Recap 09/25-26/2012 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
September 25-26, 2012
9:00 AM
Fred W. Coyle - BCC Chairman; Commissioner, District 4
Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Vice-Chair
Donna Fiala - BCC Commissioner, District 1; CRAB 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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September 25-26, 2012
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
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. August 24, 2012 - BCC/Emergency Meeting (Tropical Storm Isaac)
Approved as presented — 5/0
C. September 6, 2012 - BCC/Budget Hearing
Approved as presented — 5/0
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September 25-26,2012
3. SERVICE AWARDS
A. EMPLOYEE
1) 20 Year Attendees
a) Timothy Stick, Building Review & Permitting
Presented
2) 25 Year Attendees
a) David Streit, Water
Presented
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation congratulating Collier County Emergency Medical Services
for receiving accreditation from the Commission on Accreditation of
Ambulance Services (CAAS) for its compliance with national standards
of excellence. To be accepted by Robert Tober, M.D. Sponsored by
Commissioner Coyle.
Adopted — 5/0
B. Proclamation designating October 2, 2012 as Livestrong Day in Collier
County. To be accepted by Jennifer Sam, Southwest Florida Livestrong
Leader. Sponsored by Commissioner Coletta.
Adopted — 5/0
C. Proclamation recognizing and congratulating Arthrex, Inc., on receiving
the WRAP award for its continued efforts to promote waste reduction, reuse,
recycling and environmental awareness. To be accepted by Michael Dock,
CSP, EHS Manager and Rick Novak, Machine Operator and Green Team
Leader. Sponsored by the Board of County Commissioners.
Adopted — 5/0
5. PRESENTATIONS
A. Recommendation to recognize Nancy Frye, Technician, Traffic Engineering
Department, as the Employee of the Month for August, 2012.
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September 25-26, 2012
Presented
6. PUBLIC PETITIONS
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Stan Chryznowski— History of FEMA Flood Maps in Collier County
followed by Board discussion; Directing Chairman to send a letter to
county legislative representatives concerning matter— Consensus
B. Michael Ramsey — FEMA flood elevations in Golden Gate Estates
C. Doug Fee—An agreement between Collier County and Audubon
Country Club regarding their preserve management plan and
compliance on code violations
Item 8 and 9 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
9. ADVERTISED PUBLIC HEARINGS
A. This item has been continued from the June 18, 2012 BCC Meeting, then
again from the September 11, 2012 BCC Meeting. Recommendation of
Reconsideration of CP-2008-5, Petition requesting amendments to the
Immokalee Area Master Plan and Immokalee Area Master Plan Future Land
Use Map, to make revisions to the entire Master Plan to include: increases to
commercial acreage, industrial acreage, and allowable residential density;
elimination of some existing designations; creation of a new designation for
the Immokalee Regional Airport site; and, re-designation of approximately
103 acres to Immokalee Urban Area from Agricultural/Rural within the
Rural Lands Stewardship Area as identified on the countywide Future Land
Use Map. Additionally, the petition requests an amendment to Policy 6.2.5
of the Conservation and Coastal Management Element to treat that portion
of the Lake Trafford Camp Keais Strand System which is within the
Immokalee Urban Area as Neutral Lands for vegetation retention, and to the
Future Land Use Map and Map Series of the Future Land Use Element to
show the re-designation of the 103 acres to the Immokalee Urban Area.
Motion to request a 6 month extension from DEO—Approved 3/2
(Commissioner Hiller and Commissioner Henning opposed)
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September 25-26,2012
B. Time Certain 5:05 PM: Bayshore Triangle CRA Amendments and
Wellfield and related Amendments will be heard. Recommendation to
consider the following Land Development Code Amendments: An
Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance number 04-41, as amended, the Collier
County Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Findings of Fact;
Section Three, Adoption of Amendments to the Land Development Code,
more specifically amending the following: Chapter 1 — General Provisions,
including Section 1.08.02 Definitions; Chapter 2 — Zoning Districts and
Uses, including Section 2.03.01 Agricultural Zoning Districts, Section
2.03.08 Rural Fringe Zoning Districts; Chapter Three — Resource Protection,
including Section 3.05.02 Exemptions from Requirements for Vegetation
Protection and Preservation, Section 3.05.05 Criteria for Removal of
Protected Vegetation, Section 3.05.07 Preservation Standards, Section
3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields,
Section 3.06.12 Regulated Development; Chapter Four— Site Design and
Development Standards, including Section 4.02.01 Dimensional Standards
for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for
Cluster Residential Design, Section 4.02.14 Design Standards for
Development in the ST and ACSC-ST Districts, Section 4.05.02 Design
Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02
Buffer Requirements, Section 4.06.03 Landscaping Requirements for
Vehicular Use Areas and Rights-of-Way, Section 4.06.04 Trees and
Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five —
Supplemental Standards, including Section 5.03.02 Fences and Walls,
Section 5.06.02 Development Standards for Signs within Residential
Districts, Section 5.06.03 Development Standards for Signs for Institutional
Uses, Section 5.06.04 Development Standards for Signs in Nonresidential
Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six—
Infrastructure Improvements and Adequate Public Facilities Requirements,
including Section 6.02.01 Generally, Section 6.02.03 Transportation Level
of Service Requirements, Section 6.06.01 Street System Requirements,
Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter
Nine — Variations from Code Requirements, including Section 9.03.02
Requirements of Continuation of Nonconformities, Section 9.04.02 Types of
Variances Authorized; Chapter Ten —Application, Review, and Decision-
making Procedures, including Section 10.01.02 Development Orders
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September 25-26,2012
Required, Section 10.02.03 Submittal Requirements for Site Development
Plans, Section 10.02.05 Submittal Requirements for Improvements Plans,
Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07
Submittal Requirements for Certificates of Public Facility Adequacy,
Section 10.02.13 Planned Unit Development (PUD) Procedures, Section
10.03.05 Notice Requirements for Public Hearings Before the BCC, The
Planning Commission, the Board of Zoning Appeals, the EAC, and the
Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures;
Appendix A— Standard Performance Security Documents for Required
Improvements; Section Four, Conflict and Severability; Section Five,
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date.
Ordinance 2012-38 Adopted - 5/0
An Ordinance of the Board of County Commissioners of Collier County,
Florida, amending Ordinance number 04-41, as amended, the Collier County
Land Development Code, which includes the comprehensive land
regulations for the unincorporated area of Collier County, Florida, by
providing for: Section One, Recitals; Section Two, Findings of Fact; Section
Three, Adoption of Amendments to the Land Development Code, more
specifically amending the following: Chapter 1 — General Provisions,
including Section 1.08.02 Definitions; Chapter 2 —Zoning Districts and
Uses, including Section 2.03.07 Overlay Zoning Districts; Chapter Four—
Site Design and Development Standards, including Section 4.02.16 Design
Standards for Development in the BMUD-Neighborhood Commercial
Subdistrict, Section 4.02.17 Design Standards for Development in the
BMUD-Waterfront Subdistrict, Section 4.02.18 Design Standards for
Development in the BMUD-Residential Subdistrict (R1), Section 4.02.19
Design Standards for Development in the BMUD-Residential Subdistrict
(R2), Section 4.02.20 Design Standards for Development in the BMUD-
Residential Subdistrict (R3), Section 4.02.21 Design Standards for
Development in the BMUD-Residential Subdistrict (R4), Section 4.02.35
Design Standards for Development in the GTMUD-Mixed Use Subdistrict
(MXD), Section 4.02.36 Design Standards for Development in the GTMUD-
Residential Subdistrict (R); Chapter Ten—Application, Review, and
Decision-making Procedures, including, Adding Section 10.02.15 Mixed
Use Project Procedures within the Bayshore Gateway Triangle
Redevelopment Area; Section Four, Conflict and Severability; Section Five,
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September 25-26,2012
Inclusion in the Collier County Land Development Code; and Section Six,
Effective Date.
Motion to approve CRA Amendments— Failed 3/2 (Commissioner
Hiller and Commissioner Henning opposed); Motion to reconsider—
Approved 4/1 (Commissioner Hiller opposed); Motion to accept CRA
LDC amendments except nonconformities —Approved 4/1
(Commissioner Hiller opposed); Motion to approve Wellfield
Amendments—Approved 4/1 (Commissioner Hiller opposed)
Ordinance 2012-39 Adopted w/changes - 5/0 (Bayshore CRA and
Wellfield Amendments)
10. BOARD OF COUNTY COMMISSIONERS
To be heard immediately before Item #14A1 (Per Agenda Change Sheet)
A. Request for reconsideration by Commissioner Hiller of Item #14A1 from
the September 11, 2012 BCC Meeting titled: Recommendation to approve
after-the fact acceptance of a Federal Aviation Administration (FAA) grant
offer of$713,565 for design, permitting and bidding of Runway #9-27
pavement restoration at the Immokalee Regional Airport, and associated
budget amendments.
Motion to reconsider— Failed 2/3 (Commissioner Fiala, Commissioner
Coyle and Commissioner Coletta opposed); Commissioner Hiller wants
her vote on 9/11/2012, Item #14A1 changed to a "No" vote.
B. Request for reconsideration by Commissioner Henning of Item #9A from
the September 11, 2012 BCC Meeting titled: Recommendation of
Reconsideration of CP-2008-5, Petition requesting amendments to the
Immokalee Area Master Plan and Immokalee Area Master Plan Future Land
Use Map, to make revisions to the entire Master Plan to include: increases to
commercial acreage, industrial acreage, and allowable residential density;
elimination of some existing designations; creation of a new designation for
the Immokalee Regional Airport site; and, re-designation of approximately
103 acres to Immokalee Urban Area from Agricultural/Rural within the
Rural Lands Stewardship Area as identified on the countywide Future Land
Use Map. Additionally, the petition requests an amendment to Policy 6.2.5
of the Conservation and Coastal Management Element to treat that portion
of the Lake Trafford Camp Keais Strand System which is within the
Immokalee Urban Area as Neutral Lands for vegetation retention, and to the
Future Land Use Map and Map Series of the Future Land Use Element to
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September 25-26,2012
show the re-designation of the 103 acres to the Immokalee Urban Area.
(This item was continued from the September 11, 2012 BCC Meeting and
appears on this agenda as Item #9A)
Motion to reconsider - Failed 2/3 (Commissioner Fiala, Commissioner
Coletta and Commissioner Coyle opposed)
C. Appointment of members to the Immokalee Beautification MSTU Advisory
Committee.
Resolution 2012-171: Reappointing Norma Ramirez and Maria V. Ortiz
— Adopted 5/0
D. Appointment of members to the Affordable Housing Advisory Committee.
Resolution 2012-172: Reappointing Christian Davis (in local
government jurisdiction) Patricia C. Fortune (for-profit housing
provider) and Appointing Alan Hamisch (low-income advocate with the
term expiring November 8, 2014) —Adopted 5/0
E. Appointment of member to the Collier County Planning Commission.
Declared a vacancy on the Planning Commission
F. Appointment of member to the Environmental Advisory Council
Resolution 2012-173: Appointing Gary McNally (Non-technical
member) —Adopted 5/0
G. Appointment of two Board of County Commissioners to the Value
Adjustment Board, with one Commissioner to act as Chairman. The
remaining Commissioners to serve as alternates.
Resolution 2012-174: Appointing Commissioner Hiller and
Commissioner Coyle with remaining Commissioners to serve as
Alternates — Adopted 5/0
H. Recommendation to appoint a County Commissioner to serve on the
Southwest Florida Regional Planning Council.
Resolution 2012-175: Appointing Commissioner Henning—Adopted 5/0
To be heard at 1:05 p.m. (Per Agenda Change Sheet)
I. To give the Board of County Commissioners an update on the RESTORE
Act Meeting held on September 19, 2012 - Commissioner Fiala.
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September 25-26,2012
Motion for County Attorney to draft interlocal agreement with
consortium —Approved 4/1 (Commissioner Hiller opposed);
Motion to appoint Commissioner Fiala as primary representative and
secondary person to be recommended by County Manager— Approved
3/2 (Commissioner Henning and Commissioner Hiller opposed)
Wednesday, September 26, 2012
J. The annual performance appraisal of the Executive Manager to the Board of
County Commissioners.
Motion to direct County Attorney to find a resolution to Mr. Mitchell's
request—Approved 4/1 (Commissioner Hiller opposed);
Motion for the County Manager to bring back several options for
considerations—Approved 5/0
K. Consideration of an impending vacancy on the Collier County Planning
Commission for the District 5 Representative.
Motion to advertise the vacancy and bring back at the second meeting
in October - Approved 5/0
11. COUNTY MANAGER'S REPORT
A. Recommendation to award Agreement #12-5901 for Construction
Engineering and Inspection (CEI) and Related Services for US41 &
SR/CR 951 Intersection Improvements and SR951 (Collier Boulevard)
3R Improvements"; to Atkins, North America, Inc.: Project No. 60116,
Fiscal Impact $1,748,086.25. (Marlene Messam, Growth Management
Sr. Project Manager)
Approved — 5/0
B. Recommendation to award a construction contract in the amount of
$1,381,990.36 to Bonness, Inc. and reserve 10% ($138,199.04) on the
purchase order for contingency, for a total of$1,520,189.40 for ITB
#12-5946 "LASIP Outfalls 3 and 4 Canals Stormwater Improvements",
Project No. 51101. (Jay Ahmad, Transportation Engineering Director)
Approved — 5/0
C. This item to be heard at 10:00 a.m. Recommendation to approve an
Emergency Truck Haul beach renourishment for a portion of Vanderbilt
and Naples beaches; approve a six year design and permitting plan for the
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September 25-26,2012
FY2013/14 Vanderbilt, Park Shore and Naples beach renourishment; and
direct the County Manager or designee to review the scope of the Marco
Island Beach re-nourishment and discuss options with the Coastal Advisory
Committee (CAC), Tourist Development Council (TDC) and Marco Island
with respect to a commensurate level of renourishment consistent with
county wide funding reductions. (Bill Lorenz, Growth Management
Comprehensive Planning Director)
Motion for staff to pursue bids for three methods of receiving sand for
the renourishment for sand harvesting and six year renourishment
instead of a ten year—Approved 5/0; Motion to approve staff s
recommendations regarding South Marco Island Beach renourishment
plan (6 year) —Approved 5/0
Withdrawn (Per Agenda Change Sheet)
D. This is a quasi-judicial hearing. This item requires that ex parte disclosure be
provided by commission members and all participants are required to be
sworn in. Recommendation to hear testimony from American Medical
Transport and the public to determine the need for an additional Class 2
post-hospital inter-facility transport ambulance transfer service in Collier
County. (Dan Summers, Bureau of Emergency Services)
Withdrawn (Per Agenda Change Sheet)
E. Recommendation to approve Site Improvement Plan and authorize the Chair
to sign the Compliance Agreement for the Star Mobile Home Park located at
1507 Immokalee Drive, Immokalee, Florida. (Diane Flagg, Code
Enforcement Director)
F. Recommendation to approve purchase of Group Dental Insurance through
Cigna Dental Plan, Inc. for a two year period effective January 1, 2013 for
an estimated annual premium of$1,626,697, a reduction of$103,824. (Jeff
Walker, Risk Management Director)
Approved — 5/0
G. Recommendation to approve the purchase of Liability, Automobile,
Workers' Compensation, Flood, Aircraft, Airport and other insurance
coverage and services for FY 2013 in the annual amount of$1,325,228,
a reduction of$37,923. (Jeff Walker, Risk Management Director)
Approved — 5/0
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September 25-26,2012
Wednesday, September 26, 2012
H. Recommendation to complete the Annual Performance Appraisal for the
County Manager. (Leo E. Ochs, Jr., County Manager)
Motion to accept performance evaluation —Approved 5/0; Motion to
give a 10% merit pay increase—Approved 3/2 (Commissioner Hiller
and Commissioner Henning opposed)
Wednesday, September 26, 2012
I. Recommendation the Board of County Commissioners indicates its intent
to extend the County Manager Employment Agreement with Leo E. Ochs,
Jr., fixing the end date of the first extension term as September 30, 2015,
and amending the Agreement to comport with Ch. 2011-143, Florida
Statutes. (Leo E. Ochs, Jr., County Manager)
Approved — 4/1 (Commissioner Hiller opposed)
Moved from Item #16A7 (Per Agenda Change Sheet)
J. Recommendation to accept a schedule to review past staff clarifications of
the Land Development Code (LDC) and to accept specific Staff
Clarifications attached to this Executive Summary.
Motion to remand back to the CCPC for review—Approved 5/0
Added (Per Agenda Change Sheet)
K. Recommendation to continue the Fiscal Year 2012 Pay and Classification
Plan for the Board of County Commissioners and Office of the County
Attorney into Fiscal Year 2013, allowing for final revisions to the proposed
Fiscal Year 2013 plan which will be brought forward for consideration at the
Board meeting of October 9, 2012.
Resolution 2012-176 Adopted — 5/0
Moved from Item #16D9 (Per Agenda Change Sheet)
L. Recommendation to comply with a Housing and Urban Development (HUD)
payback disbursement directive of Federal Funds in the amount of$500,000
for a Community Development Block Grant (CDBG) project sub-awarded to
Habitat for Humanity (HFH) and authorize any necessary budget
amendments.
Approved — 5/0
12. COUNTY ATTORNEY'S REPORT
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September 25-26,2012
A. 11:30 a.m. Time Certain. This item to be heard immediately precedinj' the
Closed Attorney-Client Session. That the Board consider a Settlement
Agreement in the lawsuits entitled, Francis D. Hussey, Jr., et al. v. Collier
County, et al., Second District Court of Appeal Case No. 2D11-1224; and
Sean Hussey, et al. v. Collier County, et al., Second District Court of Appeal
Case No. 2D11-1223., and authorize the Chairman to execute the Settlement
Agreement.
Discussed and preceded to closed session
B. 12:00 Noon. 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, SEPTEMBER 25, 2012. The session will be
held at a time certain of 12:00 noon, in the Commission's Office 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, and County
Attorney Jeffrey Klatzkow will be in attendance. The Board in Closed
Executive Session will discuss: Strategy session related to settlement
negotiations and litigation expenditures in the pending cases of: Francis D.
Hussey, Jr., et al. v. Collier County, et al., Second District Court of Appeal
Case No. 2D11-1224; Sean Hussey, et al. v. Collier County, et al., Second
District Court of Appeal Case No. 2D11-1223.
Closed Session
C. 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: Francis D. Hussey, Jr., et al. v. Collier County, et al., Second
District Court of Appeal Case No. 2D11-1224; Sean Hussey, et al. v. Collier
County, et al., Second District Court of Appeal Case No. 2D11-1223.
Motion to send to CCPC for review with no limitations on their
recommendations—Approved 5/0
Wednesday, September 26, 2012
D. The Annual Performance Appraisal for the County Attorney.
Motion to accept performance appraisal— Approved 5/0
Wednesday, September 26, 2012
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September 25-26,2012
E. Recommendation that the Board of County Commissioners reviews and
approves the proposed FY2012 - 2013 Action Plan for Jeffrey A. Klatzkow,
County Attorney.
Approved — 5/0
Wednesday, September 26, 2012
F. Recommendation the Board of County Commissioners indicates its intent
to extend the County Attorney Employment Agreement with Jeffrey A.
Klatzkow, fixing the end date of the second extension term as September 30,
2015, and amending the Agreement to comport with Ch. 2011-143, Florida
Statutes.
Approved —3/2 (Commissioner Hiller and Commissioner Coyle
opposed)
13. OTHER CONSTITUTIONAL OFFICERS
A. This item continued from the July 24, 2012 BCC Meeting.
Recommendation to approve and authorize the Chairman to sign an
Agreement Authorizing the Collier County Sheriff's Office to have Traffic
Control Jurisdiction over Private Roads within the Valencia Lakes
Subdivision.
Approved — 5/0
B. Recommendation to discuss Item #11E from the Board's September 11,
2012 agenda regarding "Wastewater Basin Program" contracts.
Motion to continue to the October 9, 2012 Meeting—Approved 5/0
14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
1) Recommendation to approve the Selection Committee rankings for
RFP #12-5885 for Engineering Consulting Services for the Design,
Permitting and Bid of Immokalee Regional Airport and Marco Island
Executive Airport Runway Rehabilitation and direct staff to bring a
negotiated contract to the Board for subsequent approval.
Approved —3/2 (Commissioner Hiller and Commissioner Henning
opposed)
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September 25-26, 2012
B. COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
No Discussion
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 — 5/0
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to approve Change Order No. 4 to Contract
#09-5278 for an additional 942 days with Stanley Consultants, Inc.,
for Design & Related Services for the Intersection Capacity
Improvements to US 41 and SR/CR 951 Intersection and Resurfacing,
Restoration and Rehabilitation (3R) roadway improvements to SR951;
Project#60116; Fiscal Impact: $0.00.
FDOT and staff have agreed project phases should be contracted
simultaneously to allow flexibility between different funding
sources and with construction anticipated to begin in FY14
2) Recommendation to approve an Adopt-A-Road Program Agreement
for Devonshire Boulevard from Santa Barbara Boulevard to Radio
Road for the volunteer group, The Peppe Fox Partners.
This is a month-to-month and an at-will agreement
3) Recommendation to approve the release of lien in the amount of
$3,612.29 for payment of$562.29, in the Code Enforcement Action
entitled Board of County Commissioners vs. Palmira Munoz, Code
Enforcement Case Number CESD20100018348, relating to property
located at 2051 44th Terrace SW, Collier County, Florida.
Based on 14-days of accrued fines for an unpermitted shed
brought into compliance in April, 2011
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September 25-26,2012
4) Recommendation to authorize a budget amendment to recognize
revenue for projects within the Transportation Supported Gas Tax
Fund (313) in the amount of$74,159.20 and to authorize a refund of
$11,272.35 from the Countywide Pathways fund.
Revenue collected as payment-in-lieu, review fees and fair share
payments and refunding Ashley Rentals, LLC for payment-in-lieu
for a project that was subsequently cancelled
5) Recommendation to grant final approval of private roadway and
drainage improvements for the final plat of Valencia Lakes —Phase
4-A, PPL-AR3124 with roadway and drainage improvements being
privately maintained and authorizing the release of the maintenance
security and acceptance of the plat dedications.
Resolution 2012-164
6) This item requires that ex parte disclosure be provided by
Commission members. Should a hearing be held on this item, all
participants are required to be sworn in. Recommendation to
approve recording the final plat of Piacere —Pavia, Tract FD2 Replat,
Application Number PL20120001564.
The Developer must have a Certificate of Adequate Public
Facilities prior to issuance of the final approval letter and plat
recordation
Moved to Item #11J (Per Agenda Change Sheet)
7) Recommendation to accept a schedule to review past staff
clarifications of the Land Development Code (LDC) and to accept
specific Staff Clarifications attached to this Executive Summary.
8) Recommendation to declare Fisher Scientific as sole source vendor
and request authorization to purchase a Dionex Ion Chromatogram
Capillary System in the amount of$58,270.53 for the Natural
Resources Department.
Replacing an outdated machine to save staff time and improve
accuracy in the testing of drinking,waste & environmental water
9) Recommendation to ratify the County Manager's determination of the
existence of a local shoreline emergency at the Pelican Bay Southern
Beach Facility in the vicinity of FDEP Monument R-41 and to allow
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September 25-26,2012
temporary emergency mitigation and repair activities without
requiring a Florida Department of Environmental Protection permit.
The Pelican Bay Foundation will incur costs for the emergency
repair to temporarily stabilize a bank at Clam Pass Beach that
has significantly shifted over the past two to three weeks
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation to approve Contract#12-5863 between the Collier
County Community Redevelopment Agency (CRA) and URS to
perform Construction Engineering Inspection (CEI) Services for the
Immokalee Downtown Stormwater Improvement Project. (Fiscal
Impact: $67,950).
In accordance with CDBG Grant #10DB-D4-09-21-01-K09,
Project #33130
2) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Lease Agreement with Smith Plastering,
Inc., permitting them to operate a local, owner operated business on
CRA owned property located at 1991 Tamiami Trail East, in the
Gateway Mini-Triangle.
For the term September 25, 2012 to September 25, 2014 at the
rate of$1,500 month that increases 3% a year and includes a
(1) year extension provision
3) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Site Improvement Grant Agreement that is
financially assisted by a Fifth Third Bank grant award between the
CRA and a Grant Applicant within the Bayshore Gateway Triangle
area. ($2,443.41)
For a sliding glass door and window replacement on residential
property at 2631 Shoreview Drive, Naples
4) Recommendation for the Community Redevelopment Agency (CRA)
to approve and execute a Site Improvement Grant Agreement that is
financially assisted by a Fifth Third Bank grant award between the
CRA and a Grant Applicant within the Bayshore Gateway Triangle
area. ($853.37)
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September 25-26,2012
To replace stucco and wood and for a new fence on residential
property at 2579 Shoreview Drive, Naples
C. PUBLIC UTILITIES DIVISION
Withdrawn (Per Agenda Change Sheet)
1) Recommendation to approve a time and materials contract with
Agnoli Barber & Brundage in the not-to-exceed amount of$243,631
for Request for Proposal #12-5883, "Master Pumping Station 312
Professional Services During Construction," Project Number 72549.
2) Recommendation to approve the annual rate resolution to establish
fees, rates, and charges for the use of Collier County Solid Waste
Facilities, including landfill tipping fees, recycling drop-off center
fees, and residential multi-family and commercial waste collection
fees for FY13. This resolution adopts the rates that fund the FY13
Budget for solid waste collection and disposal.
Resolution 2012-165
3) Recommendation to approve a contract with Johnson Engineering,
Inc., in the not-to-exceed amount of$234,470 for Request for
Proposal #12-5919, "Utility Design Engineering Services ,U.S. 41
from CR951 to Greenway Road", Project Numbers 70045 and 73045.
Relocating water and wastewater infrastructure in the area to
accommodate the FDOT road widening project
D. PUBLIC SERVICES DIVISION
1) Recommendation to recognize the transfer of responsibilities as Lead
Agency from Collier County Housing, Human and Veteran Services
(HHVS) to Collier County Hunger and Homeless Coalition (HHC) as
they are designated the Collaborative Applicant/Lead Agency for the
purposes of submitting Continuum of Care grant applications to the
U.S. Department of Housing and Urban Development.
The recently HEARTH Act (Homeless Emergency Assistance &
Rapid Transition to Housing) passed by Congress eliminates the
lead agency role and places new guidance on membership and
structure of continuum of care programs nationwide
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September 25-26, 2012
2) Recommendation to authorize the Chairman to sign Agreement
#12-5944, Child Advocacy Agreement for Mandated Services with
the Collier County Child Advocacy Council, Inc., to provide for
mandated services identified under Florida Statute 39.304(5).
The agreement will have a fiscal impact of$70,000.
Providing initial medical exams for allegedly abused, neglected,
or abandoned children in the county for a 1-year period beginning
October 1, 2012 and includes three (3) 1-year renewal options
3) Recommendation to accept Library Services and Technology Act
(LSTA) Grant "Collier Connects" funds in the amount of$27,154;
a partial match contribution from Friends of the Library in the amount
of$3,800; approve balance of local match from the Libraries General
Fund (001) in the amount of$11,373, approve E-Government Policy
and Library partnership with Access Florida.
Funds used to purchase computer equipment, supplies and
contract trainers that will teach computer skills at the Immokalee,
East Naples and Estates Branch Libraries
4) Recommendation to approve and execute a five-year Joint
Participation Agreement (JPA) with Florida Department of
Transportation in the amount of$1,776,556 under State Transit
Block Grant Program Contract #AQQ 16 providing for State funding
for eligible Collier County public fixed-route transit administrative,
management and operational expenses in the amount of$888,278 as
well as a FY2012/2013 local match in the amount of$888,278.
Resolution 2012-166
Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet)
5) Recommendation to accept the Conservation Collier Annual Report.
Continued to the October 9, 2012 BCC Meeting (Per Agenda Change Sheet)
6) Recommendation to approve and authorize the Chairman to execute a
Resolution repealing Resolution No. 2009-296 and establishing a
revised Collier County Public Library Fees and Fines Schedule.
7) Recommendation to award Bid #12-5900 to Quality Enterprises USA,
Inc., in the amount of$594,692.86 for the construction contract of the
Bayview Park Phase II & III Project No. 80060, authorize budget
Page 18
September 25-26,2012
amendments totaling $369,355.83 and authorize the Chairman to sign
the County Attorney approved contract.
Work includes modification, upgrades and increase to the number
of parking spaces; electrical service, lighting & landscape and
stormwater drainage improvements
8) Recommendation to approve the award of Contract#12-5868 in the
amount of$359,745 and authorize the Chairman to execute an
agreement with Q. Grady Minor and Associates, P.A., for "On-Call
Construction Engineering and Inspections (CEI) and Related
Services" for the Gordon River Greenway Park, Goodlette-Frank and
Golden Gate Parkway, Project Number 80065.
Overseeing construction on the estimated $9 million project
Moved to Item #11L (Per Agenda Change Sheet)
9) Recommendation to comply with a Housing and Urban Development
(HUD) payback disbursement directive of Federal Funds in the
amount of$500,000 for a Community Development Block Grant
(CDBG) project sub-awarded to Habitat for Humanity (HFH) and
authorize any necessary budget amendments.
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve an Amendment to the Antenna Site
Agreement with SBA Towers II, LLC, related to the communications
tower Agreement for the County's SafePoint Location System, a
component of the County's 800 MHz public safety radio network, at a
first year's estimated utility cost of$540.
Leasing a portion of a site at 19665 Immokalee Road, Immokalee
2) Recommendation to approve a budget amendment in the amount of
$2,890,000 from Fund 517, Group Health and Life Insurance
Reserves, to pay anticipated claim expenses for remainder of FY12.
Claims paid were higher than those forecasted in FY12 due to
eleven (11) catastrophic claims exceeding $3,200,000
3) Recommendation to approve and authorize the Chairman to sign
an Assumption Agreement from Road Safe Traffic Systems, Inc.
Page 19
September 25-26,2012
to McShea Contracting, LLC, as it relates to Contract #10-5410,
"Roadway Paint, Thermoplastic Markings and Raised Markers".
Staff was notified by RoadSafe that they were terminating work
in South Florida
4) Recommendation to approve an amendment to the Agreement for
Medical Examiner Services which will extend the term of the
Agreement to September 30, 2013, amend the operating cost, as
well as costs relating to Information Technology and General,
Property, and Liability insurances for FY2013.
Extends the agreement with Dr. Marta U. Coburn, M.D. and
provides $1,077,800 for costs associated with the ME Office
F. COUNTY MANAGER OPERATIONS
1) Recommendation to acknowledge receipt of the Workforce Services
Plan, submitted by the Southwest Florida Workforce Development
Board, Inc.
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2011-12 Adopted Budget.
Resolution 2012-167
3) Recommendation to approve, and authorize the Chairman to sign, a
one-year extension to the Memorandum of Understanding between
the Collier County Board of County Commissioners and the Early
Learning Coalition of Southwest Florida, Inc., to provide funding in
the amount of$75,000 in Fiscal Year 2013.
G. AIRPORT AUTHORITY
Withdrawn (Per Agenda Change Sheet)
1) Recommendation to approve a License Agreement with United Circus
Operating Co., Inc. d/b/a The Kings Bros. Circus at the Immokalee
Airport for a one (1) day circus event.
H. BOARD OF COUNTY COMMISSIONERS
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September 25-26,2012
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving as a Valid Public Purpose.
She attended the East Naples Merchant Association's cocktail party
September 15, 2012. The sum of$20 to be paid from Commissioner
Fiala's travel budget.
Held at The Classics Country Club in Lely Resort
MISCELLANEOUS CORRESPONDENCE
1) Miscellaneous correspondence to file with action as directed.
Document(s) have been routed to all Commissioners and are available
for review in the BCC office until approval.
2) Advisory Board minutes and agendas to file with action as directed.
Document(s) have been routed to all Commissioners and are available
for review in the BCC office until approval.
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
September 1, 2012 through September 7, 2012 and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to approve and authorize the Chairman to execute a
Settlement and Judgment Agreement Order prior to trial in the lawsuit
entitled Board of County Commissioners Collier County v. Jeffrey
Lillard, filed in the Twentieth Judicial Circuit in and for Collier
County, Florida. (Case No. 11-03359 -CC) for the sum of$2,844.75.
For May, 2011 vehicle damage to a light pole on Bayshore Drive
2) Recommendation to approve and authorize the Chairman to execute a
mediated Settlement Agreement prior to trial in the lawsuit entitled
Simina Moldovan v. Collier County, and Collier County, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida (Case
No. 09-4781-CA) for the sum of$1,200.
For a March, 2008 rollerblading accident at Eagle Lakes Park
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September 25-26,2012
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 hearing be held on this item, all participants are
required to be sworn in. PUDZ-PL20 1 1 0000406: Brynwood Center --
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 comprehensive zoning
regulations for unincorporated area of Collier County, Florida, by amending
the appropriate zoning atlas map or maps by changing zoning classification
of the herein described real property from an Agricultural (A) zoning district
with an "ST" overlay to a Commercial Planned Unit Development (CPUD)
zoning district for a project to be known as the Brynwood Center CPUD to
allow construction of a maximum of 145,000 square feet of retail and office
uses which include a maximum of 25,000 square feet of retail and a
maximum of 60,000 square feet of medical office uses. Also permitted are
hotel and motel uses at 20 units per acre and group housing (assisted living
facility and independent living units) at a floor area ratio of 0.6. For each
acre of group housing or hotel or motel use, 12,083 square feet of retail or
office use shall be subtracted from the total amount of allowable commercial
square footage. The project is located on the south side of Pine Ridge Road,
approximately 980 feet east of the intersection of Livingston Road and Pine
Ridge Road in Section 18, Township 48 South, Range 26 East, Collier
County, Florida consisting of 13.65± acres; and providing an effective date.
Ordinance 2012-37
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September 25-26,2012
B. This item requires that ex parte disclosure be provided by Commission
members. Should a hearing be held on this item, all participants are
required to be sworn in. VA-PL20110002627: Donald Gray Variance -
A Resolution of the Board of Zoning Appeals of Collier County, Florida,
relating to Petition Number VA-PL2011-2627, for a variance from Land
Development Code Sections 4.02.03 and 5.03.06.E.5 to permit a reduced
riparian side-yard setback from 7.5 feet to 0 feet on the west side of the
subject property and a reduced riparian side yard setback from 7.5 feet to
1.55 feet on the east side of the subject property located on Lot 6, Block G
of the Little Hickory Shores Subdivision in Section 5, Township 48 South,
Range 25 East in Collier County, Florida.
Resolution 2012-168
Withdrawn (Per Agenda Change Sheet)
C. Recommendation to adopt proposed changes to Ordinance No. 91-65, of the
Affordable Housing Advisory Committee Ordinance to incorporate statutory
requirements and otherwise clarify terms.
D. Recommendation to adopt a resolution approving amendments
(appropriating carry-forward, transfers and supplemental revenue) to the
Fiscal Year 2011-12 Adopted Budget.
Resolution 2012-169
E. Recommendation to adopt a resolution approving amendments
(appropriating carry-forward, transfers and supplemental revenue) to the
Fiscal Year 2012-13 Adopted Budget.
Resolution 2012-170
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 25-26,2012