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Agenda 07/08/2014 Item # 11AProposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Add On Item 10A: Recommendation that the Board direct the County Attorney to work with the County Manager and the Sheriffs Office to prepare and bring back a proposed ordinance that would establish a Collier County Sexual Offender and Sexual Predator Residency Ordinance that is more restrictive than State Statute. (Commissioner Fiala's request) Add On Item 10B: Recommendation to 1) Direct staff to develop and bring forward a Land Development Code Amendment regarding the regulation of automobile service stations, including gas stations, adjacent to residential property which have more than eight (8) fuel pumps or provide for fueling of more than eight (8) cars at any point in time; and 2) Adopt a resolution to stay the receipt of new applications for development orders regarding automobile service stations, including gas stations, adjacent to residential property while the proposed land use regulation is prepared and vetted. (Commissioner Fiala's request) Continue Item 11A to the September 9, 2014 BCC Meeting: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. (Commissioner Nance's request) Withdraw Item 11E: Recommendation to award Bid No. 14 -6269, "Collier County Northeast Recycling Drop -off Center," to Cleveland Construction in the amount of $5,156,769.21; and, authorize a budget amendment of $1,400,000 to move funds from Project No. 59015, "Airspace Recovery," to Project 59009, "Northeast Recycling Drop -off Center." (Staffs request) Continue Indefinitely Item 16K4: Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against the Vineyards Development Corporation, Debra Lee Gogan, Amelia Sosa, and Astrid Ramireza in the Circuit Court of the Twentieth judicial Circuit, in and for Collier County, Florida, to recover damages for the repair of a traffic control box in the amount of $30,771.56, plus costs of litigation. (County Attorney's request) Note: Item 11C Executive Summary title should read: Recommendation to approve an Agreement for Sale and Purchase with Asset Recovery XVIII, LLC, for the purchase of property to accommodate the future Wilson /Benefield Benfield alignment and improved access to the Resource Recovery Business Park and approve a budget amendment. Also, in the Objective section, the reference to a "302 + / -" acre parcel should be revised to a "305.59" acre parcel. (Staffs request) Item 16A1 Executive Summary title should read: Recommendation to approve an extension of tw© three years for completion of Site Development Plan (SDP) improvements associated with Tenchitas Convenience Store (SDP AR- 14305) pursuant to Section 10.02.03 H of the Collier County Land Development Code. (Staffs request) Proposed Agenda Changes Board of County Commissioners Meeting July 8, 2014 Page 2 Item 16A17 Executive Summary title should read: Recommendation to approve seven releases of code enforcement liens with a combined accrued value of $138,238.19, for payment of $4,188.19 and a related settlement agreement, in the code enforcement actions entitled Board of County Commissioners v. Judith Harbrecht Hill and William P. Hill, Trustees, in Special Magistrate Case Nos. CEPM20100008282, CEPM20110004402, CEPM20110011182, CEPM20120000872, CEV20120000968, CENA20120009734 AND CEPM20120017192, relating to property located at 451 Torrey Pines Point, Collier County, Florida. Also, the Recommendation section should read: That the Board of County Commissioners waives accrued fines in the amount of $134,050, accept payment of $4,188.19, releases the liens, and authorizes the Chairman to sign the attached lien releases for recording in the Official Public Records, and attached Mutual General Release and Settlement Agreement. (Staffs request) Item 16E10: For purchases estimated to be greater than $50,000 per order and less than $200,000 per order, the department may quote out work among the awarded vendor(s) with Purchasing Department approval. (Staffs request) Items 17B and 17C: 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. (Staffs request) Time Certain Requests: Item l ID to be heard at 10:45 a.m. (Commissioner Fiala's request) 7/8/2011 10:08 AM 7/8/2014 11.A. EXECUTIVE SUMMARY Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. OBJECTIVE: To obtain reimbursement of County funds expended on a private road. CONSIDERATIONS: On September 11, 2013, the Fire Chief of Big Corkscrew Island Fire Control and Rescue District petitioned the Board to repair Platt Road which had been made impassable due to heavy rains. The condition of the road prevented timely response by fire and emergency vehicles and caused damage to one fire vehicle. Platt Road is a private road and the County is not responsible for the repair or maintenance. Article VII, Section 10 of the Florida Constitution requires that the expenditure of county funds must be for public purpose, and includes a general prohibition of the use of taxpayer dollars to repair or maintain private roads. On September 24, 2013, the Board passed Resolution No. 2013 -221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles. Immediately following that Resolution they put it into effect by passing Resolution No. 2013 -222 specifically addressing Platt Road and included the following points; 1. Directed County Manager to take immediate action to make minimum repairs necessary to facilitate the transport of emergency service vehicles along Platt Road. 2. Directed County Manager to send out letters to property owners serviced by Platt Road to request that they form a voluntary Municipal Services Taxing Unit (MSTU) for the purpose of road maintenance and to assist them in this endeavor. 3. If the property owners do not form a voluntary MSTU within six months, the County Manager will place an item on the Board agenda to establish an involuntary MSTU. 4. Initial funds generated by the MSTU shall be used to repay the County its full cost of repairing the road. Funds in excess of that amount would be applied to future road maintenance and repairs. Platt Road emergency repairs were completed on September 25, 2013 at a cost of $10,500. A letter was sent to all property owners in the area on October 22, 2013. No action has been taken to form a voluntary MSTU. However, the community has organized themselves and devised a plan for the continued maintenance of Platt Road and other roads in the area to avoid the need for the County to expended future funds in the area. Thus far, the community has reported spent $2,560 to maintain Platt Road. With this plan in place the community felt there was no need for a voluntary MSTU for the ongoing maintenance of the road. Thus far no funds have been repaid to the County for the emergency repairs of Platt Road. In keeping with the established procedure, staff is initiating the establishment of an MSTU solely for the repayment of $10,500 to the County. The boundaries of the MSTU have been proposed to include only those properties that are adjacent to Platt Road with access and must utilize Platt Road to enter and exit the respective property. See Map attached to this summary. Packet Page -104- 7/8/2014 11.A. Approval of this MSTU Ordinance will set in motion a series of fiscal steps including: (1) Creation of the Platt Road MSTU Fund and related Cost Center; (2) Mechanism to establish the budget based upon certified taxable value and applied millage rate. Based upon a projected taxable value equal to $1,678,352 the extension of taxes based upon three mils would raise approximately $5,000 annually which would require a repayment schedule of a little over 2 years (3 years of tax levies) with no excess funds available for future maintenance. If the Board would prefer a shorter schedule the amount of millage would have to be increased. FISCAL IMPACT: Approval of this item would refund Collier County $10,500 over a two year period for emergency repairs of Platt Road. LEGAL CONSIDERATIONS: This item has been approved for form and legality and requires a majority vote for Board action. - JAB GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners authorizes advertising an ordinance creating the Platt Road Improvement MSTU to fund and levy not to exceed three mils of ad valorem taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. Prepared By: Harry Sells, Project Manager, Alternative Transportation Modes Department Attachments: Ordinance Packet Page -105- COLLIER COUNTY Board of County Commissioners Item Number: 11.11.A. 7/8/2014 11.A. Item Summary: Recommendation to authorize advertising an ordinance creating the Platt Road Improvement Municipal Service Taxing Unit to fund and levy not to exceed three mils of Ad Valorem Taxes per year to reimburse the County $10,500 for emergency roadway improvements made to Platt Road. Meeting Date: 6/24/2014 Prepared By Name: SellsHarry Title: VALUE MISSING 5/30/2014 8:19:42 AM Approved By Name: SotoCaroline Title: Management/Budget Analyst, GMD Construction & Maintenance Admin Date: 5/30/2014 12:43:25 PM Name: ArnoldMichelle Title: Director - Alt Transportation Modes, Alternative Transportation Modes Date: 5/30/2014 3:54:28 PM Name: TownsendAmanda Title: Director - Operations Support, Public Services Division Date: 6/4/2014 9:17:41 AM Name: AlonsoHailey Title: Operations Analyst, Public Services Division Date: 6/5/2014 11:37:00 AM Name: CarnellSteve Title: Administrator - Public Services, Public Services Division Date: 6/5/2014 1:54:56 PM Name: BelpedioJennifer Title: Assistant County Attorney, CAO General Services Packet Page -106- 7/8/2014 11.A. Date: 6/10/2014 8:35:10 AM Name: StanleyTherese Title: Management/Budget Analyst, Senior, Grants Management Office Date: 6/10/2014 10:12:44 AM Name: FinnEd Title: Management/Budget Analyst, Senior, Transportation Engineering & Construction Management Date: 6/11/2014 10:50:04 AM Name: KlatzkowJeff Title: County Attorney, Date: 6/13/2014 4:30:03 PM Name: OchsLeo Title: County Manager, County Managers Office Date: 6/16/2014 12:04:32 PM Packet Page -107- 7/8/2014 11.A. ORDINANCE N0.2014 - AN ORDINANCE CREATING THE PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT; PROVIDING THE AUTHORITY; PROVIDING FOR THE CREATION; PROVIDING A PURPOSE AND GOVERNING BODY; PROVIDING FUNDING AND THE LEVY OF NOT TO EXCEED THREE (3) MILS OF AD VALOREM TAXES PER YEAR; PROVIDING FOR THE COLLECTION OF TAXES; PROVIDING FOR DUTIES OF THE COUNTY MANAGER OR HIS DESIGNEE; PROVIDING FOR SUNSET; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, that portion of Platt Road between Immokalee Road and its eastern terminus, hereinafter referred to as "Platt Road," and a short section of Corkscrew Lane extending crossing Platt Road are currently private roadways and not maintained by the County; and WHEREAS, the responsibility for the maintenance of Platt Road lies with no one entity or individual, but rather falls to the individual property owners; and WHEREAS, on September 11, 2013, the Fire Chief of Big Corkscrew Island Fire Control and Rescue District petitioned the Collier County Board of County Commissioners (BCC) to repair Platt Road which had been made impassable due to heavy rains. The condition of the road prevented timely response by Fire and Emergency vehicles and caused damage to one Fire Vehicle. WHEREAS, on September 24, 2013, the BCC passed Resolution No. 2013 -221 establishing a procedure under which public funds could be used for emergency repairs of private roads to allow the passage of emergency vehicles. WHEREAS, on September 24, 2013, using the procedure established in Resolution No. 2013 -221, the BCC also passed Resolution No. 2013 -222, authorizing emergency repairs to be made to Platt Road and funded by an MSTU created for such purpose. WHEREAS, on September 25, 2013, emergency repairs on Platt Road were completed at a cost of $10,500.00. WHEREAS, in keeping with Resolution 2013 -222, a Platt Road Municipal Service Taxing Unit (MSTU) is being created for the purposed of levying taxes and repaying the County for the repairs made to the road. Page 1 of 5 Packet Page -108- �'q 7/8/2014 11.A. NOW TI-IEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. Authority This Ordinance is adopted pursuant to the provisions of Section 125.01 and Chapter 200, Florida Statutes, and other applicable provisions of Law. SECTION TWO. Creation of the Municipal Service Taxing Unit There is hereby created and established the Platt Road Improvement Municipal Service Taxing Unit hereinafter referred to as the "MSTU." The properties within the Municipal Service Taxing Unit and its boundaries are as described on the attached Composite Exhibit "A" that is incorporated by reference. SECTION THREE. Purpose and Governing Body The MSTU is created for the purpose of providing levying taxes and repaying the County for the repairs made to the road. The governing body of the MSTU shall be the Board of County Commissioners of Collier County, Florida. SECTION FOUR. Funding and Levy of Taxes For the purpose of implementing this Ordinance, the Board of County Commissioners shall annually until the debt is repaid, at the time required by general budgetary law, make an itemized estimate of the amount of money required to carry out the purpose of the MSTU for the next fiscal year, which shall be from October 1 to and including September 30 following. The estimate shall describe the purpose for which the moneys are required and the amount necessary to be raised by taxation within the MSTU. The revenue will be used to reimburse Collier County for expenditures required for emergency repairs of Platt Road. At the time and place for fixing the annual rate of taxation for County purposes, the Board of County Commissioners shall fix and cause to be levied on all properties within the MSTU, subject to taxation, a millage rate not to exceed three (3) mils per year. Page 2 of 5 Packet Page -109- �'q 7/8/2014 11.A. SEC'T'ION FIVE Tax ASsessment and Collection Taxes herein provided for shall be assessed and collected in the same manner and form as provided for the assessment and collection of general County taxes and subject to the same fees for assessing and collecting as general County taxes. SECTION SIX. Duties of the County Manager or His Designee The duties of the County Manager or his designee shall be: A. To aid and assist the Board of County Commissioners in carrying out the purposes of the MSTU in accordance with established practices and policies of the Board of County Commissioners and as set forth in this Ordinance. B. To prepare and recommend to the Board of County Commissioners an itemized annual budget of the amount of money required to carry out the business of the MSTU for the next fiscal year. C. To provide periodic written reports to the Board of County Commissioners of the activities of the MSTU and its finances in accordance with established guidelines of the Board of County Commissioners. SECTION SEVEN. Sunset This Ordinance shall automatically sunset on September 30, 2017, unless extended by Resolution of the Board of County Commissioners. SECTION EIGHT. Conflict and Severability In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply, If any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE. Inclusion in the Code of Laws and Ordinances Page 3 of S Packet Page -110- 9. 7/8/2014 11.A. The T�rovisions of 1h;S Ord.narce shall become and be made a part of the Code of Laws t. and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION TEN. Effective Date This Ordinance shall be effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this day of June, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROC'K, Clerk OF COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, CHAIRMAN Approved as to form and legality: Jennifer A. Belpedio, Assistant County Attorney Page 4 of 5 Packet Page -111- y„ 7/8/2014 11.A. COMPOSITE EXHIBIT «A» GEOGRAPHIC BOUNDARIES: The boundaries of the PLATT ROAD IMPROVEMENT MUNICIPAL SERVICE TAXING UNIT shall comprise all that land located in Collier County, Florida, and specifically described as: Township 47, Range 27 The North '/2 of the South'' /2 of Section 26, Plus The East '/2 of the Southeast' /4 of the Southeast 1/4, of the Northwest' /4 of Section 26, plus The West 1/2 of the Northwest 1/4, of the Southwest 1/4, of the Northeast 1/4, Section 26, plus The West %2, of the Southwest 1/4, of the Southwest 1/4 of the Northeast 114 of Section 26, plus The North '/2 of the North '/2 of the Southwest '/4 , minus East 1/2 of the Northeast '/ of the Northeast '/4 of the Southwest '/4 of Section 25, plus The South V2 of the North 1/2 of the Southwest 1/4 minus, Southeast 1/4, of the Northeast 1/4 of the Southwest 1/4 of Section 25, plus East '/2 of the West 1/2 of the Northwest %4 of the Southeast V4 of Section 25, plus West 'h of the East 1/2 of the Northwest'' /4 of the Southeast'/ of Section 25. Containing therein 250 acres, more or less. Page 5 of 5 Packet Page -112- ��G Im CAME" i � r ,+ 4. Friends IP016 .s 5 ft�a taws •v.„ ,��'7mA yy, m "`"xi-�f � _ #, +€ i. � . �.., e i a '� dM"i '+f`" fit,. Y '� � us.✓� hY:1l ,s c (L IN , \N;4 -* �or� s tvr a w 2f r z iv _ , g s �" 7:d.1 r 7/8/2014 11.A. COMMUNITY PROPOSAL !N L!E! �� nF MSOTU The Corkscrew Island community would like to propose self- maintenance of the private roads in the Corkscrew Island /Platt Road area in lieu of a mandatory or voluntary MSTU. The Corkscrew Island community has organized itself under the leadership of the Corkscrew Island Neighborhood Association (CINA) to provide an alternative proposal to manage and maintain private roads in the Corkscrew Island area. Over the last several months the residents have organized themselves, evaluated needs, and assumed the maintenance of the roads through in -kind donations, sweat equity, and cash contributions provided by residents and property owners. Attached is a proposal for Road Maintenance Coordination outlined by the Corkscrew Island Neighborhood Association, along with a record of recent maintenance contributions, expenses, and activities, a record of in -kind contributions, and a map indicating the work accomplished within the neighborhood to date. This effort has been organized by the Corkscrew Island Community to address the necessary repairs and maintenance of the private roads in this area on an ongoing and continual basis. Given this effort and the efforts of the community over the past several months, the Corkscrew Island /Platt Road Community would like to request that the BCC forgive the $10,500 expended by the County, in return for a commitment of the Corkscrew Island Community through assistance of the Corkscrew Island Neighborhood Association to continue to use best efforts to maintain the roads in good condition and to provide information and oversight of private road maintenance. Corkscrew Island Neighborhood Association will advise the Collier County staff annually as to the progress and status of road maintenance. A presentation on this proposal will be made by: Maureen Bonness, Ph.D., Corkscrew Island Neighborhood Association or Doug Wilson Secretary, Corkscrew Island Neighborhood Association Packet Page -114- 7/8/2014 11.A. Corkscrew Island Neighborhood Association Policy for ROAD MAINTENANCE COORDINATION This policy establishes CINA's program for coordinating volunteer efforts for maintaining the unpaved roads in our service area. Background. The need to assist with road maintenance emerged in 2013, when our fire chief brought to the attention of county government that one or more of the roads in our service area was in urgent need of repair so that emergency vehicles could obtain access. The roads had been eroded by rains. In September 2013, the county proposed establishment of an MSTU to serve some or all of our service area. In March 2014, CINA conducted a poll of the residents and owners, which resulted in an overwhelming vote against an MSTU. The understanding was that we were voting for some manner of local volunteer effort to keep the roads adequately maintained. This policy is designed to assist CINA members in pursuing such efforts. Basic concept. Volunteers will maintain the roads. CINA will assist with information. Volunteers will act completely independently from CINA, but if they seek CINA's infonnation or coordination, they will have to be CINA members and waive liability of CINA. Practice and procedure. 1. Role of'CLVA. CINA will gather information on how to maintain the dirt roads, what resources are available within the CINA community and outside it, and what the costs of the resources are as last reported by the volunteers. CINA will assist volunteers who are CrNA members by providing them access to resource information and by assisting in coordinating with other volunteers and resource providers. CINA will maintain its legal independence from the activities of the volunteers by requiring that project leaders accept an agreement which waives liability of CINA in exchange for CINA's assistance. CINA will provide general information and guidance on its website about this plan. 2. Role of the volunteers. Anyone has the right to maintain their road without any interaction with or assistance from CINA. Even if CINA's assistance is sought, volunteers may organize their efforts however they wish. But in exchange for CINA's assistance, the project leader for the volunteers must accept the agreement referred to above. The agreement also will provide that financial information about donations received and expenditures made for the project be provided to CINA, so that good information about current costs of such projects is maintained, and also as a protection for donors. 3. One model for success. One recent experience, led by Eduardo and Maria Tabraue, was successful and worked like this: Packet Page -115- 7/8/2014 11.A. a. Identify project leaders. It takes someone, in this case a couple, to take the lead. It helps if the leaders know many of their neighbors affected by the proposed improvements, and are good about keeping records. In this case, Eduardo was the "field man ", and reached out to the neighbors for donations and those able to help with trucking and grading, and Maria kept careful records of all the money. b. Identify the roads needing repair. In most cases, this will be obvious to those who live along the roads, but opinions may differ about how urgent repairs are. It will be up to the neighbors to come to a consensus about that. However, CINA will invite our Fire Chief and Sheriff to give us their input when they think particular roads urgently need repair so that emergency services can reach residents. c. Contact resource providers. It's necessary to find out how much various kinds of fill cost. CINA will maintain information about that, but prices change and sometimes special deals become available. For example, some construction in the area may involve dirt being hauled away which may be available to us for free plus transportation cost. Similar availability and pricing needs to be obtained for trucking and grading. d. Contact donors. Typically the neighbors along the road will be the likely donors. Some will give more than their share, some less or none. A little salesmanship can help. With resource pricing in hand, you should be able to estimate roughly how many loads will be required, and what the cost will be to do the job, so you can divide out what the contribution of the affected neighbors will be. Keep good records of all donations. e. Order the resources. You can only order the amount of resources your accumulated donations will pay for. If you don't have enough to do any part of the work effectively, and can't persuade the neighbors to donate more, you will need to refund the donations, or by agreement with the donors, keep them until more money can be raised. Keep good records of all orders. If you are keeping donations indefinitely, you should open a special trust account for that purpose. f. Do the work. You will have to schedule the delivery of the fill, the grader, and any other people necessary to get the fill properly spread onto the parts of the road needing it. g. Repeat as necessary. If the first round of the above tasks doesn't finish the project, repeat the sequence until the project is completed. h. Give copies of records to CINA. It's helpful to the community to gather information about each project, so that what is learned in one project can benefit others. Also, anytime donated money is involved, it's good for everyone to have a bit of oversight. 2 Packet Page -116- Su LAM h� �c, �% 7/8/2014 11.A. Apr Cor-�.Scrt-w L. iccintl oQ.t O Aor � oo VQAb M A MT E N A O CE� ? o o- d piErt' Lo ads 2AV� u m eA+ 00- s i~ Fo-vin Lao i 7 t > _ _ _ 3, 5 3 . r J45 (00 L,i I E i 3 orl , v o s L -To TAL I i `7 Li l am i "s ,I�o nA� L PF- IQ ► E j 036 3 i M 0-4- f cz! Ta. czv Packet Page - 117 - 7/8/201411.A. o rk:s"cw Ts 6d Akj46 r- hood r- w Ropb MA-t M -rc-NA Nc, E EkPZASt, ao1 Name, Ayr e " s Ids Am o-r Poad 'Sha-ad �-UrZ5. 3-1110 Lmn i6muli r-aw-n il r—rt. 3 - a I v ' �,C� fallu joo ri uiz 16-0 L F- t loo W. 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Lilac Lilac S -N old & new Lilac S -N Lilac S -N free rock fill Platt W -E2 Packet Page -125 - 7/8/2014 11.A. Fawn Road Fawn Lane E -W Fawn Lane S -N Fawn Lane E -W 2 Fawn Lane S -N 2 Fawn Lane S -N at Rady's Packet Page -126- Fawn Lane S -N from Rady's