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Agenda 02/23/2010 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) '-0' ,\ ~..~l -;~ . , , ()I '...... \- AGENDA February 23, 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; ASSISTEO 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. Reverend Sammy Mosquera. United Pentecostal 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 20, 2010 - BCC/CRA Workshop C. January 26, 2010 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Zebedee Harris, Parks and Recreation 2. Lisa Taylor, Transportation B. 30 Year Attendees 1. Mary Jo Thurston, Solid Waste C. 35 Year Attendees 1. Henry Bickford, Road Maintenance 4. PROCLAMATIONS A. Proclamation recommending Implementation of the South Florida Intermodal Logistics Center (SFILC). To be accepted by Tammie Nemecek. Sponsored by Commissioner Coyle. B. Proclamation thanking and congratulating Dr. Joan M. Colfer, Director, Collier County Health Department and the Health Department Staff for their outstanding and dedicated service in promoting and protecting good health for all In Collier County. To be accepted by Dr. Joan M. Colfer. Sponsored by Commissioner Coyle. 5. PRESENTATIONS A. Presentation of Collier County "Business of the Month" award to Thomas Riley Artisans' Guild for February 2010. B. Presentation by Mark Elsner, Water Supply Development Division Director, South Florida Water Management District, regarding the Lower West Coast Water Supply Plan. C. This item to be heard at 9:30 a.m. Presentation by the Blue Ribbon Committee concerning Pre. Hospital EMS/Fire Services. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Michael R. Ramsey representing the Water Symposium of Florida, Inc. regarding a pilot program proposal to redesign roadway median. Item 7 and 8 to be heard no sooner than 1:00 D.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA.PL2009-o37 FLO TV Inc., represented by Kimberly J. Madison, Esq., of Ruden, McClosky, Smith, Schuster and Russell, P.A., is requesting a Variance of 67 feet and 4 Inches from the 75.foot front yard setback requirement; and a Variance of 10 feet and a inches from the 30-foot side yard setback requirement of LDC subsection 4.02.01, Table 2.1, Table of Minimum Yard Requirements for Base Zoning Districts, to permit 7-foot, a-Inch and 19- foot, 4-inch setbacks, respectively, for the guy lines of a communications tower In excess of 75 feet In the Estates (E) Zoning District The 4.77-acre subject property is located at 5860 Crews Road, In Section 8, Township 50 South, Range 26 East, In Collier County, Florida. (Companion Item to CU-2008-AR-14085)CTS B. This Item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2008-AR-14085 FLO TV, Inc., represented by Kimberly J. Madison, Esq., of Ruden, McClosky, Smith, Schuster and Russell, P.A., is requesting a Conditional Use for a communications tower In the Estates (E) Zoning District, as specified in Section 5.05.09 of the Collier County Land Development Code (LDC). The approximately 4.77- acre subject property Is located at 5860 Crews Road, In Section 8, Township 50 South, Range 26 East, in Collier County, Florida. (Companion Item to VA-PL2009-o37) CTS 8. ADVERTISED PUBLIC HEARINGS A. This item to be heard at 1:00 p.m. This item continued to the February 23, 2010 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: RZ-2008-AR-13951 : Olde Florida Golf Club, Inc., represented by John Passldomo of Cheffy Passidomo, and Margaret C. Perry, AICP, of Wilson Miller 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 members to the Land Acquisition Advisory Committee. B. Discussion regarding a resolution of the Board of County Commissioners of Collier County, Florida supporting legislative efforts to extend life safety retrofit relief to community associations. (Commissioner Coyle) 10. COUNTY MANAGER'S REPORT A. Recommendation to adopt the FY 2011 Budget Policy. (Mark Isackson, Corporate Financial and Management Services, County Manager's Office) B. This item to be heard at 11 :00 a.m. Recommendation to approve a clarifying Resolution stating the position of the Board of County Commissioners is to support the consolidation of all the independent fire control and rescue districts in Collier County into one district providing unified and equal fire protection services throughout the county. (Debbie Wight, Assistant to the County Manager) C. Recommendation to award a construction contract in the amount of $2,904,563 for the North County Regional Water Treatment Plant Finished Water Quality and Odor Control Compliance Project to Cardinal Contractors, Inc., Bid #10-5423, Project Number 71002. (Jim DeLony, Public Utilities Administrator) D. Recommendation to award Request for Proposal (RFP) No. 09-5262 for Engineering Services for Collier County (estimated annual expenditures $11,365,000). (Steve Carnell, Purchasing Director) 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. Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs Leobardo and Maritza Gutierrez, Case No. 2004060944, (CEB No. 2004-048) relating to property located at 1815 NE 47 Avenue, Naples, Florida. 2. Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Pedro Cruz, Case No. CESD20080007554, relating to property located at 222251 Terrace SW, Naples, Florida. 3. Recommendation to approve final acceptance of the water and sewer utility facilities for Restoration Church. 4. Recommendation to accept a proposed settlement providing for Partial Release of Lien in the Code Enforcement Action entitled Collier County Board of County Commissioners v. Tatiana Tannehill. B. TRANSPORTATION SERVICES 1. Recommendation to approve a Resolution providing for the acceptance of real property conveyances to the County or to the County Water-Sewer District which are made pursuant to ordinances, agreements, conditional use stipulations, or which have been requested by the County Manager, or his designee, as a pre-condltlon for the approval of site development plans, and which authorizes the Chairman of the Board to execute certain agreements related to said conveyances. 2. Recommendation to: (1) Award Bid #10-5399, Traffic Control System Components to Temple, Inc. for equipment necessary to complete the Adaptive Traffic activity under the US Department of Energys Energy Efficiency Conservation Block Grant (EECBG) In the amount of $232,382; and (2) Standardize purchase of traffic control system components used in Adaptive Traffic Control expansion. 3. Recommendation to approve the after-the-fact submittal of the attached Community Development Block Grant (CDBG) Home Investment Partnership (HOME) grant application to Collier County Housing & Human Services for a Naples Manor sidewalks project In the amount of $750,000 with in.klnd funding of $750,000 from Project No. 690811. 4. Recommendation to approve the purchase of Improved property which Is required for the construction of the Vanderbilt Beach Road Extension and for the construction of a stormwater retention and treatment pond. Project No. 60168 (Fiscal Impact: $214,354). 5. Recommendation to: (1) Award Bid #10-5388, Intelligent Transportation System (ITS) Components to multiple vendors (category basis), and (2) to standardize the purchase of ITS components In the Video Detection, Remote Pager System, Vehicle Pre-Emption and Wireless Vehicle Detection categories. Annual expenditure estimated $50,000. 6. Recommendation to approve Contract #10-5206, Professional Services for Design Services for Collier Area Transit (CAT) Transfer Station, In the amount of $305,495 with Post, Buckley, Schuh and Jernigan, Inc. 7. Recommendation to approve a Resolution authorizing a Joint Project Agreement between the Florida Department of Transportation and Collier County for the purpose of replacing or repainting traffic signal mast arm components previously installed by the FDOT with reimbursement to the County for its expenses. C. PUBLIC UTILITIES D. PUBLIC SERVICES 1. Recommendation to approve and authorize the Chairman to sign a Subreclpient Agreement providing for a $75,000 Housing and Urban Development (HUD) Community Development Block Grant (CDBG) grant to the City of Marco Island to install sidewalks on 2nd Avenue which was approved for funding In the 2009-2010 Action Plan. 2. Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #07DB-3V-09.21-o1.z01 between the Florida Department of Community Affairs and Collier County to reallocate $135,657.85 In unused project funds to the Disaster Recovery Initiative Single Family Rehabilitation Program. 3. Recommendation to award Bid #10-5418 for a production well for the Immokalee Sports Complex Swimming Pool to Miller Drilling and Water Treatment, Inc. in the amount of $55,935 and authorize the necessary budget amendment E. ADMINISTRATIVE SERVICES 1. Recommendation authorizing an offering of the Voluntary Separation Incentive Program pursuant to Collier County Ordinance No. 09.13, empowering the County Manager to implement the program, and authorizing the Chairman to sign the enabling Resolution. 2. Recommendation to approve an Agreement for Sale and Purchase with Virginia Anne Devisse, Trustee of the Virginia Anne Devisse Trust Dated December 22, 1990 for 4.84 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $137,700. 3. Recommendation to authorize the chairman to sign a resolution to create the Caracara Prairie Preserve (formerly known as Starnes) Trust Fund for management of the Caracara Prairie Preserve In perpetuity and to authorize the necessary budget amendments. F. COUNTY MANAGER 1. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or Insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Annual Banquet on January 25, 2010 at the Naples Lakes Country Club In Naples, FL. $40.00 to be paid from Commissioner Fiala's travel budget 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Right Angle Men's Club as a speaker on January 14, 2010 at the Vanderbilt Country Club in Naples, FL. $15.00 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 League of Women Voters Monthly Luncheon as a speaker on January 11, 2010 at the Collier Athletic Club, Naples, FL. $20.00 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. Will attend the 2010 Community Leadership Award - Beth Tikvah at the Naples Beach Hotel, Naples, FL on February 17, 2010. $54.00 to be paid from Commissioner Fiala's travel budget 5. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Drug Free Collier Community Awareness Luncheon at the Hilton Naples, Naples, FL on March 11,2010. $50.00 to be paid from Commissioner Fiala's travel budget 6. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Friends of Collier Fashion Show to benefit the scholarship program to award scholarships to students at Edison College who are studying for careers in healthcare. This event will take place at the Forest Glen Country Club in Naples, FL on March 13, 2010. $30.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Jim Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public purpose. Attended to the Naples Chamber of Commerce's Business After Five event on 12/17/09 at the Naples Hilton Hotel In Naples, FL. $20.00 to be paid from Commissioner Coletta's travel budget I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous Items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of January 30, 2010 through February 5, 2010 and for submission Into the official records of the board. 2. To obtain board approval for disbursements for the period of February 6, 2010 through February 12, 2010 and for submission into the official records of the board. K. COUNTY ATTORNEY 1. This item continued from the February 9, 2010 BCC Meeting. 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. 2. Recommendation to authorize a Stipulated Final Judgment In the amount of $6,000 for Parcel 161 RDUE In the lawsuit styled Collier County v. Patricia K. Carlyle, et al., Case No. 07-2829-CA (Oil Well Road Project 60044) (Fiscal Impact $4,200). 3. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Stephen R. Sutherlin and Laboratory Corp. of America, in the County Court In and for Collier County, Florida, to recover damages In the amount of $6,421.85 plus costs of litigation as a result of an automobile accident 4. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Kim Mudge in County Court in and for Collier County, Florida, to recover damages as a result of an automobile accident In the amount of $4,877.09, plus costs of litigation. 5. Recommendation to approve bylaws as adopted by the Collier County Emergency Medical Services Policy Advisory Board pursuant to Section Five of Ordinance No. 2009-01, as amended. 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 requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2006-AR-10318: Pawel and Teryl Brzeskl, Magnolia Pond Holdings, LLC and Teryl Brzeskl, Trustee of the Land Trust # 1-B, represented by Davidson Engineering and Patrick White of Porter, Wright, Morris & Arthur, LLP, are requesting a rezone from the Magnolia Pond Planned Unit Development (PUD), Ordinance No. 98-49, and Rural Agriculture (A) Zoning Districts to a Mixed-Use Planned Unit Development (MPUD) to be known as Magnolia Pond MPUD, permitting 231 multi-family dwelling units and/or an assisted living facility (ALF) at a floor area ratio of 0.60 with the applicant seeking to add an additional 5 acres to the site. The subject property Is 47.05 acres and Is located on the north side of the 1-75 right- of -way and half mile west of Collier Boulevard (CR-951) in Section 34, Township 49 South, Range 26 East, Collier County, Florida. (CTS) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: PUDZ-2007-AR-12294: Collier County Airport Authority and CDC Land Investments, Inc., represented by D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, requests a rezone from the Industrial (I) and the Rural Agricultural with a Mobile Home Overlay (A-MHO) Zoning Districts to the Airport Operations Planned Unit Development Zoning District (AOPUD) for a project to be known as the Immokalee Regional Airport Operations Planned Unit Development This project proposes to allow development of a maximum of 5,000,000 square feet of aviation and non-aviation development on 1,484 acres of land located north of CR 846, in Sections 25, 26, 27, 34, 35, 36, Township 46 South, Range 29 East, and Sections 2 and 3, Township 47 South, Range 29 East, Collier County, Florida. (CTS) C. 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.