Agenda 12/13/2011 Item #16B2Proposed Agenda Changes
Board of County Commissioners Meeting
December 13, 2011
MOVE ITEM #16132 TO ITEM #13133: RECOMMENDATION TO
APPROVE A RESOLUTION CERTIFYING STATUTORY DEDICATION
AND ACCEPTANCE OF PORTIONS OF SOUTH FIRST STREET
THROUGH SOUTH NINTH STREET, SOUTH SIXTH COURT, BOSTON,
COLORADO, DELAWARE AND WEST EUSTIS AVENUES, ALL LOCATED
IN LMMOKALEE, FLORIDA, AND BEING A PART OF SECTION 4,
TOWNSHIP 47 SOUTH, RANGE 29 EAST, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, BY VIRTUE OF THE COUNTY'S
CONTINUOUS AND UNINTERRUPTED MAINTENANCE OF THE
ROADWAY IN EXCESS OF SEVEN YEARS AND AUTHORIZE THE
FILING OF A RIGHT -OF -WAY MAP BEING MORE SPECIFICALLY
SHOWN IN EXHIBIT "A ". (COMMISSIONER HILLER'S REQUEST)
Continue Item 9 to the January 10. 2012 BCC Meetine: This item continued from the November 8, 2011
BCC Meeting. Recommendation to approve a Resolution acknowledging the Board of County Commissioners
support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more
independent special districts. (Commissioner Henning's request)
Move Item 16A4 to Item 10P: 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 for recording the final plat of Arthrex Commerce Park, approval of the standard form Construction
and Maintenance Agreement and approval of the amount of the performance security. (Commissioner
Hiller's request)
MQve Item 16A16 to Item 100: Recommendation to approve the release of lien in the Code Enforcement
Action entitled Board of County Commissioners vs. Jack and Emma Mae Barrs, Code Enforcement Board Case
No. 2002 -008, relating to property located at 2990 Sunset Boulevard, Collier County, Florida.
(Commissioner Hiller's request)
Move Item 16A19 to Item 10L: 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 for the
Board of County Commissioners (Board) to accept a process to review past Staff Clarifications and Official
Interpretations of the Land Development and Building Codes and to accept specific Staff Clarifications and
Official Interpretations attached to this Executive Summary. (Official Interpretations are quasi- judicial.)
(Commissioner Henning's'request)
Move Item 16AZ1 to Item ION: Recommendation to approve the issuance of building permit prior to the
approval of a Planned Unit Development Rezone and Site Development Plan Amendment, for a twenty five
thousand square -foot classroom and office addition to the existing Community School of Naples, not to
exceed the same existing upper school building height of thirty two feet. (Commissioner Hiller's request)
Move Item 16A24 to Item 10M: Recommendation to direct the County Manager, or his designee, to suspend
the collection of Affordable Housing Contributions, pending the Board's decision on a Land Development
Code (LDC) Amendment to remove Affordable Housing Contribution commitments. (Commissioner Hiller's
request)
Continue Item 16A26 to thp, January 24, 2012 BCC Meeting: Recommendation to approve the third
amendment to the cooperative agreement with the South Florida Water Management District, Agreement
No. C- 11759, regarding operation and maintenance of designated primary watercourses in Collier County,
modifying the agreement terms and extending the term until September 30, 2024. (Staffs request to address
concerns with property owners along affected canals that are subjects of the agreement.)
Delete Item 16C13: Recommendation to approve an Agreement with Adam J. Piskadlo and Barbara K.
Piskadlo for the purchase of property for the relocation of sub - master pumping station 300.06 at a cost not
to exceed $78,000, Project Number 70046. (Staffs request due to reconsideration of sale by property owner)
Continue Indefinitely Item 16D12: Recommendation to approve and authorize the Chairman to sign the
"Certification for Implementation of Regulatory Reform Activities Required byS.H.I.P" and reports for fiscal
years 2006/07,2007/08, and 2008/09 and authorize submission to Florida Housing Finance Corporation to
ensure compliance with program requirements. (Sta))'s request Allow additional time to collaborate with
the Florida Housing Coalition (FHC), the County's SHIP technical advisor, on report contents.)
Move Item 16G2 to Item 13A3: Recommendation to approve and ratify Staffs autliffization unauthorized
approval of Change Order #1 for a time extension to Q. Grady Minor and Associates, PA (Work Order
#4500116917 ) and make a finding of Quantum meruit in order to process invoices for Phase 2 permitting'
work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language revised at
County Attorney's request)
Jove Item 16G3 to Item 13A4: Recommendation to approve and ratify Staffs authoAzation unauthorized
approval of Change Order #2 to Passarella and Associates, Inc. (Work Order #4500116918) for a time
extension and make a finding of quantum meruit in order to process invoices for Phase II environmental
permitting work at the Immokalee Regional Airport. (Commissioner Hiller's request to move item /language
revised at County Attorney's request)
Move Item 17A to Item 8C. to approve a resolution allowing the Collier County Water-
Sewer District to expand the water and wastewater service district boundaries to include portions of the
development known as Hacienda Lakes, and surrounding areas, that are currently outside the existing
boundaries. (Commissioner Hiller's request)
Note:
Items 13.3 and 13A4: Requested to be heard prior to Item 13A1. (Commissioner Hiller's request)
Item 16A6 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. (County Attorney's request)
Time Certain Items:
Item 9M to be heard at 5:00 p.m.
Item 9L to be heard at 5:15 p.m.
Item 10B to be heard at 10:45 a.m.
Item 10H to be heard at 1:00 p.m., followed by Items 10L, 101 and 8A
Item 11A to be heard at 4:30 p.m.
Item 12A to be heard at 4:00 p.m.
12/13/2011 Item 163.2.
n EXECUTIVE S
Recommendation to approve a Resolution certifying the statutory dtion and acceptance of
Portion of South First Street through South Ninth Street, Sou& Sixth Court, Boston, Colndo,
Debn ware and West Eustis Avenues, all located in Immokaloe, 7hwida, also being a part of
Section 4, Township 47 South, Range,29 East, of the Public Records of Collier County, Norida,
by virtue of the County's continuous and unintenvpted maintenaace of the roadway in excess
of seven years and authorize the Ming of a Right -of -Way map being more specifically shown in
Exhibit "A" (FamW Impact: SO-%).
QB3EC,TIVE: To formalize via County resolution the dedication and acceptariee of portions of
South First Street through South Ninth Street, South Sixth Court, Boston, Colorado, Delaware and
West Eustis Avenues, all located in Immokalee, Florida, also being a part of Section 4, Township 47
South, Range 29 East, of the Public Records of Collier County, Florida, pursuant to the provisions of
Section 95.361, Florida Statutes, by virtue of the County's continuous and unirrtenupted maintenance
of the roadway in excess of seven years, and to authorize the certification and filing of the appropriate
map(s) with the Clerk of Courts.
CONSIDERATIONS: Section 95.361, Florida Statutes, provides in part that "In those instances
where a road has been constructed by a non- governmental entity, or where the road was not
constructed by the entity currently maintaining or repairing it, or where it cannot be determined who
n constructed the road, and when such road has been regularly maintained or repaired for the immediate
past seven (7) years by a county, a municipality, or the Department of Transportation, whether jointly
or severally, such road shall be deemed to be dedicated to the public to the extent of the width that
actually has been maintained or repaired for the prescribed period, whether or not the road has been
formally established as_a public highway." This Section further states that the dedication shall vest all
right and title to the road in the County (in this instance), and that the filing of a map in the office of
the Clerk of the Circuit Court shall be evidence of the (County's) ownership of the road.
The County's Road Maintenance Department has confirmed that it has continuously maintained the
subject areas depicted as `privately owned" on Exhibit A for more than seven (7) years without
interruption.
A Resolution of the Board of County Commissioners of Collier County, Florida, has been prepared
for recording with the Clerk of Court pursuant to the provisions of Section 95.361, F.S., and a Right-
of-Way Map (also for recording with the Clerk of Court) is attached thereto as Exhibit "A."
GROWTiM MANAGEMENT : There is no Growth Management impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: Section 95361, Florida Statutes, provides a method whereby the
filing of a map with the Clerk of Courts vests ownership in a roadway in the county where such
roadway has been regularly maintained and repaired for the immediate past seven years to the extent
of the width tiut has actually been maintained or repaired. The attached Right -of -Way Map vests a
Packet Page -1854-
12/13/2011 Item 16.13.2.
�-. road right -of - -way easement in the County. This item is ready for Board consideration and approval.
A majority vote is necessary for Board action. -- HFAC
FISCAL UAPACT: Funds for the recording fees in the amount of $53.50 will come from
Immokalee CRA Trust Fund 186. Source of funds are Tax Increment Revenues.
RECOAU4ENDATION: That the Board of County Commissioners of Collier County, Florida:
I. Approve and authorize its Chairman to execute the attached Resolution; and
2. Authorize the certification and filing of the Right -of -Way Map with the Clerk of the Circuit
Court.
Prepared By:
Bradley Muckel, Project Manager
Collier County Community Redevelopment Agency (CRA) - Immokalee
Attachment:
Resolution with Right -of -Way Map attached as Exhibit "A"
Packet Page -1855-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.13.2.
12/13/2011 Item 16.13.2.
Item Summary: Recommendation to approve a Resolution certifying the statutory
dedication and acceptance of portions of South First Street through South Ninth Street, South
Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all located in Immokalee,
Florida, also being a part of Section 4, Township 47 South, Range 29 East, of the Public Records
of Collier County, Florida, by virtue of the County's continuous and uninterrupted maintenance
of the roadway in excess of seven years and authorize the filing of a Right -of -Way map being
more specifically shown in Exhibit "A" (Fiscal Impact: $53.50).
Meeting Date: 12/13/2011
Prepared By
Name: MuckelBradley
Title: Project Manager,
11/9/2011 9:29:05 AM
Submitted by
Title: Project Manager,
Name: MuckelBradley
11/9/20119:29:06 AM
Approved By
Name: PhillippiPenny
Title: Executive Director, Immokalee CRA,
Date: 12/5/20118:41:16 AM
Name: AshtonHeidi
Title: Section Chief/Land Use- Transportation,County Attor
Date: 12/6/2011 1:51:43 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/6/2011 2:43:14 PM
Packet Page -1856-
Name: IsacksonMark
Title: Director -Corp Financial and Mgmt Svs,CMO
Date: 12/6/20114:59:09 PM
Name: OchsLeo
Title: County Manager
Date: 12/6/2011 5:06:43 PM
Packet Page -1857-
12/13/2011 Item 16.13.2.
12/13/2011 Item 16.13.2.
RESOLUTION NO. 2011-
10-�,
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
CERTIFYING THE DEDICATION AND ACCEPTANCE OF
PORTIONS OF SOUTH FIRST STREET THROUGH
SOUTH NINTH STREET, SOUTH SIXTH COURT,
BOSTON, COLORADO, DELAWARE AND WEST EUSTIS
AVENUES, ALL LOCATED IN IMMOKALEE, FLORIDA,
ALSO BEING A PART OF SECTION 4, TOWNSHIP 47
SOUTH, RANGE 29 EAST, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA, PURSUANT TO
SECTION 95.361, FLORIDA STATUTES, BY VIRTUE OF
COUNTY'S CONTINUOUS AND UNINTERRUPTED
MAINTENANCE OF THE RIGHT OF WAYS, AND
AUTHORIZING OF THE FILING OF A RIGHT -OF -WAY
MAP BEING MORE SPECIFICALLY SHOWN IN EXHIBIT
"A" WITH THE CLERK OF THE CIRCUIT COURT.
WHEREAS, Section 95.361, Florida Statutes, provides a mechanism by which a road
shall be deemed dedicated to the public if it is continuously maintained and repaired by a
county, a municipality, or the Department of Transportation to the extent of the width that
actually has been maintained or repaired for the prescribed period, whether or not the road
has been formally established as a public highway; and
WHEREAS, in the event the original builder of a road cannot be determined, Section
95.361, Florida Statutes requires the continuous and uninterrupted maintenance by a county,
a municipality, or the Department of Transportation for the immediate past seven (7) years
before such road shall be deemed to be dedicated to the public; and
WHEREAS, Collier County has continuously and uninterruptedly maintained the
right -of -ways along all areas depicted in Exhibit "A" along South First Street through South
Ninth Street, South Sixth Court, Boston, Colorado, Delaware and West Eustis Avenues, all
located in Immokalee, Florida, also being a part of Section 4, Township 47 South, Range 29
East, of the Public Records of Collier County, Florida, for more than 7 years, and as such;
said right -of -way has been statutorily dedicated to Collier County; and
WHEREAS, the Board of County Commissioners desires to accept and certify the
statutory dedication of these sections of roadways, more particularly described in the Right-
of-Way Map attached hereto as Exhibit "A ", and authorize the filing of said Right -of -Way
Map with the Clerk of the Circuit Court pursuant to Section 95.361, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the statutory dedication of
D- 1 --r')
Packet Page -1858-
12/13/2011 Item 16.6.2.
the 60 -foot wide right -of -ways in the areas identified as privately owned in Exhibit "A" is
hereby certified and accepted, and the County Manager, or his designee, is hereby directed to
file the Right -of -Way Map attached hereto as Exhibit "A" with the Clerk of the Circuit Court
pursuant to Section 95.361, Florida Statutes.
BE IT FURTHER RESOLVED that this Resolution be recorded in the Public
Records of Collier County, Florida.
This Resolution adopted after motion, second and majority vote this day of
12011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
Approved for legal form and sufficiency.
Heidi Ashton, Assistant County Attorney
By:
FRED COYLE, Chairman
I)- I -r,)
Packet Page -1859-
m
2 0�
s
i
Q¢p i.
g $+4y
Hgil
a
H
S
y4p�
7m
12/13/2011 Item 16.B.2.
D
r
r
0�
n=
Cno
moo
04--M
— ;U -v
5-10
zcn�
�Oz
C--0
0 = -.
D
zz�
Cn o cn
= O
C "vD-n
C ~Ccn� D
'U
000
- iDo;uo
0 �OMO
cn cn Z
p mn=�
CC.0 --
c>n�0D
c
cn 00=
r-r-�
F9>=
F=mm
m
q=---1
`<p0
�r-c
X
2
N
-i
n
0
� 0
p r
r
O rn
X
t7
O 0
(--o
Z C
� z
C'1 <
0 0
O
�m
U�
�Om
Zz
m�
racKet Page -RSbU-