Agenda 01/27/2015 Agenda Index AGENDA
BCC
REGULAR
MEETING
January 27 , 2015
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 27,2015
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 Development Chair
Commissioner Tom Henning,District 3-PSCC 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.
Collier County Ordinance No.2003-53 as amended by ordinance 2004-05 and 2007-24,
requires that all lobbyists shall,before engaging in any lobbying activities (including but not
limited to,addressing the Board of County Commissioners),register with the Clerk to the Board
at the Board Minutes and Records Department.
Requests to address the Board on subjects which are not on this agenda must be submitted in
writing with explanation to the County Manager at least 13 days prior to the date of the meeting
and will be heard under"Public Petitions."Public petitions are limited to the presenter,with a
maximum time of ten minutes.
Any person who decides to appeal a decision of this Board will need a record of the proceeding
pertaining thereto,and therefore may need to ensure that a verbatim record of the proceedings is
made,which record includes the testimony and evidence upon which the appeal is to be based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding,you are entitled,at no cost to you,the provision of certain assistance.Please contact the
Collier County Facilities Management Department located at 3335 East Tamiami Trail,Suite 1,
Naples,Florida,34112-5356, (239) 252-8380; assisted listening devices for the hearing impaired
are available in the Facilities Management Department.
Lunch Recess scheduled for 12:00 Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
1.A. Reverend Kirt Anderson-Naples Community Church Pg.1
2. AGENDA AND MINUTES
2.A. Approval of today's regular,consent and summary agenda as amended(Ex Parte
Disclosure provided by Commission members for consent agenda.)
3. SERVICE AWARDS
4. PROCLAMATIONS
4.A. Proclamation designating January 27,2015 as Peter Thomas Day in Collier County,in Pg.2
recognition of his service to Collier County and our country. To be accepted by
Reverend Kirt Anderson. Sponsored by Commissioner Hiller.
4.B. Proclamation recognizing the World's Largest Swimming Lesson. To be accepted by Pg.4
Paula DiGrigoli,Bradie Allen,Dr.John Ryan,Wyn Saunier,Carolyn Rambosk,Konnie
Purcell,Sgt.Jason Wrobleski,Chief Bobby Allen,Jeanine McPherson,Rich DeGalan,
Patricia Rosen,Brian Owen and Derrick Renauld.Sponsored by Commissioner Hiller.
4.C. Proclamation designating January 31-February 6,2015 as Collier County Republican Pg.6
Women's Week. To be accepted by Litha Berger,Irina Cooper,Erika Donalds,Jan
Face Glassman,Judith Friedland,Priscilla Grannis,Joan Hathaway,Ron Kezeske,
Lavigne Kirkpatrick,Kelly Lichter,Cindy Lyster,Mike Lyster,Carol Manning,Charlina
McGee,Michelle Morgenstern,Rep.Kathleen Passidomo,Barbara Stang,Christine
Sutherland,Connie Thomas,and Diane Van Parys.Sponsored by Commissioner Fiala.
4.D. Proclamation honoring the memory of Arthur Chase and recognizing his Pg.8
contributions to the community. To be accepted by Elaine Chase,Ted Raia,Stephen
Gregerson,Annice Gregerson,Jeanne Findletter,and Linda Roth.
Sponsored by Commissioner Hiller.
4.E. Proclamation designating February 20,2015 as Freedom Memorial Fundraising Day. Pg.10
To be accepted by Freedom Memorial Foundation representatives Naples Mayor John
Sorey and Jerry Sanford.
5. PRESENTATIONS
S.A. Presentation of the State Surgeon General Healthy Weight Community Champion
2015 certification to the Collier County Board of County Commissioners for
implementing a variety of policies that have been shown to increase physical activity
and improve nutrition.To be presented by Stephanie Vick,Administrator,Collier
County Department Of Health.
6. PUBLIC PETITIONS
6.A. Public Petition request from Holly Parkes,representing 74 households in the East Pg.12
Naples area,requesting that the Board designate a parcel of county owned land on
Whitaker Road for a fenced dog park,and authorize the supporters of the proposed
dog parks to begin fundraising efforts.
7. PUBLIC COMMENTS ON GENERAL TOPICS NOT ON THE CURRENT OR FUTURE AGENDA
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
Item 8 to be heard no sooner than 1:30 pm unless otherwise noted.
9. ADVERTISED PUBLIC HEARINGS
Item 9 to be heard no sooner than 1:30 pm unless otherwise noted.
10. BOARD OF COUNTY COMMISSIONERS
10.A. Recommendation that the Board of County Commissioners determines if the County Pg.48
Managers Ordinance meets the Florida Statutes Sec. 125.74(k)and if determined
necessary directs the County Attorney to amend the County Manager's Ordinance to
require the County Manager to bring all Department Directors before the Board of
County Commissioners for confirmation,to advertise the proposed amendment,and
to bring the amended ordinance back to the Board for consideration and potential
enactment. (Commissioner Henning)
10.B. Recommendation to appoint two Commissioners to the Southwest Florida Regional Pg.59
Planning Council.
10.C. Recommendation to adopt a Resolution petitioning the District School Board of Pg.82
Collier County,the Florida Legislature,and Governor Rick Scott to reclaim Florida's
educational sovereignty and return control of educational standards,curriculum,
and student assessments to the local county school districts. (Commissioner
Henning)
11. COUNTY MANAGER'S REPORT
11.A. Recommendation to authorize the County Manager,or his designee, and the County Pg.87
Attorney to advertise for future consideration an ordinance amending Chapter 74 of
the Collier County Code of Laws and Ordinances,which is the Collier County
Consolidated Impact Fee Ordinance,providing for the incorporation by reference of
three impact fee studies;amending the Road Impact Fee rate schedule,which is
Schedule One of Appendix A,the Water and Wastewater Impact Fee rate schedule,
which is Schedule Two of Appendix A,and the Correctional Facilities Impact Fee rate
schedule,which is Schedule Four of Appendix A;providing for updates to definitions
for compliance with the update studies and methodology;providing that impact fees
are assessed using the rates in effect(1)when the building permit application is
submitted,or(2)at the time of the issuance of a certificate of occupancy or
certificate of completion for the development,whichever is less;correcting a date
used for terms of deferrals;amending provisions related to the imposition of Water
and Wastewater Impact Fees to comply with the study and methodology updates;
and providing for an effective date of February 17,2015 for all rate categories that
are decreasing and a delayed effective date of May 11,2015 for all rate categories
that are increasing,in accordance with the 90-day notice requirements set forth in
Section 163.31801(3)(d),Florida Statutes.(Amy Patterson,Impact Fee and EDC
Manager)
11.B. Recommendation to accept and approve the completed Parks and Recreation Pg. 122
Department Fee Study conducted by Public Resources Management Group,Inc.
12. COUNTY ATTORNEY'S REPORT
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14.A. AIRPORT
14.B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
15.A. Current BCC Workshop Schedule. Pg.134
16. CONSENT AGENDA
All matters listed under this item are considered to be routine and action will be taken by
one motion without separate discussion of each item.If discussion is desired by a member of
the Board,that item(s)will be removed from the Consent Agenda and considered separately.
16.A. GROWTH MANAGEMENT DIVISION
16.A.1. This item requires that ex parte disclosure be provided by Commission Pg. 136
members.Should a hearing be held on this item,all participants are required
to be sworn in.Recommendation to approve an extension of one year for
completion of subdivision improvements associated with Fiddler's Creek
Phase 3,Unit One(AR-1607)pursuant to Section 10.02.05 C of the Collier
County Land Development Code.
16.A.2. Recommendation to authorize the Clerk of Courts to release a Cash Bond in Pg.144
the amount of$4,060,and a Performance Bond in the amount of$19,640
which were posted as development guaranties for work associated with
Haldeman's Landing,Early Work Authorization's(EWA)PL20140001581
and PL20140002326.
16.A.3. Recommendation to authorize the Clerk of Courts to release Performance Pg.154
Bond No.SEIFSU0401543 in the amount of$1,000,000 which was posted as a
guaranty for Excavation Permit Number 60.109, (PL20120001267)for work
associated with the Bent Creek Preserve.
16.A.4. Recommendation to authorize the Clerk of Courts to release Performance Pg.160
Bond No.41262906 in the amount of$738,246.67 which was posted as a
guaranty for Excavation Permit Number 59.982, (PL20130000727)for work
associated with the Mockingbird Crossing.
16.A.5. This item requires that ex parte disclosure be provided by Commission Pg.167
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 Twineagles Grand Arbors Block 110 Replat,Application Number
PL20140001445.
16.A.6. Recommendation to approve the release of a code enforcement lien with an Pg.173
accrued value of$10,923.83 for payment of$1,073.83,in the code
enforcement action entitled Board of County Commissioners v.Avin Noel and
Maria Chavanes,Code Enforcement Board Case No.2004-038,relating to
property located at 4818 Devon Circle,Collier County,Florida.
16.A.7. Recommendation to approve two releases of code enforcement liens with a Pg.180
combined accrued value of$22,616.36 for payment of$1,316.36,in the code
enforcement actions entitled Board of County Commissioners v.Dennis
Wolfe and Roberta Wolfe,Code Enforcement Special Magistrate Case Nos.
CEPM20100007875 and CEPM20120006379,relating to property located at
2500 55th Street SW,Collier County,Florida.
16.A.8. Recommendation to approve the release of a code enforcement lien with an Pg.191
accrued value of$206,586.43,for payment of$536.43,in the code
enforcement action entitled Board of County Commissioners v.Frank Paz,
Code Enforcement Board Case No.2006081159,relating to property located
at 2864 10th Ave SE,Collier County,Florida.
16.A.9. Recommendation to approve seven releases of code enforcement liens with a Pg.199
combined accrued value of$767,504.15 for payment of$4,954.15,in the
code enforcement actions entitled Board of County Commissioners v.Michael
Hernandez and Adrianna Garcia and Board of County Commissioners v.Juan
Hernandez and Adrianna Garcia,Code Enforcement Special Magistrate Case
Nos.2005020051,CEAU20110008432,CENA20110009062,
CEV20110009199,CENA20120015717 and Code Enforcement Board Case
Nos.2006081209 and CEPM20130011083,relating to property located at
1521 Golden Gate Blvd.W.,Collier County,Florida.
16.A.10. Recommendation to approve the release of code enforcement lien with an Pg.228
accrued value of$156,976.35 for payment of$676.35,in the code
enforcement action entitled Board of County Commissioners v.Patrick
Fevrier and Jacqueline Fevrier,Code Enforcement Special Magistrate Case
No.CEPM20130012039,relating to property located at 6090 Everett Street,
Collier County,Florida.
16.A.11. Recommendation to approve Contract No.14-6246 in the amount of Pg.236
$214,146 with VibEngineering Inc,for work in accordance with the FDOT
local area project Traffic Network Study and Analysis FM No.430868-1-18-
01.
16.A.12. Recommendation to adopt a resolution endorsing collaborative Pg.347
development of a comprehensive,regional,water management strategy
addressing water storage and treatment for all coastal community
watersheds of Southwest Florida.
16.A.13. Recommendation to approve the termination of a 2005 Developer Pg.352
Agreement between Collier County and Naples Syndications,LLLP and
approve a replacement Developer Agreement between the County and the
new Developer,ARGO Warm Springs LLC,to among other things design,
permit and construct of a portion of Woodcrest Drive.(Companion to
Agenda item 17B).
16.B. COMMUNITY REDEVELOPMENT AGENCY
16.C. PUBLIC UTILITIES DIVISION
16.D. PUBLIC SERVICES DIVISION
16.D.1. Recommendation to approve an after-the-fact contract Amendment and Pg.377
Attestation Statement between the Area Agency on Aging for Southwest
Florida,Inc.and Collier County to extend the grant period through February
28,2015 for the Older Americans Act Programs.
16.D.2. Recommendation to approve an after-the-fact Amendment and Attestation Pg.384
Statement with Area Agency on Aging for Southwest Florida,Inc.for the
Community Care for the Elderly program to ensure continuous funding for
FY 2014/2015.
16.D.3. Recommendation to approve three satisfactions of mortgage for the State Pg.393
Housing Initiatives Partnership loan program in the combined amount of
$56,000.
16.D.4. Recommendation to approve Second Amendment to the State Housing Pg.417
Initiatives Partnership Program Subrecipient Agreement with Centro
Campesino Farmworker Center,Inc.and to recognize a four month extension
of the expenditure deadline on Fiscal Year 2011/2012 granted from the
Florida Housing Finance Corporation.
16.D.5. Recommendation to authorize the County Attorney's Office to advertise an Pg.431
amendment to Ordinance No.89-11,as amended,removing"Key Island"
from the attached list of barrier islands to provide consistent enforcement of
activities on Key Island.
16.D.6. Recommendation to authorize the Collier County Public Library Staff to Pg.465
waive fines and fees under specific circumstances.
16.D.7. Recommendation to approve an agreement with the Physician Led Access Pg.476
Network to provide medical referral services for low-income residents in
Collier County.
16.D.8. Recommendation to approve an agreement with the Tax Collector and Pg.490
Property Appraiser to reimburse the Constitutional Officers for service
rendered for the collection of assessment for the Platt Road MSBU.
16.D.9. Recommendation to approve Third Amendment to the Home Investment Pg.500
Partnership Program Subrecipient Agreement with Community Assisted and
Supported Living,Inc.,for the Multi-Family Property Acquisition Project.
16.D.10. Recommendation to approve the use of the previous awarded Pg.508
Invitation to Bid 14-6278RR"Aquatic Maintenance Support Services"with
Tri-City Pools,Inc for budget approved capital and operating expenses.
16.E. ADMINISTRATIVE SERVICES DIVISION
16.E.1. Recommendation to accept the report referencing the sale,scrap and Pg.514
donation,and disbursement of funds associated with the County on-line
auctions held in November and December 2014 and approve the correction
of a minor Scrivener's error in the term of the award of Request for Proposal
14-6219 Full Service Auctioneer to Atkinson Realty and Auction,Inc.
16.E.2. Recommendation to approve additions,a deletion,and reclassifications to Pg.526
the 2015 Fiscal Year Pay and Classification Plan made from October 1,2014
through December 31,2014.
16.E.3. Recommendation to approve the Collier County Government Employee Pg.530
Benefit Plan Document,Dental Plan Document,Flexible Benefits Plan
Document and Health Reimbursement Arrangement Document effective
January 1,2015.
16.F. COUNTY MANAGER OPERATIONS
16.F.1. Recommendation to approve a report covering budget amendments Pg.766
impacting reserves and moving funds in an amount up to and including
$25,000 and$50,000,respectively.
16.F.2. Recommendation to adopt a resolution approving amendments Pg.769
(appropriating grants,donations,contributions or insurance proceeds)to
the Fiscal Year 2014-15 Adopted Budget.
16.F.3. Recommendation to adopt a Resolution to support House Speaker Steve Pg.772
Crisafulli's setting of funding film,television and entertainment incentives as
one of his legislative priorities;urging all Florida counties to join in this
initiative with no fiscal impact to Collier County.
16.F.4. Recommendation to award Invitation to Bid#15-6391 for Lake Aeration to Pg.779
Aquagenix as the lowest,qualified,responsive bidder.
16.F.5. Recommendation to approve an Agreement with the Southwest Florida Pg.816
Economic Development Alliance,Inc.("Alliance")to assist the Alliance in its
mission to market and attract new businesses to the region, in an annual
estimated amount of$100,000.
16.F.6. Recommendation to approve an Agreement with the Partnership for Collier's Pg.844
Future Economy,Inc.("PCFE")for specified economic development services,
consistent with the Board approved Economic Development Strategic Plan,at
no cost to the County.
16.G. AIRPORT AUTHORITY
16.G.1. Recommendation that the Board of County Commissioners,acting as the Pg.864
Collier County Airport Authority,approve a Budget Amendment from the
General Fund in order for the Airport Authority to satisfy a Final Judgment
for$274,212.21 (plus statutory interest)in the case of Quality Enterprises
USA,Inc.v.Collier County Airport Authority(Case No.12-4345 CA).
16.H. BOARD OF COUNTY COMMISSIONERS
16.H.1. Recommendation to reappoint members to the Library Advisory Board. Pg.869
16.H.2. Recommendation to reappoint a member to the Industrial Development Pg.883
Authority.
16.H.3. Recommendation to appoint members to the Pelican Bay Services Division Pg.891
Board.
16.H.4. Recommendation to appoint a member to Conservation Collier Land Pg.910
Acquisition Advisory Committee.
16.H.5. Commissioner Fiala requests Board approval for reimbursement regarding Pg.925
attendance at a function serving a Valid Public Purpose. Attended the U.S.
Coast Guard Auxiliary Flotilla 95 Change of Watch ceremony on January 11,
2015. The sum of$55 to be paid from Commissioner Fiala's travel budget.
16.1. MISCELLANEOUS CORRESPONDENCE
16.J. OTHER CONSTITUTIONAL OFFICERS
16.J.1. Request that the Board of County Commissioners approve the use of$15,000 Pg.929
from the Confiscated Trust Funds to support the State of Florida Prescription
Drug Monitoring Program.
16.J.2. Request that the Board of County Commissioners approve the use of$5,000 Pg.932
from the Confiscated Trust Funds to support the Hazelden Betty Ford
Foundation.
16.J.3. Request that the Board of County Commissioners approve the use of$10,000 Pg.936
from the Confiscated Trust Funds to support the Marco and Naples
Squadron(s)Civil Air Patrol.
16.J.4. Board declaration of expenditures serving a valid public purpose and Pg.941
approval of disbursements for the period of January 8 through January 14,
2015.
16.J.5. Board declaration of expenditures serving a valid public purpose and Pg.982
approval of disbursements for the period of January 15,2015 through
January 21,2015.
16.J.6. To provide the Board of County Commissioners the Clerk of the Circuit Pg.1022
Court's Office regarding Audit Report 2015-1 Library Department-Cash
Review issued on January 21,2015.
16.K. COUNTY ATTORNEY
17. SUMMARY AGENDA
This section is for advertised public hearings and must meet the following criteria: 1)A
recommendation for approval from staff;2)Unanimous recommendation for approval by
the Collier County Planning Commission or other authorizing agencies of all members
present and voting;3)No written or oral objections to the item received by staff,the Collier
County Planning Commission,other authorizing agencies or the Board,prior to the
commencement of the BCC meeting on which the items are scheduled to be heard;and 4)No
individuals are registered to speak in opposition to the item.For those items which are
quasi-judicial in nature,all participants must be sworn in.
17.A. Recommendation to adopt an Ordinance dissolving the Parklands Collier Pg.1024
Community Development District pursuant to Section 190.046(9),Florida Statutes.
17.B. This item requires that ex parte disclosure be provided by Commission members. Pg.1054
Should a hearing be held on this item,all participants are required to be sworn in.
Recommendation to approve an Ordinance amending Ordinance Number 2004-41,
as amended,the Collier County Land Development Code,which established the
comprehensive zoning regulations for the unincorporated area of Collier County,
Florida by amending the appropriate zoning atlas map or maps to change the zoning
classification of the herein described real property from a Residential Planned Unit
Development(RPUD)to a RPUD for a project to be known as the Warm Springs
RPUD to allow construction of a maximum of 400 residential dwelling units on
property located east of Collier Boulevard(C.R.951)and approximately one mile
south of Immokalee Road(C.R.846)in Section 26,Township 48 South,Range 26
East,Collier County,Florida,consisting of 114±acres;providing for the repeal of
Ordinance Number 05-21,formerly the Warm Springs RPUD;and by providing an
effective date [Petition PUDZ-A-PL20140000156] (Companion to Agenda Item
16.A.13).
17.C. Recommendation to adopt Ordinances approving staff-proposed 2011 Evaluation Pg.1099
and Appraisal Report-based amendments to the Collier County Growth Management
Plan,Ordinance 89-05,as amended,to fix glitches related to previous 2011 EAR-
Based amendments and revising for internal consistency,and furthermore
recommending transmittal of the adopted amendments to the Florida Department of
Economic Opportunity(Adoption Hearing).
17.D. Recommendation to adopt a resolution approving amendments(appropriating Pg. 1196
carry forward,transfers and supplemental revenue)to the Fiscal Year 2014-15
Adopted Budget.
17.E. Recommendation to adopt an amendment to the Collier County Litter,Weed,and Pg.1199
Exotics Control Ordinance(Ordinance No.2005-44,as amended)intended to define
and regulate the composting of organic materials on residential properties.
18. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to the
County Manager's Office at 252-8383.