Recap 09/27/2011 R
COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples, FL 34112
September 27, 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 WISIDNG 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
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September 27, 2011
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON
THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION
TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF
THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A
MAXIMUM TIME OF TEN MINUTES.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD
WILL NEED A RECORD OF THE PROCEEDING PERTAINING THERETO,
AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD
OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE
TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING,
YOU ARE ENTITLED, AT NO COST TO YOU, THE PROVISION OF CERTAIN
ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3335 EAST TAMIAMI TRAIL,
SUITE 1, NAPLES, FLORIDA, 34112-5356, (239) 252-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M
1. INVOCATION AND PLEDGE OF ALLEGIANCE
A. Pastor Sammy Mosquera - United Penecostal Church
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 - 4/1 (Commissioner Henning
Opposed)
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September 27, 2011
B. September 8, 2011 - BCC/Budget Hearing Minutes
Approved as presented - 5/0
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Carl Gibson, Pollution Control
Presented
2) 25 Year Attendees
a) Jacinto Cervantes, Parks and Recreation
Presented
4. PROCLAMATIONS
A. Proclamation congratulating Marco Beach Ocean Resort for its continued
contributions and efforts in recycling and its "Going Green" mission. To be
accepted by Dan Rodriguez, Director, staff from Solid Waste Mgt. & Jeffrey
Bullock, Hotel Manager and Branka Guberina, Operations Manager of
Marco Beach Ocean Resort (Sponsored by Commissioner Fiala)
Adopted - 5/0
5. PRESENTATIONS
A. Recommendation to recognize Yaneisy Camps, Administrative Captain,
Emergency Medical Services, as the Employee of the Month for August
2011.
Presented
6. PUBLIC PETITIONS
Item 7 and 8 to be heard no sooner than 1:00 om unless otherwise noted.
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September 27,2011
7. BOARD OF ZONING APPEALS
8. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the June 14~ 2011 BCC Meetinf!.
This item reQuires that ex parte disclosure be provided bv Commission
members. 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::f: acres;
and by providing an effective date.
Motion to continue to the October 11, 2011 BCC Meeting
Approved - 5/0
B. A Resolution approving, with conditions, Petition CSLV PL20100001812:
requesting a Variance from the Coastal Construction Setback Line (CCSL)
and Preserve to allow for the construction of a new restroom and concession
facility seaward of the Coastal Construction Setback Line (CCSL) to replace
the existing restroom structure, all of which are located on or near the
existing Vanderbilt Beach restroom with a street address of 100 Vanderbilt
Beach Road, located in Section 32, Township 48 South, Range 25 East,
Collier County, Florida.
Resolution 2011-181 Adopted - 3/2 (Commissioner Hiller and
Commissioner Henning opposed)
9. BOARD OF COUNTY COMMISSIONERS
A. Request for reconsideration of Item #16A17 from the September 13,2011
BCC Meeting, titled "Recommendation for Board approval of Hole Montes,
Inc., as the design professional short-list for RFP #11-5724 and to enter into
negotiations between Collier County and Hole Montes Inc. for "Construction
Engineer, Landscape Inspection and Site Restoration Services for Vanderbilt
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September 27, 2011
Beach MSTU: FPL Underground Conversion Project - Phase 1,2,3"
pursuant to RFP #11-5724. (Commissioner Hiller)
Motion to reconsider - Approved 5/0
Continued District #2 Appointment for re-advertising (Per Agenda Change Sheet)
B. Appointment of members to the Collier County Planning Commission.
Resolution 2011-179: Re-appointing Melissa Ahern and Barry M. Klein;
Appointing Phillip E. Brougham and re-advertise for the District 2 Seat
Adopted - 5/0
C. To direct the County Attorney to obtain all financial records from the Collier
County Economic Development Council. (Commissioner Tom Henning)
County Attorney to request all records from EDC and the Clerk to
audit the records - Approved 5/0
Added (Per Agenda Change Sheet) Approved per Ord. 2011-17
D. Recommendation to appoint 2 Commissioners as regular members, 3
Commissioners as alternate members to the Value Adjustment Board. Per
Ordinance Number 2011-17 a majority vote of the Board is required to add
this document to the agenda since it was submitted following the publication
of the printed agenda. (Requested by the Executive Manager of the BCC)
Resolution 2011-180: Appointing Commissioner Coletta and
Commissioner Henning w/remaining Commissioners serving as
Alternates - Adopted 5/0
10. COUNTY MANAGER'S REPORT
Commissioner Hiller's evaluation of CM Added per Ord. 2011-17 - Approved
A. Recommendation to complete the Annual Performance Appraisal for the
County Manager. (Leo E. Ochs, Jr., County Manager)
Approved - 5/0
B. This item continued from the September 13~ 2011 BCC Meetinf!.
Recommendation to review and approve the Parks and Recreation Master
Plan prepared by Tindale-Oliver and Associates, Inc. with the addition of
citizen input meetings held April 6 and 7, 2011. (Marla Ramsey, Public
Services Administrator)
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September 27,2011
Motion to approve the Master Plan w/Staff changes - Approved 4/1
(Commissioner Hiller opposed)
C. Recommendation to approve the Local Coordinating Board (LCB)
recommendation for the provision of para transit service in fiscal year 2012,
including completing a required Title VI Fare Equity Analysis to evaluate
impacts of a potential fare increase to the riders and budget for the Collier
Area Paratransit system; and to approve a budget amendment in the amount
of $25,000 to fund this analysis. (Michelle Arnold, Director, Alternative
Transportation Modes, Growth Management Division)
Approved - 5/0
Continued to the October 11, 2011 BCC Meeting (Per Agenda Change Sheet)
D. Recommendation to approve and ratify staff s unauthorized Zero Dollar
Time Extension Change Order for Professional Engineering Services with
Atkins North America, Inc. (previously known as PBS&J) to Work Order
No. 4500100227 in order to process final invoice for work completed for
"Clam Pass/Bay Estuary," ratify staffs unauthorized action of request for
services, and make a finding of quantum merit based on value of the benefit
received. (Gary McAlpin, Coastal Zone Management, Public Services)
E. Recommendation that the County Manager or his designee be directed to (1)
develop an amendment to Ordinance Number 98-37; (2) revise the Irrigation
Quality Water Policy; (3) develop a standardized Agreement for Delivery
and Reuse of Reclaimed Water (Major User Agreement) for customers that
use or request an allotment amount equal to or greater than 100,000 gallons
per day of reclaimed water; and, (4) develop a standardized Customer
Agreement for Delivery and Reuse of Reclaimed Water (Customer
Agreement) for customers that use less than 100,000 gallons per day of
reclaimed water, all for future Board of County Commissioners'
consideration at a public hearing. (George Yilmaz, Public Utilities
Administrator)
Motion to approve and bring back an amended Ordinance at a future
BCC Meeting - Approved 5/0
F. Recommendation to approve Category "A" Tourist Development Fund 183
Grant Applications for Beach Park Facilities for FY 2011/12 in the amount
of$I,025,000, make a finding that the expenditure will promote tourism,
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September 27,2011
and authorize the Chairman to sign necessary agreements following County
Attorneyapproval. (Gary McAlpin, Coastal Zone Management, Public
Services)
Motion to approve the repair budgets of the tiki roof at Barefoot Beach
and ADA ramp rework finding those items promote tourism and direct
staff to bring back the other items for consideration after a cost review
Approved - 3/2 (Commissioner Coyle and Commissioner Coletta
opposed)
G. Recommendation the Board of County Commissioners approve a Short Sale
Policy and Procedure for the State Housing Initiatives Partnership (SHIP)
program. (Kim Grant, Interim Director, Housing, Human, Veteran Services)
Discussed
H. Recommendation to award a construction contract to Oldcastle Southern
Group, Inc. d/b/a APAC Southeast, Inc. for Bid No. 11-5757 - Oil Well
Road Safety Improvements (from Y4 mile west of the Faka-Union Canal to
'li mile west of Oil Well Grade Road) Project No. 60016, in the amount of
$1,698,855.46. (Norman Feder, Administrator, Growth Management)
Approved - 5/0
I. Time certain item to be heard at 11 :00 a.m. To provide to the Board of
County Commissioners information regarding the requirement to obtain a
building permit when replacing a water heater, as specified within the 2007
Florida Building Code and Collier County Ordinance 2009-59, as directed,
in follow-up to the September 13,2011 Public Petition Item #6A. (James C.
French, Director, Operations and Regulatory Management Department,
Growth Management Division)
Motion for a retroactive (as of today) one-permit and one-fee permitting
process and staff to work with CBIA for clarification - Approved 5/0
J. Recommendation to approve the purchase of Liability, Automobile,
Workers' Compensation, Flood, Aircraft, Airport and other insurance and
related services for FY 2012 in the annual amount of$I,443,951, a reduction
of$147,390. (Jeff Walker, Risk Management Director)
Approved - 5/0
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September 27, 2011
K. Recommendation to obtain direction from the Board of County
Commissioners on how to proceed with an Easement Agreement for use
between Collier County and Beachfront Property Owners requiring the
Property Owners to provide public beach access in exchange for publically
funded major beach renourishment, vegetation planting and dune restoration
to the subject property. (Gary McAlpin, Coastal Zone Management, Public
Service Division)
Motion to discontinue any further action on this item - Approved 5/0
Moved to Item #16A16 (Per Agenda Change Sheet)
L. Recommendation to approve a Ribbon Cutting Ceremony for the new
Transit Route between Collier and Lee County to be known as the "LinC"
and authorize the Chairman to sign all applicable agreements associated with
use of private property for an event scheduled for October 6, 2011.
(Michelle Arnold, Director, Alternative Transportation Modes, Growth
Management Division)
Moved from Item #16A15 (Per Agenda Change Sheet)
M. Recommendation to direct the County Manager or his designee to amend the
Collier County Land Development Code (LDC) and Right-of-Way
Ordinance in regards to storage containers, Planned Unit Development
(PUD) Annual Monitoring Reports, specific standards for the location of
accessory buildings and structure provisions to include Personal Storage
Containers (PODS), number of dogs allowed in residential districts, and
exceptions to a Right-of-Way (ROW) permit meeting specific criteria.
Motion to approve staff's recommendation on all items excluding
personal storage containers on which Code Enforcement will place a
"stay" on enforcing violations for properties that meet current zoning
provisions and for Staff to bring back revisions and clarification
through the normal LDC Cycle process - Approved 5/0
Moved from Item #16D9 (Per Agenda Change Sheet)
N. Recommendation to approve a budget amendment recognizing $284,110.45
in revenue generated as program income when conveying property acquired
through the Neighborhood Stabilization Program. (Fiscal impact:
$284,110.45)
Approved - 5/0
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September 27, 2011
11. COUNTY ATTORNEY'S REPORT
Commissioner Hiller's evaluation of CA added per Ord. 2011-17 - Approved
A. The Annual Performance Appraisal for the County Attorney.
Approved - 5/0
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
Commissioner Hiller's evaluation of Director added per Ord. 2011-17- Approved
A. The Annual Performance Appraisal for the Airport Authority Executive
Director.
Approved - 5/0
Moved from Item #16B1 (Per Agenda Change Sheet)
B. Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and executes an amendment to the employment
agreement between the CRA and David L. Jackson, the Bayshore Gateway
Triangle CRA Executive Director, extending the term of employment four
years and modifying severance terms, and authorize CRA Chairman to sign.
Approved - 4/1 (Commissioner Hiller opposed)
14. PUBLIC COMMENTS ON GENERAL TOPICS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. County Manager Ochs - November & December BCC Meeting schedule
B. Commissioner Henning - Will have to leave early on the second day of
the Board Meetings in November and December
C. Commissioner Hiller - Article regarding fluoridated water and the
possible upcoming wave of litigation
D. Commissioner Henning - Web site for info regarding fluoride in water
E. Commissioner Henning - 1-75 Interchange presentation
F. Commissioner Coletta - 1-75 Interchange grassroots effort and he will
make a presentation to the Board after the October MPO Meeting
G. Commissioner Coyle - Motion to Adjourn - Approved 5/0
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September 27, 2011
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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.
Approved and/or Adopted with changes - 4/1 (Commissioner Henning opposed)
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A. GROWTH MANAGEMENT DIVISION
1) This item reQuires that ex parte disclosure be provided by
Commission members. Should a hearinf! 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 Reflection
Lakes at Naples - Phase 3D.
Located in Section 12, Township 51 South, Range 26 East
2) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinf! 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 Veronawalk Phase 4C,
Benelli and Karina Court Replat, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Located in Section 35, Township 50 South, Range 26 East
3) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinf! 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 Ave Maria Unit 11, Del
Webb at Ave Maria Parcels 106 & 112, approval of the standard form
Construction and Maintenance Agreement and approval of the amount
of the performance security.
Located in Section 7, Township 48 South, Range 29 East
4) Recommendation to approve Invitation to Bid (ITB) #11-5629RR
"Background Check Services" to Global HR Research and Azura
Investigations, and terminate the interim contract with Global HR
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September 27, 2011
Research (approximate annual cost: $60,000).
For various service categories that include but not limited to
motor vehicle, county and state criminal, educational and
professional license verification
5) Recommendation to waive competition and approve Agreement #10-
5553, Software License Agreement and PremierPro Support and
Maintenance Agreement with Selectron Technologies, Inc. for the
Interactive Voice Response System.
Allowing the consumer to schedule, reschedule, or cancel a
building inspection, right-of-way inspections, and certain land use
inspections
6) Recommendation to approve and authorize the Chairman to sign a
Release of Lien for the Brittany Bay Apartments, Phase I, due to the
impact fees being paid in full in accordance with the Agreement for
Deferral of 100% of Collier County Impact Fees for Multi-Family
Affordable Housing, as set forth by Section 74-401 (e) and 74-401 (g)
(5) of the Collier County Code of Laws and Ordinances.
The final payment for the impact fees was processed on
September 6, 2011
7) Recommendation to award a Construction Contract to Better Roads,
Inc. for Bid No. 11-5759 - Old U.S. 41 Intersection Improvements at
Rail Head Road, Project No. 60016, in the amount of$179,424.35
Due to the high volume of crashes, staff believes that a
southbound left-turn lane for the Rail Head Boulevard
Intersection should reduce such incidents
8) Recommendation to award Invitation to Bid (ITB) #11-5760 "Traffic
Signs and Related Materials" to various vendors in the estimated
annual amount of $75,000.
For continued maintenance of roadway signs in the County
9) Recommendation to approve Change Order #1 to ITran Partners, Inc.,
Contract No. 11-5602, in the amount of $65,254 and extend the
contract completion date by 60 days.
Replacing the existing span wire traffic signal installation to a
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September 27, 2011
steel mast arm assembly at the intersection located at Airport-
Pulling Road and Pine Ridge Road
Withdrawn (Per Agenda Change Sheet)
10) Recommendation to approve Request for Reimbursement as an
exception to the County Manager Agency Organization Code
("CMA") #5346, Reimbursement of Relocation Expenses in the
amount of $8,666.67, for Anthony Khawaja, Engineer of Traffic
Operations for the Growth Management Division.
11) Recommendation to adopt a resolution amending Resolution No.
2011- 71, which authorized the condemnation of easements necessary
for the construction of a replacement bridge on White Boulevard and
a new bridge on 23rd Street SW, both over the Golden Gate Main
Canal, together with the realignment of the intersection of White
Boulevard and 23rd Street SW. The amending resolution will correct
a scrivener's error in the location of the tract corners as depicted in the
legal descriptions and sketches. (Transportation Bridge Repair and
Replacement Program Project No. 66066.)
Resolution 2011-168
12) This item reQuires that ex parte disclosure be provided by
Commission Members. Should a hearinf! 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 Reflection Lakes at Naples _
Phase 2A, 2B, 3E and 31.
Located in Section 12, Township 51 South, Range 26 East
13) This item continued from the September 13~ 2011 BCC Meetinf!.
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of Caldecott with the
roadway and drainage improvements being privately maintained and
authorizing the release of the maintenance security.
Resolution 2011-169
14) Recommendation to authorize a $402,000 budget amendment to add
gas tax funding in Project #60116, US 41/CR 951 intersection
capacity improvements to address the resurfacing, restoration and
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September 27, 2011
rehabilitation improvements which cannot be funded with impact fees.
Moved from the Multi-Project Right-of-Way, Project #60116
Moved to Item #10M (Per Agenda Change Sheet)
15) Recommendation to direct the County Manager or his designee to
amend the Collier County Land Development Code (LDC) and Right-
of- Way Ordinance in regards to storage containers, Planned Unit
Development (PUD) Annual Monitoring Reports, specific standards
for the location of accessory buildings and structure provisions to
include Personal Storage Containers (PODS), number of dogs allowed
in residential districts, and exceptions to a Right-of-Way (ROW)
permit meeting specific criteria.
Moved from Item #10L (Per Agenda Change Sheet)
16) Recommendation to approve the Ribbon Cutting Ceremony for the
new Transit Route between Collier County and Lee County to be
known as the "LinC" and to authorize the Chairman to sign all
applicable agreements associated with use of private property for the
event scheduled for October 6, 2011. (Michelle Arnold, Director,
Alternative Transportation Modes, Growth Management Division)
B. COMMUNITY REDEVELOPMENT AGENCY
Moved to Item #13B1 (Per Agenda Change Sheet)
1) Recommendation that the Collier County Community Redevelopment
Agency (CRA) approves and executes an amendment to the
employment agreement between the CRA and David L. Jackson, the
Bayshore Gateway Triangle CRA Executive Director, extending the
term of employment four years and modifying severance terms, and
authorize the CRA Chairman to sign.
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve the Bayshore Gateway Triangle CRA' s membership and
participation in the Southwest Florida Regional Planning Council's
Brownfield Coalition, authorize the CRA Chairman to sign a Letter of
Intent, and declare participation in the coalition as serving a public
purpose. (Fiscal Impact: None)
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September 27,2011
Allowing for additional resources to assist redevelopment by
performing Phases 1 & 2 of the Environmental Assessments
3) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Sweat Equity Grant Agreement between the
CRA and a Grant Applicant within the Bayshore Gateway Triangle
area. (3179 Francis Avenue - fiscal impact $965.28)
For exterior upgrades including paint, pressure washing and new
fascia and soffits
4) Recommendation that the Community Redevelopment Agency (CRA)
approve one member of the CRA staff attend the Florida Division of
Emergency Management's Workshop on Cost Benefit Analysis: Entry
Level Training; authorize payment of attendee's lodging, travel and
per diem from the Bayshore Gateway Triangle Trust Fund (Fund 187)
travel budget; and declare training received serving a valid public
purpose.
Training is required to successfully complete and apply for
FEMA Flood Mitigation Grants
5) Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No. 2002-52, which
established the Immokalee Beautification Advisory Committee,
allowing the Immokalee Community Redevelopment Agency, through
its Executive Director, to assume administrative and management
duties of the Immokalee Beautification Municipal Service Taxing
Unit such as employing staff to assist the Committee.
As detailed in the Executive Summary
6) Recommendation for the Collier County CRA Board to approve a
CRA Resolution to amend the Fiscal Year 2011-2012 Bayshore
Gateway Triangle CRA Commercial Building and Impact Fee
Assistance Grant programs and approve the amended form of the
CRA Grant Agreements.
CRA Resolution 2011-170: Changes to the program include
Impact Fee Assistance for new construction on residential
detached single-family homes and commercial building
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September 27, 2011
improvement grants have incorporated an allocation for property
conformity issues; amended forms reflect program modifications
7) Recommendation that the Community Redevelopment Agency (CRA)
approve an amendment to the Bayshore Gateway Triangle Event
Policy and Procedures Manual that governs CRA sponsored or
coordinated event activities. (Fiscal Impact: $0) (Companion #16B8)
The modification approved by the CRA Advisory Board on
September 16, 2011
8) Request for authorization to advertise and bring back for future
consideration an ordinance amending Ordinance No 2002-38, as
amended, "The Collier County Redevelopment Grant Program
Ordinance" to create a new CRA Community Event Grant program
for the Bayshore Gateway Triangle CRA. (Companion Item #16B7)
Declaring the Grant Program as serving a valid public purpose
C. PUBLIC UTILITIES DIVISION
1) 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 $28.50 to record the Satisfaction of Lien.
Resolution 2011-171
2) Recommendation to approve Exhibit A-I Contract Amendment #3 of
the Master Agreement for Demand Side Management and Energy
Efficiency Services Agreement with Florida Power & Light Company
to change the scope of an energy conservation option and decrease the
contract amount by $148,820.02.
Collier County received grant funding from the Energy Efficiency
and Conservation Block Grant, ensuring cost containment in the
County's short and long-term financial planning
3) Recommendation to approve a Work Order in the amount of
$247,077.50 to Mitchell & Stark Construction Co., Inc., for Clearwell
and Concentrate Pump Station Rehabilitation under Contract #08-
5011 - Fixed-Term Underground Utilities Contract, Project #71002.
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September 27, 2011
Keeping in compliance and meeting demands by rehabilitating the
Pump Station
4) Recommendation to direct the County Manager or his designee to
develop an amendment to Ordinance Number 2001-73, as amended,
the Collier County Water-Sewer District Uniform Billing, Operating,
and Regulatory Standards Ordinance, to provide clarification and
revise administrative procedures.
Removing ambiguous language and updating the ordinance
5) Recommendation to approve the annual rate resolution to establish the
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling center fees, and
residential multi-family and commercial waste collection fees for
FYI2. This resolution adopts the rates that fund the FY12 budget for
solid waste collection and disposal.
Resolution 2011-172
D. PUBLIC SERVICES DIVISION
1) Recommendation to accept and authorize the Chairman to sign the FY
2011-2012 State Aid to Libraries Grant Agreement, Long Range Plan,
Technology Plan, and Current Year Action Plan, permitting the
Collier County Public Library to apply for State Aid to Libraries.
Fiscal Impact ($187,400).
These elements are required in order to receive state funding
2) Recommendation to reject solicitation (ITB) #11-5622, and the
associated proposal for the Boat Trailer Parking Lot Addition and
Boat Ramp Replacement at Port of the Islands.
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 units that have
been repaid in full.
Located at Botanical Place, Building 6, Unit 205
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September 27,2011
4) Recommendation to approve and authorize Chairman to sign a
Sovereignty Submerged Lands Easement Renewal between the
Internal Improvement Trust Fund of the State of Florida and Collier
County granting a nonexclusive easement on, under and across the
sovereignty lands.
For a parcel located in Sections 6, 7 & 8, Township 52 South,
Range 26 East, in the Gulf of Mexico, Big Marco Pass &
Caxambas Pass
5) Recommendation to approve and authorize the Chairman to sign
agreements with the Agency for Health Care Administration (AHCA)
and Physicians Regional Medical Center (PRMC) to participate in
alternative intergovernmental transfer (IGT) programs. The total
financial commitment is $2.2M which is currently budgeted.
Serving as third-party Administrator for Collier County
6) Recommendation to approve and authorize the Chairman to sign an
agreement in the amount of $237,523 with the Agency for Health
Care Administration and an agreement with Collier Health Services
(CHS) to participate in the Medicaid Low Income Pool Program.
Participation in this program will generate $301,566 in Federal
matching funds that will provide additional health services for the
people of Collier County.
For related services for the low income residents, CHS will receive
an additional $301,566 in Federal Funds for healthcare services
7) Recommendation to approve and authorize the Chairman to sign one
(1) Subrecipient Agreement in the amount of$528,122.54 with
Habitat for Humanity of Collier County using Home Investment
Partnership Program (HOME) grant funding. HOME funds for this
Single Family Rehabilitation project will be utilized for the
replacement and installation of new roofs for eligible low income
households residing in Collier County who are at or below 80% of
Median Family Income or (MFI) under HUD Income Guidelines.
Habitat for Humanity will meet the required 250/0 in match
funding ($132,030.63) for the grant
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September 27, 2011
8) Recommendation to award Invitation to Bid (ITB) #11-5770 in the
amount of $1 08,900 to Pinnacle Pool Construction, Inc., for the three
collection tank replacements at North Collier Regional Park at Sun-N-
Fun Lagoon and to authorize the necessary budget amendment.
Including all materials, labor, equipment and removal of an
existing wood frame
Moved to Item #10N (Per Agenda Change Sheet)
9) Recommendation to approve a budget amendment recognizing
$284,110.45 in revenue generated as program income when
conveying property acquired through the Neighborhood Stabilization
Program. (Fiscal impact $284,110.45)
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to waive formal competition and approve and
authorize the Chairman to execute the renewal of a Lease Agreement
for the County's Confined Space Gas Monitor System with Industrial
Scientific, Inc. in the amount of $27,044.64 per year.
Helping to detect low oxygen levels, flammable/combustible gases,
while working confined spaces
Continued to the October 11, 2011 BCC Meeting (Per Agenda Change Sheet)
2) Recommendation to approve a Revenue Commitment Contract with
Naples News Media Group to receive discounted pricing on
advertising.
3) Recommendation to adopt a resolution approving the 2012 Fiscal
Year Pay and Classification Plan inclusive of additions, deletions or
modifications from July 1, 2011 forward, and to continue authorizing
the creation of new classifications, modification and/or deletion of
classifications and assignment of pay ranges from the proposed 2012
Fiscal Year Pay and Classification Plan, using the existing "Archer"
point-factor job evaluation system, subject to a quarterly report to the
Board of County Commissioners.
Resolution 2011-173
Page 18
September 27,2011
4) Recommendation to approve and authorize the Chairman to sign the
Assumption Agreement from MACTEC Engineering and Consulting,
Inc. to AMEC E&I, Inc. for County Wide Engineering Services.
Which advised staff of the acquisition that became effective on
June 3,2011
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve Agreement #12-CP-03-09-21-01-185
between the State of Florida, Division of Emergency Management and
Collier County accepting $9,038 for the preparation of Hazard
Analysis Reports for facilities storing extremely hazardous substances
within Collier County and approve the necessary budget amendment.
Making biennial hazard analysis site visits allowing Collier
County to comply with DCA, DEM and Growth Management
Plan requirements
2) Recommendation to approve an Agreement between Collier County
and Dr. Marta U. Coburn, M.D., Florida District Twenty Medical
Examiner dba District Twenty Medical Examiner, Inc. to provide
medical examiner services for Fiscal Year 2012 with a fiscal impact
of $1 ,063,200.
Re-appointed by Rick Scott, Governor of the State of Florida
3) Recommendation to provide after-the-fact approval for the Assistance
to Firefighters Grant application that was submitted to the Federal
Emergency Management Agency for the purchase of two Carbon
Monoxide Detectors for Emergency Medical Services in the amount
of $9,800.
Detectors will be placed on North and South areas of the County
4) Recommendation to provide after-the-fact approval for the Assistance
to Firefighters Grant application that was submitted to the Federal
Emergency Management Agency for the purchase of three
replacement ambulances for Emergency Medical Services in the
amount of $560,514.
These have been on the Fleet Replacement Schedule and haven't
Page 19
September 27, 2011
been replaced due to budget constraints or deadline for submittal
was extended to September 16, 2011
Continued to the October 11, 2011 BCC Meeting (Per Agenda Change Sheet)
5) Recommendation to approve the Fiscal Year 2012 Strategic Plan for
the Naples Marco Island, Everglades Convention & Visitors Bureau.
6) Recommendation to approve the after-the-fact submittal of a Federal
Emergency Management Agency Assistance to Firefighter's Grant in
the amount of $200,928 to purchase new self-contained breathing
apparatus and portable radios for Ochopee Fire Control District.
To replace equipment that no longer meets present standards
7) Recommendation to approve and authorize the Chairman to sign FY
12 Tourism Agreements for Category B Grant Agreements totaling
$65,000; Category C-2 Grant Agreements totaling $240,000; and a
Tourism Department printing project totaling $24,000 and waive grant
application multiple year funding guidelines where appropriate.
As detailed in the Executive Summary
8) Recommendation to approve the carry forward of Tourist Tax
Emergency Advertising Funds up to $373,500 for continuing
promotion of the group meeting market in FY 12 and authorize all
necessary budget amendments.
Based on the lodging industry in Collier County; to assist the
number of group meetings held in our community
9) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2010-11 Adopted Budget.
Resolution 2011-174
10) Recommendation to authorize budget amendments appropriating
approximately $277,556,493.57 of unspent FY 2011 grant and project
budgets into Fiscal Year 2012.
As detailed in the Executive Summary
Page 20
September 27, 2011
G. AIRPORT AUTHORITY
1) Recommendation that the Board of County Commissioners review
and approve the proposed FY 2011-2012 Action Plan for Chris Curry,
Executive Director, Airport Authority.
Extending his Employment Agreement until September 30, 2013
2) Recommendation to approve and authorize the Airport Authority
Executive Director to enter into an Agreement with the Seminole
Casino at Immokalee to create a cooperative partnership aimed to
enhance general aviation and promote the casino through joint
attendance at air shows throughout the State of Florida.
An Airport Authority employee will be present daily, with the
first event scheduled for the March 27 - April 1, 2012, at the
annual Sun-n-Fly Event in Lakeland, FL
H. BOARD OF COUNTY COMMISSIONERS
1) Proclamation designating October 8, 2011 as James Garvin Day. To
be presented at an event for Mr. Garvin on October 8, 2011.
Sponsored by Commissioner Coletta.
Adopted
Added (Per Agenda Change Sheet) Approved per Ordinance 2011-17
2) Proclamation recognizing the heroic actions of Chokoloskee resident
Dwain Daniels when he rescued ninety-year old Margaret Webb who
was being attacked by an alligator. The Proclamation Designates
September 24,2011 as "Dwain Daniels Day". Per Ordinance Number
2011-17 a majority vote of the Board is required to add this document
to the agenda since it was submitted following the publication of the
printed agenda. (Sponsored by Commissioner Henning)
Adopted
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
Page 21
September 27, 2011
1) To obtain Board approval for disbursements for the period of August
27,2011 through September 2,2011 and for submission into the
official records of the Board.
2) To obtain Board approval for disbursements for the period of
September 3,2011 through September 9, 2011 and for submission
into the official records of the Board.
3) Recommendation to approve a Resolution changing the boundaries
and numeric designations of certain precincts.
Resolution 2011-175
K. COUNTY ATTORNEY
1) Recommendation to adopt a Resolution approving the County
Attorney's Office 2012 Fiscal Year Pay and Classification Plan,
which is identical to the current approved plan.
Resolution 2011-176
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 $30,000 plus $12,000 in costs and attorney fees, for the acquisition
of Parcels 108FEE and 108TCE in the Lawsuit styled Collier County,
Florida v. Lamartine Petit Monsieur, et aI., Case No. 10-2681-CA
(Collier Blvd. Project No. 68056). (Fiscal Impact: $37,600)
For the expansion of Collier Boulevard from Green Boulevard to
Golden Gate Boulevard
3) 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 $60,000 for the acquisition of Parcels 157FEE and 157TCE in the
Lawsuit styled Collier County, Florida v. Katheryn Moreno, et aI.,
Case No. 10-2741-CA (Collier Blvd. Project No. 68056). (Fiscal
Impact: $49,700)
For the expansion of Collier Boulevard from Green Boulevard to
Golden Gate Boulevard
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September 27, 2011
4) Request for authorization to advertise and bring back for future
consideration an amendment to Ordinance No. 04-12, as amended,
relating to ambulance and advanced life support services, for the
purpose of clarifying/updating certain provisions and adding a new
classification of Certificate of Public Convenience and Necessity
(COPCN) that allows non-transport Advanced Life Support services.
As detailed in the Executive Summary
5) Recommendation that the Board of County Commissioners review
and approve the proposed FY 2011 - 2012 Action Plan for Jeffrey A.
Klatzkow, County Attorney.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WmCH ARE QUASI-
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
A. DOA-PL2011-0354: Ronto Livingston DR! (aka Tuscany Reserve) -- A
Resolution amending Development Order 2000-01, Ronto Livingston DR!, a
Development of Regional Impact, providing for Section One: Addition of
Expiration Date and Extension of Buildout Date; renaming DR! to Tuscany
Reserve DR!, and changing the report to biennially; Section Two: Findings
of Fact; Section Three: Conclusions of Law; Section Four: Effect of
Previously Issued Development Order, Transmittal to DCA; and Providing
an Effective Date. The property is located in Sections 7 and 12, Township
48 South, Ranges 25 and 26 East, in Collier County, Florida.
Resolution 2011-177/Development Order 2011-04
Page 23
September 27,2011
B. This item is beinf! continued from the September 27~ 2011 BCC meetinf!
to the October 11~ 2011 BCC meetinf!. Recommendation to Approve
Growth Management Plan Amendment Petition CP-2006-11, David Torres,
for Hacienda Lakes of Naples, LLC (Adoption Hearing).
C. This item has been continued from the September 13~ 2011 BCC
meetinf! to the September 27~ 2011 BCC meetinf!~ then to the October
11~ 2011 BCC meetinf!. DRI-2006-AR-I0147: Hacienda Lakes DRI, A
Resolution of the Board of County Commissioners of Collier County,
Florida approving a Development Order for Hacienda Lakes, a Development
of Regional Impact located in Sections 11 through 14 and 23 through 25,
Township 50 South, Range 26 East, and Sections 19 and 30, Township 50
South, Range 27 East, Collier County, Florida which will allow up to 1,760
residential dwelling units including conversions to recreational vehicle park
and senior housing for independent living, assisted living and nursing care,
327,500 square feet of retail use, 70,000 square feet of professional and
medical office including a conversion of retail use to professional and
medical office, a 135-room hotel including a conversion to business park,
140,000 square feet of business park or educational facility, a public school,
and continuation of existing "Junior Deputy" passive recreation and existing
"swamp buggy" attraction; providing for Findings of Fact; providing for
Conclusions of Law; and providing an effective date. (Companion to
Petitions PUDZ-2006-AR-I0146 and CP-2006-11) [Coordinator: Kay
Deselem, AICP, Principal Planner]
D. This item is beinf! continued to the October 11~ 2011 BCC
meetinf!. PUDZ-2006-AR-I0146: Hacienda Lakes MPUD -- 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 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 Agricultural (A), Agricultural-Special Treatment Overlay
(A-ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed
Use Planned Unit Development (MPUD) zoning district for a project known
as the Hacienda Lakes MPUD that will allow a maximum of327,500 square
feet of gross retail commercial floor area; 70,000 gross square feet of
professional and medical office space including a conversion of retail use to
Page 24
September 27, 2011
professional and medical office; 135 hotel rooms including a conversion to
business park; 140,000 gross square feet of business park or education
facility; a public school; continuation of existing "swamp buggy" attraction
and "Junior Deputy" passive recreation; and a maximum of 1,760 residential
dwelling units including conversions to recreational vehicle park and senior
housing for independent living, assisted living and nursing care. The subject
property, consisting of 2,262 +/ - acres is located on the east side of Collier
Boulevard (C.R. 951) at the intersection of Collier Boulevard and
Rattlesnake-Hammock Road and north and south of Sabal Palm Road in
Sections 11, 12, 13, 14,23,24 and 25, Township 50 South, Range 26 East,
and Sections 19 and 30, Township 50 South, Range 27 East, Collier County,
Florida; providing for repeal of Ordinance Number 84-26, for swamp buggy
grounds; and by providing an effective date. (Companion to Petitions DRI-
2006-AR-I0147 and CP-2006-11)
E. Recommendation to (1) adopt four ordinances which repeal or amend certain
Collier County ordinances relating to the regulation of firearms and
ammunition in order to comply with recent amendments to Section 790.33,
Florida Statutes, which preempts all such regulatory powers to the State of
Florida effective October 1, 2011, and (2) direct staff to refer two Special
Acts dealing with firearms to the Legislative Delegation, with a request that
the Legislature review them for possible repeal.
Ordinance 2011-31: Possession and/or discharge of a firearm
Ordinance 2011-32: Concealed weapons/concealed firearm
Ordinance 2011-33: Noise control associated with discharge of a firearm
Ordinance 2011-34: Deleting the right to suspend/limit sale of fire arms
during a state of emergency
F. Recommendation to adopt a resolution approving amendments
(appropriating carry forward, transfers and supplement revenue) to the Fiscal
Year 2011-12 Adopted Budget.
Resolution 2011-178
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.
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September 27, 2011