Recap 01/12/2016 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
January 12, 2016
9:00 AM
Commissioner Tim Nance, District 5 —BCC Chair
Commissioner Donna Fiala, District 1 — BCC Vice-Chair; CRA Chair
Commissioner Georgia Hiller, District 2 — Community & Economic Develop. Chair
Commissioner Tom Henning, District 3 — PSCC Vice-Chair
Commissioner Penny Taylor, District 4 — TDC Chair; CRA Vice-Chair
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.
PUBLIC COMMENT ON GENERAL TOPICS NOT ON THE CURRENT OR
FUTURE AGENDA TO BE HEARD NO SOONER THAN 1:00 P.M., OR AT THE
CONCLUSION OF THE AGENDA; WHICHEVER OCCURS FIRST.
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."
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January 12,2016
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.
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.
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 DIVISION 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 DIVISION.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Rabbi Ammos Chorny - Beth Tikvah of Naples
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.)
Approved and/or Adopted w/Changes — 5/0
B. December 8, 2015 - BCC/Regular Meeting Minutes
Approved as presented— 5/0
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January 12, 2016
C. SELECTION OF CHAIRMAN AND VICE-CHAIRMAN
Motion to nominate Commissioner Fiala as Chairwoman and
Commissioner Nance as Vice-Chairman—Approved 5/0
D. That the Board appoint its members to offices of the Board of County
Commissioners, the Community Redevelopment Agency, the Tourist
Development Council, the Community and Economic Development Board,
the Public Safety Coordinating Council, and the Southwest Florida Regional
Planning Council, and to authorize the new Chairs for both the Board of
County Commissioners and the Community Redevelopment Agency to
execute all documents approved at both this meeting and those documents
which were previously approved but are pending signature.
Motion appointing Commissioner Nance CRA Chairman and
Commissioner Taylor Vice-Chair; EDC — Commissioner Hiller;
PSCC — Commissioner Henning representative; TDC — Commissioner
Taylor Chairwoman; SWFRPC — Commissioner Nance and
Commissioner Taylor representatives — Approved 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation recognizing the 19th Annual Reverend Dr. Martin Luther
King, Jr. Parade and Celebration on January 18, 2016. To be accepted by
officers of the NAACP of Collier County - Harold Weeks, President;
Barbara Melvin, 1st Vice President; Vincent Keeys, 2nd Vice President;
Diann Keeys, Secretary; Irene Williams, Assistant Secretary; Akita Cannon,
Treasurer.
Adopted— 5/0
B. Proclamation recognizing Human Trafficking Awareness Month in Collier
County. To be accepted by Collier County Sheriff Kevin Rambosk.
Adopted— 5/0; read into the record by Commissioner Hiller
C. Proclamation recognizing eight World War II veterans who were honored
with the French National Order of the Legion of Honour. To be accepted by
Harvey Limon, Gerald Cabot and Richard Heath.
Adopted— 5/0
D. Proclamation designating January 14, 2016 as Kindness Awareness Day in
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January 12, 2016
Collier County. To be accepted by representatives of One Million Acts of
Kindness: Bob Votruba (with his dog Bogart), Stacey Dooney and Susanna
Tocco.
Adopted— 5/0
E. Proclamation honoring the work of Collier County staff to improve the
National Flood Insurance Program's Community Rating System for Collier
County from a Class 6 to a Class 5. To be accepted by Howard Critchfield,
William Lang, Caroline Cilek, Kathy Badger, Bethany Mitchell, Matt
McLean, Robert Wiley, Rick Zyvoloski, Jamie French, Travis Gossard,
Jonathan Walsh, Bob Garee, Mike Dumais, Laura Gibson, Gary McAlpin
and the Collier County Floodplain Management Planning Committee.
Adopted— 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for January 2016
to Premier Sotheby's International Realty. To be accepted by Judy Green,
President/CEO, Premier Sotheby's International Realty; Kristi Bartlett, Vice
President, Opportunity Naples, the Greater Naples Chamber of Commerce;
and Andrea Sturzenegger, Vice President, Marketing & Membership, the
Greater Naples Chamber of Commerce.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Nader Amani requesting that the Board of
County Commissioners remove condition #3 and amend condition #4 of
Ordinance 2006-61 (Whippoorwill Lane rezone). Presenting on behalf of the
petitioner is Mr. Biagio Bernardo of CRE Consultants.
Motion to bring item back at a future BCC Meeting— Approved 4/1
(Commissioner Henning opposed)
B. Public Petition request from Ms. Camden Smith requesting that the Board of
County Commissioners consider discontinuing fluoridation of Collier
County water.
Motion for staff to bring back an agenda item for consideration
regarding removal of fluoride from water at a future BCC Meeting
Approved — 3/2 (Commissioner Fiala and Commissioner Nance
opposed)
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January 12,2016
Item #7 to be heard no sooner than 1:00 pm unless otherwise noted.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT
OR FUTURE AGENDA
A. Michael George Hagan— Possible "Sister City" in Illinois and
help for the homeless in Collier County
Items #8 and #9 to be heard no sooner than 1:30 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve an amendment to
Ordinance Number 95-33, the Briarwood PUD, as amended, to add Private
Clubs and Private Parking Garages, and associated required features, as a
principal use in Tracts B & C: Community Commercial, to add minimum
standards for the Private Clubs and Private Parking Garages principal use,
to increase the maximum footprint of all structures for the Private Clubs
and Private Parking Garages principal use in Tracts B & C: Community
Commercial from 20% of the commercial land area to 27%, or 188,062
square feet, of the commercial land area, to limit the maximum square
footage of all structures for the Private Clubs and Private Parking Garages
principal use in Tracts B & C: Community Commercial to 40%, or 278,610
square feet, of the commercial land area which comprises 188,062 square
feet of the building footprint on the ground level and an additional 90,548
square feet of mezzanine areas, to add a deviation allowing an alternative
landscape buffer along Livingston Road and Radio Road, to add a deviation
allowing the required 8-foot wall at the top of a berm instead of being
located at ground level, to add a deviation to eliminate the requirement for
terminal landscaped islands adjacent to parking areas within individual
driveways, to add a new alternative landscaping exhibit for Livingston Road
and Radio Road, and to add a new conceptual master plan for the Private
Clubs and Private Parking Garages principal use, for the PUD property
consisting of 209.17± acres located on the east side of Livingston Road,
north of Radio Road, in Section 31, Township 49 South, Range 26 East,
Collier County, Florida; and by providing an effective date [PUDA-
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January 12,2016
PL20150000178].
Motion to deny—Approved 4/1 (Commissioner Fiala opposed);
County Attorney to prepare Resolution of Denial 2016-16
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve, with conditions, an
Ordinance amending Ordinance Number 2003-11, the East Gateway Planned
Unit Development, by adding 250 residential dwelling units to be developed
in addition to the commercial development on the commercial development
area or as an alternative to industrial and business park development on the
industrial business park development area; by changing the name of the
planned unit development to the East Gateway Mixed Use Planned Unit
Development; by adding Permitted Uses for residential development; by
adding Development Standards for residential development; by adding
Deviations; by revising the Master Plan; by adding Exhibit B and Exhibit C,
Road Right-of-Way Cross Sections; by revising Developer Commitments
for the PUD located on the north side of Davis Boulevard and west of CR
951 in Section 34, Township 49 South, Range 26 East, Collier County,
Florida consisting of 37.35± acres; and by providing an effective date.
[Petition PUDA-PL20140000548]
Ordinance 2016-02 —Adopted w/changes 5/0
10. BOARD OF COUNTY COMMISSIONERS
A. Recommendation to approve a Resolution requesting the United States
Army Corps of Engineers (USACE) budget full funding for Gordon River
Pass Dredging in the upcoming Civil Works Operations and Maintenance
Work Plan. (Commissioner Taylor)
Resolution 2016-14: Including a letter to the Army Corps of Engineers
and coordinating with the City of Naples and Congressman Curt
Clawson's Office—Adopted 4/1
B. Recommendation to direct the Collier County Supervisor of Elections to
place a straw ballot referendum on the March 15, 2016 Presidential
Preference Primary ballot asking the voters of unincorporated Collier
County if they support a single combined fire and emergency medical
response independent special district in unincorporated Collier County that
is governed by an independent elected body. (Commissioner Taylor)
Motion to table until after Closed Session is held— Approved 5/0;
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January 12, 2016
Resolution 2016-15: Motion directing the Supervisor of Elections to
place a straw ballot referendum on the March 15, 2016 Presidential
Preference Primary ballot to ask voters the question, as amended, of
whether they would be in favor of a "unified emergency response" in
the County —Adopted 4/1 (Commissioner Hiller opposed)
Moved from Item #16H4 (Per Agenda Change Sheet)
C. To provide information regarding North Collier Fire Control and Rescue
District cancelling the Inter-Local Agreement between Collier County and
Big Corkscrew Fire Control and Rescue District. (Commissioner Henning)
Approved— 4/1 (Commissioner Hiller opposed)
11. COUNTY MANAGER'S REPORT
A. Recommendation to accept and approve the proposed Parks and Recreation
Division Fee Policy in order to establish guidance for future fees for
services. (Barry Williams, Parks and Recreation Director)
Approved— 4/1 (Commissioner Hiller opposed)
B. Recommendation to award Contract No. 15-6447, Chokoloskee Bridge
Replacement, to Kelly Brothers, Inc., in the amount of$8,050,911.82,
Project No. 66066. (Jay Ahmad, Transportation Engineering Director)
Approved— 5/0
C. This item to be heard at 10:00 a.m. Recommendation to approve a
contract between Paradise Reef, LLC and Collier County for the production
and distribution of a 56 minute documentary film, a three minute film, and
two 30-second film spots; approve the necessary budget amendment in an
amount not to exceed $527,614; and make a finding that this item promotes
tourism. (Jack Wert, Tourism Division Director)
Approved— 4/1 (Commissioner Hiller opposed)
Moved from Item #16E5 (Per Agenda Change Sheet)
D. Recommendation to retroactively authorize the use of Contract #14-6280
Fencing Installation and Repair for "lump sum" quoted projects to Carter
Fence Company and BUE, Inc. d/b/a/ Gatekeepers/Gateswork and inform
the Board of termination notices received from both contractors.
Motion to retroactively approve modifications to all contracts and use
the Board direction provided going forward— Approved 4/0
(Commissioner Henning absent)
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January 12, 2016
Moved from Item #16E4 (Per Agenda Change Sheet)
E. Recommendation to reaffirm the continued use of the industry's best
practices of utilizing "lump sum," "time and materials," a combination of
both price methodologies, and "unit price" for County purchase orders and
projects.
Motion to approve and apply retroactively to all contracts — 4/0
(Commissioner Henning absent)
12. COUNTY ATTORNEY'S REPORT
A. This Closed Session item to be heard at 12:00 noon. Recommendation
for the Board of County Commissioners to provide direction to the County
Attorney related to settlement negotiations and litigation expenditures in the
pending case of North Collier Fire Control and Rescue District v. Board of
County Commissioners of Collier County, Case No. 15-CA-1871, now
pending in the Circuit Court of the Twentieth Judicial Circuit, in and for
Collier County, Florida.
Closed Session
B. Return from Closed Session to be heard at 1:00 p.m. Recommendation
for the Board of County Commissioners to provide direction to the County
Attorney regarding settlement negotiations and litigation expenditures in the
pending case of North Collier Fire Control and Rescue District v. Board of
County Commissioners of Collier County, Case No. 15-CA-1871, now
pending in the Circuit Court of the Twentieth Judicial Circuit, in and for
Collier County, Florida.
No direction given
13. OTHER CONSTITUTIONAL OFFICERS
A. To provide the Board of Collier County Commissioners information
regarding a portion of an outstanding invoice received by Collier County
Board of County Commissioners on or about September 11, 2015 from
Gillig, LLC pursuant to the Indefinite Delivery Indefinite Quantity (IDIQ)
Contract #14-009 dated December 5, 2013; and inform the Board of other
matters regarding this Contract.
Discussed
B. To bring to the Board's attention outstanding invoices related to the
procurement of background checks and fingerprinting by the Florida
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January 12, 2016
Department of Law Enforcement and the Federal Bureau of Investigation
due to new statutory requirements for a shared clearinghouse amongst
agencies established by Florida Statute 943.053.
Motion directing the Clerk to pay outstanding invoices — Approved 4/0
(Commissioner Henning absent)
C. To provide the Board information regarding outstanding invoices received
after the expiration of Ferguson Enterprises, Inc. Contract #11-5715 on
9/12/15, and before the execution of Ferguson Enterprises, Inc. Contract
#15-6475R on 12/8/15.
Motion directing the Clerk to pay outstanding invoices — Approved 4/0
(Commissioner Henning absent)
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Ochs — The Board's February Workshop moved to
March 1, 2016 due to schedule conflicts
B. County Manager Ochs — Meeting with North Naples Fire District day
before January 26 Board Meeting— Motion to allow the County
Manager to discuss the subsequent meeting date during the first
meeting — Approved 4/0 (Commissioner Henning absent)
C. County Manager Ochs —January 20, 2016 Meeting with Editorial
Board regarding EMS response
D. Commissioner Taylor— Veteran "Telling Project"
E. Commissioner Nance — Enjoyed serving as Chairman and looks
forward to this coming year
F. Commissioner Hiller— Closed Session
G. Commissioner Fiala— Golf course conversions in the community and
would like staff to provide a status report on activity— Consensus
H. Commissioner Fiala — Motion to Adjourn — Consensus
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
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January 12,2016
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
Approved and/or Adopted w/Changes — 5/0
A. GROWTH MANAGEMENT DEPARTMENT
1) Recommendation to authorize the Clerk of Courts to release a Cash
Bond in the amount of$3,280 which was posted as a development
guaranty for an Early Work Authorization (EWA) (PL20150002294)
for work associated with Saint Peter the Apostle Catholic Church.
The developer has fulfilled his commitments and the work
associated with the security has been inspected
2) Recommendation to authorize the Clerk of Courts to release an
Irrevocable Standby Letter of Credit in the amount of$25,000 which
was posted as a guaranty for Excavation Permit Number 60.110
(PL20130002033) for work associated with Sienna Reserve.
The developer has fulfilled his commitments and the work
associated with the security has been inspected
3) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Del Webb Naples Parcels 203-
204, (Application Number PL20150001882) approval of the standard
form Construction and Maintenance Agreement and approval of the
amount of the performance security.
W/stipulations
4) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Esplanade at Hacienda Lakes
Phase 2A, (Application Number PL20150002005) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
W/stipulations
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
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January 12, 2016
participants are required to be sworn in. Recommendation to
approve for recording the final plat of Winding Cypress Phase 2,
(Application Number PL20140002533) approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
W/stipulations
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 Fiddler's Creek Marsh Cove -
Phase 2, (Application Number PL20150001903) approval of the
standard form Construction and Maintenance Agreement and approval
of the amount of the performance security.
W/stipulations
7) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Lakoya Lot 341,
Application Number PL20150002534.
Located in Section 21, Township 50 South, Range 26 East
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 minor final plat of Mockingbird Crossing -
Phase 2, Application Number PL20150002144.
Located hi Section 36, Township 48 South, Range 26 East
9) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve for recording the minor final plat of Golf Club of the
Everglades Amenity Center, Application Number PL20150002440.
Located in Section 31, Township 48 South, Range 27 East
10) Recommendation to approve the release of a code enforcement lien
with an accrued value of$252,750 for payment of$500, in the code
enforcement action entitled Board of County Commissioners v.
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Ronnie G. and Beverly Bishop, Code Enforcement Board Case No.
CESD20110017156, relating to property located at 1329 Saint Clair
Shores Road, Collier County, Florida.
For violations consisting of the converting a garage into a guest
house without permits brought into compliance by a new owner
September 3, 2015
11) Recommendation to approve the release of a code enforcement lien
with an accrued value of$3,363.33 for payment of$513.33, in the
code enforcement action entitled Board of County Commissioners v.
Kevin P. McCormick and Kathy McCormick, Code Enforcement
Board Case No. CELU20140016371, relating to property located at
3575 3rd Avenue NW, Collier County, Florida.
For violations surrounding outside storage of car parts and
vehicles, lawn mowers, bicycles, canopy tents, yard furniture and
equipment that was brought into compliance September 4, 2015
12) Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$196,707.09 for payment of
$757.09, in the code enforcement actions entitled Board of County
Commissioners v. Jeffrey M. Stone and Mardi S. Moorman, Code
Enforcement Board Case No. CESD20120004892 and Code
Enforcement Special Magistrate Case No. CENA20130011451,
relating to property located at 5741 Painted Leaf Lane, Collier
County, Florida.
For violations consisting of multiple structures without permits
brought into compliance September 25, 2015 and large amounts
of litter on the property brought into compliance August 5, 2014
13) Recommendation to approve the release of two (2) code enforcement
liens with a combined accrued value of$29,273.91 for payment of
$4,223.91, in the code enforcement actions entitled Board of County
Commissioners v. Roger Dale Mooneyham and Roxie Mooneyham,
Code Enforcement Special Magistrate Case Nos. CEPM20 1 1 0004770
and CEROW20120000549, relating to property located at 4998 23rd
Ct. SW, Collier County, Florida.
For violations surrounding an unmaintained pool and unsecured
enclosure and fence brought into compliance August 25, 2011 and
vegetation in a right-of-way into compliance July 16, 2012
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January 12,2016
14) Recommendation to approve the release of three (3) code enforcement
liens with a combined accrued value of$74,631.03 for payment of
$2,831.03, in the code enforcement actions entitled Board of County
Commissioners v. Chad A. and Crystal M. Shannon, Code
Enforcement Special Magistrate Case Nos. CEPM20100002536,
CEPM20110011548 and CEPM20140011736, relating to property
located at 6654 Castlelawn PL, Collier County, Florida.
For repeat violations surrounding an unmaintained pool
15) Recommendation to approve the release of a code enforcement lien
with an accrued value of$48,250 for payment of$1,000, in the code
enforcement action entitled Board of County Commissioners v.
Kimberly M. Harrington and James W. Harrington, Code
Enforcement Special Magistrate Case No. CEPM20140020881,
relating to property located at 1103 Wisconsin Drive, Collier County,
Florida.
Violations consisting of an unsecure vacant dwelling with roof
damage brought into compliance on November 12, 2015
16) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Esplanade Golf
& Country Club of Naples, Phase B and R2, PL20140000380, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000 to the Project Engineer
or the Developer's designated agent.
Final inspection was conducted by Public Utilities, Engineering
and Right-of-way Inspection staff on October 29, 2015 and the
facilities were found to be satisfactory and acceptable
17) Recommendation to approve final acceptance of the water utility
facilities for North Naples Research and Technology Park Storage
Suites, PL20140000267, to accept unconditional conveyance of the
off-site utilities, 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$5,454.24 to the Project
Engineer or the Developer's designated agent.
Final inspection was conducted by Public Utilities, Engineering
and Right-of-way Inspection staff on June 23, 2015 and the
facilities were found to be satisfactory and acceptable
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January 12, 2016
18) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Esplanade Golf
& Country Club of Naples, Phases Cl and C2, PL20140000985, and
to authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000 to the Project Engineer
or the Developer's designated agent.
Final inspection was conducted by Public Utilities, Engineering
and Right-of-way Inspection staff on November 12, 2015 and the
facilities were found to be satisfactory and acceptable
19) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Esplanade Golf
& Country Club of Naples, Phase Al, PL20140000060, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000 to the Project Engineer
or the Developer's designated agent.
Final inspection conducted by Public Utilities, Engineering and
Right-of-way Inspection staff on October 29, 2015 found the
facilities satisfactory and acceptable
20) Recommendation to approve final acceptance and unconditional
conveyance of the water and sewer utility facilities for Esplanade Golf
& Country Club of Naples, SDP #1, PL20140000054, and to
authorize the County Manager, or his designee, to release the Final
Obligation Bond in the total amount of$4,000 to the Project Engineer
or the Developer's designated agent.
Final inspection was conducted by Public Utilities, Engineering
and Right-of-way Inspection staff on November 12, 2015 and was
found to be satisfactory and acceptable
21) Recommendation to approve an Adopt-a-Road Program Agreement
for the roadway segment of Golden Gate Parkway from Airport-
Pulling Road to Livingston Road, with two (2) recognition signs and
two (2) Adopt-a-Road logo signs at a total cost of$200 with the
volunteer group, Oracle America, Inc.
22) Recommendation to approve an Interlocal Agreement between Collier
County and The City of Naples setting forth the future ownership and
maintenance responsibilities for Sandpiper Street, south of Marlin
Drive and Quit Claim Deed conveying the road to The City of Naples.
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January 12, 2016
Estimated fiscal impact $60,000 (Project #60131).
As detailed in the Executive Summary
23) Recommendation to approve and authorize the Chairman to execute
Amendment No. 1 to Contract No. 14C01 with the Florida
Department of Environmental Protection Bureau of Beaches and
Coastal Systems Beach Management Funding Assistance Program for
Collier County Beach Nourishment and make a finding that this item
promotes tourism.
To reimburse the non-federal portion of design, permitting and
construction costs for the re-nourishment of Vanderbilt, Park
Shore and Naples Beaches from FY2013
24) Recommendation to accept the fee-simple conveyance of the Oak
Drive right-of-way to Collier County, authorize the recording of the
Warranty Deed in the public records, and accept the maintenance
responsibility for said right-of-way.
A short roadway located at an entrance into the Riverwood
Community off of Manatee Road
25) Recommendation to approve and authorize the Chairman to sign the
Utility Facilities Quit-Claim Deed and Bill of Sale between Collier
County and Wentworth Estates Community Development District
(CDD), in order to re-convey to the CDD all irrigation utility facilities
associated with the development project at Treviso Bay Roadway,
PL2004080032, which were previously erroneously conveyed to the
County.
Engineering and Natural Resources Division determined
irrigation utility facilities shouldn't have been conveyed as it
hasn't been in the County's practice to accept conveyance of
private irrigation facilities
26) Recommendation to approve the name of a Collier County artificial
reef site pursuant to the Memorandum of Understanding with the
Community Foundation of Collier County and accept and appropriate
a donation in the amount of$98,000 for Artificial Reef Donations.
(Project No. 44038)
Renaming the Collier 1 Artificial Reef the TOD SIROD REEF
27) Recommendation to approve a short-list of professional engineering
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January 12,2016
consultants pursuant to Request for Proposal (RFP) #15-6456, CEI
Services for LAP Funded Projects and to authorize entering into
negotiations between Collier County and Aim Engineering &
Surveying, Inc. for "Construction Engineering and Inspection (CEI)
Services for LAP Funded Projects." Growth Management Grant Fund
711.
Included Aim Engineering & Surveying, Inc.; Johnson
Engineering, Inc.; AECOM Technical Services, Inc.; Amec,
Foster, Wheeler, Inc. and Calvin, Giordano & Associates, Inc.
28) Recommendation to approve an Interlocal Agreement between City of
Everglades and Collier County for Utility work in the amount of
$264,124.14 as an integral part of the Chokoloskee Bridge
Replacement project. (County Project No. 66066)
Replacing the existing 10" potable water main with a new water
main parallel to the new bridge
29) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve a Resolution approving a Special Treatment development
permit to allow construction of boat dock and dock access
improvements on property owned by Standard Pacific of Florida with
a zoning designation of RMF-6(3) and a Special Treatment overlay
located in Sections 11 and 14, Township 50 South, Range 25 East,
Collier County, Florida. (Companion to Item 17D)
Resolution 2016-01
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Board of County Commissioners acting as
the Community Redevelopment Agency Board execute a Bare
License Agreement between the Community Redevelopment Agency
and Naples Auto Donation Center, Inc. on property located at 1965
Tamiami Trail East for vehicle storage on a month-to-month basis.
W/stipulations
2) Recommendation that the Collier County Community Redevelopment
Agency approve an Exclusive Right of Sale Listing Agreement
authorizing Commercial Real Estate Consultants, LLC to market and
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January 12,2016
sell Community Redevelopment Agency property located at 4265 and
4315 Bayshore Drive consisting of 17.89 acres in accordance with
Florida Statutes 163.380 as outlined in the Collier County Community
Redevelopment Plan and bring back any and all offers to the Board.
C. PUBLIC UTILITIES DEPARTMENT
1) Recommendation to award Contract #15-6365, "Disaster Debris
Management, Removal and Disposal Services" to multiple firms.
A Primary on-call contract with AshBritt, Inc. d/b/a AshBritt
Environmental; Secondary with Crowder-Gulf Joint Venture,
Inc. and Tertiary with Ceres Environmental Services, Inc.
D. PUBLIC SERVICES DEPARTMENT
1) Recommendation to approve a Fourth Amendment to the Subrecipient
Agreement with Habitat for Humanity of Collier County, Inc., to shift
remaining project funds between line items in order to fully expend
remaining awarded funds for Infrastructure Improvements. There is
no net fiscal impact.
For Phase 2C of the Faith Landing Development
2) Recommendation to approve a donation of$23,263.40 as offsite
preservation for St. Peter the Apostle Church (SDPA-PL-
20150000903) to satisfy the native vegetation retention requirement.
There was a conditional use approved for a rectory that included
a vegetation preservation requirement which the petitioner
elected to fulfill through a monetary donation to the County for
the Conservation Collier Program
3) Recommendation to approve Resolutions authorizing submittal of
Federal Transit Administration Sections 5310, 5311 and 5339-Rural
FY2015/2016 grant applications and applicable documents to the
Florida Department of Transportation. (Total anticipated fiscal impact
of$1,734,157.60 with a Federal share of$568,446.08, State share of
$608,155.76 and local match of$557,555.76).
Resolution 2016-02 (FTA Section 5310 Grant Request)
Resolution 2016-03 (FTA Section 5311 Grant Request)
Resolution 2016-04 (FTA Section 5339 - Rural Grant Request)
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January 12, 2016
4) Recommendation to approve an after-the-fact Amendment to the
Master Contract and Attestation Statement with Area Agency on
Aging of Southwest Florida, Inc. for Federal-and State-funded
Services for Seniors programs (No Fiscal Impact).
Amendments presented to the Board for ratification with the
effective date of December 1, 2015 as they were signed by the
County Manager's designee
5) Recommendation to approve an after-the-fact Amendment and
Attestation Statement with Area Agency on Aging for Southwest
Florida, Inc. for Services for Seniors Older Americans Act Title III-E
Grandparent program and budget amendment to ensure continuous
funding for FY 2015 (Fiscal Impact $7,000).
Amendment No. 3 presented to the Board for ratification with an
effective date of November 1, 2015 as they were signed by the
County Manager's designee
6) Recommendation to approve after-the-fact contract Amendment and
Attestation Statement between the Area Agency on Aging for
Southwest Florida, Inc. and Collier County for Services for Seniors to
extend the grant period through February 29, 2016 for the Older
Americans Act Programs and allow for additional in-home
reimbursement rates (No Fiscal Impact).
The amendment received this year extends the existing grant to
February 29, 2016 or until a new agreement is executed
7) Recommendation from Community and Human Services Division to
approve a satisfaction of mortgage in the amount of$5,000 for an
owner-occupied affordable housing unit that has satisfied the terms of
assistance of Collier County State Housing Initiative Program.
Located at 2396 Bayside Street, Naples
8) This item continued from the December 8, 2015 BCC Meeting.
Recommendation to approve FY15-16 contract with the State of
Florida Department of Health for the operation of the Collier County
Health Department in the amount of$1,378,200 and also to allocate
additional funds in the amount of$249,220 to fill a funding gap due to
state non-funding of the ACHA Medicaid match programs.
Effective October 1, 2015 through September 30, 2016
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January 12, 2016
9) Recommendation to approve a Long-Term Community Market
Agreement with The Florida Department of Health in Collier County
to provide a Community Market at the Collier County Government
Center (no fiscal impact).
The term of the agreement is through June 30, 2016
E. ADMINISTRATIVE SERVICES DEPARTMENT
1) Recommendation to adopt a resolution authorizing the cancellation of
2015 taxes upon a fee-simple interest in land Collier County acquired
by Warranty Deed for Conservation Collier and without monetary
compensation (on behalf of Public Services Department).
Resolution 2016-05
2) Recommendation to approve a Termination of Facility Lease
Agreement with the District School Board of Collier County for
leased property in Immokalee on behalf of Transportation/GMD.
Effective January 12, 2016
3) Recommendation to approve the sale and disposal of surplus property
through an on-line auction(s) in compliance with Florida Statutes and
Resolution 2013-095 and authorize the County Manager or designee
to sign for the transfer of vehicle titles.
As detailed in the Executive Summary
Moved to Item #11E (Per Agenda Change Sheet)
4) Recommendation to reaffirm the continued use of the industry's best
practices of utilizing "lump sum," "time and materials," a
combination of both price methodologies, and "unit price" for County
purchase orders and projects.
Moved to Item #11D (Per Agenda Change Sheet)
5) Recommendation to retroactively authorize the use of Contract #14-
6280 Fencing Installation and Repair for "lump sum" quoted projects
to Carter Fence Company and BUE, Inc. d/b/a/
Gatekeepers/Gateswork and inform the Board of termination notices
received from both contractors.
6) Recommendation to approve the administrative reports prepared by
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January 12, 2016
the Procurement Services Division for modifications to work orders,
change orders, surplus property and other items as identified.
For the period November 13, 2015 through December 16, 2015
except for the surplus disposal and revenue disbursement report
that covers the period November 14 through December 15, 2015
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2015-16 Adopted Budget.
Resolution 2016-06
2) Recommendation to approve Ferris Marketing of Florida as a
qualified applicant to the Collier County Basic Industry Growth
Promotion Incentive Program and approve the attached agreement for
Project "15-013."
Proposes creating 12 new jobs over a one year period
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1) Recommendation to appoint a member to the Bayshore Beautification
Advisory Committee.
Resolution 2016-07: Appointing George Douglas to fill a vacancy
with a term that expires on March 3, 2017
2) Recommendation to reappoint two members to the Golden Gate
Community Center Advisory Board.
Resolution 2016-08 : Reappointing W. James Klug, III and
Kaydee Tuff to terms expiring on December 31, 2018
3) Recommendation to reappoint a member to the Isles of Capri Fire
Control District Advisory Committee.
Resolution 2016-09: Reappointing Dan Herrington to a term
expiring on December 31, 2017
Moved to Item #10C (Per Agenda Change Sheet)
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January 12,2016
4) To provide information regarding North Collier Fire Control and
Rescue District cancelling the Inter-Local Agreement between Collier
County and Big Corkscrew Fire Control and Rescue District.
(Commissioner Henning)
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous Correspondence
J. OTHER CONSTITUTIONAL OFFICERS
1) To record in the minutes of the Board of County Commissioners, the
check number (or other payment method), amount, payee, and
purpose for which the referenced disbursements were drawn for the
periods between November 26 and December 30, 2015 pursuant to
Florida Statute 136.06.
K. COUNTY ATTORNEY
1) Recommendation to approve the Right of Entry Agreement with Lely
Community Development District to ensure proper monitoring of
groundwater well levels.
Maintaining compliance with the Water Use Permit #11-00052-W
for the Pelican Bay/Mule Pen Wells with Collier County Water-
Sewer District
2) Recommendation to approve a Joint Motion and Final Judgment in the
amount of$15,000 for Parcel No. 264RDUE in the lawsuit styled
Collier County v. Ganash Rajaram, et al., Case No. 15-CA-379 for the
Golden Gate Boulevard widening project. (Project No. 60040) (Fiscal
Impact: $10,105.50)
Located in Section 1, Township 49 South, Range 27 East
3) Recommendation to approve a Retention Agreement for specialized
legal services with the law firm of Kelley Stiffler PLLC on workers'
compensation matters.
On an "as needed" basis
4) Recommendation to approve a Final Judgment as to Bank of America,
N.A.'s interest in Parcels 113FEE and 113TCE as part of the US-41 /
Collier Boulevard Intersection Improvement Project, Project No.
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January 12, 2016
60116. (Fiscal Impact: $5,040)
For improvements at the US41/Collier Boulevard Intersection
5) Recommendation to approve a Budget Amendment to satisfy the Final
Judgment in the matter styled Penny Phillippi v. Collier County
(Second DCA Case No. 2D14-5805 and Circuit Court Case No. 14-
0416CA) and approve all necessary budget amendments.
Amount due Plaintiff pursuant to the Court's Order is $80,527.94
6) Recommendation to approve a Final Judgment for Parcel 212RDUE
in the case styled Collier County v. Eva Baldrich, et al., Case No. 14-
CA-2701, now pending in the Twentieth Judicial Circuit, Collier
County, required for the widening of Golden Gate Boulevard (Project
No. 60040). (Fiscal Impact: $11,355.50)
Located in Section 2, Township 49 South, Range 27 East
7) Recommendation to approve a Final Judgment for Parcel 200RDUE
in the case styled Collier County v. Baby Brothers Enterprises, Inc., et
al., Case No. 15-CA-0298, now pending in the Twentieth Judicial
Circuit, Collier County, required for the widening of Golden Gate
Boulevard (Project No. 60040). (Fiscal Impact: $10,305.50)
Located in Section 2, Township 49 South, Range 27 East
17. SUMMARY AGENDA - This section is for advertised public hearings and
must meet the following criteria: 1) A recommendation for approval from
staff; 2) Unanimous recommendation for approval by the Collier County
Planning Commission or other authorizing agencies of all members present
and voting; 3) No written or oral objections to the item received by staff, the
Collier County Planning Commission, other authorizing agencies or the
Board, prior to the commencement of the BCC meeting on which the items
are scheduled to be heard; and 4) No individuals are registered to speak in
opposition to the item. For those items which are quasi-judicial in nature, all
participants must be sworn in.
Adopted— 5/0
A. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
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January 12,2016
PL20150002259, to disclaim, renounce and vacate the County and the public
interest in a portion of the 10-foot Utility Easement, recorded in Official
Record Book 1137, Page 638 and the 50-foot Utility Easement recorded in
Official Record Book 1401, Page 757 of the public records of Collier
County, Florida, located in Section 9, Township 48 South, Range 25 East,
Collier County, Florida.
Resolution 2016-10
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Recommendation to approve Petition VAC-
PL20150001066, to disclaim, renounce and vacate the County and the public
interest in a portion of the 12-foot drainage easement located along the rear
border of Lot 15, Block "C" of Habitat Village, as recorded in Plat Book 37,
Pages 48 through 51 of the public records of Collier County, Florida, located
in Section 33, Township 50 South, Range 26 East, Collier County, Florida.
Resolution 2016-11
C. Recommendation to adopt an Ordinance amending "Schedule Four" of
"Appendix A" of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) by
providing for an amendment to Ordinance No. 2015-17 to correct a
scrivener's error in the Correctional Facilities Impact Fee Rate Schedule and
to provide for the incorporation by reference of the corrected Correctional
Facilities Impact Fee Update Study.
Ordinance 2016-01
D. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. Kathleen Riley, et al. requests an appeal to the
Board of County Commissioners of a final decision by the Collier County
Planning Commission to approve Petition BDE-PL20150000487 for an 18-
foot boat dock extension over the maximum 20-foot limit allowed by
Section 5.03.06 of the Land Development Code for a total protrusion of 24
to 38 feet to accommodate a 26 slip multi-family docking facility for the
benefit of a 15.61 + acre project to be known as Haldeman Creek Docks in
Sections 11 and 14, Township 50 South, Range 25 East, Collier County,
Florida [Petition ADA-PL20150001703] (Companion to item 16A29].
Resolution 2016-12
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January 12,2016
E. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2015-16 Adopted Budget.
Resolution 2016-13
18. ADJOURN
— Consensus (Commissioner Henning absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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January 12,2016