Recap 06/28/2011 R
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
June 28, 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 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.
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June 28, 2011
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 COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Reverend Charles McCracken - Naples Alliance Church
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended (Ex
Parte Disclosure provided by Commission members for consent and
summary agenda.)
Approved and/or Adopted with changes - 5/0
B. March 8, 2011 - BCC/Closed Session Minutes
Approved as presented - 5/0
C. May 24, 2011 - BCC/Regular Meeting
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June 28, 2011
Approved as presented - 5/0
3. SERVICE AWARDS - EMPLOYEE
A. 25 Year Attendees
1) Vickie Wilson, Parks and Recreation
Presented
B. 30 Year Attendees
1) Millie Kelley, Wastewater
Presented
2) Joseph Corbo, Road Maintenance
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating June 28, 2011 as Dean R. Lind Day. To be
accepted by Dean R. Lind. Sponsored by Commissioner Coletta.
Adopted - 5/0
B. Proclamation designating June 28, 2011 as The Home Depot and the Project
V olunteers Appreciation Day for their selfless contributions to the Eagle
Lakes Community Park. To be accepted by Daniel Zurbrigg and Heather
Figard. Sponsored by Commissioner Fiala.
Adopted - 5/0
C. Proclamation designating June 28,2011 as Sgt. Linda Pierre Day. To be
accepted by family members of Sgt. Pierre. Sponsored by Commissioner
Coletta.
Adopted - 5/0
Added (During Agenda Changes per Commissioner Fiala)
D. Proclamation designating June 28, 2011 as Beautiful Marco Island Day.
Accepted by various representatives from Marco Island. Sponsored by
Commissioner Fiala.
Adopted - 5/0
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June 28, 2011
5. PRESENTATIONS
A. Presentation by the National Weather Service declaring Collier County
Storm Ready.
Presented
B. Presentation by SCORE on the "Business Impact 2011" Program. To be
presented by Chick Heithaus and George Ahearn. (Commissioner Coletta)
Chairman to write letters of support - Consensus
6. PUBLIC PETITIONS
A. Public Petition request from Lyle McCandless regarding the requirement of
building permits for work at private hunting camps located in preserves.
Motion to bring back as a regular agenda item at a future BCC Meeting
with staff recommendations - Approved 5/0
Item 7 and 8 to be heard no sooner than 1:00 om unless otherwise noted.
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued to the Julv 26. 2011 BCC meetinl!. 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. RZ-PL2009-25: The Gordon River Greenway
Park - an Ordinance of the Board of County Commissioners of Collier
County, Florida 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 by
changing the zoning classification of the herein described real property from
Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay,
Conservation (CON), Conservation (CON) with an ST Overlay, Commercial
Intermediate (C-3), Residential Multi-Family District 6 [RMF-6(3)] and
Residential Multi-Family District 6 [RMF-6(3)] with ST Overlay zoning
districts to the Public Use (P) zoning district for a public park with an ST
Overlay to be known as the Gordon River Greenway Park; and by providing
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June 28, 2011
an effective date. The 123.6+/- acre subject property is located on the east
side of Goodlette-Frank Road (CR-851 ) and south of Golden Gate Parkway
(CR-886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier
County, Florida.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Collier County Citizens Corps.
Resolution 2011-115: Appointing Heidi Ruster - Adopted 5/0
B. Appointment of member to the Contractors Licensing Board.
Resolution 2011-116: Re-appointing Kyle E. Lantz - Adopted 5/0
C. Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, encouraging the Department of
Defense, Congress and the President to intervene to ensure fair
reimbursement rates to medical providers through the TRICARE system and
quality health care to our deserving active and retired military personnel.
(Commissioner Coyle)
Resolution 2011- 117 Adopted - 5/0
D. This item to be heard at 1 :05 p.m. Discussion regarding a request to
amend Stewardship Easement Agreement; Tract: HCLRP SSA 8 as provided
for in a paragraph of the Agreement. Amendment requested is to provide
Grantor the ability to withdraw the Stewardship Sending Area (SSA)
designation provided an application for such withdrawal is implemented
within 6 months of approval of the amendment. (Commissioner Coletta)
Motion for the County Attorney to bring back agreements for the
Board's consideration - Approved 5/0
E. Advisory Board Vacancies as advertised in the Press Release June 22, 2011.
Motion to declare vacancies due to absences - Approved 5/0
10. COUNTY MANAGER'S REPORT
A. This item to be heard at 11 :00 a.m. Recommendation to approve the
application by Arthrex, Inc. and Arthrex Manufacturing, Inc. to participate
in the Fee Payment Assistance Program, the Job Creation Investment
Program, the Advance Broadband Infrastructure Investment Program, and
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June 28, 2011
the Fast Track Regulatory Process Program. (Fiscal Impact Estimate:
$2,282,969) (David Jackson, Executive Director, Business & Economic
Development)
Approved - 4/1 (Commissioner Hiller opposed - based on the
application being incorrect and incomplete in part)
B. Recommendation to award Agreement No. 11-5690 for Construction
Engineering and Inspection (CEI) and Related Services for SR84 (Davis
Boulevard) Radio Road to Collier Boulevard; SR84/SR951 Intersection
Improvements; Collier Boulevard (SR/CR 951) north to Magnolia Pond
Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal
to Atkins North America, Inc; Project No. 60073 & No. 60092, Fiscal
Impact $2,964,487.50. (Steve Ritter, Road Construction Manager, GMD)
Approved - 5/0
C. Recommendation that the Board adopt criteria for review of conceptual
plans and designs for major capital projects. (Len Price, Administrative
Services Administrator)
Motion to approve staff recommendations with conceptual drawings
and preliminary design brought to the Board asap but no later than
300/0 - Approved 4/1 (Commissioner Hiller opposed - she believes that
threshold should be at 5 Million)
D. Provide the Board of County Commissioners (BCC) with an update of the
draft Administrative Code. (Fred Reischl, Senior Planner, Growth
Management Division)
Update Approved - 5/0
E. Recommendation that the Board of County Commissioners (BCC) approves
a Land Development Code Amendment Cycle. (Fred Reischl, Senior
Planner, Growth Management Division)
Motion to approve as a conceptual starting point - Approved 5/0
Withdrawn (Per Agenda Change Sheet)
F. Recommendation to approve a Resolution establishing an outdoor burning
ban in unincorporated areas of Collier County in accordance with Ordinance
2009-23, Regulating Outdoor Burning & Incendiary Devices during Drought
Conditions Ordinance (Dan Summers, Director, Bureau Emergency Svc.)
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June 28, 2011
Moved from Item #16E7 (Per Agenda Change Sheet)
G. Recommendation to approve a Final Management Plan for the Gordon River
Greenway Preserve under the Conservation Collier Land Acquisition
Program and direct County Manager, or his designee, to implement the plan.
Approved w/staff's amendment - 5/0
Moved from Item #16A2 (Per Agenda Change Sheet)
H. Recommendation to approve the purchase of five (5) acres of unimproved
property which will be required for the construction of a stormwater
detention and treatment pond for Phase II of the Vanderbilt Beach Road
Extension Project. Project No. 60168, Phase II (Fiscal Impact: $50,450)
Approved - 5/0
Moved from Item #16D1 (Per Agenda Change Sheet)
I. Recommendation to approve a waiver pursuant to CMA #531l(M), to
authorize the Parks and Recreation Director's participation and service as a
member of the Early Learning Coalition of Southwest Florida, Inc. Board of
Directors.
Motion for the Parks & Rec Director to serve out the remainder of term
on the Board and to abstain from voting - Approved 5/0
Moved from Item #16E3 (Per Agenda Change Sheet)
J. Recommendation to authorize the Chairman to execute a letter to the South
Florida Water Management District (SFWMD) giving Century Oil Inc., LLC
permission to apply for a water use permit in the Caracara Prairie Preserve.
Motion to continue item - Approved 5/0
Moved from Item #16A9 (Per Agenda Change Sheet)
K. Recommendation to authorize the use of the newly adopted "Warehouse"
Road Impact Fee rate for the United Materials, Inc. expansion project, if the
Building Permit for the proposed construction is applied for prior to the
effective date of September 1, 2011 for the new/revised land use rates.
Motion to approve w/waiving any 90-day notice - Approved 5/0
Moved from Item #16E4 (Per Agenda Change Sheet)
L. Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public with an
update on the Program's past activities.
Motion to accept report - Approved 5/0
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June 28, 2011
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 28, 2011. The session will be held for a time
certain of 12:00 noon, in the Commission Conference Room, 3rd Floor, W.
Harmon Turner Administration Building F, 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 and litigation expenditures in the pending
cases of (1) Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA;
and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-128l-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 and litigation expenditures in the pending
cases of (1) Jerry Blocker, et al. v. Collier County, Case No. 08-9355-CA;
and (2) Collier County v. Jerry Blocker, et aI., Case No. 09-l28l-CA; now
pending in the Circuit Court of the Twentieth Judicial Circuit in and for
Collier County, Florida.
Motion to continue with litigation - Approved 3/2 (Commissioner
Hiller and Commissioner Henning opposed)
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Moved from Item #16B1 (Per Agenda Change Sheet)
A. Recommendation for the Board of County Commissioners (BCC), acting as
the Community Redevelopment Agency (CRA), to approve the relocation of
Immokalee CRA Office, approve the master lease with Barron Collier
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June 28, 2011
Partnership, LLLP, and authorize the Chairman to sign the master lease
agreement. (3120 15th Street North, Unit 2, Immokalee)
Approved - 5/0
14. PUBLIC COMMENTS ON GENERAL TOPICS
A. Duane Billington- Oil Well Road vs. Vanderbilt Beach Road Ext. ROW;
1-75 Interchange @Everglades Boulevard and total costs since the
Extension was required
B. Tim Hancock - Poor access to critical information regarding
Blocker litigation
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Coletta - Establish Ad-hoc A TV Committee
B. Dr. Joan Colfer - Presentation regarding children that drown in FL
C. Commissioner Henning - Agenda item discussion procedures
D. Commissioner Henning - Motion to Adjourn - Approved 5/0
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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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Approved and/or Adopted with changes - 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve for recording the final plat of Vita
Tuscana, approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
County Manager or designee to withhold CO and the recording of
the plat until required improvements are preliminarily accepted
Moved to Item #10H (Per Agenda Change Sheet)
2) Recommendation to approve purchase of five (5) acres of unimproved
property which will be required for the construction of a stormwater
detention and treatment pond for Phase II of Vanderbilt Beach Road
Extension Project No. 60168, Phase II (Fiscal Impact: $50,450)
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June 28, 2011
3) Recommendation to approve and ratify Staffs extension of Contract
#06-3969 with Stanley Consultants, Inc. and approval of Change
Order #2 to Work Order #4500110440, requesting an additional 30
days to process the Consultant's final invoice for work completed on
Gateway Triangle Stormwater Improvements, Project #51803.
Contract had expired and has been extended by Work Order to
January 2, 2011
4) Recommendation to approve an amendment to an easement agreement
for the purchase of a road right-of-way, drainage and utility easement
(Parcel No. 256RDUE) required for the expansion of Golden Gate
Boulevard from two lanes to four lanes between Wilson Boulevard
and DeSoto Boulevard. (Project No. 60040.) Estimated fiscal impact:
None.
Due to delays with a mortgage lien encumbering the parcel, the
closing deadline has been extended to July 29, 2011
5) Recommendation to provide after-the-fact approval for the submittal
of a Transportation Community and System Preservation Program
(TCSP) Discretionary Grant Application for the construction of five
new bridges in Golden Gate Estates in a total amount of$17,000,000.
For the following locations: Bridge #1: 23rd St. SW (1 block North
of White Blvd); Bridge #2: 16th St. NE (South of 10th Ave NE);
Bridge #3: 8th St. NE (South of 10th Ave NE); Bridge #4: 47th Ave
NE; and Bridge #5: 620d Ave NE (West of 40th St NE)
6) Recommendation to execute the Non Emergency Transportation
Medicaid Contract for the State 2011/2012 fiscal year; authorize a
budget amendment in the amount of $486,958 to recognize the
Medicaid grant funds; authorize a budget amendment in the amount of
$137,270 to fund the Paratransit Transportation Disadvantaged
program through the remainder of fiscal year 2011; and, to direct staff
to work with the Local Coordinating Board to evaluate funding and
service options for paratransit through FYI2.
The County has already provided the allotted 120,000 trips this
fiscal year for essential transportation services and this increase
will cover the remainder of FY11
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June 28, 2011
7) Recommendation to approve the submittal of a grant application in the
Federal Transit Administration (FTA) financial and Grant
Management System (TEAM Web) and authorize a budget
amendment in the amount of $220,000 to recognize the 2008/2009
Congestion Management System/Intelligent Transportation
Stakeholders (CMS/ITS) grant funds awarded to Collier Area Transit
(CAT) for the purchase of a vehicle to be used to provide service on a
east-west corridor on the Fixed Route system.
For the purchase of a 35' Gillig fixed-route bus that will service
the east-west expansion of the Golden Gate Parkway corridor
8) Recommendation to approve and execute the FY20ll/l2
Transportation Disadvantaged Trust Fund Trip/Equipment Grant
Agreement with the Florida Commission for the Transportation
Disadvantaged (CTD) in the amount of$625,170 with a local match
of $69,450 and authorize the Chairman to sign the Agreement, a
Resolution in support of the Agreement, and required budget
amendments. Grant funds will be used to cover a portion of the
operating expenses of the Transportation Disadvantaged Program.
Resolution 2011-106
Moved to Item #10K (Per Agenda Change Sheet)
9) Recommendation to authorize the use of the newly adopted
"Warehouse" Road Impact Fee rate for the United Materials, Inc.
expansion project, if the Building Permit for the proposed
construction is applied for prior to the effective date of September 1,
2011 for the new/revised land use rates.
10) Recommendation to approve and ratify staffs extension of Contract
No. 09-5229 "Consultant Services for Collier County Signal
Retiming Project" and a time extension Change Order to Work Order
No. 4500113122 in order to process the Consultant's invoices for
work completed.
Contract expired August 25, 2010 and was extended to
March 31, 2011
11) Recommendation to approve a Resolution authorizing the Chairman
of the Board of County Commissioners to execute a Local Agency
Program Agreement with the Florida Department of Transportation in
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JUDe 28, 2011
which Collier County would be reimbursed up to $550,963 for the
installation of wireless detection equipment for the expansion of the
adaptive traffic control system on Airport Road, from Club House
Drive to Golden Gate Parkway.
Resolution 2011-107
12) Recommendation to approve an impact fee reimbursement requested
by Two Lakes Development, LLC, totaling $869,132.69, due to the
cancellation of a building permit.
The building permit was cancelled on March 9, 2009
B. COMMUNITY REDEVELOPMENT AGENCY
Moved to Item #13A (Per Agenda Change Sheet)
1) Recommendation for the Board of County Commissioners (BCC),
acting as the Community Redevelopment Agency (CRA), to approve
the relocation of Immokalee CRA Office, approve the master lease
with Barron Collier Partnership, LLLP, and authorize the Chairman to
sign the master lease agreement. (3120 15th Street North, Unit 2,
Immokalee)
2) Recommendation for the Community Redevelopment Agency (CRA)
to authorize a budget amendment to recognize a reimbursement of
$100,000 from a Seller's escrow account to reimburse CRA Fund 187
for the work required to mitigate an environmentally contaminated
site (4315 Bayshore Drive).
For removal of a single-walled fuel tank and two contaminated
soil sites
3) Recommendation for the Community Redevelopment Agency (CRA)
to modify an existing Commercial Building Improvement Grant
Agreement between the CRA and a Grant Applicant by approving a
time extension and increase the grant award in the amount of $20,000.
(4097 Bayshore Drive, fiscal impact $50,000).
The original expiration date was October 26, 2010 and has been
given a 12-month extension to October 25,2012
4) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Landscape Improvement Grant Agreement
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June 28, 2011
between the CRA and a Grant Applicant within the Bayshore
Gateway Triangle area. (2705 Storter Avenue - $550)
For the removal of 5 Melaleuca Trees
C. PUBLIC UTILITIES DIVISION
1) Recommendation to adopt a Resolution approving Special
Assessment Hardship Deferrals for certain Sewer Special
Assessments for the 2011 tax year.
Resolution 2011-108/CWS Resolution 2011-01
2) Recommendation to approve the Satisfaction of Lien for the 1996
Solid Waste Collection and Disposal Services Special Assessments
where the county has received payment in full satisfaction of the lien.
Fiscal impact is $20 to record the Satisfaction of Lien.
Resolution 2011-109
3) Recommendation to approve, execute and record Satisfactions of
Notice of Claim of Lien for Sanitary Sewer System Impact Fee.
Fiscal impact is $20 to record the Satisfactions of Lien.
For the following: Folio #61840400003 and Folio #77262080008
4) Recommendation to approve the Satisfactions for certain Water and/or
Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to
record the Satisfactions of Lien.
For the following: Folio #00728160002, Folio #68345400006, and
Folio #77262080008
5) Recommendation to waive competition and authorize a sole source
contract renewal of $55,832 with GE Intelligent Platforms for utility
facilities control system software support. This software is used in all
Public Utilities Division treatment plants and distribution systems to
control, monitor, and manage critical processes. Funding is available
in Projects #72541 and #71056.
To sustain a level of service standards for all raw water and
wastewater treatment, distribution, and plant operations
D. PUBLIC SERVICES DIVISION
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JUDe 28, 2011
Moved to Item #101 (Per Agenda Change Sheet)
1) Recommendation to approve a waiver pursuant to CMA #53ll(M), to
authorize the Parks and Recreation Director's participation and service
as member of the Early Learning Coalition of Southwest Florida, Inc.
Board of Directors.
2) Recommendation to approve and authorize the Chairman to sign
seven (7) lien agreements for deferral of 100% of Collier County
impact fees for owner occupied affordable housing dwelling units
located in Collier County. Approval of this item will transfer
previously approved deferral agreements from Habitat for Humanity
to owner occupants with a continuing fiscal impact of$100,355.46.
Deferrals are for the following: $14,591.26 for Lot 9, Regal Acres;
$15,246.26 for Lot 135, Liberty Landing; $13,981.67 for Lot 19,
Regal Acres; $13,981.67 for Lot 14, Regal Acres; $14,591.26 for
Lot 12, Regal Acres; and $13,981.67 for Lot 20, Regal Acres
3) Recommendation to approve and authorize the Chairman to sign one
(1) release of lien for deferral of 100 percent of Collier County impact
fees for owner occupied affordable housing dwelling unit that have
been repaid in full.
For a property located at 303 Calle Amistad St., Immokalee
4) Recommendation to approve and authorize the Chairman to sign an
amendment to the 2009 Community Development Block Grant-
Recovery (CDBG-R) Subrecipient Agreement with the City of Naples
to be used towards landscaping improvements.
For Landscaping Improvements at Anthony Park extending
Contract #B-09-UY-12-0016 #14.253 to January 31,2012
5) Recommendation to approve and authorize the Chairman to sign an
amendment to the 2010-11 Community Development Block Grant
(CDBG) Subrecipient Agreement with City of Naples in the amount
of $120,434 to incorporate revisions to the original Subrecipient
Agreement and complete improvements to Anthony Park.
For Landscaping Improvements at Anthony Park extending
Contract #B-10-UC-12-0016 #14.218 to January 31,2012
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June 28, 2011
6) Recommendation to approve the Memorandum of Understanding
between the Retired and Senior Volunteer Program (RSVP) and its
Participating Agencies (Volunteer Stations), endorse the standard
form agreement and authorize the Housing, Human and Veteran
Services Department Director to be the designated signatory to
execute said document.
There are around 1 00 Volunteer Stations in Collier County
including some County Departments, David Lawrence Center,
Lighthouse of Collier, Mental Health Association of SW FL,
Naples Botanical Gardens, Naples Chamber & Visitors Center,
Rookery Bay National Estuarine Reserve, Shelter for Abused
Women, and St. Vincent DePaul-Meals on Wheels, etc.
7) Recommendation that the Board of County Commissioners provide
after-the-fact approval of the amendments between Collier County
Board of County Commissioners and the Area Agency on Aging for
Southwest Florida, Inc., which reflects additional grant funding in the
amounts of $60,000 for the Community Care for the Elderly (CCE)
program and $8,668 for the Alzheimer's Disease Initiative (ADI)
program for FYI 0-11.
Providing homemaker services, personal care, respite, emergency
alert response, and medical supplies allowing area seniors to
remain in their homes
8) Recommendation to approve and authorize the Chairman to sign
Amendment #1 for three (3) subrecipient agreements to the State of
Florida, Department of Children and Families (DCF) 2011 Challenge
Grant approved by the Board on March 8, 2011 (Item # 16D4).
Amendment #1 will allow for a full description of the DCF grant
terms and conditions.
As detailed in the Executive Summary
9) Recommendation to approve and authorize the Chairman to sign an
amended Administrative Plan and Resolution for operating the
Neighborhood Stabilization Program to conform with revised and
newly issued rules, regulations, and guidance from the U.S.
Department of Housing and Urban Development the result of
enactment of the 2010 Wall Street Reform Consumer Protection Act.
Resolution 2011-110
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June 28, 2011
10) Recommendation to approve budget amendments for the Museum
totaling $83,725.04 to recognize tourist development tax revenue
received as a result of a class action lawsuit brought against on-line
travel agencies for $62,441.04 and other miscellaneous revenues for
$21,284 and appropriate funds for museum capital improvements.
To complete construction and installation of an exhibit at the
Naples Depot Museum and to continue upgrades to LED lighting
11) Recommendation to approve the extension of the U.S. Department of
Housing and Urban Development (HUD) entitlement FY 2010-2011
grant periods for the Community Development Block Grant (CDBG),
HOME Investment Partnerships (HOME), and Emergency Shelter
Grant (ESG) by ninety days thereby changing the FYlO-ll fiscal
period from July 1,2010 through June 30, 2011 to July 1,2010
through September 30,2011, authorize the continued payment of
grant expenditures, and change future fiscal periods for these grants to
begin on October 1 st and end on September 30th.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve Amendment No. 06 to the Agreement
with Collier County District School Board for the Driver Education
Program to provide $196,200 in funding.
For the Summer Driver Education Program, supplies, equipment
and fuel for year round Driver Education Programs that benefit
Public and Private Collier County Students
2) Recommendation to adopt a Resolution and approve a Lease
Agreement with United States Senator Marco Rubio for use of
County-owned office space during his initial term for annual revenue
of $4,200.
Resolution 2011-111
Moved to Item #10J (Per Agenda Change Sheet)
3) Recommendation to authorize the Chairman to execute a letter to the
South Florida Water Management District (SFWMD) giving Century
Oil Inc., LLC permission to apply for a water use permit within the
Caracara Prairie Preserve.
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June 28, 2011
Moved to Item #10L (Per Agenda Change Sheet)
4) Recommendation to conduct the Conservation Collier Annual Public
Meeting to provide the Board of County Commissioners and public
with an update on the Program's past activities.
5) Recommendation to approve a modification to the budget of the
Energy Efficiency and Conservation Block Grant (EECBG) funded by
the American Recovery and Reinvestment Act (ARRA), authorize the
County Manager, or his designee, to reallocate the funding within the
Board approved grant budget as necessary, and authorize the
necessary budget amendments. The proposed modification reallocates
budgeted funds from a traffic signalization activity and administrative
costs to complete lighting retrofits in several county buildings.
Project #33062
6) Recommendation to approve the Pepper Ranch Preserve Final
Management Plan under the Conservation Collier Land Acquisition
Program and direct the County Manager, or his designee, to
implement the plan.
For 2,500 acres located at 6315 Pepper Road, west of Immokalee
Moved to Item #10G (Per Agenda Change Sheet)
7) Recommendation to approve a Final Management Plan for the Gordon
River Greenway Preserve under the Conservation Collier Land
Acquisition Program and direct the County Manager, or his designee,
to implement the plan.
8) Recommendation to approve a Final Management Plan for the Shell
Island Preserve under the Conservation Collier Land Acquisition
Program and direct the County Manager, or his designee, to
implement the plan.
Located in Section 15, Township 51S, Range 26E, west of State
Road (SR) 951
9) Recommendation to approve a Right-of-Way Consent Agreement and
Memorandum of Right-of-Way Consent Agreement from Florida
Power & Light Company for access on, over and across a portion of
Calusa Bay South property located off Goodlette Frank Road in
Naples, Florida at an estimated cost not to exceed $50, Project
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June 28, 2011
Number 70062.
For construction and maintenance of an Irrigation (IQ) Quality
Water meter and valve site
10) Correct Scrivener's error in bid tabulation for ITB No. 10-5573
"Traffic Sign Materials and Related Items".
As detailed in the Executive Summary
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve two (2) Contractual Service Agreements
between Collier County and the East Naples, and Golden Gate Fire &
Rescue Districts to provide fire protection and rescue services within
the Collier County Fire Control District at a budgeted cost of
$175,200.
Agreement began on October 1,2010 and expires September 30,
2011 with payments due quarterly (January 1, April 1 and July 1)
resulting in payments due January 1 and April 1
2) Recommendation to approve a Memorandum of Understanding
between Collier County and the Florida Division of Emergency
Management in support of the placement and use of a Resource
Logistics Support Trailer. The trailer will be for shared use in the
County and for other emergency situations in the region.
Providing for the distribution of food, water, supplies and/or
temporary relief activities
3) Recommendation to approve and authorize the Chairman to sign an
Agreement accepting the annual Emergency Management
Preparedness and Assistance Grant, in the amount of$9l,805, to
update the Strategic Housing Plan and to authorize the necessary
budget amendment.
For the enhancement of the Emergency Management Program
4) Recommendation that the Board of County Commissioners award Bid
#11-5704 for the amount of$685,605 for Pelican Bay Community
Crosswalks to Bateman Contracting, LLP and to approve a budget
amendment in the amount of $116,400. Source of funds is assessment
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June 28, 2011
revenue paid by District property owners within the MSTBU.
As detailed in the Executive Summary
5) Report to the Board of County Commissioners covering budget
amendments impacting reserves in an amount totaling $25,000 or less.
For communications equipment
6) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-112
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approve and authorize the Authority's
Executive Director to execute the attached tie-down standard
agreements for the Everglades Airpark, Immokalee Regional Airport
and Marco Island Executive Airport.
To ensure consistency at all airports for all tenants
2) Recommendation to approve attached Concessionaire Agreement
between the Collier County Airport Authority and Marco Aviation
Inc. for Specialized Aviation Service Operations at the Marco Island
Executive Airport.
Providing aircraft flight training, charter and air-taxi services,
specialized commercial flying services, maintenance and repair,
and the sale of non-aviation products, excluding petroleum & fuel
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating July 25,2011 as The Edgerrin James
Foundation Football Day in Immokalee. Sponsored by Commissioner
Coletta.
Adopted
2) Commissioner Coletta requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended EDC 2011 Post-Legislative Delegation Luncheon at The
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June 28, 2011
Grill Room, Moorings Park, Naples, FL on May 25,2011, $15 to be
paid from Commissioner Coletta's travel budget.
3) Commissioner Henning requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Collier Building Industry Association's Membership
Meeting on June 16,2011 at Olde Cypress on Immokalee Road,
Naples, FL, $16 to be paid from Commissioner Henning's travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
1) Advisory board minutes to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of May 28,
2011 through June 3, 2011 and for submission into the official records
of the Board.
2) To obtain Board approval for disbursements for the period of June 4,
2011 through June 10, 2011 and for submission into the official
records of the Board.
3) Recommendation that the Board of County Commissioners serve as
the local coordinating unit of government for the Florida Department
of Law Enforcement's Federal Fiscal Year 2011 Edward Byrne
Memorial Justice Assistance Grant (JAG) Countywide Program and
authorize the Chairman to execute the Certification of Participation,
designate the Sheriff as the official applicant, Sheriffs office staff as
grant financial and program managers, approve the grant application
in the amount of $138,940 when completed, and authorize acceptance
of awards and associated budget amendments.
To continue the Juveniles at Risk Comprehensive Action Program
(JARCAP) for an additional 12 months
4) Recommend that the Board of County Commissioners serve as the
local coordinating unit of government for the Florida Department of
Law Enforcement's Federal Fiscal Year 2011 Edward Byrne
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June 28, 2011
Memorial, Justice Assistance Grant (JAG) Countywide Program and
authorize the Chairman to execute the Certification of Participation,
designate the Sheriff as the official applicant, Sheriffs office staff as
grant financial and program managers, approve the grant application
when completed, and authorize acceptance of awards and associated
budget amendments.
To continue the Child Abuse/Sexual Offender/Sexual Predator
Program
5) Recommendation that the Board concur with the Clerk's intent to
issue a request for proposal for the implementation of an accounts
payable improvement solution for SAP and authorize use of existing
funds in FY20 11 and tentatively budgeted FY 2012.
To allow for streamlining of the accounts payable process
6) To obtain Board approval for year two (2) of Contract #09-5270,
"Auditing Services for Collier County", with Ernst and Young LLP,
in order to provide for Fiscal Year 2011 external audit and authorize
corresponding payment of $592,250 for services.
As detailed in the Executive Summary
K. COUNTY ATTORNEY
1) Recommendation to Approve Agreed Order Awarding Expert Fees
and Costs in the Amount of$73,268.63 for the Acquisition of Parcel
III in the Lawsuit Styled Collier County v. NB Holdings
Corporation, et aI., Case No. 06-0658-CA (Santa Barbara Boulevard
Project No. 62081). (Fiscal Impact: $73,268.63)
The compensation was settled and the expert fees were reached
after conferences, avoiding further costs; attorney's fees were
determined by Statute
2) Recommendation to approve a Mediated Settlement Agreement and a
Stipulated Final Judgment to be drafted incorporating the same terms
and conditions as the Mediated Settlement Agreement in the amount
of $80,400 for acquisition of Parcels 838A and 838B and for all
counter-claims of Respondent in the lawsuit styled Collier County v.
Nancy L. Johnson Perry, et aI., Case No. 03-2373-CA (Golden Gate
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June 28, 2011
Parkway Project #60027). (Fiscal Impact: $16,400).
Resolving all county claims of trespass and inverse condemnation
(Commissioner Henning abstained from voting on Item #16K3 during Agenda
Approval)
3) Recommendation to approve a Settlement Agreement among all
parties in the case styled Burgeson v. Collier County, et aI., Case No.
2:09-CV-220-FTM-99-DNF, now pending in the United States
District Court for the Middle District of Florida, Fort Myers Division.
Contingent upon acceptance of the Settlement Agreement and
Mutual Release by the Bankruptcy Court
4) Recommendation to authorize the County Attorney to file a lawsuit,
including injunctive relief, on behalf of the Collier County Board of
County Commissioners, against Flamingo Bend Nursery, Inc.,
regarding Code Enforcement Violations for illegal dumping, digging
for irrigation permits without obtaining County permits and for illegal
dumping upon a separate parcel of property.
Located at 11820 Riggs Road in Collier County
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.
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. SV-PL2010-1995, Wal-Mart, Resolution of the
Board of Zoning Appeals of Collier County, Florida, granting a variance
from Section 5.06.04.F.4 of the Land Development Code concerning the
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June 28, 2011
number of permissible wall signs and granting a variance from Section
5.06.04.F.4.a concerning the maximum sign display area, which signs are
located at 9885 Collier Boulevard in Section 3, Township 50 South, Range
26 East, Collier County, Florida.
Resolution 2011-113
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. PUDZ-PL2009-2496: Emmanuel Evangelical
Lutheran Church - An ordinance of the Board of County Commissioners of
Collier County, Florida, 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 by
changing the zoning classification of the herein described real property from
the Estates (E) zoning district to a Community Facilities Planned Unit
Development (CFPUD) zoning district for the project known as Emmanuel
Evangelical Lutheran Church of Naples, Inc. CFPUD, to allow 90,000
square feet of uses to include worship/church and related social services, a
300 person child and adult day care facility, job training and vocational
rehabilitation, a 450 person private school; or, in the alternative,
development of single family residential dwelling units, located on the south
side of Oil Well Road, in Section 19, Township 48 South, Range 28 East,
Collier County, Florida, consisting of 21. 72+/- acres subject to conditions;
and by providing an effective date.
Ordinance 2011-23
C. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplemental revenue) to the
Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-114
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 28, 2011