Recap 02/12/2013 RCOLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
LA
AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
February 12, 2013
9:00 AM
Georgia Hiller - BCC Chairwoman; BCC Commissioner, District 2
Tom Henning - BCC Vice - Chairman; BCC Commissioner, District 3
Donna Fiala - BCC Commissioner, District 1; CRAB Chairman
Fred W. Coyle - BCC Commissioner, District 4
Tim Nance - BCC Commissioner, District 5; 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
COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE
BOARD MINUTES AND RECORDS DEPARTMENT.
Page 1
February 12, 2013
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 Bob Scudieri - Faith Lutheran Church
Presented by Leo Ochs
2. AGENDA AND MINUTES
A. Approval of today's regular agenda as amended.
Approved and /or Adopted with changes — 4/1 (Commissioner Coyle
opposed): Staff to coordinate a workshop and discussion for a future
meeting
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 — 5/0
Page 2
February 12, 2013
C. Approval of today's summary agenda as amended (Ex Parte Disclosure
provided by Commission members for summary agenda.)
Adopted w /changes — 510
D. January 8 -9, 2013 - BCC/Regular Meeting
Approved as Presented — 510
E. January 14, 2013 - BCC /CRA Joint Workshop
Approved as Presented — 510
3. SERVICE AWARDS
4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations)
A. Proclamation designating February 2013 as Career and Technical Education
Month in Collier County. To be accepted by Yolanda Flores, Principal,
Lorenzo Walker Institute of Technology and Denise Duzick, Administrator,
Lorenzo Walker Institute of Technology. Sponsored by Commissioner Fiala.
Adopted — 5/0
B. Proclamation designating February 2013 as Scouting Month in Collier
County. To be accepted by Burt Saunders, Alligator District Chairman;
James Giles, Alligator District Executive; Bill Coen, Vice President,
Southwest Florida Boy Scouts of America; and Bill Poteet, Executive Board
Member. Sponsored by Commissioner Henning.
Adopted — 510
C. Proclamation designating February 17 -23, 2013 as Engineers Week in
Collier County. To be accepted by Ralph Verrastro, P.E., Calusa Chapter
President; Norman Trebilcock, P.E., Calusa Chapter Vice President; Alison
Bradford, P.E., Calusa Chapter Past President; and Marlene Messam, P.E.
Calusa Chapter Past President. Sponsored by Commissioner Coyle.
Adopted — 510
Added (Per Agenda Change Sheet)
D. Proclamation designating February 12, 2013 as Frank Oakes Day of
Remembrance in Collier County in recognition of his contributions of the
community. To be accepted by family members. Sponsored by
Page 3
February 12, 2013
Commissioner Hiller.
Adopted — 510
5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month for February 2013
to the 360 Market. To be accepted by Rebecca Maddox, owner.
Presented
B. Presentation to recognize contributions made by six Eagle Scouts to
Conservation Collier Preserve lands.
Presented
C. Presentation to recognize the local effort to promote the National Farm -City
Council's mission to strengthen understanding of farm -city connections that
provide our food, fiber and shelter; to recognize Collier County community's
Farm City Barbeque organization and its Annual Farm City Barbeque; to
announce award of grants to youth organizations benefiting from the Farm
City Barbeque; to acknowledge the good work of the Farm City Barbeque;
and for Collier County Board of County Commissioners to promote and
encourage continued community support of the Annual Farm City Barbeque.
Presented
D. Presentation of a donation of artwork to the Board of County Commissioners
from the Gallery on Fifth. To be presented by Olga Arkhangelskaya.
(Commissioner Hiller)
Presented
E. Recommendation to recognize Kelly Arnold, Accountant, Public Utilities
Division as the Supervisor of the Year 2012.
Presented
6. PUBLIC PETITIONS
A. This item to be heard immediately following Item #lOD. Public Petition
request from Bill D'Antuono regarding the use of spears to control the
overpopulation of lion fish.
Presented with Item #lOD
Page 4
February 12, 2013
7. PUBLIC COMMENTS ON GENERAL TOPICS
A. Linda Anders — Stopping Federal Government overreach of its
authority. Commissioner Henning to work with County Attorney and
present a Resolution to the Board at the next meeting
B. Frank Rampino — Federal Government overreach and Second
Amendment Rights
C. Keith Flaugh — Federal Government overreach
D. Keith Hansen — Federal Government overreach
Item 8 and Item 9 to be heard no sooner than 1:00 pm unless otherwise noted.
8. BOARD OF ZONING APPEALS
A. This item continued to the April 9, 2013 BCC Meeting.
Recommendation to consider the appeal of Zoning Verification Letter,
ZLTR- PL20120002392, regarding the denial of a New or Used Motor
Vehicle Dealer as a permitted use in the Two Lakes Plaza Planned Unit
Development (PUD), Ordinance No. 2000 -63, Collier County, Florida.
9. ADVERTISED PUBLIC HEARINGS
A. This item continued to the March 26, 2013 BCC Meeting.
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)
Moved from Item #17A (Per Agenda Change Sheet)
B. This item continued from the January 22, 2013 BCC Meeting.
Recommendation to adopt an ordinance which would establish limitations,
in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the
sale and/or purchase of secondhand goods (secondhand dealers).
Ordinance 2013 -21 Adopted w /changes — 510
10. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Isles of Capri Fire Control District Advisory
Committee.
Page 5
February 12, 2013
Resolution 2013 -36: Appointing Matthew P. Crowder and Ben Hilbrun
— Adopted 4/0 (Commissioner Fiala absent)
B. Appointment of member to the Environmental Advisory Council.
Motion to re- advertise — Approved 311 (Commissioner Coyle opposed
and Commissioner Fiala absent)
C. Appointment of a member to the Animal Services Advisory Board.
Resolution 2013 -37: Appointing Michael Simonik — Adopted 510
D. This item to be heard before Item #6A. Recommendation to adopt a
Resolution in support of removing the ban on spearfishing in Collier County
coastal waters, and requesting that the Florida Fish and Wildlife
Conservation Commission (FWC) repeal the special acts and /or rules
designated as Chapters 27473 (195 1) and 30665 (1955). (Commissioner
Henning)
Resolution 2013 -35 Adopted - 5/0
E. Recommendation to direct staff to negotiate and bring back to the Board at
its next meeting a new Red Light Camera agreement between Collier County
and American Traffic Solutions Incorporated (ATS), and that given the
upcoming March 1 st deadline with ATS, as well as the infrastructure and
procedural processes in place, that the Board waive any requirement for
formal competition for this work. (Commissioner Fiala)
Motion to deny — Approved 3/1 (Commissioner Fiala opposed and
Commissioner Coyle absent)
F. Recommendation that the Board of County Commissioners direct the
County Attorney to prepare an ordinance for board approval providing for a
county Hearing Officer who shall be empowered to hear and rule on limited
planning and zoning matters; that any decision of the Hearing Officer may
be appealed to the Board of County Commissioners; that it be further
directed that county staff develop a job description based on the legal
definition of the newly created position, obtain board approval for funding
the position, and immediately advertise the position upon board approval of
the ordinance, all so that a Hearing Officer is hired and in place by April 15,
2013 with the intent of promoting administrative efficiency in rendering
certain development related decisions by the county. (Commissioner Hiller)
Page 6
February 12, 2013
The County Attorney & GMD Administrator to work together and
bring back a proposed ordinance to the BCC — Approved 510
G. Recommendation the Board of County Commissioners ( "Board ") direct the
County Attorney and Clerk of Courts to jointly develop a county Purchasing
Ordinance, to review the proposed Purchasing Ordinance with county staff,
and to bring the final draft of the Purchasing Ordinance to the Board in the
first meeting in March, 2013 for approval to advertise, and for final Board
adoption at the second meeting in March, 2013. Ensuring that all county
expenditures approved by the Board "shall" rather than "may" satisfy what
is required by both legal and governmental accounting standards is an
obligation, not an option of the Board. (Commissioner Hiller)
Approved — 510
H. Recommendation the County Manager's Ordinance be repealed in whole,
that it be replaced with provisions specifically enumerated in Florida Statute
Chapter 125 as those provisions relate to the position of the County
Administrator, and that the law be renamed the "County Administrator"
Ordinance consistent with statute. Florida law provides that a constitutional
county may administratively organize itself through the office of a County
Administrator that answers to the Board of County Commissioners and that
where such an organizational structure is desired the county shall adopt an
ordinance that mirrors the guiding Florida Statute so as to enable the Office
of the County Administrator. As such, the current ordinance should be
repealed and replaced with the applicable provisions of F.S. Chpt. 125 to
provide unambiguous definition as to the role, powers and duties of the
County Administrator. To further recommend that the Board direct the
County Attorney to prepare and present a County Administrator's Ordinance
conforming with F.S. Chpt. 125 to replace the current County Manager's
Ordinance at the first meeting in March, 2013 for Board approval to
advertise and for final Board adoption at the second meeting in March, 2013.
(Commissioner Hiller)
Discussed; Motion to bring back to the April 23, 2013 BCC Meeting —
Approved 510
I. Recommendation the Board of County Commissioners ( "Board ") direct the
County Attorney ( "CA ") to draft a County Attorney Ordinance to be brought
back to the Board at the second meeting in February, 2013 for approval to
advertise publicly, and then to further be brought forward for adoption by
Page 7
February 12, 2013
the Board at the first meeting in March, 2013. The ordinance shall provide
in part that: 1. All legal information relating to the county shall be
immediately forwarded to the CA upon receipt of such information by any
member of the Board and/or county staff, including but not limited to
matters related to threatened, pending or actual litigation, civil, criminal or
administrative in nature. 2. The CA shall exclusively represent the county in
all legal matters, and with Board approval shall retain outside counsel to
assist in such representation. 3. All draft contracts, resolutions and
ordinances shall be reviewed and approved by the CA prior to presentation
to the Board, and all such reviewed documents shall be placed by staff after
approval by the CA on the Board's public agenda for Board approval prior
to any Board vote. 4. The CA's standard for review and approval of any and
all matters presented to the Board shall be that it is "approved as to form and
legality" rather than merely "approved as to form and legal sufficiency" and
such approval shall cite with specificity any ordinance, statute or
constitutional provision on which the proposed action is based. 5. The CA
shall be responsible for ensuring the proper execution of all Board approved
contracts, resolutions and ordinances, and shall ensure preservation of the
chain of custody of such documents from Board approval, to execution
through recording in the Official Records of the Clerk of Courts. 6. The
CA shall be the county's registered agent in all instances included but not
limited to CRA, MSTU, and District representation. Once the ordinance is
adopted, the CA will immediately develop practices and procedures to
implement the direction set by the ordinance which shall be respected by the
Board and county staff going forward. (Commissioner Hiller)
Staff to bring back a proposed ordinance to the BCC — Approved 5/0
To be heard at 3:00 p.m. (Per Agenda Change Sheet)
J. Recommendation the Board of County Commissioners directs the County
Attorney to draft a resolution stating it is not the Board's current intent to
raise the Tourist Development Tax; to be presented for Board approval at the
February 26, 2013 public meeting. Raising taxes on the Tourism Industry
during this time of financial hardship goes against the county's desire to
promote and encourage economic development. For this reason, it is
imperative the Board of County Commissioners formally declare its intent
to not raise taxes at this time. (Commissioner Hiller)
Approved — 510
To be heard at 1:30 p.m. (Per Agenda Change Sheet)
Page 8
February 12, 2013
K. Recommendation that the Board of County Commissioners direct the
County Attorney to coordinate with the county's newly hired Economic
Development administrator to draft amendments to and extensions for the
county's economic development ordinances which are set to expire in 2013
and further, to include provisions with respect to requirements of F.S. Chp.
119 (Public Records) relating to economic development financial records
disclosure exemptions. Specifically, and for example, the ordinance
providing for a property tax exemption incentives was never approved by
general referendum as required by Florida's constitution/statute and as such
is invalid - the cure is suspension of the ordinance pending the public's vote
of approval; the impact fee waiver incentive program ignores that the impact
fee fund that would otherwise see a contribution of impact fees, has to be
made whole by some alternative source of funding (otherwise the impact fee
charged becomes an illegal tax) - the cure is to require, as part of the
ordinance, that the county immediately make a fund transfer to the affected
impact fee fund equal in amount to the awarded waiver; as an alternative to
an impact fee waiver program, an additional provision should be added for
an impact fee exemption program which could include an impact fee
moratorium for select impact fees (public safety related impact fees should
not be suspended given the paramount importance of those services);
consideration should be given to have the local and state job creation
incentive provisions mirror each other including all provisions relating to
state required underwriting provisions; such underwriting provisions which
include the production of financial statements and/or tax returns should also
be included as a requirement under all incentive programs; and lastly, the
applicability of the public records exemption relating to any applicant's
financial information shall apply to all members of county staff and the
public except for individual County Commissioners, the County Attorney,
the County Manager, the Economic Development administrator and Clerk of
Courts and designated employees of such elected officials and county staff.
Further that the Economic Development Administrator bring draft amended
ordinances to the Board of County Commissioners in April, 2013 for review
and discussion along with any other proposals the Administrator may have
in the way of programs for Board consideration. At such time the Board can
direct legally conforming options be presented to the community for input
and additional recommendations, all with the intent of developing a legally
sound and financially feasible economic development program that reflects
the will of the tax - paying public. (Commissioner Hiller)
Page 9
February 12, 2013
Mr. Register, County Manager and County Attorney to work together
to review and develop an action plan for the BCC to discuss at a
workshop on economic development — Approved 510
11. COUNTY MANAGER'S REPORT
A. This item continued from the November 13, 2012 meeting.
Recommendation to deny the formal protest objection and uphold the
Purchasing Director's decision denying Poole & Kent Company of Florida
the award of Invitation to Bid (ITB) # 12 -5931 Master Pump Station 312
Rehabilitation Projects #72549 and #70050; prohibit Poole & Kent from
benefiting from the Board's local vendor preference for one (1) year; and,
approve award of the ITB to contractor Douglas N. Higgins, Inc. in the
amount of $5,961,000 and authorize the Chairwoman to execute the
agreement. (Len Price, Administrative Services Administrator)
Approved Staff s recommendations and award of contract to Douglas N
Higgins, Inc. — Approved 510
B. This item continued from the November 13, 2012 meeting.
Recommendation to deny the formal protest objection and uphold the
Purchasing Director's decision denying Poole & Kent Company of Florida
the award of Invitation to Bid (ITB) # 12 -5952, Aerated Sludge Holding
Tank (ASHT)/Flow Equalization Tank (FET), Projects #73950 and #70091;
prohibit Poole & Kent from benefiting from the Board's local vendor
preference for one (1) year; and, approve the ITB award to contractor
Mitchell & Stark Construction Co. in the amount of $6,307,000 and
authorize the Chairwoman to execute the agreement. (Len Price,
Administrative Services Administrator)
Approved Staffs recommendations and award of contract to Mitchell &
Stark Construction Co. — Approved 510
C. This item to be heaFd at „;nn a...,. Recommendation to approve proposed
changes that would repeal and replace the Animal Control Ordinance
(Ordinance No. 2008 -51, as amended) and direct the County Manager or his
designee to advertise ordinance changes to be approved by the Board at a
future meeting (Amanda Townsend, Animal Control Services Director)
Motion to continue the discussion at a workshop — Approved under
Regular Agenda Changes
Page 10
February 12, 2013
D. Recommendation to award a construction contract to Community Asphalt
for Bid No. 12 -5948R - Immokalee Road Safety Improvements Project No.
60016.4, in the amount of $1,904,344. (Jay Ahmad, Transportation
Engineering Director)
Approved — 510
Continued to the February 26, 2013 BCC Meeting (Per Agenda Change Sheet)
E. Recommendation to adopt a resolution authorizing the acquisition by gift,
purchase or condemnation of those perpetual and temporary easement
interests necessary for the construction of stormwater improvements known
as the "Haldeman Creek and Crown Pointe Weirs" segment of the Lely Area
Stormwater Improvement Project No. 5 110 1. Estimated fiscal impact:
$117,000. (Margaret Bishop, Transportation Engineering Project Manager)
To be heard at 10:00 a.m. (Per Agenda Change Sheet)
F. Recommendation to provide additional review of the next phase of system
expansion for Emergency Medical Services and Law Enforcement requested
by the Board at the November 13, 2012 public hearing for the Annual
Update and Inventory Report (AUIR) /Capital Improvement Element
(Capital Improvement Element (CIE) update on Public Facilities as provided
for in Chapter 6.02.02 of the Collier County Land Development Code.
(Michael Bosi, Planning and Zoning Interim Director)
Motion for staff to work with Chief Smith — Approved 510; Motion to
advance EMS Expansion on the AUIR/CIE Schedule — Approved 510
Moved from Item #16A20 (Per Agenda Change Sheet)
To be heard at 11:00 a.m. (Per Commissioner Fiala during Agenda Changes)
G. Recommendation to approve $350,000 in eligible costs for the FYI
Hideaway Beach erosion control structure project based on the January 16,
2013 Proportionality Analysis conducted by Coastal Engineering
Consultants and reviewed by Collier County staff, make a finding that this
item promotes tourism and approve necessary budget amendments.
Motion to move forward with agreement which promotes tourism,
boating and the hotels — Fails 2/3 (Commissioner Henning,
Commissioner Hiller and Commissioner Nance opposed); Motion to
send the item back to the next TDC Meeting and bring back
recommendations to the February 26, 2013 BCC Meeting — Approved
4/1 (Commissioner Coyle opposed)
Page 11
February 12, 2013
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, FEBRUARY 12, 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 related to settlement negotiations
and litigation expenditures in the pending cases: 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. 21311-1223.
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: 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.
Motion to table the item to allow the County Attorney and Plaintiff's
Attorney time to rework settlement language — Approved 510; A
Settlement was agreed upon by all parties as presented by the County
Attorney's Office — Approved 4/1 (Commissioner Fiala opposed)
13. OTHER CONSTITUTIONAL OFFICERS
To be heard at 9:45 a.m. (Per Agenda Change Sheet)
A. Request discussion with the Board of County Commissioners regarding an
Emergency issue in the Pelican Bay Services Division Elections and to ask
the Board to adjust the dates of the events surrounding the Election to insure
compliance.
(Emergency) Ordinance 2013 -20 Adopted — 5/0
Page 12
February 12, 2013
14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT
AGENCY
A. AIRPORT
B. COMMUNITY REDEVELOPMENT AGENCY
1) Recommendation that the Community Redevelopment Agency (CRA)
appoint Bradley Muckel as Interim Director for the Immokalee CRA
and the Immokalee Lighting and Beautification Municipal Services
Taxing Unit.
Approved — 510
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
A. Mr. Ochs — Afternoon Workshops will be held the 1St Tuesday of each
month; beginning on March 5, 2013 at 5 p.m.
B. Mr. Klatzkow — A Mediated Settlement was agreed upon in the Blocker
case; the Closed Session announcement was read into the record and
will be held on February 26, 2013 at 12:00 p.m.
C. Commissioner Henning — Discussion regarding Tourist Tax increase
D. Commissioner Henning - Motion to Adjourn — Consensus
------------------------------------------------------------------------------------------------------------
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 not paint new and future galvanized steel mast
arm and steel strain pole traffic signal assemblies east of County Road
951 (Collier Boulevard) and to continue to perform maintenance
painting of all existing painted steel mast arm and steel strain pole
traffic signal assemblies in Collier County.
To reduce current installation costs and future maintenance costs
Page 13
February 12, 2013
2) Recommendation to approve the release of two liens with a combined
value of $183,407.20 for payment of $6,707.20, in Code Enforcement
Action entitled Board of County Commissioners vs. Sylvia Derrick
Code Enforcement Case CEPM20100009396 & CEAU20100009395,
relating to property at 616 92nd Avenue N, Collier County, Florida.
For fines related to broken windows on the property and brought
into compliance on February 17, 2012
3) Recommendation to approve the release of lien in the amount of
$248,998.14 for payment of $1,448.14, in Code Enforcement Action
entitled Board of County Commissioners vs. Brian Christopher and
Sylvia Christopher, Code Enforcement Case No. CEPM20080003635,
relating to property located at 431 Ibis Way, Collier County, Florida.
Fines related to an unmaintained pool and brought into
compliance on April 14, 2011
4) Recommendation to approve the release of lien in the amount of
$74,081.15 for payment of $1,331.15, in the Code Enforcement
Action entitled Board of County Commissioners vs. Carlos and Diana
O. Leon, Code Enforcement Case Number CESD20100005001,
relating to property at 5210 Jennings Street, Collier County, Florida.
Fines related to additions built with expired permits and brought
into compliance on November 22, 2011
5) Recommendation to approve the release of two liens with a combined
value of $55,975.12 for payment of $675.12, in the Code Enforcement
Action entitled Board of County Commissioners vs. Elvis Camacho,
Code Enforcement Case Numbers CEPM20100017789 and
CEPM20110000638, relating to property located at 2725 70th Street
SW, Collier County, Florida
Fines related to an unmaintained pool that was brought into
compliance on July 11, 2011
6) Recommendation to approve the release of lien in the amount of
$62,330.57 for payment of $530.57, in the Code Enforcement Action
entitled Board of County Commissioners vs. Sandra S. Sage, Code
Enforcement Case Number CELU20100019962, relating to property
located at 3135 Ravenna Avenue, Collier County, Florida.
Page 14
February 12, 2013
7) Recommendation to award Invitation to Bid (ITB) # 12 -5977 for
Median Landscaping Services for Airport Road from Cougar Drive
to Vanderbilt Beach Road to Florida Land Maintenance, Inc., and
authorize the Chairwoman to execute the agreement.
For basic monthly and other routine services
8) This item requires 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 adopt a Resolution
to hold a public hearing to consider vacating a portion of the Upland
Recreational Open Space Easement (U.R.O.S), being a part of Tract
"S" of Embassy Woods Golf and Country Club at Bretonne Park,
Phase One, Plat Book 17, pages 47 through 49 of the Public Records
of Collier County, Florida, Application No. VAC- PL20120002564.
Resolution 2013 -26
9) Recommendation to award Invitation to Bid (ITB) #13 -6030 for
Golden Gate Parkway and I -75 Interchange from 60th Street SW to
Affordable Landscaping Service and Design LLC, and authorize the
Chairwoman to execute the agreement.
For basic monthly and other routine services
10) Recommendation to reject all bids for Invitation to Bid (ITB) #12-
5974 for Concrete; Road Sidewalk Curb and Floor Installation and
Repairs; and authorize staff to issue a modified ITB.
In order to rework the solicitation documents
11) Recommendation to approve Funding Agreement No. 4600002780
with the South Florida Water Management District (SFWMD), which
provides funding in the amount of $600,000 for the construction of
Outfalls 3 and 4 of the Lely Area Stormwater Improvement Project
(LASIP), Project #51101.
To alleviate drainage problems in the Naples Manor and Myrtle
Cove Acres areas
12) Recommendation to authorize a budget amendment to recognize
revenue for projects within the Transportation Supported Gas Tax
Fund (3 13) in the amount of $17,3 80.
Page 15
February 12, 2013
Revenue from the Traffic Impact Study Review and PUD
Monitoring /Traffic Counts Payment -in -Lieu
13) 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 adopt
a Resolution to hold a public hearing to consider vacating all of
Preserve P -6 and a portion of Preserve P -8, as recorded in Official
Record Book 2406, pages 0549 through 0589, of the Public Records
of Collier County, Florida, all of Preserve/Replant areas PA94, PA95,
a portion of Preserve/Replant areas PA96 and PA 102, being a part of
Tract 8 of Vanderbilt Country Club - 2, Plat Book 32, pages 42
through 55 of the Public Records of Collier County, Florida, and a
portion of Preserve/Replant areas PA96 and PA 102, being a part of
Tract FD 10 of Vanderbilt Country Club - 2, Plat Book 32, pages 42
through 55 of the Public Records of Collier County, Florida.
Application No. VAC- PL20120002603.
Resolution 2013 -27
14) 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 Talis Park Tract J, Application
Number PL20120002646, a replat of Tract J of Tuscany Reserve.
The developer must receive a Certificate of Adequate Public
Facilities prior to the issuance of a final approval letter
15) Recommendation to increase Board - authorized annual expenditures
for "Records Management Services" to Vital Records Control, LLC
from $90,000 to an estimated annual expenditure of $110,000 per
fiscal year and approve a budget amendment from Fund 113 to pay for
these contracted services.
Providing records management and storage retrieval services for
the Growth Management Division/Planning and Regulation
16) Recommendation to accept the specific past Staff Clarifications of the
Land Development Code (LDC) attached to this Executive Summary.
For SC- 2007 -01, SC- 2006 -05, SC- 2006 -02, SC- 2005 -02, SC -2004-
Page 16
February 12, 2013
05 and SC- 2004 -04
Continued to the Marchl2, 2013 BCC Meeting (Per Agenda Change Sheet)
17) This item requires 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 Camden Lakes, Application PPL- PL20120000747
approval of the standard form Construction and Maintenance
Agreement and approval of the amount of the performance security.
Continued to the February 26, 2013 BCC Meeting (Per Agenda Change Sheet)
18) Recommendation to approve disposal of surplus property associated
with the Gateway Triangle Stormwater Improvements Phase II,
Contract #10 -5366, Project #51803.
19) Recommendation to approve a Rezone petition fee reduction request
for the proposed Ohlis Rezone and provide direction to the County
Manager or his designee to evaluate down zoning applications as part
of the Hearing Officer analysis.
For the existing sunsetted VFW PUD
Moved to Item #11G (Per Agenda Change Sheet)
20) Recommendation to approve $350,000 in eligible costs for the FY 13
Hideaway Beach erosion control structure project based on the
January 16, 2013 Proportionality Analysis conducted by Coastal
Engineering Consultants and reviewed by Collier County staff, make
a finding this item promotes tourism and approve necessary budget
amendments.
B. COMMUNITY REDEVELOPMENT AGENCY
C. PUBLIC UTILITIES DIVISION
1) Recommendation to approve a grant application to Florida Division of
Emergency Management, Hazard Mitigation Grant Program, in the
amount $37,945 to retrofit 33 overhead doors at the Public Utilities
Division's Operations Center located at 4370 and 4420 Mercantile
Avenue, Naples.
Page 17
February 12, 2013
Providing additional protection for three vehicle bays, inventory
bays and work areas in the event of a natural disaster
2) Recommendation to approve the Utility and Access Easement
Agreement with Regent Park Villas I Association, Inc., for the
acquisition of a Utility and Access Easement; and, to accept the grant
of a Right of Entry to accommodate relocation and replacement of the
existing wastewater collection system in the Regent Park Villas
communities for a total cost not to exceed $2,300, Project #70043.
Property located off of Immokalee Road
3) Recommendation to approve the Utility and Access Easement
Agreement with Regent Park Villas II Association, Inc., for the
acquisition of a Utility and Access Easement; and, to accept the grant
of a Right of Entry to accommodate relocation and replacement of the
existing wastewater collection system in the Regent Park Villas
communities for a total cost not to exceed $2,400, Project #70043.
Property located off of Immokalee Road
4) Recommendation to approve the Utility and Access Easement
Agreement with Regent Park Villas III Association, Inc. for the
acquisition of a Utility and Access Easement and to accept the grant
of a Right of Entry to accommodate the relocation and replacement of
the existing wastewater collection system in the Regent Park Villas
communities for a total cost not to exceed $2,400, Project #70043.
Property located off of Immokalee Road
5) 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 No. 12 -5883, "Master Pumping Station 312
Professional Services during Construction," Project Number 72549.
To ensure proper adherence to the contract documents
6) Recommendation to approve a time and materials contract with Hole
Montes in the not -to- exceed amount of $898,000 for Request for
Proposal No. 12 -5867, "North County Water Reclamation Facility
Construction Engineering and Inspection Services for Aerated Sludge
Holding Tank/Flow Equalization Tank Construction ", Project #70091.
To ensure proper adherence to the contract documents
Page 18
February 12, 2013
D. PUBLIC SERVICES DIVISION
1) Recommendation to approve the conveyance of water and wastewater
utilities located at MarGood Harbor Park, 321 Pear Tree Avenue,
Goodland Florida, and to approve the execution of the conveyance
documents, at a cost not to exceed $120.
Folio #'s 46270680007, 46270720006 and 46270760008
2) Recommendation to approve an amendment to the FY 2011 -2012
HOME Investment Partnerships (HOME) Program Grant Agreement
between Collier County and the Collier County Housing Authority
(CCHA) that modifies Exhibit A, Scope of Services, effective as of
the original date of the agreement, to allow all available forms of
match, and to correct a scrivener's error in the grant agreement
number and match amount.
HUD Grant #M- 11 -UC -12 -0217
3) Recommendation to approve an amendment to Developer Agreements
with Habitat for Humanity of Collier County, Inc. for Neighborhood
Stabilization Program 1 (NSP 1) and Neighborhood Stabilization
Program 3; and approve an amendment to the NSP3 Action Plan to
update and clarify target area census tracts, demolition and land
banking activities.
As detailed in the executive Summary
4) Recommendation to approve seven (7) satisfactions of mortgage in
the aggregate amount of $66,192.50 of owner occupied dwelling units
that have satisfied the terms of their affordability period.
Located at 510 14th St. N., Naples; 1215 N 18th St., Immokalee;
1001 Raulerson Rd., Immokalee; 409 S 2 "d St., Immokalee; 615
Maple Drive, Immokalee; 1416 Plum St., Immokalee; and 1480
Green Valley Cr. #201, Naples
5) Recommendation to approve an after - the -fact substantial amendment
for the FY2010 -201 ICollier County U.S. Department of Housing and
Urban Development (HUD) Action Plan amending the City of Naples
Neighborhood Parks improvement project.
Page 19
February 12, 2013
To finalize the grant and for infrastructure improvements at
Anthony Park
6) Recommendation to approve paying 2012 property taxes and proceed
with closing on the donation of a10 -acre parcel previously approved
for the Conservation Collier Land Acquisition Program at a cost not to
exceed $100.
Part of the McIlvane Marsh Preserve
7) Recommendation to approve a Resolution superseding Resolution No.
2012 -192 and authorize staff to honor the Elderly/Disabled reduced
fare for the subcontracted transportation provider with the Florida
Commission for the Transportation Disadvantaged that provides
transportation services under the non - emergency transportation
Medicaid contract for Collier County.
Resolution 2013 -28
8) Recommendation to adopt a Resolution repealing all previous
resolutions establishing and amending parts of Collier County Parks
and Recreation Department Facilities and Outdoor Areas License and
Fee Policy and establishing the policy anew to include establishment
of a commercial beach parking permit, a policy for balances left on
accounts, incorporating Conservation Collier's fee schedule, and
authorizing the Board to set fees for County- sponsored special events.
Resolution 2013 -29
9) Recommendation to approve the submittal of a revised Congestion
Management System/Intelligent Transportation Stakeholders
(CMS /ITS) grant application, for design and construction of up to 12
additional bus shelters in Collier County, in the amount of $336,872.
10) Recommendation to execute a Supplemental Agreement to the Joint
Participation Agreement (JPA) between the Florida Department of
Transportation (FDOT) and Collier County to amend the local match
to include in -kind funding in the amount of $75,150 and cash match in
the amount of $205,850 for the Collier Area Transit (CAT)
Intermodal Transfer facility at the Government Center.
Resolution 2013 -30
Page 20
February 12, 2013
11) Recommendation to approve a Resolution rescinding and replacing
Resolution No. 2001 -245 adopting the Disadvantaged Business
Enterprise (DBE) Program and goal setting process to ensure DBE's
have an equal opportunity to receive and participate in Federal Transit
Administration assisted contracts by ensuring nondiscrimination in
their award and administration.
Resolution 2013 -31
12) Recommendation to approve budget amendments recognizing
Conservation Collier FYI carry forward for planned projects.
For projects within Pepper Ranch
13) Recommendation to approve a substantial amendment to the FY2012-
2013 Action Plan to include three new projects to be funded from the
Emergency Solutions Grant that support homeless programs in Collier
County and modify funding allocated to the ESG Planning and
Administration category as allowed by HUD.
For homeless shelter operations at the Shelter for Abused Women
and Children and St. Matthews House and rapid re- housing and
prevention for Catholic Charities
14) Recommendation to renew a Memorandum of Understanding between
Collier County and Collier Community Cat Coalition to coordinate a
community -based Trap- Neuter -Return Program for feral cats.
15) Recommendation to Terminate the June 14, 2011, Underground
Facilities Conversion Agreement entered into between Collier County
and Comcast of the South, Inc.
Due to delays and both parties agreeing a more competitive bid
solicitation was needed, a new contractor will be selected under
Bid #13 -5991 and awarded at the February 26, 2013 Meeting
E. ADMINISTRATIVE SERVICES DIVISION
1) Recommendation to approve award of Invitation to Bid (ITB) #12-
5935 Fleet Vehicles to Tamiami Ford, Inc.
2) Recommendation to approve the ranked list of selected firms for
Request for Proposal (RFP) #09- 5262 -S2 Countywide Engineering
Page 21
February 12, 2013
Services for Coastal Engineering Services and direct staff to bring
negotiated contracts to the Board for subsequent approval with
Humiston and Moore Engineers and Turrell, Hall & Associates, Inc.
3) Recommendation to approve a Resolution authorizing the
Commission Chairwoman to execute Deed Certificates for the sale of
burial plots at Lake Trafford Memorial Gardens Cemetery during the
2013 calendar year.
Resolution 2013 -32
4) Recommendation to authorize the County Manager or his designee
and the County Attorney's office to advertise an amendment to
Ordinance No. 2009 -23, "Regulation of Outdoor Burning and
Incendiary Devices during Drought Conditions Ordinance," in order
to allow the Chairman of the Board of County Commissioners to
declare a burning ban on behalf of the Board in absentia and also
clarify certain provisions of the Ordinance.
Advertised for the February 26, 2013 BCC Meeting
5) Recommendation to adopt a Resolution and approval of a Lease
Agreement with Congressman Mario Diaz -Balart for use of County -
owned office space for two years for a total revenue of $20.
Resolution 2013 -33
6) Recommendation to approve a budget amendment to facilitate the
reimbursement of funds to the Golden Gate Estates Library and the
Louise Hasse Community Center for completed work per previously
approved agreements with the Golden Gate Estates Land Trust Fund
(605). Total fiscal impact: $311,024.39.
As detailed in the Executive Summary
7) Recommendation to accept reports and ratify staff - approved change
orders and changes to work orders.
For the period December 20, 2012 through January 23, 2013
F. COUNTY MANAGER OPERATIONS
1) Recommendation to approve a report covering a budget amendment
impacting reserves in an amount up to and including $1,235.42 and
Page 22
February 12, 2013
budget amendment moving funds.
BA #13 -193
2) Recommendation to adopt a resolution approving amendments
(appropriating grants, donations, contributions or insurance proceeds)
to the Fiscal Year 2012 -13 Adopted Budget.
Resolution 2013 -34
G. AIRPORT AUTHORITY
1) Recommendation to approve an Amendment to the Commercial
Aviation Operations License Agreement with History Flight Inc., for
limited commercial aviation operations at Marco Island Executive
Airport.
Changing the date for planned events to March 9 and 10th, 2013
2) Recommendation that the Board of County Commissioners, in its
capacity as the Airport Authority, approves an agreement permitting
Comcast Cable Communications Management, LLC to install, operate
and maintain cable at the Immokalee Regional Airport.
Providing cable services and high speed communications to staff,
tenants and airport users
3) Recommendation to approve the a Travel Request in the amount of
$1,119 for the Airport Authority Executive to attend the Florida
Airports Council 2013 State Summit in Tallahassee, Florida.
Held on February 12 -13, 2013
H. BOARD OF COUNTY COMMISSIONERS
1) Commissioners request for Board approval to attend the Florida
Association of Counties Legislative Day Conference April 3 -5, 2013.
Held in Tallahassee
2) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Attended Viva 500 Florida Event January 8, 2013 at Port Royal Club,
Naples, Florida. $70 to be paid from Commissioner Hiller's travel
Page 23
February 12, 2013
budget.
Located at 2900 Gordon Drive
3) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. She
will attend ZOObilee 2013 on March 9, 2013 at Naples Zoo, Naples
Florida. $150 to be paid from Commissioner Hiller's travel budget.
Located at 1590 Goodlette Road
4) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
Will be attending the CATO Institute Seminar January 30, 2013 at
the Waldorf Astoria in Naples, Florida. $75 to be paid from
Commissioner Hiller's travel budget.
Located at 475 Seagate Drive
5) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. She
will attend the Fifth Community Drug Free Awareness Luncheon at
Naples Hilton, Naples on March 7, 2013, Florida. $21 to be paid from
Commissioner Hiller's travel budget.
Located at 5111 Tamiami Trail North
6) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose. She
will be attending the Creating Timeless Travel Memories - David
Lawrence Center on February 18, 2013. $25 to be paid from
Commissioner Hiller's travel budget.
Held at The Club Pelican Bay, located at 707 Gulf Park Drive
7) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She will be attending the FAC Legislative Update on April 4, 2013.
$110 to be paid out of Commissioner Hiller's FAC travel budget.
Held in Tallahassee
Continued to the February 26, 2013 BCC Meeting (Per Agenda Change Sheet)
8) Commissioner Hiller requests Board Approval for Payment to Attend
a Function Serving a Valid Public Purpose. She will be attending the
Page 24
February 12, 2013
Beach Ball Gala for the Children's Advocacy Center on February 23,
2013. $100 to be paid from Commissioner Hiller's travel budget.
9) Commissioner Hiller requests Board approval for reimbursement
regarding attendance at a function serving a Valid Public Purpose.
She attended the 2013 Government Accounting Conference in
Tallahassee, FL on February 7 & 8, 2013. $225 to be paid from
Commissioner Hiller's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
J. OTHER CONSTITUTIONAL OFFICERS
1) To obtain Board approval for disbursements for the period January 5,
2013 through January 11, 2013 and submission into the official
records of the Board.
2) To obtain Board approval for disbursements for the period January 12,
2013 through January 18, 2013 and for submission into the official
records of the Board.
3) To obtain Board approval for disbursements for the period January 19,
2013 through January 25, 2013 and for submission into the official
records of the Board.
4) Recommendation that the Board accept the investment status update
report for the quarter ending December 31, 2012.
As detailed in the Executive Summary
5) Recommendation the Board of County Commissioners approve a
budget amendment in the amount of $342,000 to appropriate
additional funding for the Clerk of Courts pay plan adjustments and
COLA increases consistent with the County's Pay Plan.
Approved at the January 22, 2013 BCC Meeting
K. COUNTY ATTORNEY
1) Recommendation to approve a Settlement Agreement in the sum of
$4,000 prior to trial in the lawsuit entitled Michael A. Padron III, v.
Page 25
February 12, 2013
Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 12 -CA -924) and authorize the
Chairwoman to execute the Settlement Agreement and Release (Fiscal
Impact: $4,000).
Relating to a 2011 job application and tentative employment offer
2) Recommendation to approve and authorize the Chairwoman to
execute a mediated Settlement Agreement and Release prior to trial in
the lawsuit entitled Miguel Rojas and Luz Escudero v. Collier County,
and Collier County, filed in the Twentieth Judicial Circuit in and for
Collier County, Florida (Case No. 11- 2901 -CA) for a sum of $25,000.
Relating to a May 8, 2010 vehicle accident at the intersection of
Weber Blvd. and Golden Gate Blvd.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC
HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A
RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS
RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY
PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF
ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL
OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER
COUNTY PLANNING COMMISSION, OTHER AUTHORIZING
AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF
THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN
OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI -
JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN.
Moved to Item #911 (Per Agenda Change Sheet)
A. This item continued from the January 22, 2013 BCC Meeting.
Recommendation to adopt an ordinance which would establish limitations,
in addition to those set forth in Chapter 538, Part I, Florida Statutes, on the
sale and/or purchase of secondhand goods (secondhand dealers).
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD
BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.
Page 26
February 12, 2013