Agenda 09/25/2012 Item #17C Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Request to hear Item 10A immediately before Item 14A1. (Commissioner Hiller's request)
Add Item 10K: Consideration of impending vacancy on the Collier County Planning Commission for District 5
representative. (Commissioner Coletta's request)
Withdraw Item 11D: This is a quasi judicial hearing.This item requires that ex parte disclosure be
provided by Commission members and all participants are required to be sworn in. Recommendation to hear
testimony from American Medical Transport and the public to determine the need for an additional Class 2
post-hospital inter-facility transport ambulance transfer service in Collier County. (Applicant's request)
Withdraw Item 11E: Recommendation to approve the Site Improvement Plan and authorize the Chair to
sign the Compliance Agreement for Star Mobile Home Park located at 1507 Immokalee Drive,Immokalee,
Florida. (Staffs request on behalf of property owner)
Move Item 16A7 to Item 11J: Recommendation to accept a schedule to review past staff clarifications of the Land
Development Code(LDC)and to accept specific Staff Clarifications attached to this Executive Summary.
(Commissioner Hiller's request)
Add Item 11K: Recommendation to continue the Fiscal Year 2012 Pay and Classification Plan for the Board of
County Commissioners and Office of the County Attorney into Fiscal Year 2013,allowing for final revisions to the
proposed Fiscal Year 2013 plan which will be brought forward for consideration at the Board meeting of October 9,
2012. (Staff's request)
Withdraw Item 16C1: Recommendation to approve a time and materials contract with Agnoli Barber&Brundage
in the not-to-exceed amount of$243,631 for Request for Proposal No. 12-5883, "Master Pumping Station 312
Professional Services During Construction," Project Number 72549. (Staff's request pending resolution of a bid
protest)
Continue Item 16D5 to the October 9,2012 BCC Meeting: Recommendation to accept the Conservation Collier
Annual Report. (Staffs request)
Continue Item 16D6 to the October 9,2012 BCC Meeting: Recommendation to approve and authorize the
Chairman to execute a Resolution repealing Resolution No.2009-296 and a Resolution establishing a revised
Collier County Public Library Fees and Fines Schedule. (Staffs request)
Move Item 16D9 to Item 11L: Recommendation to comply with a Housing and Urban Development(HUD)
payback disbursement directive of federal funds in the amount of$500,000 for a Community Development Block
Grant(CDBG)project subawarded to Habitat for Humanity(HFH)and authorize any necessary budget
amendments. (Commissioner Hiller's request)
Withdraw Item 16G1: Recommendation to approve a License Agreement with United Circus Operating Co.,Inc.
d/b/a The Kings Bros Circus at the Immokalee Airport for a one(1)day circus event. (Staff's request)
Proposed Agenda Changes
Board of County Commissioners Meeting
September 25,2012
Page 2
Withdraw Item 17C:Recommendation to adopt proposed changes to
Ordinance No. 91-65, of the Affordable Housing Advisory Committee
Ordinance to incorporate statutory requirements and otherwise
clarify terms. (Staffs request)
Note:
Item 16D2: The second sentence in the Considerations section of the Executive Summary should read: "Per
Florida Statutes subsection 39.304(5),the parents,legal guardians,or legal custodians are required to reimburse the
County for the costs of such initial allowable examinations". (Staff's request)
Time Certain Items:
Item 9B to be heard at 5:05 p.m. (Bayshore Triangle CRA Amendments and Wellfield and related Amendments)
Item 101 to be heard at 1:05 p.m.
Item 11C to be heard at 10:00 a.m.
Item 12A to be heard at 11:30 a.m.
Item 12B to be heard at 12:00 noon in a Closed Session
Item 12C to be heard at 1:00 p.m. in an Open Session
9/25/2012 9:39 AM
9/25/2012 Item 17.C.
EXECUTIVE SUMMARY
Recommendation to adopt proposed changes to Ordinance No. 91-65, of the Affordable Housing
Advisory Committee Ordinance to incorporate statuory requirements and otherwise clarify terms.
OBJECTIVE: To adopt proposed changes to Ordinance No. 91-65.
CONSIDERATIONS: On July 24, 2012, Agenda Item 16.D.3, the Board of County Commissioners
(Board) authorized staff to advertise changes to the Affordable Housing Advisory Committee (AHAC)
Ordinance No. 91-65.
Staff and the AHAC reviewed the ordinance at the Board's direction. A subcommittee of the AHAC
reviewed the current ordinance as contained in Chapter 2, Article VIII, Division 9, of the Collier County
Code of Laws and Ordinances.
Following review and discussion,the subcommittee recommended the following amendments:
• Amend functions,powers,and duties:
o Remove reference to linkage and inclusionary zoning
o Add language to direct the Committee to proactively investigate strategy,policy,method,
and best practice recommendations relating to affordable housing that are consistent with
the Growth Management Plan
• Amend duties of department heads:
o Update responsible depaituient to reflect current name
Replace reference to Growth Management Plan with general phrase "affordable housing activities"
The aforementioned amendments were presented to the full membership of the Affordable Housing
Advisory Committee on February 21,2012 and were approved unanimously.
After the Board authorized staff to advertise the ordinance amendment, the State Technical
Advisor provided staff with additional changes. The below bolded text is the additional
language.
Sec. 2-973.-Duties of department heads.
The duties of the housing and human services Housing, Human and Veteran Services Director,
Growth Management Division Administrator, and the Naples Community Development
Director, or their designees, shall-be:
(1) T-e a-Administer the activities of the affordable housing advisory committee in accordance
with established policies of the Board of County Commissioners and the Naples City Council
and guidelines adopted by the board and the council.
(2) T-e p-Provide periodic written reports to the Committee, the county administrator, the city
manager, the Naples City Council and the Board of County Commissioners on the growth
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9/25/2012 Item 17.C.
management plan affordable housing incentives as required by Section 420.9076, Florida
Statutes of each jurisdiction.
(3) To attend all committee meetings.
All changes have been incorporated into the advertised ordinance.
FISCAL IMPACT: The cost of advertising the amending Ordinance was $130.38 paid from the
SHIP 191 Fund, project 44209.
LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote.—JBW
GROWTH MANAGEMENT IMPACT: No Growth Management Impact is associated with this action.
RECOMMENDATION: That the Board adopts the proposed changes to the Affordable Housing
Advisory Committee Ordinance (Ordinance No. 91-65) and authorize the chairman to sign the
adopted ordinance.
Prepared By: Priscilla Doria, Grants Coordinator; Housing,Human, and Veteran Service
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9/25/2012 Item 17.C.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.C.
Item Summary: Recommendation to adopt proposed changes to Ordinance No. 91-65, of
the Affordable Housing Advisory Committee Ordinance to incorporate statuory requirements
and otherwise clarify terms.
Meeting Date: 9/25/2012
Prepared By
Name: DoriaPriscilla
Title: SHIP Loan Processor,Housing,Human&Veteran Servi
8/23/2012 10:43:46 AM
Submitted by
Title: SHIP Loan Processor,Housing,Human&Veteran Servi
Name: DoriaPriscilla
8/23/2012 10:43:47 AM
Approved By
Name: SonntagKristi
Date: 9/7/2012 11:14:26 AM
Name:AlonsoHailey
Title: Operations Analyst,Public Service Division
Date: 9/12/2012 1:04:36 PM
Name: GrantKimberley
Title: Interim Director,HHVS
Date: 9/13/2012 3:06:23 PM
Name: AckermanMaria
Title: Senior Accountant, Grants
Date: 9/13/2012 4:34:27 PM
Name: WhiteJennifer
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9/25/2012 Item 17.C.
Title: Assistant County Attorney,County Attorney
Date: 9/13/2012 4:58:30 PM
Name: CarnellSteve
Title: Director-Purchasing/General Services,Purchasing
Date: 9/14/2012 7:56:54 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/14/2012 10:18:54 AM
Name: PryorCheryl
Title: Management/Budget Analyst, Senior,Office of Management&Budget
Date: 9/14/2012 3:34:44 PM
Name: OchsLeo
Title: County Manager
Date: 9/15/2012 3:24:39 PM
•
ooki-
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9/25/2012 Item 17.C.
ORDINANCE NO.2012 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 91-65,
AS PREVIOUSLY AMENDED AND CODIFIED AS CHAPTER 2,
ARTICLE VIII, DIVISION 9 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE
HOUSING ADVISORY COMMITTEE, BY AMENDING THE
FUNCTIONS, POWERS, AND DUTIES; TO REFERENCE CERTAIN
DUTIES SET FORTH IN 420.9076(4), FLORIDA STATUTES; AND BY
AMENDING DUTIES OF DEPARTMENT HEADS TO CORRECTLY
REFERENCE THE RESPONSIBLE DEPARTMENT NAMES AND
REPLACE REFERENCE TO "GROWTH MANAGEMENT PLAN" WITH
"AFFORDABLE HOUSING INCENTIVES"; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on July 23, 1991, the Board of County Commissioner adopted Ordinance
No. 91-65, establishing the Collier County Affordable Housing Committee ("Committee");
codified as Chapter 2, Article VIII, Division 9, of the Code of Laws and Ordinances of Collier
County, Florida, which Ordinance subsequently was amended by Ordinance Nos. 04-77, 05-69,
and 08-17;
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 92-
18, as previously amended, in order to update Section 2-972, "Functions, powers, and duties,"
and Section 2-973, "Duties of department heads,"to reflect the current nature of the Committee
and reference certain provisions of Section 420.9076, Florida Statutes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE: AMENDMENT TO SECTION 2-972, "FUNCTIONS, POWERS,
AND DUTIES," OF ORDINANCE NO. 91-65, AS AMENDED.
Section 2-972 is hereby amended as follows:
Sec.2-972. -Functions, powers and duties.
The functions, powers and duties of the Affordable Housing Advisory Committee shall be as
follows:
Underlined text is added;Struck through text is deleted
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9/25/2012 Item 17.C.
(1) The Committee shall monitor and advise the Board of County Commissioners and the
City Council regarding the goals, objectives, and policies of the county's housing element in the
county's growth management plan and the city's comprehensive plan, and any other program,
means, or directives which would assist or encourage the provision of affordable housing in
Collier County and its municipalities.
(2) The Committee shall proactively investigate a plan for any linkage and inclusionary
zoning strategy, policy, method, and best practice recommendations consistent with the housing
element of the Growth Management Plan of Collier County.
(3) The Committee shall review and determine the effect of proposed ordinances on
affordable housing and make recommendations to the Board of County Commissioners and the
Naples City Council, as appropriate.
(4) The Committee shall review and comment on the county's federal entitlement grant
programs,policies, and proposals.
(5) The Committee shall conduct a review, and prepare and submit a report, at such times
and in such manner as set forth in Section 420.9076(4), Florida Statutes, as may be amended
from time to time.
(5) f The Committee shall investigate any other relevant areas so directed by the Board of
County Commissioners.
SECTION TWO: AMENDMENT TO SECTION 2-973, "DUTIES OF DEPARTMENT
HEADS," OF ORDINANCE NO. 91-65,AS AMENDED.
Section 2-973 is hereby amended as follows:
Sec. 2-973. - Duties of department heads.
The duties of the director of housing and human services Housing, Human and Veteran Services
Director, Growth Management Division Administrator and the Naples Community Development
Director,or their designees, shall-be:
(1) To aAdminister the activities of the affordable housing advisory committee in accordance
with established policies of the Board of County Commissioners and the Naples City Council
and guidelines adopted by the board and the council.
(2) To pProvide periodic written reports to the Committee, the county administrator, the city
manager, the Naples City Council and the Board of County Commissioners on the growth
management plan affordable housing incentives as required by Section 420.9076, Florida
Statutes of each jurisdiction.
(3) To attend all committee meetings.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
Agtot
Underlined text is added;Stn{sk-thr-ottgh text is deleted
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9/25/2012 Item 17.C.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or
re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FIVE: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this day of , 2012.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk FRED W. COYLE, CHAIRMAN
Approval as to form and
legal sufficiency:
Jenn�er B. White
Assistant County Attorney
Underlined text is added;Struck through text is deleted
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9/25/2012 Item 17.C.
•
26D )) Wednesday, September 12,2012 ) NAPLES DAILY NEWS
NOTICE OF INTENT TO CONSIDER ORDINANCE •
Notice is hereby given that on Tuesday,September 25,2012,in the Boardroom,3rd
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the
enactment of a County Ordinance. The meeting will commence at 9:00.A.M. The
title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF.COUNTY COMMISSIONERS OF COWER'
COUNTY,FLORIDA;AMENDING ORDINANCE NO.91-65,AS PREVIOUSLY AMENDED
AND CODIFIED AS CHAPTER 2,ARTICLE VIII,DIVISION 9 OF THE COWER COUNTY
CODE OF LAWS AND ORDINANCES, PERTAINING TO THE AFFORDABLE HOUSING
ADVISORY COMMITTEE, BY AMENDING THE FUNCTIONS, POWERS, AND DUTIES;
TO REFERENCE CERTAIN DUTIES SET FORTH IN 420.9076(4), FLORIDA STATUTES;
AND BY AMENDING DUTIES OF DEPARTMENT HEADS TO CORRECTLY REFERENCE
THE RESPONSIBLE DEPARTMENT NAMES AND REPLACE REFERENCE TO"GROWTH
MANAGEMENT PLAN" WITH "AFFORDABLE HOUSING INCENTIVES"; PROVIDING
FOR CONFLICT.AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF •
LAWS-AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register, with the
County administrator prior to presentation•of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item..
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective orOirrm
public hearing. :In any case, written,materials intended to be considered yb the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides.to.appeal a decision of the Board will need a record of the
proceedings 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 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,.to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in.the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA , •
FRED COYLE,CHAIRMAN
DWIGHT E.BROCK,CLERK •
By: Martha Vergara,Deputy Clerk
(SEAL) •
September 12.2012 No 1960439
•
•
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