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Recap 06/08/2010 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) ~a\."'\ I II/... ~..~. I . . '( .".J~. J( ....... \ AGENDA June 8, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 (Absent) Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB 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." Page 1 June 8, 2010 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 IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Smith - New Hope Ministries 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes - 4/0 B. May 11, 2010 - BCC/Regular Meeting Approved as presented - 4/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) Page 2 June 8, 2010 A. 20 Year Attendees 1) Robert DeCamp, Parks and Recreation Presented 2) Daniel Rodriguez, Solid Waste Presented 3) Glenda Smith, Growth Management Planning and Regulation Presented B. 30 Year Attendees 1) Ron Jamro, Museum Presented C. 35 Year Attendees 1) Murdo Smith, Parks and Recreation Presented 4. PROCLAMATIONS (One Motion Taken to Adopt Items #4B & #4C) A. Proclamation designating June 19,2010 as Collier County's NAACP Branch #5117's 1st Annual Juneteenth Family Day Celebration. To be accepted by NAACP State President Ms. Adora Nweze, Harold Weeks, Rhonda Cummings, Tamika Seaton, Dianna Perryman and Laurel Paster. Sponsored by Commissioner Coyle. Adopted - 4/0 B. Proclamation congratulating Calusa Park, Golden Terrace, Lake Park and Lely Elementary Schools for their participation in the schools' "Giver" Program. To be accepted by Karen Conley, President and CEO, Charity for Change, and guests. Sponsored by Commissioner Henning. Adopted - 4/0 c. Proclamation designating June 19,2010 as World Refugee Day. To be accepted by Armando Galella, Director, Catholic Charities District 3 and Page 3 June 8, 2010 Sharon Kirkpatrick, Education Director, Catholic Charities of Collier County. Sponsored by Commissioner Coletta. Adopted - 4/0 5. PRESENTATIONS 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 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Report to the Board of County Commissioners on the Property Assessed Clean Energy (PACE) initiative. (Commissioner Coletta) Motion directing staff to explore the program and to return with a detailed report on feasibility of County participation in the PACE Initiative - Approved 4/0 B. To discuss revised utilities Ordinance 2008-32, Section 4, Resolution 2009- 224 regarding adding meters on building fire lines and the effect this will have on the industry. (Commissioner Henning) Motion providing an Administrative Stay on further implementation, after appropriate vetting staff to provide a detailed report and bring item back for reconsideration at a future Board meeting - Approved 4/0 C. Appointment of member to the Ochopee Fire Control District Advisory Committee. Resolution 2010-117: Appointing Ronald Gilmer Gilbert - Adopted 4/0 D. Appointment of members to the Hispanic Affairs Advisory Board. Resolution 2010-118: Re-appointing David Correa and Zetty Yetny Rivera - Adopted 4/0 Page 4 June 8, 2010 10. COUNTY MANAGER'S REPORT A. Recommendation to accept staffs two year report and recommendations regarding the County's local vendor preference policy. (Steve Carnell, Purchasing Director) Motion to Stay current policy and for County Manager to meet with Staff and the Economic Task Force regarding any improvements to the policy - Approved 4/0 B. Recommendation to approve a Developer Agreement between Corradi Airport Inc. and Collier County to fund the design, advertising, public meetings, permitting and construction of phased intersection improvements at Orange Blossom Drive and Airport Road. (Nick Casalanguida, Deputy Administrator, Growth Management Division) Approved - 4/0 C. Recommendation to authorize a budget amendment to reallocate funds in the amount of $2,000,000 from Reserves to the South Reverse Osmosis Raw Water Well field Pipeline Repair Project, Project Number 70030. (Jim DeLony, Public Utilities Administrator) Approved - 4/0 Moved from Item #16F1 (Per Agenda Change Sheet) D. Recommendation to authorize the Chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers joint permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division. Approved - 4/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. A report in response to the Board's direction at its March 9,2010, meeting regarding the regulation of companies providing vehicle immobilization services in Collier County and a request for direction with respect to amending Ordinance No. 08-47, as amended, and the maximum vehicle immobilization rate established by Resolution No. 2009-271. Page 5 June 8, 2010 Motion to accept $100 fee for booting vehicles to include warning stickers, accepting credit cards, and trucks to have illuminated licenses - Approved 3/1 (Commissioner Henning opposed) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Henning - Cable Provider Competition - staff to pursue cable and internet providers in Collier and bring back a report during the first meeting in September - Consensus B. Commissioner Henning - Orlando Trip w/Jackson Labs C. Commissioner Coletta - Chairman to send letter to Congressional and Legislative Leaders requesting that the FEMA Map Meetings be held in September and October D. Commissioner Fiala - Congratulations to Jim Von Rinteln is now head of the Red Cross in Collier County E. Chairman Coyle - Jackson Labs F. Motion to adjourn - Approved 4/0 ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with changes - 4/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water utility facility for Cameron Commons. With the release of any Utilities Performance Security (UPS) Page 6 June 8, 2010 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Leawood Lakes with the roadway and drainage improvements being privately maintained. Resolution 2010-114 3) This item requires that ex parte disclosure be provided by Commission Members. Should a hearine: 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 Ave Maria Unit 9, Parcel 105 Lots 11-18, Lots 29-40 Replat. 4) This item requires that ex parte disclosure be provided by Commission Members. Should a hearine: 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 Ave Maria Unit 11, Del Webb at Ave Maria, Parcels 106, 11 0, 112, 113 & 115. 5) Recommendation to award Bid # 1 0-5424, Records Management Services to Vital Records Control, LLC for an estimated annual expenditure not to exceed $90,000 for the storage and retrieval of Building and Land Development Services Department records. Along with digital submission of building and development plans, current technologies are being considered for ease of accessibility and cost to convert microfilmed and hard copy records 6) Recommendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 169RDUE) which is required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard (Project No. 60040) - Fiscal Impact: $2,900. As detailed in the Executive Summary 7) Recommendation to provide after the fact approval for the submittal of a Wetlands Reserve Enhancement Program grant application to the United States Department of Agriculture for a Griffin Road Storm Water Improvement Project. Located offUS41 and Barefoot Williams Road on Rookery Bay property Page 7 June 8, 2010 Withdrawn (Per Agenda Change Sheet) 8) Recommendation to approve changes done to the Drug Free Workplace Policy in the Personnel Manual for the employees of Collier Area Transit in order to comply with Florida Transit Administration's regulations. 9) Recommendation to purchase a parcel of land and to approve the declaration of a public right-of-way. Project No. 60018. (Fiscal Impact: $527) As detailed in the Executive Summary 10) Recommendation to approve and execute the 2010/2011 Transportation Disadvantaged Trip & Equipment Grant Agreement FM #20724618401120724638401 and a Resolution authorizing its Chairman to execute the agreement for a total project cost of $652,703. Resolution 2010-115 11) Recommendation to accept a Quitclaim Deed from the South Florida Water Management District in order to provide legal access to the public road network for the benefit of the owners of properties located along Lakeshore Drive, south of the subdivision of Lake Trafford Shores in Immokalee. (Fiscal Impact: None.) Folio #53504960004 12) Recommendation to approve and submit the attached Program of Projects for grant applications for the Federal Transit Administration Sections 5307 FY 10 and 5309 FY 09110 available grant funds. As detailed in the Executive Summary B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES 1) Recommendation to approve a budget amendment in the amount of $900,000 transferring funds from the Mandatory Trash Collection Fund Reserves to the District I FYI0 Operating Expense Budget to Page 8 June 8, 2010 pay for disposal costs of residential curbside solid waste at the Collier County Landfill. Due to staff underestimating the tonnage brought to the landfill based on current trends and economic downturn D. PUBLIC SERVICES 1) Recommendation to approve a budget amendment in the amount of $14,175.09 to recognize revenue and appropriate expenditures from the collection of co-payments and contributions from the Collier County Services for Senior's program. Total fiscal impact $14,175.09. For in-home support services and adult day care for the County's frail elderly 2) Recommendation to approve Annual Reports for years 2005 through 2009 to the Florida Department of Highway Safety Motor Vehicles for the Choose Life Specialty License Plate and authorize the Chairman to sign, and approve a budget amendment to recognize revenue in the amount of$79,561.45 as proceeds from the sale of Choose Life Specialty License Plates. Qualifies non-governmental not-for-profit agencies that provide services and counseling to pregnant women committed to placing their children for adoption 3) Recommendation to award Invitation to Bid (ITB) #10-5412 for Veterinary Medical Supplies and Equipment to seven providers: Alliance Medical, Inc. (dba Allmed), Butler Animal Health Supply LLC (dba Butler Schein Animal Health Supply), Merritt Vet Supplies, MWI Veterinary Supply, School Health Corporation, TW Medical Veterinary Supply, and Webster Veterinary Supply, Inc. in no particular order. Estimated annual expenses are $75,000. Providing pharmaceutical, medical supplies, and equipment for treatment and care of animals in custody of Domestic Animal Services (DAS) 4) Recommendation to approve grant related expenditures in excess of $50,000 under the Disaster Recovery Initiative program to fund substantial rehabilitation activities for a single family residential Page 9 June 8, 2010 dwelling unit. Funding will ensure correction of current Code Enforcement violations, compliance with Collier County building code regulations, grantor agency requirements and further the goals and objectives of the Housing Element of the Growth Management Plan. Due to damage from Hurricane Wilma, funding will ensure correction of current Code Enforcement violations without demolition and replacement 5) Recommendation to award Invitation to Bid (ITB) #10-5438R Purchase and Delivery of Ultrasound System to Phillips Healthcare in the amount of $74,720, which includes annual maintenance fees for four years after the one year warranty. Providing an ultrasound machine to Collier Health Services, Inc. 6) Recommendation to approve and authorize the Chairman to sign five (5) lien agreements for deferral of 1000/0 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 $75,576.30. For the following legal descriptions and amounts to be deferred: Lot 68 Liberty Landing, $15,246.26; Lot 132 Liberty Landing, $15,246.26; Lot 129 Liberty Landing, $15,246.26; Lot 130 Liberty Landing, $15,246.26; Lot 1 Regal Acres, $14,591.26 7) Recommendation to award Bid #10-5480 to Kelly Brothers, Inc., for the construction contract of the Bayview Park Phase I Project #80060.1 in the amount of$337,959. To include the replacement of the existing seawall, widening of an existing boat ramp, installation of a new fixed boat dock, and a new floating boat dock with an ADA accessibility ramp 8) Recommendation to approve a Ground Lease Agreement for Communication Tower with New Cingular Wireless PCS, LLC, for land at Max Hasse Community Park for a first year's rent income of $40,000. Page 10 June 8, 2010 Cingular will replace an existing light pole with a 160' stealth style communications tower and field lights on the tower 9) Recommendation to approve and authorize the Chairman to sign a letter encouraging Florida Housing Finance Corporation to maintain the affordability of rental apartment developments following foreclosure sales initiated by the Corporation and to accept a report of options available to Collier County to maintain the affordability of rental apartment developments that may be the subject of future foreclosure proceedings. For the Heritage Apartments and Turtle Creek Apartments 10) Recommendation to approve a Secoqd Amendment to Lease Agreement with Naples Zoo, Inc. to modify the lease boundaries recognizing a land swap which changes the leased property from 43.52 to 44.1 acres plus/minus. E. ADMINISTRATIVE SERVICES 1) Recommendation for award ofRFP #10-5477 Arbitrage Rebate Requirements for Collier County to PFM Asset Management LLC in an estimated annual amount of$50,000. The contract may be extended for two additional one year periods 2) Recommendation to authorize a budget amendment to recognize and appropriate an insurance refund in the amount of $77,900. (Project #52525) Emergency repairs were made due to a water line break in the Naples Jail Kitchen 3) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period April 21, 2010 through May 18,2010 F. COUNTY MANAGER OPERATIONS Moved to Item #10D (Per Agenda Change Sheet) Page 11 June 8, 2010 1) Recommendation to authorize the Chairman to execute a Florida Department of Environmental Protection Agency and Army Corps of Engineers joint permit application to continue maintenance activities in the Clam Bay system on behalf of the Pelican Bay Services Division. 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2010-116 3) Recommendation to approve Collier County's participation in the Florida Department of Revenues tax amnesty program for Local Option Tourist Development Tax Collection. The Amnesty Program will allow anyone planning to rent their property for six months or less the ability to register without penalty for previous rentals where no tax was collected G. AIRPORT AUTHORITY 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 8th Annual Paradise Coast Tourism Awards Luncheon at the Naples Beach Hotel on May 13,2010 in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. Located at 851 Gulf Shore Boulevard, Naples 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Lunch with the Chief - Marco Police Foundation at the Island Country Club on Marco Island, FL on May 19,2010. $22 to be paid from Commissioner Fiala's travel budget. Located at 500 Nassau Road, Marco Island 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 12 June 8, 2010 Attended the East Naples Civic Association Monthly Luncheon on May 20, 2010 at Hamilton Harbor Yacht Club in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. Located at 7065 Hamilton Ave., Naples 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Economic Development Council Post Legislative Delegation Luncheon on June 9, 2010 at The Club at the Strand in Naples, FL. $25 to be paid from Commissioner Fiala's travel budget. Located at 5840 Strand Blvd., Naples 5) Proclamation designating June 13,2010 through June 19,2010 as Mote Marine Laboratory Week. To be mailed to Angela Miller, Mote Marine Laboratory. Sponsored by Commissioner Coyle. Adopted 6) Proclamations being presented to Calusa Park, Lely Elementary, Lake Park Elementary and Golden Terrace Elementary for their "Star Givers" program. Being presented to Karen Conley after BCC approval. Sponsored by Commissioner Henning. Presented I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation that the Board of County Commissioners approve for submission the State Revenue Sharing Application for the fiscal year FY 2010-2011 and to obtain approval for the Chairman to sign the application. The application must be submitted by June 30, 2010 2) Recommendation to provide after the fact approval for the designation of the Sheriff as the official applicant and point of contact for the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Page 13 June 8, 2010 Assistance FYI0 Human Trafficking Task Force continuation grant, authorize the electronic submission of the application, accept the grant when awarded, and approve associated budget amendments. The Bureau of Justice Assistance required the online grant submittal be completed by Friday, May 21, 2010 3) Recommendation that the Board of County Commissioners serve as the local coordinating unit of government for the Florida Department of Law Enforcement's Federal Fiscal Year 2010 Edward Byrne Memorial, Justice Assistance Grant (JAG) Countywide Program and authorize the Chairman to execute the Certification of Participation, designate the Sheriff as the official applicant, Sheriffs office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. Allowing for the continuance of the Child Abuse/Sexual Offender/Sexual Predator Program 4) To obtain Board approval for disbursements for the period of May 15, 2010 through May 21, 2010 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of May 22, 2010 through May 28, 2010 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Recommendation to approve the mediation settlement prior to trial in the lawsuit entitled Madeline Buonomo v. Collier County, Florida, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $52,500 and authorize the Chairman to execute the Settlement Agreement. The plaintiff tripped and fell during a company picnic at Vineyards Park 2) Recommendation to approve a Stipulated Final Judgment in the amount of $130,000 for Parcel 804 in the lawsuit styled Collier Page 14 June 8, 2010 County v. Myrtle Cove, Inc., et al., Case No. 07-5038-CA (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $74,250) For construction of a maintenance road along the recently enlarged drainage canal 3) Recommendation to approve a settlement prior to Court-ordered mediation in the lawsuit entitled Douglas Belanger, Sr. as parent and natural guardian of Douglas Belanger, Jr., a Minor v. Collier County Board of Commissioners, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, for the sum of $8,000 and authorize the Chairman to execute the Settlement Agreement. Due to a collision with a golf cart being driven at low speed by a county employee 4) Recommendation to approve a Stipulated Final Judgment in the amount of$501,000 for Parcels 126FEE and 126TCE in the lawsuit styled Collier County v. Alexander Christou, Inc., et al., Case No. 07- 4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $152,874.13). For a temporary construction easement on a 2.75 acre parcel for road right-of-way 5) Authorize the County Attorney to advertise an ordinance for future Board consideration which would authorize and regulate the use of traffic infraction detectors consistent with recent passage ofHB 325, which established statewide legislation regulating red light cameras, known as the Mark Wandall Traffic Safety Act. Implementing an amended agreement with American Traffic Solutions (the current vendor) 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 APPROV AL 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 Page 15 June 8, 2010 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. 18. ADJOURN Approved - 4/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 16 June 8, 2010