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Agenda 03/08/2011 Agenda Index COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 March 08,2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Vice-Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003-53 as amended by ordinance 2004-05 and 2007-24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. 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 often 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. Rabbi Adam Miller of Temple Shalom 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. January 31,2011- BCC/EARAdoption Hearing C. February 8,2011- BCC/Regular Meeting D. February 9,2011- BCC/Naples City Council Special Meeting 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating March 2011 as Purchasing Month. To be accepted by Steve Pg. 1 - 2 Carnell. Sponsored by Commissioner Coletta. B. Proclamation designating March 7 through March 11, 2011 as the 31st Anniversary of Pg. 3 - 4 Know Your County Government Week. To be accepted by Laura Gonzalez and John Vollmer. Sponsored by Commissioner Coletta. C. Proclamation designating March 13 through 19, 2011 as Sunshine Week In Collier Pg. 5 - 6 County. To be accepted by Robert St. Cyr. Sponsored by Commissioner Hiller. D. Proclamation designating March 13 through March 19, 2011 as Save The Florida Pg. 7 - 8 Panther Week. To be accepted by Lisa Ostberg. Sponsored by Commissioner Coletta. E. Proclamation designating March 20 through March 26, 2011 as Florida Surveyors & Pg. 9 -10 Mappers Week. To be accepted by Dean Davis, PSM, Stephen Higgins, PSM, and David Hyatt, PSM. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Presentation of the Collier County "Business of the Month" award to the following Pg.11 three companies headquarted in Collier County; Ark Naturals - to be accepted by CEO Jay Weiss and President Susan Weiss; Haynes Corporation - to be accepted by Jim Dixon, Laura Dixon, Scott Dixon and Greg Schultz; and Media Vista Group - to be accepted by Mayela Rosales and Orlando Rosales. 6. PUBLIC PETITIONS A. Public Petition request from Mary Barfield regarding Domestic Animal Services representatives in Immokalee area. Pg. 12 - 15 B. Public Petition request from Robert D. Fisher seeking the support of the Board of Pg. 16 - 18 . . . County Commissioners in the community's efforts to compel the Florida Department of Transportation to authorize the installation of a traffic light at the intersection of U.S. 41 and Barefoot Williams Road, and the entrance to Eagle Lakes Community Park C. Public Petition request from Timothy Nance representing the Golden Gate Estates Area Civic Association requesting an increase in public involvement and awareness in the development of the Collier County Master Mobility Plan. Pg.19 - 22 7. BOARD OF ZONING APPEALS Item 7 to be heard no sooner than 1:00 pm unless otherwise noted. A. This item requires that ex parte disclosure be provided by Commission members. Pg. 23 - 111 Should a hearing be held on this item, all participants are required to be sworn in. A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA-PL2010-739, for a variance from Land Development Code Section 5.03.06 E.6 to permit a reduced side yard (riparian) setback from 7.5 feet to 0 feet on property located at 39 West Pelican Street in Section 31, Township 51 South, Range 26 East, Collier County, Florida. 8. ADVERTISED PUBLIC HEARINGS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. Pg. 112 - 121 B. Appointment of member to the County Government Productivity Committee. Pg. 122 - 139 C. Appointment of members to the Immokalee Enterprise Zone Development Agency. Pg. 140 -169 D. Appointment of member to the Affordable Housing Advisory Committee. Pg. 170 - 177 E. To update the Board on the general status of PACE programs and the Pg. 178 - 180 recommendations of the Collier County Energy Task Force (Task Force); to request authorization to move forward to solicit information via Request for Information (RFI); and to authorize staff to continue working with the Task Force to develop a scope for a possible Request for Quotes (RFQ) for a commercial PACE program. (Commissioner Coletta) F. Discussion regarding the implementation of a system to help diminish the posting of Pg. 181 - 183 unwanted illegal signs which are littering our County. (Commissioner Henning) G. Verification of the legality of the C-2 grant funding to the County's Freedom Memorial project and determination of corrective action, if needed, by way of motion. (Commissioner Hiller) . . . 10. COUNTY MANAGER'S REPORT A. Recommendation to approve and authorize the Chairman to sign a Charitable Organization Impact Fee Deferral, in the amount of $100,000, for New Hope Ministries, Incorporated in accordance with Section 74-203 (i) of the Collier County Code of Laws and Ordinances which provides criteria for impact fee deferrals available to charitable organizations. (Amy Patterson, Impact Fee Manager) Pg.184 - 214 B. This item continued from the February 22,2011 BCC Meeting. Recommendation to Pg. 215 - 219 award Contract 10-5572 for Wiggins Pass Permitting, Modeling & Inlet Management Plan to Coastal Planning & Engineering, Inc. (CP&E) and authorize the Chairman to execute a contract in the amount of $177,811. (Gary McAlpin, Coastal Zone Management Director) C. This item to be heard at 3:00 p.m. Recommendation to approve staff recommendation Pg. 220 - 226 that the Vanderbilt bathroom and concession facility be built to conform to FEMA's National Flood Insurance Program (NFIP) guidelines for VE-14 elevated facility. (Gary McAlpin, Coastal Zone Management Director) D. Recommend approval of the award ofRFP #10-5450 "Asphalt Roadway, Concrete, Pg. 227 -718 Curb, Sidewalk and Driveway Installations" to multiple firms for an estimated annual amount of $2,000,000. (Steve Carnell, Purchasing Director) E. Recommendation to hire outside legal counsel to review, update and comment on the Pg. 719 - 721 current Board approved Purchasing Policy and proposed changes. (Steve Carnell, Purchasing Director) 11. COUNTY ATTORNEY'S REPORT A. 1:00 P.M. Time Certain Notice of Closed Session. Notice is hereby given that pursuant to Pg. 722 - 724 Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, MARCH 8, 2011. The session, originally noticed for a time certain of 12:00 noon, will instead be held at 1:00 p.m. in the Commission Conference Room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager Leo Ochs, County Attorney Jeffrey A. Klatzkow, and Litigation Section ChiefJacqueline W. Hubbard will be in attendance. The Board in executive session will discuss: Strategy session related to litigation expenditures and settlement negotiations in the pending case of Collier Countyv. South Florida Water Management District, Case No. 09-7419-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. B. 1:30 P.M. Time Certain Return from Closed Session. For the Board of County Commissioners to provide direction to the County Attorney regarding litigation expenditures and settlement negQtiations in the pending case of Collier County v. South Florida Water Management District, Case No. 09-7419-CA, now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. Pg. 72 5 . . . 12. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 10:30 a.m. Presentation of the Comprehensive Annual Financial Report for the fiscal year ended September 30, 2010. Pg. 726 - 728 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. COMMUNITY REDEVELOPMENT AGENCY 1. Election or re-election of the Collier County Community Redevelopment Agency Pg. 72 9 - 730 (CRA) Chair and Vice-Chair for 2011. 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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, thatitem(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to grant final Conditional approval of the roadway (private) and drainage improvements for the final plat of Andalucia (Arlington Lakes PUD) pursuant to Section 10.02.05 C.8 of the Land Development Code with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security except to the extent necessary to ensure completion of the final paving improvements. Pg. 731 - 740 2. Recommendation to grant final Conditional approval of the roadway (private) and drainage improvements for the final plat of Cordoba at Lely Resort pursuant to Section 10.02.05 C.8 of the Land Development Code with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security except to the extent necessary to ensure completion of the final paving improvements. Pg. 741- 748 B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 749 - 764 and execute an extension of Commercial Building Improvement Grant 06/2010 Agreement between the Bayshore/Gateway Triangle CRA and Augustina Taste of Chicago, LLC due to certain permitting delays. (3300 Davis Boulevard, Fiscal Impact: None) c. PUBLIC UTILITIES DIVISION 1. Recommendation to direct the County Manager or his designee to advertise an Pg. 765 -775 . Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District until such a time when connection to the regional water and/or sewer system is anticipated within a ten-year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the 2010 Annual Update and Inventory Report. 2. Recommendation to approve a Right-of-Way Consent Agreement and Pg. 776 - 794 Memorandum of Right-of-Way Consent Agreement from Florida Power & Light Company for access on, over and across a portion of property located at Naples HMA (Collier Regional Hospital), and City Gate Commerce Center. D. PUBLIC SERVICES DIVISION 1. Recommendation to adopt a Resolution approving the Collier County Parks and Pg. 795 - 807 Recreation policy and procedures for the sale and consumption of alcoholic beverages (beer and wine) in Collier County Parks. 2. Recommendation to reject associated vendor bids that were a result of Pg. 808 - 815 solicitation (ITB) 11-5635 Waterways Piling Installation and Removal. The annual impact associated with this solicitation is approximately $50,000. 3. Approve Change Order No.1 to Contract 10-5428 with Physician Led Access Network, Inc. for a Health Information Technology Grant with the Department of Health and Human Services, Health Resources and Services Administration in the amount of $45,000. Pg. 816 - 839 . 4. Recommendation to approve and authorize the Chairman to sign three (3) Pg. 840 - 888 subrecipient agreements for the State of Florida, Department of Children and Families Challenge Grant for assistance to homeless residents of Collier County. Total grant funding is $63,397 with pass through funding at $43,397 for the three nonprofit subrecipients and $20,000 to be retained by Collier County Housing, Human and Veteran Services to support administration of the Homeless Management Information System in Collier County. 5. Recommendation to approve and authorize the Chairman to sign contract Pg. 889 - 942 amendments between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc., and approve a budget amendment which reflects additional grant funding in the amount of $25,000 for the Alzheimer's Disease Initiative program in the amount of $120,490. 6. Recommendation to approve and authorize the Chairman to sign contract Pg. 943 - 996 amendments between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida, Inc., which reflects a decrease of grant funding in the amount of $10,000 for the Home Care for the Elderly program for FYll. . 7. Recommendation to approve and authorize the Chairman to sign a subrecipient Pg. 997 -1014 agreement with St. Matthew's House providing for a $110,423 Housing and Urban Development (HUD) Continuum of Care (CoC) homeless assistance grant to aid with the cost of daily operations and supportive services provided by . Wolfe Apartments ofSt. Matthew's House. 8. Recommendation to approve the proposed amendment to Ordinance No. 89-11 Pg. 1015 - removing "Key Island" from the attached list 'ofbarrier islands, authorize the 1020 County Manager or his designee to advertise said Ordinance, and return to the Board to final approval. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to authorize the Department of Facilities Management to Pg.l021- advertise and bring back for future consideration an amendment to Ordinance 1027 No. 2006-03 (the Collier County Airport-Type Screening Ordinance) that will expand the airport-type security searches to include individuals entering the Immokalee Government Center (Courthouse) and the James V. Mudd Emergency Services Center. 2. Recommendation to approve the award ofRFP # 10-5373, "Energy Pg. 1028 - Management," and agreements to Johnson Controls, Inc., and Tampa Bay 1054 Systems Sales, Inc. d/b/a Tampa Bay Trane Energy Services in the estimated annual amount of $160,000. 3. Recommendation to authorize a Budget Amendment to transfer $146,000 from Pg. 1055 - . CountyWide Capital Fund 301, Project 52004, to Roofing Repair Project 52161, 1066 so that sufficient funds are available for replacing the existing, deteriorated roof on Government Center Building C, housing the Tax Collector's and the Supervisor of Elections' offices. 4. Recommendation to advertise the proposed amendment to the Conservation Pg. 1067 - Collier Ordinance No. 2002-63, as amended, which provides for the ability to 1072 increase funding of the Conservation Collier Management Trust Fund (174) by removing the annual cap of ad valorem taxes that may be appropriated and allowing for transfer of funds into Fund 174 from the Conservation Collier Acquisition Trust Fund (172). 5. Selection of firms under Request for Proposal (RFP) 09-5262-S for Engineering Pg. 1073 - Services for Collier County. 1080 6. Recommendation to approve of the award ofRFP 10-5548 Full Service Pg. 1081 - Auctioneer to Atkinson Realty & Auction, Inc. 1085 7. Recommendation to accept reports and ratify staff-approved change orders Pg. 1086 - and changes to work orders. 1111 F. COUNTY MANAGER OPERATIONS . 1. Recommendation to approve a Memorandum of Understanding between Collier Pg. 1112 ,; County and Living Word Family Church. 1117 . . H. . 2. This item continued from the February 22,2011 BCC Meeting. Report to the Board of County Commissioners (BCC) pursuantto direction under Item 10C at the February 8, 2011 BCC Meeting providing an accounting of all public funds spent on the Jackson Laboratory Project. G. AIRPORT AUTHORITY 1. Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorize the Chairman to execute the three attached Advertisement License Agreements with MJA Publicity Corporation for advertising at the Marco Island Executive Airport. 2. Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approve and authorize the Chairman to execute the attached Car Rental Service Concessionaire Agreement with Enterprise Leasing Company of Florida d/b/a Enterprise Rent-A-Car to provide car rental services at the Marco Island Executive Airport, Immokalee Regional and Everglades Airpark. 3. Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Authority's Executive Director to execute the attached t-hangar standard lease agreements for the Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Urban Land Institute (ULI) Mitigation Program on February 10, 2011 at the Stoneybrook Community Center, Estero, Florida. $15 to be paid from Commissioner Coletta's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Marine Corps League of Naples Seventh Annual "Honor the Free Press Day" Luncheon on March 16, 2011 at the Naples Hilton in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association monthly luncheon on February 17, 2011 at Hamilton Harbor Yacht Club in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the United Arts Council Stars in the Arts Awards Luncheon on March 4, 2011 at the Naples Grande Resort in Naples, FL. $95 to be paid from Commissioner Fiala's travel budget. Pg. 1118 - 1184 Pg. 1185 - 1190 Pg.1191- 1204 Pg. 1205 - 1213 Pg.1214 - 1216 Pg. 1217 - 1220 Pg.1221- 1225 Pg. 1226 - 1230 . . . I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to files for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of February 12, 2011 through February 18, 2011 and for submission into the official records of the Board. 2. Recommendation that the Board of County Commissioners approve the State of Florida Annual Local Government Financial Report for the fiscal year ended September 30, 2010 as required by Florida Statute 218.32. K COUNTY ATTORNEY 1. Recommendation to approve an Agreed Order Taxing Expert Fees and Costs in the amount of $13,168 for Parcels 159FEE and 159TCE in the lawsuit styled Collier County v. Timothy Maloney., et aI., Case No. 10-2690-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $13,168). 2. Recommendation to approve an Agreed Order Taxing Expert Fees and Costs in the amount of $8,580 for Parcels 168FEE and 168TCE in the lawsuit styled Collier County v. Scott Faunce., et aI., Case No. 10-2684-CA (Collier Blvd. Project No. 68056) (Fiscal Impact $8,580). 3. Recommendation to approve the partial release oflien in the Code Enforcement Actions entitled Board of County Commissioners vs. Francisca Alas, Code Enforcement Board Case No. 2007-49, relating to property located at2592 Santa Barbara Boulevard, Collier County, Florida. 4. Approve an Agreed Order awarding expert fees in connection with the acquisition of Parcel 811 in the lawsuit styled Collier County v. Myrtle Preserve, LLC., et aI., Case No. 07-0463-CA, Lely Area Stormwater Improvement Project No. 51101 (Fiscal Impact $21,511). 5. Recommendation to authorize the County Attorney to file a Proposal for Settlement in the lawsuit entitled Darling Elie and Jadarrien Elie v. Collier County, et. aI., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07-1463-CA, for the sum of$190,000 and authorize the County Attorney and Risk Management Director to settle the lawsuit if the Proposal for Settlement is accepted. 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 Pg. 1231- 1234 Pg. 1235 - 1248 Pg. 1249 - 1261 Pg.1262 - 1266 Pg. 1267 - 1271 Pg. 1272 - 1274 Pg. 1275 - 1279 Pg. 1280 - 1282 . . . commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. This item has been continued from the February 22,2011 BCC meeting. Recommendation to approve an ordinance repealing Ordinance No. 86-28, as amended, relating to flood damage prevention, in order to adopt, to the extent applicable, the regulations and policies set forth in the State of Florida Model Flood Damage Prevention Ordinance. B. Recommendation to adopt an Ordinance amending Ordinance No. 1989-98, which ratified the establishment of the Ochopee Fire District Advisory Board, in order to revise requirements relating to appointment and composition. C. This item has been continued from the February 22,2011 BCC meeting and has been withdrawn by staff to revise and resubmit for Board action at a later date. Recommendation to adopt an Ordinance amending Collier County Ordinance No. 2006-56, Rock Road Improvement Municipal Service Taxing Unit, per the Board's January 25,2011 direction under Agenda Item 16A2 to amend the geographical boundaries of the MSTU to remove properties that no longer derive benefit from the MSTU's stated purpose and to create an Advisory Committee to provide input to county staff as to future projects within the MSTU. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Pg. 1283 - 1353 Pg.1354 - 1359