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Agenda 06/08/2010 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) al."'l\ I 1'1- ~ , />i'5 ,. ..t"'~ ()I, .\C~ AGENDA June 8, 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 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 eBJ..QB. 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 W1TH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Smith - New Hope Ministries 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. May 11, 2010 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Robert DeCamp, Parks and Recreation 2. Daniel Rodriguez, Solid Waste 3. Glenda Smith, Growth Management Planning and Regulation B. 30 Year Attendees 1. Ron Jamro, Museum C. 35 Year Attendees 1. Murdo Smith, Parks and Recreation 4. PROCLAMATIONS 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. 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. C. Proclamation designating June 19, 2010 as World Refugee Day. To be accepted by Armando Galella, Director, Catholic Charities District 3 and Sharon Kirkpatrick, Education Director, Catholic Charities of Collier County. Sponsored by Commissioner Coletta. 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) 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) C. Appointment of member to the Ochopee Fire Control District Advisory Committee. D. Appointment of members to the Hispanic Affairs Advisory Board. 10. COUNTY MANAGER'S REPORT A. Recommendation to accept staff's two year report and recommendations regarding the County's local vendor preference policy. (Steve Carnell, Purchasing Director) 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) 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 Wellfield Pipeline Repair Project, project number 70030. (Jim DeLony, Public Utilities Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. A report in response to the Boards 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. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR 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. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve final acceptance of the water utility facility for Cameron Commons. 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. 3. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of 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 hearing be held on this item, all participants are required to be sworn in. This is a recommendation to approve for recording the final plat of Ave Maria Unit 11, Del Webb at Ave Maria, Parcels 106,110,112,113 & 115. 5. Recommendation to award Bid #10-5424, 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. 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. 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. 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 Administrations 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) 10. Recommendation to approve and execute the 2010/2011 Transportation Disadvantaged Trip & Equipment Grant Agreement FM # 20724618401/20724638401 and a Resolution authorizing its Chairman to execute the agreement for a total project cost of $652,703. 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.) 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 09/10 available grant funds. 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 FY10 Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County Landfill. 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 Seniors program. Total fiscal impact $14,175.09. 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. 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. 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 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. 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. 6. Recommendation to approve and authorize 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. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $75,576.30. 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. 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 years rent income of $40,000. 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. 10. Recommendation to approve a Second Amendment to Lease Agreement with Naples Zoo, Inc. to modify the lease boundaries recognizing a land swap which changes the lease property from 43.52 to 44.1 acres plus/minus. E. ADMINISTRATIVE SERVICES 1. Recommendation for award of RFP# 10-5477 Arbitrage Rebate Requirements for Collier County to PFM Asset Management LLC in an estimated annual amount of $50,000. 2. Recommendation to authorize a budget amendment to recognize and appropriate an insurance refund in the amount of $77,900. (Project 52525) 3. Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. F. COUNTY MANAGER OPERATIONS 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. 3. Recommendation to approve Collier Countys participation in the Florida Department of Revenues tax amnesty program for Local Option Tourist Development Tax Collection. 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. 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. 3. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. 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. 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. 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. 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. 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. 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 Assistance FY10 Human Trafficking Task Force continuation grant, authorize the electronic submission of the application, accept the grant when awarded, and approve associated budget amendments. 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, Sheriff's office staff as grant financial and program managers, approve the grant application when completed, and authorize acceptance of awards and associated budget amendments. 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. 2. Recommendation to approve a Stipulated Final Judgment in the amount of $130,000 for Parcel 804 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et aI., Case No. 07 -5038-CA (Lely Area Stormwater Improvement Project No. 51101.1) (Fiscal Impact $74,250) 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. 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 aI., Case No. 07-4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $152,874.13). 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 of HB 325, which established statewide legislation regulating red light cameras, known as the Mark Wandall Traffic Safety Act. 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. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.