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Agenda 11/13/2012 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority lliu ' AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 November 13, 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. Dr. Edward Thompson - First Presbyterian 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. October 9, 2012 - BCC /Regular Meeting 3. SERVICE AWARDS A. EMPLOYEE 1. 20 Year Attendees a. Bernard Sullivan, Pollution Control 4. PROCLAMATIONS Pg. I -1 A. Proclamation designating November 16-22,2012 as Farm City Week in Collier Pg. 2 - 3 County. To be accepted by Blake Gable, Chair; Sheriff Rambosk, Chair - Elect; Cyndee Wooley, Executive Committee; John Schmieding, Executive Committee; Larry Berg, Executive Committee; and Steve Kissinger, Treasurer. Sponsored by Commissioner_: Coletta. B. Proclamation recognizing December 1-7,2012 as Crohns and Colitis Awareness Week Pg. 4 - 5 in Collier County. To be accepted by Irene Williams, Board Chair & Founder; Yvette Stafford, Chief Operational Officer; Lena Jones, Executive Secretary; Akita Lisa Canon, Board Advisor; Barbara Melvin, Board Advisor; Juanita Williams, Board Member; Kyle Stafford; Ashley Coyle; Kristine Doria; and Melody Coyle. Sponsored by the Board of County Commissioners. C. Proclamation recognizing and congratulating the Naples Daily News on receiving the Pg. 6 - 7 WRAP Award for its continued efforts promoting waste reduction, reuse, recycling and environmental awareness. To be accepted by Kelly Benson, Vice President and Robert Caton, Technical Service Manager. Sponsored by the Board of County Commissioners. D. Proclamation designating November 14, 2012 as the Conservancy of Southwest Pg. 8 - 9 Florida Susan and William Dalton Discovery Center Day. To be accepted by Rob Moher, Conservancy of Southwest Florida. Sponsored by the Board of County Commissioners. 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for November 2012 to the Pg. 10 - 10 Conservancy of Southwest Florida. To be accepted by Andrew McElwaine, President and CEO. B. Recommendation to recognize Hailey Alonso, Operations Analyst, Public Services Division, as the Employee of the Month for October 2012. 6. PUBLIC PETITIONS A. Public Petition request from Mr. Edward Dunphy regarding a process to reduce hauling and landfill expenses. B. Public Petition request from Mr. Bob Krasowski regarding issues relating to beach renourishment. 7. PUBLIC COMMENTS ON GENERAL TOPICS 8. C9 BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. Pg. 11- 13 Pg. 14 - 16 Pg. 17 -20 A. Presentation to review and approve the 2012 combined Annual Update and Pg. 21- 292 Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) amendment as provided for in Chapter 6.02.02 of the Collier County Land Development Code and Section 163.3177(3) (b), Florida Statutes. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Collier County Public Safety Authority. Pg. 293 - 315 B. Request for reconsideration by Commissioner Fiala of Item 11C from the October 23, Pg. 316 - 319 2012 BCC Meeting titled: Recommendation to consider an out -of -cycle Tourist Development Council ( "TDC) Grant Application from the City of Marco Island /Hideaway Beach District for Erosion Control Structures at Hideaway Beach and if approved make a finding that the project is in the public interest and authorize all necessary budget amendments. Estimated fiscal impact: $925,000. C. Request for reconsideration by Commissioner Coletta of Item 10C from the October Pg. 320 - 322 23, 2012 BCC Meeting titled: Appointment of member to the Collier County Planning Commission. D. Request for reconsideration by Commissioner Coletta of Item 16K6 moved to Item Pg. 323 - 326 12B from the October 23, 2012 BCC Meeting titled: Recommendation to adopt a Resolution terminating the Employment Agreement with the Executive Manager to the Board of County Commissioners. E. Request for reconsideration by Commissioner Coletta of Item 14A1 from the October Pg. 327 - 329 23, 2012 BCC Meeting titled: The Annual Performance Appraisal for the Airport Authority Executive Director. F. Discussion of Policies and Procedures governing the processing of public records Pg. 330 - 339 requests and request for inspection of personnel records. (Commissioner Coyle) 11. COUNTY MANAGER'S REPORT A. Recommendation to approve a budget amendment in the amount of $300,000 to fund Pg. 340 - 341 additional Baker Act services through the David Lawrence Center for FY2013, in accordance with Board direction. (Mark Isackson, Director of Corporate Finance and Management Services) B. Recommendation to consider the use of federal payment in lieu of tax (PILT) dollars Pg. 342 - 353 and ad valorem tax revenue to construct approximately $600,000 in improvements to Ochopee Fire Control District Station 61 located at the Port of the Islands. (Mark Isackson, Director of Corporate Finance and Management Services) C. Recommendation to adopt a position regarding East Naples Fire Control and Rescue Pg. 354 - 376 District's proposal to the Collier County Legislative Delegation to expand the Districts boundaries by adding property currently within the Isles of Capri Fire Department MSTU. (Len Price, Administrative Services Administrator) D. Recommendation to review and approve the final beach access sign renderings for Pg. 377 - 397 installation throughout the Gulf Shore Drive corridor for direct public beach access via county easements. (Steve Carnell, Interim Public Services Administrator) E. Recommendation to uphold the protest decision denying Poole & Kent Company of Pg. 398 - 511 Florida's formal protest objection regarding award of Invitation to Bid (ITB) #12- 5931 Master Pump Station 312 Rehabilitation as Project 72549. This item is a companion to Item 11F. (Len Price, Administrative Services Administrator) F. Recommendation to approve the award of Invitation to Bid (ITB) 12 -5931 Master Pg. 512 - 652 Pumping Station 312 Rehabilitation, as Project 72549 to contractor Douglas N. Higgins, Inc. in the amount of $5,961,000, authorize the Chairman to execute the agreement and approve the necessary budget amendment(s). This is a companion to Item 11E. (Tom Chmelik, Public Utilities Planning and Project Management Director) G. Recommendation to uphold the protest decision denying Poole & Kent Company of Pg. 653 - 768 Florida's formal protest regarding award of Invitation to Bid (ITB) #12 -5952, Aerated Sludge Holding Tank (ASHT) /Flow Equalization Tank (FET), Project 70091. This is a companion to Item 11H. (Len Price, Administrative Services Administrator) H. Recommendation to approve the award of Invitation to Bid (ITB) #12 -5952 Aerated Pg. 769 - 902 Sludge Holding Tank (ASHT) /Flow Equalization Tank (FET) for the North County Water Reclamation Facility Project 70091 to Mitchell & Stark Construction Company, Inc in the amount of $6,307,000, authorize the Chairman to execute the construction contract, and approve the necessary budget amendments. This is a companion to Item 11G. (Tom Chmelik, Public Utilities Planning and Project Management Director) I. This item requires that ex parte disclosure be provided by Commission members. Pg. 903 - 975 Should a hearing be held on the item, all participants are required to be sworn in. Recommendation to hear from Crisis Center of Tampa Bay doing business as TransCare Medical Transportation Services and the public to determine the need for an additional Class 2 post - hospital inter - facility transport ambulance transfer service in Collier County. (Dan Summers, Bureau of Emergency Services Director) J. Recommendation to approve and execute an Improvement to Parking Area Pg. 976 - 984 Agreement with Naples Zoo, Inc., related to the cost sharing for the entrance and parking improvements at the Naples Zoo with the County's share to be fifty percent of the final certified construction cost, currently estimated at $2,600,000. (Steve Carnell, Public Services Interim Administrator) K. Recommendation to review and approve the documents that outline the history, Pg. 985 - 1002 timing, prior guidance and approvals received for: The beach renourishment program; The Local Government Funding Request (LGFR) grant applications; and the Federal Emergency Management Agency (FEMA) appeal process. (Gary McAlpin, Natural Resources Department, Growth Management Division) L. Recommendation to adopt a Resolution to establish the general requirements and Pg. 1003 - procedures for amending the Collier County Growth Management Plan (GMP), as 1009 provided for with the Florida Statutes. (Mike Bosi, Planning & Zoning Services Growth Management Division Interim Director) M. Recommendation to consider options for re- structuring the Board Office. (Leo E. Pg. 1010 - Ochs, Jr., County Manager) 1014 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1. Recommendation that the Board of County Commissioners, acting as the Pg. 1015 - Airport Authority, approve and authorize the Chairman to execute attached 1061 Contract #12 -5885 "Design and Related Services for the Marco Island Executive Airport (MKY) Runway 17 -35 Rehabilitation Project" in the amount of $660,000 with Hole Montes, Inc. 2. Recommendation that the Board of County Commissioners, acting as the Pg. 1062 - Airport Authority, approve and authorize the Chairman to execute attached 1109 Contract #12 -5885 "Design and Related Services for the Immokalee Regional Airport Runway 9 -27 Rehabilitation Project" in the amount of $761,000 with Hole Montes, Inc. B. COMMUNITY REDEVELOPMENT AGENCY Recommendation to the Community Redevelopment Agency (CRA) to complete Pg. 1110 - the 2012 annual performance evaluation for the Immokalee CRA Executive 1159 Director. 2. Recommendation that the Collier County Community Redevelopment Agency Pg. 1160 - (CRA) approve and execute an amendment to the employment agreement 1170 between the CRA and Penny S. Phillippi, the Immokalee CRA Executive Director, extending the term of employment three years, make certain changes to the contract, and authorize the Chairman to sign. (Penny S. Phillippi, Executive Director, Immokalee CRA) 3. Recommendation to award Agreement No. 12 -5896 for Design Construction Pg. 1171 - Documents, Civil Site Design (SDP Permitting), Permit and Bid Services and 1212 Construction Administration and Related Services for the First Street Zocalo for Immokalee to David Corban Architect, Inc.; Fiscal Impact $113,450. 4. Recommendation to approve the Termination of Interlocal Agreement between Pg.1213 - the Collier County Community Redevelopment Agency and the Collier County 1220 Airport Authority for the Immokalee Business Development Center. (This is a companion to Items 14BS and 14136) Recommendation that the Board of County Commissioners acting as the Pg. 1221 - Community Redevelopment Agency (CRA) to authorize the continued operation 1229 of the Immokalee Business Development Center (IBDC) under the auspice of the Immokalee Community Redevelopment Agency (CRA) exclusive of the partnership with the Collier County Airport Authority and the Immokalee Airport. (This is a companion to Items 14134 and 14136) 6. Recommendation that the Board of County Commissioners acting as the Pg. 1230 - Community Redevelopment Agency (CRA) to approve amending the Immokalee 1318 Business Development Center's (IBDC) Proposal, IBDC Application, IBDC Policies and Procedure Handbook, and IBDC Proposed Lease Agreement. (This is a companion to Items 14134 and 14135) 7. Recommendation that the Collier County Board of County Commissioners (BCC) Pg. 1319 - acting as the Community Redevelopment Agency (CRA) approve the submittal 1432 of the attached Rural Business Enterprise Grant (RBEG) application to U.S. Department of Agriculture (USDA) Rural Development in the amount of $35,000 for the completion of a Feasibility Study to evaluate expanding the current Immokalee Business Development Center (IBDC) and approve all necessary budget amendments. (This item to be heard after Items 14134, 14BS and 14136) 8. Recommendation that the Collier Community Redevelopment Agency (CRA) Pg. 1433 - Board designates the Immokalee Community Redevelopment Agency Executive 1435 Director as the Special District Registered Agent for the Collier County CRA. 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 and sewer utility Pg. 1436 - facilities for Quarry, Phase 2B and to authorize the County Manager, or his 1444 designee, to release any Utilities Performance Security in the amount of $4,000 to the Project Engineer or the Developer's designated agent. This item requires that ex parte disclosure be provided by Commission Pg. 1445 - members. Should a hearing be held on this item, all participants are required to 1452 be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with Turnbury Preserve AR #10119 pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 3. Recommendation to award Quote #12 -5891 for the purchase of post- disaster Pg. 1453 - Damage Assessment software (ARM360) and services from GeoCove, Inc. in the 1484 amount of $40,250 for the software purchase, and annual maintenance beginning in 2014 in the amount of $7,000 with a 3% cap. 4. Recommendation to approve final acceptance of the water and sewer utility Pg. 1485 - facilities for Quarry, Phase 2A and to authorize the County Manager, or his 1493 designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or the Developer's designated agent. 5. Recommendation to approve final acceptance of the water and sewer utility Pg. 1494 - facilities for Aviano at Naples and to authorize the County Manager, or his 1502 designee, to release the Final Obligation Bond in the amount of $4,000 to the Project Engineer or the Developer's designated agent. 6. Recommendation to approve final acceptance of the water utility facility for Pg. 1503 - Aviano at Naples, Phase 2 and to authorize the County Manager, or his designee, 1513 to release the Utility Performance Security (UPS) and Final Obligation Bond in the total amount of $32,389.80 to the Project Engineer or the Developer's designated agent. 7. Recommendation to approve final acceptance of the water and sewer utility Pg. 1514 - facilities for Covenant Presbyterian Church, 6992 Trail Boulevard, and to 1526 authorize the County Manager, or his designee, to release the Utilities Performance Security and Final Obligation Bond in the total amount of $33,868.67 to the Project Engineer or the Developer's designated agent. 8. This item requires that ex parte disclosure be provided by Commission Pg. 1527 - members. Should a hearing be held on this item, all participants are required to 1532 be sworn in. Recommendation to approve for recording the final plat of Veronawalk Phase 4C, Karina Court 2nd Replat, Application Number PL20120001618. 9. This item requires that ex parte disclosure be provided by Commission Pg. 1533 - members. Should a hearing be held on this item, all participants are required to 1536 be sworn in. Recommendation to authorize the Clerk of Courts to release a security in the amount of $21,873.50 which was posted as a development guaranty for work associated with Seacrest School. 10. This item requires that ex parte disclosure be provided by Commission Pg. 1537 - members. Should a hearing be held on this item, all participants are required to 1542 be sworn in. Recommendation to authorize the Clerk of Courts to release a Performance Bond in the amount of $104,450 which was posted as a development guaranty for work associated with Arthrex Commerce Park PL2011000783. 11. This item requires that ex parte disclosure be provided by Commission Pg. 1543 - members. Should a hearing be held on this item, all participants are required to 1559 be sworn in. Recommendation to approve for recording the final plat of Gaspar Station, Phase 1, Application Number PPL- PL20120000409, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 12. Recommendation to extend Contract #07 -4105 with White & Smith, LLC, Pg. 1S60 - Planning and Law Group, under the same terms and conditions as the original 1577 contract, for a period of one (1) year, ending on December 11, 2013. 13. Recommendation to authorize a budget amendment to recognize carry forward Pg. 1578 - for projects within the Transportation Supported Gas Tax Fund (313) in the 1580 amount of $3,150. 14. This item requires that ex parte disclosure be provided by Commission Pg. 1581 - members. Should a hearing be held on this item, all participants are required to 1591 be sworn in. Recommendation to approve for recording the final plat of Riverstone - Plat Two, Application Number PPL- PL20120001179, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 15. Recommendation to approve an Assumption Agreement releasing WCI from Pg. 1592 - future maintenance responsibilities on a portion of Mainsail Drive. 1606 16. Recommendation to approve a transfer of Assumption Agreement releasing Pg. 1607 - WCI from future maintenance responsibilities for medians on Collier Boulevard 1617 (S.R. 951) at the Mainsail Drive intersection and transferring that responsibility to Hammock Bay Owners Association. 17. Recommendation to approve a Resolution implementing Board direction to Pg. 1618 - exempt Lane Rental Fees on County sponsored Projects located within or 1631 adjacent to the Right -of -Way and to eliminate Permit charges for services previously provided by the County on behalf of the Florida Department of Transportation. 18. Recommendation to execute a License Agreement with the Barefoot Beach Club Pg. 1632 - Condominium Owners Association, Inc. and The Conservancy to allow for 1707 mangrove trimming and monitoring on County -owned property in the vicinity of Lely Barefoot Beach. 19. Recommendation to approve the release of lien in the amount of $38,333.43 for Pg. 1708 - payment of $24,083.43, in the Code Enforcement Action entitled Board of 1711 County Commissioners vs. Gloria Perdigon, Code Enforcement Case Number CESD20100009141, relating to property located at 29318th Avenue NE, Collier County, Florida. 20. Recommendation to approve the release of lien in the amount of $6,162.29 for Pg. 1712 - payment of $562.29, in the Code Enforcement Action entitled Board of County 1715 Commissioners vs. Alicia Vives, Code Enforcement Case Number CEV20110011656, relating to property located at 410 5th Street NW, Collier County, Florida. 21. This item requires that ex parte disclosure be provided by Commission Pg. 1716 - members. Should a hearing be held on this item, all participants are required to 1727 be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with Mockingbird Crossing AR #9975 pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 22. Recommendation to accept $112,647 in additional funding from the Florida Pg. 1728 - Department of Transportation for Local Agency Program Agreement 429902 -1 1751 for construction engineering and inspection services for the Naples Manor sidewalk project, to authorize the necessary budget amendment; and to execute a Resolution memorializing the Board's action. 23. Recommendation to increase the annual expenditures for countywide Bid #09- Pg. 1752 - 5289 for the "Purchase & Delivery of Inorganic /Organic Mulch" to Forestry 1755 Resources for an estimated annual expenditure of $250,000. 24. Recommendation to approve a Peer Review for Wiggins Pass Channel Pg. 1756 - Improvements by Olsen Associates, Inc. for a lump sum amount of $34,900 and 1768 a Peer Review of the Collier County Beaches volume design by Atkins North American, Inc under Contract No. 09- 5262 -CZ for a lump sum amount of $15,905. Make a finding that these items promote tourism. 25. Recommendation to approve the release of liens in the amount of $55,288.24 Pg. 1769 - for payment of $8,488.24, in the Code Enforcement Action against Terry Dilozir, 1772 relating to properties located at 5322 Catts Street, 4035 22nd Avenue SE, 4301 20th Place SW, and 4913 18th Avenue SW, Collier County, Florida. 26. Recommendation to increase the annual expenditures for Request for Proposal Pg. 1773 - (RFP) 11 -5677 "Growth Management Division Planning and Regulation 1811 Staffing" to NOVA Engineering and Environmental, LLC for an annual budgeted expenditure of $150,000, approve a budget amendment from Fund 113 to pay for these contracted services, and authorize payment of an outstanding invoice. 27. Recommendation to reject all bids Bid No. 12 -5948 - Immokalee Road Safety Pg. 1812 - Improvements Project No. 60016.4 and re -bid the project. 1819 B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) approve the attached Site Access Agreement between the CRA in Immokalee (Owner) and Stevens & Layton, Inc. (Contractor) allowing said Contractor to store its materials and equipment in conjunction with the Boston Avenue Sidewalk Improvement Project (County Project #11- 5674). The site location is at the southwest corner of South 9th Street and Main Street in Immokalee (folio number 00122840009). C. PUBLIC UTILITIES DIVISION 1. Recommendation to Award bid #12 -5908, Grease Hauling Services, to Carlos Rivero Plumbing and Septic Tank Contractor, Inc., in the estimated annual amount of $175,000. 2. Recommendation to award bid #12 -5954, Water Meter Test Bench, to Mars Company in the amount of $117,169.53. 3. Recommendation to approve Amendment No. 2 to Contract No. GC -690, "Agreement For Storage Tank System Compliance Verification Program for Collier County", between the Collier County Board of County Commissioners and the Florida Department of Environmental Protection to continue administering the pollutant storage tank compliance verification program for regulated tanks. Pg. 1820 - 1827 Pg. 1828- 1896 Pg. 1897- 1932 Pg. 1933 - 1966 4. Recommendation to award Bid No. 12 -5925, "Removal of Agricultural Plastics Pg. 1967 - at Immokalee Transfer Station," to Rational Energies, Inc., at no cost to Collier 1982 County. S. Recommendation to accept Amendment No. 01, a zero dollar time extension to Pg. 1983 - the South Florida Water Management District Alternative Water Supply Grant 1992 4600002535. 6. Recommendation to reject all quotes for the Woodcrest Drive Utility Extension Pg. 1993 - Phase 1, Segment C Project, and re -quote Project Numbers 70071 and 70044. 1998 7. Recommendation to approve an amendment in the amount of $26,900 to Pg. 1999 - Contract #06 -3972 with Tele- Works, Inc., to transfer the existing delinquent 2010 water /sewer customer account courtesy calling system to a hosted environment. 8. Recommendation to authorize advertising the attached ordinance repealing Pg. 2011 - Ordinance Number 80 -43 that created the Goodland Water District. 2068 D. PUBLIC SERVICES DIVISION 1. Recommendation to approve a Right of Entry to the Florida Department of Pg. 2069 - Environmental Protection to install, maintain and monitor groundwater 2074 monitoring wells at the Pepper Ranch Preserve, at no cost to the County. 2. Recommendation to approve three (3) satisfaction of mortgages for State Pg. 2075 - Housing Initiatives Partnership Program (SHIP) in accordance with the Board's 2083 Short Sale Policy. 3. Recommendation to approve four (4) Subrecipient Agreements for the Pg. 2084 - Community Development Block Grant (CDBG) projects previously approved for 2199 U.S. Department of Housing and Urban Development (HUD) funding in the 2012 -2013 Action Plan approved by the Board on July 24, 2012 (Agenda Item No. 11.13) 4. Recommendation to approve an amendment to the Community Development Pg. 2200 - Block Grant Agreement between Collier County and the Community 2237 Redevelopment Agency (CRA) Immokalee by extending the grant agreement period, requiring compliance with the FY 2010 HUD Grant and 24 CFR 570, and modifying Exhibit A, Scope of Services. 5. Recommendation to approve amendments to the subrecipient agreements Pg. 2238 - between Collier County and the David Lawrence Center, NAMI of Collier County, 2265 Inc, and the Collier County Sheriffs Office funded by the Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Grant. 6. Recommendation to award Bid #12 -5953 for "Lely MSTU Pebble Beach Lighting Pg. 2266 - Project" to Bentley Electric Company of Naples, Florida, Inc., in the amount of 2366 $129,617.46 7. Recommendation to accept the FY12 -13 Federal Transit Administration (FTA) Pg. 2367 - Section 5310 Grant award in the amount of $272,655, authorize the necessary 2377 budget amendments and approve the purchase of three (3) paratransit vehicle utilizing those funds 8. Recommendation to approve the FY12 -13 contract between Collier County and Pg. 2378 - the State of Florida Department of Health for operation of the Collier County 2404 Health Department in the amount of $1,258,100. 9. This item continued from the October 23, 2012 BCC meeting. Recommendation Pg. 2405 - to approve a budget amendment recognizing $199,478.74 in program income 2409 revenue generated when conveying properties acquired under the Neighborhood Stabilization Program (NSP1). 10. Recommendation to ratify the Chairman's execution of the revised Buyback Pg. 2410 - agreement between the County and Agency for Health Care Administration 2419 (AHCA) for additional eligible funding leveraged under the alternative intergovernmental transfer programs (IGT); such funds identified are already budgeted in the FY 2013 approved budget. E. ADMINISTRATIVE SERVICES DIVISION 1. This item requires that ex parte disclosure be provided by Commission Pg. 2420 - members. Should a hearing be held on this item, all participants are required to 2435 be sworn in. Recommendation to renew the Collier County Emergency Medical Services Department Certificate of Public Convenience and Necessity for Advanced Life Support Transport for one year and authorize the Chairman to execute the Permit and Certificate. 2. Recommendation to approve Agreement No. 12 -5983 with Naples HMA, LLC Pg. 2436 - d /b /a Physicians Regional Healthcare System (PRHS) for use of the Medical 2443 Examiner facility to conduct autopsies. 3. Recommendation to authorize the purchase of a Microsoft Enterprise Pg. 2444 - Agreement from SHI for Microsoft software and licenses in the amount of 2451 $343,028 and authorize additional software and license purchases during the year utilizing the State of Florida contract 252 - 001 -09 -1. 4. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 2452 - Subrogation Claims settled and /or closed by the Risk Management Director 2467 pursuant to Resolution # 2004 -15 for the fourth quarter of FY 12. S. This item requires that ex parte disclosure be provided by Commission Pg. 2468 - members. Should a hearing be held on this item, all participants are required to 2501 be sworn in. Recommendation to renew the annual Certificate of Public Convenience and Necessity (COPCN) for Ambitrans Medical Transport, Inc., to provide Class 2 inter - facility transport ambulance service for a period of one year. 6. Recommendation to approve the award of RFP #12 -5874 and contract to Pg. 2502 - Intermedix Corporation to provide billing services for Collier County 2513 Emergency Medical Services. 7. Recommendation to approve and authorize the Chairman to sign the Pg. 2514 - Assumption Agreement from Tri -County Pest Control South, Inc. to Orkin, LLC 2569 for pest control services. 8. Recommendation to approve an assumption agreement with Evans Energy Pg. 2570 - Partners LLC DBA Evans Oil Company ( "Evans Energy") to assume Contract #07- 2634 4180 "Gasoline and Diesel Fuel" and ITB #10 -5581 "Motor Oils, Lubricants and Fluids;" Waive purchasing policy to purchase gasoline and diesel fuel from Evans Energy without formal bidding to refuel County vehicles at the Evans commercial refueling site at South Horseshoe Drive; and retroactively approve payment for all purchases made with Evans Energy since September 26, 2012. Recommendation to approve a Third Amendment to Collier County Emergency Pg. 2635 - Services Medical Consultant Contract to clarify the section related to 2652 compensation upon termination and add a section related to an annual performance evaluation process. 10. Recommendation to accept reports and ratify staff - approved change orders Pg. 2653 - F G. and changes to work orders. COUNTY MANAGER OPERATIONS 2686 1. Recommendation to approve a Release of Lien for the St. Matthew's House, Inc. Pg. 2687 - Wolfe Apartments due to the impact fees being paid in full in accordance with 2702 the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. 2. Recommendation to adopt a resolution approving amendments (appropriating Pg. 2703 - grants, donations, contributions or insurance proceeds) to the Fiscal Year 2705 2012 -13 Adopted Budget. 3. Recommendation to adopt a Resolution designating the Goodland Bridge Pg. 2706 - (Bridge No. 030184) on CR92 over the Marco Channel as "The Stan Gober 2713 Memorial Bridge." AIRPORT AUTHORITY 1. Recommendation to establish the commencement date of the attached Collier Pg. 2714 - Lease Agreement between the Collier County Airport Authority and Salazar 2732 Machine & Steel, Inc., as of December 1, 2012, and to provide the Airport Authority Executive Director the authority to waive the collection of rent until the final completion date of the ongoing improvements to the leased premises. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2733 - attendance at a function serving a Valid Public Purpose. Attended the Greater 2735 Naples Chamber of Commerce Business After 5 on October 18, 2012. The sum of $8 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2736 - attendance at a function serving a Valid Public Purpose. Attended the NAACP 2738 30th Annual Freedom Fund Banquet on October 27, 2012. The sum of $100 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 2739 - attendance at a function serving a Valid Public Purpose. Attended the Junior 2741 Achievement Awards on October 30, 2012. The sum of $74 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Hiller requests Board approval for reimbursement regarding Pg. 2742 - attendance at a function serving a Valid Public Purpose. She will be attending 2746 the 2012 Citizen of the Year Banquet on November 13, 2012. The sum of $35 to be paid from Commissioner Hiller's travel budget. S. Advisory Board vacancies dated October 25, 2012. Pg. 2747 - 2751 I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous correspondence to file with action as directed. Document(s) Pg. 2752 - have been routed to all Commissioners and are available for review in the BCC 2753 office until approval. 2. Advisory Board minutes and agendas to file with action as directed. Pg. 2754 - Document(s) have been routed to all Commissioners and are available for 2756 review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1. Submission of the investment status update report for the quarter ending Pg. 2757 - September 30, 2012. 2761 2. To obtain Board approval for disbursements for the period of October 6, 2012 Pg. 2762 - through October 12, 2012 and for submission into the official records of the 2776 Board. 3. To obtain Board approval for disbursements for the period of October 13, 2012 Pg. 2777 - through October 19, 2012 and for submission into the official records of the 2792 Board. 4. To obtain Board approval for disbursements for the period of October 20, 2012 Pg. 2793 - through October 26, 2012 and for submission into the official records of the 2810 Board. 5. Recommendation to approve a budget amendment recognizing Federal HHS Pg. 2811 - Vote Program Grant Award 2008 Funds for Voting Accessibility for Individuals 2826 with Disabilities in the amount of $11,315.73. 6. Recommendation to endorse the United States Department of Justice and Pg. 2827 - United States Department of Treasury combined Equitable Sharing Agreement 2833 and Certification through September 2013. 7. Recommendation to approve and authorize the Chairman to sign an Agreement Pg. 2834 - Authorizing the Collier County Sheriffs Office to have Traffic Control 2845 Jurisdiction over Private Roads within the Summit Place Subdivision. 8. Request that the Board of County Commissioners accepts and approves capital Pg. 2846 - asset disposition records for the time period October 1, 2011 through 2858 September 30, 2012. 9. Request for authorization to advertise an ordinance which would establish Pg. 2859 - limitations, in addition to those set forth in Chapter 538, Part I, Florida Statutes, 2864 on the sale and /or purchase of secondhand goods (secondhand dealers). K. COUNTY ATTORNEY 1. Recommendation to approve a Stipulated Final Judgment as to Parcel 215RDUE Pg. 2865 - in the lawsuit styled Collier County v. Giovanni Castellana, et al., Case No. 12 -CA- 2873 2508 (Everglades Boulevard Intersection Improvements at 18th Avenue N.E., Project No. 60016). (Fiscal Impact: $6,900) 2. Recommendation that the Board of County Commissioners, in its capacity as Pg. 2874 - the Collier County Airport Authority, memorializes its October 23, 2012 2886 extension of, and amendments to, the Collier County Airport Authority Executive Director's Employment Agreement, and authorizes the Chairman to execute the Extension and Amendment Agreement. Recommendation to authorize the County Attorney to file a lawsuit on behalf of Pg. 2887 - the Collier County Board of County Commissioners, against Timothy Hilts in the 2889 Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair to a fire hydrant, sidewalk and street damaged by him in the amount of $29,649, plus costs of litigation. 4. Recommendation to authorize the County Attorney to file a lawsuit on behalf of Pg. 2890 - the Collier County Board of County Commissioners, against Viviana Pineda- 2892 Lopez in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the repair to a guardrail damaged by her in the amount of $3,148.04, plus costs of litigation. Recommendation to authorize the County Attorney to file a lawsuit on behalf of Pg. 2893 - the Collier County Board of County Commissioners against Angela Hendricks 2895 and Deandre Nikko Woods in the County Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for the clean -up by County personnel and repair to the roadway damaged by them in the amount of $2,697.58, plus costs of litigation. 6. Recommendation to approve a Settlement Agreement in the sum of $61,250 Pg. 2896 - and direct the County Attorney to file all documents necessary to end with 2903 prejudice the lawsuit styled David Scribner v. Collier County Board of County Commissioners, Case No. 2:10 -cv- 728- FtM- 29- JES -DNF, now pending in the United States District Court, Middle District of Florida Fort Myers Division. (Fiscal Impact: $61,250). 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. Pg. 2904 - Should a hearing be held on this item, all participants are required to be sworn in. 3200 Recommendation to approve an Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, for a project identified as PUDZ- A- PL20120000303: Mirasol RPUD, amending Ordinance Number 2009 -21, the Mirasol Residential Planned Unit Development, by increasing the permissible number of dwelling units from 799 to 1,121; by amending Ordinance Number 2004 -41, the Collier County Land Development Code by amending the appropriate zoning atlas map or maps by changing the zoning classification of an additional 95± acres of land zoned Rural Agricultural (A) to the Mirasol RPUD; by revising the development standards; by amending the master plan; and adding deviations and revising developer commitments. The property is located on the north side of Immokalee Road (CR 846) bordered on the east by Broken Back Road and future Collier Boulevard (CR 951) in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida consisting of 1,638.6± acres; and by providing an effective date. B. This item requires that ex parte disclosure be provided by Commission members. Pg. 3201 - Should a hearing be held on this item, all participants are required to be sworn in. 3318 Recommendation to consider a Resolution amending Resolution Numbers 2004 -89 and 2005 -234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to add an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. [Petition Number SRAA- PL20120000705 and companion to DOA- PL2012- 000011601 C. This item requires that ex parte disclosure be provided by Commission members. Pg. 3319 - Should a hearing be held on this item, all participants are required to be sworn in. 3464 Recommendation to consider a resolution amending Resolution Number 05 -235 (Development Order No. 05 -01), as amended by Resolution No. 11 -132 (Development Order No. 11 -03), for The Town of Ave Maria Development of Regional Impact ( "DRI ") located in Sections 31 Through 33, Township 47 South, Range 29 East and Sections 4 Through 9 and 16 Through 18, Township 48 South, Range 29 East in Collier County, Florida by providing for: Section One, Amendments to Development Order by revising Exhibit "C" and Map "H" contained in the DRI Development Order to add an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department of Economic Opportunity and effective date. [Petition number DOA- PL20120001160 and companion to SRAA- PL201200007051 D. This item requires that ex parte disclosure be provided by Commission members. Pg. 3465 - Should a hearing be held on this item, all participants are required to be sworn in. 3475 Recommendation to approve Petition VAC- PL20120001426, to disclaim, renounce and vacate the County and the Public interest in part of the 10 -foot Utility Easement located in Lot 1, Block I, Gulf Acres, as recorded in Plat Book 1, Page 111, of the Public Records of Collier County, Florida, located in Section 22, Township 49 South, Range 25 East, Collier County Florida, more specifically shown in Exhibit A. E. This item requires that ex parte disclosure be provided by Commission members. Pg. 3476 - Should a hearing be held on this item, all participants are required to be sworn in. 3539 CU- PL20120001757, Mac Business Plaza, a Resolution of the Board of Zoning Appeals of Collier County, Florida, providing for the establishment of a Conditional Use in a C- 3 zoning district to allow up to four buildings on four different parcels of up to 15,000 square feet each of gross floor area in the principal structures for food stores, food services, personal services, video rentals, or retail uses pursuant to subsections 2.03.03.C.1.c.10, 2.03.03.C.1.c.16 and 2.03.03.C.1.c.17 of the Collier County Land Development Code for property located at the southeast corner of Tamiami Trail East and Barefoot Williams Road in Section 33, Township 50 South, Range 26 East, Collier County, Florida. F. Recommendation to adopt a resolution approving amendments (appropriating carry Pg. 3540 - forward, transfers and supplemental revenue) to the Fiscal Year 2012 -13 Adopted 3542 Budget. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.