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Agenda 05/08/2012 Agenda IndexCOLLIER COUNTY ^ Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority ,3 LA AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples Fl, 34112 May 08, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice - Chairman n 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 rior 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 AM 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Michael Bannon - Crossroads Community Church of Naples 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. April 10, 2012 - BCC /Regular Meeting C. April 26, 2012 - BCC /EMS -Fire Services Workshop D. April 27, 2012 - BCC /Joint Workshop with City of Naples and Big Cypress Basin 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating May 6 -12, 2012 as Public Service Recognition Week in Collier County. To be accepted by Commissioner Fred Coyle, Chairman, Board of County Commissioners; Jennifer Edwards, Collier County Supervisor of Elections; Larry Ray, Collier County Tax Collector; Kevin Rambosk, Collier County Sheriff; Abe Skinner, Collier County Property Appraiser; and Dwight Brock, Clerk of the Circuit Court of Collier County. Sponsored by the Board of County Commissioners. Pg. i -1 Pg. 2 -3 B. Proclamation designating May 5-13,2012 as Tourism Week in Collier County. To be Pg. 4 - 5 accepted by Jack Wert, Collier County Tourism Director. Sponsored by Commissioner Henning. C. Proclamation designating May 13-19,2012 as Salvation Army Week in Collier County. Pg. 6 - 7 To be accepted by Captain Pierre Smith, Area Coordinator; Mrs. Captain Louna Smith; and Karole Davis, Assistant Director of Development /Community Relations. Sponsored by Commissioner Coyle. D. Proclamation designating May 20 -26, 2012 as Water Reuse Week in Collier County. Pg. 8 - 9 To be accepted by Max Guerra, Senior Engineer, Big Cypress Basin. Sponsored by Commissioner Hiller. E. Proclamation designating May 2012 as Bike Month in Collier County. To be accepted Pg. 10 - 11 by Michelle Avola, Executive Director, Naples Pathways Coalition, Inc. Sponsored by Commissioner Hiller. S. PRESENTATIONS A. Presentation of the Collier County Business of the Month for May 2012 to Florida Pg. 12 - 12 Weekly. Accepting the award is Shelley Lund, Publisher. B. Recommendation to recognize Paul Nargi, Building Inspector, Building Review and Pg. 13 - 15 Permitting Department, as the Employee of the Month for April 2012. 6. PUBLIC PETITIONS 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 A. Request for reconsideration by Commissioner Henning of Item 11A from the April 10, Pg.16 - 74 2012 BCC Meeting titled: Recommendation to approve the Conceptual Plans for the FY2013/14 beach renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples beaches along with FY2012/13 Marco South beach renourishment /structure rebuild plan and make a finding that these items promote tourism. B. Request for reconsideration by Commissioner Henning of Item 11B from the April 10, Pg. 75 - 130 2012 BCC Meeting titled: Recommendation to approve short list of firms for contract negotiations for RFP No. 11 -5772 "Beach Renourishment Engineering Services ". C. Request for reconsideration by Commissioner Henning of Item 14A2 from the April Pg. 131- 137 10, 2012 BCC Meeting titled: Response to the Collier County Clerk of Circuit Court Internal Audit of the Marco Island Executive Airport Parallel Taxiway and Apron Expansion Construction Project and request approval of staff clarification issued by the Zoning Manager and Planning Manager finding the Airport in compliance. D. Discussion regarding the Productivity Committee's proposed 2012 work plan. Pg. 138 - 140 E. Appointment of member to the Forest Lakes Roadway and Drainage MSTU. Pg. 141- 151 F. Appointment of member to the Animal Services Advisory Board. Pg. 152 -165 G. Appointment of member to the Coastal Advisory Board. Pg. 166 - 176 H. Recommendation to waive the daily charges for the lane rental fee for East Radio Pg. 177 - 180 Road MSTU. (Commissioner Henning) 11. COUNTY MANAGER'S REPORT A. Recommendation to award Invitation to Bid (ITB) 12 -5850 Mitigation Credits to Pg. 181 -187 multiple vendors (estimated annual expenses: $1 million). (Jay Ahmad, Transportation Engineering /Growth Management Division Director) B. Recommendation to approve an amendment to the Tourist Development Council Pg. 188 - 194 (Advisory Board) Ordinance No. 92 -18, as amended, to more specifically conform to the statutory language in Section 125.0104(4) (e), Fla. Stat., to include the TDC recommendation to make the language more stringent with "experience," and to n authorize Staff to advertise the Ordinance and return to Board for adoption. (Jack Wert, Tourism Director) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Board of County Commissioners approves a Pg. 195 - 205 Resolution declaring a public purpose for the receipt and acceptance of a $65,000 donation from CDC Land Investments, Inc. to the Bayshore Beautification Municipal Service Taxing Unit (MSTU) for the streetscape design and roadway construction costs of Thomasson Drive and Hamilton Avenue (MSTU Fiscal Impact: None) 2. Recommendation for the Community Redevelopment Agency to approve an Pg. 206 - 244 Extension and Second Amendment to Lease Agreement for the Bayshore Gateway Triangle CRA to continue leasing its current office space for a term of (24) twenty-four months, and authorize the Chairman to sign the Lease Agreement. (Fiscal Impact: $15,576/yr) 3. Recommendation to approve a corrected employment agreement between the Pg. 245 - 254 CRA and David L. Jackson, the Bayshore Gateway Triangle CRA Executive Director, to incorporate a previously CRA Board approved four year term extension of the Executive Director's employment and authorize the CRA Chairman to sign. 4. Recommendation to direct the County Manager, or his designee, to permit a 4 Pg. 255 - 258 week extension for submission of a Growth Management Plan Amendment application affecting the Bayshore /Gateway Triangle Redevelopment Overlay, and other associated provisions of the Future Land Use Element to the upcoming 2012 Collier County Growth Management Plan amendment cycle. 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 the release of a $404,400 lien for payment of Pg. 259 - 262 $1,144.36, in the Code Enforcement Action entitled Board of County Commissioners vs. Rolando Salazar, Code Enforcement Board Case Number 2005 -25, relating to property located at 120 Hancock Street, Immokalee, Collier County, Florida. 2. Recommendation to grant final approval of the private roadway and drainage Pg. 263 - 270 improvements for the final plat of Sterling Oaks - Phase 2B with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 3. This item requires that ex parte disclosure be provided by Commission Pg. 271- 276 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 Lipari - Ponziane, Tract FD -3 Replat. This plat is a re- subdivision of lands within Treviso Bay / Wentworth Estates PUD. ^ 4. Recommendation to approve an amendment extending the existing Pg. 277 - 309 Maintenance Agreement (412918- 1- 72 -01- Supplemental Agreement #2) between the State of Florida, Department of Transportation and Collier County and approve a budget amendment recognizing revenue in the amount of $446,900.50. This item requires that ex parte disclosure be provided by Commission Pg. 310 - 324 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 Manchester Square subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 6. Recommendation to approve Amendment Number 1 to funding Agreement No. Pg. 325 - 354 S0539 with the Florida Department of Environmental Protection for the Northern Golden Gate Estates Flowway Restoration Plan, Collier County Project No. 33134, extending the agreement completion date from November 9, 2012 to January 15, 2013. 7. Recommendation to advertise and bring back for future consideration an Pg. 355 - 360 amendment to the Collier County Consolidated Impact Fee Ordinance, which is Chapter 74 of the Collier County Code of Laws and Ordinances, to eliminate outdated provisions in Section 74 -205, Developer Contribution Credit, related to time limitations for credit reimbursements and requirements for forfeiture of credits. 8. Recommendation to approve an amendment to Contract No. 11 -5753, Pg. 361- 507 Electronic Fareboxes for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program, to correct technical references in Exhibit A, Scope of Services. B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 508 - 520 and execute a Site Improvement Grant Agreement that is financially assisted by a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3234 Cottage Grove Avenue - CRA Fiscal Impact: None) 2. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 521- 551 and execute a Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3700 Bayshore Drive, $22,750). 3. Recommendation for the Community Redevelopment Agency Board to provide Pg. 552 - 714 after the fact approval for the submittal of a Community Development Block Grant application to Housing, Human and Veterans Services Department for $701,300 in funding for the Bayshore Gateway Triangle CRA Fire Suppression Infrastructure System Upgrade Project. 4. Recommendation for the Community Redevelopment Agency (CRA) to modify Pg. 715 - 740 an existing Commercial Building Improvement Grant Agreement between the CRA and a Grant Applicant by approving a time extension and increase the grant award in the amount of $9,326.50. (2595 Tamiami Trail East, Revised Fiscal Impact $12,929.50) Recommendation to provide "after- the - fact" approval of the submission of the Pg. 741 - 785 attached Community Development Block Grant (CDBG) Application to Collier County Housing and Human Service Department seeking grant funding in the amount of $352,750 to provide supplemental funds toward the construction of the First Street Plaza in Immokalee. C. PUBLIC UTILITIES DIVISION Recommendation to award Contract #11 -5794 to B.Q. Concrete, LLC., Bradanna Pg. 786 - 932 Inc. and Mitchell and Stark Construction Co. in the estimated amount of $600,000 annually for the construction of hammerheads and designated driveways in Collier County to provide safe and proper turn- around areas on public roads. 2. Recommendation to approve Amendment One to the State Revolving Fund Loan Pg. 933 - 961 Agreement through the Florida Department of Environmental Protection for the Tamiami Wells 34 and 37 and Pipeline Replacement Project, project number 701582, reducing the loan amount by $368,002. D. PUBLIC SERVICES DIVISION ^ 1. Recommendation to Waive Formal Competition and Approve Hill's Pet Pg. 962 - 973 Nutrition, Inc. ( "Hill's ") as the supplier of pet food products and pet nutrition educational services to the Collier County Domestic Animal Services (DAS) shelters with the exception of purchasing food from other manufacturers /vendors for other species housed at the shelters and /or specialty food for felines and canines with special dietary need and authorize the Purchasing /GS Director to sign the agreement. 2. Recommendation to approve (1) Release of Lien for the Disaster Recovery Pg. 974 - 979 Initiative Single Family Rehabilitation Program since no grant funds were awarded and no work was performed. 3. Recommendation to approve (1) Modification to Lien Agreement for the Pg. 980 - 986 Disaster Recovery Initiative Single Family Rehabilitation Program to reflect the true grant amount awarded. 4. Recommendation to approve one (1) Release of Lien in the amount of $4,736.34 Pg. 987 - 998 for an Impact Fee Deferral Agreement as the amount has been repaid in full. S. Recommendation to approve one (1) satisfaction of mortgage in the amount of Pg. 999 - 1008 $2,500 for a loan issued under the State Housing Initiatives Partnership Program (SHIP) as loan has been repaid in full. ^ 6. Recommendation to approve and authorize the Chairman to sign a grant Pg. 1009 - agreement accepting a Continuum of Care (CoQ grant award in the amount of 1016 $104,645 from the U.S. Department of Housing and Urban Development (HUD) for the support of the Homelessness Management Information System (HMIS), and approve the associated budget amendment to recognize the funding associated with this award. 7. Recommendation to approve changes in the project scope of an existing Pg. 1017 - subrecipient agreement with Big Cypress Housing Corporation in order to 1023 utilize and expend all of the American Recovery and Reinvestment Act (ARRA) funding for Energy Efficiency Improvements at Main Street Village and Eden Gardens apartments in Immokalee, Florida. 8. Recommendation to authorize the Chair to sign a letter to the U.S. Department Pg. 1024 - of Housing and Urban Development finalizing an agreement between HUD and 1030 Collier County to accept a reduction in HOME funding to repay HOME funds used in support of HOME Activity #195 (Cirrus Pointe). 9. Recommendation to approve a budget amendent allocating $203,263 of State Pg. 1031 - Aid to Libraries Grant funds awarded Collier County Public Library for 1034 operational support and the purchase of books and materials. 10. Recommendation to approve a substantial amendment to the Collier County Pg. 1035 - 2011 -2012 Department of Housing and Urban Development (HUD) Action Plan 1058 (AP) to allow an application submission to HUD for Emergency Solutions Grant E. F. (ESG) funding; and to authorize the Chairman to sign the necessary certifications and documents for submission to HUD no later than May 15, 2012. 11. Recommendation to approve the Parks and Recreation Department's Pg. 1059 - participation in the Immokalee Out -Of- School Time Initiative (IOSTP); 1064 authorize the Chairman to sign a Memorandum of Understanding (MOU) with the Southwest Florida Workforce Development Board, Inc.; and approve associated budget amendment. Fiscal Impact is $30,375. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve the Rivers Road Preserve Interim Management Pg. 1065 - Plan under the Conservation Collier Land Acquisition Program 1079 2. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 1080 - Subrogation Claims settled and /or closed by the Risk Management Director 1108 pursuant to Resolution # 2004 -15 for the second quarter of FY12. 3. Recommendation to award Request for Proposal (RFP) 11 -5790R Safety, Pg. 1109 - Security and Access Infrastructure Programs and Equipment to Commercial 1121 Electrical Systems Company on an as- needed basis effective June 1, 2012, and terminate contract 07 -4148 Security Services and Equipment to Johnson Controls Inc. on May 31, 2012. 4. Recommendation to accept reports and ratify staff - approved change orders Pg. 1122 - and changes to work orders. 1141 S. Recommendation to reject proposals received as a result of Letter of Intent Pg. 1142 - (LOI) 10 -5562 E- Payables and to work in coordination with the Clerk of Courts 1145 who will solicit proposals to expand opportunities for electronic payments and electronic payment systems to include "Procure to Pay" programs such as E- Payables as well as other programs designed to increase efficiency and reduct paper processing. 6. Recommendation to ratify County Purchase Orders 4500124638 and Pg. 1146 - 4500127444 in the total amount of $192,215 and approve the payment of 1186 invoices to Miller Pipeline Corporation under a contract competitively procured by the City of Boca Raton for work performed on North Naples sewer laterals project 70043. COUNTY MANAGER OPERATIONS 1. Recommendation to approve the Memorandum of Understanding between Pg. 1187 - Collier County and St. Matthews House, Inc in support of Emergency 1193 Management activities related to natural and manmade hazards emergency response. 2. Recommendation to approve the Memorandum of Understanding between Pg. 1194 - Collier County and American National Red Cross in support of Emergency 1200 A*—\ Management activities related to natural and manmade hazards emergency response. Recommendation to approve the Memorandum of Understanding between Pg. 1201 - Collier County and Shepherd of the Glades Lutheran Church in support of 1207 Emergency Management activities related to natural and manmade hazards emergency response. 4. Recommendation to recognize an insurance refund and approve the necessary Pg. 1208 - budget amendment for the Ochopee Fire Control District in the amount of 1210 $2,665.28 for the purpose of replacing a damaged portable radio. S. Recommendation to adopt a resolution approving amendments (appropriating Pg. 1211 - grants, donations, contributions or insurance proceeds) to the Fiscal Year 1213 2011 -12 Adopted Budget. 6. Recommendation to authorize payment of the final invoice to MDT Personnel, Pg. 1214 - LLC for temporary labor. 1218 G. AIRPORT AUTHORITY 1. Recommendation that the Board of County Commissioners, acting in its Pg. 1219 - capacity as the Collier County Airport Authority, approve the attached Sub- 1235 Lease Agreement and Rider with Three Mayhoods LLC. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval to attend a function serving as a Pg. 1236 - Valid Public Purpose. She will attend the Leadership Marco program from July 1238 25, 2012 through January 13, 2013. The sum of $500 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1239 - attendance at a function serving a Valid Public Purpose. Attended the Greater 1242 Naples Chamber Wake Up event at Naples Hilton, Naples, FL on March 14, 2012. $20 to be paid from Commissioner Coletta's travel budget. 3. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1243 - attendance at a function serving a Valid Public Purpose. Attended the RSVP 1247 Annual Volunteer Appreciation Luncheon at the Naples Airport, Naples, FL on March 20, 2012. $15 to be paid from Commissioner Coletta's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1248 - attendance at a function serving a Valid Public Purpose. Attended the Know 1251 Your County Government Luncheon at East Naples United Methodist Church, Naples, FL on March 27, 2012. $5 to be paid from Commissioner Coletta's travel budget. S. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1252 - attendance at a function serving a Valid Public Purpose. Attended the 1254 Immokalee Chamber of Commerce breakfast meeting at Roma Havana Restaurant in Immokalee, FL on April 4, 2012. $10 to be paid from Commissioner Coletta's travel budget. 6. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1255 - attendance at a function serving a Valid Public Purpose. Attended the Greater 1257 Naples Chamber of Commerce Wake Up Naples event at the Hilton Hotel, Naples, FL on April 11, 2012. $20 to be paid from Commissioner Coletta's travel budget 7. Commissioner Coletta requests Board approval for reimbursement regarding Pg.1258 - attendance at a function serving a Valid Public Purpose. Will attend the Greater 1262 Naples Chamber of Commerce Annual Meeting on May 18, 2012 at the Ritz Carlton Golf Resort, Naples, FL. $80 to be paid from Commissioner Coletta's travel budget I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of April 7, 2012 Pg.1263 - through April 13, 2012 and for submission into the official records of the Board. 1276 2. To obtain Board approval for disbursements for the period of April 14, 2012 Pg.1277 - through April 20, 2012 and for submission into the official records of the Board. 1289 K. COUNTY ATTORNEY 1. Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 86 -78 as amended, which created the Citizens Advisory Committee for the Comprehensive Plan. 2. Recommendation to direct the County Attorney to advertise and bring back an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits. 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. A. 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. RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the Pg.1290 - 1299 Pg. 1300- 1307 Pg. 1308- 1386 comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres; and by providing an effective date. B. This item has been continued from theApH124, 2012 BCC Meeting, This item requires Pg. 1387 - that ex parte disclosure be provided by Commission members. Should a hearing be 1414 held on 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. Recommendation to adopt a resolution approving amendments (appropriating carry Pg. 1415 - forward, transfers and supplemental revenue) to the Fiscal Year 2011 -12 Adopted 1417 Budget. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.