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07/08/2014 (CR) COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Time Certain Airport Authority Item 11.D: 10:15 a.m. I I ./ r rit AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 July 08,2014 9:00 AM Commissioner Tom Henning,District 3 -BCC Chair Commissioner Tim Nance,District 5 -BCC Vice-Chair;TDC Chair Commissioner Donna Fiala,District 1 -CRAB Chair Commissioner Georgia Hiller,District 2 -Community&Economic Development Chair Commissioner Fred W.Coyle,District 4-CRAB Vice-Chair NOTICE:All persons wishing to speak on Agenda items must register prior to speaking.Speakers must register with the Executive Manager to the BCC prior to presentation of the Agenda item to be addressed.All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No.2003-53 as amended by ordinance 2004-05 and 2007-24,requires that all lobbyists shall,before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners),register with the Clerk to the Board at the Board Minutes and Records Department. 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. Lunch Recess scheduled for Noon to 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE 1.A. Reverend Sheila Zellers- Motivated By Love Ministries®, Inc. Pg. 1 - 1 2. AGENDA AND MINUTES 2.A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent agenda.) 2.B. June 10, 2014- BCC/Regular Meeting 3. SERVICE AWARDS 3.A. EMPLOYEE 3.A.1. 20 Year Attendees 3.A.1.a. John Plummer Jr. - EMS Pg. 2 - 2 3.A.2. 25 Year Attendees 3.A.2.a. Joe Delate-Transportation Engineering Pg. 3 - 3 3.A.2.b. Heather Sweet- Utility Billing and Customer Service Pg.4-4 3.B. RETIREES 3.B.1. Winona Stone - 15 years-Administrative Services Pg. 5 - 5 3.B.2. Kady Arnold- 18 years- Communications and Customer Pg. 6 - 6 Relations 4. PROCLAMATIONS 4.A. Proclamation designating July 12, 2014 as Queens All Star Little Pg. 7 - 8 League Day. To be accepted by Julia Alessi, Lydia E. Cartwright, Victoria M. Choinski,Jazlyn Curry,Olivia Eckelman, Kaylea Evans, Brooke Hackim,Delaney Heidel,Sara Leon,Ashlee Lykins, Macie E. MacDonald, Bianca Palacios,and Emily Wright.Sponsored by Commissioner Henning. 4.B. Proclamation recognizing the Collier Mosquito Control District for Pg. 9 - 10 earning the Waste Reduction Awards Program (the WRAP award). To be accepted by Jim Stark, Executive Director of Collier Mosquito Control District. Sponsored by the Board of County Commissioners. 4.C. Proclamation to declare August 9, 2014 as Victor Bucket and Pappy Pg. 11 - 12 Wagner Day. To be accepted by Victor Bucket, US Navy Veteran and USS Indianapolis survivor and Harold`Pappy'Wagner,US Marine Veteran. Sponsored by the Board of County Commissioners. CM: Motion to Approve 5. PRESENTATIONS 5.A. Recommendation to recognize Connie Deane, Public Information Pg. 13 - 15 Coordinato0072, Growth Management Division,as the Employee of the Month for June 2014. 5.B. Presentation of the July Business of the Month for Collier County to be accepted by Patrick Neale, Principal Attorney, Kerry Hall, Paralegal and Karen Klukiewicz, Chief Operating Officer. 6. PUBLIC PETITIONS 6.A. Public Petition request from Caitlin Weber representing the Pg. 16 - 21 Conservancy of Southwest Florida, regarding the Collier County Petition for a Formal Administrative Hearing challenging the Consent Order between the Florida Department of Environmental Protection (FDEP) and the Dan A. Hughes Company. The Conservancy would like to discuss groundwater monitoring efforts and present updated information. 7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. CM:Speakers Under Public 8. BOARD OF ZONING APPEALS Comment Item 8 to be heard no sooner than 1:30 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:30 pm unless otherwise noted. 9.A. Recommendation to consider an Ordinance amending Ordinance Pg. 22 - 103 CM: Requires a number 04-41, as amended,the Collier County Land Development Supermajority Code,which includes the comprehensive land regulations for the Vote unincorporated area of Collier County, Florida,by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter One - General Provisions, including Section 1.08.02 Definitions; Chapter Two - Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts, Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts, Section 2.03.07 Overlay Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemptions from Requirements for Vegetation Protection and Preservation, Section 3.05.05 Criteria for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards; Chapter Four- Site Design and Development Standards, including Section 4.01.02 Kitchens in Dwelling Units, Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures, Section 4.02.16 Design Standards for Development in the Bayshore Gateway Triangle Redevelopment Area, Section 4.06.02 Buffer Requirements; Chapter Five - Supplemental Standards, including Section 5.03.02 Fences and Walls, Excluding Sound Walls, Section 5.03.03 Guesthouses, Section 5.03.05 Caretaker Residences, 5.04.04 Model Home and Model Sales Centers, Section 5.04.05 Temporary Events, Section 5.06.00 Sign Regulations and Standards by Land Use Classification,Section 5.06.02 Development Standards for Signs Within Residential Districts, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations, Section 5.06.06 Prohibited Signs, Section 5.06.09 Nonconforming Signs; Chapter Six- Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine -Variations from Code Requirements,including Section 9.03.03 Types of Nonconformities; Chapter Ten -Application, Review,and Decision-Making Procedures, including Section 10.02.08 Requirements for Amendments to the Official Zoning Atlas,Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Required Methods of Providing Public Notice, Section 10.03.06 Public Notice and Required Hearings for Land Use Petitions; Section Four,Adoption of Amendments to the Collier County Zoning Atlas, more specifically amending the following: Zoning Map number 0502S to rezone various properties located on the north side of Davis Boulevard (SR-84) from Airport-Pulling Road (CR- 31) west to the Naples city limit, from C-4 General Commercial and C-5 Heavy Commercial to C-4-GTMUD-MXD and C-5-GTMUD-MXD (Gateway Triangle Mixed Use Overlay District- Mixed Use Subdistrict); Section Five, Conflict and Severability; Section Six, Inclusion in the Collier County Land Development Code; and Section Seven, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Add On Item. Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. (Commissioner Fiala's request) 10.B. Add On Item. Recommendation to 1) Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations,adjacent to residential property while the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request) 11. COUNTY MANAGER'S REPORT 11.A. Continued to the September 9, 2014 BCC Meeting. This item has been Pg. 104- continued from the June 24,2014 BCC meeting to the July 8,2014 BCC 126 meeting. Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Michelle Arnold,Alternative Transportation Modes Director) (Commissioner Nance's request) 11.B. Recommendation to adopt a resolution establishing Proposed Millage Pg. 127 - Rates as the Maximum Property Tax Rates to be levied in FY 2014/15 133 and Reaffirm the Advertised Public Hearing dates in September 2014 for the Budget approval process. (Mark Isackson, Corporate Financial and Management Services Director) 11.C. Recommendation to approve an Agreement for Sale and Purchase Pg. 134- with Asset Recovery XVIII, LLC,for the purchase of property to 346 accommodate the future Wilson/Benefield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. (Fiscal Impact$5,542,000) (Nick Casalanguida, Growth Management Administrator) 11.D. Recommendation to approve and execute a Purchase Agreement in Pg. 343 - the amount of$3,337,500 with Kiropa Island, LLC for the purchase of 358 1.84 improved acres on Enterprise Avenue for the Supervisor of Elections, and approve a $17,740 budget amendment. (Len Price, Administrative Services Administrator). 11.E. Recommendation to award Bid No. 14-6269, "Collier County Pg. 359 - Northeast Recycling Drop-off Center,"to Cleveland Construction in 373 the amount of$5,156,769.21; and,authorize a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery,"to Project 59009, "Northeast Recycling Drop-off Center." (George Yilmaz, Public Utilities Division Administrator) 11.F. Recommendation to award bid number 14-6270,South Reverse Pg. 374- Osmosis Wellfield Medium Voltage Cable Replacement,to Quality 395 Enterprises USA, Inc., in the amount of $1,694,999; approve a Work Order in the amount of$306,826 to CDM Smith, Inc.,for construction services; and,authorize a budget amendment in the amount of $1,400,000 for the Well/Plant Power Systems Project 70069. (George Yilmaz, Public Utilities Division Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 15.A. Proposed Future Workshop Schedule Pg. 396 - 397 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. 16.A. GROWTH MANAGEMENT DIVISION 16.A.1. Recommendation to approve an extension of two years for Pg. 398 - completion of Site Development Plan (SDP) improvements 405 associated with Tenchitas Convenience Store (SDP AR-14305) pursuant to Section 10.02.03 H of the Collier County Land Development Code. 16.A.2. This item requires that ex parte disclosure be provided by Pg. 406 - Commission members. Should a hearing be held on this item, 416 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Sienna Reserve, (Application Number PL20130002033) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.3. This item requires that ex parte disclosure be provided by Pg. 417 - Commission members. Should a hearing be held on this item, 421 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Morningside Reserve, Application Number PL20140000249. 16.A.4. This item requires that ex parte disclosure be provided by Pg. 422 - Commission members. Should a hearing be held on this item, 432 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Mussorie Village at Fiddler's Creek, (Application Number PL20140000591) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.5. This item requires that ex parte disclosure be provided by Pg. 433 - Commission members. Should a hearing be held on this item, 449 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Raffia Preserve - Phase 3, (Application Number PL20140000592) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.6. This item requires that ex parte disclosure be provided by Pg. 450 - Commission members. Should a hearing be held on this item, 465 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Palazzo at Naples, (Application Number 20130002119) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.7. This item requires that ex parte disclosure be provided by Pg. 466 - Commission members. Should a hearing be held on this item, 476 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Landings at Bears Paw, (Application Number PL20120002819) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.8. Recommendation to approve final acceptance of the private Pg. 477 - roadway and drainage improvements for the final plat of 489 Biscayne Bay at Heritage Bay Unit Four (AR-10129) and authorize the acceptance of the plat dedications and release of the maintenance security in the amount of$157,902.16. 16.A.9. This item requires that ex parte disclosure be provided by Pg. 490 - Commission members. Should a hearing be held on this item, 499 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Riverstone - Plat Seven, (Application Number PL20140000666) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.10. This item requires that ex parte disclosure be provided by Pg. 500 - Commission members. Should a hearing be held on this item, 515 all participants are required to be sworn in. Recommendation to approve for recording the final plat of Oyster Harbor at Fiddler's Creek Phase 1, (Application Number PL20130002036) approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.11. Recommendation to approve a release of lien with an accrued Pg. 516 - value of$122,481.43 for payment of$3,081.43, in the code 521 enforcement action entitled Board of County Commissioners v. Melba Garcia, Code Enforcement Board Case No. CESD20090014480, relating to property located at 4280 6th Avenue NE, Collier County, Florida. 16.A.12. Recommendation to approve a release of lien with an accrued Pg. 522 - value of$17,312.29 for payment of$562.29, in the code 528 enforcement action entitled Board of County Commissioners v.ABFC 2006-HE1 Trust, Code Enforcement Special Magistrate Case No. CESD20100007028, relating to property located at 3577 Randall Boulevard, Collier County, Florida. 16.A.13. Recommendation to approve a release of a code enforcement Pg. 529 - lien with an accrued value of$235,580.86, for payment of 535 $3,580.86, in the code enforcement action entitled Board of County Commissioners v. Ofelina M. and Dean L. Patten, Code Enforcement Board Case No. CESD20110007245, relating to property located at 4530 20th St. NE, Collier County, Florida. 16.A.14. Recommendation to approve the release of a code Pg. 536 - enforcement lien with an accrued value of$179,681.43 for 542 payment of$17,681.43, in the code enforcement action entitled Board of County Commissioners v. Julio C. Rodriguez, Code Enforcement Board Case No. CESD20110006525, relating to property located at 2620 22nd Avenue NE, Collier County, Florida. 16.A.15. Recommendation to approve a release of a code enforcement Pg. 543 - lien with an accrued value of$177,830.57 for payment of 558 $530.57, in the code enforcement action entitled Board of County Commissioners v. Edgar Perez, Code Enforcement Board Case No. CESD20090010573,relating to property located at 3445 56th Avenue NE, Collier County, Florida. 16.A.16. Recommendation to approve the release of a code Pg. 559 - enforcement lien (and amended lien) with an accrued value of 568 $23,967.96,for payment of$1,168.90,in the code enforcement action entitled Board of County Commissioners v.Jerry Currie and Susan Currie, Special Magistrate Case No. CEPM20090008987, relating to property located at 1797 54th St. SW., Collier County,Florida. 16.A.17. Recommendation to approve seven releases of code Pg. 569 - enforcement liens with a combined accrued value of 603 $138,238.19 for payment of$4,188.19,in the code enforcement actions entitled Board of County Commissioners v.Judith Harbrecht Hill and William P. Hill, Trustees,in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point,Collier County, Florida. 16.A.18. Recommendation to approve the release of two code Pg. 604- enforcement liens with a combined accrued value of 614 $392,298.99 for payment of$9,904, in the code enforcement actions entitled Board of County Commissioners v. Linda Haines and William Haines, Special Magistrate Case Nos. 2007-080938 and CEPM20120007772, relating to the property located at 3087 Lunar Street(a/k/a 3077 Lunar Street), Collier County, Florida. 16.A.19. Recommendation to approve an easement agreement for the Pg. 615 - acquisition of Parcel 102TCE,a temporary construction 629 easement required for the construction of a replacement bridge on 28th Avenue Southeast over the Miller Canal. (Project No. 60123.) Estimated Fiscal Impact: $1,180. 16.A.20. Recommendation to approve an easement agreement for the Pg. 630 - purchase of a Road Right-of-Way, Drainage and Utility 702 Easement(Parcel 211RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. Project No. 60040 (Fiscal Impact: $3,500) 16.A.21. Recommendation to approve an easement agreement for the Pg. 703 - purchase of a road right-of-way, drainage and utility 716 easement(Parcel 258RDUE) required for the expansion of Golden Gate Boulevard from east of Wilson Boulevard to 20th Street East. (Project No. 60040.) Estimated Fiscal Impact: $2,527. 16.A.22. Recommendation to approve the award of contracts 14-6190 Pg. 717 - Golden Gate City Stormwater Drainage Improvement Project 886 Design to Agnoli, Barber and Brundage, Inc., CH2M Hill Engineers, Inc.,Johnson Engineering Inc.,and RWA, Inc.,for professional design and related services and authorize the Chairman to execute the contracts. 16.A.23. Recommendation to declare a valid public emergency,waive Pg. 887 - the threshold amounts established for a "Continuing 909 Contract"in accordance with the limited exception under the Consultants' Competitive Negotiation Act, Florida Statutes§ 287.055(3)(a) and approve a Work Order under Professional Services Contract Number 13-6164 to complete the design with modifications as described herein and add additional design services for maintenance of traffic for the, Design& Related Services for Replacement of Bridge Number 034020 on White Boulevard over Cypress Canal project. (Project Number 66066). 16.A.24. Recommendation to award ITB #14-6234 for the Traffic Pg. 910 - Signal Upgrade at the intersection of Pine Ridge Road at Pine 914 Ridge Middle School to Highway Safety Devices, Inc.,in the amount of$257,457 for Project#60172. 16.A.25. Recommendation to authorize an additional vehicle purchase Pg. 915 - in the Growth Management Division, Road and Bridge 917 Maintenance Department as part of the County's asset management efforts and approve necessary Budget Amendment (Estimated fiscal impact$30,000). 16.A.26. Recommendation to approve a Landscape Maintenance Pg. 918 - Agreement with the Kings Lake Homeowners Association 931 which authorizes the County to purchase vegetation to be planted by the County along the Kings Lake property line that abuts the Road Maintenance facility located at 4800 Davis Boulevard. (Estimated fiscal impact$5,502.50). 16.A.27. Recommendation to approve Amendment No.A01 to Pg. 932 - Agreement 4600002912 between Collier County and the 941 South Florida Water Management District,modifying the timeline for the construction of the 28th Ave SE Bridge. (Project 60123) 16.A.28. Recommendation to approve selection committee rankings Pg. 942 - and authorize staff to enter into contract negotiations with 950 VIBEngineering Inc. for design of a comprehensive traffic system engineering management plan (Request for Proposal No. 14-6246 for the FDOT local area project, Network Study and Analysis,FM No. 430868-1-18-01). 16.A.29. Recommendation to adopt a Resolution extending the Collier Pg. 951 - County Architectural and Site Design Standards Ad Hoc 956 Committee for 12 months. 16.A.30. Recommendation to approve a Developer Agreement between Pg. 957 - Hacienda Lakes of Naples LLC (Developer) and Collier County 979 (County) to fund, design,permit and construct a portion of Rattlesnake Hammock Road east of Collier Boulevard from two to four lanes,in a manner consistent with the Development Order Resolution 2011-201. 16.A.31. Recommendation to recognize the commitment of the Pg. 980 - prepayment of road impact fees in the Agreement by and 999 between Gateway Shoppes II, LLC,Wal-Mart Stores East, L.P., and WCI Communities, Inc. and The Board of County Commissioners of Collier County, Florida as recorded in O.R. Book 3859, Page 3211 and to issue a Certificate of Public Facility Adequacy(COA) in perpetuity for the outparcels remaining to be completed in the development. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to adopt a resolution to set the date,time Pg. 1000 - and place for an advertised public hearing where the Board of 1020 County Commissioners will adopt special assessments to be collected on the non-ad valorem property tax bill for curbside solid waste collection and disposal services for Fiscal Year 2015 and approve the notification to customers. 16.C.2. Recommendation to authorize a budget amendment in the Pg. 1021 - amount of$2,800,000 to recognize funding from a litigated 1023 settlement agreement and appropriate these funds into designated,programmed public utility system capital projects. 16.C.3. Recommendation to approve an agreement with Olde Cypress Pg. 1024- Homeowners'Association, Inc.,regarding the installation of 1041 fencing around wastewater pump stations. 16.C.4. Recommendation to approve a time extension of 120 days to Pg. 1042 - the final completion of Contract 12-5931 with D.N. Higgins, Inc., 1050 Purchase Order 4500142945,for the Master Pumping Station 312 Rehabilitation project,under Project 72549,and authorize payment of the remaining balance of the contract for services rendered. 16.C.5. Recommendation to approve a contract with URS Corporation Pg. 1051 - in the amount of$922,959 under Request for Proposal Number 1106 14-6198, "Design and Support Services for the Collier County Landfill Leachate Deep Injection Well," Project Number 70101. 16.C.6. Recommendation to direct the County Manager or his designee Pg. 1107 - to advertise a Resolution adjusting the Collier County Water- 1157 Sewer District Bulk Services Water Rates within the Hammock Bay Service Area,as authorized by the Potable Water Bulk Services Agreement between the Collier County Water-Sewer District and the City of Marco Island, dated May 9, 2006. 16.C.7. Recommendation to approve payment in the amount of$4,950 Pg. 1158 - to Simmonds Electrical of Naples, Inc.,for testing and repair of 1162 the Irrigation Quality Water SCADA radio system. 16.C.8. Recommendation to authorize a budget amendment in the Pg. 1163 - amount of$285,100 transferring funds between cost centers 1166 and line items within the Collier County Water-Sewer District Fund (408) to cover costs for unanticipated bank fees, IT support,fleet maintenance,and contractual services for the Collier County Water-Sewer District's Financial Operations Department. 16.C.9. Recommendation to approve a budget amendment in the Pg. 1167 - amount of$320,000 transferring funds from Mandatory Trash 1169 Collection Fund Reserves,and from within the operating budget,to the District I and District II FY14 Operating Expense Budget to pay for collection and disposal costs for residential curbside solid waste at the Collier County Landfill. 16.C.10. Recommendation to award Contract#14-6213 for general Pg. 1170 - utility services to Douglas N. Higgins, Inc., Haskins,Inc., Kyle 1331 Construction,Inc., Mitchell &Stark Construction Co., Inc., Quality Enterprises USA, Inc.,and Southwest Utility Systems, Inc.; and,authorize the Chair to sign and execute the contract after final approval by the County Attorney's Office. 16.C.11. Recommendation to direct the County Manager or his Pg. 1332- designee to advertise a resolution amending schedules One 1359 through Two of Appendix A to Section Four of Collier County Ordinance No. 2001-73,as amended,titled the Collier County Water-Sewer District Uniform Billing, Operating,and Regulatory Standards Ordinance,to include proposed rates for water,wastewater,and irrigation quality water services with effective dates of October 1,2014,October 1, 2015 and October 1, 2016 for schedules One and Two. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve a Revocable Temporary License Pg. 1360 - Agreement with the South Florida Water Management District 1373 for the installation,at District expense,of a rain gauge and associated telemetry equipment at Freedom Park. 16.D.2. Recommendation to approve Amendment No.3 to the Pg. 1374- Subrecipient Agreement with Catholic Charities,Diocese of Venice, 1379 Inc., providing a time extension and subrecipient name modification for the FY12 Community Emergency Solutions Grant. 16.D.3. Recommendation to approve a "Release of Agreement Pg. 1380 - Authorizing an Affordable Housing Density Bonus and 1414 Imposing Covenants and Restrictions on Real Property" for the Ospreys Landing Apartments. 16.D.4. Recommendation to accept the State Housing Initiatives Pg. 1415 - Partnership Program Fiscal Year 2014-2015 allocation and to 1421 approve a budget amendment in the amount of$1,545,449 and authorize the Chairman to sign the Fiscal Year 2014/2015 Funding Certification. 16.D.5. Recommendation to approve an "after the fact" submittal of Pg. 1422 - the attached proposed project proposal to the Florida 1433 Department of Transportation for the Federal Transit Administration Section 5310 grant program for a total funding request of$482,480,accept the revised grant award in the same amount,authorize necessary budget amendments and approve the purchase of five paratransit vehicles using those funds. 16.D.6. Recommendation to approve and authorize the Chairman to Pg. 1434- sign Partners for Fish and Wildlife Program Landowner 1448 Agreement accepting a $15,000 grant award from the U.S. Fish and Wildlife Service Partners for Fish and Wildlife Program for fish and wildlife habitat restoration at Rivers Road Preserve. 16.D.7. Recommendation to support the Parks and Recreation Pg. 1449 - Department in seeking national reaccreditation as a valid and 1518 proper public purpose and adopt a Resolution authorizing the expenditure of funds to host the Accreditation Commission not to exceed $10,000. 16.D.8. Recommendation to approve and authorize the Chairman to Pg. 1519 - sign a Satisfaction and Release of Lien for payment of deferred 1527 countywide impact fees. 16.D.9. Recommendation to approve and execute a modified Developer Pg. 1528- Agreement clarifying terms with NR Contractors,Inc.for Request 1578 for Proposal(RFP) 14-6259,"NSP Multi-Family Property and Program Assumption," (Gilchrist Apartments)and approve an extension of the legal non-conforming waiver to May 31,2017,and approve a Minor Amendment to the NSP1 Action Plan. 16.D.10. Recommendation to approve a Transportation Coordination Pg. 1579 - Agreement with United Cerebral Palsy of Southwest Florida, 1584 Inc. 16.D.11. Recommendation to approve and execute the attached Joint Pg. 1585 - Participation Agreement in the amount of$1,100,000,with a 1608 50% match of$550,000 for a period not to exceed three years from the date of execution,to provide operating and marketing funding for establishing a new Collier Area Transit route to service Collier Boulevard and Immokalee Road which was previously approved by the Board,approve a resolution authorizing the Chair to sign the agreement; and authorizing all necessary budget amendments. 16.D.12. Recommendation to recognize carry forward from accrued Pg. 1609 - interest in the amount of$105,519.28 and unused grant funds 1611 in the amount of$2.12 from State Aid to Library Grants revenue and appropriate those funds for expenditures on library materials, services,and equipment. 16.D.13. Recommendation to approve the conveyance of a utility Pg. 1612 - easement on County property to the City of Naples,together 1622 with the related utility infrastructure associated with the Gordon River Greenway Park project. 16.D.14. Recommendation to approve an Underground Facilities Pg. 1623 - Conversion Agreement with Florida Power&Light Company 1640 for phase two and three of the Vanderbilt Beach Municipal Service Taxing Unit Utility Conversion Project. 16.D.15. Recommendation to approve a Master Contract with Area Pg. 1641 - Agency on Aging of Southwest Florida, Inc. for Federal-and 1682 State-funded Services for Seniors programs. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.E.1. Recommendation to reject Invitation to Bid (ITB) #13-6165 for Pg. 1683 - Plumbing Contractors and extend Contract#09-5323 - On Call 1685 Plumbing Contractors to Shamrock Plumbing and Mechanical, Inc.,for six(6) months or until a new solicitation is executed. 16.E.2. Recommendation to approve and execute a First Amendment Pg. 1686- to Lease with Randall Benderson and David H. Baldauf, 1710 Trustees,for office space in Parkway Plaza,Golden Gate City, for the Health Department's Women, Infants and Children's (WIC) program. 16.E.3. Recommendation to approve a contract for P25 Radio Pg. 1711 Consulting Services associated with Request for Proposal 14- 1741 6279; and to authorize the Chairman to sign the contract after final review by the County Attorney. 16.E.4. Recommendation to approve and execute a Second Pg. 1742 - Amendment to Lease Agreement with Sprint Spectrum L.P., 1750 successor in interest to Nextel South Corp.,concerning communications equipment located on County property. 16.E.5. Recommendation to recognize and appropriate revenue for Pg. 1751 - Special Services to the Facilities Management Department Cost 1753 Center and approve all necessary Budget Amendments for the Fiscal Year 2013-2014. 16.E.6. Recommendation to approve and authorize the Chairman to Pg. 1754- execute a Resolution approving the 457 Roth after-tax 1767 contributions option with ICMA-RC and Nationwide Retirement Solutions, Inc. (NRS) 457 Plan Agreement for the Board of Collier County Commissioners and Supervisor of Elections and designate the County Manager to be the Official Plan Coordinator. 16.E.7. Recommendation to accept reports and ratify staff-approved Pg. 1768- change orders and changes to work orders. 1805 16.E.8. Recommendation to approve award of contract 14-6255R CCSO Pg. 1806 - Substation at EMS-12 Orange Tree to BSSW Architects Inc.for 1889 professional engineering services,approve an associated budget amendment,and authorize the Chairman to execute the approved contract. 16.E.9. Recommendation to approve additions, deletions,and Pg. 1890 - reclassifications to the 2014 Fiscal Year Pay and Classification 1893 Plan made from April 1,2014 through June 30,2014. 16.E.10. Recommendation to award Invitation to Bid (ITB) 14-6280 Pg. 1894- "Fencing Installation and Repair"to Carter Fence Company, 1956 Inc.,and BUE, Inc., d/b/a Gatekeepers/Gateswork (Gateswork); and authorize the Chairman to sign the attached contracts. 16.E.11. Recommendation to award contracts for services to assist Pg. 1957 - county staff in monitoring and documenting the cost incurred 2075 to remove and dispose of disaster-generated debris in full compliance with Federal Emergency Management Agency (FEMA) rules and regulations. (Contract#14-6188, "Federal Emergency Management Agency Acceptable Monitoring of Disaster Generated Debris Management). 16.E.12. Recommendation to approve a Budget Amendment to Pg. 2076 - recognize and appropriate funds for the Mile Marker 63 Fire 2118 Station-Ochopee Fire Control,from the Florida Department of Transportation in accordance with an Interlocal Agreement approved by the Board on April 8, 2014 in the amount of $3,259,335. 16.E.13. Recommendation to approve a Lease Agreement with Pg. 2119 - Immokalee Fire Control District for use by EMS of Immokalee 2127 Station 31 with no annual rent. 16.E.14. Recommendation to accept the Hearing Officer's Pg. 2128- recommendation in the appeal of Invitation to Bid (ITB) 13- 2169 6113 Janitorial Services; award the contract to ISS Facility Services, Inc; and,authorize the Chairman to execute a County Attorney approved contract. 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to approve a Termination of Agreement and Pg. 2170- Release of Lien for Ospreys Landing, Ltd.for the Ospreys 2204 Landing Apartments, due to the impact fees being paid in full in accordance with and the terms of the 1994 Deferral Agreement and the Multi-family Rental Impact Fee Deferral Program,as set forth by Section 74-401(e) and 74-401(g) (5) of the Collier County Code of Laws and Ordinances. 16.F.2. Recommendation to approve the Tourism Department's Sports Pg. 2205 - Marketing Section submittal of Florida Sports Foundation 2232 Grant applications to support future Collier County Sports events in the total amount of$140,700,authorize the County Manager or his designee to execute the applications and make a finding that this item promotes tourism. 16.F.3. Recommendation to adopt a resolution approving amendments Pg. 2233 - (appropriating grants, donations,contributions or insurance 2236 proceeds) to the Fiscal Year 2013-14 Adopted Budget. 16.G. AIRPORT AUTHORITY 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Recommendation to appoint one member to the Immokalee Pg. 2237 - Enterprise Zone Development Agency. 2252 16.H.2. Recommendation to appoint a member to the Lely Golf Estates Pg. 2253 - Beautification MSTU Advisory Committee. 2262 16.H.3. Commissioner Fiala requests Board approval for Pg. 2263 - reimbursement regarding attendance at a function serving a 2265 Valid Public Purpose. Attended the East Naples Civic Association Luncheon on June 19, 2014. The sum of$18 to be paid from Commissioner Fiala's travel budget. 16.1. MISCELLANEOUS CORRESPONDENCE 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. Board declaration of expenditures serving a valid public Pg. 2266 - purpose and approval of disbursements for the period of June 2524 19, 2014 through June 25, 2014. 16.J.2. Board declaration of expenditures serving a valid public Pg. 2325 - purpose and approval of disbursements for the period of June 2368 26, 2014 through July 1, 2014. 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to approve an Amendment to Agreement for Pg. 2369 - Legal Services for the Retention Agreement with Henderson, 2388 Franklin, Starnes &Holt, P.A. extending the expiration date to September 12, 2016 and by amending Exhibit"A." 16.K.2. Recommendation to approve the mediation settlement prior to Pg. 2389 - trial in the lawsuit entitled Geraldine Harris v. Collier County, 2395 filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 13-904-CA for the sum of$10,000 and authorize the Chairman to execute the Settlement Agreement and Mutual Release. 16.K.3. Recommendation to approve a Joint Motion for Final Judgment Pg. 2396 - in the amount of$28,300 for the acquisition of Parcels 113FEE 2406 and 113TCE in the lawsuit styled Collier County, Florida v. New Plan Florida Holdings, LLC, et al., Case No. 13-CA-238 (US 41/SR-CR-951 Intersection Improvement Project#60116). (Fiscal Impact: $13,470) 16.K.4. Continued indefinitely. Recommendation to authorize the Pg. 2407 - County Attorney to file a lawsuit on behalf of the Collier County 2412 Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan,Amelia Sosa,and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit, in and for Collier County, Florida,to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. (County Attorney's request) 16.K.5. Recommendation that the Board authorize the County Pg. 2413 - Attorney,working in conjunction with the County Manager,to 2414 secure an expert/consultant to assist the County Attorney in the litigation relating to Dan A. Hughes Company, L.P.'s violation of Permit No.: 1349H, Collier-Hogan 20-3H Well, also to assist the County Manager and his staff as to all issues raised by the drilling and production of oil in Collier County, and to waive any Purchasing Ordinance provision that may be in conflict with this retention. 16.K.6. Recommendation that the County Attorney be directed to Pg. 2415 - pursue an appeal in the case entitled Thomas C. Curry v. Collier 2457 County, Case No. 14-0087-CA. 16.K.7. Recommendation to approve a First Amendment to License Pg. 2458- Agreement with Summit Broadband Inc.to expand the licensed 2464 area to allow for the installation of an upgraded electrical service connection for the communications facility. 16.K.8. Recommendation to approve payment for mediation services Pg. 2465 - by James A. Helinger,Jr. for the settlements of parcels taken for 2468 the improvements to Collier Boulevard (Project No. 68056) and to authorize the County Attorney to retain Mr. Helinger for future mediations under the terms of the attached letter. 16.K.9. Recommendation to formally and expressly accept the Pg. 2469 - conveyance of right-of-way for Collier Boulevard Extension. 2474 Fiscal Impact: None. 16.K.10. Recommendation to approve and execute a Settlement Pg. 2475 - Agreement and Release with a Geraldine Lustro, in order to 2482 settle a claim by her against funds donated to the Collier County Public Library by her brother, Ronald M.Wade, deceased,and to accept and recognize the remainder of the donated funds. 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. 17.A. Recommendation to approve(Adopt)an expansion to the Northeast Pg. 2483 - Quadrant of Mixed Use Activity Center No.7(Rattlesnake Hammock Road 2 541 and Collier Boulevard)as a small-scale amendment to the Collier County Growth Management Plan,Ordinance 89-05,as Amended,for transmittal to the Florida Department of Economic Opportunity. (Adoption Hearing) (PL-2013-0002249/CPSS-2013-2) [Companion to Rezone Petition PL20130001652 and Conditional Use Petition PL20130002241.] 17.B. This item requires that ex parte disclosure be provided by Pg. 2542 - CM: Requires a Commission members. Should a hearing be held on this item, all 2569 Supermajority participants are required to be sworn in. Recommendation to Vote approve an Ordinance 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 by changing the zoning classification of the herein described real property from Commercial Intermediate (C-3) and Heavy Commercial (C-5) zoning districts to a General Commercial (C-4) zoning district, for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake- Hammock Road (C.R. 864) in Section 14,Township 50 South, Range 26 East, Collier County, Florida, consisting of 18.95+/- acres; providing for repeal of Ordinances 99-84, 00-75, 02-26, 03-31 and 04- 23; and by providing an effective date; [RZ-PL20130001652 - companion to CU-PL20130002241 and PL20130002249/CPSS-2013- 2]. 17.C. This item requires that ex parte disclosure be provided by Pg. 2570 - Commission members. Should a hearing be held on this item, all 2591 CM: Requires a participants are required to be sworn in. Recommendation to Supermajority approve a Resolution of the Board of Zoning Appeals of Collier Vote County, Florida providing for the establishment of a Conditional Use to allow Air-Conditioned Indoor Self Storage (SIC Code 4225) within a General Commercial (C-4) Zoning District pursuant to Section 2.03.03.D.1.c.21 of the Collier County Land Development Code for property located on the east side of Collier Boulevard (C.R. 951) north of Rattlesnake-Hammock Road (C.R. 864) in Section 14,Township 50 South, Range 26 East, Collier County, Florida (CU-PL20130002241) - companion to [RZ-PL20130001652] and companion to [PL20130002249/CPSS-2013-2], Collier Boulevard Commercial Properties). 17.D. Recommendation to consider approving Staff-Proposed 2011 Pg. 2592 - Evaluation and Appraisal Report-Based Amendments to the Collier 2627 County Growth Management Plan, Ordinance 89-05, as Amended,to Fix Glitches Related to Changes in 2011 EAR-Based Amendments and Revise for Internal Consistency,for Transmittal to the Florida Department of Economic Opportunity for review and Comments response (Transmittal Hearing). 17.E. Recommendation to adopt an Ordinance repealing and replacing Pg. 2628 - Ordinance 94-39,as amended,known as the Collier County 2668 Residential Rehabilitation Program,to revise the program to be known,as the Collier County Owner-Occupied Rehabilitation Program. 17.F. Recommendation to approve an amendment to the Tourist Pg. 2669 - Development Tax Ordinance No. 92-60,as amended,to authorize the 2680 reallocation of funds between Tourist Development Tax categories with a supermajority vote of the Board and make a finding that this item promotes tourism. 17.G. Recommendation to adopt a resolution approving amendments Pg. 2681 - (appropriating carry forward,transfers and supplemental revenue) 2683 to the Fiscal Year 2013-14 Adopted Budget. 17.H. Recommendation to approve an amendment to Ordinance No. 83 - Pg. 2684- 25,as amended,to correct the name of the deferred compensation 2694 provider to Nationwide Retirement Solutions, Inc. previously known as National Association of Counties (NACo) and previously administered by Public Employees Benefit Services Corporation (PEBSCO),to approve removal of Section 2 of the Ordinance removing the advisory committee,and to include Supervisor of Elections (SOE) under the compensation plans of the Board of County Commissioners. 17.I. Recommendation to adopt an Ordinance repealing Ordinance No. 91- Pg. 2695 - 37,as amended,in order to sunset the Hispanic Affairs Advisory 2699 Board. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Proposed Agenda Changes Board of County Commissioners Meeting July 8,2014 Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriff's Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. (Commissioner Fiala's request) Add On Item 10B: Recommendation to 1)Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations,including gas stations,adjacent to residential property which have more than eight(8)fuel pumps or provide for fueling of more than eight(8) cars at any point in time;and 2)Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations,including gas stations,adjacent to residential property while the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request) Continue Item 11A to the September 9,2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County$10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Withdraw Item 11E: Recommendation to award Bid No.14-6269,"Collier County Northeast Recycling Drop-off Center,"to Cleveland Construction in the amount of$5,156,769.21;and,authorize a budget amendment of$1,400,000 to move funds from Project No.59015,"Airspace Recovery,"to Project 59009,"Northeast Recycling Drop-off Center." (Staffs request) Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation,Debra Lee Gogan,Amelia Sosa,and Astrid Ramireza in the Circuit Court of the Twentieth Judicial Circuit,in and for Collier County,Florida,to recover damages for the repair of a traffic control box in the amount of$30,771.56,plus costs of litigation. (County Attorney's request) Note: Item 11C Executive Summary title should read: Recommendation to approve an Agreement for Sale and Purchase with Asset Recovery XVIII,LLC,for the purchase of property to accommodate the future Wilson/Benefield Benfield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. Also,in the Objective section,the reference to a "302+/-" acre parcel should be revised to a"305.59"acre parcel. (Staff's request) Item 16A1 Executive Summary title should read: Recommendation to approve an extension of two three years for completion of Site Development Plan(SDP)improvements associated with Tenchitas Convenience Store(SDP AR-14305)pursuant to Section 10.02.03 H of the Collier County Land Development Code. (Staff's request) 7--� /4/ Proposed Agenda Changes Board of County Commissioners Meeting July 8,2014 Page 2 Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code enforcement liens with a combined accrued value of$138,238.19,for payment of$4,188.19 and a related settlement agreement,in the code enforcement actions entitled Board of County Commissioners v.Judith Harbrecht Hill and William P.Hill,Trustees,in Special Magistrate Case Nos.CEPM20100008282, CEPM20110004402,CEPM20110011182,CEPM20120000872,CEV20120000968,CENA20120009734 AND CEPM20120017192,relating to property located at 451 Torrey Pines Point,Collier County,Florida. Also,the Recommendation section should read: That the Board of County Commissioners waives accrued fines in the amount of$134,050,accept payment of$4,188.19,releases the liens,and authorizes the Chairman to sign the attached lien releases for recording in the Official Public Records,and attached Mutual General Release and Settlement Agreement. (Staff's request) Item 16E10: For purchases estimated to be greater than$50,000 per order and less than$200,000 per order,the department may quote out work among the awarded vendor(s)with Purchasing Department approval. (Staff's request) Items 17B and 17C: 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. 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I - , zrn CD m �m G� cn l n • 3 --I m m rn °° -1 2 -1 OD I- \ m >1.4 op Z x o 7D I— o .a -T1 CO I CH co cfl v fD rt Add On Item 10A July 8,2014 BCC Meeting EXECUTIVE SUMMARY Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive that State Statute. OBJECTIVE: To better protect the children of Collier County. CONSIDERATIONS: Florida Statutes 775.215 provides that certain defined convicted sexual offenders and predators may not reside within 1,000 feet of any school, child care facility, park, or playground. I recently discussed my concern with the County Attorney that there are large numbers of convicted sexual offenders and predators clustered in family neighborhoods just outside these limitations. The County Attorney advised me that since the last time the Board discussed this matter, it has been judicially determined that a local government may enact stricter regulations than the State Statute. I would like the Board to direct the County Attorney to work with the County Manager and the Sheriff's Office to bring back a proposed Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive that State Statute. FISCAL IMPACT: None at this time. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: The County Attorney has reviewed this item and approved it as to form and legality. Majority support of the Board is required for approval. A copy of the referenced legal decision is attached as back-up. -JAK RECOMMENDATION: That the Board of County Commissioners direct the County Attorney to work with the County Manager and the Sheriff's Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. PREPARED BY: Commissioner Donna Fiala. Attachment: The decision involving Exile and Bloom vs. Miami-Dade County. Page 1 LexisNexis® 1 of 1 DOCUMENT Bryan A.Exile and Elliot M.Bloom,Appellants,vs.Miami-Dade County,Appellee. No.3D09-2768 COURT OF APPEAL OF FLORIDA,THIRD DISTRICT 35 So.3d 118;2010 Fla.App.LEXIS 6919;35 Fla.L.Weekly D 1121 May 19,2010,Opinion Filed SUBSEQUENT HISTORY: Released for Publication force and effect.Neither of the appellants'contentions to June 4,2010. the contrary is well taken: PRIOR HISTORY: [**1] 1 "It is unlawful for any person who has been An Appeal from the Circuit Court for Miami-Dade convicted of a violation of Sections 794.011 County,Pedro P. Echarte,Jr.,Judge.Lower Tribunal No. (sexual battery), 800.04(lewd and lascivious acts 09-51205. on/in presence of persons under age 16), 827.071 (sexual performance by a child) or 847.0145 COUNSEL: Florida Institutional Legal Services, and (selling or buying of minors for portrayal in Cassandra Capobianco,Robert Dwyer,Christopher Jones sexually explicit conduct), Florida Statutes, or a and Peter Sleasman; American Civil Liberties Union similar law of another jurisdiction, in which the Foundation, and Maria Kayanan and Randall C. victim of the offense [**2] was less than sixteen Marshall;Jeanne Baker,for appellants. (16) years of age, to reside within 2,500 feed of any school." Miami-Dade County, Fla., Code of R.A. Cuevas, Jr., County Attorney, and Thomas W. Ordinances,§21-281(a)(2009). Logue,Assistant County Attorney,for appellee. (a) The legislature has not clearly preempted local JUDGES:Before WELLS and ROTHENBERG,JJ.,and regulation of the field of the post-conviction conduct of SCHWARTZ,Senior Judge. sexual predators, so as to invoke the severely restricted and strongly disfavored doctrine of "implied OPINION BY: SCHWARTZ preemption." See Browning v. Sarasota Alliance for Fair Elections, Inc., 968 So. 2d 637 (Fla. 2d DCA 2007), OPINION reversed on other grounds 28 So. 3d 880 (Fla. 2010); City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 [*118] SCHWARTZ,Senior Judge. (Fla. 2006); Tribune Co. v. Cannella, 458 So. 2d 1075, 1077 (Fla. 1984); Phantom of Clearwater v. Pennellas As the trial court held in an excellent opinion, we County, 894 So. 2d 1011, 1019 (Fla. 2d DCA 2005), conclude that Section 21-281 of the Miami-Dade County approved sub. nom, Phantom of Brevard v. Brevard Code I,which prohibits convicted sexual offenders from County,3 So. 3d 309,315(Fla. 2009); Lowe v. Broward [*119] residing within 2500 feet of a school, is not County,766 So.2d 1199, 1207(Fla.4th DCA 2000),rev. invalidated by Florida law and therefore remains in full denied, 789 So. 2d 346 (2000) ("The courts should be Page 2 35 So.3d 118,*119;2010 Fla.App.LEXIS 6919,**2; 35 Fla.L.Weekly D 1121 careful in imputing intent on behalf of the Legislature to that required outdoor signs to be set back 200 feet from preclude a local elected governing body from exercising streets did not conflict with a state statute that required its home rule powers."); Tallahassee Mem. Reg. Med. outdoor signs be set back 15 feet from the streets because Ctr., Inc.v. Tallahassee Med. Ctr., Inc., 681 So. 2d 826, a person could comply with the County ordinance 831 (Fla. 1st DCA 1996);and without violating the state statute). Compare Scavella v. Fernandez, 371 So. 2d 535 (Fla. 3d DCA 1979) (b) The 2500 foot provision is [**3] not in (expressly distinguishing Jordan Chapel and E.B. cognizable "conflict" with the less restrictive 1000 foot Elliott). buffer zone provided by Section 794.065(1) 2 Florida Statutes. See Laborers' Int'l Union of N. Am., Local 478 2 "It is unlawful for any person who has been v. Burroughs, 541 So. 2d 1160 (Fla. 1989) (holding convicted of a violation of s. 794.011, s. 800.04, ordinance did not conflict with statute because a party s. 827.071, s. 847.0135(5), or s. 847.0145, could comply with the ordinance without violating the regardless of whether [**4]adjudication has been statute); Metro. Dade County v. Santos, 430 So. 2d 506 withheld, in which the victim of the offense was (Fla. 3d DCA 1983); Jordan Chapel Freewill Baptist less than 16 years of age, to reside within 1,000 Church v. Dade County, 334 So. 2d 661, 664 (Fla. 3d feet of any school, day care center, park, or DCA 1976), cert. denied, 348 So. 2d 949 (1977); E.B. playground...."§794.065(1)Fla.Stat.(2009). Elliott Advertising Co.v. Metro. Dade County,425 F.2d 1141, 1150 (5th Cir. 1970) (holding a county ordinance Affirmed. • • IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY,FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 09-51205 CA 13 BRYAN A.EXILE and ELLIOTT M.BLOOM, Plaintiffs, ,,.... ftr-, s !PATO v. jC,��y.��yy{{ •iii J.. .: N MIAMI-DADE COUNTY, Defendant. 1 ORDER GRANTING FINAL JUDGMENT ON THE PLEADINGS IN FAVOR OF DEFENDANT • I. Facts Plaintiffs,who are convicted sexual offenders,have challenged the validity of the Miami- Dade County Sexual Offender and Sexual Predator Residency Ordinance, §§ 21-177—21-284 of the Code of Miami-Dade County.' Plaintiffs contend that by enacting various sexual offender and predator statutes the Florida Legislature impliedly preempted Miami-Dade County's Ordinance. Defendant now seeks a judgment on the pleadin y. as a matter of law. 'In relevant part,the County Ordinance prohibits convicted sexual offenders from residing within 2,500 feet of a school. §21-218, Miami-Dade County Code. It provides exceptions for sexual offenders who established a residency before the effective date of the ordinance;who were minors when they committed the offense; or who established a residence prior to a school being built within 2,500 of the residence. §21-281,Miami-Dade County Code. DO? CASE NO. 09-51205 CA 13 Page 2 IL Legal Standard As a preliminary matter,the court finds that a motion for judgment on the pleadings may properly be considered in this case. Judgment on the pleadings can be entered if the merits of the case can be determined as a matter of law from the pleadings. Trail Burger King,Inc, v. Burger King of Miami, Inc., 187 So.2d 55, 56 (Fla. 3d DCA 1966). Judgment on the pleadings is appropriate in this case because the complaint is grounded on a claim of implied preemption and, thus, presents a pure issue of law. See, Roberts v. Metropolitan Dade County, 354 So.2d 472 (Fla. 3d DCA 1978) ("the trial court did not err in entering a judgment on the pleadings which determined ... legislative intent."). Implied preemption is dependent on legislative intent. See, e.g., Lowe v. Broward County, 766 So.2d 1199, 1207 (Fla. 4th DCA 2000), rev. denied, 789 So. 2d 346 (Fla. 2001). Legislative intent turns on statutory interpretation and"[s]tatutory interpretation is a question of law." Bellsouth, Inc. v. Meeks, 863 So.2d 287, 289 (Fla. 2003); see, also Talbott v. American Isuzu Motors,Inc., 934 So.2d 643,644(Fla.2d DCA 2006) (holding that the question whether a statute preempts another regulation is a question of law). Accordingly, implied preemption is usually resolved on a limited record and is often determined by motions to dismiss based solely on legal argument. See, e.g., State v. Harden, 873 So.2d 352 (Fla. 3d DCA 2004), aff'd, 938 So.2d 480(Fla.2006). Implied preemption can normally be resolved"strictly based on a review of the plain text of[the statute] and the plain text of the ordinance...." Phantom of Clearwater, Inc. v. Pinellas County, 894 So.2d 1011, 1015 (Fla. 2d DCA 2005), approved, Phantom of Brevard, Inc. v. Brevard County, 3 So.2d 309 (Fla. 2008). Therefore, as stated by the Second District Court of Appeals, "[i]n light of the legal issues presented—preemption and conflict with state law—the CASE NO. 09-51205 CA 13 Page 3 purpose of the evidentiary hearing is unclear." Browning v. Sarasota Alliance for Fair Elections, Inc., 968 So.2d 637, 642 n.2(Fla. 2d DCA 2007). Plaintiffs bear a heavy burden of persuasion because"[i]mplied preemption is disfavored in Florida." Meteor Motors, Inc. v. Thompson Halbach &Assoc., 914 So.2d 479, 483 (Fla. 4th DCA 2005. Kligelf v. State Office of Fin. Reg., 876 So.2d 36, 38 (Fla. 46 DCA 2004) ("The Florida Supreme Court has made clear that implied preemption is not favored under Florida law."). Implied preemption is disfavored for two reasons. First, the Florida Constitution and law reflect a strong commitment to self-government at the local level and, therefore, "courts should be careful in imputing intent on behalf of the Legislature to preclude a local elected governing body from exercising its home rule powers."Lowe v. Broward County, 766 So.2d 1199, 1207 (Fla. 4th DCA 2000), rev. denied, 789 So.2d 346 (Fla. 2001). Second, the courts are understandably reluctant to preclude local self-government based on legislative silence because "if the legislature can easily create express preemption by including clear language in a statute, there is little justification for the courts to insert such words into a statute." Phantom of Clearwater, Inc. v. Pinellas County, 894 So.2d 1011, 1019(Fla. 2d DCA 2005), approved, 3 So.2d 309 (Fla. 2008). As a result, in Florida, implied preemption has been found only once at the appellate level and it has been rejected over eighteen times.2 III. Analysis of Implied Preemption To determine if the Legislature intended to impliedly preempt a local ordinance, courts use a two pronged test: "Implied preemption should be found to exist only in cases where the sFor a list of these cases,see Appendix"A"to this Order. CASE NO. 09-51205 CA 13 Page 4 legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong public policy reasons exist for finding such an area to be preempted by the Legislature." Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc.,681 So.2d 826, 831 (Fla. 1# DCA 1996) (emphasis added), Because implied preemption is disfavored,.the Supreme Court has emphasized that it can be found only"so long as it is clear that the legislature has clearly preempted local regulation of the subject" City of Hollywood v. Mulligan, 934 So.2d 1238, 1243 (Fla. 2006) (reversing court that found implied preemption)(emphasis added). A. Florida Sexual Offender Laws are Not Sufficiently Pervasive to Clearly Indicate Preemptive Intent . Plaintiffs contend that the statutes governing sexual offenders are so pervasive that they indicate the Legislature intended to occupy the field and preclude any local ordinances. 'It is certainly true that the.Legislature has passed laws regarding sexual offenders such as making sexual molestation of children a ciiLue; providing for penalties, parole, and probation; requiring released felons to register their residences; providing for community notification about sexual offenders' crimes and addresses;and prohibiting released felons from living within 1,000 feet of schools, day cares, parks, or playgrounds. See, e.g., §§ 775.21, 775.24, 794.065, 943.0435, 943.04351, 943.04352, 943.04353, 943.04354, 943.0436, 948.30, 948.31, 948.32, Fla. Stat. Under Florida's standard for implied preemption, however, these statutes are not sufficiently pervasive to demonstrate that the legislature has clearly preempted local regulation of the subject. These statutes are substantially less pervasive and comprehensive than the laws governing marriage, divorce, and family at issue in Lowe v. Braward County, 766 So.2d 1199 aa� CASE NO. 09-51205 CA 13 Page 5 (4th DCA 2000), rev ii denied, 789 So.2d 346 (Fla. 2001). Notwithstanding the fact that the marriage and family laws at issue in Lowe cover five separate chapters of Florida Statutes and span over 107 pages, the Fourth District Court of Appeals held that such comprehensive laws did not impliedly preempt a county from enacting an ordinance extending benefits to domestic partners. In Hillsborough County v.Fla. Rest. Ass'n, 603 So.2d 587 (Fla.2d DCA 1992), the Court held that the state's comprehensive laws governing the sale of food and alcohol (which cover over eleven separate chapters of Florida Statutes and span over 159 pages)should not be read to preempt by implication an ordinance requiring notice to pregnant women of the dangers of alcohol. Similarly, the Third District Court of Appeals found that the extensive and comprehensive statutes governing condominiums (which cover six chapters of Florida Statutes and span more than 210 pages) did not preempt a city ordinance governing condominium conversions. City of Miami Beach v.Rocco Corp.,404 So.2d 1066(Fla.3d DCA 1981). Florida's sexual offender laws are not sufficiently pervasive to support a finding of clear legislative intent to preempt local ordinances. As explained by the Supreme Court, Florida law requires"a more restrictive application of the preemption doctrine, precluding preemption and leaving `home rule' to [local governments] unless the legislature has expressly said otherwise." Tribune Co. v. Cannella, 458 So.2d 1075, 1077(Fla. 1984) (emphasis added). See, also Kurtz v. City of North Miami, 625 So.2d 899, 900 n.l (Fla. 3d DCA 1993), rev'd on other grounds, 653 So.2d 1025 (Fla. 1995) (finding that the Florida Clean Indoor Air Act, § 386.202, Fla. Stat.does not preempt a municipal administrative order governing hiring of smokers). B. Florida Legislative History Indicates No Intention to Preempt . i CASE NO. 09-51205 CA 13 Page 6 The legislative history of Florida's sexual offender statutes suggests that Florida's Legislature did not intend to preempt local residency ordinances. Florida's legislative history demonstrates that the Legislature has had ample opportunities to preempt local sexual offender residency ordinances, but has chosen not to do so. Indeed, in the 2006, 2007, 2008, and 2009 Legislative Sessions, the Legislature considered and rejected numerous bills which would have expressly preempted local sexual offender residency ordinances.3 As reasoned by Judge Wolf in Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc., 681 So.2d 826, 831 (Fla. 1st DCA 1996), "if the legislature can easily create express preemption by including clear language in a statute,there is little justification for the courts to insert such words into a statute." Phantom of Clearwater, Inc. v. Pinellas County, 894 So.2d 1011, 1019(Fla. 2d DCA 2005),approved, 3 So. 2d 309(Fla.2008);see also Homestead Hosp., Inc. v. Miami Dade County, 829 So.2d 259, 264(Fla. 3d DCA 2002) (holding that the Legislature's refusal to sever certain statutory language indicated its intent that such language not be severed). For the same reason,there is little justification in this case to insert words of preemption into the statutes sub . judice. Furthermore, on September 15,2009, Florida Representative Glorioso filed a bill seeking to, inter alia, preempt local sexual offender residency ordinances. HB 119 (2010). Thus, it appears the Legislature does not consider local ordinances on this subject to be preempted and 3Fla. HB 591, 2d Eng. (Reg. Sess.2006); Fla. SB 768 (Reg. Sess. 2006); Fla.HB 339 CS (Reg. Sass.2006);Fla.HB 59 (Reg. Sess. 2007);Fla.HB 533, §3 (Reg. Sess. Reg. Secs.2007); Fla.HB 683, § 2 (Reg. Sess. 2007); Fla. SB 2608 (Reg. Sess. 2207); Fla. CS for SB 2490(Reg. Sess. 2008); Fla. CS for CS for SB 1430§ 2(Reg, Sess. 2009);Fla. CS for CS for SB 320(Reg. Sess.2009). • LASE NO. 09-51205 CA 13 Page 7 continues to contemplate whether to explicitly preempt local sexual offender residency ordinances. Plaintiffs in this case are asking that the court read into the statute preemption language that the Legislature has considered and has, thus far, chosen not to add. In the words of the Third District Court of Appeals, "[o]bviously the legislature knew how to forbid local intrusion into regulation of this subject matter if it wished. Particularly in view of the settled rules which require that any such language be strictly construed, we decline to read such a provision into a statutory sites where it so obviously and pointedly does not appear." Metropolitan Dade County v. Santos,430 So.2d 506, 508(Fla. 3d DCA 1983) (finding Legislative silence did not amount to implied preemption of ordinance that was stricter than statute). This Iegislative history demonstrates this case does not fit the narrow exception that recognizes implied preemption only when`it is clear that the legislature has clearly preempted local regulation of the subject." Mulligan,934 So.2d at 1243 (emphasis added). It can hardly be said that the Legislature "clearly" intended to impliedly preempt local ordinances when it repeatedly considered,but declined to do so expressly. IV. Statewide Uniformity Plaintiffs make various public policy arguments that the preemption of local sexual offender residency ordinances would be in the best interest of sexual offenders and their potential victims, however, as the First District Court of Appeals has stated: "Implied preemption should be found to exist only in cases where the legislative scheme is so pervasive as to evidence an intent to preempt the particular area, and where strong public policy reasons exist for finding • CASE NO. 09-51205 CA 13 Page 8 such an area to be preempted by the Legislature." Tallahassee Memorial Regional Medical Center, Inc. v. Tallahassee Medical Center, Inc.,681 So.2d 826, 831 (Fla. 1't DCA 1996) (emphasis added). This court has already found that there is an absence of legislative intent to preempt local sex offender residency ordinances and,thus,this court will discuss,but not decide whether preemption is"in the best interest"or not. There are compelling arguments both for and against statewide uniformity in this area The overwhelming majority of the Florida county court judges who have examined this issue,for instance, have felt that some flexibility should be left at the local level "so that the size of the zones may be set based upon the character of each city or county...." State v. Wilson, Case No. MM07-011177-BA (Fla. Polk County Ct. March 4, 2009) (holding State did not preempt local sexual'offender residency ordinances). See, e.g., State v. Chaddoclti 15 Fla. Law Weeldy Supp. 1109a(Miami-Dade County Ct. Sept. 29, 2008); State v. Long, 15 Fla. Law Weeldy Supp. 255 (Fla.Duvall County Ct.Nov. 17,2007). Furthermore, Florida's strong policy towards local home rule would be contrary to the view that such decisions should be centralized in Tallahassee. In fact,the Florida Supreme Court has recognized that local government meetings often provide the best forum for the competing interests involved to be weighed and resolved in making such decisions. See City of Temple Terrace v. Hillsborough Ass'n for Retarded Citizens, Inc., 322 So.2d 571, 577(Fla. 2d DCA 1975), aff'd, 332 So.2d 610 (1976) (finding absence of preemption by Legislature and finding that a state agency's placement of group home was subject to city zoning even though some local community groups advocated a "not-in-my-backyard"mentality). Such a need for judicially-mandated statewide uniformity has been found only once and that was in the area of vote verification. Browning v. Sarasota Alliance for Fair Elections,Inc., a)� L-tSE NO, 09-51205 CA 13 Page 9 968 So.2d 637, 648 (Fla. 2d DCA 2007) ("The regulation of voting cannot be given unequal application different parts of the state."). While the verification of a vote is not impacted by local circumstances, the issue of the most effective size of a sexual offender buffer zone may be impacted by local conditions for the reasons set forth above. Therefore,the need for judicially- imposed uniformity, while necessary in Browning, is not necessarily applicable in the instant case. Conclusion Based upon the text and legislative history of the state sexual offender laws, the court • finds as a matter of law that the Legislature did not intend to preempt local sexual offender residency ordinances. Final judgment on the pleadings is granted against Plaintiffs and for Miami-Dade County and Miami-Dade County shall go hence without day. (6 DONE AND ORDERED in Chambers, at Miami, Florida on this � ) day of September, 2009. PEDRO :.ECHARTE,JR. CIR ' COURT JUDGE Copies to counsel of record Add On Item 10B July 8, 2014 BCC Meeting EXECUTIVE SUMMARY Recommendation to 1) Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations, adjacent to residential property while the proposed land use regulation is prepared and vetted. OBJECTIVE: To develop a Land Development Code (LDC) Amendment which would examine the limitation of automobile service stations, including gas stations, which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time to be located adjacent to residential property. Further, to stay the receipt by the Growth Management Division of new applications for development orders regarding automobile service stations adjacent to residential property, while the proposed amendment is prepared and publicly vetted with the public and through the County's advisory boards. CONSIDERATIONS: The proposed amendment will examine the intensity, compatibility, and land use effects of automobile service stations next to residential property and the proposed land use regulations which will address these impacts. This analysis is relevant because over time, the conventional automobile service station has transformed both in intensity and in use. Traditionally, automobile service stations were comprised of a small service department with limited fueling stations, generally providing for four cars to obtain gas at any one time. Today, common applications for service stations consist of a large convenience store and a far greater number of fueling stations. The change in intensity and use of the traditional service station can be magnified when located next to residential property. FISCAL IMPACT: Impacts will be identified at time of adoption of the proposed land development code amendments. GROWTH MANAGEMENT IMPACT: None. LEGAL CONSIDERATIONS: Florida's common law recognizes a process known as "Zoning in Progress" where the local government may stay new applications for development orders as defined in the LDC while a Board directed regulatory change is underway. Zoning in Progress is a defense that local governments may assert against a legal claim of vested rights when a landowner sues to avoid having to comply with a zoning regulation. Such cases arise when someone applies for zoning approval under the existing set of regulations, but after a change to those regulations is already formally "in progress". In Smith v. City of Clearwater, 383 So.2d 681 (Fla. 2d DCA 1980), rev. den. 403 So.2d 407, the court stated that an applicant is entitled to a permit under existing regulations only if the proposed regulation that would preclude the intended use is not "pending" when application is made. A proposed government action is deemed "pending" if there are active and documented efforts by those authorized to develop and prepare the proposed regulatory change, and the local governing board or planning board is aware of these efforts. Smith, supra, at 685. In other words, upon approval of this item and the proposed resolution, staff will no longer accept applications for new development orders seeking approval of Automobile Service Stations adjacent to residential property until the Land Page 1 of 2 7 g /� Add On Item 10B July 8, 2014 BCC Meeting Development Code amendment is heard by the Board. This item is approved as to form and legality. A majority vote is needed for approval of staff direction and the Resolution, however, an affirmative vote of four is needed for the future land development code amendment. —JAK RECOMMENDATION: To 1) Direct staff to develop and bring forward a Land Development Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt,a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations adjacent to residential property, while the proposed land use regulation is prepared and vetted. Prepared By: Commissioner Donna Fiala Page 2 of 2 RESOLUTION NO. 14- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS DIRECTING COUNTY STAFF TO DEVELOP PROPOSED LAND USE REGULATIONS RELATING TO THE PROHIBITION OF AUTOMOBILE SERVICE STATIONS WITH MORE THAN 8 FUEL PUMPS, OR WHICH PROVIDE FOR FUELING OF MORE THAN EIGHT (8) CARS AT ONE TIME, ADJACENT TO RESIDENTIAL PROPERTY AND THAT SUCH PROPOSED ORDINANCE IS BENG DRAFTED AND WILL BE PROMPTLY SUBMITTED TO THE BOARD'S LOCAL PLANNING AGENCY (LPA) FOR ITS CONSIDERATION AND RECOMMENDATION; DIRECTING THAT THE LPA PROVIDE RECOMMENDATIONS, AFTER ITS DUE CONSIDERATION WITH REGARD TO SUCH PROPOSED LAND USE AND DEVELOPMENT REGULATIONS; DECLARING THAT THE DEVELOPMENT OF SUCH REGULATIONS AND THE ZONING PROCESS RELATED THERETO CONSTITUTES "ZONING IN PROGRESS;" DIRECTING THAT DEVELOPMENT ORDERS FOR AUTOMOBILE SERVICE STATIONS ADJACENT TO RESIDENTIAL PROPERTY NOT BE ISSUED UNTIL THE "ZONING IN PROGRESS" HAS BEEN COMPLETED BY FINAL CONSIDERATION OF SUCH PROPOSED LAND USE AND DEVELOPMENT REGULATIONS BY THE COUNTY. WHEREAS, the Board of County Commissioners of Collier County ("Board") has directed County staff to develop proposed land use regulations addressing the regulation of automobile service stations in certain areas; and WHEREAS, County staff is in the process of preparing a proposed ordinance addressing automobile service stations adjacent to residential property; and WHEREAS, the proposed ordinance will be considered by the County's LPA as required by the County's Land Development Code; and WHEREAS, no final consideration or decision can be made by the Board except through the legally required and publicly advertised Land Development Code amendment process; and WHEREAS, the County finds that the issuance of any development orders for the construction of automobile service stations adjacent to residential property during this "zoning in progress"is detrimental to the best interests of the citizens of the Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: 1. The Board hereby determines that it is appropriate and in the best interest of the citizens of Collier County to study, consider and develop land use regulations to address and/or regulate the construction of automobile service stations adjacent to residential property within 1 of 2 the county. Until such time as the Board has an opportunity to consider the proposed land use regulations and the recommendations of staff and the LPA, the issuance of development orders, such as site development plans, for the construction of automobile service stations adjacent to residential property shall be prohibited, unless an application for said development order is pending prior to the adoption of this resolution. 2. The Board hereby declares that the process currently in effect with regard to the development and consideration of land use regulations relating to automobile service stations constituted"zoning in progress". 3. In the event that any person or entity is denied a development order, including a site development plan or building permit or other approval as a direct result of the prohibition set forth above, such person or entity may appeal such denial to the Board of Zoning Appeals. The fee for such appeal is hereby waived. For any appeal that is filed, the Board shall consider same in a properly noticed meeting and after due consideration, may authorize the approval of a development order for an automobile service station upon a fmding that such approval is not contrary to the long term goals of this Resolution and is not disadvantageous to the health, safety and welfare of the general public. THIS RESOLUTION ADOPTED after motion, second and majority vote this day of , 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: Deputy Clerk TOM HENNING, Chairman Approved as to form and legality: Jeffrey A. Klatzkow County Attorney CP\14-COA-00209 2 of 2 o o d z v m 7 a1 4 To o w 3 - o a u Y ~ w N a' > C ° c 00 a' m > m v a 0 °o w 3 c E c ni C 7 3 y z .� .`�. v It if m v o E E >0. V7 c o. a a WC Q .O O O U 0 v c L- oa 0 .2 7 c � > � y ? C o m u d v i -o u 0) o n o. a U 0. m U L 7 m c m c U a O ,-14 Q N 0 > a' E 44 H N O w J f0 .-I G Y m o. a ' m c C 0 ¢ a V 4 a v 0 N v 0 v • .O g a N O p NO , ° v m � ° imu o n va m o ¢a a E `m0ov v .a a Q 000 co o z o w k E • ° ° ° ry 10 o • N o0 EE 'N a O O.-1 ? M M y E. p 0c 'O O O O C N ° C O N J O O O O O O a `' O J o •. ' 0 0 0 o m a._ 3 —o E o J a O. 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N 9- U 125 U (0 U cc cc 2 cc cc az v Y C W C .2 m a-. + 0 u 3 w w 0 O 0 - m F 3 0 v a' E 0 m m v m m -m v. 0`' a`I m in F F U U O .5 o l0 '2- O 0 0000 - U N NN v1 U 10 12) C O .N Eco m m m m m m COLLIER El PUINYC ES July 7, 2014 The Board of County Commissioners Attn: Chairman Tom Henning 3299 Tamiami Trail East Suite 303 Naples, FL 34112 Dear Chairman Henning: In recent months, Collier Resources Company (CRC) has closely followed the public debate regarding the activities of the Dan A. Hughes Company of Texas (Hughes), which is one of our lessees, not a contractor as some have reported. The public debate was initially focused on Hughes's plans to drill an exploratory well in a farm field adjacent to eastern Golden Gate Estates. More recently, much attention has been paid to a well that was completed by Hughes in an area south of Lake Trafford. DEP has publicly stated that Hughes was "caught" using a new and unapproved exploration method when it completed this well. It is our understanding that Hughes has denied any wrongdoing, and that it asserts that it has not broken any laws. It is important to note that neither the cease and desist order or the consent order issued by DEP have asserted any illegal activity. Regardless, during the months following DEP's initial announcement, we have been highly concerned by a flurry of inaccurate and misleading media reports regarding a business that CRC has operated without any issues whatsoever since World War II. The resulting public confusion has created an environment where a number of groups, well intentioned or otherwise, have made unsubstantiated and inaccurate claims about unplugged oil wells, oil drilling in the Everglades, threats to the Florida panther and,most recently, the safety of our drinking water. When we learned of these allegations — particularly as it relates to clean drinking water -- we were the first to raise our hands and volunteer to immediately undertake water quality testing and groundwater modeling in the area adjacent to the Hughes well. We agreed to pay for the testing, and we also agreed to utilize an independent subject matter expert that has been vetted and approved by Collier County staff. We would expect the subject matter expert to evaluate all reasonable recommendations, including recommendations from The Conservancy of Southwest Florida, regarding the nature and scope of any necessary testing. We only insist that the testing is to be based on sound science, and that it is guided by modeling and is independently verifiable. We wholeheartedly endorse DEP's decision to begin its own testing on June 24, 2014, and we look forward to learning of the results as they become available. 2600 Golden Gate Pkwy, Suite 112 •:• Naples,FL 34105 ❖ Tel: (239)262-0900 Fax: (239)262-7378 COLLIER RES MPCOANY OURCES In general, it seems that much of the recent controversy stems from the fact that in its first (and only) exploratory well, Hughes apparently used a well completion method that is new to Florida. Although this method is very common in other parts of the country, it is a method that DEP has requested additional time to study. At the June 24, 2014 meeting of the Collier County Board of Commissioners, Commissioner Hiller requested that CRC meet with Hughes and seek agreement that this method would no longer be used until such time as DEP has done whatever it needs to do to determine whether it is an acceptable method or not. CRC agrees with this request, and Hughes has agreed as well. Additionally, until such time as DEP has issued clear regulations regarding these new well completion methods, CRC will make sure that any future leases with third party exploration companies are limited to oil exploration using a "conventional" approach that has been well accepted and understood in Florida since 1943. CRC is a dedicated community partner that has been involved in oil exploration and development in Collier County, Florida for decades. We trace our roots to the founder of Collier County. This is our home—it is where we live and work and raise our children—and we take the issue of clean water and public safety very seriously. Sincerely, Tom Jones, Sr. Vice President Cc: Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Georgia Hiller, Esq. Commissioner Tim Nance County Manager Leo Ochs, Jr. 2600 Golden Gate Pkwy, Suite 112 ❖ Naples,FL 34105 ❖ Tel: (239)262-0900 Fax: (239) 262-7378 z a 3 n o > O -a 3 z r m ,� !- rn fp m v H imi o r- 3 0 C O 0 0 -~I v rn > z c = m m m rnrn � • -3i m -I l m N v 3 rnDx r* rte- O -1 G ~ z 1 m 3 ° rn -.� X 0 O 7' zm l - P I—I 2 -4 * z 2 J�' i' U- Z -1 I H -< O -I m = W ° c ^ a W mov , :r l J `. rn� zw o r M X D & r rn rri 2 c� -n m O C rn O II Fn id 0 r = O co cn p n O Ono v - n0 H 2 � n LI - 3 rn czi G� z r7 rn -I > H m m w ita 0 ,--i's-' °a o - = al= x z 3 --I o cc v v z ,r- n cHz --a CU m �lrno C O 0 z --IO x I-1. x a 0O V cD O 0 m 0 V _3 -I m o2Jrn 0 � 0 c � c 1 'a Z -a r n. 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AN t O c o z o „S) CD Z ° -11. (N� =X 3 o Cm � a c "J "�i 3z O Oz -Io° .. m r'!' xi n � p � O CD O C rn o _ x , n0 0 rn m 0 it ~ .3 r=n 2 m � � o n [rn' m mp > O m oo Z O m°° G) n H ti I O O m Z in O. x a t jo. / 5t Nola EAST NAPLES - GOLDEN GATE 7024. `4+ FIRE CONTROL AND RESCUE DISTRICTS 41, 14575 Collier Boulevard •Naples,FL 34119 E, R�St,, Phone: (239)348-7540 Fax (239)348-7546 irct Steve Humping,Chairman Kingman Scheldt,Fin Chief Kevin Gerrity,Chairman June 30, 2014 Chairman Tom Henning, Commissioner Board of County Commissioners 3299 Tamiami Trail East, Suite 303 Naples,FL 34114-5736 Honorable Commissioner Henning, As you are aware, the Board of County Commissioners recently directed County Staff to enter into discussion with the East Naples(Golden Gate)Fire Control and Rescue District (EN-GG) for the purpose of developing a Iong-term plan that may lead to the assumption of fire rescue and life safety services in the Ochopee Fire District. In addition EN-GG is actively preparing for an August referendum vote to annex the Isles of Capri Fire District into the jurisdictional boundaries of East Naples. In anticipation of a successful August referendum and the recent agreement for the EN-GG Fire Marshal to serve in similar capacity for Collier County including Isles of Capri, Port of the Islands, Ochopee and County District One, it is in the best interest of all parties to begin formulating a plan for the immediate assumption of fire inspections quickly as inspections were included as part of the adopted EN-GG Interlocal Agreements (ILA) entered into with the County this year. Allow me to clarify an important point regarding the EN-GG jurisdictional authority to conduct fire inspections. Although Everglades City is within the area served by the Ochopee Fire District,the City remains as the Authority Having Jurisdiction (AHJ)regardless of the entity providing fire protection services(Ochopee). It is not the intention or desire of EN-GG to assume fire inspection responsibilities within the jurisdictional boundaries of Everglades City. The Fire District remains committed to providing services to any willing parties or geographical areas. Under no circumstances is it the Fire District's intention to assume any such responsibilities as they are not included in the ILA unless requested, and in the best interest of all parties involved. The EN-GG Fire District remains committed to cooperating with Collier County to provide fire marshal oversight services. The Fire District also stands ready to formalize fire inspection and life safety programs in Isles of Capri, Port of the Islands, County District One and any other jurisdictional area that your Board may desire. In closing; it is the Fire District's intention and willingness to begin formal discussion regarding the long-term delivery of fire rescue and life safety services to the Ochopee Fire District with Page 1 of 2 5� mitt, EAST NAPLES - GOLDEN GATE 7 %we ' �P. ' \P FIRE CONTROL AND RESCUE DISTRICTS !� f 14575 Collier Boulevard • Naples,FL 34119 ► P 'gyp' J Phone: (239)348-7540 Fax: (239)348-7546 'R ESC Steve Hemping,Chairman Kingman Schmidt,Fins Chief Ksvin Gerrity,Chairman respect to Everglades City. We look forward to the continuation of cooperative efforts in effort to enhance the delivery of fire rescue services to the greater Collier County community. Please, do not hesitate to contact my office if you should have any questions or desire clarification on this issue. 'ncer y, King an D. 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