Recap 01/08-09/2013 RCOLLIER 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
January 8 -9, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman, Commissioner, District 2
Tom Henning - BCC Vice - Chairman, Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5 (Elected CRAB Vice - Chairman)
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 -249 REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING
BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY
Page 1
January 8 -9, 2013
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 Michael Bannon - Crossroads Community Church of Naples
2. AGENDA AND MINUTES
A. Approval of today's regular agenda as amended.
Approved and /or Adopted with changes — Approved 510
B. Approval of today's Consent Agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Approved and /or Adopted with changes — Approved 510
Page 2
January 8-9,2013
C. Approval of today's Summary Agenda as amended (Ex Parte Disclosure
provided by Commission members for consent agenda.)
Approved as presented — Adopted 510
D. November 13, 2012 - BCC/Regular Meeting
Approved as presented — Approved 510
E. Selection of Chairman and Vice - Chairman
Motion for Commissioner Hiller to continue as Chairwoman —
Approved 510;
Motion for Commissioner Henning to continue as Vice - Chairman —
Approved 510
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion taken to Adopt All Proclamations)
A. Proclamation designating January 2013 as Make A Wish Month in Collier
County. To be accepted by Reg Buxton, President's Council Chair, Collier
County and Sandra Buxton, Co- Chair. Sponsored by Commissioner Coyle.
Adopted — 510
B. Proclamation congratulating Arthrex, Inc. for its recognition as a Top Job
Creator at the 2012 Governor's Innovators in Business Awards Ceremony.
To be accepted by representatives from Arthrex. Sponsored by
Commissioner Henning.
Adopted — 510 (Proclamation will be delivered as representatives from
Arthrex were not in attendance)
C. Proclamation celebrating the 150th Anniversary of the Morrill Act, which
created the University land -grant system. To be accepted by Bryan Fluech,
Collier County Extension Director/Florida Sea Grant Extension Agent and
Dr. Charles Vavrina, Ph.D., District Extension Director. Sponsored by the
Board of County Commissioners.
Adopted — 510
D. Proclamation designating 2013 as "Viva Florida 500" in recognition of the
500th Anniversary of the European Discovery of Florida. To be accepted by
Page 3
January 8 -9, 2013
Ron Jamro, Director of the Collier County Museums; Bridgette van den
Hove Smith, Regent, Big Cypress Chapter of the Daughters of the American
Revolution; and Consul - Generals of France, Spain, and the United
Kingdom. Sponsored by the Board of County Commissioners.
Adopted — 5/0
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for January 2013
to the Naples Soap Company. To be accepted by Deanna Renda, President
and Patrick Renda, COO.
Presented
6. PUBLIC PETITIONS
Withdrawn (Per Agenda Change Sheet)
A. This item continued from the November 13, 2012 BCC MeetinE. Public
Petition request from Mr. Edward Dunphy regarding a process to reduce
hauling and landfill expenses.
B. Public Petition request from Thomas Graham regarding landscape plan
submitted by Riverchase Shopping Center.
Motion to bring back to January 22, 2013 BCC Meeting — Approved 510
C. Public Petition request from Patrick White regarding June 26, 2012 approval
of Item # 17C titled: Recommendation to consider a Resolution of the Board
of Zoning Appeals of Collier County, Florida determining a tire store with
minor automotive repairs is a comparable and compatible land use to other
permitted uses, and therefore, is a permitted use within the Business District
designated area of the Creekside Commerce Park CPUD, as authorized in
Section 4.3.A.14 of Ordinance 06 -50. The subject property is located in
Section 27, Township 48 South, Range 25 East, Collier County, Florida.
Motion to deny— Approved 4/1 (Commissioner Hiller opposed)
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Jim Johanson — Regarding planning and zoning of Collier's Reserve
Page 4
January 8 -9, 2013
B. Bob Krasowski — Regarding e-mail from the Naples Mayor in support
of "traditional" dredging
Items 8 to be heard no sooner than 1:00 Dm unless otherwise noted
8. BOARD OF ZONING APPEALS
Items 9 to be heard no sooner than 1:00 nm unless otherwise noted
9. ADVERTISED PUBLIC HEARINGS
Wednesday, January 9, 2013
A. Recommendation to approve the 2012 Cycle of Growth Management Plan
Amendments for transmittal to the Florida Department of Economic
Opportunity for review and objections, recommendations and comments
(ORC) response. (Transmittal Hearing) (Companion to Agenda Item # 17.13.,
SE- PL20120002580, Gordon River Greenway Park Scrivener's Error)
Resolution 2013 -13 Adopted — 510 (CP- 2012 -01)
Resolution 2013 -14 Adopted — 510 (CP- 2012 -03)
Wednesday, January 9, 2013
B. This item continued from the December 11, 2012 BCC Meetin
Recommendation to review and adopt Proposed Amendments to the Collier
County Growth Management Plan, Ordinance 89 -05, as Amended, based
upon the Collier County Evaluation and Appraisal Report adopted in 2011
and the Florida Department of Economic Opportunity Objections,
Recommendations and Comments Report on the Amendments, and Transmit
the Amendments to the Florida Department of Economic Opportunity.
One Motion was taken to adopt the following:
Ordinance 2013 -03 (Capital Improvement)
Ordinance 2013 -04 (Transportation Element)
Ordinance 2013 -05 (Sanitary Sewer Sub - Element)
Ordinance 2013 -06 (Potable Water Sub - Element)
Ordinance 2013 -07 (Drainage Sub - Element)
Ordinance 2013 -08 (Solid Waste Sub - Element)
Ordinance 2013 -09 (Natural Ground Water Sub - Element)
Ordinance 2013 -10 (Housing Element)
Ordinance 2013 -11 (Recreation & Open Space Element)
Page 5
January 8 -9, 2013
Ordinance 2013 -12 (Conservation & Coastal Management Element)
w /withdrawal of map
Ordinance 2013 -13 (Intergovernmental Coordination Element)
Ordinance 2013 -14 (Future Land Use Element) w /updated map and
correcting names
Ordinance 2013 -15 (Golden Gate Area Master Plan)
Ordinance 2013 -16 (Economic Element)
Ordinance 2013 -17 (Public School Facilities Element)
Adopted w /changes — 510
C. Recommendation to approve a "small- scale" amendment to the Golden Gate
Area Master Plan Element of the Growth Management Plan, Ordinance
89 -05, as amended, for transmittal to the Florida Department of Economic
Opportunity. (Adoption Hearing)
Motion to continue to the February 12th BCC Meeting — Approved 510
10. BOARD OF COUNTY COMMISSIONERS
A. Re- appointment of members to the Ochopee Fire Control District Advisory
Committee.
Resolution 2013 -10: Re- appointing Joel A. Davis and Ronald Gilbert
Adopted — 510
B. Appointment of member to the Board of Building Adjustments and Appeals.
Resolution 2013 -11: Appointing Bradley Schiffer — Adopted 510
C. Recommendation to appoint a County Commissioner to serve on the
Southwest Florida Regional Planning Council.
Resolution 2013 -11A: Appointing Commissioner Nance — Adopted 510
Wednesday, January 9, 2013
D. Recommendation to adopt a Resolution terminating the Employment
Agreement with the Executive Manager to the Board of County
Commissioners. (This item was approved for reconsideration at the
December 11, 2012 BCC Meeting.)
Motion to rescind the resolution of termination and for the County
Attorney to discuss additional options and the confidentiality agreement
with Mr. Mitchell — Approved 4/1 (Commissioner Henning opposed)
Page 6
January 8 -9, 2013
E. Recommendation to discuss Item #I I from the Board's September 11,
2012 agenda regarding "Wastewater Basin Program" contracts. (This item
was approved for reconsideration at the December 11, 2012 BCC Meeting.)
Motion to maintain current contracts with Hole Montes, CDM Smith
and AECOM Technical Services stipulating no change orders on the
contracts and directing staff to bring back a capital asset inventory on
the basins — Approved 510
F. Recommendation to consider an out -of -cycle Tourist Development Council
( "TDC ") Grant Application from the City of Marco Island/Hideaway Beach
District for Erosion Control Structures at Hideaway Beach and if approved
make a finding that the project is in the public interest and authorize all
necessary budget amendments. (This item was approved for reconsideration
at the December 11, 2012 BCC Meeting.)
Motion for staff to bring back a presentation at the February 12th BCC
Meeting with a beach proportionality analysis, whether serving a valid
public purpose, promoting tourism and the Attorney General's opinion
regarding the use of TDC Funds — Approved 510
G. This item to be heard at 10:30 a.m. Recommendation to approve and
authorize the Chairman of the Board of County Commissioners to sign an
Interlocal Agreement relating to establishment of the Gulf Consortium to act
on behalf of Collier County in the implementation of the RESTORE Act
(Resources and Ecosystems Sustainability Tourist Opportunities and
Revised Economics of the Gulf Coast States Act of 2012). (This item was
approved for reconsideration at the December 11, 2012 BCC Meeting.)
Approved — 510; Motion appointing Commissioner Fiala as the alternate
representative — Approved 510
H. This item to be heard at 3:00 p.m. Appointment of member to the Collier
County Planning Commission. (This item was approved for reconsideration
at the December 11, 2012 BCC Meeting.)
Resolution 2013 -12: Re- appointing Mark Strain for District #5 —
Adopted 4/1 (Commissioner Coyle opposed)
Wednesday, January 9, 2013
I. Recommendation the Board of County Commissioners, acting as the Airport
Authority, approve and authorize the Chairman to execute Contract 12 -5885
Page 7
January 8 -9, 2013
"Design & Related Services for Immokalee Regional Airport Runway 9 -27
Rehabilitation Project" in the amount $761,000 with Hole Montes, Inc. (This
item approved for reconsideration at the December 11, 2012 BCC Meeting.)
Tuesday, January 8th — Discussed; tabled until after hearing #lOR;
Wednesday, January 9th — Additional discussion; Motion to approve —
Approved 4/0 (Commissioner Henning absent)
Wednesday, January 9, 2013
J. Recommendation that the Board of County Commissioners, acting as the
Airport Authority, approve and authorize the Chairman to execute Contract
#12 -5885 "Design and Related Services for the Marco Island Executive
Airport (MKY) Runway 17 -35 Rehabilitation Project" in the amount of
$660,000 with Hole Montes, Inc. (This item was approved for
reconsideration at the December 11, 2012 BCC Meeting.)
Motion to approve — Approved 4/0 (Commissioner Henning absent)
Wednesday, January 9, 2013
K. Recommendation that the Board of County Commissioners, in its capacity as
the governing body of the Collier County Airport Authority, indicates its
intent to extend the Airport Authority Executive Director's Employment
Agreement with Thomas C. Curry, 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. (This item was approved for reconsideration
at the December l 1, 2012 BCC Meeting.)
Motion to revert back to Mr. Curry's 2010 contract reinstating the
original terms including a September 30, 2013 end date — Approved 3/2
(Commissioner Coyle and Commissioner Fiala opposed)
Wednesday, January 9, 2013
L. Recommendation that the Board of County Commissioners, in its capacity as
the Collier County Airport Authority, memorializes its October 23, 2012
extension of, and amendments to, the Collier County Airport Authority
Executive Director's Employment Agreement, and authorizes the Chairman
to execute the Extension and Amendment Agreement. (This item was
approved for reconsideration at the December 11, 2012 BCC Meeting.)
Motion to revert back to Mr. Curry's 2010 contract reinstating the
original terms and end date with the exception of a recent 4% salary
Page 8
January 8 -9, 2013
increase which will remain — Approved 3/2 (Commissioner Coyle and
Commissioner Fiala opposed)
Wednesday, January 9, 2013
M. Recommendation to consider options for re- structuring the Board Office.
(This item was approved for reconsideration at the December 11, 2012 BCC
Meeting.)
This item will be discussed with #ION and #10P in a Board Workshop
Wednesday, January 9, 2013
N. Recommendation to direct the Human Resources Department to develop
a new staff position for the Board of County Commissioners entitled
Executive Assistant in pay grade 19 with exempt status. Staff serving as
an Executive Assistant are to be an at -will employee, to be hired, fired, and
reporting directly and solely to individual Collier County Commissioners.
Directing further that the job description of this new position be developed
together with input from each current sitting Commissioner and the County
Manager to integrate effectively with the reorganization of the BCC office,
and to bring back to the Board for approval. (Commissioner Nance)
Motion to table Items #10M, #ION and #10P until the Board Workshop
with input given by staff and County Manager — Approved 510
O. This item to be heard at 4:30 p.m. Recommendation there be immediate
substitution of counsel in the case of Stephen J. Fletcher vs Thomas C. Curry
and Thomas Vergo; the County Attorney immediately terminate services of
the Law Firm Richard L. Richards and Jason Goldstein in the representation
of defendants Thomas C. Curry and Thomas Vergo; the County Attorney be
appointed to represent Mr. Curry and Mr. Vergo in litigation brought against
them by Mr. Stephen J. Fletcher and Fletcher Flying Services, Inc. (currently
pending in Collier Circuit Court); and for a full accounting of all legal costs
in this matter presented to the Board of County Commissioners for review at
the next board meeting. (Commissioner Hiller)
Motion to approve — Approved 3/2 (Commissioner Coyle and
Commissioner Fiala opposed); County Attorney to provide a full
accounting of legal costs at the next meeting (as complete as possible)
Page 9
January 8 -9, 2013
Wednesday, January 9, 2013
P. Recommendation to direct the County Manager to add scheduled BCC
supplementary meeting dates on the first and third Tuesdays of each month,
(with appropriate calendar month breaks to coordinate with the annual BCC
meeting calendar), to facilitate timely scheduling and presentation of
workshops, presentations, public meetings, and other special meeting needs
determined by the Board. Further, authorize the BCC Chair to prioritize
placement of items on these dedicated supplementary meeting dates for final
approval by the Board at each regular BCC meeting. (Commissioner Nance)
Motion directing the County Manager to schedule a Board Workshop to
discuss scheduling, deadlines, workshop topics, etc. (See Items #10M
and #10N) — Approved 510
Wednesday, January 9, 2013
Q. Recommendation to direct staff to present a detailed review of the current
status of the Rural Land Stewardship Area (RLSA) proposed amendment
package to include but not be limited to: development of data and analysis,
peer review, funding work by consultants, funding work by County staff,
fiscal impact of completion of the amendment package, economic analysis
of credit and acreage relationship, specific traffic analysis, verification and
study, and projected short and long range fiscal impact of amendment
related GNP modifications, coordination with related long range Growth
Management Plans. To further determine how to proceed with the RLSA
amendment package including the option to delay the amendment package
indefinitely. (Commissioner Nance)
Motion to suspend amendments — Approved 510
Time Certain 4:00 p.m. (Per Agenda Change Sheet)
R. Recommendation the Board of County Commissioners declares the recent
closure of Clam Pass constitutes an emergency situation, requiring dredging
the pass as soon as practicable; that in furtherance of this, the Board directs
the County Manager to obtain pricing information for this project from at
least two prospective vendors, including any potential vendors with dredges
already operating off the west coast of Florida, and that the County Manager
negotiate and enter into an Agreement with the apparent low bidder, subject
to ratification by Board, preferably at next meeting. (Commissioner Hiller)
Approved — 510
Page 10
January 8 -9, 2013
Time Certain to Immediately Follow Item #10R (Per Agenda Change Sheet)
S. Recommendation to approve agreements for planning, permitting, and
engineering services related to Clam Pass and approve associated budget
amendments. (Commissioner Hiller) (The Executive Summary and back -up
materials for this item will be submitted as an Add -On Item to the agenda,
subject to Board of County Commission approval.)
Motion to approve the use of TDC Reserve Funds (195) to establish
funding for the Clam Pass dredging and determining that it serves a
valid public purpose — Approved 4/0 (Commissioner Coyle absent)
11. COUNTY MANAGER'S REPORT
Wednesday, January 9, 2013
A. Recommendation to award Invitation to Bid (ITB) #12-5981 Roadway Paint,
Thermoplastic Markings and Raised Markers to Traffic Solution, LLC as the
primary vendor and McShea Contracting, LLC as the secondary vendor.
(Travis Gossard, Superintendent, Road and Bridge Maintenance, GMD)
Approved — 4/0 (Commissioner Henning absent)
B. Recommendation to review the County's progress coordinating permitting
and inspection activities with the building industry and the independent fire
districts (Districts) and staff's request for direction on future actions
regarding the same. (Nick Casalanguida, Growth Management Division
Administrator)
Motion to amend interlocal agreements with each agency responsible
for their own fees and quarterly reports — Approved 510
Wednesday, January 9, 2013
C. Recommendation to retain from active sales various properties obtained
from Avatar Properties, Inc., that are part of the Gulf American Corporation
Motion directing the County Attorney to review the legalities of the
Avatar agreement, to provide a list of properties to the Committee for
their input and to report back to the Board for further discussion — 4/0
(Commissioner Henning absent)
D. This item to be heard at 11:00 a.m. Recommendation to obtain Board
direction regarding the proposal received from the stakeholders group to
amend the current Isles of Capri Fire District MSTU and authorize the
Page 11
January 8-9, 2013
advisory board to fully research the state of fire service in the district. (Len
Price, Administrative Services Administrator)
Motion to approve staffs request to continue to work with the
community and bring back changes to the MSTU — Approved 510
Wednesday, January 9, 2013
E. Recommendation to award RFP # 12 -5914R "Outsourcing of County
Marinas" with anticipated revenue of four (4) percent of gross sales to
Paradise Property Management, Inc. for a period of ten (10) years beginning
no later than February 1, 2013. (Barry Williams, Parks and Rec Director)
Motion to approve with vendor paying their own electric costs and
obtaining their own permits— Approved 510
Moved from Item #16E11 (Per Agenda Change Sheet)
Wednesday, January 9, 2013
F. Recommendation to authorize the Chairperson to execute the Public
Assistance Subgrant Agreement for Tropical Storm Debby.
Motion to approve — Approved 4/0 (Commissioner Henning absent)
Added Wednesday January 9, 2013
— Motion to approve adding Item #12F— Approved 510; Discussed under Item #11G
Wednesday, January 9, 2013
G. A lease agreement between Collier County and Congressman Trey Radel
to assume lease space used by former Congressman Connie Mack prior to
the recent election.
Resolution 2013 -15: Adopted — 4/0 (Commissioner Henning absent)
12. 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, JANUARY 8, 2013. The session will be held
at a time certain of 12:00 p.m., 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,
34112. In addition to Board members, County Manager Leo Ochs, and
County Attorney Jeffrey Klatzkow will be in attendance. The Board in
Page 12
January 8 -9, 2013
closed executive session will discuss: Strategy session related to settlement
negotiations and litigation expenditures in the pending cases o£ Jerry
Blocker, et al. v. Collier County, Case No. 08- 9355 -CA, and Collier County
v. Jerry Blocker, et al., Case No. 09- 1281 -CA, 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. Jerry Blocker, et al. v. Collier County, Case No. 08- 9355 -CA, and
Collier County v. Jerry Blocker, et al., Case No. 09- 1281 -CA, in the Circuit
Court of the Twentieth Judicial Circuit, in and for Collier County, Florida.
County Attorney to work with the Blockers regarding a settlement and
request the Clerk's Office to perform an audit of all legal fees involved
at which time a Closed Session will be scheduled for further discussion —
Approved 4/1 (Commissioner Coyle opposed)
C. 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, JANUARY 8, 2013. 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,
34112. 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. 2D 11 -1224; and Sean Hussey, et al. v. Collier County, et al.,
Second District Court of Appeal Case No. 2D11 -1223.
Closed Session
D. 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
Page 13
January 8 -9, 2013
District Court of Appeal Case No. 2D 11 -1224; and Sean Hussey, et al. v.
Collier County, et al., Second District Court of Appeal Case No. 2D 11 -1223.
County Attorney to work with Commissioner Nance and opposing
council to try to come to an agreement on the settlement and to schedule
a Closed Session for further Board discussion and suspending staff and
Planning Commission activity on the cases — Approved 510;
Motion declaring that future settlement negotiations will go through the
County Attorney's Office — Approved 510
Added (Per Agenda Change Sheet)
Wednesday, January 9, 2013
E. Recommendation to authorize a representative of the County Attorney's
Office to bid on eight parcels on behalf of the County at code enforcement
lien foreclosure sales scheduled by the Clerk in the case styled Board of
County Commissioners of Collier County v. Henry J. Tesno, et al., now
pending in the Circuit Court of the Twentieth Judicial Circuit, in and for
Collier County, Florida, Case No. 11- 904 -CA.
Motion to approve — Approved 4/0 (Commissioner Henning absent)
13. OTHER CONSTITUTIONAL OFFICERS
Continued to January 22, 2013 BCC Meeting (Per Agenda Change Sheet)
A. This item to be heard at 2:00 p.m. Presentation by the Clerk of the Circuit
Court regarding audit 2012 -3 Immokalee Regional Airport Dirt.
Continued to January 22, 2013 BCC Meeting (Per Agenda Change Sheet)
B. This item to be heard immediately following Item #13A. Request by the
Clerk for additional funding for pay plan adjustments and COLA increases
consistent with the Board of County Commissioners Pay Plan.
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
Wednesday, January 9, 2013
1) Recommendation the Board of County Commissioners, acting in its
capacity as the Collier County Airport Authority, approve a Second
Page 14
January 8 -9, 2013
Amendment to the Long -Term Ground Lease and Sub -Lease
Agreement with Turbo Services, Inc.
Motion to approve — Approved 4/0 (Commissioner Henning
absent)
B. COMMUNITY REDEVELOPMENT AGENCY
Wednesday, January 9, 2013
1) Recommendation that the Board of County Commissioners, Acting as
the Collier County Community Redevelopment Agency (CRA), elect
a Vice Chairman to fill the incomplete term of the vacated office.
Motion appointing Commissioner Nance Vice - Chairman —
Approved 4/0 (Commissioner Henning absent)
Wednesday, January 9. 2013
2) Recommendation that the Collier County Board of County
Commissioners (BCC) acting as the Community Redevelopment
Agency (CRA) to approve the after - the -fact submittal of a Florida
Department Of Transportation (FDOT) Highway Beautification
Council grant application to Immokalee CRA /MSTU seeking grant
funding in the amount of $100,000 to support landscaping and
irrigation improvements associated with the Immokalee Main Street
Improvements project in the Immokalee Central Business District.
Approved — 4/0 (Commissioner Henning absent)
Wednesday, January 9, 2013
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Commissioner Coyle — Procedure for routing and signing documents
B. Motion to Adjourn — Consensus (Commissioner Henning absent)
------------------------------------------------------------------------------------------------------------
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 — 510
Page 15
January 8 -9, 2013
A. GROWTH MANAGEMENT DIVISION
1) Recommendation to grant final approval of roadway (public) and
drainage improvements, except street lighting, for that portion of
Veterans Memorial Boulevard from Livingston Road eastward to
Strand Boulevard, with roadway and drainage improvements
maintained by Collier County and authorizing release of the
maintenance security.
Resolution 2013 -01
2) Recommendation to accept a Speed Limit Study Report and adopt a
Resolution authorizing speed limit revisions within the Pine Woods
Community from 30 mph to 25 mph at a cost of approximately $600.
Resolution 2013 -02
3) 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 an extension for completion of subdivision improvements
associated with the Royal Palm Golf Estates Replat #3 (AR -6774)
subdivision pursuant to Section 10.02.05 B.11 of the Collier County
Land Development Code.
Owner requests the extension August 2, 2012 thru August 2, 2014
4) Recommendation to adopt 2013 schedule for submittals to amend the
Collier County Growth Management Plan (GMP), as aligned with the
Florida Statutes.
Applications submitted no later than the last Friday in February,
June and October
Continued Indefinitely (Per Agenda Change Sheet)
5) 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 Lantana, (PL20120001529),
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
Page 16
January 8 -9, 2013
6) Recommendation to reject all bids for Invitation to Bid (ITB) #12-
5979 for Intelligent Transportation System (ITS) Components due to
noncompetitive bidding and authorize the County Manager or his
designee to issue a modified ITB.
Staff will re- solicit due to non - competitive bidding
7) Recommendation to authorize a reimbursement in the amount of
$7,410.32 to Florida Power and Light for Utility Relocation and
approval of a Utility Relocation Agreement between Collier County
and Florida Power and Light "Accelerated Bridge Construction
Projects: White Boulevard Bridge Replacement ( #034021)," Project
No. 66066.
To relocate existing overhead laterals underground at 2361 White
Blvd., to avoid conflict with bridge and boat ramp construction
8) 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 Quarry Phase 5 (PL20120001514),
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /Stipulations
9) Recommendation to grant final approval of the private roadway and
drainage improvements for the final plats of Valencia Lakes — Phase
lA (FP00 -53), Valencia Lakes — 2A, (AR -992) and Valencia Lakes —
Phase 3A (AR -1415) with the roadway and drainage improvements
being privately maintained and authorizing the release of the
maintenance securities and acceptance of the plat dedications.
Resolution 2013 -03 (Valencia Lakes Phase 1 -A)
Resolution 2013 -04 (Valencia Lakes Phase 2 -A)
Resolution 2013 -05 (Valencia Lakes Phase 3 -A)
10) Recommendation to approve final acceptance of the water and sewer
utility facilities for The Quarry — Entry Road (AR- 5360), Entry Road
Phase 2 (AR- 5360), Phase 1 -1 (8958), and Phase 1 -2 (AR -9541) and
to release the Final Obligation Bond in the total amount of $4,000 to
Page 17
January 8 -9, 2013
the Project Engineer or the Developers Designated Agent.
Releasing the Utilities Performance Security Bond
11) Recommendation to approve the release of lien in the amount of
$48,362.47 for payment of $562.47, in the Code Enforcement Action
entitled Board of County Commissioners vs. US Bank National
Association as Trustee for the Benefit of Harborview 2005 -16 Trust
Fund, Code Enforcement Case Number CEPM20110014961, relating
to property located at 378 Egret Avenue, Collier County, Florida.
For 193 days of non - compliance for property maintenance issues
and brought into compliance on October 12, 2012
12) Recommendation to approve the release of lien in the amount of
$124,483.15 for payment of $50,483.15, in the Code Enforcement
Action entitled Board of County Commissioners vs. Tricia Jenks,
Code Enforcement Case Number CESD20090001470, relating to
property located at 830 3rd Street NW, Collier County, Florida.
For 622 days of non - compliance for an unpermitted garage and
brought into compliance on January 31, 2012 by the lender
13) Recommendation to increase the annual expenditures for countywide
Bid No. 10 -5507 for the purpose of "Storm Drain Cleaning,
Documentation & Repairs" to Shenandoah General Construction
Company for an estimated annual expenditure of $250,000.
14) Recommendation to approve a refund of inspection fees requested by
CH2MHILL, totaling $96,854.53, due to the cancellation of the Ave
Maria Phase Four Project (AR- 10816).
Due to cancellation of the project submitted May 23, 2012
15) Recommendation to adopt a resolution superseding Resolution 2011-
182 establishing the Collier County Growth Management
Division/Planning and Regulation Fee Schedule for Development
related review and processing fees pursuant to Section 2 -11 of the
Collier County Administrative Code.
Resolution 2013 -06
Page 18
January 8 -9, 2013
16) 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 for recording the final plat of Sabal Bay, (PL20120001474)
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
W /Stipulations
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to award Agreement #12 -5950 to Southwest Direct,
Inc., to outsource the printing and mailing of Collier County Water -
Sewer District utility bills.
For a two -year period with 3 additional one -year periods
2) Recommendation to approve a work order in the amount of $405,000
to Haskins, Inc., for construction tasks set forth in RFQ #08- 5011 -75,
Irrigation Quality Water Sites Priority Group #3.
For installation of motor operated valves that will be controlled
remotely at the following locations: Oakes Boulevard and
Vanderbilt Beach Road, Vanderbilt Beach Road and I -75,
Vineyards Press and Immokalee Road Supplemental Water Wells
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve an amendment to the Community
Development Block Grant Subrecipient Agreement between Collier
County and the Collier County Community Redevelopment Agency
(CRA) Immokalee by extending the time of performance, adding a
provision requiring compliance with the FY 10 HUD Grant, 24 CFR
570, and Chapter 119, Florida Statutes, and modifying Exhibit A,
Scope of Services to be consistent with the Citizen Participation Plan
(There is no Fiscal Impact associated with this item.)
Extending the project completion date to October 30, 2013
Page 19
January 8 -9, 2013
2) Recommendation to approve seven (7) satisfactions of mortgage in
the amount of $74,614.01 of owner occupied dwelling units that have
satisfied the terms of their affordability period.
Folio #56405800008, #36301200007, #6512040007, #65170920000,
#65170160006, #63375000206 and #65070440004
3) Recommendation to reject all bids for Inivitation to Bid (ITB) #12-
5918 Boat Ramp Repair for Port of the Islands Marina and re- solicit
bids for this project.
To be rebid in April 2013
4) This item is continued from the December 11, 2012 BCC Meetin
Recommendation to approve an amendment to the Developer
Agreement with Habitat for Humanity of Collier County, Inc. for the
Neighborhood Stabilization Program 3 (NSP3) to reflect updates to
the US Census Tracts. (This item does not propose to alter the
geographic boundaries of Board approved target areas.)
The update for this Amendment to the Developer Agreement
deadline is March 2013
5) Recommendation to provide approval for the electronic submittal of
the Fiscal Year 2013 Continuum of Care (CoC) Grant application, on
behalf of Catholic Charities, in the amount of $99,662 to the U.S.
Department of Housing and Urban Development (HUD) for CoC
Homeless Management Information System (HMIS) program that will
assist and benefit the homeless population in Collier County.
As detailed in the Executive Summary
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to authorize the purchase of NetApp
hardware /software maintenance agreements from Terremark
Advanced Data Services Division for the County's NetApp
hardware /software in the amount of $132,693 utilizing Florida State
Contract #250- 000 -09 -1.
Used to store agency computer data
Page 20
January 8 -9, 2013
2) Recommendation to approve Amendment #I to Agreement #09 -5254,
authorizing an increase to estimated annual expenditures for grounds
maintenance of Collier County Government Facilities to $750,000.
Scheduled for re- solicitation in the Spring of 2013
3) Recommendation to increase estimated annual expenditures to
$850,000 for Contract #09 -5187, "On -Call Mechanical Contractor."
The firms on this 2009 contract are Conditioned Air and Page
Mechanical, Inc.
4) Recommendation to approve a Memorandum of Understanding
between Collier County and Civil Air Patrol (CAP) in support of
Emergency Management activities related to natural and manmade
hazards emergency response.
CAP MOU Registration #10- 001- SER -FL- COLL -BES
5) Recommendation to authorize the Chairperson to sign contract
amendments to increase the estimated annual expenditures under
Agreement #10 -5373, "Energy Management Services," to $750,000,
to allow for projected countywide expenditures.
As detailed in the Executive Summary
6) Recommendation to approve the submittal of a Volunteer Fire
Assistance Grant Application to purchase Class A Foam for the Isles
of Capri Fire Rescue District requesting $1,260 in grant funds and
requiring a local match of $1,260.
For thirty -six 5 gallon pails of Class A Foam
7) Recommendation to authorize the purchase of Computer replacements
up to $200,000 utilizing National IPA Contract #083052 -01.
To replace equipment that no longer meets business requirements
and are no longer covered by warranties
8) Recommendation to authorize the purchase of new Data Domain
(EMC) hardware /software from CDWG for the County's data backup
systems in the amount of $86,754 utilizing Florida State Contract
#250- 000 -09 -1.
Page 21
January 8 -9, 2013
9) Recommendation to approve Amendment #I to Contract No. 07 -4180
"Gasoline & Diesel Fuel" with Evans Energy Partners, LLC, d/b /a
Evans Oil Company, authorizing a change in payment terms to "net
immediate."
As detailed in the Executive Summary
10) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period between November 27, 2012 to December 11, 2012
Moved to Item #11F (Per Agenda Change Sheet)
11) Recommendation to authorize the Chairperson to execute the Public
Assistance Subgrant Agreement for Tropical Storm Debby.
12) Recommendation to approve a purchase order for the acquisition of
four ambulance modifications totaling $586,000, consistent with the
Board's FY13 budget.
F. COUNTY MANAGER OPERATIONS
1) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
Resolution 2013 -07
G. AIRPORT AUTHORITY
1) Recommendation to approve a Commercial Aviation Operations
License Agreement with History Flight Inc., for limited commercial
aviation operations at the Marco Island Executive Airport.
For their annual tour dates of January 19 -20, 2013
2) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, approves the revised t- hangar standard lease
agreement for the Everglades Airpark, Immokalee Regional Airport
and Marco Island Executive Airport.
To eliminate insurance requirements for ultra -light vehicles
operating under Federal Aviation Regulation Part 103
Page 22
January 8 -9, 2013
3) Recommendation that the Board of County Commissioners, acting as
the Airport Authority, adopt a Resolution approving the proposed rate
schedules for the Everglades Airpark, Immokalee Regional Airport
and Marco Island Executive Airport for 2013.
AA Resolution 2013 -08
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Service Corps of Retired Executives (SCORE) Naples
Annual Program Kickoff and Luncheon on December 3, 2012. The
sum of $25 to be paid from Commissioner Fiala's travel budget.
Held at Bear's Paw Country Club, 2500 Golden Gate Parkway
2) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Arlington of Naples Christmas Party December 11, 2012.
A sum of $50 to be paid from Commissioner Fiala's travel budget.
Held at The Naples Hilton, 5111 Tamiami Trail North, Naples
3) Commissioner Fiala requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended the Christmas Island Style Silver Anniversary Celebration
on November 18, 2012. The sum of $65 to be paid from
Commissioner Fiala's travel budget.
Held at Island Country Club, 500 Nassau Road, Marco Island
I. 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.
Page 23
January 8 -9, 2013
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period of
November 24, 2012 through November 30, 2012 and for submission
into the official records of the Board.
2) To obtain Board approval for disbursements for the period of
December 1, 2012 through December 7, 2012 and for submission into
the official records of the Board.
3) To obtain Board approval for disbursements for the period of
December 8, 2012 through December 14, 2012 and for submission
into the official records of the Board.
4) To obtain Board approval for disbursements for the period of
December 15, 2012 through December 21, 2012 and for submission
into the official records of the Board.
K. COUNTY ATTORNEY
1) Recommendation to authorize the County Attorney to file a lawsuit on
behalf of the Collier County Board of County Commissioners against
Mary Munguia and Joshua E. Crump in County Court of the
Twentieth Judicial Circuit in and for Collier County, Florida, to
recover damages incurred by the County for repair of a light pole in
the amount of $10,408.19, plus costs of litigation
From a vehicle accident that occurred on June 18, 2012
2) Recommendation to approve Amendment to Agreement for Legal
Services relating to Retention Agreement Allen, Norton & Blue, P.A.
extending the expiration date to February 26, 2016. There is no new
fiscal impact associated with this Amendment.
The agreement will terminate February 26, 2016 if not extended
3) Recommendation to accept a Right -of -Way and Utility Easement
from Thomas Sbrocco and Carmen Sbrocco, husband and wife, as part
of the Mediated Settlement Agreement in the lawsuit entitled Sbrocco
v. Collier County v. Agnoli Barber & Brundage (ABB), filed in the
Page 24
January 8 -9, 2013
Twentieth Judicial Circuit in and for Collier County, FL (Case No.
12 -CA -2707) which settlement includes a confidential settlement
agreement between the Plaintiff, Thomas Sbrocco, and the Third Party
Defendant, ABB, and authorize the Chairman to execute the attached
Settlement Agreement. Total fiscal impact is approximately $8,000.
For a sidewalk and other improvements on his private property
without his consent
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.
Approved as presented — Adopted 510
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. Recommendation to correct a scrivener's error
found in the legal description vacating a portion of Railroad Street in
Immokalee, Florida, being a part of Resolution No. 84 -166, recorded in
Official Record Book 1099, Page 1655 of the Public Records of Collier
County, Florida, located in Section 3, Township 47 South, Range 29 East,
Collier County, Florida.
Resolution 2013 -09
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. Recommendation to approve a scrivener's error,
SE- PL20120002580, amending Ordinance Number 11 -25, which rezoned
the Gordon River Greenway Park to the Public Use (P) zoning district, to
Page 25
January 8 -9, 2013
make a Scrivener's Error correction that the public park is for a passive park.
The property is located in Sections 27 and 34, Township 48 South, Range 25
East, Collier County, Florida. (Companion to Agenda item 9.A.
PL20120000371 /CP- 2012 -1, GMPA- Gordon River Greenway Park)
Ordinance 2013 -01
C. Recommendation to adopt an ordinance establishing prohibitions to the
possession, provision, sale, or distribution of illicit synthetic drugs in Collier
County.
Ordinance 2013 -02
18. ADJOURN
Tuesday January 8, 2013 — Motion to reconvene at 9:00 a.m. Wednesday,
January 9, 2013 — Approved 510
Wednesday, January 9, 2013 — Motion to adjourn — Consensus (Commissioner
Henning absent)
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 26
January 8 -9, 2013