Recap 11/18/2014 R COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
November 18, 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 Dev. Chair
Commissioner Penny Taylor, District 4
NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST
REGISTER PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE
(3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY
ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
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November 18,2014
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 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Father Philemon Patitsas - St. Katherine Greek Orthodox Church
Invocation given
B. SWEARING IN CEREMONY FOR COMMISSIONER TAYLOR, District
4 (The swearing in will be conducted by Judge Christine Greider).
Sworn in
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent agenda.)
Adopted and/or Adopted w/changes — 5/0
B. October 14, 2014 - BCC/Regular Meeting
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November 18,2014
Approved as presented — 5/0
C. October 28, 2014 - BCC/Regular Meeting
Approved as presented — 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating November 25, 2014 as St. Katherine Greek
Orthodox Church Day. To be accepted by Dr. John Klemes, Parish Council
2nd Vice President. Sponsored by Commissioner Hiller.
Adopted — 5/0
B. Proclamation designating November 2014 as Join Scout Month. To be
accepted by Burt Saunders, Boy Scouts of America District Chairman; Tom
Birch, District Commissioner; James Giles, District Executive; Grae
Sidener, STEM/NOVA Program Chair. Sponsored by Commissioner
Henning.
Adopted — 5/0
C. Proclamation recognizing a new Waste Reduction Award Program recipient
Positano Place of Naples. To be accepted by Mr. Jack Hedenstrom, LCAM,
CMCA, Community Association Manager, Mr. Tom Nigro, Association
Treasurer. Sponsored by Commissioner Henning.
Adopted — 5/0
D. Proclamation designating November 18, 2014 Mary Ellen Hawkins
Appreciation Day in Collier County. To be accepted by Mary Ellen
Hawkins. Sponsored by Commissioner Henning and Commissioner Taylor.
Adopted — 5/0
E. Proclamation recognizing the 60th Anniversary of Corkscrew Swamp
Sanctuary. To be accepted by Brad Cornell, Southwest Florida Policy
Associate for Audubon of the Western Everglades, and Jason Lauritsen,
Director, Corkscrew Swamp Sanctuary. Sponsored by Commissioner
Nance.
Adopted — 5/0
F. Proclamation designating November 21-27, 2014 as Farm City Week in
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Collier County. To be accepted by Stephanie Kissinger 2014 Chair of the
Farm City BBQ and representatives of Collier County 4H Association,
Youth Leadership Collier, Collier County Junior Deputies League, and Key
Club International, the four youth leadership development programs
benefitting from the proceeds of Farm City BBQ. Sponsored by
Commissioner Nance.
Adopted — 5/0
G. Proclamation designating November 2014 as Diabetes Awareness Month in
Collier County. To be accepted by members of the Black Affairs Advisory
Board LaVerne Franklin, Vaughn Young, Debra Johnson Hubbard, Jennifer
Williams, Darling Smith and Dr. Pamela Wilkins. Sponsored by
Commissioner Fiala.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for November
2014 to Comcast Cable. To be accepted by Justin Damiano, Manager,
Government and Regulatory Affairs.
Presented
B. Presentation of the Dr. Charles H. Townes Supernova Award, the Boy
Scouts top STEM award for Webelos, to Dalton Sidener, Webelos Scout,
Pack 210 Chartered by the Big Corkscrew Island Volunteer Firefighter's
Association recognizing his accomplishments.
Presented
C. Recommendation to recognize Jonathan Harraden, Paramedic Company
Officer, EMS as the Employee of the Month for October 2014.
Recognized
D. Recognition of Collier Area Transit as the recipient of the following awards
presented by the Florida Public Transportation Association: Bus Safety (3rd
Place); Print Collateral (2nd Place); Print - Instructional Information (1st
Place); Signage & Graphic - Interior Bus (1st Place); and Internal Employee
Communications (1st Place).
Recognized
E. Recognition of Collier Area Transit as the recipient of the 2014 Outstanding
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Transit System of the Year award presented by the Florida Public
Transportation Association.
Recognized
F. Recognition of the county employees who were selected as winners of the
Distinguished Public Service and Excellence in Public Service Awards
bestowed by the Greater Naples Chamber of Commerce, in association with
Naples Daily News. Congratulations to the winner of the Distinguished
Public Service Award Isabelle Favier, Paramedic/Firefighter Company
Officer, EMS; and winners of the Excellence in Public Service Award Jamie
French, Deputy Administrator, Collier County Growth Management
Division and Paul E. Mattausch, Director, Northeast Utilities Integration,
Public Utilities Division.
Recognized
Moved from Item #10B (Per Agenda Change Sheet)
G. This item to be heard in conjunction with Item #11D. Recommendation
to consider the recommendations contained in the Conservancy of SW
Florida's Oil Legislation Presentation. (Commissioner Fiala)
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Judith M. Hushon, Ph.D. requesting that the
County take a regional approach to address sea level rise.
Discussed; Commissioner Nance to discuss with Regional Planning
Council and bring back information to the Board
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
Item #8 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item requires that ex parte disclosure be provided by Commission
members. All participants are required to be sworn in. Recommendation
to consider a Resolution of the Board of Zoning Appeals providing for the
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November 18, 2014
establishment of a Conditional Use to allow a church within an Estates
zoning district pursuant to Section 2.03.01.B.1.c.1 of the Collier County
Land Development Code for property located on the northwest corner at the
intersection of Everglades Boulevard and Randall Boulevard in Sections 19,
20, 29 and 30, Township 48 South, Range 28 East, Collier County, Florida.
[CU-PL20110002615, The Church of Jesus Christ of Latter-Day Saints.
PL20110002626/CPSS-2012-1 Small Scale GMPA]. (This item to be heard
after Item #9C)
Resolution 2014-247 Adopted w/CCPC recommendations and to include
road right-of-way provisions — 5/0
Item #9 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
A. Recommendation to review and approve the 2014 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 and adopt an ordinance that updates the 5-year capital improvement
schedules.
Ordinance 2014-39 — Adopted 5/0
B. Recommendation to consider an ordinance amending Ordinance Number
04-41, as amended, the Collier County Land Development Code, which
includes the comprehensive land regulations for the 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 Two
- Zoning Districts and Uses, including Section 2.03.01 Agricultural Districts,
more specifically (1) to amend the permitted uses in the Agricultural and
Estate districts to allow hogs to be kept for show by children enrolled in a
4-H development program, and (2) to amend the accessory uses in the Estate
District to allow off-site retail sale of fruits, vegetables, and nursery plants
grown on site; Chapter Four - Site Design and Development Standards,
including Section 4.02.07 Standards for Keeping Animals; Chapter Five -
Supplemental Standards, including Section 5.04.05 Temporary Events;
Section Four, Conflict and Severability; Section Five, Inclusion in the
Collier County Land Development Code; and Section Six, Effective Date.
Ordinance 2014-40 — Adopted w/changes — 5/0
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C. Recommendation to deny the Everglades-Randall Subdistrict Small-Scale
Amendment to the Golden Gate Area Master Plan Element of the Collier
County Growth Management Plan, Ordinance 89-05, as amended, for
transmittal to Florida Department of Economic Opportunity Adoption
Hearing (PL20110002626/CPSS-2012-1) (Companion to Petition CU-
PL20110002615).
Ordinance 2014-41 — Adopted 4/1 (Commissioner Taylor opposed)
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to authorize the County Attorney to amend Ordinance
2005-44 to remove composting restrictions and to advertise for future
consideration a new ordinance establishing composting regulations.
(Commissioner Henning)
Motion to approve with the addition of ground waste to composting
Approved — 5/0
Moved to Item #5G (Per Agenda Change Sheet)
B. This item to be heard in conjunction with Item #11D. Recommendation
to consider the recommendations contained in the Conservancy of SW
Florida's Oil Legislation Presentation. (Commissioner Fiala)
C. Recommendation to approve a Resolution in support of the budget request
made by South Florida Ag Council to the Florida Legislature for continued
funding of Southwest Florida Research and Education Center and to
distribute resolution in the manner set forth below. (Commissioner Nance)
Resolution 2014-246 — Adopted 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept the Collier County Economic Development
Strategic Plan. (Bruce Register, Business and Economic Development
Director)
Approved — 5/0
B. Recommendation to approve a $2,500,000 Grant Agreement with the State
of Florida Department of Economic Opportunity for funding assistance for
the County's Soft Landing Business Accelerator Project and approve
necessary budget amendments. (Bruce Register, Business and Economic
Development Director)
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November 18,2014
Approved — 5/0
C. Recommendation to waive formal competition and approve and authorize
the Chairman to execute an agreement with Economic Incubators, Inc.
("EII") for administrative and management services associated with the
Collier County Soft Landing Accelerator Project. (Bruce Register, Business
and Economic Development Director)
Approved — 5/0
D. Recommendation to 1) consider and accept the report and presentation by
AECOM Technical Services, Inc. regarding oil exploration/production in
Collier County; 2) approve recommendations for the development of new
state regulations to be presented, in coordination with Florida Department of
Environmental Protection, to the Legislative Delegation. 3) direct County
Attorney's Office and County Manager or his designee to develop zoning
code changes including, but not limited to, a potential Conditional Use
process for oil exploration/production wells that are within an identified
distance to residential areas. (Nick Casalanguida, Growth Management
Administrator)
Motion to accept AECOM report and direct the County Attorney to
develop zoning code changes including, but not limited to a potential
Conditional Use process for oil exploration/production wells —
Approved 5/0; County Attorney to return with Executive Summary and
recommendations to address existing conflicts within the Growth
Management Plan — Consensus;
Motion to accept the AECOM report and approve recommendations
adding closer oversight by Collier County that may include proposals
for stronger local regulations — Approved 5/0
E. Recommendation to award Contract No. 14-6349 - Lely Area Stormwater
Improvement Project (LASIP), County Barn Road Weir and Canal
Improvements to D. N. Higgins, Inc., in the amount of$7,415,247.53.
(Project No. 33384) (Jay Ahmad, Transportation Engineering Director)
Approved — 4/0 (Commissioner Nance absent)
F. Recommendation to award a construction contract in the amount of
$20,684,000 to Community Asphalt, Ft. Myers and reserve $2,004,000 on
the purchase order for funding allowances, for a total of$22,688,000 for
ITB #14-6342 Collier Boulevard (CR951) Roadway Capacity Improvements
(from Green Boulevard to Golden Gate Boulevard), (Project No. 68056)
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(Jay Ahmad, Transportation Engineering Director)
Approved — 5/0
G. Recommendation to select a method of collecting the $10,500 utilized for
emergency repairs on Platt Road and authorize the advertisement of an
Ordinance for the December 9, 2014 BCC Meeting for final consideration.
(Michelle Arnold, Alternative Transportation Modes Director)
Motion to approve staff's recommendations with the exception that
funds will be collected over a 2-year period of time versus staff's
proposed 1-year collection period —Approved 5/0
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, accept staffs report on the
status of efforts at the County's Airports over the past year.
Approved — 5/0
2) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, provide preliminary guidance
and next steps to staff in addressing resolution of Internal Audit
Report 2014-3 Collier County Airport Authority - Campground (RV
Park).
Motion to approve staff's recommendations of Option #3
Approved — 5/0
3) Recommendation that the Board of County Commissioners, acting as
the Collier County Airport Authority, direct staff to negotiate a new
lease with RTH Enterprises, Inc., d/b/a Immokalee Regional Raceway
(IRR) pursuant to the resolution of all outstanding current lease issues.
Motion to approve staff's recommendations— Approved 5/0
B. COMMUNITY REDEVELOPMENT AGENCY
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Withdrawn (Per Agenda Change Sheet); to remain on Agenda (Commissioner
Henning during agenda changes)
1) Recommendation that the Community Redevelopment Agency (CRA)
approve an Agreement for Purchase and Sale authorizing the sale of
CRA owned property in the Gateway mini-triangle to Fortino
Construction & Development, LLC for construction of a mixed-use
development comprising residential, hotel and rooftop restaurant and
retail uses.
Motion to accept the agreement as written — Approved 3/2
(Commissioner Taylor and Commissioner Hiller opposed)
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Current BCC Workshop Schedule.
County Manager— Workshop on December 2nd, 2014 with the Marco
Island City Council
B. Commissioner Nance — Would like staff to look into a recent proposal
from Golden Gate Estates land owner— Consensus
C. Commissioner Hiller— First Florida Integrity Bank Custodial
Agreement with Infinex Financial Group
D. Commissioner Henning— Welcome Commissioner Taylor
E. Commissioner Fiala — Would like ideas brought back and further
discussion regarding landscape beautification programs for designated
arterial and collector roadways throughout the County
F. Commissioner Nance— Problems with trees and signs
G. Commissioner Taylor— Would like to see the work of local artists
displayed on the 3rd Floor of the Administration Building/BCC Offices
H. Commissioner Taylor— Staff to bring back an Official Interpretation of
the LDC regarding the proximity of service stations to residentially
zoned property at December 9th, 2014 BCC Meeting— Approved — 5/0
I. Commissioner Henning — Motion to Adjourn — Approved 5/0
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 Adopted w/changes — 5/0
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A. GROWTH MANAGEMENT DIVISION
1) 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 the offsite removal of up to 10,500 cubic yards of excess fill
from Collier Area Transit Passenger Transfer Facility, Commercial
Excavation Permit EXP-PL20140002163. The excess fill is a result
of previously approved development lake excavation within the
project site.
Removal will take about 750 truckloads working 10-hour days for
approximately 7 days
2) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of plat
dedications, for the final plat of Lakoya (AR-12021) and authorize the
release of the maintenance security in the amount of$248,723.75.
Resolution 2014-232
3) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Valencia Lakes - Phase 5-A (AR-
4205) and authorize the release of the maintenance security in the
amount of$94,956.13.
Resolution 2014-233
4) Recommendation to approve a Resolution for final acceptance of the
private roadway and drainage improvements, and acceptance of the
plat dedications, for the final plat of Valencia Lakes - Phase 7-A (AR-
5749) and authorize the release of the maintenance security in the
amount of$56,919.
Resolution 2014-234
5) Recommendation to approve final acceptance of the private roadway
and drainage improvements for the final plat of Summit Place in
Naples, Phase II (AR-6955) and authorize the acceptance of the plat
dedications and release of the maintenance security (Performance
Bond) in the amount of$182,800.58.
Resolution 2014-235
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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 for recording the final plat of Breeze of Calusa, (Application
Number PL20130001575) approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the
performance security, and to accept an off-site donation of mitigating
Preserve pursuant to Section 3.05.07 H.1 of the Collier County Land
Development Code. (This item is a companion to Item #16E9)
Developer must receive a certificate of Adequate Public Facilities
prior to the final construction plan letter of approval being issued
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 for recording the final plat of Bent Creek Preserve Phase
Two, (Application Number PL20140001345) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
Developer must receive a certificate of Adequate Public Facilities
prior to the final construction plan letter of approval being issued
8) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Corsica at Talis Park,
(Application Number PL20140001402) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Developer must receive a certificate of Adequate Public Facilities
prior to a final construction plan letter of approval
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Oyster Harbor at Fiddler's
Creek Phase 1, (Application Number PL20140001944) approval of
the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
Developer must receive a certificate of Adequate Public Facilities
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November 18, 2014
prior to the final construction plan letter of approval being issued
10) Recommendation to authorize the Clerk of Courts to release
Performance Bond No. 929558792 in the amount of$25,000 which
was posted as a guaranty for Excavation Permit Number 60.083,
(PL20120002276) for work associated with the Dunes.
11) Recommendation to approve final acceptance of the water and sewer
utility facilities for Acqua di Treviso, PL20120002489, and to
authorize the County Manager, or his designee, to release the Utilities
Performance Security (UPS) and Final Obligation Bond in the total
amount of$38,832.15 to the Project Engineer or the Developer's
designated agent.
Preliminary acceptance was approved by staff December 6, 2012
12) Recommendation to approve final acceptance of the privately owned
utility facility for Granada Shoppes - Chuck E. Cheese,
PL20130001893, and authorize the County Manager, or his designee,
to release a Utility Performance Security (UPS) and Final Obligation
Bond in the total amount of$5,675.25 to the Project Engineer or the
Developer's designated agent.
The final inspection was conducted on September 19, 2014
13) Recommendation to approve the partial release of a code enforcement
lien with an accrued value of$12,084.06, for payment of$2,284.06,
in code enforcement action entitled Board of County Commissioners
v. Andrew D. Clarke and Sandra Ann Jones, Code Enforcement
Special Magistrate Case No. CEPM20130010878, relating to property
located at 6123 Manchester Place, Collier County, Florida.
Code violations are for property at 812 Grand Rapids Blvd.
currently under contract with the lien encumbering the property
14) Recommendation to approve the release of a code enforcement lien
with an accrued value of$20,612.47, for payment of$562.47, in the
code enforcement action entitled Board of County Commissioners v.
John M. Ferner, Code Enforcement Special Magistrate Case No.
CEPM20110012778, relating to property located 789 107th Avenue
N., Collier County, Florida.
Brought into compliance on August 15, 2012
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15) Recommendation to approve the release of a code enforcement lien
with an accrued value of$199,000, for payment of$54,500, in the
code enforcement action entitled Board of County Commissioners v.
Norman C. Partington, Code Enforcement Special Magistrate Case
No. CEPM20120003671, relating to property located 5761 Golden
Gate Parkway, Collier County, Florida.
Brought into compliance on September 5, 2014
16) Recommendation to approve the release of a code enforcement lien
with an accrued value of$399,000, for payment of$450, in the code
enforcement action entitled Board of County Commissioners v. AMG
Properties, Inc., Code Enforcement Board Case No. 2007090454,
relating to property at 3831 Arnold Avenue, Collier County, Florida.
Brought into compliance on April 11, 2014
17) Recommendation to authorize a Mediated Settlement Agreement for
the payment of$125,000 plus fees and costs for the taking of Parcel
112FEE in the case styled Collier County v. New Plan Florida
Holdings, LLC for improvements to the intersection of Collier
Boulevard (CR 951) and US41 (Project No. 60116) (Fiscal
Impact:$132,763)
Located at 12651 Tamiami Trail East, Naples
18) Recommendation to approve Agreement No. 4600003150 with the
South Florida Water Management District for the continued collection
of ground water quality samples in Collier County.
At 45 groundwater test sites semi-annually
19) Recommendation to authorize removal of aged accounts receivable in
the amount of$3,175.72 considered uncollectible from the financial
records of various Growth Management Division departments and the
Airport Authority, in accordance with Resolution 2006-252.
Resolution 2014-236
20) This item requires that ex parte disclosure be provided by
Commission members. All participants are required to be sworn
in. Recommendation to adopt a Resolution amending Resolution
2009-302, relating to the Stewardship Sending Area with a
designation as "BCl/BCP/SI SSA 13"; approving the extension of
certain dates to December 15, 2017 in the Stewardship Sending Area
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November 18, 2014
credit agreement for BCI/BCP/SI SSA 13 and the Escrow agreement
for BCI/BCP/SI SSA 13.
Resolution 2014-237
21) Recommendation to cancel the Adopt-a-Road Agreement with
sponsor Naples Safe Driving Academy and to allow the roadway
segment of Airport Road from Golden Gate Parkway to Radio Road
to become available for adoption as part of the Adopt-a-Road
Program.
For a two-mile segment of roadway
22) Recommendation to approve one (1) Adopt-a-Road Agreement name
change for the road segment of Airport Pulling Road from Golden
Gate Parkway to Clubhouse Drive for the volunteer group Young
Realty Group, and cancel the existing agreement with Lori Young
Florida Home Realty for the same road segment with two (2)
recognition signs at a total cost of$60.
For a two-mile segment of roadway
23) Recommendation to award Term Contracts for RFP #14-6212,
"Annual Contract for Bridge Repairs and Maintenance" to Quality
Enterprises USA, Inc. and Wright Construction Group, Inc. and
authorize the Chairman to execute the standard agreements after
County Attorney approval on behalf of the Board.
Providing needed bridge repair throughout the County
24) Recommendation to approve two full time positions within the
Growth Management Division, Transportation Engineering
Department, with the Classification Title of Inspector and to authorize
the necessary budget amendment (fiscal impact $220,000).
To adequately address Construction Engineering Inspection
duties for Transportation Engineering projects
25) Recommendation to approve the donation of between 10,000-15,000
CY's of beach quality sand from the Marco Island Marriott to be used
in the Marco Island Central Beach re-grade project scheduled after
November 1, 2015.
If the quality of sand is acceptable it may be incorporated into the
re-grading between Tigertail Beach and Marco Island Marriott
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November 18,2014
26) Recommendation to approve Change Order No. 2 to Purchase Order
#45-151465, authorize the expenditure of Tourist Development
Category "A" tax funds to provide engineer of record and construction
engineering inspection services during the nourishment of the Naples
Beach project by Atkins North American, Inc. under Contract #14-
6256 for time and material amount of$24,648.68, authorize necessary
budget amendment, and make a finding that this item promotes
tourism.
Revising the completion date to March 17, 2015
27) Recommendation to accept a proposal from CB&I Coastal Planning &
Engineering dated October 22, 2014 for Collier County (per agenda
change sheet) Creek Feasibility Analysis, approve a work order under
Contract No. 13-6164-CZ for a not to exceed amount of$59,807.44,
authorize necessary budget amendment and make a finding that this
item promotes tourism.
With a contract to expire on March 8, 2019
28) Recommendation to approve and execute a Modification to Florida
Division of Emergency Management (FDEM) Subgrant Agreement
HMGP #1785-027-R, to extend the Period of Performance completion
deadline to August 31, 2015 in connection with Lely Area Stormwater
Improvement Project (LASIP)/Crown Pointe (Loch Louise Weir) and
Haldeman Creek Weir Replacements (Project #51101)
Extending the completion date to August 31, 2015
29) Recommendation to approve an Adopt-A-Road Program Agreement
for the segment of Orange Blossom Dr. from Goodlette Frank Road to
Airport Pulling Road, with two (2) recognition signs at a total cost of
$60 with the volunteer group, Makara & Associates, LLC.
For a two-mile segment of roadway
30) Recommendation to acknowledge and approve the "HITS Triathlon
Series" event to take place in Collier County on January 10-11, 2015,
including evening hours.
Because events include up to 2.4 miles of swimming, 112 miles of
bicycling and 26.2 miles of running participants may not complete
events until late in the evening
31) Recommendation to approve a proposed list of tentative Land
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November 18, 2014
Development Code Amendments for two 2015 Land Development
Code Amendment Cycles.
As detailed in the Executive Summary
32) Recommendation to review and approve the list of proposed projects
to be submitted for the FY 2016 South Florida Water Management
District Cooperative Funding Program.
As detailed in the Executive Summary
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners (BCC)
acting in its capacity as the Community Redevelopment Agency
(CRA) Board approve a budget amendment to the Collier County
Community Redevelopment Agency - Immokalee (CRA) Fund (186)
budget that reestablishes funding for the CRA's Commercial Facade
Improvement Grant Program in the amount of$20,000 to cover a
previously approved grant commitment.
The façade improvements were for Kountry Kitchen
2) Recommendation that the Collier County Board of County
Commissioners (BCC) as the Collier County Community
Redevelopment Agency (CRA) approve submission of the attached
Letter of Intent and related Resolution to the Southwest Florida
Regional Planning Council (RPC) memorializing the CRA's role as
an active partner in carrying out the tasks related to the Federal
Promise Zone designation for Immokalee.
CRA Resolution 2014-238
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a work order for the first phase of the
Livingston Road Force Main under Request for Quotation Number
14-6213-9, to Quality Enterprises USA, Inc., in the amount of
$549,253.95, Force Main Technical Support (Project Number 70044).
The expiration date for this contract is July 7, 2016
2) Recommendation to approve a Change Order in the amount of
$208,960 and add 162 days to Contract #13-6064 for "Asset
Management Software and Consulting," with Woolpert, Inc. (Project
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November 18, 2014
#50105).
The approved completion date is April 21, 2016
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an Agreement with the Aquatic Boosters
d/b/a Swim Florida for a competitive swim program at the Golden
Gate Aquatic Center.
Providing practice times and dedicated lap lanes on designated
days and times with Swim Florida providing a certified instructor
2) Recommendation to approve the First Amendment to Agreement #12-
5944 with Collier County Child Advocacy Council, Inc. to provide
mandated services identified under Florida Statute 39.304(5).
For the initial forensic physical examination
3) Recommendation to approve the selection committee rankings and
authorize entering into negotiations with Victor J. Latavish Architect,
PA for a contract related to Request for Proposal Number 14-6338,
"Eagle Lakes Community Park Pool Design Services."
4) Recommendation to approve substantial amendments to the U.S.
Department of Housing and Urban Development Community
Development Block Grant FY2011-2012, FY2012-2013, FY2013-
2014 and FY2014-2015 Annual Action Plans to reallocate unspent
funds and approve a $479,000 subrecipient agreement for Youth
Haven Safe and Secure Home for Collier Youth Phases II and III and
a subrecipient agreement amendment for Goodwill Industries
Microenterprise Program.
Extending the completion date from January 13 to April 30, 2015,
revising budget line items and adding language to clarify
deliverables to satisfy federal and local compliance requirements
5) Recommendation to approve a substantial amendment to the U.S.
Department of Housing and Urban Development Community
Development Block Grant FY2014-2015 HUD Annual Action Plan
and approve a subrecipient agreement amendment to increase the
existing agreement by $94,685 for a total of$175,144 for the City of
Naples Intersection Improvements.
Extending completion date of December 31, 2014 to May 31, 2015
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November 18, 2014
6) Recommendation to approve Amendment #0002 to the Criminal
Justice, Mental Health and Substance Abuse Reinvestment Grant
Agreement with the Department of Children and Families and the
associated Subrecipient Agreement with NAMI of Collier County,
Inc. to reflect a staffing change to support a .75 Peer Counselor
position provided by NAMI of Collier County and add State and
Federal Laws, Rules and Regulations.
Maintaining compliance with DCF grant standards
7) Recommendation to approve the Collier Area Transit Bus Stop
Americans with Disabilities Act Assessment.
Improving approximately 25 bus stops by December 2015,
making them ADA compliant
8) Recommendation to approve Fourth Amendment to Agreement with
the Immokalee Community Redevelopment Agency for the
Community Development Block Grant Economic Development
Assistance project to extend the completion date and update
reimbursement language.
Extending completion date of November 30, 2014 to May 31, 2015
9) Recommendation to award Invitation to Bid (ITB) No. 15-6360 for
Fitness Equipment Repair and Purchase to Tropic Gym Tech, LLC.
For repair of standard equipment for the Parks and Recreation
facilities (current contract expires January 10, 2015)
10) 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 Chairman to sign a
Memorandum of Understanding with Collier County 4-H Association;
and authorize the necessary Budget Amendment.
For January 1, 2015 through December 31, 2015 calendar year
11) Recommendation to approve the necessary budget amendments to
reflect estimated funding for the Calendar Year 2015 Older
Americans Act Programs (Net Fiscal Impact $807,677).
Providing uninterrupted support services for elderly clients
12) Recommendation to recognize carry forward from accrued interest in
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November 18, 2014
the amount of$388.17 from State Aid to Library Grants revenue and
appropriate those funds for expenditures on library materials, services,
and equipment.
13) Recommendation to approve the Criminal Justice Mental Health &
Substance Abuse Reinvestment Grant Memorandum of Understanding
with several community partners in order to meet a grantor
compliance requirement.
Partners include St. Matthew's House, Youth Haven, the David
Lawrence Center, Collier County Housing Authority and
Community Assisted & Supported Living
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to recognize and appropriate FP&L rebates and
vendor reimbursements for Air Conditioner Maintenance Projects
(52162) within the County-Wide Capital Projects Fund (301).
As detailed in the Executive Summary
2) Recommendation to award ITB #14-6350 "Plumbing Contractors" to
BC Plumbing Service of Southwest Florida, Inc. as the primary
vendor and Shamrock Plumbing and Mechanical, Inc. as the
secondary vendor for plumbing services and authorize the Chairman
to execute the contracts.
3) Recommendation to ratify Property, Casualty, Workers Compensation
and Subrogation claim files settled and/or closed by the Risk
Management Director pursuant to Resolution 2004-15 for the fourth
quarter of FY 14.
4) Recommendation to recognize carry-forward from accrued interest
earned by EMS County Grant revenue and appropriate funds for a
total amount of$47.71.
From July 1, 2014 through September 30, 2014
5) Recommendation to award bid #14-6253 Communication Services to
Aztek Communication of South Florida, Inc.
To provide voice and data cable installation and maintenance
6) Recommendation to approve four (4) First Florida Integrity Bank
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November 18, 2014
Agreements for Contract #2014-001 Master Banking Services, accept
the Electronic Banking Terms and Conditions Agreement, and
authorize the Chairman to execute these County Attorney reviewed
documents.
7) Recommendation to execute a Third Amendment to Lease Agreement
with Naples Zoo, Inc. redefining the leased area to include the
expanded 8.5 acre primary parking area.
The amendment clarifies responsibility for cost of maintenance,
utilities and insurance coverage
8) Recommendation to approve Second Amendment to License
Agreement with Summit Broadband Inc. to add an area for the
Licensee's permanent generator.
Expanding the area by 1,376 square feet to accommodate a
permanent generator
9) Recommendation to approve a standard Donation Agreement that
allows Green Palm Investments, Inc. to donate a 1.14 acre parcel
along with a management endowment of$4,020 to the Conservation
Collier Land Acquisition Program under the offsite vegetation
retention provision of the Land Development Code LDC Sec
3.05.07H.l.f.iii.b), at no cost to the County, and authorize the
Chairman to sign the Donation Agreement and staff to take all
necessary actions to close. (This item is a companion to Item #16A6)
Within the Winchester-Head parcel in Golden Gate Estates
10) Recommendation to approve the payment of two invoices from Cover
All, Inc. d/b/a Ron's Jons Porta Potty Rental for painting services at
Veterans Community Park and East Naples Community Park.
There were three fixed-term vendors for this particular contract;
staff only sought one quote not the two as required by the contract
from the list of vendors
11) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
Covering the period September 29, 2014 thru October 30, 2014
F. COUNTY MANAGER OPERATIONS
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November 18, 2014
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2014-15 Adopted Budget.
Resolution 2014-239
2) Recommendation to accept five Florida Sports Foundation Grant
awards to support Sports Tourism events totaling $25,200, authorize
all necessary budget amendments, authorize Chairman to execute, and
make a finding that this item promotes tourism.
As detailed in the Executive Summary
3) Recommendation to approve the agreement between Football
University, Inc. and Collier County in support of the National FBU
Youth Football Championships in December 2014, authorize the
Chairman to execute the agreement and make a finding that this
expenditure promotes tourism.
During the week of December 15-21, 2014 and next year
December 16-22, 2015
4) Recommendation to approve Second Amendment to Temporary Use
Agreement with Kraft Office Center, LLC, extending the lease term to
December 15, 2014, for the continued no cost use of furnished office
space for the initial implementation of the Soft Landing Business
Accelerator Project.
Extending the lease to December 15, 2014
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to reappoint two members to the Ochopee Fire
Control District Advisory Committee.
Resolution 2014-240: Reappointing Joel A. Davis and Ronald G.
Gilbert to terms expiring on December 31, 2016
2) Recommendation to appoint two members to the Immokalee
Enterprise Zone Development Agency.
Resolution 2014-241: Appointing Cynthia Lozano and Marvin
Courtright to terms expiring April 4, 2017 (Correcting Ms.
Lozano's address of 617 Weston Road, Lehigh Acres, FL 33936 —
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November 18, 2014
Per Agenda Change Sheet)
3) Recommendation to reappoint member to the Immokalee
Beautification MSTU Advisory Committee.
Resolution 2014-242: Reappointing William A. Deyo to a term
expiring on September 23, 2018
4) Recommendation to appoint members to the Parks and Recreation
Advisory Board.
Resolution 2014-243: Appointing Rebecca Gibson-Laemel for the
remainder of a vacant term expiring on December 15, 2015 and
reappointing Edward "Ski" Olesky, Phillip Broughan and Mary
Bills with terms expiring on December 31, 2018
5) Recommendation to reappoint one member to the Collier County
Citizens Corps.
Resolution 2014-244: Reappointing Russsell D. Rainey, II to a
term expiring on November 5, 2018
6) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Naples Press Club Luncheon on October 23, 2014. The
sum of$25 to be paid from Commissioner Fiala's travel budget.
Held at the Naples Hilton, 5111 Tamiami Trail North, Naples
7) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the East Naples Civic Association Luncheon on October 16,
2014. The sum of$18 to be paid from Commissioner Fiala's travel
budget.
Held at Hamilton Harbor Yacht Club, 7065 Hamilton Ave, Naples
8) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended lunch on November 3, 2014 with Julie Cerach and Susan
Lawson to discuss speech for a future Luncheon. The sum of$12.02
to be paid from Commissioner Fiala's travel budget.
Held at Sam Sneads Tavern, 8004 Lely Resort Blvd., Naples
9) Commissioner Fiala requests Board approval for reimbursement
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November 18,2014
regarding attendance at a function serving a Valid Public Purpose.
Attended lunch on October 17, 2014 with Phil Brougham to discuss
Fiddlers Creek and fire services. The sum of$18.50 to be paid from
Commissioner Fiala's travel budget.
Held at Sam Sneads Tavern, 8004 Lely Resort Blvd., Naples
MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) Recommendation to approve a budget amendment recognizing
Federal HI-IS Vote Program Grant Award 2010 Funds for Voting
Accessibility for Individuals with Disabilities in the amount of
$8,616.34.
2) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 23, 2014 through
October 29, 2014.
3) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of October 30, 2014 through
November 5, 2014.
4) Board declaration of expenditures serving a valid public purpose and
approval of disbursements for the period of November 6, 2014
through November 12, 2014.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Walsh Trucking, Inc., and Steven F. Ames, in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to
recover damages in the amount of$19,657.50, plus costs of the
litigation.
For an auto accident on December 27, 2012
2) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners, against
Mark Merring in County Court in the Twentieth Judicial Circuit,
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November 18, 2014
Collier County, Florida to recover damages for costs of repair and
replacement of a street light in the amount of$4,254.92, plus the costs
of litigation.
For an auto accident on August 27, 2013
3) Recommendation to direct the County Attorney to pursue an appeal in
the case entitled Penny Phillippi v. Collier County, Case No. 14-416-
CA.
4) Recommendation to approve a Settlement Agreement in the sum of
$69,000 and direct the County Attorney to file all documents
necessary to end with prejudice the lawsuit styled Evelyn Prieto v.
Collier County Board of County Commissioners, Case No. 2:13-cv-
00489-SPC-CM, now pending in the United States District Court,
Middle District of Florida Fort Myers Division.
5) Recommendation to reject a written Settlement Offer presented by
Plaintiff Susanna Capasso in the lawsuit styled Susanna Capasso v.
Collier County (Case No. 2:12-cv-499-FtM-99DNF) now pending in
the United States District Court, Middle District of Florida Fort Myers
Division and to direct the County Attorney to proceed with the
defense of the lawsuit currently scheduled for trial in December 2014.
6) Recommendation to reject a Settlement Offer presented by Plaintiff
Don Edwards in the lawsuit styled Don Edwards v. Collier County
(Case No. 09-611-CA) now pending in Circuit Court in Collier
County and to direct the County Attorney to proceed with the defense
of the lawsuit currently scheduled for trial in December 2014.
7) Recommendation to approve a Settlement Agreement reached at
mediation in the case styled Collier County Board of County
Commissioners v. the Kirk Family Trust, and the Las Brisas
Neighborhood Association, Inc., requiring Defendants to collectively
reimburse the County for the full amount of damages totaling
$33,333.
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
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November 18, 2014
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Adopted — 5/0
A. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2014-15 Adopted Budget.
Resolution 2014-245
18. ADJOURN
Motion to Adjourn — Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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November 18, 2014