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Agenda 01/13/2009 Item #16G 1A=genda ;tam fro. 16G1 vanuary 13, 2009 Page 1 of 6 EXECUTIVE SUMMARY For the CRA Board to correct a scrivener's error on the July 25, 2006 Agenda Item 14B executive summary from $10,147 to $10,197 and to approve the return of a pro -rata share of collected private donations to those who contributed to the Hallendale Subdivision road paving project based on the corrected amount of $10,197.00 OBJECTIVE: To correct a scrivener's error on the July 25, 2006 Agenda Item 14B executive summary from $10,147 to $10,197 and to approve the return of a pro -rata share of collected private donations to those who contributed to the Hallendale Subdivision road paving project based on the corrected amount of $10,197.00. CONSIDERATIONS: On the July 25, 2006 BCC/CRA agenda, the CRA Board approved Item 14B to return a pro -rata share of $10,147.00 of private donations collected by the CRA to clear road right of way for a road paving project in the Hallendale Subdivision (Exhibit A — BCC Minutes). During a request by CRA staff to issue repayment of $10,147.00, the Clerk's Finance Department noted that there was a $50.00 discrepancy between the CRA Board's approved amount and the $10,197.00 that remained. In the executive summary (Exhibit B), the correct amount of collected funds to be returned should have read $10,197.00. This executive summary is a request for the CRA Board to recognize a scrivener's in the July 25, 2006 executive summary, and that the amount of privately collected funds to be returned is $ I0,197.00. FISCAL IMPACT: No CRA TIF will be used in this action. The Bayshore Gateway Triangle CRA collected $41,400.00 in private donations to improve the three street's right of ways. The right of way maintenance paid from the private donations account was $31,203.00 and $10,197.00 remains to be returned to those who contributed to the project. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's Office, is not quasi - judicial, requires no ex parse disclosure, and requires only a simple majority vote for approval, and is otherwise legally sufficient for Board action. (MMSS) RECOMMENDATION: That the Collier County CRA Board correct a scrivener's error on the July 25, 2006 Agenda Item 14B executive summary from $10,147 to $10,197 and to approve the return of a pro -rata share of collected private donations to those who contributed to the Hallendale Subdivision road paving project based on the corrected amount of $10,197.00. Prepared by: David L. Jackson on December 22, 2008 Executive Director, Bayshore /Gateway Triangle Community Redevelopment Agency Page I of I Agenda !tern No. 1661 January 13, 2009 Page 2 of 6 fi le: / /C:AAeendaTest \Export\ 121- January %201 3.%202009\1 6.%20C0N SENT0//020AGEN DA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16G1 Item Summary: For the CRA Board to correct a scriveners error on the July 25. 2006, Agenda Item 146 executive summary from $10.147 to $10,197 and to approve the return of a pro -rata share of collected private donations to those who contributed to the Hallandale Subdivision road paving project based on the corrected amount of $10,197.00. Meeting Date: 1/13 %2009 9:00.00 AM Prepared By David Jackson Executive Director Date Community Redevelopment Agency Bayshore- Gateway Redevelopment 1212212008 2:50:25 PM Approved By David Jackson Executive Director Date Community Redevelopment Agency Bayshore- Gateway Redevelopment 12122,12008 2:50 PM Approved By Mark lsackson Budget Analyst Date County Manager's Office Office of Management & Budget 12/2372008 9:51 AM .Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 1212312008 6:16 PM fi le: / /C:AAeendaTest \Export\ 121- January %201 3.%202009\1 6.%20C0N SENT0//020AGEN DA \... 1/7/2009 F.geacia I`em No, 1661 .ia ,uary 13, 2009 EXHIBIT A July 15P2006 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida. July 25, 2006 Item 414B APPROVAL OF CONTRACTORWORX, INC. RIGHT OF WAY IMPROVEMENT CONTRACT, AFTER THE FACT, TO PREPARE THREE HALLENDALE SUBDIVISION STREETS AND RIGHT OF WAYS FOR A BAYSHORE GATEWAY TRIANGLE CRA FUNDED COLD -MIX PAVING PROJECT; APPROVE A BUDGET AMENDMENT TO ACCEPT PRIVATE DONATIONS; APPROVE PAYMENT FROM PRIVATE DONATIONS TO CONTRACTORWORX, INC. FOR WORK COMPLETED: AND RETURN A PRO -RATA SHARE OF THE REMAINING $10,147.00 IN PRIVATE DONATIONS TO THOSE WHO CONTRIBUTED TO THE PROJECT — APPROVED MR. MUDD: 14B, it's a recommendation to approve Contractor Works, Inc., right -of -way improvement contract after the fact to prepare three Hallendale subdivision streets and rights -of -way for Bayshorc,Gateaay Triangle CRA funded cold -mix paving project, approve a budget amendment to accept private donations, approve payment from private donations to Contractor Works, Inc., for work completed, and return a prorated share of the remaining $10,147 in private donations to those who contributed to the project. And again, Mr. David Jackson, your Director of your CRA, will present. n4R. JACKSON: Good afternoon again. The background. in March and April of this year we had meetings as the CRA in which we approved the CRA to pay for a sole source connector to pave the dirt roads or limerock roads within the CRA boundaries, and that has been accomplished. As part of that though, the residents in the Hallendale subdivision, which is the south end of Bayshore Drive -- there's three streets. Each one is about a quarter mile long, and they were rather rural in nature in that there was a lot of growth on the sides that were moving in on the right -of -way and getting close to the road. The people look it upon themselves to donate money out of their pocket and pay for the cleaning and grubbing of the right -of ..vay so that the } %d have a better street and that the Tong -tern success of the paving project would be ensured. They collected that money. They didn't have an — they do not have a homeowners' association. They asked if I could be the holder of those funds and that they would select their own contractor to do the work. They went out and found their contractor, got three quotes. selected their contractor. collected the funds. and I accepted the money in check form per lot, and that was deposited into the CRA funds. What we need here today is to recognize those private contributions as revenue, to recognize that that revenue which is private money. would pay for their private connactorae detailed in the enclosures here, and then to return prorate shares by contributor that money back to them, so it ends up being a zero sum gain for the CRA. No tax monis were spent or v: ill be allocated !--,her portion of it. It's merely an acknorvledgcment. It came in, pay this gentleman, and refund the money back and it will be a zero sum game. So we're asking for permission to do that after the fact. CHAIRMAN FIALA: Okay. Commissioner Ilalas? COMMISSIONER HALAS: Yeah. rve got some real problems with this. It borders on the gray area, because I believe that to do business right, evep4hing has to be in the sunshine, and I think that this had to be brought before the board before you made that decision on your own. I look at this as like, Lel's Make a Deal with Montv Hall, and 1 don't think that's the correct way to proceed on issues like this. So I would hope that if we decide to pay this off. that this won't happen again, because we've worked very hard to make sure that everything that this board does is done aboveboard, and this her borders on areas that I think that your authority kind of -- you superseded your authority on what we really expect out of the CRA. So 1 hope you understand where we stand on this. MR. JACKSON: That was acknowledged in the last paragraph in my consideration at the top of the second page of the executive summary, sir. CGMMISSI )IN E.R III %L Okay. Ijust v, am to make sure that v,c under stand that. MR. JACKSON: Yes. sir. COMMISSIONERHALAS: Okay. Mr. Coletta. COMMISSIONER COLE "r'rA: 1,cah..And if 1 ma '. ,vL-at he's referring to. 1 bclicde. is q�pically -- the second page there -- typically a purchase of this magnitude would have been procured through formal competition. Of course. that wasn't done. But then also too, the further statement is that all future initiatives of this nature will he coordinated through the purchase Page 1 Agenda Item No. 16G1 January 13, 2009 EXHIBIT A July 2592006 department, and that's important, very, very important Now, I'm not going to belabor this too long, but we don't need criticism brought down on the CRA or the commission. You know, it's a momentary lapse, I think, of what was supposed to take place. But in the future, stay with the procedure and we won't have any problems. I'm going to vote for this but I still think that we're reaching the end, but through the back door. I still think we went about it the wrong way, but to vote against it would be counterproductive after it's been done. I think you've been duly admonished by this commission for this oversight and that we won't see anything quite like this happen again in the future. MR. JACKSON: Yes, sir. COMMISSIONER HALAS: I hope not. COMMISSIONER HENNING: Or from the govemment. COMMISSIONER COLETTA: Or from the government CHAIRMAN FIALA: Do we have a motion'? COMMISSIONER HENNING: Motion to approve. COMMISSIONER COYLE: Motion to approve. COMMISSIONER COLETTA: Second. CHAIRMAN FIALA: Okay. I have a motion to approve from Commissioner Henning, a second by Commissioner Coyle. Any further discussion? (No response.) CHAIRMAN FIALA: Any all those in favor, signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Ave. CHAIRMAN FIALA: Aye. COMMISSIONER HALAS: Aye. COMMISSIONER HENNING: Aye. CHAIR.TVIAN FIALA: Opposed, like sign? (No response.) CHAIRMAN FIALA: Thank you very much, David. MR. JACKSON: That's all the CRA items we have today. CHAIRMAN FIALA: Okay. Very good. CRA Board Meeting is closed. I'll pass this gavel back to our chairman, Commissioner Halas. CHAIRMAN HALAS: The Board of County Commissioners is now reconvened. Page 2 y rda Item No. 16x'1 ant awy 13, 2009 EXHIBIT B Page 5 of 6 EXECUTIVE SUMMARY To approve Contractorworx, Inc. right of way improvement contract, after the fact, to prepare three Hallendale Subdivision streets and right of ways for a Bayshore Gateway Triangle CRA funded cold -mix paving project; approve a budget amendment to accept private donations; approve payment from private donations to Contractorworx, Inc. for work completed; and return a pro -rata share of the remaining $10,147.00 in private donations to those who contributed to the project OBJECTIVE: To approve Contractorworx, Inc. right of way improvement contract, after the fact, to prepare three Hallendale Subdivision streets and right of ways for a Bayshore Gateway Triangle CRA funded cold -mix paving project; approve a budget amendment to accept private donations; approve payment from private donations to Contractorworx, Inc. for work completed; and return a pro -rata share of the remaining $10,147.00 in private donations to those who contributed to the project. BACKGROUND: On March 7, 2006 and April 4, 2006, the Local Advisory Board unanimously agreed to recommend to the CRA Board to approve and fund from the CRA Trust Fund a contract with Florida Highway Products to pave lime rock streets within the CRA boundary. On May 9, 2006, the CPA Board approved a sole source contract to Florida Highway Products, a paving company, to do a paving demonstration project of a product that the County Transportation was interested in testing. Lime rock public streets not accepted by the County within the CRA boundary were volunteered for the project with the CRA paying for the paving product installation with CRA Trust Funds (as allowed by CRA Master Plan). CONSIDERATIONS: The CRA Executive Director contacted the property owners abutting these streets to determine if there was a majority of owners desiring and agreeing to have their streets paved with this product. The written vote count on each street has greater than 50% + 1 votes agreeing to pave. The property owners on three streets in the Hallendale Subdivision (Woodside Ave, Pine Tree Drive, Andrews Ave) volunteered to collect private funds to improve their street's right of ways and pay their selected contractor to enhance the street and facilitate the paving company's equipment ingress to the heavily wooded area. They acquired three written quotes and selected Contractorworx, Inc. The property owners did not have a community association to retain the funds to pay their contractor. They contacted the CRA and asked if the funds could be submitted to and paid from a CRA account through the regular County /Clerk system. An inquiry to the Budget Office was in the affirmative. 541,350 in funds were collected and deposited. During the course of work there was concern about the contractor potentially encroaching on private land outside of the street right of way. A change order was submitted to complete a right of way boundary survey of the three streets. A second change order was authorized for limerock to fill holes created from removed trees, vegetation and stumps. Under the advisement of the paving company to ensure a quality installation, a third change order was authorized for two additional truck loads of limerock to provide a sufficient base on two streets that had low spots. EXHIBIT B Agenda Item No. 16G1 January 13, 2009 Page 6 of 6 Subsequent to the collection of the donations and the hiring of the contractor, the property owners and the Executive Director learned that expenditures of these funds were subject to the County's purchasing policy. Typically, a purchase of this magnitude would have been procured through formal competition. All future initiatives of this nature will be coordinated through the Purchasing Department. FISCAL IMPACT: The Bayshore Gateway Triangle CRA funded $40,000 from the Tax Increment Trust Fund to pay Florida Highway Products to pave the three streets in Hallendale Subdivision, and collected 541,350 in private donations to improve the three street's right of ways. The right of way maintenance will be paid from the private donations account. No CRA TIF will be expended on this contract. GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative land use plans, modifications to development standards, improvements to infrastructure and incentives to encourage redevelopment. RECOMMENDATION: That the Collier County CRA Board approve Contraetorworx, Inc. right of way improvement contract, after the fact, to prepare three Hallendale Subdivision streets and right of ways for cold -mix paving project; approve a budget amendment to accept $41,350 in private donations; approve payment to Contractorworx, Inc from the private donations in the amount of $31,203.00 for work completed; and return a pro -rata share of the remaining $10,147.00 in private donations to those who contributed to the project. Prepared by: David L. Jackson on July 12, 2006 Executive Director Bayshore /Gateway Triangle Community Redevelopment Agency Agenda Item No. 16H1 January 13, 2009 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function /event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99 -410, the Board of County Commissioners has determined that attendance at the functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic association/organizations serves a valid public purpose, provided that said functions reasonably relate to Collier County matters. James N. Coletta, Jr. EDC Pre - Legislative Luncheon PUBLIC PURPOSE: Meet and interact with local business and community leaders. I DATE OF FUNCTION /EVENT: 12/10/08 FISCAL IMPACT: 540.00 to be paid from Commissioner Coletta's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99 -410, approve payment by the Clerk for Commissioner Tim Coletta to attend a function serving a valid public purpose. PREPARED BY: Lisa Resnick. Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: January ] 3, 2009 Page 1 of 1 Agenda Item fro. 16H1 January 13, 2009 Page 2 of 3 tile: / /C:AAL,endaTest \Exhort\121- Januarvei/02013, %202009 \I6.° /r20C0NSEN o,o20AGENDA \... 1/7/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16H1 Item Summary: Commissioner Coletta requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Coletta attended the EDC Pre - Legislative Luncheon at the Naples Sailing and Yacht Club on December 10, 2008. $40 to be paid from Commissioner Coletta's travel budget. Meeting Date: 1/13/2009 9 00 00 AM Prepared By Lisa Resnick Executive Aide to the BCC Date Board of County Commissioners BCC Office 12/22,2008 4:16:08 PM Approved By Sue Filson Executive Manager to the BCC Date Board of County Commissioners BCC Office 12!23!20088:13 AM .Approved By John A. Yonkosky Director of the Office of Management Date County Manager's Office Office of Management & Budget 12!23,'2008 10.20 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager's Office 12123.'2008 11:41 AM tile: / /C:AAL,endaTest \Exhort\121- Januarvei/02013, %202009 \I6.° /r20C0NSEN o,o20AGENDA \... 1/7/2009