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Agenda 02/09/2010 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-O'-~\ I'; /- r ....--.'j I . ' ~ r l{ ,,\ AGENDA February 9, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Donna Fiala, BCC Commissioner, District 1; CRAB Vice-Chairman 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 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 A. Dr. William Lone, Methodist Fellowship 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. January 12, 2010 - BCCIRegular Meeting C. January 13, 2010 - BCCIEDC Workshop D. January 19, 2010 - BCCIGMP Special Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS A. Proclamation designating the year 2010 as the 100th Year of Scouting in America and February 2010 as Scouting's Anniversary Month. To be accepted by Paul Pentllla Director of Field Services SW Florida Council; Mike Lyster Immediate Past President SW Florida Council; Cindy Lyster Alligator District Committee Member; Barbara Coen Alligator District Committee Member; Bill Poteet Member of SW Florida Council Executive Committee; Chris Poteet Star Scout Troop 2; and Jon Poteet Webelos II Pack 21 B. Proclamation designating February 11, 2010 as The First Tee of NapleslCollier Day. To be accepted by Jennifer Varoski, Public Relations Manager, Collier Enterprises and Cindy Darland, Executive Director, The First Tee of Naples/Coliler. C. Proclamation designating March 23, 2010 as Myra Janco Daniels Day. To be accepted by Dr. Jeffrey Allbritten. D. Proclamation congratulating Bethel AME Church for their 50th anniversary. To be accepted by Dr. Wright, Reverend Stewart and LaVerne Franklin. E. Proclamation designating February 14 through February 20, 2010 as Engineers Week in Collier County. To be accepted by Marlene Messam, Alison Bradford and Ralph Verrastro. 5. PRESENTATIONS A. Recommendation to recognize Linda Albertine, Fiscal Technician, Utilities Finance Operations Department as the Employee of the Month for January 2010. 6. PUBLIC PETITIONS A. Public petition request by Reverend Heidi M. Peck regarding non-profit hourly rental rates. B. Public petition request by Mr. Sam J. Saad, Jr. regarding golf cart and motorized wheelchair crossing. 'tern 7 and 8 to be heard no sooner than 1 :00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. B. Appointment of members to the County Government Productivity Committee. C. Appointment of member to the Library Advisory Board. D. Appointment of member to the Collier County Code Enforcement Board. E. Appointment of member to the Black Affairs Advisory Board. F. Appointment of member to the Health Facilities Authority. G. Request Board to set the place and time for the Clerk, with the assistance of the County Attorney's Office, to open and count the mail ballots of the nominees to fill the vacancies on the Pelican Bay Services Division Board. H. Recommendation to appoint County Commissioner(s) to serve on Canvassing Board for the 2010 Election. I. Board consideration of adding the Marco Island Airport Taxiway Project to the 2011 Federal Legislative Agenda. (Commissioner Fiala's request) 10. COUNTY MANAGER'S REPORT A. Recommendation to Award Contract No. 10-5198 Lely Area Stormwater Improvement Project (LASIP) Lely Main Canal to Haskins, Inc. in the amount of $814,184 plus a ten (10) percent contingency of $81,418 totaling $895,602 and award contract 10-5198 - Lely Manor Canal West Outfall (North & South Sections) in the amount of $1,915,829 plus a ten (10) percent contingency of $191,582 totaling $2,107,411 to Guymann Construction Company, Inc., Project Number 51101. (Norman Feder, Administrator, Transportation Services) B. Recommendation to accept a report identifying the changes required to the Airport Authority Ordinance and/or Administrative Code to restructure the Airport Authority to operate similar to the operation of the Community Redevelopment Agency Boards' Advisory Committees. (Winona Stone, Assistant to the County Manager) C. Recommendation to authorize the Department of Housing and Human Services to work with the County Attorney to take all efforts to recapture U.S. Housing and Urban Development (HUD) grant funding provided to the Collier County Housing Development Corporation(CCHDC) now known as the Housing Development Corporation of Southwest Florida (HDCSWFL) including filing a lawsuit in the 20th Judicial Circuit if necessary for failure to comply with the Grant Agreement to develop Cirrus Pointe and to seek direction on whether to fund HDCSWFL for future grant awards. (Frank Ramsey, Manager, Housing and Human Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 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. 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. This is a recommendation to approve for recording the final plat of Heritage Bay Unit Three, Escambia Bay Court Replat. 2. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Montreux at Fiddlers Creek with the roadway and drainage improvements being privately maintained. 3. Recommendation to approve an impact fee reimbursement requested by Roetzel & Andress, LPA, on behalf of Pipers Crossing, LLC, totaling $182,151.43, due to the cancellation of a building permit. 4. Recommendation to accept a proposed settlement providing for Partial Release in the Code Enforcement Actions entitled Collier County v. Michael Wade, Gregory Ott and Joseph J. Schwartz, Code Enforcement Special magistrate Case Nos. 2007060788, CENA20080000197, CENA20080006881 and CENA20090013637, for payment of $1,000 to release property known as 167 Collier Blvd North (parcellD 22320280009), located within Collier County, Florida. 5. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Ave Maria Phase Two with the roadway and drainage improvements being privately maintained. 6. Recommendation to approve an impact fee reimbursement requested by Yas-Ari, LLC, totaling $93,244.45, due to the cancellation of a building permit. B. TRANSPORTATION SERVICES 1. Recommendation to approve a change order to a work order in the amount of $55,260.00 to Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for contract #06-3969 Fixed Term Professional Engineering Services for the Lely Area Stormwater Improvement Project (LASIP), Whitaker Road Improvements (Project No. 51101) to include design and permit modifications to reduce the construction cost of the project by more than $600,000. 2. Recommendation to award Bid #09-5264, Immokalee Road MSTU/MSTD Landscape Maintenance to Florida Land Maintenance, Inc. dlbla Commercial Land Maintenance, Inc. in the estimated annual amount of $117 ,001.58. 3. Recommendation to reject Bid #10-5403, Forest Lakes MSTU Project F-63 Barrier Wall. 4. Recommendation to award Bid #10-5415, Radio Road MSTU Phase III (Livingston Rd. to Airport Pulilng) Part A: Curbing to Bonness Incc in the amount of $333,753.68 & Part B: Landscape & Irrigation Installation to Hannula Landscape & Irrigation inc. in the amount of $203,062.02, and to approve the necessary budget amendment. 5. 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: $10,300.00). 6. Recommendation to approve a Resolution to declare a public purpose for the distribution of bus passes and other promotional transit items by Collier Area Transit (CAT) for the purpose of promoting transit. 7. Recommendation to award contracts for RFP 09-5219, Annual Contract for Bridge Repairs and Maintenance to Quality Enterprises, Walker Contracting Group, and Design-Build Engineers and Contractors at an estimated annual amount of $250,000.00. 8. Recommendation to approve the purchase of a Perpetual, Non....xclusive 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: $5,685.00). C. PUBLIC UTILITIES 1. Recommendation to award Bid 09-5300 to Dixie Drainfield, Southern Sanitation, and Crews Environmental. Estimated Annual Expenses $250,000. D. PUBLIC SERVICES 1. Recommendation to approve and authorize the Chairman to sign the release offour (4) liens with a developer for deferral of 100 percent of Collier County impact fees for owner occupied affordable housing dwelilng units. 2. Recommendation to approve the Homelessness Prevention and Rapid Re-Housing Program (HPRP) Administrative Plan which provides guidance on the programmatic design, eligibility guidelines and assistance limitations for agencies participating in the HPRP program. HPRP is a Department of Housing and Urban Development (HUD) program designed to provide financial assistance and services to individuals and families who are homeless or at risk of becoming homeless. Collier County has received $888,850 in federal funding to support the HPRP program. 3. Recommendation to approve a grant application for the FY 2010 Adult Drug Court Discretionary Grant Program in the amount of (approximately) $200,000 over two years from the United States Department of Justice, Bureau of Justice Assistance. If awarded, request authorization to serve as the Fiscal Agent and to authorize staff to negotiate a contract with the Drug Court treatment provider, David Lawrence Center, as a sub-recipient of the award. No general fund dollars will be used for this grant initiative. 4. Authorize the Chairman to sign a Hazard Mitigation Grant Program (HMGP) agreement between the State of Florida Division of Emergency Management and the Board of County Commissioners for a Wind Retrofit project to install storm shutters at the Golden Gate Community Park and the Immokalee Sports Complex In the amount of $124,909 and authorize budget amendments. 5. Recommendation to approve a Resolution amending the Collier County Parks and Recreation Fee Policy and superceding Resolution No. 08-283 and all other Resolutions establishing License and Fee Policies and includes a beach parking fee of $8.00 at Conner Park. 6. Recommendation to recognize grant from the 4-H Foundation Clubs, Inc. in the estimated amount of $25,080 for the 4-H Outreach Program managed by the Collier County University of FloridallFAS Extension Department and approve the necessary budget amendments. 7. Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency to approve the expansion of Airport Park in Immokalee in collaboration between the Immokalee CRA and the Collier Parks and Recreation Department and authorize the expenditure of $90,585 from Fund 306 to pay 50% of the total cost of the project. (Companion to Item 16Gl) E. ADMINISTRATIVE SERVICES 1. Recommendation to approve a Resolution authorizing the Commission Chairman to execute Deed Certificates for the sale of burial plots at Lake Trafford Memorial Gardens Cemetery during the 2010 calendar year. 2. Recommendation to ratify Property, Casualty, Workers Compensation and Subrogation Claims settled andlor closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 10. 3. Recommendation to award Countywide Bid #09-5289 for the Purchase & Delivery of Inorganic'Organic Mulch to Forestry Resources, Hazeltine Nurseries, A+M Golf Services and Play It Safe Enterprises for an estimated annual expenditure of $100,000. 4. Recommendation to ratify staff-approved Change Orders and Changes to Work Orders to Board- Approved Contracts. F. COUNTY MANAGER 1. Recommendation to approve the submittal and authorize the chairman to sign a Volunteer Fire Assistance grant application in the amount of $9,410 for the purpose of purchasing eight VHF Mobile Radios, five pagers, twenty Chest Harnesses, and Foam for the Ochopee Fire Control District. 2. Recommendation to approve budget amendments. 3. Recommendation to approve Department of Homeland Security Grant Agreement 10-DS-39-09- 21-01-39 between Coliler County and the Florida Division of Emergency Management accepting $25,500.00 for Emergency Management Program Enhancement and authorize the necessary budget amendment. 4. Recommendation to approve and authorize the Chairman to sign Amendment #1 to the Naples Museum of Art, Inc. FY 10 TDC Grant Agreement to change the effective dates to September 1, 2009 through September 30, 2010. 5. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. 6. Recommendation to authorize the necessary budget amendment from the Ochopee Fire Control District impact fee reserves in the amount of $2,500.00 for the purpose of purchasing personal protective gear for a new position. 7. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign Change Order #3 for Miles Media Group Contract 06-4037 in the amount of $23,874 for the 2010 Visitor Guide. 8. Recommendation to approve a modification to the FY10 Emergency Preparedness and Assistance Grant (EMPA) Base Grant Agreement, additional grant revenue received of $35,201.81. G. AIRPORT AUTHORITY AND'OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency to approve the expansion of Airport Park In Immokalee in collaboration between the Immokalee CRA and the Collier Parks and Recreation Department and authorize the expenditure of $90,585 from Fund 186 to pay 50% of the total cost of the project. (Companion to Item 16D7) 2. Recommendation to approve and authorize the Airport Authority to loan $50,000 from the Immokalee Infrastructure Fund 497 to complete the reconstruction ofthe T-hangar building at the Everglades Airpark damaged by Hurricane Wilma, and associated budget amendments. Change Order #4 to Coral Sands Contract #09-5209 (Resolution 10-23) was discussed at the January 11, 2010 meeting of the Airport Authority, but was not yet prepared for approval. At the January 11 meeting the Authority indicated that Change Order #4 (Resolution 10-23) would be approved at its February 8, 2010 meeting. 3. Recommendation to approve award of Bid No. 10-5387 for Bayshore Beautification MSTU Roadway Grounds Maintenance (Fiscal Impact: $56,880). 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 approve unrestricting $23,907 of funds previously appropriated to the National Center for Missing and Exploited Children. 2. To obtain board approval for disbursements for the period of January 16, 2010 through January 22, 2010 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of January 23, 2010 through January 29, 2010 and for submittal into the official records of the board. K. COUNTY ATTORNEY 1. Recommendation to authorize a Stipulated Final Judgment awarding business damages in the amount of $40,000 for Parcels 109FEE and 109TCE in the lawsuit styled Collier County v. A L Subs, Inc., et al., Case No. 09-3691-CA (Collier Boulevard Project 60092) (Fiscal Impact $40,000). 2. Recommendation to ratify a purchase order exceeding $50,000 for continued expert litigation support services for right-way-acqulsltlon along Santa Barbara Boulevard Project #62081. 3. Recommendation to authorize a Stipulated Final Judgment in the amount of $39,500 for Parcels 148 and 948 in the lawsuit styled Coliler County v. Elizabeth D. Bloch, et aI., Case No. 03-2403- CA (Golden Gate Parkway Project #60027), and to authorize a budget amendment (Fiscal Impact $33,684). 4. Recommendation that the Board approve and authorize the Chairman to sign a Youth Hunt Agreement In order to allow Florida Fish and Wildlife Conservation Commission (FWC) to conduct Youth Hunts for full-time and part-time Collier County residents at Pepper Ranch Preserve. 5. Recommend acceptance of the Medical Directors waiver of a 5% annual Increase In salary during Fiscal Year 2010 that is provided for in Dr. Tober's contract for a fiscal impact of $5,275. 6. Approval of agreement between Collier County and Physician Led Area Network (PLAN) for the County Attorneys Office to provide defense for PLAN In the lawsuit styled Deborah Dahlmanns V. Plan and Marcy Krumbine, Case No. 09.7915-CA. 7. Recommendation to approve a Resolution directing the Supervisor of Elections to place on the November 2, 2010 general election ballot for Precincts 551, 552, 554, 555, 590 and 591 the question of whether the Golden Gate Area Master Plan should be amended to allow for up to a 190,000 square foot commercial development, as requested by comprehensive Plan Amendment 08-01. 8. Recommendation to approve a Retention Agreement for legal services on an as needed basis with the law firm of Hahn Loeser & Parks, LLP., to meet County Purchasing Policy contract update requirements. 9. Request to review a proposed amendment to the Collier County Noise Control Ordinance, which would speCifically exempt noise resulting from permitted motor racing events at the Swamp Buggy Recreation and Sports Park, and If acceptable, direct the County Attorney to prepare and advertise an amending ordinance. 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 QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item continued from the January 26, 2010 acc Hearing. This item requires that all participants be sworn in and ex parte 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 Overiay 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. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252.8383.