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Agenda 03/22/2011 Agenda Index COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 01.."'\ 11/.;- . -.~ ~ " ( If I' ...... )/ ,,\ AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3" Fioor Naples FL 34112 March 22, 2011 NOTE TIME CHANGE - 8:30 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice-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 Bce 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. Pastor Tom Stamatinos - Naples Alliance Church 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. February 22, 2011 - BCC/Regular Meeting C. March 3, 2011- BCC/EMS Blue Ribbon Committee Workshop 3. SERVICE AWARDS 4. PROCLAMATIONS 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public petition request from Rocco A. Migliazzo requesting a return of the original zoning and agriculture value for his property located at 1815 Dove Tree Street. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 10:00 a.m. Recommendation to approve the 2010 Cycle of Growth Management Plan Amendments, including one 2008 Cycle Petition, for transmittal to the Florida Department of Community Affairs (DCA) for review and objections, recommendations and comments (ORC) response. (Transmittal Hearing) 9. BOARD OF COUNTY COMMISSIONERS A. Request for reconsideration of Item 10D from the March 8, 2011 BCC meeting regarding RFP#10-5450-Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installations. (Commissioner Henning) B. This item to be heard at 11:00 a.m. Board consideration ofa change to the Tourist Development Council Ordinance that will allow for the Council to direct Tourist Development staff, Coastal Zone Management staff and County Museums staff independent of the County Manager with regard to matters within the Tourist Development Council's purview. (Commissioner Hiller) c. This item to be heard at 11:30 a.m. Discussion to update the Board of County Commissioners on the status of the complaint filed by Collier County Government against the Paramedic Training School with a motion to close the County's Pg.l- 9 Pg. 10 - 85 Pg. 86 - 585 Pg. 586 - 599 Pg. 600 - 602 investigation of this matter. (Commissioner Hiller) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 9:00 a.m. Report to the Board of County Commissioners Pg. 603 - 639 pursuantto the reconsideration of the award of Contract #10-5541 to Paradise Advertising and Marketing, Inc., for Tourism Marketing Services. This item is a companion to Item lOB. (Jack Wert, Tourism Director) B. This item continued from the February 8, 2011 and the February 22,2011 BCC Meeting. Pg. 640 - 656 Recommendation to approve the award of RFP # 10-5541 to Paradise Advertising and Marketing, Inc. for Tourism Marketing Services and authorize the Chairman to sign the standard contract in the amount of $2,350,000 following County Attorney Office approval. This item is a companion to Item lOA and will be heard immediately following Item lOA. (Jack Wert, Tourism Director) C. Recommendation to approve the purchase of property insurance effective April 1, Pg. 657 - 661 2011 in the amount of$3,105,825, a reduction of$313,1Z3, and authorize the County Manager or designee to execute any applications or other documents necessary to bind coverage and services. (Jeff Walker, Risk Management Director) D. Recommendation to adopt a resolution authorizing the condemnation of those Pg. 671 - 727 perpetual and temporary easement interests necessary for the construction of stormwater improvements for the Outfall 3 and 4 segments of the Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $1,556,500. (Norman Feder, Growth Management Administrator) E. Recommendation to adopt a resolution seeking authority to acquire by gift or Pg. 728 - 763 purchase those perpetual and temporary easement interests necessary for the construction of stormwater improvements for the US-41 Ditch segment ofthe Lely Area Stormwater Improvement Project. (Project No. 51101.) Estimated fiscal impact: $1,927,569. (Norman Feder, Growth Management Administrator) 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1. Recommendation to approve a Second Amendment to License Agreement between the Collier County Airport Authority and Immokalee Regional Raceway. Pg. 763 - 784 2. Recommendation to approve a Long-Term Ground Lease and Sub-Lease Agreement between the Collier County Airport Authority and Turbo Services Inc., to permit use of property at the Immokalee Regional Airport as a jet Pg. 785. 801 engine testing facility. 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, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to grant final approval of the roadway (private) and drainage Pg. 802 - 814 improvements for the final plat of Majorca at Fiddler's Creek with the roadway and drainage improvements being privately maintained and authorizing the release ofthe maintenance security. 2. Recommendation to approve the Release and Satisfaction of Lien in the Code Pg. 815 - 818 Enforcement Action entitled Board of County Commissioners vs. MFC Investments (formerly Angel and Lissette Riquelme), Code Enforcement Board Case No. 2006110568 (a.k.a. 2007-34), relating to property located at 2095 47th Avenue NE, Collier County, Florida. 3. Recommendation to approve the Release of Liens and Satisfaction offour Liens Pg. 819 - 828 and one Order in the Code Enforcement Actions entitled Board of County Commissioners vs. Marion Smith and James A. Seals, relating to property located at 5408 Carlton Street, Collier County, Florida. 4. Recommendation for the Board of County Commissioners to endorse staff Pg. 829 - 832 recommendation to the Florida Department of Environmental Protection to amend the Naples Drainage Basin Boundary. 5. Recommendation to approve a PUD amendment zoning fee reduction reqnest Pg. 833 - 838 for the Sabal Bay PUD petition and direct the County Manager or his designee to apply this fee reduction policy consistently with other similar applications. 6. This item requires that ex parte disclosnre be provided by Commission Pg. 839 - 852 members. Shonld a hearing he held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Qnarry Phase 3A, approval of the standard form Construction and Maintenance Agreement and approval ofthe amount of the performance security. 7. This item reqnires that ex parte disclosnre be provided by Commission Pg. 853 - 860 members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Veronawalk Phase 4D, approval of the standard form Construction and Maintenance Agreement and approval ofthe amount of the performance security. 8. Recommendation to accept the second annual report on the "Impact Fee Program for Existing Commercial Redevelopment" and approve a resolntion extending the program for one year, to sunset March 24, 2012, unless otherwise extended. 9. Recommendation to approve the request by the Economic Development Council of Collier County to allow Turbo Services, Inc. to participate in the Fast Track Regulatory Process Program for the proposed construction of a test facility at the Immokalee Regional Airport. B. COMMUNITY REDEVELOPMENT AGENCY Pg. 861 - 869 Pg. 870 - 919 1. Recommend the Collier County Community Redevelopment Agency review and Pg. 920 - 961 approve the Bayshore Gateway Triangle and Immokalee CRA's 2010 Annual Reports, forward the reports to the Board of County Commissioners and Clerk of Conrts and publish public notice of the filing. C. PUBLIC UTILITIES DIVISION 1. Recommendation to approve a Right-of-Way Consent Agreement and Memorandum of Right-of-Way Consent Agreement with Florida Power & Light Co. consenting to a Utility Easement and for access on, over and across a portion of property adjacent to the Roost Road Right-of-Way. D. PUBLIC SERVICES DIVISION 1. Recommendation to approve and execute documents necessary for the conveyance of easements for electric, telephone, cable and related services located at MarGood Harbor Park, 321 Pear Tree Avenue, Goodland, Florida, at a cost not to exceed $85. 2. Recommendation to reject responses to Bid No. 11.5613 Immokalee South Park .. New Community Center" Project. 3. Recommendation to approve and authorize the Chairman to sign Agreements with the David Lawrence Center, National Alliance on Mental IIIness of Collier Connty, Inc., and the Collier County Sheriffs Office to operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant and associated budget amendments. Funding has been provided throngh Memorandum of Understanding #LHZ2 5 from the Florida Department of Children and Families. 4. Recommendation to approve grant related expenditures in excess of $50,000 for real property acquired under the Neighborhood Stabilization Program to fund rehabilitation activities. Funding will ensure compliance with Collier County building code regulations and fnrther the goals and objectives of the Housing Element of the Growth Management Plan. (estimated fiscal impact: $53,548.26) 5. Recommendation to approve grant related expenditures in excess of $50,000 Pg. 962 - 976 Pg. 977 - 991 Pg. 992 - 995 Pg. 996 - 1044 Pg. 1045 - 1054 Pg. 1055 . for three (3) properties acquired under the Neighborhood Stabilization 1073 Program to fund rehabilitation activities. Funding will ensure compliance with Collier Connty building code regulations and further the goals and objectives of the Housing Element of the Growth Management Plan. (estimated fiscal impact: $172,500) 6. Recommendation to approve the submittal ofa Florida Boating Improvement Program Grant Application in the amount of$285,000 to the Florida Fish and Wildlife Conservation Commission and to authorize the Board Chair to execute a resolution providing for same. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve two First Amendments to License Agreements with American Tower Asset Sub, LLC, increasing the combined monthly fee for each site by $50 to compensate for the County's use of the Licensor/Owner's existing electrical service. 2. Recommendation to acknowledge and approve the transfer of ownership from Choice Environmental Services, Inc. to Swisher Hygiene, Inc. d/b/a Choice Environmental Services, Inc. as it relates to Contract #09-5319 for solid waste, recyclable materials, and yard trash collection services. 3. Recommendation to approve an Agreement for an amount not to exceed $25,000 between the GAC Land Trust and the Big Corkscrew Island Fire Control and Rescue District (District) for the purchase of eqnipment to be used by the District. F. COUNTY MANAGER OPERATIONS 1. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insnrance proceeds) to the Fiscal Year 2010-11 Adopted Budget. 2. Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marine Corps League of Naples, "Honor the Free Press Day" event on March 16, 2011 at the Hilton Hotel in Naples, FL. $30 to be paid from Commissioner Henning's travel bndget. 2. Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Semper Pg. 1074- 1093 Pg. 1094- 1102 Pg. 1103 - 1201 Pg. 1202 - 1208 Pg. 1209- 1211 Pg. 1212 - 1230 Pg.1231- 1233 Pg. 1234- 1236 Fidelis Annual Honor the Free Press day lunch on March 16,2011 atthe Naples Hilton in Naples, FL. $25 to be paid from Commissioner HiIler's travel budget. 3. Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Ave Maria Founders Day Dinner on March 15, 2011 at the Naples Hilton in Naples, FL. $25 to be paid from Commissioner Hiller's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. MisceIlaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend approval of the use of Confiscated Trust Funds to Florida Sheriffs Youth Ranches, Inc., and budget amendment for $1,000 to prevent delinquency and develop strong, lawful, resilient and productive citizens. 2. To obtain Board approval for disbursements for the period of February 19, 2011 through February 25, 2011 and for submission into the official records of the Board. 3. To obtain Board approval for disbursements for the period of February 26, 2011 through March 4, 2011 and for submission into the official records ofthe Board. K. COUNTY ATTORNEY 1. Recommendation to approve a settlement agreement prior to litigation with the Railhead Industrial Park Owners Association, Inc., for the sum of $33,705.50 to be paid to the County and authorize the Chairman to execute the Settlement Agreement. 2. Recommendation to approve settlement prior to trial in the lawsuit entitled Board of Connty Commissioners v. Laboratory Corporation of America, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $3,560.93 and authorize the Chairman to execute the Settlement Agreement and/or Release. 3. Recommendation that the Board of County Commissioners approve settlement of the lawsuit filed by Collier County and against JUSTINA T. MENACHIO and RANISHA L. KNOWLES, in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11-00228-SC), in the amount of$2,935.30 for total damages, plus $390.00 in costs of litigation and authorize the Chairman to execute the Release. 4. Recommendation to Authorize the Making of an Offer of Judgment to Respondent, Colombo Enterprises of Naples, Inc., for Parcels 131A, 131B and 133 in the Amount of $378,000.00 in the Lawsuits Styled Collier County v. First Pg. 1237- 1239 Pg. 1240 - 1242 Pg. 1243 - 1245 Pg. 1246- 1259 Pg. 1260 - 1274 Pg. 1275 - 1314 Pg. 1315- 1319 Pg. 1320- 1322 Pg. 1323 - 1327 National Bank of Naples, et aI., Case No. 04-3587-CA, and Collier Countyv. Stonebridge Country Club Community Association, Inc., et aI., Case No. 04-3588- CA, which have been consolidated into one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $199,800 if offer is accepted). 17. SUMMARY AGENDA This section is for advertised puhIic hearings and must meet the following criteria: 1) A recommendation for approval from staff; 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi-judicial in nature, all participants must be sworn in. A. SV-2006-AR-9400 . relating to an after-the-fact Sign Variance for the Swamp Buggy Races/Florida Sports Park. The Sign Variance requested is to allow an existing non- conforming, off-premises directional sign to remain at its existing location nntil the Rattlesnake-Hammock/Collier Boulevard bridge is expanded or an adjacent property owner allows the sign to be moved onto their property. The subject property is located at the southeast corner of Collier Boulevard and Rattlesnake-Hammock Road on property hereinafter described in Collier County, Florida. Pg. 1328 - 1349 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383.