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Agenda 04/09/2013 Agenda Index COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority /. r 1 ()1{ Ns N. AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East,3rd Floor Naples FL 34112 April 09,2013 9:00 AM Georgia Hiller- BCC Chairwoman; BCC Commissioner,District 2 Tom Henning-BCC Vice-Chairman; BCC Commissioner,District 3 Donna Fiala-BCC Commissioner, District 1; CRAB Vice- Chairman Fred W.Coyle- BCC Commissioner, District 4 Tim Nance- BCC Commissioner,District 5; CRAB Chairman NOTICE:All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to 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 proceeding 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,the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail,Suite 1, Naples,Florida, 34112-5356, (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 1.A. Dr.Ronald Patterson-Naples United Church of Christ Pg.1- 1 2. AGENDA AND MINUTES 2.A. Approval of today's consent agenda as amended(Ex Parte Disclosure provided by Commission members for consent agenda.) 2.B. Approval of today's summary agenda as amended(Ex Parte Disclosure provided by Commission members for summary agenda.) 2.C. Approval of today's regular agenda as amended. 2.D. March 12,2013-BCC/Regular Meeting Minutes 3. SERVICE AWARDS 4. PROCLAMATIONS 4.A. Proclamation designating April 20-21,2013 as Conservancy of Southwest Florida Pg.2-3 Grand Reopening Weekend.To be accepted by Andrew McElwaine,President and CEO,Conservancy of Southwest Florida.Sponsored by Commissioner Hiller. 4.B. Proclamation designating April 2013 as Child Abuse Prevention Month and Pg.4-5 recognizing the Children's Advocacy Center for its life-changing work and service to the abused and neglected youth in Collier County.To be accepted by Jackie Stephens, CEO,Children's Advocacy Center.Sponsored by Commissioner Hiller. 4.C. Proclamation designating April 2013 as Sexual Assault Awareness Month in Collier Pg.6-7 County.To be accepted by Michelle English,Executive Director,Project Help and Eileen Wesley,Victim Service Coordinator,Project Help.Sponsored by Commissioner Coyle. 4.D. Proclamation designating April 21-27,2013 as Crime Victims Rights Week in Collier Pg.8-9 County.To be accepted by Angela Larson,Victim's Services Supervisor,Collier County Sheriffs Office and Betty Ardia-McGuire,State Attorneys Office.Sponsored by Commissioner Coyle. 4.E. Proclamation designating April 2013 as Parkinson's Disease Awareness Month in Pg.10-11 Collier County.To be accepted by Michael and Gretchen Church,Parkinson's Action Network.Sponsored by Commissioner Fiala. 4.F. Proclamation recognizing the Special Olympics of Collier County(SOCC)for its work Pg.12-13 in the community and to raise awareness of its cause.To be accepted by David McKenzie,County Coordinator,SOCC;Sue Palmer,Fundraising Director,SOCC;Fritz Sullivan,Marketing Director,SOCC;Matt Berman,Founder,Stand Up Paddle(SUP);MJ Weibling,SUP Coach;Taylor Masiero,SUP Head Coach;Viviana Pantoja,Athlete and Martin Grasser,Athlete.Sponsored by Commissioner Hiller. 5. PRESENTATIONS S.A. Presentation of the Collier County Business of the Month for April 2013 to Lutgert Pg. 14-16 Insurance.To be accepted by Bud Hornbeck,President;Patty Hornbeck,Associate; Scott Lutgert,Owner;Steve Benza,Vice President;Marc Williams,Vice President;and Howard Gutman,Owner. 6. PUBLIC PETITIONS 6.A. Public Petition request from Randall J.Cohen regarding practices and procedures. Pg.17- 19 7. PUBLIC COMMENTS ON GENERAL TOPICS 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 10. BOARD OF COUNTY COMMISSIONERS 10.A. Request for reconsideration of Item 10H from the March 12,2013 BCC meeting Pg.20-39 titled: Recommendation that the Board of County Commissioners direct staff to prepare solicitations for the post of County Medical Director and Deputy County Medical Director;that the positions of County Medical Director and Deputy County Medical Director be posted to accept applications by April 1,2013;further,that staff bring back the slate of all applications received for the board's review and consideration by the first board meeting in May,2013. The solicitation for the position of County Medical Director shall provide that the applicant shall not be affiliated directly,nor indirectly with any local hospital. The County Medical Director approves the county's emergency service protocols and as such all conflicts of interest in appearance and in fact must be avoided for ethical and legal reasons. (Commissioner Coyle) 10.B. Appointment of member to the Pelican Bay Services Division Board. Pg.40-47 10.C. Appointment of member to the Affordable Housing Advisory Committee. Pg.48-57 10.D. Appointment of member to the Collier County Public Safety Authority. Pg.58-71 11. COUNTY MANAGER'S REPORT 11.A. Recommendation to award bid number 13-6040,"Doral Circle Water,Wastewater, Pg.72- 192 and Stormwater System Replacement,"in the amount of$2,368,450 to Denco Construction Inc.,for the rehabilitation of the potable water,sanitary sewer,and stormwater management systems serving the Doral Circle Subdivision,Project No. 71010,Project No.70046,Project No.70043,and Project No.60125. (George Yilmaz, Public Utilities Administrator) 11.B. Recommendation to direct staff to advertise and bring to the Board a proposed Pg. 193-211 ordinance providing for an additional homestead exemption for certain qualifying senior citizens pursuant to passage of Florida Constitutional Amendment 11 on November 6,2012. (Mark Isackson,Corporate Financial and Management Services Director) 11.C. Recommendation to approve the position description,salary range and employment Pg.212-231 agreement for the Collier County Hearing Examiner. (Len Price,Administrative Services Administrator) 11.D. Recommendation to authorize the conversion of twelve permitting and inspection Pg.232-260 job bank positions to full time equivalent positions for Fund 113,five plan review and inspection job bank positions to full time equivalent positions for Fund 131,and one new full time equivalent position for Fund 113.(Nick Casalanguida,Growth Management Administrator) 11.E. Recommendation to accept a priority listing,installation schedule and project Pg.261-296 budget for emergency vehicle pre-emption and confirmation beacons on the Collier County traffic signal system. (Nick Casalanguida,Growth Management Administrator) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 13.A. This item to be heard at 11:30 a.m. Presentation by the Clerk of the Circuit Court's Pg.297-298 Office regarding Audit Report 2013-1 Parks and Recreation Freedom Park Cash Review. 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 14.A. AIRPORT 14.A.1. Recommendation that the Board of County Commissioners,acting as the Pg.299-336 Collier County Airport Authority,review options,consider planning and business structures,and prepare to provide direction regarding the improvement of management and development of the real estate assets associated with the Collier County Airports,and especially the Immokalee Airport Planned Unit Development. Options to consider should include,but not be limited to,maintaining the existing Airport Authority/Executive Director Structure,engaging a professional Real Estate Consultant,contract Real Estate Management,Long-term lease of real estate(Public-Developer Partnership),sale of real estate(Full Privatization)and/or any combination thereof. (Commissioner Nance) 14.B. 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. 16.A. GROWTH MANAGEMENT DIVISION 16.A.1. Recommendation to adopt a resolution accepting dedications in the plat of Pg.337-343 Brooks Village as recorded in Plat Book 49,pages 27 and 28. (Collier Boulevard Project No.68056.) Estimated fiscal impact:$540 per annum. 16.A.2. Recommendation to award contracts to Stewart Title Company and Pg.344-380 American Government Services Corporation under Bid# 13-6043,"Real Estate Title&Closing Services." 16.A.3. Recommendation to approve for recording the final plat of Watercourse at Pg.381-388 Talis Park,(Application Number PL20120002768). 16.A.4. Recommendation to approve for recording the final plat of Sabal Bay Pg.389-405 Commercial Plat-Phase Four,AR-13453,approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16.A.5. Recommendation to ratify and approve a Stipulated Final Judgment as to Pg.406-422 Parcel 124FEE as part of the US-41/Collier Boulevard Intersection Improvement project(Project No.60116).Fiscal Impact: $39,000 16.A.6. Recommendation to approve an Easement Agreement for the acquisition of a Pg.423 -443 Drainage Easement(Parcel No.271 DE)which is required for the construction of the Haldeman Creek and Crown Pointe Weirs segment of the Lely Area Stormwater Improvement Project(Project No.51101). Estimated Fiscal Impact:$14,130. 16.A.7. Recommendation to approve the release of lien in the amount of$10,869.48 Pg.444-447 for payment of$1,569.48,in the Code Enforcement Action entitled Board of County Commissioners vs.Eleanor D.Vander Meiden,Code Enforcement Case Number CEPM20120003507,relating to property located at 346 Edgemere Way N,Collier County,Florida. 16.A.8. Recommendation to approve the release of lien in the amount of Pg.448-451 $454,970.39 for payment of$44,570.39,in the Code Enforcement Action entitled Board of County Commissioners vs.Elinord Pierre,Code Enforcement Case Number 2006050703,relating to property located at 186 3rd Street,Collier County,Florida. 16.A.9. Recommendation to approve the release of lien in the amount of$60,803.15 Pg.452-455 for payment of$6,753.15,in the Code Enforcement Action entitled Board of County Commissioners vs.Primitivo Lara,Code Enforcement Case Number CEPM20090000375,relating to property located at 5020 27th Place SW, Collier County,Florida. 16.A.10. Recommendation to approve final acceptance of the water utility facility for Pg.456-475 North Collier Regional Park Children's Museum PL 20110000902,and WalMart Store Expansion PL 20110001308 and to authorize the County Manager,or his designee,to release the Utility Performance Security Bond (UPS)in the total amount of$4,441.71 and the Final Obligation Bond in the total amount of$8,000 to the Project Engineer or the Developer's designated agent. 16.A.11. Recommendation to award Bid#13-6034"Naples Manor Sidewalk Pg.476-803 Improvements"for construction of sidewalk improvements on Floridan Avenue,Georgia Avenue,Hardee Street,and Jennings Street to Owen-Ames- Kimball Company in the amount of$730,996.08. 16.A.12. Recommendation to receive and approve the Collier County Floodplain Pg.804-818 Management Plan 2012 Progress Report. 16.A.13. Recommendation to approve and authorize the Chairwoman to sign a Pg.819-838 Collier County Landscape Maintenance Agreement between Collier County and the Strand Master Property Owners Association for a landscape planting buffer along Veterans Memorial Boulevard and reduce the permitting fees from$2,000 for a commercial large residential development to$200 for a residential landscaping site. 16.A.14. Recommendation to accept a traffic signal study report on the intersection Pg.839-860 of Lake Trafford Road(CR 890)and N 19th Street in the unincorporated town of Immokalee and approve the programming of an intersection improvement and traffic signal installation at this intersection. (Project Nos.60172 and 60016) 16.A.15. Recommendation to award Contract No.13-6052 Coronado Canal and Gator Pg.861- Slough Canal Bridge Repairs to CSJ of SW Florida,Inc.in the amount of 1017 $460,261.95,Project No.66066. 16.A.16. This item continued from the March 26,2013 BCC Meeting. Recommendation Pg.1018- to approve and authorize the Chairwoman to execute a Promotional Fund 1044 Private Grant Agreement in the amount of$500,000 for the County's artificial reef program,accept donated professional services from Turrell, Hall and Associates Inc.,and approve any necessary budget amendments. 16.B. COMMUNITY REDEVELOPMENT AGENCY 16.B.1. Recommendation that the Board of County Commissioners(BCC)acting in its Pg.1045- capacity as the Community Redevelopment Agency(CRA)Board approve a 1047 budget amendment to the Collier County Community Redevelopment Agency -Immokalee(CRA)Fund(186)budget that reestablishes funding for the CRA's Commercial Facade Improvement Grant Program. 16.C. PUBLIC UTILITIES DIVISION 16.C.1. Recommendation to direct the County Manager or his designee to advertise Pg. 1048- an ordinance repealing and replacing the Collier County Reclaimed Water 1109 System Ordinance,Ordinance No.98-37,as amended. 16.C.2. Recommendation to direct the County Manager or his designee to advertise Pg.1110- an ordinance amending Ordinance No.2001-73,the Collier County Water- 1159 Sewer District Uniform Billing,Operating,and Regulatory Standards Ordinance. 16.D. PUBLIC SERVICES DIVISION 16.D.1. Recommendation to approve a substantial amendment for the FY2011-2012 Pg.1160- Collier County U.S.Department of Housing and Urban Development(HUD) 1163 Action Plan amending Empowerment Alliance of SW Florida Homebuyer Education's project description to remove reference to a funding source not intended to be included. 16.D.2. Recommendation to approve a substantial amendment to the FY2011-2012 Pg.1164- and FY2012-2013 Action Plan for repayment of U.S.Department of Housing 1169 and Urban Development(HUD) HOME Initiative Partnership(HOME)funds for Activity#195 Cirrus Pointe(FY2005-2006),and authorize necessary budget amendments. 16.D.3. Recommendation to approve seven(7)mortgage satisfactions for State Pg.1170- Housing Initatives Partnership(SHIP)loan in the amount of$51,610. 1193 16.D.4. Recommendation to approve two(2)mortgage satisfactions for State Pg.1194- Housing Initiatives Partnership Program(SHIP)in accordance with the 1203 Board's Short Sale Policy,in the amount of$2,868.60. 16.D.5. Recommendation to approve a substantial amendment for the FY2012-2013 Pg. 1204- Collier County U.S.Department of Housing and Urban Development(HUD) 1207 Action Plan amending the Youth Haven Safe and Secure Home for Collier Youth Program. 16.D.6. Recommendation to approve the electronic submittal of Senior Corps Pg. 1208- Retired and Senior Volunteer Program(RSVP)application for FY13-14 grant 1240 funds in the amount of$54,522 with a required match of$23,367 to the Corporation for National and Community Service,for the continuation of the Collier County sponsored RSVP program,and authorize the necessary budget amendments. 16.D.7. Recommendation to award RFP#13-6014 Vanderbilt Beach Concession and Pg.1241- authorize the Chairwoman to sign a contract with Day-Star Unlimited,Inc. 1257 d/b/a Cabana Dan's. 16.D.8. Recommendation to accept the staff report regarding actions taken to Pg. 1258- enhance Payroll Time Controls within the Parks and Recreation Department. 1264 16.D.9. Recommendation to approve proposed changes that would repeal and Pg. 1265- replace the Animal Control Ordinance(Ordinance No.2008-51,as amended) 1296 and direct the County Manager or his designee to advertise ordinance changes to be approved by the Board at a future meeting. 16.E. ADMINISTRATIVE SERVICES DIVISION 16.E.1. Recommendation to reject Invitation to Bid(ITB)#13-6027 for Pest Control Pg.1297- Services. 1333 16.E.2. Recommendation to accept a Federal Emergency Management Agency Pg. 1334- Assistance to Firefighter's Grant Award in the amount of$82,669 with a local 1343 match of$4,351 for a total project cost of$87,020 to purchase new mobile and portable radios for the Ochopee Fire Control District. 16.E.3. Recommendation to adopt a resolution authorizing the cancellation of 2013 Pg. 1344- taxes upon a fee-simple interest Collier County acquired by Personal 1348 Representative's Deed for Conservation Collier and without monetary compensation. 16.E.4. Recommendation to accept reports and ratify staff-approved change orders Pg.1349- and changes to work orders. 1392 16.F. COUNTY MANAGER OPERATIONS 16.F.1. Recommendation to adopt a resolution approving amendments Pg.1393- (appropriating grants,donations,contributions or insurance proceeds)to 1396 the Fiscal Year 2012-13 Adopted Budget. 16.G. AIRPORT AUTHORITY 16.G.1. Recommendation to approve the attached Travel Request in the amount of Pg. 1397- $1,358 for the Airport Authority Executive to attend the Florida Airports 1410 Council Annual Conference and Exposition in Orlando,Florida. 16.H. BOARD OF COUNTY COMMISSIONERS 16.H.1. Advisory Board vacancies April 1-12,2013. Pg.1411- 1416 16.H.2. Commissioner Fiala requests Board approval for reimbursement regarding Pg.1417- attendance at a function serving a Valid Public Purpose. Attended the East 1419 Naples Civic Association Luncheon on March 21,2013.The sum of$18 to be paid from Commissioner Fiala's travel budget. 16.H.3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1420- attendance at a function serving a Valid Public Purpose. Attended the Naples 1422 Press Club Luncheon on March 28,2013.The sum of$23 to be paid from Commissioner Fiala's travel budget. 16.I. MISCELLANEOUS CORRESPONDENCE 16.I.1. Miscellaneous correspondence to file with action as directed.Document(s) Pg.1423- have been routed to Commissioners per their request and are available for 1424 review in the BCC Office until approval. 16.I.2. Advisory Board minutes to file with action as directed.Document(s)have Pg. 1425- been routed to Commissioners per their request and are available for review 1427 in the BCC Office until approval. 16.J. OTHER CONSTITUTIONAL OFFICERS 16.J.1. To obtain Board approval for disbursements for the period of March 14,2013 Pg. 1428- through March 20,2013 and for submission into the official records of the 1441 Board. 16.J.2. To obtain Board approval for disbursements for the period of March 21,2013 Pg.1442- through March 27,2013 and for submission into the official records of the 1458 Board. 16.J.3. Recommendation to approve the use of$25,000 from the Confiscated Trust Pg.1459- Funds to support the Collier 211 Campaign. 1466 16.K. COUNTY ATTORNEY 16.K.1. Recommendation to approve a Mediated Settlement Agreement with the Pg. 1467- business owner for West Stores,Inc.,and L&R Ram,LLC,and a Stipulated 1472 Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding$110,000 which resolves all claims for Parcels 162DE and 162TCE in the lawsuit styled Collier County v. Max Cap,Inc.,et al.,Case No.12-CA-1749-CA;Parcels 166DE and 166TCE in the lawsuit styled Collier County v.Holistic Health Healing,Inc.,et al.,Case No.12-CA-1756-CA and Parcels 157DE and 157TCE in Collier County v.L&R Ram,LLC,et al.,Case No.12-CA-1828-CA(US 41 Ditch/Naples Manor Canal/LASIP Project#51101) (Fiscal Impact:$93,970). 16.K.2. Recommendation to approve a Stipulated Final Judgment for complete and Pg. 1473- final settlement as to Parcels 174DE and 176DE,in the combined amount of 1481 $67,679.50,in the lawsuit styled Collier County v.RJJ,LLP et al.,Case No.12- CA-1933 (US 41 Ditch/Naples Manor Canal/LASIP Project No.51101) (Fiscal Impact$33,479.50). 16.K.3. Recommendation to approve and authorize the Chairwoman to execute a Pg. 1482- Settlement Agreement and Release in the lawsuit entitled John E.Chandler v. 1488 Collier County,filed in the Twentieth Judicial Circuit in and for Collier County,Florida(Case No.13-644-CA)for the sum of$1,474.50. 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. 17.A. Recommendation to approve a resolution designating the Close-Out of twelve(12) Pg.1489- adopted Planned Unit Developments(PUDs)which have fully completed 1502 development pursuant to their development orders constructing up to the authorized density and/or intensity and have been found by county staff to be compliant with their specific developer commitments. 17.B. Recommendation to approve a resolution designating the Close-Out of three(3) Pg.1503- adopted Planned Unit Developments(PUDs)which have fully completed all or 1512 portions of their development and have constructed up to the authorized density and/or intensity,and have been found by county staff to have only one relevant transportation commitment remaining. 17.C. This item requires that ex parte disclosure be provided by Commission members. Pg. 1513- Should a hearing be held on this item,all participants are required to be sworn in. 1661 Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County,Florida,amending Ordinance Number 03-54,as amended,the Royal Palm International Academy Planned Unit Development(PUD);by reducing the size of the school campus from 50 to 11 acres;by moving the permanent campus to the east side of Livingston Road;by reducing the student population from 1,250 to 500 students;by reducing the campus building height to 50 feet;by amending the Master Plan;by deleting the Surface Water Management Plan;by adding deviations and revising and deleting developer commitments. The property is located on Livingston Road in Section 13,Township 48 South,Range 25 East,Collier County, Florida consisting of 163±acres;and by providing an effective date.[PUDA- PL20120001225] 17.D. This item continued from the March 12,2013 BCC meeting then continued to the April Pg.1662- 23,2013 BCC meeting.This item requires that ex parte disclosure be provided by 1662 Commission members.Should a hearing be held on this item,all participants are required to be sworn in.Recommendation to approve Petition VAC- PL20120002564,to disclaim,renounce and vacate the County and the Public interest in a portion of the Upland Recreational Open Space Easement(U.R.O.S), being a part of Tract"S"of Embassy Woods Golf and Country Club at Bretonne Park, Phase One,Plat Book 17,pages 47 through 49 of the Public Records of Collier County,Florida,being a part of Section 5,Township 50 South,Range 26 East,Collier County,Florida,more specifically shown in Exhibit A and to approve the Grant of Easement to replace the vacated U.R.O.S.easement. 17.E. Recommendation to adopt a single consolidated ordinance establishing the Collier Pg. 1663- County SHIP Local Housing Assistance Program for consideration by the Board at a 1672 future meeting,that repeals the State Housing Initiatives Partnership(SHIP) Program Ordinance(Ordinance No.93-19,as amended)and the Affordable Housing Advisory Committee Ordinance(Ordinance No.91-65,as amended). 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383.