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Agenda 01/26/2010 Agenda IndexCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA January 26, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice- Chairman Commissioner, District 2 Jim Colette, BCC Commissioner, District 5; CRAB Chairman Donna Fiala, BCC Commissioner, District 1; CRAB Vice - Chairman Tom Henning, BCC Chairman Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE 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 OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS 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, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (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 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parts Disclosure provided by Commission members for consent and summary agenda.) 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Karen Kocses, Library 2. Margaret Wright, Building Review & Permitting B. 25 Year Attendees 1. Jean Jourdan, Bayshore Gateway CRA 2. Jeanine McPherson, Parks and Recreation 3. Carol Travis, Library 4. Richard Winans, Road Maintenance 4. PROCLAMATIONS 5. PRESENTATIONS A. This item continued from the November 10, 2009 BCC meeting. Presentation on the Youth Resource Center by Sheriff Kevin Rambosk. B. Presentation of the PHOENIX AWARD to recognize those EMS Paramedics, EMTs, Firefighters and Sheriffs Deputies, who through their skills and knowledge, have successfully brought back to life individuals who had died. C. Recommendation to recognize Denise McMahon, Senior Library Supervisor, as the Supervisor of the Year for 2009. D. Presentation of Collier County "Business of the Month" award to INgage Networks for January 2010. E. Recommendation to recognize staff of Housing and Human Services and the staff and Board of Directors of Immokalee Housing and Family Services for being selected as a winner of the 2010 Audrey Nelson Community Development Achievement Award for Its Carl J. Kushner Community Center Project. This award represents the culmination of a national competition to identify and recognize exemplary uses of Community Development Block Grant (CDBG) funds which best address the needs of low- income families and neighborhoods. To be accepted by Marcy Krumbine, Housing and Human Services Director and Sheryl Soukup, Executive Director of Immokalee Housing. 6. PUBLIC PETITIONS A. Public petition request by Lois Bolin to discuss endorsement of the Collier County Heritage Trail. B. Public petition request on behalf of Christian Kitchen Outreach, Inc., to discuss sign variance. hem 7 and 8 to be heard no sooner than 1:00 a.m., unless otherwise noted 7. BOARD OF ZONING APPEALS A. This Rem to be heard at 1:00 p.m. This Item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. VA- PL2009.1460 Michel Saadeh of the Vineyards Development Corporation is requesting a Variance of 34.6 feet from the minimum 50- foot setback requirement from abutting residential districts of Ordinance No. 91 -75 (the Vineyards PUD) to allow a 15.4 -foot setback for a maintenance building from an abutting residential district; and a Variance from the 10 -foot wide buffer width requirement of Land Development Code (LDC) Subsection 4.06.02 C.I. to allow all of the required plant material to be located In separate 10 -foot wide buffer areas adjacent to the aforementioned abutting residential district. The 1.21 -acre subject property is located at 400 Vineyards Boulevard, In Section 8, Township 49 South, Range 26 East, Collier County, Florida. CTS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 2:00 p.m. This Item has been continued from the January 12, 2010 BCC meeting. This item requires that all participants be sworn in and ex parts disclosure be provided by Commission members: PUDA- PL2009 -781: Craig T. Bouchard of Tennis Realty, LLC represented by Michael R. Fernandez, AICP of Planning Development Inc., is requesting an amendment to the Naples Bath and Tennis Club Planned Unit Development (PUD) (Ord. No. 81- 61) to revise the site development plan approval process for the transient lodging facilities accessory use and adding development standards for transient lodging facilities, by amending the development plan cover page; by amending Section II, Project Development, Subsection 2.3.B.; by amending Section IV, Tract B: Recreational Club Development, Subsection 4.3.B.3); by amending Section IX. Development Standards, adding Section 9.12, Transportation Improvements and any other stipulations or regulations that may result from the amendment process pertaining to transient lodging facility units within the 20 acre Tract B of the 153.7 acre project. The subject property is located on the west side of Airport- Pulling Road, between Pine Ridge Road and Golden Gate Parkway in Section 14, Township 49S, Range 25E, Collier County, Florida. (CTS) B. This Item requires that all participants be sworn in and ex parts disclosure be provided by Commission members: RZ- 2008 -AR- 13951: Olds Florida Golf Club, Inc., represented by John Passidomo of Chaffy Passidomo, and Margaret C. Perry, AICP, of WllsonMiller Inc., is requesting a standard rezone from the Golf Course (GC) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District to the Agriculture (A) zoning district and the Rural Fringe Mixed Use District - Neutral Lands Zoning Overlay District. The subject property, consisting of 553.67 acres, is located on the Vanderbilt Beach Road Extension, approximately 2 miles east of the Vanderbilt Beach Road (CR 862) and Collier Boulevard (CR 951) intersection, in Section 31, Township 48 South, Range 27 East, Collier County, Florida. (CTS) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. B. Appointment of members to the Bayshore Beautification MSTU Advisory Committee. C. Appointment of members to the Land Acquisition Advisory Committee. D. Appointment of members to the Ochopee Fire Control District Advisory Committee. E. Request Board to set the balloting date for the recommendation of members to the Pelican Bay Services Division Board by record title owners of property within Pelican Bay. 10. COUNTY MANAGER'S REPORT A. Recommendation to consider cost estimates for constructing permanent historical exhibits and displays for the Marco Island Historical Museum. (Ron Jamro, Museum Director) B. Recommendation to approve the award of RFP #09 -5278 and authorize the Chairman to execute an agreement with Stanley Consultants, Inc., for Design & Related Services for the Intersection Capacity Improvements to the US 41 and CR 951 Intersection and Resurfacing, Restoration and Rehabilitation (3R) roadway Improvements to CR 951 In the amount of $1,700,000.00 for project # 60116. (Norman Feder, Transportation Services Administrator) C. Recommendation to approve the purchase of 1.476 acres of commercially zoned property needed for the construction of a stormwater detention and treatment pond required In connection with the Collier Boulevard /US -41 Overpass Project No. 60116. (Fiscal Impact: $2,160,442.50). (Norman Feder, Transportation Services Administrator) D. Recommendation to consider available options and direct the County Manager on how to proceed with the Clam Bay navigational markers. (Gary McAlpin, Director, Coastal Zone Management) E. Recommendation to award Bid No. 10 -5396, for the interior build -out of the former Elks Lodge (Plan B) for the relocation of the Collier County Property Appraiser, Capital Project 52013, to Boren Craig Barber Engle Construction Co., in the amount of $1,407,055; and to approve the necessary Budget Amendments. (Skip Camp, Director, Facilities Management) F. Recommendation to approve FY2010 budgeted Commercial Paper Loan prepayments in the amount of $6,154,000. (Mark Isackson, Corporate Financial Planning and Management Services, County Manager's Office) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. Community Redevelopment Agency FY2009 annual performance appraisal review for the Bayshore Gateway Triangle CRA Executive Director. B. Recommendation to the Community Redevelopment Agency (CRA) to complete the 2009 annual performance evaluation for the Immokales CRA Executive Director. 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Casa Del Lago - Champion Drive Ext. 2. Recommendation to approve final acceptance of the water utility facility for Germain BMW Dealership 3. Recommendation to approve final acceptance of the water and sewer utility facilities for Forest Park, Phase 3. 4. Recommendation to approve final acceptance of the water and sewer utility facilities for Copper Cove Preserve 5. Recommendation to approve final acceptance of the water utility facility for DI Napoli 6. This Item requires that ex parts disclosure be provided by Commission 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 Cordoba at Lely Resort, Lots 6 - 9, Lots 3150 Rapist. 7. Recommendation to release a code enforcement lien, and waive related fines, in the Code Enforcement Action entitled Collier County v. Thomas and Marian Baker, Code Enforcement Board Case No. 2003 -26. 8. Recommendation to adopt a Resolution amending the Collier County Administrative Code Fee Schedule by adding a fee for property inspections and removing rental inspection and Post - 2009 rental registration fees. B. TRANSPORTATION SERVICES 1. Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way, Drainage and Utility Easement which Is required for the construction of the Vanderbilt Beach Road Extension Project, Project No. 60168, Phase I (Fiscal Impact: $9,917.00). 2. Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way, Drainage and Utility Easement and accept the donation of a Temporary Driveway Restoration Easement which are required for the construction of the proposed four - laning Improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,785.00). 3. Recommendation to approve the purchase of a Perpetual, Non - exclusive Road Right -of -Way, Drainage and Utility Easement which is required for the construction of the proposed four - laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $4,120.00). 4. Recommendation to approve a Resolution and authorize the Chairman to execute an amendment to the Local Agency Program Agreement with the Florida Department of Transportation (FDOT) whereby the County would be reimbursed up to $240,826 for street lighting installation in Everglades City along CR29 (Collier Ave) and along Broadway from the Town Center east to CR29 (FDOT Project #420885 - 1.58 -01) and to award Bid #10 -5376 - Everglades City Lighting Collier Avenue (Copeland Ave to Riverview Road) to Itran Partners, Inc. in the amount of $240,825.80. 5. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $22,839.00 and to recognize carry forward In the amount of $10,976.00. 6. Approve a Hazard Mitigation Grant Program (HMGP) agreement in the amount of $110,277 between the State of Florida Division of Emergency Management and the County for a Wind Protection project to Install storm shutters on buildings located at the Collier Area Transit Facility and approve the associated budget amendment. 7. Recommendation to approve Change Order No. 2 in the amount of $25,000.00 to Contract No.06- 3969 with TBE Group, Inc. d /b /a CARDNOTBE, for the Emergency Bridge Management Program (Project No. 66066). C. PUBLIC UTILITIES 1. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $88.50 to record the Satisfactions of Lien. 2. Recommendation to approve amendments to the existing contracts with Carollo Engineers, P.C., and Malcolm Pirnie, Inc., and MWH Constructors, Inc., for services during program hibernation and reactivation of the Northeast Facilities Program Projects 70899,73156,70902,75012. D. PUBLIC SERVICES 1. Recommendation to approve and authorize the Chairman to sign four (4) lien agreements for deferral of 100% of Collier County Impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this Item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal Impact of $82,210.30. 2. To approve final submission of the Disaster Recovery Initiative 2008 application to the Florida Department of Community Affairs for funding in the amount of $9,963,208 to make repairs and mitigation related improvements to housing and public facilities In areas impacted by federally declared natural disasters in 2008. 3. Recommendation to approve and authorize the Chairman to sign the release of six (6) liens with a developer for deferral of 100 percent of Collier County Impact fees for owner occupied affordable housing dwelling units. 4. Recommendation to approve a Memorandum of Understanding with the Collier Community Cat Coalition to coordinate a community-based Trap - Neuter- Return Program for feral cats 5. Recommendation to approve and authorize the Chairman to sign an impact fee deferral modification agreement to correct the amount of regional parks impact fees deferred and to provide consistency with the actual fees reflected on the permit payment slip. E. ADMINISTRATIVE SERVICES 1. Recommendation to award Invitation to Bid (ITS) #09 -5203 for Pest Control Services to TH. County Pest Control South Inc., for an estimated amount of $60,000 annually. 2. Recommendation to approve an Agreement for Sale and Purchase with John G. Stark for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $14,575. 3. Recommendation to award RFQ No. 09 -5350 for Temporary Clerical Services to Kelly Services in an amount that may exceed $50,000 and terminate Mancan, Inc. from RFQ No. 09.5350 Temporary Clerical Services F. COUNTY MANAGER 1. Recommendation to approve the annual renewal of a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. 2. Recommendation to adopt and approve an Identity Theft Prevention and Mitigation Program for Collier EMS /Fire consistent with the Federal Trade Commissions policy requiring providers to have a written plan In place by June 10, 2010. 3. Recommendation to endorse and confirm the appointment of Nick Casalangulda to the position of Interim Administrator, Community Development and Environmental Services Division. 4. Recommendation to approve the award of RFP #09 -5318 and agreement between Collier County Bureau of Emergency Services and Calvin, Giordano & Associates Inc. to develop a temporary housing plan for disaster events, using grant funds in the amount of $53,618. 5. Recommendation to approve budget amendments. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency Board to recognize and correct an administrative error by revoking an incorrect CRA Grant Agreement form and replacing it with a corrected CRA Grant Agreement. (2445 A -B Thomasson Drive) 2. Recommendation to approve and execute Commercial Building Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Area Community Redevelopment Area (2231 Linwood Avenue. $60,000.) H. BOARD OF COUNTY COMMISSIONERS I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to obtain Board approval for disbursements for the period of January 2, 2010 through January 8, 2010 and for submission into the official records of the board. 2. Recommendation to obtain Board approval for disbursements for the period of January 9, 2010 through January 15, 2010 and for submission into the offcial records of the board. 3. Recommendation to accept and approve capital asset disposition records for time period October 1, 2009 through December 31, 2009. 4. Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(1) with the Board of County Commissioners. K. COUNTY ATTORNEY 1. Recommendation to authorize a Stipulated Final Judgment in the amount of $185,000 for Parcels 117, 118A and 130 In the lawsuit styled Collier County, Florida v. Diane P. Haaga, at al., Case No. 03- 0518 -CA (Immokalee Road Project 60018). (Fiscal Impact $95,900) 2. Recommendation to authorize an Offer of Judgment to Respondent, City Gate Commerce Park Master Property Owners Association, for Parcel No. 115DE in the amount of $9,600 In the lawsuit styled Collier County v. A L Subs, Inc., at al., Case No. 09 -3691 (Collier Boulevard Project No. 60001) (Fiscal Impact $1,600). 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 QUASWUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This Item was originally scheduled and advertised for the January 26, 2010 BCC Hearing and is further continued to the February 9, 2010 BCC Hearing. This Item requires that all participants be sworn in and ex parts disclosure be provided by Commission members. A Resolution of the Collier County Board of County Commissioners designating 4,793.5 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as Sunniland Family SSA 12 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12, and Stewardship Easement Agreement for Sunniland Family SSA 12; approving a Stewardship Sending Area Credit Agreement for Sunniland Family SSA 12; approving a Stewardship Easement Agreement for Sunniland Family SSA 12; approving an Escrow Agreement for Sunniland Family SSA 12; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. B. This item requires that all participants be sworn In and ex parts disclosure be provided by Commission members. SV- PL2009 -1165 Benderson Properties, Inc., represented by Bruce Anderson, Esquire of Roetzel & Andress, LPA, is requesting a variance from Subsection 5.06.04.F.4. of the LDC which allows one wall, mansard, canopy or awning sign for each unit In a multi- occupancy parcel to allow two (2) wall, mansard, canopy or awning signs per unit in a multi- occupancy parcel with one sign facing the abutting road and one sign facing the internal parking area. The subject property is located at 13555 Tamiami Trail North and 895 Wiggins Pass Road at the northwest corner of Tamiami Trail North (US 41 North) and Wiggins Pass Road, in Section 16, Township 48 South, Range 25 East, Collier County, Florida. (CTS) C. Recommendation to approve an amendment to Ordinance No. 2004 -58, as amended, known as the Property Maintenance Ordinance, to eliminate the rental registration program and clarify verbiage relating to inspections of structures pursuant to the Boards December 15, 2009 direction. D. Recommendation to amend the Animal Control Ordinance in order to revise the dangerous dog declaration appeals processes, establish regulations relating to feral cats, and add provisions regarding the confinement of dogs. E. This item continued from the January 12, 2009 BCC meeting. Recommendation to Approve an Amendment to Ordinance No. 2007 -44, As Amended, Known as the Consolidated Code Enforcement Ordinance 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383.