Loading...
Agenda 02/10/2009 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA February 10th, 2009 9:00 AM Donna Fiala, Bee Chairman Commissioner, District 1; CRAB Chairman Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Colella, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, Bee Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM 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," 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 Parte Disclosure provided by Commission members for consent and summary agenda.) B. January 7, 2009 - Value Adjustment Board Hearings with Special Magistrate Scoll Watson C. January 8, 2009 - BCC/EDC Workshop D. January 9, 2009 - Value Adjustment Board Regular Meeting E. January 13, 2009 - BCC/Regular Meeting F. January 16, 2009 - BCC/CRA Annual Report Workshop G. January 20, 2009 - BCC/TDC Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Commillee Service Awards A. 5 Years - Stephen A. Harrison - County Government Productivity Commillee 4. PROCLAMATIONS A. Proclamation designating February as Scouting Anniversary Month, To be accepted by William Kocses. B. Proclamation recognizing Collier County's Code Enforcement Blight Prevention Program. To be accepted by Michelle Scavone and Kimberly Brandes. C. Proclamation designating February 10, 2009 as Shirlee Barcic Day. To be accepted by Shirlee Barcic. D. Proclamation recognizing The Humane Society Naples for their contributions to Collier County. To be accepted by Michael Simonik, Executive Director, The Humane Society Naples, E. Proclamation designating the week of February 16 - 23, 2009 as Engineers Week in Collier County. To be accepted by Dan Waters, PE, Calusa Chapter President Marlene Messam, PE, Calusa Chapter Vice-President Alison Huber, PE, Calusa Chapter Treasurer Allyson Swanson, PE, Director, Calusa Chapter Way & Means Cmte, Ralph Verrastro, PE, Chair, Calusa Chapter Membership Cmte. F. Proclamation designating February 26,2009 as J. Dudley Goodlelle Day, To be accepted by Jeffrey Allbritten, President, Edison State College Collier Campus. 5. PRESENTATIONS A. Recommendation to recognize Robert Dennison, Plant Mechanic, Wastewater Department, as Employee of the Month for January 2009. B. Presentation by Kraft Construction on the Construction status of the new Courthouse Annex. 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1 :00 p,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. CU-2006-AR-10925, Basil Street Partners, LLC, represented by Clay Brooker, Esq., of Cheffy, Passidomo, Wilson & Johnson, LLP, requesting a Conditional Use (CU) for a passive recreational use in the Agricultural (A) zoning district, as specified in Section 2.04,03 of the Collier County Land Development Code (LDC), The subject property, consisting of 4.32 acres, is located at10111 and 10121 Keewaydin Island, in Section 14, Township 51 South, Range 25 East, Collier County, Florida. CTS 8. ADVERTISED PUBLIC HEARINGS A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. RZ-2008-AR.12930, Collier County Coastal Zone Management represented by Laura DeJohn of Johnson Engineering, Inc., requesting a Rezone from the RMF-6 (Residential Multi-family) and C.3 (Commercial Intermediate) to CF (Community Facility) to provide a parking lot for the Bayview Park boat launch. The subject property is located in Section 23, Township 50 South and Range 25 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-12026: Stephen J, Lockwood, Trustee for SJL Realty II Trust, represented by Heidi Williams, AICP, of Q. Grady Minor and Associates, P .A., and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a rezone from the Rural Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Savannah Place RPUD, to allow development of a maximum of 20 townhouse, single-family attached or single- family detached dwelling units, The subject 6.81 acre property is located on the south side of Orange Blossom Drive approximately one half mile west of Airport Road (CR 31), in Section 2, Township 49 South, Range 25 East, Collier County, Florida. (CTS) 9, BOARD OF COUNTY COMMISSIONERS A, Appointment of members to the Land Acquisition Advisory Committee. B. Appointment of members to the Collier County Code Enforcement Board, C. Appointment of members to the Immokalee Enterprise Zone Development Agency. D. Appointment of member to the Immokalee Master Plan and Visioning Committee. E. Appointment of members to the Emergency Medical Services Policy Advisory Board. F. Consideration of the request by the Productivity Committee (7-3) that the Board of County Commissioners reconsider their directive that Productivity Committee Meetings be relocated.(Commissioner Coyle) 10, COUNTY MANAGER'S REPORT A. Request that the Board of County Commissioners adopts the Collier County Transportation Impact Fee Update Study (Study) dated December 2008 and directs staff to bring back an Ordinance amending Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the Study, Also, that the BCC reviews the fiscal analysis and additional data requested during the January 13, 2009 regular meeting agenda Item 10-C and directs staff to adopt the appropriate impact fee rate schedule and payment schedule. (Norman Feder, Transportation Services Administrator) B. Recommendation to approve Funding Agreement No, 4600001684 in the amount of $1,500,000.00 with the South Florida Water Management District to provide assistance with the construction of three (3) Stormwater Improvement Projects: (1) Lely Area Stormwater Improvement Project; (2) Freedom Park; and (3) Gateway Triangle Stormwater Improvement Project. (Norman Feder, Transportation Services Administrator) C. This item to be heard at 11 :00 a.m. Recommendation to deny the petitioners request for a reduction of the storage for the two northbound left turn lanes to Business Circle South in order to provide storage for a single left turn lane southbound for access into the main gate of Forest Glen, Project 60001. (Norman Feder, Transportation Services Administrator) D. Recommendation that the Board of County Commissioners approves the Wetland Mitigation and Panther Habitat Unit Option Agreement with the Barron Collier Companies and authorizes the Chairman to sign the document. Project #60044. (Norman Feder, Transportation Services Administrator) E. Recommendation for the Board of County Commissioners to approve the award of Bid #09-5169 to the lowest qualified and responsive bidder BCBE Construction Co., Inc. for the construction contract ofthe Goodland Boat Park Project #80611.1 for a lump sum price of $1,690,020.28. (Marla Ramsey, Public Services Administrator) 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 that the Board of County Commissioners approve having staff advertise and return for the Boards consideration at a future meeting the Litter, Weed and Exotic Control Ordinance (Ordinance Number 05-44) to clarify the requirements for the Special Magistrates role in the imposition of nuisance abatement liens and to incorporate the Boards prior direction as reflected on the attached proposed amended ordinance. 2. 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. Recommendation to approve for recording the final plat of Copper Cove Preserve, Unit Two. 3. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Veronawalk Phase 3A (Winding Cypress PUD) with the roadway and drainage improvements being privately maintained. 4. A Resolution of the Collier County County Board of County Commissioners to extend the term of the Rural Lands Stewardship Area Review Committee. B. TRANSPORTATION SERVICES 1, Recommendation to award Bid No. 09-5144 -111th Avenue at 8th Street Intersection Improvements (Project No. 600741/F.M, No. 415543-1) to Better Roads,lnc., in the amount of $148,660,60 with 10% contingency of $15,000.00 for a total of $163,660.60. 2. Recommendation that the Board approve the donation of plants from the Bayshore Beautification Municipal Service Taxing Unit (M.S.T.U.) to the Naples Botanical Garden (NBG). 3. Recommendation that the Board of County Commissioners approve the Landscape Maintenance Agreement between Collier County, Florida and Pine Air Lakes Development District for landscaping within the right-of-way on Naples Boulevard. 4. Recommendation to approve a work order in the amount of $223,990 to URS for project management and oversight for the Lely Area Stormwater Improvement Project (LASIP) Lely Main Canal (East. West) phase under Contract 05-3657 Project Management and Oversight Services. 5. Recommendation to approve award of contract #08-5132 to American Traffic Solutions for provision of a Red Light Running Camera Enforcement System, C, PUBLIC UTILITIES 1, Recommendation to award ContractITB#08-5075, Collection Agency Service for Collier County to United Adjustment Corporation, D. PUBLIC SERVICES 1. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, five (5) lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing dwelling units located in Collier County. 2. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign, eight (8) Developer lien agreements for deferral of 100% of Collier County impact fees for owner-occupied affordable housing units located in Collier County. 3. Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 4. Recommend approval by the Board of County Commissioners to replace Page 2 of 10 due to a scriveners error on the FDEP Cost Share Contract 05C01 for the City of Naples/Collier County Beach Re-nourishment Project. 5, Recommend that the Board of County Commissioners approve and authorize the Chairman to sign revised Use Agreement No. U-0344 between Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Collier County for access to Delnor-Wiggins State Park for Wiggins Pass dredging. 6, Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to the Eden Gardens Apartments Limited Partnership State Housing Initiatives Program(SHIP) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Loan approved on November 13, 2007 (Item 16D27) for $442,000.00 This amendment will allow for a time extension, budget change and payments to be made to Eden Gardens Apartment LLP as reimbursement for expenses incurred for eligible costs associated with the Agreement even though leasing of the units is not complete. 7. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an agreement between Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida and approve budget amendments to reflect the actual grant award for the Older Americans Act program, 8. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to the Big Cypress Housing Corporation Community Development Block Grant Program (CDBG) for (55) Fifty-Five Multi-Family Rental Units Subrecipient Agreement approved on July 24,2007 (Item 12D) for $192,000,00 This amendment will allow for time extension and final payments to be made to Big Cypress as reimbursement for expenses incurred for eligible costs associated with the Agreement even though leasing of the units is not complete. 9. Recommendation to approve application and Memorandum of Understanding for a Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $350,000 from the United States Department of Justice and, if awarded, to serve as the Fiscal Agent and to authorize staff to negotiate a sub-recipient agreement with Child Advocacy Council (dba Child Protection Team). 10. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement with Collier County Child Advocacy Council dba Child Protection Team to provide supervised visitation services in Collier County. Services will be reimbursed through a grant from the United States Department of Justice, Office on Violence Against Women, which began September 1, 2007 and ends August 31, 2009. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve and execute a First Amendment to Lease Agreements with George Vega, Tom Brown, Larry Martin and Jack Stanley, AKA Palm Lake Investments, for temporary office space to house the Office of the Public Defender during construction of the new Courthouse Annex building at a monthly cost of $17,225.10, Project 52004-1. 2. Recommendation to approve an Agreement for Sale and Purchase with Mahlan Houghton and Paula Houghton for 2.73 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $44,000. 3. Recommendation to approve an Agreement for Sale and Purchase with Monty D. Robinson for 2.27 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $36,800. 4. Recommendation to approve an Agreement for Sale and Purchase with Theodore W. Romak for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $18,700. 5. Approval of the Collier County Employee Benefit Plan and Flexible Benefits Plan documents effective January 1, 2009. 6. Recommendation to award Bid No. 09-5146, Handyman and Minor Carpentry Services to BQ Concrete LLC; OneSource Construction Company and Builders, Inc.; Homescape Construction, Inc.; Spectrum Contracting, Inc.; and Cali and Associates, Inc., for handyman and minor carpentry services for an estimated annual amount of $70,000. 7. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts, 8, Recommendation to approve a First Amendment to Lease Agreement with Domenico and Maria LaGrasta for the continued use of temporary warehouse/office space used by the Sheriffs Office at a first years cost of $52,800, 9. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the first quarter of FY 09. 10. Recommendation to amend the Purchasing Policy to allow staff to solicit proposals from firms under CCNA Fixed Term Agreements. F. COUNTY MANAGER 1. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. 2. Recommendation that the Board of County Commissioners approve the proposed recommended Ordinance authorizing the County Manager to extend the opportunity for a Voluntary Separation Incentive Program to eligible employees upon approval by the Board of an enabling Resolution and authorize Staff to advertise said Ordinance for approval at a future Board meeting. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute a grant agreement with the Federal Aviation Administration (FAA) in the amount of $187,150,00, and approve all necessary budget amendments, to expand the aircraft parkins apron at the Immokalee Regional Airport. 2. Recommendation that the Board of County Commissioners approve and authorize its Chairman to execute a grant agreement with the Federal Aviation Administration (FAA) in the amount of $101,741.00, and approve all necessary budget amendments, for construction ofthe aircraft apron (north) at the Marco Island Executive Airport, H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests Board approval for reimbursement to attend an event serving a valid public purpose. Attended the Annual East Naples Civic Association Banquet on 1-26-09. $40.00 to be paid out of Commissioner Henning's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 59th Annual East Naples Civic Association Banquet on January 26, 2009 at Naples Lakes Country Club in Naples, FL. $40,00 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 Economic Development Council VIP Breakfast on February 6, 2009 at Parker Hannifin in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget, 4. Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the Urban Land Institute of South West Florida's 12th Annual Winter Institute on the Gulf, January 29, 2009 at the Naples Hilton. $50 to be paid from Commissioner Coletta's travel budget. 5. Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta participating as instructor and student at the 25th Annual Growth Management, Energy, Climate Change, and Environment Short Course, February 18-19, 2009, at the Daytona Beach Hilton. Registration $495; Hotel Accomodations $133; Parking: $34; Total of $662 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Coletta requests Board approval for payment to allend a function serving a valid public purpose. Commissioner Coletta attended the 59th Annual East Naples Civic Association Banquet, January 26, 2009. $40 to be paid from Commissioner Coletta's travel budget. 7. Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attending the Foundation for Developmentally Disabled Fundraiser and Gala, February 21,2009. $125.00 to be paid from Commissioner Colella'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 17, 2009 through January 23,2009 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of January 24, 2009 through January 30, 2009 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to approve settlement prior to trial in the lawsuit entitled Osvaldo Gayon v. Dennis Larson, et al.; filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-340-CA, for $9,500.00, 2. Recommendation to approve a Stipulated Final Judgment in the amount of $356,305 for Parcels 134 and 135 in the lawsuit styled Collier County v. Ronen Graziani, et aI., Case No. 06-0548-CA (Santa Barbara Boulevard Project, No. 62081). (Fiscal Impact $222,772.60) This is a companion item to Parcel 136, Item 16K3. 3. Recommendation to approve a Stipulated Final Judgment for Parcel 136 in the lawsuit styled Collier County v. Ronen Graziani, et al., Case No. 06-548-CA and to purchase the remainder property located on Santa Barbara Boulevard as part of the outstanding eminent domain litigation settlement. Project No. 62081, (Fiscal Impact: $637,780). This is a companion item to Parcels 134 and 135,Item 16K2, 4. For the Board of County Commissioners to approve the Filing of a Foreclosure Action with the Circuit Court of the Twentieth Judicial Circuit to recover three outstanding Code Enforcement Liens presently totaling $517,662.48, regarding the Jerry Blocker and Kimberlea Blocker property located at1101 Alachua Street, Immokalee Florida, alkla Shells Trailer Park Folio Nos. 63864720000,63864680001, and 63864760002. 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. Recommendation that the Board of County Commissioners, pursuant to authorization under item 16F(2) on January 13, 2009, adopt and enact a duly noticed and published Ordinance dissolving fourteen (14) inactive taxing authorities which are currently found on the Property Appraisers Ad Valorem Property Tax Roll. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383,