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Agenda 04/24/2012 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 1, _1 LA AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 24, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice - Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 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 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 RM 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Smith - New Hope Ministries Pg. 1- 1 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. March 27, 2012 - BCC /Regular Meeting SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing members of the 856th Quartermaster Support Company, Pg. 2 - 3 260th Military Intelligence Battalion (L), 50th Regional Support Group of the Florida Army National Guard deploying to Afghanistan. To be accepted by Captain Garcia, Commander and First Sergeant Caballo. Sponsored by Commissioner Coletta. B. Proclamation recognizing the Greater Naples Branch of the American Association of Pg. 4 - 5 University Women (AAUW) Charitable Foundation, Inc. 2012 Women of Achievement: Pat Carroll, Sharon Hood, Franny Kain, Rebecca Newell, Vi Steffan, Cloe Waterfield, Christine Wheeler and Irene Williams. To be accepted by Vi Steffan, honoree and AAUW Board Member. Sponsored by Commissioner Hiller. C. Proclamation designating April 2012 as Drowning Prevention Month in Collier Pg. 6 - 7 County. To be accepted by Paula DiGrigoli, Executive Director, Safe & Healthy Children's Coalition of Collier County. Sponsored by Commissioner Coyle. D. Proclamation designating April 22-28,2012 as Crime Victim's Rights Week in Collier Pg. 8 - 9 County. To be accepted by the Collier County Sheriff s Office, the State Attorney's Office, Project Help, Inc., and representatives from the Shelter for Abused Women and Children. Sponsored by the Board of County Commissioners. E. Proclamation recognizing and congratulating NCH North Naples Hospital on receiving Pg. 10 - 11 the WRAP award for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Michele Thoman, Chief Operating Officer; Hill Madere, EVS Manager; and Brian P. Doyle, LEED GA, Engineering Mechanic. Sponsored by Commissioner Hiller. F. 'Proclamation recognizing the mission of the American Cancer Society's Immokalee Pg. 12 - 13 Relay for Life and designating April 27th and 28th as Relay for Life Days in Immokalee. To be accepted by Melissa Kahn, American Cancer Society. Sponsored by Commissioner Coletta. G. Proclamation recognizing the "Courage to Remember" exhibit at the North Collier Pg. 14 - 15 Regional Park. To be accepted by Barry Williams, Director, Collier County Parks & Recreation; Nancy Olson, Regional Manager, Collier County Park & Recreation; Amy Snyder, Executive Director, Holocaust Museum of Southwest Florida; and Ron Kaplan, Board Member, Holocaust Museum of Southwest Florida. Sponsored by Commissioner Hiller. 5. PRESENTATIONS A. This item to be heard at 1:00 p.m. Immokalee Airport update by the Florida Army Pg. 16 - 16 National Guard 6. PUBLIC PETITIONS 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. A. This item requires that ex parte disclosure be provided by Commission members. Pg. 17 - 90 Should a hearing be held on this item, all participants are required to be sworn in. VA- PL2011 -1410, Wahl Variance - A Resolution of the Board of Zoning Appeals of Collier County, Florida, relating to Petition Number VA- PL20110001410, for a variance from Land Development Code Section 5.03.06.E.5 to permit a reduced side yard (riparian) setback from 15 feet to 9.3 feet on the eastern boundary of the property located at 8 Pelican Street West, Isles of Capri in Section 5, Township 52 South, Range 26 East in Collier County, Florida. ADVERTISED PUBLIC HEARINGS A. Recommendation to approve a Proposed Small -Scale Amendment to the Collier Pg. 91- 177 County Growth Management Plan, Ordinance 89 -05, as Amended, related to the Orange Blossom /Airport Crossroads Commercial Subdistrict, for transmittal to the Florida Department of Economic Opportunity (DEO). [Adoption Hearing] B. Recommendation to approve Proposed Evaluation and Appraisal Report -Based Pg. 178 - 190 Amendments to the Collier County Growth Management Plan, Ordinance 89 -05, as Amended, for transmittal to the Florida Department of Economic Opportunity (DEO) for review and Objections, Recommendations and Comments (ORC) response. [Transmittal Hearing] 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Tourist Development Council. Pg. 191 - 215 B. Advisory Board Vacancies press release April 5, 2012 with a deadline of April 26, Pg. 216 - 219 2012. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. This item continued from the April 10, 2012 BCC Pg. 220 - 246 Meeting. Recommendation to provide direction to resolve the outstanding Quincy Square Homeowners Association discussion topics from the March 27, 2012 meeting, Agenda Item 11F. (George Yilmaz, Public Utilities Administrator) B. Recommendation to approve Neighborhood Stabilization Program Developer Pg. 247 - 340 Agreements with Habitat for Humanity of Collier County, Inc. thereby transferring ownership in real property and providing access to $3,495,749 in federal grant funding. (Kim Grant, Housing, Human and Veteran Services Interim Director) C. Recommendation to approve the Parks and Recreation Department to be a sponsor Pg. 341- 357 and operate the 2012 Summer Food Service Program at designated recreation camps. (Steve Carnell, Interim Public Services Administrator) D. Recommendation to approve the Collier Area Transit (CAT) Paratransit Fare Study Pg. 358 - 528 and a Fare increase of $1 per one -way trip for the Transportation Disadvantaged (TD) and Americans with Disabilities Act (ADA) programs. (Michelle Arnold, Alternative Transportation Modes Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 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. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve final acceptance of the sewer utility facility for Pg. 529 - 534 Liebig Auto Sales, 3301 Westview Drive, and to authorize the County Manager, or his designee, to release the Utility Performance Security to the Project Engineer or the Developer's designated agent. 2. This item requires that ex parte disclosure be provided by Commission Pg. 535 - 551 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 Brighding at Talis Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 3. This item requires that ex parte disclosure be provided by Commission Pg. 552 - 564 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 Fairgrove at Talis Park, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 4. Recommendation to grant final approval of the roadway (private) and drainage Pg. 565 - 572 improvements for the final plat of Sanctuary Pointe at Sterling Oaks with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 5. Recommendation to approve the release of a $46,200 lien for payment of Pg. 573 - 576 $15,881.15, in the Code Enforcement Action entitled Board of County Commissioners vs. Maria D. and Sergio Gomez, Code Enforcement Board Case Number CESD20100003695, relating to property located at 4983 17th Avenue SW, Collier County, Florida. 6. This item requires that ex parte disclosure be provided by Commission Pg. 577 - 589 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with the Isla Del Sol at Fiddler's Creek subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. Recommendation to award Bid #12 -5872, "Purchase and Delivery of Metal and Pg. 590 - 603 Polyethylene Pipe" to Ferguson Enterprises, Inc. for an estimated annual expenditure of $60,000. 8. Recommendation to approve the release of a $91,000 lien for payment of Pg. 604 - 607 $562.56, in the Code Enforcement Action entitled Board of County Commissioners vs. Federal National Mortgage Association, Code Enforcement Special Magistrate Case Number CEPM20110003647, relating to property located at 4973 21st Place SW, Collier County, Florida. 9. Recommendation to approve and accept the assessment of liquidated damages Pg. 608 - 614 to Tectrans /Keolis Transit America in the amount of $5,500 for noncompliance of the Drug and Alcohol program as required by Collier County and the United States Department of Transportation (US DOT) and Federal Transit Administration (FTA) regulations, as defined in Title 49 Code of Federal Regulations (CFR), Parts 40 and 655. 10. Recommendation to approve the partial release of six liens in the Code Pg. 615 - 623 Enforcement actions entitled Board of County Commissioners vs. Jean Cohen (as Trustee), relating to property known as Parcel No. 39440160005, Golden Gate Estates, Collier County, Florida. B. C. 11. Recommendation to approve Change Order #3 and to realize a net cost savings Pg. 624 - 645 of $129,057.75 on Contract No. 10 -5342, Project #60073/60092 for "SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR /CR 951 Intersection Improvements; Collier Boulevard (SR /CR 951) North to Magnolia Pond Drive; and Collier Boulevard (CR 951) North to the Golden Gate Canal ". 12. Recommendation to authorize staff to advertise an amendment to Collier Pg. 646 - 652 County Ordinance No. 2009 -44, The Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) Ordinance, to remove the six -year sunset provision and provide for dissolution of the MSTU upon recommendation by the MSTU Advisory Committee and approval by the Board of County Commissioners. 13. Recommendation to reject ITB No. 12 -5820 to replace White Boulevard Bridge Pg. 653 - 666 #034021 - "Accelerated Bridge Construction Projects: White Boulevard and 23rd Street SW and 23rd St. SW Safety Improvements" and authorize the re- advertisement of the project. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to provide "after- the - fact" approval of the submission of the Pg. 667 - 791 attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking grant funding in the amount of $360,000 to support further implementation of the services provided by the Immokalee Business Development Center (IBDC). PUBLIC UTILITIES DIVISION 1. Recommendation to approve a work order in the amount of $648,324.35 to Pg. 792 - 843 Haskins, Inc., for construction tasks set forth in Request for Quotation 08 -5011- 60, Davis Boulevard from Santa Barbara Boulevard to Radio Road. 2. Recommendation to waive competition and authorize sole source contract Pg. 844 - 884 renewals with GE Intelligent Solutions for an estimated $100,000 and GrayMatter Systems for an estimated $195,000 for existing software licensing for the Public Utilities Division's Supervisory Control and Data Acquisition systems, SCADA Software and Support Renewal Projects 71056 and 72541. 3. Recommendation to approve the Satisfaction and Release of Resolution 09 -52, Pg. 885 - 898 also known as the Payment Plan Agreement and Lien Agreement between Tamiami Square of Naples, LLC and the Collier County Water -Sewer District. 4. Recommendation to authorize a budget amendment of $500,000 to move funds Pg. 899 - 902 from Project No. 70050, Master Pump Station Technical Support Project, to Project No. 73969, South County Water Reclamation Facility Technical Support Project. Recommendation to approve a Donation Agreement with jean Cohen, Trustee, Pg. 903 - 913 and accept the donation, by Warranty Deed, of a 5.3 -acre parcel of land on E. Shady Hollow Boulevard to be used as a future public water supply well site and for associated Public Utilities purposes at a cost not to exceed $1,200. 6. Recommendation to approve a change order under the fixed term engineering Pg. 914 - 932 contract number 09 -5262 to Malcolm Pirnie, Inc., in the amount of $291,746 for support services for the South Reverse Osmosis Wellfield Raw Water Transmission Main Repair, Project 70030, and in the ongoing litigation related to the project, Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10- 6658-CA. PUBLIC SERVICES DIVISION 1. Recommendation to approve reprogramming of Community Development Pg. 933 - 996 Block (CDBG) Grant funds in the amount of $208,223, and to sign two subrecipient agreements providing for a $77,845 CDBG grant to the Housing Development Corporation of SW Florida, Inc. (HDC) for Homebuyer Education and Counseling and a $91,122 CDBG grant to The Shelter for Abused Women & Children, Inc. for their Legal Services Program. The balance of $39,256 of the reprogrammed funding will be held until allocated to another project, at that time the item will be brought before the BCC. Recommendation to approve an amendment to the sub recipient agreement Pg. 997 - 1033 with David Lawrence Mental Health Center, Inc. (DLC) with no change in funding level and allowing for additional costs of design, permits, insurance, as well as minor administrative changes. 3. Recommendation to award Request for Proposal (RFP) 12 -5835 Museum Pg. 1034 - Exhibit Design, Fabrication and Installation to Creative Arts Unlimited, Inc. and 1054 authorize the Chairman to sign the contract in the estimated amount of $75,957.44 in FY2012. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve and ratify the modification of a classification Pg. 1055 - specification in the 2012 Fiscal Year Pay and Classification Plan made from 1059 January 1, 2012 through March 31,2012.' 2. Recommendation to accept the report concerning the sale and donation of Pg. 1060 - items associated with the County surplus auction held on March 24, 2012, 1073 resulting in gross revenues of $361,505. 3. Recommendation to award Bid # 12 -5870 Purchase and Delivery of Fertilizer Pg. 1074 - to multiple vendors (projected annual expenditures: $150,000). 1080 4. Recommendation to approve the award of ITB No. 12 -5823, "Maintenance Pg. 1081 - Minor Repairs," to BQ Concrete LLC, as primary; FA Remodeling and Repairs, 1084 Inc., as secondary; and WM. J. Varian Contruction Company, Inc., as tertiary. The annual estimated amount associated with the contract is approximately $70,000. G H. COUNTY MANAGER OPERATIONS 1. Recommendation to approve the Memorandum of Understanding between Pg. 1085 - Collier County and Immokalee Helping Our People in Emergencies, Inc (d /b /a I 1090 HOPE, Inc.) in support of Emergency Management activities related to natural and manmade hazards emergency response. 2. Recommendation to approve the submittal and authorize the Chairman to sign Pg. 1091 - a Volunteer Fire Assistance Grant Application to the Florida Division of 1097 Forestry for equipment to combat brush fires. 3. Recommendation to waive formal competition under Purchasing Policy Section Pg. 1098 - V.A.4 and approve Sarasota County's Hosted Application Service and License 1108 Agreement Amendment No. 1 to GovMax v5 under contract 11 -5617 for an amount up to $50,000 annually for maintenance, support and enhancements to the GovMax budget software. 4. Recommendation to adopt a resolution approving amendments (appropriating Pg. 1109 - grants, donations, contributions or insurance proceeds) to the Fiscal Year 1111 2011 -12 Adopted Budget. AIRPORT AUTHORITY BOARD OF COUNTY COMMISSIONERS 1. Proclamation recognizing May 3, 2012 as the National Day of Prayer. To be Pg. 1112 - presented by Commissioner Coletta on May 3, 2012 in Everglades City at the 1113 National Day of Prayer event. Sponsored by Commissioner Coletta. 2. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1114 - attendance at a function serving a Valid Public Purpose. She attended the 1116 Rotary Club of Marco Island Sunrise Breakfast on April 2, 2012. The sum of $12 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1117 - attendance at a function serving a Valid Public Purpose. Attended the Marco 1119 Police Foundation Luncheon on April 18, 2012. The sum of $20 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1120 - attendance at a function serving a Valid Public Purpose. Will attended the Local 1122 Chapters of Business Women Luncheon on April 25, 2012. The sum of $20 to be paid from Commissioner Fiala's travel budget. 5. A resolution of the Board of County Commissioners amending Resolution No. Pg. 1123 - 2011 -235 as it relates to the reappointment of William E. Arthur. This will 1124 stagger the terms of the members of the Golden Gate Community Center Advisory Committee as approved at the BCC Board meeting dated April 10, 2012, Item 10D. 17. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to provide after - the -fact approval of the Sheriffs Office Pg. 1125 - submittal to the U.S. Department of Justice for the FY2012 COPS Hiring Program 1168 grant. 2. To obtain Board approval for disbursements for the period of March 24, 2012 Pg. 1169 - through March 30, 2012 and for submission into the official records of the 1187 Board. 3. To obtain Board approval for disbursements for the period of March 31, 2012 Pg. 1188 - through April 6, 2012 and for submission into the official records of the Board. 1203 4. Pursuant to Florida Statute 318.18(13) (b) the Clerk of the Circuit Court is Pg. 1204 - required to report the amount of traffic infraction surcharges collected under 1208 Florida Statute 318.18(13)(a)(1) to the Board of County Commissioners. 5. Recommendation that the Board accept the investment status update report for Pg.1209 - the quarter ending March 31, 2012. 1219 K. COUNTY ATTORNEY 1. Recommendation pursuant to Collier County Resolution No. 95 -632, that the Pg. 1220 - Board of County Commissioners authorize the Office of the County Attorney to 1281 represent Airport Authority Executive Director Thomas C. Curry, and Airport Manager Thomas Vergo, who are all being sued by Stephen J. Fletcher and Fletcher Flying Service, Inc., a tenant at the Immokalee Airport, in the case styled Stephen J. Fletcher and Fletcher Flying Service, Inc. v. Thomas C. Curry and Thomas Vergo, Case No. 12-1124-CA, Twentieth Judicial Circuit in and for Collier County, Florida. 2. Request for authorization to join the Florida Association of Counties as a Pg. 1282 - plaintiff in litigation challenging the constitutionality of Chapter 2012 -33, Laws 1290 of Florida (HB 5301). 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. This item requires that ex parte disclosure be provided by Commission members. Pg. 1291 - Should a hearing be held on this item, all participants are required to be sworn in. 1301 Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in part of the 30 -foot wide Public Road right -of -way Easement as originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". B. This item being continued to the May 8, 2012 BCC Meeting. This item requires that ex Pg. 1302 - parte disclosure be provided by Commission members. Should a hearing be held on 1303 this item, all participants are required to be sworn in. Recommendation to approve Petition VAC- PL20120000308, to disclaim, renounce and vacate the County and the Public interest in two Conservation Easements and replaced with two alternate Conservation Easements located in the same parcel of land on an interim basis, originally recorded in the Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A ". C. This item requires that ex parte disclosure be provided by Commission members. Pg. 1304 - Should a hearing be held on this item, all participants are required to be sworn in. 1343 VA- PL2010 -2285, Lot 80, Plantation Island, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -2285, granting a variance from subsection 4.02.14.C.4 of the Land Development Code (mangrove trees), on property hereinafter described in Section 24, Township 53 South, Range 29 East, Collier County, Florida. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.