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Backup Documents 04/12-13/2011 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 12-13, 2011 9:00 AM Fred W. Coyle, BCC Chairman; Commissioner, District 4 Jim Coletta, BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala, BCC Commissioner, District 1; CRAB Vice-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. Page 1 April 12-13, 2011 .. ~EQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON fHIS 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 VERBA TIM 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 . USTENING DEVICES FOR THE HEARING IMP AIRED ARE A V AILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Bruce Frogge - First Christian Church 2. AGENDA AND MINUTES A. Approval of to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and/or Adopted with changes - 5/0 B. March 11,2011 - BCC/EDC Workshop Approved as presented - 5/0 C. March 11,2011 - BCC/Strategic Planning Workshop Page 2 April 12-13, 2011 Approved as presented - 5/0 D. March 22, 2011 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS 4. PROCLAMATIONS (One Motion Taken to Adopt all Proclamations) A. Proclamation designating April 15 and 16, 2011 as Relay for Life Days. To be accepted by Melissa Wolf, Community Representative; Kathleen Coppola, Event Chairman and Mary Jo Thurston, Survivor. Sponsored by Commissioner Fiala. Adopted - 5/0 B. Proclamation designating April as Water Conservation Month. To be accepted by Paul Mattausch, Water Department Director and Lisa Koehler, Community Outreach and Media Specialist from South Florida Water Management District. Sponsored by Commissioner Fiala. Adopted - 5/0 C. Proclamation designating April, 2011 as Sexual Assault Awareness Month. To be accepted by Shaina Hicks, Project Help, Inc. Sponsored by Commissioner Coyle. Adopted - 5/0 D. Proclamation designating April 13 through April 23, 2011 as our official participation in "Taking it to the Streets SWFL" and April 19, 2011 as "Try Transit Day". To be accepted by Michelle Arnold, Alternative Transportation Modes Director and Glama Carter, Alternative Transportation Modes Manager. Sponsored by Commissioner Coletta. Adopted - 5/0 E. Proclamation designating April 10 through April 16, 2011 as National Crime Victims Rights Week. To be accepted by Lisa Reddick and Linda Oberhaus, Shelter for Abused Women and Children; Angela Larson, Collier County Sheriff's Office; Betty McGuire-Ardaya, State Attorney's Office; and Shain a Hicks, Project Help, Inc. Sponsored by Commissioner Fiala. Adopted - 5/0 Page 3 April 12-13, 2011 F. Proclamation designating April, 2011 as National Financial Literacy Month. To be accepted by Victoria Stephan, President of Junior Achievement of Southwest Florida, Inc. and M J Scarpelli, Special Events Coordinator, Junior Achievement of Southwest Florida, Inc. Sponsored by Commissioner Hiller. Adopted - 5/0 G. Proclamation designating April 22, 2011 as Earth Day in Collier County. To be accepted by Dan Rodriguez, Solid Waste Management Director, Staff from Solid Waste Management and the Public Utilities Division. Sponsored by Commissioner Fiala. Adopted - 5/0 H. Proclamation congratulating Naples Land Yacht Harbor for receiving the Waste Reduction Awards Program (WRAP) Award. To be accepted by Dan Rodriguez, Solid Waste Management Director; Stafffrom Solid Waste Management; Mary Butler, President of Naples Land Yacht Harbor Board of Directors and Jenny and Neil Gunner. Sponsored by Commissioner Coyle. Adopted - 5/0 5. PRESENT A TIONS A. Presentation of the Collier County "Business of the Month" award to Fischer International. To be accepted by Andrew Sroka, CEO & President. Presented B. Recommendation to recognize Tona Nelson, Senior Administrative Assistant, Parks and Recreation Department as the Employee of the Month for February, 2011. Presented 6. PUBLIC PETITIONS A. Public Petition request from Mr. John O. Elliott asking the Board to consider an adjustment to his water bill. Motion to bring back at a future BCC Meeting - Failed due to lack of second; Petitioner to work with the Public Utilities Division to address billing matter Page 4 April 12-13, 2011 ,_.....' _...... .._......" __,"'''_''_',_,-..~d~._'''. ,_.~.~~_~_'._._ B. Public Petition request from Ms. Kathleen Reynolds regarding funding for the Early Learning Coalition of Southwest Florida. Motion to fund the full request of $25,000 recognizing item as an economic incentive and to further discuss a possible partnership for future funding requests at the May Meeting between the BCC and the School District - Approved 5/0 C. Public Petition from Ms. Laura DeJohn representing the East Naples Foundation requesting coordination of efforts with the County. Approved - 5/0 Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. 7. BOARD OF ZONING APPEALS Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet) A. This item requires that ex parte disclosure be provided bv Commission Members. Should a hearine be held on this item, all participants are required to be sworn in. DOA-PL201O-1052: Olde Cypress Development, LTD and Vita Pima, LLC, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Yovanovich of Coleman, Yovanovich & Koester, P.A., request a change to the previously approved Olde Cypress Development of Regional Impact DRI, in accordance with Florida Statutes, Subsection 380.06(19). The proposed modifications add 63.9 acres into the DR! boundary, amend Map H and remove the 3.9 acre park requirement to incorporate this change. Subject property consisting of 602:J:: acres is located in Sections 21 and 22, Range 48 South, Township 26 East, Collier County, Florida. (Companion to PUDZ-PL201O-1054 and PUDA-PL2010-388) 8. ADVERTISED PUBLIC HEARINGS Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet) A. This item requires that ex parte disclosure be provided bv Commission members. Should a hearinl!: be held on this item, all participants are required to be sworn in. PUDZ-PL2010-1054: Vita Pima, LLC, represented by Christopher R. Mitchell, P.E. of Waldrop Engineering, P.A., and Richard D. Y ovanovich, Esquire, of Coleman, Y ovanovich & Koester, P.A., request a Rezone from the Residential Planned Unit Development (RPUD) Zoning District with a Special Treatment (ST) Overlay for a Page 5 April 12-13, 2011 _ ... '__ _.~..n_~'.~_""_'~"__""'___'''O>_''_',_',^'' , - project known as the HD Development RPUD, and the Agricultural (A) Zoning District, to a RPUD Zoning District to allow for development of a maximum of 125 single-family residential units and 33 multi-family units, and associated accessory uses. The 65.29:J:: acre subject property is located along the north side of Immokalee Road (CR 846) approximately 330 feet east ofOlde Cypress Boulevard in Section 21, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA-PL2010-1052 and PUDA-PL20 1 0-388) Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet) B. This item requires that ex parte disclosure be provided by Commission members. Should a hearinl!: be held on this item, all participants are required to be sworn in. PUDA-PL20l0-388: Olde Cypress Development, L TD, represented by Chris Mitchell of Waldrop Engineering, P.A. and Richard D. Y ovanovich, Esquire, of Coleman, Y ovanovich & Koester, P.A., request a PUD Amendment for the Olde Cypress PUD. The PUD Amendment request is to reduce the project density from 1,100 dwelling units to 942 dwelling units and remove the requirement of trails and a park (3.9 acres minimum) within the Olde Cypress PUD/DRI. Subject property is located in the Olde Cypress Subdivision, Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida. (Companion to DOA- PL20 1 0-1 052, Olde Cypress DR! and PUDZ-PL20 10-1054, HD Development RPUD) Time Certain 1:00 p.m. (Per Agenda Change Sheet) C. Petition CP-2008-5, requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and re-designation of approximately 103 acres to the Immokalee Urban Area from the Agricultural/Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, staff requests amendments to the Future Land Use Map and Map Series of the Future Land Use Element to show the re-designation of the 103 acres to the 1mmokalee Urban Area. (Adoption Hearing) Motion to continue until after the Immokalee CRA's meeting (to include the Airport Authority) on April 20, 2011 and bring back to the Board with recommendations at the May 24, 2011 Meeting - Approved 5/0 Page 6 April 12-13, 2011 _..___'" '_'_'~ _"__._.,_."m_'~"__,,_,"_'.'.____.'__..______,._....__"_ :J. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Tourist Development Council. Resolution 2011-67: Reappointing Clark Wakefield Hill and Robert A. Miller - Adopted 5/0 B. Appointment of members to the Forest Lakes Roadways and Drainage Advisory Committee. Resolution 2011-68: Appointing Kenneth Emil Bloom and Kevin Mckyton - Adopted 5/0 C. Appointment of members to the Animal Services Advisory Board and a change of category for an existing member. Resolution 2011-69: Appointing Marjorie Bloom (at-large category w/term expiring April 13, 2012); Re-appointing Sergeant David Estes (Law-enforcement category w/term expiring April 13, 2015); and relocating existing Board Member James Rich, from the "at-large" category to the "animal activist group" category w/term expiring April 13, 2015 - Adopted 5/0 D. Appointment of a member to the Ochopee Fire Control District Advisory Committee. Resolution 2011-70: Appointing Joel Anthony Davis - Adopted 5/0 E. Supreme Court of Florida's Court Ruling on Board of County Commissioners of Collier County vs. Dwight Brock, dated November 10, 2010. (Commissioner Henning) Motion to have the Clerk Audit the $230 Million Capital Improvement Plan Fund - Motion failed due to lack of second F. Recommendation to discuss possible amendments to Ordinance No. 75-16, as amended, relating to the meetings of the Collier County Board of County Commissioners that will introduce rules of decorum and civility. (Commissioner Henning) Motion to amend meeting ordinance regarding agenda/meeting procedures and County Attorney to bring back for review - Approved 5/0; Staff to include on the agenda change sheet why an item was pulled, continued or withdrawn on a trial basis; County Attorney to bring back Page 7 April 12-13, 2011 ._._-_._----_...._-_._----~---,----_.-.._'-_...^--_. ,--...-- '---.-" Resolution of what defines a Consent Agenda item for the BCC to update due to the age of the current one Time Certain 11 :00 a.m. (Per Agenda Change Sheet) G. 2010 Census Count for Lee, Collier and Hendry Counties (Commissioner Henning) Direction given to the County Attorney to look into the issue and bring back a report to the Board consisting of his recommendations for further action - Approved 5/0 Moved from Item #16H4 (Per Agenda Change Sheet) H. Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Chabad of Naples Annual Benefit Evening & Gala on April 10, 2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be paid from Commissioner Henning's travel budget. Motion to approve Commissioner Henning's expenditure - Approved 4/0 (Commissioner Henning abstained); County Attorney to develop a policy for reimbursements and to limit it to food and beverage only. 10. COUNTY MANAGER'S REPORT A. Recommendation to approve the application of a Housing and Urban Development (HUD) Community Development Block Grant (CDBG) in the amount of$I,790,000 to construct a Community Center at Eagle Lakes Community Park; authorize the necessary leveraging associated with restricting the land on which the facility would be built; and authorizing the Parks and Recreation Director to serve as the certifying representative for the application. (Barry Williams, Parks and Recreation Director) Approved - 5/0 B. Recommendation to approve and authorize the Chairman to sign Agreement #B-11-UN-12-003 with the U.S. Department of Housing and Urban Development to accept entitlement funding for Neighborhood Stabilization Program 3, in the amount of$3,884,165 and approve associated budget amendments. (Marcy Krumbine, Housing, Human and Veteran Services Director) Approved - 3/2 (Commissioner Hiller and Commissioner Henning ..- opposed) Page 8 April 12-13, 2011 ~._ .._ __ -"0 _.__'_'_.,_._..__.___._".,...._."..._._~_,.~..'_.__..~,..'.___H_.___ .~.__.."_..~'''__.._~.,.~_..~_..,,._....__.._"_~._,~,...._,"'__,.____' C. Recommendation to adopt a resolution authorizing condemnation of easements necessary for construction of a replacement bridge on White Boulevard and new bridge on 23rd Street SW, both over the Golden Gate Main Canal, together with the realignment of the intersection of White Boulevard and 23rd Street SW. (Transportation Bridge Repair and Replacement Program, Project No. 66066.) Estimated fiscal impact: $550,000. (Jay Ahmad, Transportation Engineering Director) Resolution 2011-71 Adopted - 3/2 (Commissioner Hiller and Commissioner Henning opposed) D. Request to reconsider award ofRFP #10-5450 - Asphalt Roadway, Concrete, Curb, Sidewalk and Driveway Installation. (Estimated annual expense is $2,000,000) (Steve Carnell, Purchasing Director) Motion to deny contract - Failed 2/3 (Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed); Motion to continue until next meeting with clarification from both the Clerk's Office and County Attorney's Office to state what their concerns are - Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) April 13, 2011 E. Recommendation to approve contracts for Request for Proposal (RFP) #09-5262 - S for Engineering Services for Collier County (estimated annual expenditures $2,000,000). (Steve Carnell, Purchasing Director) Approved - 5/0 April 13, 2011 F. Recommendation that the Board approves prepayment of the Series 2008 Conservation Collier Bonds in the amount of $7,126,908, plus interest accrued. (Mark Isackson, Corporate Financial and Management Services Director) Approved - 5/0 Withdrawn (Per Agenda Change Sheet) G. Recommendation to approve a form Easement Agreement for use between Collier County and beachfront property owners, requiring property owners to provide public beach access in exchange for publicly funded major beach renourishment, vegetation planting and dune restoration of the subject property. (Gary McAlpin, Coastal Zone Management Director) Page 9 April 12-13, 2011 --, -.---- '---"--'-'''''-'~''-''---'''''^"-'-'.''-~--.__.~---~-",-"-.__.,.._~_..,- .-\priI13,2011 H. Recommendation for the Board of County Commissioners to adopt three Resolutions and approve the related lease agreements for newly-elected government officials to utilize County-owned office space for the annual revenue of$30. (Skip Camp, Facilities Management Director) Resolution 2011-72: Approving a Lease Agreement with State Representative Kathleen Passidomo, District 76, for office space within the Collier County Government Administration Building, Suite 304 - Resolution 2011-73: Approving a Lease Agreement with State Representative Jeanette Nunez, District 112, for office space within the Collier County Government Administration Building, Suite 305 - Resolution 2011-74: Approving a two-year Lease Agreement with United States Congressman David Rivera for office space within Collier County's Golden Gate Community Center, 4715 Golden Gate Parkway, Suite 1 - Adopted 5/0 April 13, 2011 Moved from Item #16D9 (Per Agenda Change Sheet) I. Recommendation to approve and authorize the Chairman to sign a Settlement Agreement and Mutual Release with Johnson Engineering for $134,000, to resolve any and all claims and issues associated with the Good1and Boat Park and approve and authorize the Chairman to sign award of Contract #09-5262-S to Johnson Engineering for Engineering Services for Collier County. Approved (Staff's recommendations) - 5/0 April 13, 2011 Moved from Item #16A13 (Per Agenda Change Sheet) J. Recommendation to enter into a contract for services with AIM Engineering to complete a feasibility study with conceptual plans for pedestrian or bicycle facilities at the 1-75 and Immoka1ee Road Interchange in an amount up to $315,000. (FDOT Project #416237-1-38-01) Motion to deny petition with County Attorney to obtain temporary hire to complete the project - Failed due to lack of a second; Motion to continue agenda item - Approved 5/0 11. COUNTY ATTORNEY'S REPORT Page 10 April 12-13, 2011 ,-. "~,--"",-",~-",,,'--"~---'--'-,",~.~-~, ._---"-_.__.._.....---.'~_._.<.~.._--_._._-~.~."~- -. -...._----~"-,--,---"--" >12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Moved from Item #16G4 and Time Certain 11 :30 a.m. (Per Agenda Change Sheet) A. Recommendation to authorize the County Attorney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location at the Immokalee Regional Airport, and to pursue any hold-over rent, damages, and costs that may be due and owing to the Airport Authority. Motion to continue w/tenant meeting with the Airport Director and County Attorney's Office no later than Friday, April 15, 2011 to work through issues - Approved 5/0 14. PUBLIC COMMENTS ON GENERAL TOPICS A. Duane Billington - Meeting process on public petition B. Nancy Payton - Master Mobility Plan and public participation C. Kenneth Thompson - Code Enforcement issues April 13, 2011 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Leo Ochs - Meeting with School Board on May 25, 2011 in BCC Chamber; Letter from Rich Yovanovich regarding change in payment schedule for impact fees - To be brought back - Consensus B. Jeff Klatzkow - Seeking future direction regarding procedures relating to existing litigation - Motion directing Commissioners not to be involved in any existing litigation settlement discussions unless authorized by the Board - Approved 5/0 C. Commissioner Henning - Advertising signs within the right-of-way; Clam Pass Bridge piling; Parks Ordinance is conflicting with State Law - County Attorney to revise ordinance to remove any conflicts - Consensus D. Commissioner Coletta - Trip to Tallahassee; Report and update from the Productivity Committee - Eliminating tasks 1,2,4 and 5 from list of items for review by the Committee - Consensus; Motion for Committee to review remaining tasks - Approved 5/0; His opinion of limiting a Commissioner's use of staff time to 2 hours .-. E. Commissioner Coyle - Letter from Dr. Tober regarding policy changes Page 11 April 12-13, 2011 """--'-.~",^,---,-,--,----~ ~.~--".~.,--~--,----~,+".,." .--.---'-' to the Fire Districts - To be placed on future agenda - Consensus F. Commissioner Hiller - Backup material needs to be provided to Advisory Boards; She will not use staff's time for information; Requests all disclosures regarding Arthrex G. Commissioner Henning - Motion to Adjourn - Consensus ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Approved and/or Adopted with changes - 5/0 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water and sewer utility facilities for Lely Cultural Parkway and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 2) Recommendation to grant final Conditional approval of roadway (private) and drainage improvements for the final plat of Heritage Bay Phase Two-A, pursuant to Section 10.02.05 C.8 of the Land Development Code with roadway and drainage improvements being privately maintained and authorizing release of the maintenance security except to the extent necessary to ensure completion of the final paving improvements. Resolution 2011-64 3) Recommendation to accept and approve the completed alternative road impact fee calculation study, conducted in accordance with the provisions of Section 74-204 of the Collier County Code of Laws and Ordinances, the review completed by Tindale-Oliver and Associates, Inc., and the resulting Road Impact Fee rate of$68,393 per 1,000 square feet for the Taco Bell restaurant being constructed at 4201 Tamiami Trail East. Located slightly south of the corner of Lakewood Boulevard and Tamiami Trail East (US 41) Page 12 April 12-13, 2011 ---~,--_._,_._--~. -" ,,--- .....--" ....._-~......_.,._-,--.--._-...~'"'_._--,-,--- ..-----'''~",<,.....- '''.._._...~-_._--~~._'----_.,-_..,_._.._-_.-,_..__..._.." 4) Recommendation to award Invitation to Bid (ITB) #10-5588R for Purchase and Deliveries of Fungicides, Pesticides and Herbicides to Alligare LLC, Diamond R Fertilizer Co., Inc., Forestry Resources Inc., Helena Chemical Company, Red River Specialties Inc., and Univar USA Inc., in no particular order. Estimated annual expense: $350,000. Utilized by a variety of County Departments and also includes John Deere Landscaping in the bid award 5) Recommendation to award ITB # 11-5651 "Hurricane Shutters for the Traffic Management Center and Maintenance Building" of the Growth Management Division to Storm Smart Building Systems Inc. and approve a necessary budget amendment in the amount of$68,750. For the sale and installation of roll-down shutters to protect all windows at the Traffic Management Center and Maintenance Building at the County's Growth Management Division 6) Recommendation to approve an amendment to Contract # 10-5455 Management Contract for the Collier Area Transit (CAT) Fixed Route and Paratransit Program, to clarify ownership rights to Zonar@ equipment purchased by the contractor, Tectrans, Inc., and installed in CAT vehicles and authorize an Agreement amongst Zonar@ Systems, Inc., Tectrans, Inc. and Collier County that assigns Tectran's current annual Zonar@ subscription to Collier County at no cost. To clarify that after installation, the electronic vehicle-trip monitoring and tracking equipment is county owned property 7) Recommendation to approve an Addendum to Software License and Services Agreement and Customer Support Agreement Between RouteMatch Software, Inc. and Collier County; to update licensing and TD trip planning and dispatch software with a current version compatible with Windows 7 at an estimated cost of$33,260. Includes annual hosting, support and maintenance fees and four additional licenses to allow designated employees software access 8) Recommendation to enter into an Interloca1 Agreement with Lee County to coordinate a public transit link that is being implemented by Lee County between Lee and Collier Counties. Page 13 April 12-13, 2011 ,-_.- '--,~_.._-,-.~- ------_.-..--_..._.._'<----_.__._-,--------,--,_.__._---~- As detailed in the Executive Summary 9) Recommendation to adopt the Collier Area Transit Mobility Management Plan and authorize the County Manager, or his designee, to implement suggested recommendations; not to exceed $46,000 from Federal Stimulus Grant. (ARRA FTA Section 5311) To help educate potential riders about the program through printed and electronic media and provide options and information on how to use the fixed route system to) Recommendation to approve the Selection Committee's Ranking in response to Request for Proposal (RFP) # 11-5621, for design services for the Collier Area Transit (CAT) Passenger Transfer Facility (Radio Road), and direct the County Manager, or his designee, to bring a negotiated contract back to the Board for approval. Selecting PBS&J for design engineering services for CA T's permanent transfer station, construction of a fueling island, bus wash facility, ADA compliant restrooms and improvements to support existing operations, safety and security 11) Recommendation to recognize FY 2010/2011 Federal Transit Administration Section 5311 additional revenue in the amount of $28,798 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. Requiring a local match of funds that will be used to offset operating costs for Immokalee Circulator Routes 8A & 8B 12) Recommendation for the Board of County Commissioners to approve a FY2009/2010 5309 Federal Transit Administration (FTA) grant award in the amount of $274,000 for capital improvements to the secondary transfer facility located on Radio Road and approve a budget amendment to recognize and use these funds. Requires a 20% match that will be satisfied by using toll-revenue credits, a non-cash exchange from Florida's DOT on behalf of Collier County Moved to Item #10J (Per Agenda Change Sheet) 13) Recommendation to enter into a contract for services with AIM Engineering to complete a feasibility study with conceptual plans Page 14 April 12-13, 2011 -'.'--"-'~-- _"'_-"'-~"".',_"~"-"~,,,,,,- ~~--------"--"---"'-~'-~~-'~----- for pedestrian or bicycle facilities at the 1-75 and Immokalee Road Interchange in an amount up to $315,000. (FDOT Project #416237-1- 38-01) B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Sweat Equity Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3180 Caledonia A venue, Fiscal Impact: $1,000) For exterior residential upgrades that includes replacing fascia, gutters and exterior paint C. PUBLIC UTILITIES DIVISION 1) Recommendation to authorize the County Manager or designee to notify the Florida Department of Environmental Protection of the intent to decline a proposed funding to the State Revolving Fund Loan Agreement (DW1111 030) for the South County Regional Water Treatment Plant 12-Million Gallons per Day Reverse Osmosis Plant Expansion Project. (Project #700971) Foregoing this pre-approved line of credit saves approximately $332,000 in annual debt service payments and leaves an existing debt of $17,039,056 Continued to the April 26, 2011 BCC Meeting (Per Agenda Change Sheet) 2) Recommendation to approve Hazard Mitigation Grant Program Contract Agreement # 1IHM-3E-09-21-0 1-026, with State of Florida Division of Emergency Management, in the amount of $240,000, to apply towards costs associated with the installation of 1,430 linear feet of six-inch high density Polyethylene Leachate Pipe at the Collier County Landfill, and authorize corresponding budget amendments. 3) Recommendation to approve conveyance of an easement to Florida Power & Light Company for providing electric services for the North Collier Recycling Drop-off Center facility, at a cost not to exceed $27. An easement measuring approximately 15,861 square feet 4) Recommendation to approve conveyance of an easement to Florida Page 15 April 12-13, 2011 __.____~.___".~~.~,~._..__...~~,___........__"___>_"'_,.m'._ "'>"'_~______.'~'~~__,-"__"'._.__ Power & Light Company for providing electric services and fiber connection for construction of the landfill gas-to-energy facility at the Collier County Landfill, at no cost to the County. An easement measuring approximately 16,745 square feet 5) Recommendation to reject proposals received under RFP #11-5648 for Disaster Recovery Assistance Services to ensure compliance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act and Federal Highway Administration requirements for state and federal contracts that qualify for reimbursement, and authorize staff to re-so1icit a modified RFP. Ensuring language in the proposal complies with the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the Federal Highway Administration to maximize any potential reimbursement from State and Federal agencies D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a change order for a project award extension in excess of six (6) months for grant-related residential rehabilitation activities funded by the Collier County Neighborhood Stabilization Program. Extending rehab work at 5031 32nd Ave SW due to unforeseen circumstances 2) Recommendation to approve and authorize the Chairman to sign four (4) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from the developer to owner occupants with a continuing fiscal impact of $59,065.45. Transferring agreements from Habitat For Humanity to owners: Menard Charles and Fritzleine Charles Etienne (Lot 8, Regal Acres); Javier Gonzalez Vera (Lot 134, Liberty Landing); Francisco Galvan and Raquel Ligas (Lot 136, Liberty Landing) and Josephine Rozier and Jean B. Lacoste (Lot 13, Regal Acres) 3) Recommendation to approve and authorize the Chairman to sign one (1) release of lien for deferral of 100% of Collier County impact fees Page 16 April 12-13, 2011 "...."..__...~._---,-_.~"-"._-"'--,~<_...~--~,,~-~..._~.-,~,-~.~""'""""" -. "~.,-"_--.." ~,.".,,-.~,~'._~~>-,~,_.- for an owner occupied affordable housing dwelling unit that has been repaid in full. Releasing a $13,149.98 lien with Habitat for Humanity of Collier County for property at Lot 39, Charlee Estates 4) Recommendation to approve and authorize the Chairman to sign one (1) Satisfaction of Mortgage an owner occupied affordable housing dwelling unit that has been repaid in full to Collier County. Satisfaction of Mortgage with Flavio E. Velecela and Martha Velecela for property at Lot 39, Charlee Estates 5) Recommendation to approve and authorize the Chairman to sign three (3) grant agreements accepting the Continuum of Care Homeless Assistance grant award from the U.S. Department of Housing and Urban Development (HUD) totaling $330,761 and approve budget amendments to recognize funds associated with this award. Funding Agreements with St. Matthew's House for the Wolfe Apartments ($113,116); Shelter for Abused Women and Children ($113,000) and Housing Human &Veteran Services ($104,645) 6) Recommendation to approve electronic submittal of the Senior Corps. Retired and Senior Volunteer Program (RSVP) application for grant renewal to the Corporation for National and Community Service, for continuation of the Collier County sponsored RSVP program in the amount of $68, 152. For the grant period (if approved) September 30, 2011 through September 29, 2012 and requiring the local match of $29, 208 7) Recommendation to approve and authorize the Chairman to sign agreements with the David Lawrence Center and the National Alliance on Mental Illness of Collier County, Inc. to operate the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant and associated budget amendments. Funding is provided through Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. Grant funds of $182,830 were awarded to help those with mental illness, a substance abuse or co-occurring mental health/substance disorder and are currently in or at risk of entering the criminal or juvenile justice system Page 17 April 12-13, 2011 -- '..~--,-_.._-----~---_._-"'---_"'""'_'_---- .~_-.-_.~_.- 8) Recommendation to approve and authorize the Chairman to sign the Summer Food Service Program Grant Agreement in the amount of $769,208.83 for FY 2010/2011 and approve associated budget amendments. Providing an estimated 129,000 breakfasts and 172, 000 lunches to children living in the County's disadvantaged neighborhoods Moved to Item #101 (Per Agenda Change Sheet) 9) Recommendation to approve and authorize the Chairman to sign a Settlement Agreement and Mutual Release with Johnson Engineering for $134,000, to resolve any and all claims and issues associated with the Goodland Boat Park and approve and authorize the Chairman to sign award of Contract #09-5262-S to Johnson Engineering for Engineering Services for Collier County. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to authorize the sale of Collier County surplus property on April30, 2011. W/Atkinson Realty & Auction, Inc., providing auctioneer services 2) Recommendation to approve procurement of background checks and fingerprinting from the Florida Department of Law Enforcement and the Federal Bureau of Investigation as the sole source provider for an estimated annual amount of$100,000. For record checks performed on applicants, current employees, vendors, contractors and/or those deemed critical to security or public safety regarding county owned and operated facilities 3) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period February 16,2011 through March 24, 2011 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize acceptance of a Volunteer Fire Assistance Grant award to the Ochopee Fire Control District in the amount of $4,125 for the purpose of purchasing fire hose for brush vehicles and Class A Foam. Page 18 April 12-13, 2011 -.....--..- ---..' ..' .~---,.__._",.. '-'~------'>-_.'---_'~-- ..._."._h..'__..._..._...._ 'n _,_ .... _.__,__.___._..___~_.__".,._.__.N_.._...._...__ The 50/50 grant will help equip two vehicles currently on loan from the Division of Forestry with valuable protection resources 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010-11 Adopted Budget. Resolution 2011-65 3) Recommendation to authorize a Budget Amendment appropriating $37,110 that will provide funding for the Legal Aid Society within the Court System to cover Article V revenue shortfalls for FY 2011. Per terms of an agreement with Collier County Legal Aid that expires September 20, 2013 4) Recommendation to authorize a representative of the County Tourism Department to file a claim in the sum of $450,000 on behalf of Collier County for lost tourist development tax revenue in the multi-district litigation relating to the Deepwater Horizon oil spill. (Civil Action No. 10-9999, U.S. District Court for the Eastern District of Louisiana) For revenue lost over the months of July thru September, 2010 G. AIRPORT AUTHORITY 1) Recommendation to approve a budget amendment for engineering, consulting and design services required for repairs to taxiway alpha wiring and replacement of the rotating beacon at the Immokalee Regional Airport. ($6,230) Eighty-percent (80%) of costs will be funded through Master Joint Participation Agreement (MJPA) 2010-A with the Florida Department of Transportation 2) Recommendation to approve and authorize the Chairman to execute a Resolution authorizing execution of "Master Joint Participation Agreement #2011-A" with Florida Department of Transportation, to fund projects at the Everglades Airpark, Immokalee Regional Airport and Marco Island Airport and authorize associated budget amendments. Resolution 2011-66 Page 19 April 12-13, 2011 " _...,,~,._,_".~..___~..,~,.__~_____~_,,___..'_O_"'__"~~'~M___""'___'_'_'____'_ _.._~-,.-~-~._- .w~,...._.,. 3) Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Chairman to execute Contract #10-5600, Construction, Engineering and Inspection (CEI) Services for the Marco Island Executive Airport Taxiway Project in the amount of $484, 195 with URS Corporation Southern. Partially funded through FAA & FDOT Grants to provide overall construction administration and support services Moved to Item #13A (Per Agenda Change Sheet) 4) Recommendation to authorize the County Attorney to take all necessary action, including filing a lawsuit, to evict Gregory Shepard from his present location at the Immokalee Regional Airport, and to pursue any hold-over rent, damages, and costs that may be due and owing to the Airport Authority. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Marine Corps League "Honor the Free Press Day" Luncheon at the Hilton Hotel in Naples, FL on March 16, 2011. $30 to be paid from Commissioner Coletta's travel budget. Located at 5111 Tamiami Trail North, Naples, FL 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He will attend the 9th Annual Paradise Coast Tourism Star Awards Luncheon at the Marco Island Marriott Resort, Marco Island, FL on May 11,2011. $30 to be paid from Commissioner Coletta's travel budget. Located at 400 South Collier Boulevard, Marco Island, FL 3) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He will attend the Big Cypress Chapter Community Service Award Ceremony at the Country Club of Naples, Naples, FL on April15, 2011. $20 to be paid from Commissioner Henning's travel budget. Located at 185 Burning Tree Drive, Naples, FL Page 20 April 12-13, 2011 , '~_.___W""'_'_~""__'_,,_ _...._.._..___ _, "M -'___"_,,._,,'~,,'~,__* ."'-"....._...__._"._-_..;~~-~-~~..'._..~-,._._..~_..._.-...-,- Moved to Item #9H (Per Agenda Change Sheet) 4) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. He attended the Chabad of Naples Annual Benefit Evening & Gala on April 10,2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be paid from Commissioner Henning's travel budget. 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the 2011 Retired & Senior Volunteer Program (RSVP) of Collier County luncheon on March 30, 2011 at the Naples Hilton in Naples, FL. $25 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North, Naples, FL 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Chabad of Naples Annual Benefit Evening & Gala on April 10, 2011 at the Ritz-Carlton Hotel in Naples, FL. $150 to be paid from Commissioner Fiala's travel budget. Located at 280 Vanderbilt Beach Road, Naples, FL 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She will attend the 9th Annual Paradise Coast Tourism Star Awards Luncheon on May 11,2011 at the Marco Island Marriott Resort, Marco Island, FL. $30 to be paid from Commissioner Fiala's travel budget. Located at 400 South Collier Boulevard, Marco Island, FL 8) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. She attended the Chabad of Naples, Annual Benefit Evening & Gala, on April 10, 2011 at the Ritz-Carlton Hotel in Naples, FL. $50 to be paid from Commissioner Hiller's travel budget. Located at 280 Vanderbilt Beach Road, Naples, FL (Paid only the portion for food and beverage) 9) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 21 April 12-13, 2011 """,."_^_~"___,_,_,,,^,,_,~"'.._.mu,_._ ,..____..__.,.._._~._,__,_,,_"'.~._..._._=_..~,.._..,.~,~..<.,..""'~.._~.,~,.,",.,__,___, ..,0'..""....____,_........_._...."._... _"_".~_ ___. ,.,... ....__.,_.__ She will attend the 9th Annual Paradise Coast Tourism Awards Luncheon at the Marco Island Marriott Resort, Marco Island, FL on May 11, 2011. $30 to be paid from Commissioner Hiller's travel budget. Located at 400 South Collier Boulevard, Marco Island, FL I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to files for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of March 5, 2011 through March 11,2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of March 12, 2011 through March 18, 2011 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of March 19,2011 through March 25, 2011 and for submission into the official records of the Board. 4) Recommendation that the Board accept the investment status update report for quarters ending December 31, 2010 and March 31, 2011. As detailed in the Executive Summary K. COUNTY ATTORNEY 1) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against Max Stankeveh and Oliver Scott Vanoy, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, FL, to recover damages incurred by the County for repair to a traffic signal cabinet damaged by them in the amount of $15,417.81, plus costs of litigation. The result of an accident caused by a red-light runner at the Golden Gate Parkway/Sunshine Boulevard intersection Feb., 2010 Page 22 April 12-13, 2011 "._---_.~_..,_._."-~_._-~--,'. __~_..~__.W_n..~..'."._.__._.._..._.,.._...~..~,_.._,_~___"_,~__,_,__,, .. ,"- 2) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against TODD SONDRINI, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for repair to a County Emergency Vehicle that was struck by a vehicle owned by TODD and KESIA SONDRINI, and driven by TODD SONDRINI in the amount of$21,060.50, plus costs of litigation. Resulting from a collision at the intersection of Vanderbilt Beach Road and Livingston Road caused by a driver ignoring the warnings of an EMS vehicle on-route to an emergency 3) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against SURETY CONSTRUCTION COMPANY, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County, as a result of contracted work for repair to Pollution Control Laboratory in Building H, 3rd Floor, in the amount of $99,492.99, plus costs oflitigation, including reasonable attorney fees. As detailed in the Executive Summary 4) Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners, against ACCI/API Joint Venture and Bob's Barricades, Inc., in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, to recover damages incurred by the County for repair to a water force main damaged by them in the amount of$63,676.09, plus costs of litigation. For emergency contracting work performed in May, 2008 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 Page 23 April 12-13, 2011 ~,--...._._-,,--,-"."--"----"--~--~"^,-,----',q~._._-...-_......._,_._~-"-~,.,.._--."-~'--_._._... ..,,_.~,~'~-_.,-"-. 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 hearinl!: be held on this item, all participants are required to be sworn in. PUDZ-2009-AR-14425, 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 includes 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 Rural Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District to allow for the development of up to 135,000 square feet of commercial development and/or retirement community/group housing at aFAR of .60 and/or a hotel/motel of an intensity of 26 units per acre for a 23.33+/- acre parcel to be known as the Addie's Corner MPUD, located in the northwest quadrant of the intersection ofImmokalee Road (CR 846) and Collier Boulevard (CR 951) in Section 22, Township 48 South, Range 26 East, Collier County, Florida; and by providing an effective date. Ordinance 2011-08 B. This item requires that ex parte disclosure be provided by Commission members. Should a hearinl!: be held on this item, all participants are required to be sworn in. PUDA-PL2010-854, Naples Daily News BPPUD, an ordinance of the Board of County Commissioners of Collier County amending Ordinance No. 06-49, the Naples Daily News Business Park Planned Unit Development (BPPUD), located at 1100 Immokalee Road, by amending Section 2.9 of 06-49, to allow a change in the plant materials in the landscape buffer; and providing an effective date. Ordinance 2011-09 C. Recommendation to adopt an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, Ordinance No. 2001-13, as amended, to incorporate a provision clarifying the imposition of Water and Sewer Impact Fees on geographic areas within the Collier County Water-Sewer District Page 24 April 12-13, 2011 ---.-.----.-.- ..._--_._-,._...~,." . "'.-',,-'- ,.,_"~",~_,~~----_",_,,,,,,,,,---,,",~--""-'_',"'_",""---- '_4'~'_'~__~._""..,..__><.,,_____.._.._._,_____,,.__...,_ __" until such a time when connection to the regional water and/or sewer system is anticipated within a ten-year period as identified by the most current Public Utilities Water and Wastewater Master Plan Updates and the 2010 Annual Update and Inventory Report. Ordinance 2011-10 D. Recommendation to adopt an Ordinance amending Ordinance No. 2006-03 (Collier County Airport-Type Screening Ordinance) to expand airport-type security searches to include individuals entering the Immoka1ee Government Center (Courthouse) and the James V. Mudd Emergency Services Center. Ordinance 2011-11 E. Recommendation that the Board of County Commissioners adopt an ordinance to amend Conservation Collier Ordinance No. 2002-63, as amended, which provides for the ability to increase funding of the Conservation Collier Management Trust Fund (174) by removing the annual cap of ad-valorem taxes that may be appropriated and allow for the transfer of funds into Fund 174 from Conservation Collier Acquisition Trust Fund (172). Ordinance 2011-12 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 25 April 12-13, 2011 ..^.__."....________~_.______.._<___.__'_4""._______~^'_....--.__.N.~,.',..._____'__'_~__...,"__,~__.._...,.__<.,"_" '_"__'_"'___