Agenda 05/10/2011 Agenda Index
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 Traii East, 3" Floor
Naples FL 34112
May 10, 2011
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman
Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman
Georgia Hiller - BCC Commissioner, District 2
Tom Henning - BCC Commissioner, District 3
NOTICE: All persons wishing to speak on Agenda items must register prior to speaking.
Speakers must register with the Executive Manager to the BCC vrior 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 often 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 County Commissioners' Office.
Lunch Recess scheduled/or 12:00 Noon to 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Michael Bannon - Crossroads Community Church of Naples
2. AGENDA AND MINUTES
A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte
Disclosure provided by Commission members for consent and summary agenda.)
B. April 7, 2011 - BCC/Parks and Recreation Master Plan Community Meeting
C. April 12, 2011 - BCC/Regular Meeting
D. April 13, 2011 - BCC/Regular Meeting Carryover
3. SERVICE AWARDS
A. ADVISORY BOARD MEMBERS
1. 5 Year Attendees
a.
Kenneth Kelly, Collier County Code Enforcement Board and the Affordable
Housing Advisory Committee: Rick Medwedeff, Tourist Development Council:
Edward J. Olesky, Tourist Development Council: Sharon Kenny, Historic and
Archaeological Preservation Board: Lindsey J. Thomas, Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
Pg.1-1
2. 10 Year Attendees
a.
Robert M. Slebodnik, Lely Golf Estates Beautification Advisory Committee:
George C. Mohlke, Jr., Health Facilities Authority: N. Rex Ashley, Health
Facilities Authority.
Pg.2 - 2
4. PROCLAMATIONS
A. Proclamation designating May 25th as National Missing Children's Day. To be Pg.3 - 4
accepted by Amelia Vasquez, National Center for Missing & Exploited Children; Sgt.
Ken Becker, Collier County SheriIrs Office; Special Agent Tracy Maurer, Florida
Department of Law Enforcement; Chief Thomas Weschler, Naples Police Department;
Lt. Matt Fletcher, Naples Police Department; Captain John Adams, Naples Police
Department; Sgt. Dave Sugrue, Naples Police Department; and Jennifer Casciano,
Naples Police Department. Sponsored by Commissioner Henning.
B. Proclamation designating Mayas National Bike Month. To be accepted by Michelle Pg. 5 - 6
Avola, Executive Director, Naples Pathways Coalition. Sponsored by Commissioner
Hiller.
C. Proclamation designating May 2011 as Supervised Visitation Month. To be accepted Pg. 7 - B
by Gail Tunnock and Jackie Stephens from the Children's Advocacy Center, Lisa
Reddick and Linda Oberhaus from the Shelter for Abused Women & Children, and
Marcy Krumbine, Director of Housing, Human and Veteran Services. Sponsored by
Commissioner Coletta.
D. Proclamation designating May 21 through May 27,2011 as Safe Boating Week. To be Pg. 9 - 10
accepted by Andy Evva. Sponsored by Commissioner Coletta.
E. Proclamation designating May 2011 as Motorcycle Safety Awareness Month. To be Pg. 11- 12
accepted by Marie and Bill Ratcliff. Sponsored by Commissioner Coletta.
F. Proclamation designating May 14, 2011 as Mother Annie Mae Perry Day. To be Pg. 13 - 14
accepted by Frank Cummings and Vaughn Young. Sponsored by Commissioner Coyle.
G. Proclamation designating May 16 through May 22, 2011 as National Association of Pg. 15 - 16
Insurance Women International Week. To be accepted by Betty Curry. Sponsored by
Commissioner Hiller.
H. Proclamation designating May 16 through May 20, 2011 as SCORE Naples and Small Pg. 17 - 18
Business Development Center, National Small Business Week. To be accepted by
Chick Heithaus, George Ahearn, Dan Regelski, Suzanne Specht and Julio Estremeria.
Sponsored by Commissioner Hiller.
I. Proclamation designating May 15 through May 21, 2011 as Collier County Emergency Pg. 19 - 20
Medical Services Week. To be accepted by Jeff Page, Chief, Emergency Medical
Services. Sponsored by Commissioner Fiala.
J. Proclamation designating May 10, 2011 as Dr. Robert Boyd Tober Day. To be Pg. 21- 22
accepted by Dr. Robert Tober. Sponsored by Commissioner Coyle.
K. Proclamation designating May 15 through May 21, 2011 as Water Reuse Week. To be Pg. 23 - 24
accepted by Dr. George Yilmaz, Wastewater Department Director; Danette Huff,
Wastewater Reuse Manager; Dale Waller, Plant Manager North County Water
Reclamation Facility; Jon Pratt, Plant Manager, South County Water Reclamation
Facility; Paul Mattausch, Water Department Director; and Lisa Koehler,
Media/Outreach Specialist, Big Cypress Basin/South Florida Water Management
District. Sponsored by Commissioner Coletta.
L. Proclamation designating May 2011 as National Drug Court Month. To be accepted Pg. 25 - 26
by Judge Christine Greider and the Collier County Drug Court Team. Sponsored by
Commissioner Henning.
M. Proclamation designating May 6 through 12, 2011 as National Nurses Week. To be Pg. 27 - 28
accepted by representatives of the nursing profession. Sponsored by Commissioner
Coletta.
5. PRESENTATIONS
A.
Recommendation to recognize Jay Kim, Database Administrator, Information
Technology Department, as the Employee of the Month for April 2011.
Pg.29-31
B. Presentation by Corporal Sylee Gibson, Collier County Sheriffs Office, regarding the
home "makeover" that occurred at the residence of "Miss Amy" Atkins thanks to the
efforts of the SheriWs Office, Lowe's Home Improvement, Tropic Disposal, Thomas
Amendola General Contractors and several other dedicated and caring residents of
the community.
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
8. ADVERTISED PUBLIC HEARINGS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
9. BOARD OF COUNTY COMMISSIONERS
A.
Appointment of members to the Collier County Coastal Advisory Committee.
Pg. 32 - 60
B.
Appointment of member to the Black Affairs Advisory Board.
Pg.61-70
10. COUNTY MANAGER'S REPORT
A. Recommendation to award Invitation to Bid #11-5652 MarGood Harbor Park in the Pg. 71 - 179
amount of $1,119,823.52 to Brooks and Freund, LLC for park improvements. (Vicky
Ahmad, Project Manager, Parks and Recreation Department)
B. Recommendation to award a construction contract in the amount of $25,935,470.53 Pg. 180 - 437
to Mitchell & Stark Construction Corporation and reserve $3,315,000 on the purchase
orderfor funding allowances, for a total of $29,250,470.53 for ITB No. 10-5342 _ "SR
84 (Davis Blvd) Radio Road to Collier Blvd; SR/CR 951 Intersection improvements;
Collier Blvd (SR/CR 951) North to Magnolia Pond Drive; and CR 951 (Collier Blvd)
North to the E Golden Gate Canal", Project No. 60073 and Project No. 60092. (Marlene
Messam, P.E., Sr. Project Manager, TECM)
C. This item to be heard at 11:00 a.m. Recommendation to consider the request by the Pg. 438 - 477
Economic Development Council of Collier County to provide a Job Creation and Fast
Track incentive package (creation of15 full-time jobs at 131 % ofthe current Collier
County private-sector average wage) to Collier Scrap Metal Recycling, Inc. and
approve the incentives in accordance with Florida Statute Section 125.045 for the
proposed project to be located at 2011 Seward Avenue (Fiscal Impact: $30,000)
(David Jackson, Executive Director, Economic and Business Development and
Tammie Nemecek, President, Economic Development Council)
D. Request for authorization to advertise and bring back for future consideration an Pg. 478 - 487
amendment to Ordinance No. 2001-13, as amended, the Collier County Consolidated
Impact Fee Ordinance, which would modify provisions related to the annual
payments required to obtain and maintain a Certificate of Public Facility Adequacy.
(Amy Patterson, Impact Fee and Economic Development Manager, Growth
Management Division)
E.
Recommendation that the Board approve a Change Order to facilitate Staffs
continued efforts to complete the 1-75 Interchange Justification Report (IJR). (Fiscal
Impact $125,110) (Nick Casalanguida, Deputy Administrator, Growth Management)
Pg. 488 - 501
11. COUNTY ATTORNEY'S REPORT
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
14. PUBLIC COMMENTS ON GENERAL TOPICS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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.
A. GROWTH MANAGEMENT DIVISION
1. Recommendation to approve final acceptance of the water utility facility for Pg. 502 - 507
Cascada at Fiddler's Creek and to authorize the Couuty Manager, or his
designee, to release any Utilities Performance Security to the Project Engineer
or the Developer's designated agent.
2. Recommendation to approve final acceptance of the water utility facility for Pg. 508 - 513
Marquesa Royale at Tiburon and to authorize the County Manager, or his
designee, to release any Utilities Performance Security to the Project Engineer
or the Developer's designated agent.
3. Recommendation to approve final acceptance of the water utility facility for Pg. 514 - 519
Legacy at Lely Resort, 6450 Legacy Circle, and to authorize the County Manager,
or his designee, to release any Utilities Performance Security to the Project
Engineer or the Developer's designated agent.
4. Recommendation to award Bid #10-5520 to "Motorola Central Control Pg. 520 - 529
Irrigation Supplies and Services" to Ag-Tronix, Inc. The annual expenditures
are estimated to be $75,000.
5. Recommendation to adopt a resolution and to quitclaim to the Florida Pg. 530 - 539
Department of Transportation compensating turn lane right-of-way on Davis
Boulevard (SR-84) east of the entrance to Madison Park. (Fiscal Impact: None)
6. Recommendation to approve the release of lien in the Code Enforcement Action Pg. 540 - 543
entitled Board of County Commissioners vs. Susan B. Williams, Code
Enforcement Board Case No. 2007060820, relating to property located at 1705
Tarpon Bay Drive S., Collier County, Florida.
7. Recommendation to approve a Resolution to petition Governor Scott to extend Pg. 544 - 549
the "Rural Area of Critical Economic Concern" designation awarded to Florida's
Heartland Regional Economic Development Initiative, Inc. Region another 5-
years and to keep the Community of Immokalee within the South Central Rural
Area of Critical Economic Concern designation. This item is being placed on the
agenda at the request of the Economic Development Council of Collier County.
8. Recommendation to approve a purchase agreement for the purchase of right- Pg. 550 - 569
of-way required for the construction of Oil Well Road and terminate the
agreement with the former owner. Project No. 60044. (Fiscal Impact: $30,600)
9. Recommendation to approve a Work Order under Contract #09-5262 with Pg. 570 - 585
Agnoli, Barber and Brundage Inc. (" ABB, Inc. "), to provide professional
engineering services related to design, bidding assistance, and construction
services of the Wing South Airpark Channels portion of the Lely Area
Stormwater Improvement Project (LASIP) in the amount of$199,922, Project
#51101.
10. Recommendation to declare a valid public emergency and direct the County Pg. 586 - 593
Manager or designee to proceed with are-evaluation of the FEMA-designated
floodplain using the 2010 LiDAR and approve all necessary budget
amendments. (Fiscal impact $400,250)
B. COMMUNITY REDEVELOPMENT AGENCY
1.
Recommendation that the Community Redevelopment Agency approve an
Event Grant Agreement between the CRA and Bayshore CAPA Center, Inc. to
support the 2012 "Bayshore Festival of the Arts" event at Sugden Regional
Park; approve a grant of up to $15,000 from the Bayshore Gateway Triangle
Trust Fund (Fund 187) FY12 Marketing & Promotions budget to fund certain
event costs, and declare that the grant and event serves a valid public purpose.
Fiscal Impact Fund 187: $15,000.
Pg. 594 - 613
C. PUBLIC UTILITIES DIVISION
1. Recommendation to approve a Florida Department of Environmental Pg. 614 - 626
Protection Certification of Financial Responsibility Form for the South County
Regional Water Treatment Plant Injection Well, IW-2.
2. Recommendation to authorize a one-time exception to Ordinance No. 2005-54, Pg. 627 - 631
for nine properties located within Courtside Commons of Wynd em ere,
pertaining to the annual Solid Waste Collection and Disposal Services Special
Assessment for the collection, disposal, and administration of municipal solid
waste due to a billing error, and to direct the County Manager or his designee to
take all actions necessary to implement the exception.
D. PUBLIC SERVICES DIVISION
1.
Recommendation to approve attached budget amendment enabling
Pg. 632 - 642
expenditure of$204,627 State Aid to Libraries Grant awarded Collier County
Public Library.
2. Recommendation to approve an agreement with the District School Board of Pg. 643 - 64B
Collier County for transporting school-age recreation program participants at
an estimated cost of $52,000.
3. Recommendation to approve and authorize the Chairman to sign an Agreement Pg. 649 - 661
with the Collier County SheriWs Office to participate with the operation of the
Criminal Justice, Mental Health and Substance Ahuse Reinvestment Grant.
Funding has been provided through Memorandum of Understanding #LHZ25
from the Florida Department of Children and Families.
4. Recommendation to approve and authorize the Chairman to sign a modification Pg. 662 - 725
to Disaster Recovery Initiative Agreement #08DB-D3-09-21-01-A03 between
the Florida Department of Community Affairs and Collier County. This
modification will extend the grant period.
5. Public notice of intent to consider final disposition of Neighborhood Pg. 726 - 729
Stabilization Program residential properties, consistent with the requirements
of Collier County Ordinance No. 2009-63 and !i125.35(3), Florida Statutes.
6. Recommendation to approve and authorize the Chairman to sign a U.S. Housing Pg. 730 - 761
and Urban Development (HUD) Community Development Block Grant-
Recovery (CDBG-R) Agreement providing American Recovery and
Reinvestment Act (ARRA) funds to Big Cypress Housing Corporation(BCHC) for
$467,788 to provide energy improvements at Main Street Village (MSV) and
Eden Gardens Apartments in Immokalee, FL.
E. ADMINISTRATIVE SERVICES DIVISION
1. Recommendation to approve and authorize the Chairman to sign the Pg. 762 - 821
Assumption Agreement from R.W. Beck, Inc. to SAIC Energy, Environment &
Infrastructure, LLC for Engineering Technical Support and Financial Consulting
Services for Solid Waste.
2. Recommendation to recognize and appropriate revenues for specialty facility Pg. 822 - 824
maintenance services in the amount of $106,594.03 to the Facilities
Management Department cost center and approve all necessary Fiscal Year
2011 budget amendments.
3. Recommendation to accept a bronze bust offormer County Manager James V. Pg. 825 - 827
Mudd from Abbas Asli (landlord of the former Property Appraiser's office
building) for placement in the James V. Mudd Emergency Services Center.
4. Recommendation to approve, and authorize the Chairman to sign, Gopher Pg. 828 - 842
Tortoise Short-Term Protected Recipient Site Permit Number GTSR-II-00003,
the Conservation Collier Caracara Prairie Preserve Gopher Tortoise Recipient
Site Policy Resolution, and the Interlocal Agreement between Collier County
and Corkscrew Regional Ecosystem Watershed Land and Water Trust.
5.
Recommendation to reject vendor quotes for Invitation to Bid (ITB) 11-5629
Background Checks New Hires and Vehicle for Hire Owners and Drivers and to
approve outstanding payment of three invoices to Sterling Info Systems, Inc
totaling $6,374.82.
6.
Recommendation to accept reports and ratify staff-approved change orders
and changes to work orders.
F. COUNTY MANAGER OPERATIONS
Pg. 843 - 874
Pg. 875 - 906
1. Recommendation to approve a Memorandum of Understanding between Collier Pg. 907 - 913
County and Hodges University in support of Emergency Management activities
related to natural and manmade hazards emergency response.
G. AIRPORT AUTHORITY
H. BOARD OF COUNTY COMMISSIONERS
1.
Proclamation designating May 10, 2011 as Conservancy of Southwest Florida
"Saving Southwest Florida" Campaign Celebration Day. To be presented at the
Conservancy of Southwest Florida event May 10, 2011 by Kristi Bartlett.
Sponsored by Commissioner Coyle.
I. MISCELLANEOUS CORRESPONDENCE
1.
Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
Pg. 914 - 915
Pg. 916 - 917
1. To obtain Board approval for disbursements for the period of April 9, 2011 Pg. 918 - 933
through April 15, 2011 and for submission into the official records of the Board.
2. To obtain Board approval for disbursements for the period of April 16, 2011 Pg. 934 - 945
through April 22, 2011 and for submission into the official records of the Board.
3. To present to the Board of County Commissioners the State Revenue Sharing Pg. 946 - 950
Application for Fiscal Year 2011-2012 and to obtain approval for the Chairman
to sign the application.
K. COUNTY ATTORNEY
1.
Recommendation to Approve a Stipulated Final Judgment in the Amount of
$297,500 for the Acquisition of Parcel 111 in the Lawsuit Styled Collier County
v. NB Holdings Corporation, et a\., Case No. 06-0658-CA (Santa Barbara
Boulevard Project No. 62081). (Fiscal Impact: $314,737)
2.
Authorize the making of an Offer of Judgment to Respondent, National City
Mortgage Company, for Parcel No.'s 162FEE and 162TCE in the amount of
$14,500 in the lawsuit styled Collier County v. Tania Cantin, Sr., et al., Case No.
Pg. 951- 961
Pg. 962 - 967
10-2646-CA (Collier Boulevard Project No. 68056) (Fiscal Impact $2,400).
3.
Authorize the making of an Offer of Judgment to Respondent, Annette pocchi,
for Parcel No.'s 105FEE and 105TCE in the amount of$25,000 in the lawsuit
styled Collier County v. Annette Pocchi, et a\., Case No. 10-2682-CA (Collier
Boulevard Project No. 68056) (Fiscal Impact $4,200).
4.
Recommendation to approve a Stipulated Final Judgment in the amount of
$4,200 for Parcel 145RDUE in the lawsuit styled Collier County v. Lamartine
Petit Monsieur., et al., Case No. 10-2681-CA (Collier Boulevard Project No.
68056) (Fiscal Impact $700)
5.
Recommendation to approve and authorize the Chairman to execute the
attached Settlement Agreement and Mutual Release with Surety Construction
to recover damages incurred by the County as a result of contracted work for
the repair to the Pollution Control Laboratory in Building "H" 3rd Floor in the
amount of $88,559.49.
6.
Recommendation to approve a Stipulated Final Judgment for Parcel Nos.
112RDUE and 112TCE in the amount of $356,263 in the lawsuit styled Collier
County v. Kaye Homes, Inc., et a\., Case No. 10-2680-CA (Collier Boulevard
Project No. 68056) (Fiscal Impact $66,963).
17. SUMMARY AGENDA
This section is for advertised public hearings and must meet the following criteria: 1) A
recommendation for approval from staffi 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 ohjections to the item received hy 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.
A.
Recommendation to adopt an ordinance which would amend the Collier County
Ethics Ordinance (Ordinance No. 03-53, as amended), to provide the opportunity for
Commissioners to attend charitable functions and pay for only the actual cost to
attend the event.
B.
Recommendation to adopt an Ordinance amending Ordinance No. 76-48, as amended,
which regulates the use of County parks, by eliminating the prohibition against the
possession, transport, or discharge of a firearm as such regulatory authority has been
preempted by Section 790.33(1), Florida Statutes.
c.
Recommendation to adopt an Ordinance amending Ordinance No. 1975-16, as
amended, relating to the placement and presentation of matters on the official
agenda.
18. ADJOURN
Inquiries concerning changes to the Board's Agenda should be made to the
County Manager's Office at 252-8383.
Pg. 968 - 973
Pg. 974 - 980
Pg. 9Bl - 986
Pg. 987 - 1008
Pg. 1009-
1033
Pg.I034 -
1042
Pg. 1043 -
1049