be heard at 3:30 p.m. Recommendation that the Collier
County Board of Commissioners direct staff to work with the Southwest
Florida Soccer Foundation ("SWFSF") as it seeks to develop a state of the
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December 10-11,2013
art soccer facility in Collier County. Collier County, as a community is
committed to healthy living and sports excellence. In its quest to achieve
both objectives, Collier County government recognizes the importance of
growing sports facilities including but not limited to sports parks. The
positive consequence of investing in sports facilities is not limited to the
promotion of health and physical fitness, but also is a major economic
development driver for the County as promoted through the County's sports
marketing department. SWFSF intends to make a major investment in
Collier County in the form of a soccer complex that will include outdoor
fields, an indoor stadium and an outdoor stadium. The intent is that Collier
County Government will joint venture with SWFSF in this project, since the
County's parks budget is limited. By joint venturing with the private sector,
the County will have the opportunity to be a part of a complex it would
otherwise not be able to build on its own. The County's participation would
be limited to providing a rent abated County site for the facility and support
SWFSF efforts to obtain an industrial revenue bond. All other costs of
construction and operations will be borne by SWFSF. Since this project is
considered an economic development project as well as a parks project, it is
unique in nature. The hope is that this will be the first of such sports driven
public - private partnerships which in the future could possibly include velo,
baseball /softball, swimming, basketball, lacrosse etc. (Commissioner Hiller)
Motion to approve and for staff to return to the Board with options
Approved — 510
F. Recommendation that the Board of County Commissioners adopts a
Resolution which would set forth a rotation of the Chair of the Board of
County Commissioners and various other Boards. (Commissioner Hiller)
Resolution 2013 -291 Adopted w /the removal of Paragraph #2
per County Attorney Klatzkow — 510
G. Chairwoman's annual report highlighting significant Board accomplishments
in Calendar Year 2013. (Commissioner Hiller)
Presented
H. Appointment of one alternate member to the Collier County Code
Enforcement Board.
Resolution 2013 -293: Appointing Lisa Chapman Bushnell — Adopted 510
11. COUNTY MANAGER'S REPORT
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December 10 -11, 2013
A. This item continued from the November 12, 2013 BCC Meeting.
Recommendation to approve the selection and contract with AVIAREPS for
tourism representation services in Brazil, authorize the Chair to sign a
County Attorney approved contract, and make a finding that this expenditure
promotes tourism. (Jack Wert, Tourism Director)
Approved — 5/0
Wednesday, December 11, 2013
To be heard on Wednesday, December 11, 2013 (Per Agenda Change Sheet)
B. This item to be heard at 9:30 a.m. Recommendation to award ITB
# 13 -6185 to Gates Construction, Inc., in the amount of $2,248,975.72 for
the construction of the "Eagle Lakes Community Center "; authorize the
necessary Budget Amendment in the amount of $825,000 and authorize the
Chairwoman to execute the contract. (Barry Williams, Parks and Recreation
Director)
Approved — 510
Wednesday, December 11, 2013
C. Recommendation to award Contract No. 13 -6138 - Lely Area Stormwater
Improvement Project (LASIP), Davis Boulevard Weir and Canal
Improvements to D. N. Higgins, Inc., in the amount of $1,764,929 plus
a 10% contingency of $176,492.90 on the Purchase Order for a total of
$1,941,421.90, Project No. 51101. (Jay Ahmad, Transportation Engineering
Director)
Motion to approve staffs recommendation for a total of $1,941,421.90
Approved — 4/0 (Commissioner Coyle absent)
Wednesday, December 11, 2013
D. Recommendation to award Invitation to Bid #13 -6161, ASR Well 2, in the
amount of $2,630,640 to Douglas N. Higgins, Inc., and, authorize a budget
amendment in the amount of $2,030,640 for the Livingston Road Irrigation
Quality Water Aquifer Storage and Recovery Well below USDW Phase 2,
Project 974030. (Tom Chmelik, Planning and Project Management Director)
Approved — 510 (Commissioner Coyle arrived at 9:15 a.m.)
E. Recommendation to adopt a resolution authorizing condemnation of those
perpetual and temporary easement interests necessary for construction of a
replacement bridge on 28th Avenue Southeast over Miller Canal. Estimated
fiscal impact: $32,200. (Project No. 60123) (Jay Ahmad, Transportation
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December 10 -11, 2013
Engineering Director.)
Resolution 2013 -294 Adopted — 510
F. Recommendation to adopt a resolution amending Resolution No. 2008 -353,
as amended and supplemented by Resolution No. 2011 -190, to further
supplement authorization of the condemnation of land and easements
necessary for construction of roadway, drainage and utility improvements
required for expansion of Collier Boulevard from four lanes to six lanes
from Green Boulevard to Golden Gate Boulevard, including portions east on
White Boulevard and west on Pine Ridge Road (Project #68056) Estimated
fiscal impact: $395,000. (Marlene Messam, Senior Project Manager)
Resolution 2013 -295 — Adopted 5/0
G. This item to be heard at 3:00 p.m. Recommendation for the Board of
County Commissioners to consider the All Terrain Vehicle (ATV) Park Ad
Hoc Committee's recommendations with regard to settlement funds. (Nick
Casalanguida, Growth Management Administrator)
Motion for the $2,965,127.58 settlement balance to be placed in an
interest bearing account, to not sunset the ad -hoc committee but use it
on an "as- needed basis" and Commissioner Nance contact Miami -Dade
County to explore any interest in a possible partnership — Approved 510
H. Recommendation to confirm the appointment of Mr. Stephen Y. Carnell to
the position of Public Services Division Administrator. (Leo Ochs, County
Manager)
Approved — 4/1 (Commissioner Henning opposed)
Wednesday, December 11, 2013
Moved from Item #16A25 (Per Agenda Change Sheet)
I. Recommendation for the Board to consider a Memorandum of
Understanding (MOU) with the Community Foundation of Collier
County (CFCC) to clarify CFCC and County roles regarding acceptance
of donations from the CFCC for the construction of artificial reefs.
Approved — 3/2 (Commissioner Hiller and Commissioner Nance
opposed)
12. COUNTY ATTORNEY'S REPORT
Wednesday, December 11, 2013
Added (Per Agenda Change Sheet)
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December 10 -11, 2013
A. Recommendation that the Board of County Commissioners authorizes the
County Attorney to enter into a Retainer Agreement with Nabors Giblin &
Nickerson to represent Collier County in a $1.9 million overpayment to the
Florida Department of Juvenile Justice.
Approved — 5/0
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
Wednesday, December 11, 2013
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule
Commissioner Hiller — Feels workshops should be scheduled quarterly
Commissioner Henning — Workshop schedule should remain as is
Commissioner Hiller — No workshop January 7th
B. Commissioner Henning — Senator Rand Paul's proposal regarding
possible beach renourishment federal funding cuts
Commissioner Hiller — Requests Commissioner Henning send a letter to
Senator Paul regarding any proposed cuts to renourishment funding
C. Commissioner Henning — Proposed sod farm in Immokalee
Commissioner Nance — Concerns regarding soil removed in farming sod
D. Commissioner Fiala — Landscape discussed at February, 2014 workshop
E. Commissioner Fiala — Will continue placing her expenses on the agenda
F. Commissioner Fiala — Goodland CR92A flooding; will be brought back
in January as a Board agenda item
G. Commissioner Hiller — Presentation Item 10G will go on County website
Commissioner Nance — Motion to accept Commissioner Hiller's
presentation Item #10G and supports placing accomplishments on
County website — Approved 4/0 (Commissioner Coyle absent)
H. Commissioner Nance — Motion to adjourn — Consensus (Commissioner
Coyle and Commissioner Henning absent)
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December 10 -11, 2013
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.
------------------------------------------------------------------------------------------------------ - - - - --
Adopted and /or Approved w /changes — 510
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plat of Regal Acres (Application
Number AR- 13297) with roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
security and acceptance of the plat dedications.
Resolution 2013 -269
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 recording the final plat of Esplanade at Hacienda Lakes Phase
One, (Application Number PL20130002273) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W /stipulations
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 Lipari - Ponziane, Tract FD -2
Replat (PL20130001949). This plat is a re- subdivision of lands
within Traviso Bay/Wentworth Estates PUD.
Located in Section 32, Township 50 South, Range 26 East
4) Recommendation to authorize the Clerk of Courts to release a Letter
of Credit in the amount of $350,896 which was posted as a
development guaranty for work associated with Treviso Bay
Excavation Permit 59.917 and 59.917 -1, AR -6463 and AR- 13732.
5) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 929541565 issued by Continental Insurance
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December 10 -11, 2013
Company on behalf of Lennar Homes, LLC in the amount of
$30,641.75 posted as a development guaranty for work associated
with Aqua Di Treviso at Treviso Bay, Excavation Permit No. 60.069,
Application PL20110001276.
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 recording the final plat of Creekside Commerce Park East,
(Application Number AR -8411) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve recording the final plat of Tuscany Pointe, (Application
Number PPL- PL20130001473) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W /stipulations
8) Recommendation to approve the partial release of a lien in the accrued
amount of $79,430.86 for payment of $530.86, in the Code
Enforcement Action entitled Board of County Commissioners vs.
Elias Nicot, relating to property known as Parcel No. 38552520000,
on 37th Avenue NW (no physical address), Collier County, Florida.
Because of unabated code violations at 670 20th Street NE a lien
was placed on all property owned by the respondent; this partial
request is only for a lien on vacant residential property with no
code violations under new ownership
9) Recommendation to approve a release of lien in the accrued amount
of $102,000 for payment of $2,800 in the Code Enforcement action
entitled Board of County Commissioners vs. Ronald Talerico, Code
Enforcement Special Magistrate Case Number CEROW20110014889,
relating to property at 262 Kirtland Drive, Collier County, Florida.
For 509 days of non - compliance for a filled swale on the back of
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December 10 -11, 2013
property without a permit or inspections brought into compliance
on September 11, 2013
10) Recommendation to approve the release of lien in the accrued amount
of $5,827.96 for payment of $1,527.96 in Code Enforcement action
entitled Board of County Commissioners vs. Crystal Pepper, Code
Enforcement Special Magistrate Case Number CEPM20090011813,
relating to property at 3850 Recreational Lane, Collier County, FL
For 19 days of non - compliance pertaining to a pool with green
water -algae brought into compliance December 1, 2009
11) Recommendation to approve a release of lien in the amount of
$21,912.38 for payment of $562.38, in the Code Enforcement Action
entitled Board of County Commissioners vs. Teresa Lee Haney,
Special Magistrate Case No. CEAU20120004466, relating to property
located at 857 105th Avenue N., Collier County, Florida.
For 218 days of non - compliance pertaining to a fence in disrepair
brought into compliance on May 13, 2013
12) Recommendation to approve a release of lien in the accrued amount
of $16,174.79 for payment of $1,874.79 in the Code Enforcement
action entitled Board of County Commissioners vs. Chad C. Dixon,
Code Enforcement Special Magistrate Case Number
CEPM20120016145, relating to property located at 2313 Kings Lake
Boulevard, Collier County, Florida.
For 59 days of non - compliance pertaining to a pool with green
water -algae brought into compliance on May 6, 2013
13) Recommendation to terminate Contracts under #12 -5857R for
"Nuisance Abatement Services" previously awarded to FA
Remodeling and Repairs, Inc. (Primary) and Oliva Enterprises, Inc.
(Secondary) and award all services to Neal's Lawn and Landscaping
Maintenance, Inc.; and authorize the Chairwoman to execute the
amendment.
As detailed in the Executive Summary
14) Recommendation to approve the 2014 schedule for submittals to
amend the Collier County Growth Management Plan (GMP).
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December 10 -11, 2013
15) Recommendation to approve an Agreement providing ExxonMobil
Oil Corporation access to perform environmental investigations and
remediation activities. Fiscal Impact: $44 (Project: #60116)
To access property once owned by Exxon that was used as a
service station for fuel sales, petroleum and hazardous products
which could cause contamination of soil or groundwater on or
under the property
16) Recommendation to approve an easement agreement for the purchase
of a drainage, access and maintenance easement required for the
construction of storm water improvements known as the "Crews
Road, Cope Lane and Sandy Lane /Wing South Interconnect" segment
of the Lely Area Stormwater Improvement Project. (Project #51101).
Estimated Fiscal Impact: $1,027.
For Folio #00404320001 & Folio #00406400000
17) Recommendation to authorize a budget amendment to recognize carry
forward for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of $8,500.
18) Recommendation to approve final acceptance of water and sewer
utility facilities for Verona Pointe, #AR- 10279, and authorize the
County Manager, or his designee, to release the Final Obligation Bond
in the amount of $4,000 to the Project Engineer or Developer's
designated agent.
Located in Section 13, Township 48 South, Range 25 East
19) Recommendation to approve final acceptance of the water utility
facility for Margood Harbor Park, PL20110002508.
Located in Section 18, Township 25 South, Range 27 East
20) Recommendation to approve payment of previously submitted
inaccurate invoices from FY12 to Better Roads, Inc., in the amount of
$37,929.53, for its application of sidewalk overlay on Pelican Bay
Blvd. under the County's Annual Resurfacing Contract #09 -5328.
21) Recommendation to approve an Easement Agreement required for the
"Crews Road, Cope Lane and Sandy Lane /Wing South Interconnect"
segment of the Lely Area Stormwater Improvement Project #51101.
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December 10 -11, 2013
Estimated Fiscal Impact: $6,900.
Folio #00420560007
22) Recommendation to approve a Purchase Order to Quality Enterprises
USA, Inc., for median safety modifications on Collier Boulevard at
the entrance to the Forest Glen Golf and Country Club in the amount
of $127,272.85 using the Annual Roadway Contractors Agreement
(Contract #12- 5864).
23) Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H) to waive competitive bidding and
increase an existing purchase order in the amount of $15,000 to cover
real estate appraisal research fees and expert witness testimony costs
anticipated in support of eminent domain litigation for the US -41/
Collier Boulevard Intersection Improvement Project No. 60116.
Fiscal Impact: $15,000.
24) Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H) to waive competition required by
the Consultants' Competitive Negotiation Act "CCNA" and increase
an existing purchase order in the amount of $20,000 to cover
engineering fees and expert witness testimony costs anticipated in
support of eminent domain litigation for the US -41 /Collier Boulevard
Intersection Improvement Project No. 60116. Fiscal Impact: $20,000.
Moved to Item #11I (Per Agenda Change Sheet)
25) Recommendation for the Board to consider a Memorandum of
Understanding (MOU) with the Community Foundation of Collier
County (CFCC) to clarify CFCC and County roles regarding
acceptance of donations from the CFCC for the construction of
artificial reefs.
Added (Per Agenda Change Sheet)
26) Recommendation to approve a release of lien in the amount of
$31,330.86, for payment of $23,976.96, in the Code Enforcement
Action entitled Board of County Commissioners v. J.P. Morgan Chase
Bank, Code Enforcement Board Case No. CESD20130000542,
relating to property located at 321 7th St. NW, Collier County, Florida.
Page 16
December 10 -11, 2013
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC), as
the Collier County Community Redevelopment Agency (CRA),
authorize a budget amendment for a Disaster Recovery Initiative
(DRI) subgrant in the amount of $517,300 to fund drainage system
improvements and new sidewalks along Colorado Avenue within the
Immokalee Community Redevelopment Area.
Known as the Colorado Avenue Area Stormwater Improvements
2) Recommendation for the Board of County Commissioners (BCC),
acting in its capacity as the Community Redevelopment Agency
(CRA), to approve the Amended Immokalee CRA's attached
proposed Exit Strategy for the Immokalee Business Development
Center (IBDC) and authorize the County Attorney to prepare the
necessary documents for future CRA Board consideration.
Extending the dissolution of December 31, 2013 to March 31, 2014
to conduct a USDA grant- funded feasibility study for the IBDC
3) Recommendation that the Collier County Board of County
Commissioners (BCC), acting in its capacity as the Community
Redevelopment Agency (CRA), approve a grant budget amendment
in the amount of $150,000, and formally accept an amendment to
Community Development Block Grant (CDBG) Subrecipient
Agreement #B- 10 -UC -12 -0016 between the Collier County BCC
and the Collier County Community Redevelopment Agency (CRA)
(Immokalee) and approve the underlying substantial amendment.
For the First Street Plaza (Zocalo) Project
4) Recommendation that the Board of County Commissioners, in its
capacity as the Community Redevelopment Agency (CRA), approves
a Resolution modifying the CRA Bylaws as it relates to the timing of
its annual meeting.
CRA Resolution 2013 -270
5) Recommendation that the Board of County Commissioners, as the
Collier County Community Redevelopment Agency (CRA), approve
the attached Change Order 2 to Contract No. 12 -5896 between the
CRA and David Corban Architects, PLLC for Design Services
associated with the First Street Zocalo project in Immokalee. This
Page 17
December 10 -11, 2013
change is limited to project completion date and has no fiscal impact.
Changing a completion date of October 29, 2013 to May 31, 2014
6) Recommendation to award Invitation to Bid (ITB) #13-6067 -
Immokalee First Street Public Plaza (a/k/a "Zocalo" or "Placita ") to
Surety Construction, Inc., in the amount of $576,256 (Collier County
Project Number 33192), approve all necessary budget amendments
and authorize the Chairwoman to sign the attached contract.
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a Resolution and Satisfactions of Liens
for the 1993, 1994, 1995, and 1996 Solid Waste Collection and
Disposal Services Special Assessments where Collier County has
received payment for full satisfaction of the liens. Fiscal impact:
$68.50 to record the Satisfactions of Liens.
Resolution 2013 -271
2) Recommendation to award Invitation to Bid number 13 -6179, Project
Number 70104 "NCRWTP Sulfuric Acid Injection Improvements for
Blowdown Water Disposal," to Mitchell & Stark Construction
Company, Inc., in the amount of $673,000.
As detailed in the Executive Summary
3) Recommendation to authorize the Utilization of the Competitively
Solicited Lee County Award B- 130513 - Electric Motor Repair &
Replacement services with John Mader Enterprises, Inc., dba Mader
Electric Motors for the purchase of pumps and motors in Public
Utilities and all other County Divisions.
Used by various departments throughout the County
4) Recommendation to approve removing uncollectible accounts
receivable and their respective balances from the financial records of
Collier County Public Utilities Division in the amount of $26,117.56.
Resolution 2013 -272
5) Recommendation to approve a work order under Request for
Quotation #08- 5011 -107, in the amount of $377,369, to Douglas N.
Higgins, Inc., for the South County Regional Water Treatment Plant
Page 18
December 10 -11, 2013
Odor Control Blowdown Disposal, Project No. 70104.
To meet the demand for potable water
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve five (5) satisfactions of mortgage in the
amount of $52,652.50 of owner occupied dwelling units that have
satisfied terms of their affordability period or for death of the owner.
Located at 707 Palm Ridge Street, Immokalee; 502 Breezewood
Drive, Immokalee; 412 S 3rd Street, Immokalee; 840 Briarwood
Boulevard, Naples and 4132 20th Avenue, Naples
2) Recommendation to approve one (1) mortgage satisfaction for a State
Housing Initiatives Partnership (SHIP) loan in the amount of $3,920.
Located at 3660 6th Avenue SE, Naples
3) Recommendation to approve two Memorandums of Agreement with
the Florida Fish and Wildlife Conservation Commission (FWC) in
order to allow FWC to conduct Youth Hunts for Collier County
residents at Pepper Ranch Preserve in January and February 2014.
The participant rules are listed in the Executive Summary
4) Recommendation to approve the Comprehensive Operational Analysis
(COA) for Collier Area Transit.
5) Recommendation to award Invitation to Bid (ITB) #13-6186 to
Compass Construction, Inc., in the amount of $931,926 for the
construction of the "Vanderbilt Beach Restroom Facilities ", authorize
the Chair to execute the attached contract, approve the necessary
budget amendment, and make a finding that this project expenditure
promotes tourism.
6) Recommendation to accept a State Housing Initiatives Partnership
Program (SHIP) mortgage and promissory note in the amount of
$41,937.21 with a loan term of fifteen (15) years to begin effective
10/5/2009. This is a one -time exception to the 2007 -2010 Local
Housing Assistance Plan (LHAP) to allow an alternate payment term.
Located at 304 Weeks Terrace, Immokalee
Page 19
December 10 -11, 2013
7) Recommendation to approve an after - the -fact Amendment #4 to the
Older Americans Act Title III B contract transferring funds from
Transportation to Case Management and In -Home Services and to
approve the necessary budget amendment (Net Fiscal Impact:
$31,200)
Continuing to provide case management and in -home support
services to qualified Collier County Seniors
8) Recommendation to approve two State Housing Initiative Program
(SHIP) Satisfactions of Mortgage in amounts of $77,000 and $5,500.
To obtain a clear title for deeded property Folio #74031520006
9) Recommendation to approve an amendment to Standard Contract
between Collier County and the Area Agency on Aging for Southwest
Florida, Inc. d/b /a Senior Choices of Southwest Florida to extend the
grant period through February 28, 2014 and Attestation Statement as
well as authorize necessary budget amendments to reflect estimated
funding for the Calendar Year 2014 Older Americans Act Programs
(Net Fiscal Impact $778,737)
Provides support services for frail elderly clients in the County
10) Recommendation to approve four Disaster Recovery Grant Signature
Authority Forms for submittal to the Florida Department of Economic
Opportunity in order to reflect the signatures of current staff members.
11) Recommendation to approve the Collier County Consolidated Annual
Performance and Evaluation Report (CAPER) for U.S. Department of
Housing and Urban Development (HUD) for Community
Development Block Grant (CDBG), HOME Investment Partnership
(HOME and Emergency Solutions Grant (ESG) for Fiscal Year 2012-
2013 as required; approve the CAPER Resolution; and authorize the
Chair to certify the CAPER for submission to HUD.
Resolution 2013 -273
12) Recommendation to acknowledge termination letters from Disaster
Recovery Initiative and Disaster Recovery Enhancement Grant
subrecipients Collier County Housing Authority (CCHA) and
Immokalee Housing and Family Services (IHFS) for projects in the
amounts of $1,359,966.72 (2 projects) and $90,000, respectively.
Page 20
December 10 -11, 2013
Reprogramming of grant funds will be presented to the Board at a
future meeting.
13) Recommendation to authorize a budget amendment recognizing
$33,900 in program income revenue generated by affordable rental
properties acquired under the Neighborhood Stabilization Program
(NSP 1).
From a multi - family rental complex on Gilchrist Street, Naples
14) Recommendation to authorize a budget amendment recognizing
$245,250.26 in program income revenue generated when conveying
properties acquired under the Neighborhood Stabilization Program
(NSP 1).
Located at 2820 47th Avenue NE, 3402 Seminole Avenue, 3502
Caloosa Street and 4735 6th Avenue SE, Naples
15) Recommendation to approve substantial amendments to Annual
Action Plans for three funding years amending project scopes and
funding for various projects utilizing U.S. Department of Housing and
Urban Development (HUD) Community Development Block Grant
(CDBG) and HOME Partnership Investment (HOME) funds and
approve four subrecipient agreements funded with HUD CDBG funds
United Cerebral Palsy of SW FL (UCP); Legal Aid Service of
Collier County; Big Cypress Housing Corporation and Boys &
Girls Club of Collier County
16) Recommendation to approve and authorize the Chair to sign FYI 3/14
State Aid to Libraries Grant Agreement. Fiscal Impact ($219,000).
17) Recommendation to authorize the County Manager or his designee to
enter into a Facility Rental Agreement with the Naples Model Yacht
Club, Inc. for the use of the North Collier Regional Park (NCRP)
pond during designated dates and times.
An agreement January 1, 2014 through December 31, 2014
18) Recommendation to approve a Developer Commitment Agreement
with, and convey an easement to, Fifth Third Bank on County
property, (Project No. 80065.1) and authorized a $20,250 budget
amendment.
Folio #61940320009
Page 21
December 10 -11, 2013
19) Recommendation to award Invitation to Bid (ITB) #13 -6157 Senior
Food Program to ILS Group, LLC dba Classic Caterers and authorize
the Chairwoman to execute a County Attorney approved contract.
Providing home delivered and congregate meal service for the
senior nutrition program
20) Recommendation to provide after - the -fact approval for the submittal
of a Holiday Wishes grant application to the Petco Foundation for an
animal welfare grant in an amount of up to $100,000.
If awarded the grant would be used to upgrade adoption areas,
improve animal living areas and expand programs
21) Recommendation to approve the recognition of carryforward in the
amount of $156,201.04 in Housing Grant Fund 121 and approve the
necessary budget amendments.
Grant funds received that weren't appropriated by the Board
through a budget amendment but used to offset expenditures
22) Recommendation to approve amendment No. 1 to the Community
Development Block Grant (CDBG) Agreement between Collier
County and the Community Redevelopment Agency (CRA) -
Immokalee in order to update budget line items and extend the project
completion date. (Fiscal Impact $0)
Extending the agreement which provides for an employee to
operate the IBDC through February 28, 2014
23) Recommendation to grant a Deed of Conservation Easement to South
Florida Water Management District for Oakes Neighborhood Park.
Folio #41930520004
24) Recommendation to approve the Collier County University Extension
Department's request for funding from the Collier County 4 -H
Association in the amount of $82,000; approve a subsequent
acceptance of requested funds; authorize the Chair to sign a
Memorandum of Understanding with Collier County 4 -H Association;
and authorize the necessary Budget Amendment.
Beginning January 2014 through December 2014
Page 22
December 10 -11, 2013
25) Recommendation to approve an amendment to the Home Care for the
Elderly (HCE) agreement between Collier County and the Area
Agency on Aging for Southwest Florida, Inc. d/b /a Senior Choices of
Southwest Florida increasing funding by transferring funds between
budget lines for year two (2013 - 2014). (Net fiscal impact is $6,254)
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to award Bid # 13 -6111 "Annual Contract for
Painting Contractors" and contracts to Cover All, Inc., d /b /a Ron's
Jons Porta Potty Rental; Florida Service Painting, Inc., d /b /a Service
Painting of Florida; and FA Remodeling and Repairs, Inc. for painting
contractor services.
For various County facilities though out the County
2) Recommendation to approve the purchase of Group Health
Reinsurance coverage for calendar year 2014 in the estimated amount
of $776,056 to SunLife Insurance Company.
As the current Stop Loss coverage expires on December 31, 2013
3) Recommendation to approve the Collier County Government
Employee Benefit Plan Document, Flexible Benefits Plan Document
and Health Reimbursement Arrangement Document effective January
1, 2014.
Envision, Inc. is the Pharmacy Benefit Management Company
4) Recommendation for the Board to authorize the necessary Budget
Amendment in the amount of $45,842 for unanticipated building
repairs related to the EMS #3 Helicopter Operations Hanger.
Various issues and damages that require a contractor's repair
5) Recommendation to approve a Memorandum of Understanding
between Collier County and Edison State College in support of
Emergency Management activities related to natural and manmade
hazards emergency response.
Coordinating relief efforts in a time of disaster
6) Recommendation to award Bid #13-6057 "On -Call Mechanical
Contractor Services" to Johnson Controls, Inc. as primary vendor and
Conditioned Air Corporation of Naples, Inc., as secondary vendor, for
Page 23
December 10 -11, 2013
Mechanical Engineering and Contractor Services and authorize the
Chair to sign the Contracts.
For maintenance, repair, replacement and construction of County
owned facilities of all HVAC equipment
7) Recommendation to recognize carryforward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of $1,161.82.
8) Recommendation to approve the use of Contract # 12 -5846 Contract
Laborers with Balance Staffing within Board approved operating
budgets.
9) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period of October 18, 2013 through November 19, 2013
10) Recommendation to approve and authorize the Chairwoman to
execute a Settlement Agreement with Florida Department of Health to
settle an administrative complaint captioned Florida Department of
Health v. Collier County EMS (Case No.: 2013 - 06440) for $1,500.
The ALS License expired on April 18, 2013 and an application
was due 30 days prior to expiration of the license
11) This item continued from the November 12, 2013 BCC Meeting.
Recommendation to authorize the County Manager and staff to use
Federal GSA schedules (i.e. Schedule 70 and 1122 Program); State of
Florida Contracts, Agreements and Price Lists; competitively solicited
contracts by US Communities, Western States Contracting Alliance,
National Intergovernmental Purchasing Alliance (NIPA), National
Joint Powers Alliance (NJPA) public purchasing consortiums; and,
competitive solicitations from State of Florida cities, counties, and
other public municipalities (i.e. Sherriff s Association) for the
efficient purchase of goods and services for the delivery of public
services and for which funds were approved in operating budgets.
F. COUNTY MANAGER OPERATIONS
1) This item continued from the October 22, 2013 BCC Meeting.
Recommendation to approve an amendment to the Tourism Travel
Page 24
December 10 -11, 2013
Expense Resolution 2006 -40 related to County Purchasing Card limits
consistent with the County Purchasing Policy and make a finding that
this item promotes tourism.
Resolution 2013 -274
2) Recommendation to approve a refund of an Affordable Housing
Contribution to Naples Nissan, totaling $23,788.50, due to removal of
an Affordable Housing Contribution commitment from the Pine View
Commercial Planned Unit Development.
As detailed in the Executive Summary
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2013 -14 Adopted Budget.
Resolution 2013 -275
4) Recommendation to approve the attached agreements with Haynes
Corporation for economic incentives, consistent with the company's
approved incentive application, as directed by the Board of County
Commissioners at the June 11, 2013 regular meeting.
The incentives are detailed in the Executive Summary
5) Recommendation to authorize the payment of impact fees, permit fees
and associated charges in the amount of $16,041.16 from Fund 107,
Impact Fee Administration, for Building Permit No. 2006062448.
Allowing the property to meet compliance and residential real
estate taxes to be collected
G. AIRPORT AUTHORITY
1) Recommendation to authorize the Chairwoman to execute the
attached Resolution authorizing the suspension of hangar rent, tie -
down, and other applicable use agreement fees at the Marco Island
Executive Airport during the time period that the Airport is closed for
the rehabilitation construction of Runway 17/35.
AA Resolution 2013 -276
2) Recommendation that the Board of County Commissioners acting as
the governing body of the Collier County Airport Authority approve
and authorize the County Manager or his designee to execute the
Page 25
December 10 -11, 2013
attached standard tie -down agreements for the Everglades Airpark,
Immokalee Regional Airport and Marco Island Executive Airport.
3) Recommendation that the Board of County Commissioners acting as
the governing body of the Collier County Airport Authority approve
and authorize the County Manager or his designee to execute the
attached standard t- hangar lease agreements for Everglades Airpark,
Immokalee Regional Airport and Marco Island Executive Airport.
Withdrawn (Per Agenda Change Sheet)
4) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, award Invitation to Bid (ITB) #13-6171 Sod
Harvesting at Immokalee Airport for a minimum license fee of
Twenty Thousand Dollars ($20,000) per year to Florida Sod, Inc., and
authorize the Chairwoman to sign the attached Sod Harvesting
License Agreement, pending FAA approval.
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating November 2013 as Pancreatic Cancer
Awareness Month in Collier County. Proclamation will be mailed to
the Pancreatic Cancer Action Network. Sponsored by the Board of
County Commissioners.
Adopted
2) Proclamation recognizing the 20th Anniversary of Marco Movies
Cineplex. To be presented by Commissioner Fiala on December 13,
2013. Sponsored by Commissioner Fiala.
Adopted
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Area Association Installation Banquet on
December 3, 2013. The sum of $55 to be paid from Commissioner
Fiala's travel budget.
Held at The Island Country Club, 500 Nassau Road, Marco Island
4) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Marco Island Chamber of Commerce Christmas Gala on
Page 26
December 10 -11, 2013
December 8, 2013. The sum of $75 to be paid from Commissioner
Fiala's travel budget.
Held at Bistro Soleil Restaurant, 100 Palm Street, Marco Island
5) Appointment of member to the Vanderbilt Beach Beautification
MSTU Advisory Committee.
Resolution 2013 -277: Reappointing Mark S. Weber to a term
expiring November 13, 2017
6) Appointment of member to the Collier County Citizens Corps.
Resolution 2013 -278: Appointing Rachelle Wood to serve the
remainder of a term expiring November 5, 2014
7) Appointment of members to the Development Services Advisory
Committee.
Resolution 2013 -279: Reappointing James Boughton, Clay
Brooker, Stan Chrzanowski and Chris Mitchell with all terms
expiring December 14, 2017
8) Appointment of member to the Public Safety Authority.
Resolution 2013 -280: Appointing Ronald Myers to serve the
remainder of a term expiring July 2, 2016
9) Appointment of member to the Collier County Coastal Advisory
Committee.
Resolution 2013 -281: Appointing Ian J. Butler to a term expiring
May 22, 2017
10) Appointment of member to the Isles of Capri Fire Control District
Advisory Committee.
Resolution 2013 -282: Reappointment of James Hughes to a term
expiring December 31, 2015
11) Appointment of member to the Immokalee Enterprise Zone
Development Agency /Community Redevelopment Agency Advisory
Committee.
Resolution 2013 -283: Appointing Frank Nappo to represent the
nonprofit /community -based organization category for a term
expiring April 4, 2015
Page 27
December 10 -11, 2013
12) Appointment of member to the Housing Finance Authority.
Resolution 2013 -284: Appointing Glen D. Harrell representing
the commerce /labor category to serve the remainder of a term
expiring September 11, 2015
13) Appointment of member to the Parks and Recreation Advisory Board.
Resolution 2013 -285: Reappointing McMurdo Smith in the urban
area category to a term expiring December 31, 2017
14) Reconsideration request by Commissioner Hiller regarding
November 12, 2013 Item 17C, moved to Item 9D which reads:
Recommendation to adopt an ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances, which is Collier
County Consolidated Impact Fee Ordinance, providing modifications
directed by the Board of County Commissioners related to a change in
the timing of payment of impact fees to issuance of a certificate of
occupancy, inclusion of Water and Wastewater Impact Fees as
eligible for the "Impact Fee Program for Existing Commercial
Redevelopment" and including additional minor updates or
corrections related to "Adult Only Communities," obsolete refund
provisions, reimbursement agreements and the "former" Goodland
Water District.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain approval for disbursements for the period of November 1,
2013 to November 7, 2013 and for submission into the official records
of the Board.
2) To obtain Board approval for disbursements for the period of
November 8, 2013 through November 14, 2013 and for submission
into the official records of the Board.
3) To obtain Board approval for disbursements for the period of
November 15, 2013 through November 21, 2013 and for submission
Page 28
December 10 -11, 2013
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
November 22, 2013 through November 28, 2013 and for submission
into the official records of the Board.
5) Recommendation to accept the report of interest for the fiscal year
ending September 30, 2013 pursuant to Florida Statute 218.78 and
Purchasing Policy XII.E; for the year ending September 30, 2013 no
interest was requested or paid.
6) Recommendation to approve a budget amendment recognizing
Federal HHS Vote Program Grant Award 2009 Funds for Voting
Accessibility for Individuals with Disabilities in the amount of
$8,636.33.
7) Request that the Board of County Commissioners accepts and
approves capital asset disposition records for the time period July 1,
2013 through September 30, 2013.
8) To provide the Board of County Commissioners, acting as the Collier
County Airport Authority, the Clerk of the Circuit Court's Office
Audit Report 2014 -1 FAA Grants — Runway Rehabilitation Projects
issued on December 4, 2013.
K. COUNTY ATTORNEY
1) Recommendation to ratify and approve a stipulated Final Judgment as
to McDonald's Corporation's interest in Parcels 113FEE and 113TCE
in the lawsuit styled Collier County, Florida v. New Plan Florida
Holdings, LLC, et al., Case No. 13 -CA -238 as part of US41 /Collier
Boulevard Intersection Improvement Project. (Project No. 60116)
Fiscal Impact: $5,000.
Folio #34520001005
2) Recommendation to approve a Mediated Settlement Agreement and a
Final Judgment to be drafted incorporating the same terms and
conditions as the Mediated Settlement Agreement in the amount of
$2,289,133 for the acquisition of Parcel 115FEE in the lawsuit styled
Collier County, Florida v. New Plan Florida Holdings, LLC, et al.,
Page 29
December 10 -11, 2013
Case No. 13 -CA -238 (US 41 /SR -CR -951 Intersection Improvement
Project #60116). (Fiscal Impact: $339,303)
Folio #00724680007
3) Recommendation to approve an Amendment to an Agreement for
Legal Services for the Retention Agreement with Hopping Green &
Sams by amending Exhibit "A."
Listed as an attachment to the Executive Summary
4) Recommendation to approve and authorize the Chair to execute a
mediated Settlement Agreement in the lawsuit of Darling Elie v.
Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida, Case No. 07- 1463 -CA for the sum of
$400,000 and authorize the requested budget amendment for the Risk
Management Department pursuant to the settlement terms.
From an accident occurring October 12, 2004
5) Recommendation to invoke the exemption in the County's Purchasing
Policy (Section VII, Paragraph H) to waive competitive bidding and
increase an existing purchase order in the amount of $125,000 to
cover attorney fees anticipated in support of eminent domain litigation
for the US -41 / Collier Boulevard Intersection Improvement project
(Project No. 60116) and to approve the attached amendment with
Smolker Bartlett Schlosser Loeb and Hinds, P.A. to allow for the
reimbursement of lodging fees incurred during trial not to exceed a
total of $5,000. Fiscal Impact $125,000.
------------------------------------------------------------------------------------------------------------
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 -
Page 30
December 10 -11, 2013
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Adopted — 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 approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004 -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 for a project previously known as the
Bradford Square Mixed Use Planned Unit Development (MPUD) to a new
MPUD which will continue to be known as the Bradford Square MPUD, to
allow construction of either 100,000 square feet of gross leasable office or
retail with up to 10 residential dwelling units or to allow construction of
group housing for seniors for up to 130 units with a floor area ratio of 0.50
on property located on the northeast corner of the intersection of Vanderbilt
Beach Road and Livingston Road in Section 31, Township 48 South, Range
26 East, Collier County, Florida, consisting of 9.18 + /- acres; providing for
the repeal of Ordinance Number 07 -41, the former Bradford Square MPUD;
and by providing an effective date. (PUDZ- A- PL20130000266)
Ordinance 2013 -64
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004 -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 for a project previously known as the
Cocohatchee River Trust Planned Unit Development (PUD) which is
henceforth to be known as the Bay House Campus CPUD, to remove the
Special Treatment Overlay and to allow 400 seats of restaurant /cocktail
lounge, a 50 room hotel or motel, and 4,500 square feet of gross floor area of
accessory retail uses including a culinary school, specialty retail and
restaurant/brew house on property located in Section 21, Township 48
South, Range 25 East, Collier County, Florida, consisting of 8.67 +/- acres;
Page 31
December 10 -11, 2013
providing for the repeal of Ordinance Number 88 -30, the Cocohatchee River
Trust PUD; and by providing an effective date. (PUDZ- A- PL20120001593)
Ordinance 2013 -65
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. Recommendation to approve Petition VAC -
PL20130002148, to disclaim, renounce and vacate the County and the public
interest in the 5 -foot utility easement being a part of lot 418, Riviera Golf
Estates, Unit 2, as recorded in Plat Book 13, pages 108 through 111, of the
public records of Collier County, Florida, also being a part of Section 18,
Township 50 South, Range 26 East, Collier County, Florida.
Resolution 2013 -286
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. Recommendation to approve an Ordinance of the
Board of County Commissioners of Collier County, Florida amending
Ordinance Number 2004 -41, as amended, the Collier County Land
Development Code, which established comprehensive zoning regulations for
unincorporated area of Collier County, Florida by amending the appropriate
zoning atlas map or maps by changing the zoning classification of the herein
described real property from an Agricultural (A) zoning district within
Wellfield Risk Management Special Treatment Overlay zones W -3 and W -4
(ST /W -3 and ST /W -4) to a Residential Planned Unit Development (RPUD)
zoning district within Wellfield Risk Management Special Treatment
Overlay zones W -3 and W -4 (ST /W -3 and ST /W -4) for a project known as
the Landings at Bear's Paw RPUD to allow construction of a maximum of
25 residential dwelling units and up to 38 boat slips on property on the
Golden Gate canal south of Bear's Paw in Section 35, Township 49 South,
Range 25 East, Collier County, Florida consisting of 10.75± Acres; and by
providing an effective date. (Petition number RZ- PL20120002095)
Ordinance 2013 -66
E. Recommendation to adopt an ordinance amending Ordinance No. 90 -105,
as amended, known as the Collier County Contractors' Licensing Board
Ordinance, in order to apply recent revisions to Chapter 489, Florida
Statutes, with an effective date of January 1, 2014.
Ordinance 2013 -67
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December 10 -11, 2013
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2013 -14 Adopted Budget.
Resolution 2013 -287
G. Recommendation to adopt an Ordinance Amending Ordinance No. 97 -82, as
amended, which created the Bayshore Beautification Municipal Service
Taxing Unit, so as to allow for additional right -of -way improvements.
Ordinance 2013 -68
H. Recommendation to adopt a Resolution proposing amendment to the Collier
County Growth Management Plan, Ordinance 89 -05, as amended,
specifically amending the Potable Water subelement of the Public Facilities
Element to amend Policy 1.7 to reference the updated Ten Year Water
Supply Facilities Work Plan, and furthermore recommending transmittal of
the amendment to the Florida Department of Economic Opportunity.
(Transmittal Hearing: CPSP- 2013 -7)
Resolution 2013 -288
I. Recommendation to approve a Resolution amending the Collier County
Water -Sewer District's Utilities Standards Manual.
Resolution 2013 -289
J. Recommendation that the Board of County Commissioners enacts a new
Purchasing Ordinance, and that until a Purchasing Manual is approved by
the Board, that the present Purchasing Policy with respect to all purchases
under $50,000 continue in full force and effect, as amended by this
Ordinance.
Ordinance 2013 -69
18. ADJOURN
— Consensus (Commissioner Coyle and Commissioner Henning 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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