Recap 06/14-15/2011 R
(Revised with complete Board action on Item #10E on 06/23/2011)
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
June 14-15,2011
9:00 A.M.
Fred W. Coyle, BCC Chairman; Commissioner, District 4
Jim Coletta, BCC Vice-Chairman; Commissioner, District 5; CRAB Chair
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 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
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June 14-15,2011
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 IMP AIRED ARE A V AILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Sammy Mosquera - United Pentecostal Church
Absent - Given by County Manager, Leo Ochs
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.)
Approved and/or Adopted with changes - 5/0
B. May 10, 2011 - BCC/Regular Meeting
Approved as presented - 5/0
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June 14-15,2011
C. May 25,2011 - BCC/Collier County School Board Joint Meeting
Approved as presented - 5/0
3. SERVICE AWARDS
4. PROCLAMATIONS
A. Proclamation designating June 14, 2011 as Youth Leadership Collier
Day. To be accepted by Bob Sandy, Joan Cox, and Michael Giusto and 38
students from the 2011 Youth Leadership Collier Class. Sponsored by
Commissioner Coyle.
Adopted - 5/0
5. PRESENTATIONS
A. Presentation by Tricia Dom, Key Account Executive of LCEC (Lee
County Electric), presenting an equity payout of $20,168.08 to the Board of
County Commissioners.
Presented
B. Presentation of the Collier County Business of the Month award to
Yamron Jewelers. Accepting the award will be Ursula Pfahl, Chief
Operating Officer of Yamron Jewelers.
Presented
C. Recommendation to recognize Gary Kessler, Program Leader, Parks
and Recreation Department, as the Employee of the Month for May 2011.
Presented
6. PUBLIC PETITIONS
A. Public Petition request from Mr. Dale Johnson, Chairman of the Radio
Road East of Santa Barbara to Davis Boulevard MSTU Advisory Board,
requesting that the Board of County Commissioners support the advisory
committee's effort in obtaining financing to allow construction of the
landscaping beautification project to begin sooner.
Motion to bring back as a referendum resolution - Approved 5/0; Staff
to prepare a process for use in the future
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June 14-15,2011
B. Public Petition request from Mr. Robert D. Pritt representing the
Barefoot Beach Club Condominium Owners Association, requesting that the
Board of County Commissioners direct staff to work with the petitioner on a
plan for modest trimming of mangroves
Motion to bring back and the petitioner to work with staff and the
Conservancy to come to a resolution and get required permits -
Approved 4/0 (Commissioner Coletta absent)
C. Public Petition request from Bethesda Corkscrew Seventh Day
Adventist Church requesting that their conditional use permit be reinstated.
Motion for the petitioner to work with staff and County Attorney's
Office to come to a resolution regarding reinstating the permit -
Approved 5/0
D. Public Petition request from Mr. Frank Oakes expressing his concerns
regarding the use of fluoride in County water.
Motion for staff to research scientifically reported pros and cons
regarding fluoride in water and bring back at a future BCC Meeting -
Approved 5/0
Item 7 to be heard no sooner than 1 :00 pm unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
Moved from Item #17 A (Per Agenda Change Sheet)
A. This item requires that ex parte disclosure be provided bv
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. PUDZ-2007-AR-12292: Cope
Reserve RPUD -- An ordinance amending Ordinance Number 2004-41, the
Collier County Land Development Code, which includes the comprehensive
zoning regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps; by changing the zoning
classification of the herein described real property from the Estates (E)
Zoning District to the Residential Planned Unit Development (RPUD)
Zoning District for a project to be known as the Cope Reserve RPUD. The
project proposes a total of 43 single-family detached dwelling units in
Section 8, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 14.3:l: acres; and by providing an effective date.
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June 14-15,2011
Motion to continue this item to the 2nd meeting in September-
Approved 5/0
Moved from Item #17G (Per Agenda Change Sheet)
B. Recommendation to adopt an ordinance amending Chapter 49 of the
Collier County Code of Laws and Ordinances, relating to economic
development, which will establish additional criteria to be evaluated (I)
when there is a request to lessen or waive certain requirements in existing
economic development ordinances and programs, and (2) when there is an
application seeking grants and/or other incentives which fall outside existing
economic development ordinances and programs.
Motion to continue indefinitely (During agenda changes) - Approved
5/0
9. BOARD OF COUNTY COMMISSIONERS
Wednesday. June 15.2011
A. Advisory Board Vacancies as advertised in the Press Release May 26,
2011.
Presented report on vacancies
B. This item to be heard at 9:45 a.m. The Black Affairs Advisory
Board will report to the Board of County Commissioners on the recent
outreach meeting and public comments received from the meeting.
Presented and discussed
C. This item to be heard immediately followinl!: Item #9B.
Recommendation that the Board of County Commissioners approve the
2011 Finance Subcommittee Report of the Affordable Housing Advisory
Committee as assigned previously by the Board.
Motion to accept report and proceed as outlined in the Executive
Summary - Approved 5/0
Wednesday. June 15.2011
D. The annual performance appraisal for the Executive Manager to the
Board of County Commissioners.
Motion to approve the Executive Manager's Evaluation, to bring back
information regarding merit pay and raises after the Budget Hearings -
Approved 4/0 (Commissioner Coletta absent); Commissioner Coyle
offered to take the 30/0 from his travel budget so there are no issues for
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June 14-15,2011
funding, if approved by the Board
Wednesday. June 15.2011
E. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, expressing opposition to
provisions in Senate Bill 550 passed in 2010 requiring statewide septic tank
inspections. (Commissioner Henning)
Resolution 2011-103 Adopted - 5/0
F. This item to be heard at 1:05 p.m. To direct the County Attorney to
draft a resolution calling for the placement of a referendum on the Spring
2012 Presidential Primary ballot that authorizes the Board of County
Commissioners to grant ad valorem tax exemptions to qualifying businesses
within Collier County as an incentive for encouraging capital investment and
job growth, as required by Sec. 196.1995 F.S. and the Florida Constitution.
(Commissioner Hiller)
Motion to approved - Denied (Commissioner Henning, Commissioner
Coyle and Commissioner Coletta opposed); Motion to continue this item
until the EDC brings back recommendations and specifics on the
program - Approved 5/0
Wednesday. June 15.2011
G. Appointment of member to the Radio Road Beautification MSTU
Advisory Committee.
Resolution 2011-104 Appointing Jerry Parillo - Adopted 5/0
10. COUNTY MANAGER'S REPORT
Wednesday. June 15.2011
A. Recommendation to approve a Sixth Amendment to the Landfill
Operating Agreement to extend the Disposal Capacity Agreement with the
Okeechobee Landfill, Inc., a Florida Corporation (a subsidiary of Waste
Management Inc., of Florida), for a term often years with successive ten
year extension options, thereby providing the County with additional
disposal capacity of 960,000 tons of solid waste and the ability to divert
debris generated by a disaster. (Dan Rodriguez, Solid Waste Director)
Approved - 5/0
B. This item to be heard at 10:45 a.m. Recommendation that the
Board of County Commissioners direct the County Manager or designee to
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June 14-15,2011
develop a fertilizer ordinance. (Mac Hatcher, Sr. Environmental Specialist,
Growth Management DivisionIPlanning & Regulation)
Commissioner Coletta made a motion to adopt State Model Ordinance -
Not considered without a 2nd to the motion; Motion to adopt the State
Model with stricter restrictions on specific nutrients, staff to monitor
water quality and changes, and to bring back this item with staff
recommendations (in accordance with law) - Approved 4/1
(Commissioner Coletta opposed)
C. Recommendation to award a construction contract in the amount of
$25,935,470.53 to Astaldi Construction Corporation and reserve $3,315,000
on the purchase order for funding allowances, for a total of $28,220,238.93
for ITB No. 10-5342 - "SR 84 (Davis Boulevard) Radio Road to Collier
Boulevard; SR/CR 951 Intersection improvements; Collier Boulevard
(SR/CR 951) North to Magnolia Pond Drive; and CR 951 (Collier
Boulevard) North to the E. Golden Gate Canal", Project No. 60073 and
Project No. 60092. (Nick Casalanguida, Growth Management Deputy
Administrator)
Approved - 3/2 (Commissioner Coyle and Commissioner Hiller
opposed); Motion made to continue this meeting to Wednesday, June
15,2011 at 9 a.m.
Wednesday. June 15.2011
D. This item to be heard at 10:00 a.m. Wednesday. June 15.2011.
Recommendation to award Contract #10-5572 for Wiggins Pass Channel
Straightening - Design and Permitting to Coastal Planning and Engineering
(CP&E) and authorize the Chairman to execute the standard contract after
County Attorney approval in the amount of $177,489 . (Gary McAlpin,
Coastal Zone Management Director)
Approved - 5/0
Wednesday. June 15.2011
E. This item to be heard at 9:00 a.m. Wednesday. June 15.2011.
Recommendation to endorse the recommendation of the Clam Bay work
group and the Coastal Advisory Committee on the marking of Clam
Pass/Bay; provide direction on permitting, installation and maintenance of
the Clam Pass/Bay markers; and authorize staff to proceed with Florida
Wildlife Commission (FWC); United States Army Corps of Engineers
(USACE); Florida Department of Environmental Protection (FDEP); and the
United States Coast Guard (USCG) permitting. (Gary McAlpin, Coastal
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June 14-15,2011
Zone Management Director)
To endorse the recommendation of the Clam Bay Work Group and the
Coastal Advisory Committee on the marking of Clam Bay, Clam Pass
Bay and the Bay, providing direction on permitting, installation and
maintenance of the Clam Pass Bay Markers; and authorize staff to
proceed with permitting; AND Select Option #3: to have Coastal
Management perform the permitting, installation and maintenance of
the markers (with approved signage on the Markers and the Map as
presented as Exhibits today) in Clam Pass/Bay; AND staff direction
given to include signage for swimmers, kayakers, and canoers advising
them to be cautious (Motorized Boats Present) on County portion of
Clam Pass Park (as Close to Pass as possible) and other locations
throughout Park; AND ..www.colliergov.net.. referenced for additional
information; AND PBSD to replace the incrusted signs in the north area
with their (PBSD) replacement signs - Approved 4/1 (Commissioner
Coyle opposed)
F. This item to be heard at 2:00 p.m. Recommendation to approve
$29,729 in design alternative studies for the Vanderbilt Beach park/restroom
facility as directed at the March 8, 2011 BCC meeting. (Gary McAlpin,
Coastal Zone Management Director)
Motion to approve staff's recommendation Alternative #2 building in
the AE Zone to build at ground level - Denied 2/3 (Commissioner Fiala,
Commissioner Coyle and Commissioner Coletta opposed); Motion to
approve the original plans - Approved 3/2 (Commissioner Hiller and
Commissioner Henning opposed)
Wednesday. June 15.2011
G. Recommendation to approve the Conservation Collier Program Public
Amenity Work Plan. (Melissa Hennig, Environmental Specialist)
Approved - 5/0
Wednesday. June 15.2011
H. Recommendation to adopt a resolution authorizing the condemnation
of those perpetual and temporary easement interests necessary for the
construction of stormwater improvements for the US-41 Ditch segment of
the Lely Area Stormwater Improvement Project. (Project No. 51101.)
Estimated fiscal impact: $1,927,569. (Jay Ahmad, Transportation
Engineering Director)
Resolution 2011-105 Adopted 5/0
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June 14-15,2011
Moved from Item #16C1 (Per Agenda Change Sheet)
Wednesday. June 15.2011
I. Recommendation to reject all quotes for Lift Station 103.01 Rehabilitation
Project and re-quote Project #70046.
Awarding the bid to Kyle Construction and the Generator portion to go
to bid - Approved 5/0
11. COUNTY ATTORNEY'S REPORT
A. 12:00 P.M. Time Certain Notice of Closed Session. Notice is hereby
given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney
desires advice from the Board of County Commissioners in closed attorney-
client session on TUESDAY, JUNE 14,2011. The session will be held for a
time certain of 12:00 noon, in the Commission Conference Room, 3rd Floor,
W. Harmon Turner Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida. In addition to Board members, County
Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation
Section Chief Jacqueline W. Hubbard will be in attendance. The Board in
executive session will discuss: Strategy session related to settlement
negotiations in the pending case ofKER Enterprises, Inc., d/b/a Armadillo
Underground v. AP AC-Southeast, Inc., et al v. Collier County, Case No. 08-
3496-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit
in and for Collier County, Florida.
Closed Session
B. 1:00 P.M. Time Certain Return From Closed Session. For the
Board of County Commissioners to provide direction to the County Attorney
regarding settlement negotiations in the pending case of KER Enterprises,
Inc., d/b/a Armadillo Underground v. AP AC-Southeast, Inc., et al v. Collier
County, Case No. 08-3496-CA, now pending in the Circuit Court of the
Twentieth Judicial Circuit in and for Collier County, Florida.
Motion to accept the settlement offer - Approved 3/0 (Commissioner
Fiala and Commissioner Henning absent)
12. OTHER CONSTITUTIONAL OFFICERS
Wednesday. June 15.2011
A. Recommendation that the Board of County Commissioners provide
after-the-fact approval of the Sheriffs Office submittal to the U.S.
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June 14-15,2011
Department of Justice for the FY 2011 COPS Hiring Program Grant.
Approved - 5/0
Wednesday. June 15.2011
B. Approve a budget amendment recognizing $1,546,000 in revenues
and expenditures in the Sheriffs FY 2011 General Fund Budget.
Approved - 5/0
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Wednesday. June 15.2011
14. PUBLIC COMMENTS ON GENERAL TOPICS
None present on 6/15/2011
Wednesday. June 15.2011
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs - Contact Clearance Tears regarding line item budget for the
maintenance of the Basin - Consensus
B. Mr. Klatzkow - An Assistant County Attorney to assist Sheriff's Office
with the Red Light Running hearings once a month
C. Mr. Klatzkow - Notice of Closed Session at 6/28/11 BCC Meeting
regarding a Settlement Agreement on the Blocker case
D. Mr. Mitchell- Update regarding Advisory Board Minutes
E. Commissioner Hiller - Correspondence Documents for Closed Session
turned in for the record
F. Commissioner Hiller - Wiggins Pass Permitting and adhering to CCNA
requirements
G. Commissioner Hiller - Peer Review of proposed construction and
design for all contracts
H. Commissioner Henning - Regarding Closed Session Documents turned
in by Commissioner Hiller
I. Commissioner Henning - Progress through Budget Agenda
J. Motion to Adjourn - Approved 5/0
16. CONSENT AGENDA - All matters listed under this item are considered to be
routine and action will be taken by one motion without separate discussion of
each item. If discussion is desired by a member of the Board, that item(s) will
be removed from the Consent Agenda and considered separately.
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June 14-15,2011
Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
1) This item requires that ex parte disclosure be provided by
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Bucks Run Reserve, approval
of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security.
W /stipulations
2) Recommendation to adopt a Resolution amending the Collier County
Administrative Code Fee Schedule of development-related review and
processing fees as provided for in The Code of Laws and Ordinances,
Section 2-11.
Resolution 2011-95
3) Recommendation to authorize a budget amendment to recognize
revenue for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of $36,925.
For TIS Review & PUD Monitoring/Traffic Count Projects
4) Recommendation to approve and ratify Staff s extension of Contract
#01-3290 "Fixed Term Professional Engineering Services" with
Johnson Engineering, Inc., and approval of a time extension change to
Work Order #JEI-T-3290-06-01 in order to process the Consultant's
final invoice for work completed for the "Rich King Memorial
Greenway. "
5) This item requires that ex parte disclosure be provided by
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. This is a recommendation
to approve for recording the final plat of Artesia Naples, Phase 2.
6) Recommendation to authorize a budget amendment to recognize
revenue through reimbursement from Florida Department of
Transportation (FDOT) for the CR-90 1 Vanderbilt Drive Bridge
Project.
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June 14-15,2011
Project #60178
7) Recommendation to consider approving a Resolution, amending the
Collier County Vehicle for Hire Administrative Policy Manual,
providing for the allowance of lettering on the rear windshields of the
Charter Service Vehicles.
Resolution 2011-96
8) Recommendation to receive and approve the Collier County
Floodplain Management Plan 2010 Progress Report and adopt the
2011 Action Plan.
As detailed in the Executive Summary
9) Recommendation to approve the purchase of a Perpetual, Non-
Exclusive Road Right-of-Way, Drainage and Utility Easement (Parcel
No. 442RDUE) which will be required for the four-Ianing of Golden
Gate Boulevard between Wilson Boulevard and DeSoto Boulevard.
Project No. 60040 (Fiscal Impact: $3,283).
Folio #40864520003
10) Recommendation that the Board of County Commissioners endorse
changes to the Code Enforcement Board's Rules and Regulations and
Special Magistrate's Rules and Regulations.
As detailed in the Executive Summary
11) Recommendation to approve the Collier Metropolitan Planning
Organization's (MPO) Operating Budget for FY 2011/12, and budget
amendments to recognize grant revenues in the amount of$I,019,577,
and $5,000 in local funding.
Funding begins July 1,2011 which does not coincide with the
County budget cycle
12) Recommendation to request the Board of County Commissioners
waive false alarm citation fees for the District School Board of Collier
County.
Waiving the $4867.88 in fees for compliance that has been met by
repair and/or replacement of the alarm system
13) Recommendation to approve the de-obligation of the Federal Transit
Administrative (FTA) Grant Funds for 49 U.S.C. ~5316 (JARC) and
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June 14-15, 2011
49 U.S.C. ~5317 (New Freedom) Programs.
Due to expiration of time available to utilize funding
14) Recommendation to approve the Release of Liens in the Code
Enforcement Actions entitled Board of County Commissioners vs.
Carolina M. Alvarez, Code Enforcement Case Numbers
CEPM20080005933 and CERR20080006426, relating to property
located at 724 1 09th Avenue North, Collier County, Florida.
Property brought into compliance prior to Bankunited, FSB
obtaining title of the property
15) Recommendation to approve and ratify Staffs extension of Contract
#06-3969 "Fixed Term Professional Engineering Services" with
Pitman-Hartenstein, Inc. and approval of a time extension change to
Work Order #4500117579 in order to process the consultant's final
invoice for work completed for the "Progress A venue/Livingston
Road Intersection Improvements."
Due to a delay in the construction phase that resulted from the
contractor waiting for delivery of project materials
16) Recommendation to approve and ratify Staffs extension of Contract
#09-5197 "Annual Contract for Roadway Contractors" with Better
Roads, Inc. and approval of a time extension change to Work Order
#4500117578 in order to process the Contractor's final invoice for
work completed for the "2010 Countywide Sidewalk Improvements."
Due to field conditions
17) Recommendation to award ITB #11-5646 "Nuisance Abatement
Services," to Neal's Lawn and Landscaping Maintenance, Inc., A-
Nolan Landscaping and Lawn, A & M Property Maintenance, LLC,
Ameri-Pride, Inc., Walker Exotic Tree Eradication, Environmental
Restoration Consultants, Inc., and Environmental Mowing, Inc., in the
estimated combined annual amount of $160,800.
Code Enforcement nuisance abatements that include litter/debris
removal and mowing weeds
18) Recommendation to award a construction contract to Better Roads,
Inc. for Bid No. 11-5661 - Progress Avenue Roadway Improvements
from Airport-Pulling Road to Commercial Boulevard, Project No.
60188-3, in the amount of$475,243.02
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June 14-15,2011
For intersection, road and drainage improvements
19) Recommendation that the Board approve and authorize the Chairman
to sign an Underground Facilities Conversion Agreement with
Comcast of the South, Inc ("Comcast") for Phase One Project as
stipulated by Florida Public Service Commission Tariff 6.31 0 for the
conversion of overhead electric distribution facilities and other non-
electrical utilities located on utility poles within the Vanderbilt Beach
Municipal Service Taxing Unit (the 'MSTU') Underground
distribution and to approve payment to Comcast in the amount of
$331,351.25 to cover the construction cost for conversion of Comcast
from overhead utilities to underground.
To remove Comcast Telecommunication Lines from Florida
Power and Light (FPL) Utility Poles
20) Recommendation to award Bid # 11-5641, "Rock Road MSTU Lime
Rock Road Maintenance" to Earthtech Enterprises, Inc., in the
estimated amount of$67,036.15.
For on-going maintenance such as drainage, sidewalks and street
lighting
21) Recommendation to authorize a budget amendment in the amount of
$127,177 for the required 50% local match to the Federal Transit
Administration Sections 5307 FY 10 Grant.
Due to an increase in fuel costs
22) To update the Board of County Commissioners on Public Petition
Item #6A discussed at the Board of County Commissioners Meeting
on January 11,2011 by Anton Karaba and Eva Karabova seeking
approval to retain the ten-foot fence built on property located at 12243
Fuller Lane.
23) Recommendation to approve defined maintenance responsibilities for
specific public, but unaccepted un-platted roadways in Collier County.
Resolution 2011-97
24) Recommendation to approve the purchase of three fixed-route buses
with trolley decal wraps for Collier Area Transit in the amount of
$1,123,911 funded with FTA 5307 FYI0 grants. These buses are
scheduled replacements and are consistent with the adopted 2010
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June 14-15,2011
Transit Development Plan (TDP).
25) Recommendation to waive formal competition, approve and authorize
the Chairman to sign Change Order #2 to Contract #08-5009 with Sire
Technologies, Inc. in the amount of$129,150, and authorize a budget
amendment from the Development Services Building Permit Fund
113 reserves for $112,000, with the remaining balance of$17,150 to
be expended from current Fund 113 operating expenses, for the
purpose of extending the County's Electronic Content Management
(ECM) system for the implementation of ActiveReview, an Electronic
Plan Submittal and Review system (EPSR) designed for land use and
building permit applications, and for enterprise management of capital
project plans.
As detailed in the Executive Summary
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to the Board of County Commissioners to approve a
budget amendment authorizing the Immokalee Community
Redevelopment Agency to commit $212,000 ofCDBG Grant Award
#CD 10-66 for FY2010-2011, Job Creation Project, to Fund 715 for
the Immokalee Business Development Center (IBDC).
Creating a minimum of 5 low to moderate employment
opportunities/positions to qualifying LMI persons in Collier
County
Withdrawn (Per Agenda Change Sheet)
2) A Resolution by the Board of County Commissioners of Collier
County, Florida, designating the parcels of land depicted in the
attached Exhibits A-G associated with the Immokalee Enterprise Zone
as a Brownfield Area of Collier County for the purpose of economic
development and environmental rehabilitation; authorizing the County
Manager or his designee to notify the Department of Environmental
Protection of said designation; and providing for an effective date.
3) Recommendation to award Bid #11-5691 for the construction of the
Bayshore Drive South Corridor Improvements, in the amount of
$943,599.42.
For shared use of pathways on the east side of Bayshore Drive and
the installation of crosswalks, driveway reconstruction and
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June 14-15,2011
culvert installation to improve stormwater flow
C. PUBLIC UTILITIES DIVISION
Moved to Item #101 (Per Agenda Change Sheet)
1) Recommendation to reject all quotes for Lift Station 103.01
Rehabilitation Project and re-quote Project #70046.
2) Recommendation to approve a Utility Easement from Collier County
to the Collier County Water-Sewer District for Irrigation Quality (IQ)
Water pipeline and associated infrastructure including telemetry
antennae, electrical panel, meter assembly, electrical conduit, and for
access on, over and across a portion of the Veterans Park property
located within Veterans Park off Immokalee Road in Naples, Florida
at an estimated cost not to exceed $44, Project Number 70062.
Folio #00166840007
3) Recommendation to approve a contract between the Florida
Department of Environmental Protection and the Collier County
Board of County Commissioners for the disposal of reclaimed waste
from the Isles of Capri Park Project. The waste will be disposed of at
the Collier County Landfill on a fee schedule basis of $50.58 per ton
for residential municipal solid waste, as defined in the FY 2011 Rate
Resolution, in an amount not to exceed $100,000.
DEP Contract #RMl12
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve a budget amendment recognizing
$64,391.41 in revenue generated as program income when conveying
properties acquired under the Neighborhood Stabilization Program, in
addition to reallocating funds within the program commitment items
to accurately reflect ongoing program expenses. (Fiscal impact
$64,391.41)
For the sale of property located at 380 47th Avenue NE, Naples,
FL 34120
2) Recommendation to approve and authorize the Chairman to sign one
(1) Subrecipient Agreement in the amount of$170,000 with
Immokalee Non-Profit Housing d/b/a Immokalee Housing & Family
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June 14-15,2011
Services using a Home Investment Partnership Program (HOME)
grant.
For installation of energy efficient central heat/air and water
heaters in 34 affordable rental units
3) Recommendation to approve and authorize the Chairman to sign a
U.S. Housing and Urban Development Community Development
Block Grant Agreement providing funds to David Lawrence Mental
Health Center, Inc., d/b/a David Lawrence Center for $397,375 to
provide energy improvements at three (3) of its sites within Collier
County.
For the installation of energy efficient windows and roofs
4) Recommendation to approve and authorize the Chairman to sign
Agreement #11-5693 with Collier County Child Advocacy Council,
Inc. d/b/a Children's Advocacy Center of Collier County (CAC) to
continue providing supervised visitation services funded by a grant
from the United States Department of Justice, Office on Violence
against Women and terminate Agreement #10-5385 with the CAC for
convenience to accurately cover grant funding years.
For grant funding for the years between October 1,2009 through
September 30, 2012
Withdrawn (During Agenda Changes per Commissioner Henning)
5) Recommendation to approve and authorize the Chairman to sign an
amendment to the 2010 Community Development Block Grant
(CDBG) Subrecipient Agreement with the Community
Redevelopment Agency (CRA) Immokalee approved on October 26,
2010 (Item # 16D6). This amendment will correct a scrivener's error
and revise the scope of services on the original agreement to include
travel costs.
6) Recommendation to approve and authorize the Chairman to sign
contract amendments between the Area Agency on Aging of
Southwest Florida, Inc. and Collier County to extend the grant period
by ninety days, approve budget amendments to reflect funding for the
FY11-12 State General Revenue Seniors Programs in the amount of
$838,546, and authorize the continued payment of grant expenditures.
(Fiscal impact $838,546)
The agreements are due to end June 30, 2011
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June 14-15,2011
7) Recommendation to approve and authorize the Chairman to sign an
Agreement with Physician Led Access Network (PLAN) of Collier
County for $488,000 to provide a shared information network for
PLAN participants in Collier County. Services will be paid on behalf
of the PLAN program through a $594,000 grant awarded by the
United States Department of Health and Human Services, Health
Resources and Services Administration (HRSA).
Implementing a new Primary Care Services Program that
includes financial assistance for lab services, pharmacy access and
a new electronic database tracking system
8) Recommendation to approve a budget amendment in the amount of
$11,625.13 to recognize revenue and its appropriate expenditures
from the collection of co-payments and contributions from the
Housing, Human and Veteran Services, Services for Seniors program.
Total fiscal impact $11,625.13.
Funds will be used to pay for additional services and case
management
9) This item is continued from the May 24. 2011 BCC Meetinl!:.
Recommendation to approve and authorize the Chairman to sign an
amendment to the Collier County Hunger and Homeless Coalition
(HHC) Subrecipient Agreement for the U.S. Department of Housing
and Urban Development (HUD) Homeless Prevention and Rapid Re-
Housing (HPRP) Grant approved by the Board on September 15,
2009, Item # 16D 19. This amendment will allow for a revision of the
Subrecipient Agreement to accommodate the HHC request to no
longer include Homeless Management Information System (HMIS)
activities and to allow HHC to more fully expend grant funds.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from Municipal Software Corporation to N.
Harris Computer Corporation as it relates to Contract #06-3962 "New
Divisional Software System for Community Development and
Environmental Services (CDES)."
Due to the purchase of Municipal Software Corp. by Harris
Computer Corp.
Page 18
June 14-15,2011
2) Recommendation to accept reports and ratify staff-approved change
orders and changes to work orders.
For the period of April 18, 2011 through May 17,2011
3) Recommendation to authorize submittal of an Invasive Upland Plant
Removal Program grant proposal to the Florida Fish and Wildlife
Conservation Commission's Invasive Plant Management Section for
contractor services to treat invasive exotic vegetation within Pepper
Ranch Preserve - SSA 7 in the amount of$76,000.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve and authorize the Chairman to sign an
addendum to Contract #10-5440 for enhancements to Book Direct
Hotel Booking Service with Jack Rabbit Systems for an annual
expenditure of $18,250 for a total three year agreement cost of
$60,065.
Enhancements include a mobile booking system and a Facebook
interface
2) Recommendation to approve and authorize the Chairman to sign an
Agreement between Collier County and the Florida Division of
Emergency Management accepting a Grant award for $105,806 for
Emergency Management Program Enhancement and approve the
associated budget amendment.
For the grant period of July 1,2011 through June 30, 2012
3) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-98
4) Recommendation that the Board of County Commissioners approve a
budget amendment transferring $118,000 from the Clam Bay Fund
(320) Reserve/Transfers to the Clam Bay Fund (320) Ecosystem
Enhancements.
Funding restoration of the Pelican Bay Water Management South
Berm
Page 19
June 14-15,2011
Moved from Item #16K4 (Per Agenda Change Sheet)
5) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non-ad valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit.
Resolution 2011-99
G. AIRPORT AUTHORITY
1) Recommendation to approve a budget amendment in the amount of
$5,000 to recognize revenue from the Immokalee Community
Redevelopment Agency (CRA) for repairs to a modular building
located at the Immokalee Regional Airport to be used as the
Immokalee Business Development Center (IBDC).
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Economic Development Council Post-Legislative
Luncheon on May 25,2011 at the Moorings Park Grill Room in
Naples, FL. $15 to be paid from Commissioner Fiala's travel budget.
2) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Women's Council of Realtors' Wine and Food
Extravaganza on May 25, 2011 at the Estuary at Grey Oaks, 1473
Anhinga Pointe, Naples, FL. $40 to be paid from Commissioner
Henning's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous items to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of May 7,
2011 through May 13,2011 and for submission into the official
records of the Board.
Page 20
June 14-15,2011
2) To obtain Board approval for disbursements for the period of May 14,
2011 through May 20, 2011 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period of May 21,
2011 through May 27,2011 and for submission into the official
records of the Board.
4) Recommendation that the Board of County Commissioners approve
the fifteenth year SCAAP letter delegating authority to Sheriff Kevin
Rambosk to be the official grant applicant and contact person, or his
designee, and to receive and expend the payment of the fifteenth year
of State Criminal Alien Assistance Program (SCAAP) grant funds.
Funding for costs associated with the incarceration of criminal
aliens
K. COUNTY ATTORNEY
1) Recommendation to approve a Stipulated Final Judgment for Parcel
No. 27T in the lawsuit styled Board of County Commissioners v.
Collier HMA, Inc., et aI., Case No. 06-0013-CA and approve a
Settlement Agreement and Release between Collier County and Wal-
Mart Stores East LP relating to inverse condemnation claims in same
case (CR951 Water Transmission Main Project) (Fiscal Impact
$20,000 after reimbursement).
2) Recommendation to hire outside trial counsel Bricklemyer, Smolker
& Bolves, P.A. in the matter of Collier County v. First National Bank
of Naples, Case Numbers 04-3587 and 04-3588 under Contract #06-
4047 "Eminent Domain Legal Services".
Relating to the Immokalee Road Widening Project
3) Request by the Housing Finance Authority of Collier County for re-
approval of a resolution authorizing the Collier Authority to
participate in the Lee County Housing Finance Authority to issue
single-family mortgage revenue bond program to assist qualified
buyers of single family homes in participating counties, including
Collier County, and authorizing the Collier Authority to enter into an
interlocal agreement with the Lee Authority.
Page 21
June 14-15,2011
Resolution 2011-100
Moved to Item #16F5 (Per Agenda Change Sheet)
4) Recommendation that the Board of County Commissioners adopt a
Resolution fixing the date, time and place for the Public Hearing for
approving the Special Assessment (Non-ad valorem Assessment) to
be levied against the properties within the Pelican Bay Municipal
Service Taxing and Benefit Unit.
5) Recommendation to authorize the making of an Offer of Judgment to
Respondent, Pocchi Construction, Inc., for Parcel Nos. 106FEE and
106TCE in the amount of $17,400 in the lawsuit styled Collier County
v. Annette Pocchi, et aI., Case No.1 0-2682-CA (Collier Boulevard
Project No. 68056) (Fiscal Impact $5,000).
For a proposed 36-month temporary construction easement
6) Recommendation to approve settlement of the lawsuit captioned
Collier County Board of County Commissioners v. Kim Christine
Mudge in County Court in and for Collier County, Florida (Case No.
10-1075-CC), to settle a property damage claim resulting from an
automobile accident for the total settlement amount of $5,222.09,
payable to the County, and authorize the Chairman to sign a Partial
Release of Property Damage Claim.
Relating to an April 26, 2008 vehicle accident damaging property
at the intersection of CR951 and Rattlesnake Hammock Road
7) Recommendation to approve in principal a Settlement Agreement
with Bennett Cinquegrana et aI. that settles in full the litigation styled:
Bennett Cinquegrana, Rita Siegel, on behalf of themselves and all
other persons similarly situated v. Collier County, American Traffic
Solutions, LLC and A TS American Traffic Solutions, Inc., Case No.
09-7628-CA, now pending in the Circuit Court for the Twentieth
Judicial Circuit in and for Collier County, Florida.
Relating to use of cameras monitoring intersection safety
8) Recommendation that the Board of County Commissioners authorizes
an increase in the purchase order for Carlton Fields, P.A. to exceed
the $100,000.00 cap in the case of Collier County v. John Reynolds &
Sons, Inc., et aI., Case No.1 0-6658-CA (South Reverse Osmosis Raw
Water Wellfield Pipeline Project No. 70030)(Fiscal Impact an
Page 22
June 14-15,2011
additional $150,000).
Relating to damages as a result of failures pertaining to the
construction of South Reverse Osmosis Wellfield Pipeline
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.
Moved to Item #8A (Per Agenda Change Sheet)
A. This item requires that ex parte disclosure be provided by
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. PUDZ-2007-AR-12292: Cope
Reserve RPUD -- An ordinance amending Ordinance Number 2004-41, the
Collier County Land Development Code, which includes the comprehensive
zoning regulations for the unincorporated area of Collier County, Florida by
amending the appropriate zoning atlas map or maps; by changing the zoning
classification of the herein described real property from the Estates (E)
Zoning District to the Residential Planned Unit Development (RPUD)
Zoning District for a project to be known as the Cope Reserve RPUD. The
project proposes a total of 43 single-family detached dwelling units in
Section 8, Township 50 South, Range 26 East, Collier County, Florida,
consisting of 14.3:l: acres; and by providing an effective date.
B. This item requires that ex parte disclosure be provided by
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. ABW -PL20 11-0568, Silver Spot
Theatre, a Resolution of the Board of Zoning Appeals of Collier County,
Florida, relating to Petition Number ABW-PL2011-0568, granting a waiver
pursuant to Section 5.05.01.A.6 of the Land Development Code, concerning
two establishments selling alcohol for on-site consumption and deriving less
Page 23
June 14-15,2011
than fifty-one percent of their sales from food items and having a minimum
separation distance of less than 500 feet from another such establishment,
which are located at units 8205 and 8210 in the Mercato Mixed Use Planned
Unit Development in Section 34, Township 48 South, Range 25 East, Collier
County, Florida.
Resolution 2011-101
C. This item requires that ex parte disclosure be provided bv
Commission members. Should a hearinl!: be held on this item. all
participants are required to be sworn in. CU-PL2010-1949, Hitching
Post, A Resolution of the Board of Zoning Appeals of Collier County,
Florida, providing for the establishment of a Conditional Use to allow a coin
operated amusement arcade within a C-3 Zoning District pursuant to
Subsection 2.03.03.C.1.c.4 of the Collier County Land Development Code
for property located in Section 33, Township 50 South, Range 26 East,
Collier County, Florida.
Resolution 2011-102
D. Recommendation to adopt an Ordinance amending Chapter 74 of the
Collier County Code of Laws and Ordinances (The Collier County
Consolidated Impact Fee Ordinance) providing for modifications to the
provisions related to the annual payments required to obtain and maintain a
Certificate of Public Facility Adequacy. A report to the Board of County
Commissioners will be provided, on program/development activity one year
after the effective date of the changes, as directed by the Board of County
Commissioners on May 10,2011. Additionally, that the Board of County
Commissioners direct the County Attorney and the County Manager, or his
designee, to prepare the necessary amendments to the Collier County Land
Development Code, to accommodate these types of payment changes and
specify Chapter 74 of the Collier County Code of Laws and Ordinances as
the controlling provisions, to be included as part of the next scheduled
update cycle.
Ordinance 2011-20
E. Recommendation that the Board of County Commissioners approve
an amendment to Ordinance Number 09-22, the Planned Unit Development
(PUD) time limits and time limit extension requirements as found in Section
10.02.13.D of the Collier County Land Development Code (LDC).
Ordinance 2011-21
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June 14-15,2011
F. Recommendation that the Board approve a proposed amendment to
Collier County Ordinance No. 2006-56, the Rock Road Improvement
Municipal Service Taxing Unit, to amend the geographical boundaries of the
MSTU to remove two properties that no longer derive benefit from the
MSTU's stated purpose, to add properties determined to derive benefit, and
to create an advisory committee to provide input to county staff as to future
projects within the MSTU.
Ordinance 2011-22
Moved to Item #8B (Per Agenda Change Sheet)
G. Recommendation to adopt an ordinance amending Chapter 49 of the
Collier County Code of Laws and Ordinances, relating to economic
development, which will establish additional criteria to be evaluated (1)
when there is a request to lessen or waive certain requirements in existing
economic development ordinances and programs, and (2) when there is an
application seeking grants and/or other incentives which fall outside existing
economic development ordinances and programs.
Wednesday. June 15.2011
18. ADJOURN
Motion to Adjourn - Approved 5/0
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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June 14-15,2011