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Backup Documents 05/24/2011 RecapCOLLIER 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 May 24, 2011 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. Page 1 May 24, 2011 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 i, 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 P.M 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Adam Miller of Temple Shalom 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.) Approved and /or Adopted with changes — 5/0 B. April 26, 2011 - BCC /Regular Meeting Approved as presented — 5/0 Page 2 May 24, 2011 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. EMPLOYEE 1) 20 YEAR ATTENDEES a. Mary Valcante, Pollution Control Not present b. Jacqueline Lockerby, EMS Not Present 2) 30 YEAR ATTENDEES a. Skip Camp, Facilities Management Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating May 24, 2011 as Thomas S. Monaghan Day. To be accepted by Thomas S. Monaghan. Sponsored by Commissioner Coletta. Adopted — 510 B. Proclamation designating May 24, 2011 as Nicholas J. Healy Day. To be accepted by Nicholas J. Healy. Sponsored by Commissioner Coletta. Adopted — 510 C. Proclamation designating June 6 to June 10, 2011 as Code Enforcement Officers' Appreciation Week. To be accepted by Diane Flagg and Members of the Code Enforcement Department. Sponsored by Commissioner Coletta. Adopted — 5/0 D. Proclamation designating May 24, 2011 as Gulfshore Playhouse Day. To be accepted by Kristen Coury, Founder & CEO, Bob Harden, Board Chairman, and Melanie Lisby, General Manager. Sponsored by Commissioner Hiller. Adopted — 510 E. Proclamation designating May, 2011 as Internal Audit Awareness Month. To be accepted by Megan Gaillard, Allison Kearns, Pat Blaney, Ron Dortch Page 3 May 24, 2011 and Bruce Brister from the Clerk's Internal Audit Department. Sponsored by Commissioner Coyle. Adopted — 510 F. Proclamation designating May, 2011 as Trauma Awareness Month. To be accepted by Kathy Wecher of Lee Memorial Health Systems, and Dan Robbins, Trauma Survivor. Sponsored by Commissioner Coletta. Adopted — 510 5. PRESENTATIONS A. Presentation of the Collier County "Business of the Month" award to Florida Specialties of Immokalee. Accepting the award will be Ron Bailey, Jr., Florida Specialties CFO. Presented 6. PUBLIC PETITIONS Item 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS Motion to Continue Item Indefinitely — Approved 5/0 (During Agenda Changes) A. This item was continued from the April 12, 2011 BCC Meetine. 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 Immokalee Urban Area from 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 Immokalee Urban Area. (Adoption Hearing) B. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier Page 4 May 24, 2011 9. 10. County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the trip generation rate analysis entitled "Transportation Impact Fee Calculations for Select Land Uses," conducted related to the Church, Convenience Store with Gas Pumps, Manufacturing, Small Medical Office and Warehouse land uses; amending Schedule One of Appendix A to provide for the new and amended land use categories and impact fee rates; providing for definitions for the new land use categories; updating the provisions related to the use of impact fee credits and providing for a delayed effective date of September 1, 2011, in accordance with the notice period requirements of Section 163.31801, Florida Statutes. Ordinance 2011 -19: Adopted w /Clerical Corrections — 4/1 (Commissioner Hiller opposed) BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Pelican Bay Services Board. Resolution 2011 -93: Appointing David J. Trecker (term expiring March 31, 2015) — Adopted 5/0 B. Appointment of member to the Industrial Development Authority. Resolution 2011 -94: Appointing Gina Downs (term expiring April 13, 2015) — Adopted 5/0 COUNTY MANAGER'S REPORT A. Provide the Board of County Commissioners with the annual update of the progress of the Horizon Study Oversight Committee, authorized by Resolution 2009 -38. (Mike Bosi, AICP, Comprehensive Planning Manager, Land Development Services, Growth Management Division/Planning & Regulation) Motion to accept report — Approved 4/0 (Commissioner Henning absent) Recommendation to renew the current franchise agreements with Waste Management Inc. of Florida, and Choice Environmental Services of Collier, Inc. for the collection of municipal solid waste, recyclable and electronic materials and yard waste in Districts 1 and 11, respectively, for the contractually prescribed term of seven years, ending at 11:59 PM on Page 5 May 24, 2011 September 30, 2020, and authorize the Chairman to sign the renewal agreements. (Joe Bellone, Utility Billing and Customer Service Manager) Motion to approve the contract renewal for both districts — Approved 4/1 (Commissioner Henning opposed) C. Recommendation that the Board of County Commissioners authorize a Budget Amendment for the purpose of funding the necessary Panther Habitat Units (PHU's) required for the Oil Well Road Project (Project #60044) per terms of the Wetland Mitigation and Panther Habitat Unit Agreement with Barron Collier Companies approved by the Board on February 24, 2009. (Jay Ahmad, Director, Transportation Engineering) Approved $1,863,000 to fund PHU's — 4/1 (Commissioner Hiller opposed) Moved from Item #16E3 (Per Agenda Change Sheet) D. Recommendation to approve a First Amendment to Lease Agreement, a/k/a the Cattle Lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. Motion to Continue — Approved 510 Moved from Item #16E4 (Per Agenda Change Sheet) E. Recommendation to approve an access easement to the Florida Department of Environmental Protection (FDEP) and Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle -vat clean -up site at the Pepper Ranch Preserve and restrict public uses within the cattle -vat clean -up site. Approved — 5/0 Moved from Item #16E5 (Per Agenda Change Sheet) F. Recommendation to authorize release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the seller of the Pepper Ranch Preserve, and approve the associated budget amendment. Approved — 4/1 (Commissioner Hiller opposed) Moved from Item #16F2 (Per Agenda Change Sheet) G. Authorize the County Attorney to advertise an Ordinance for future consideration which would amend Ordinance No. 04 -12, as amended, adding provisions relating to requirements for certificate holders operating Page 6 May 24, 2011 Non - Transport Advanced Life Support (ALS) Services. Motion to Continue — Approved 5/0 Moved from Item #16C6 (Per Agenda Change Sheet) H. Recommendation to award Contract #1 1 -5673, "Disaster Debris Removal and Disposal Services" to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for collection, removal and disposal of disaster generated debris, which will ensure prompt, timely & efficient restoration of essential services. Approved — 5/0 11. COUNTY ATTORNEY'S REPORT A. Request for authorization to advertise and bring back for future consideration an amendment to Chapter 49 of the Collier County Code of Laws and Ordinances, relating to economic development, which will establish additional criteria to be evaluated (1) when there is a request to lessen or waive certain requirements in existing economic development ordinances and programs, and (2) when there is an application seeking grants and /or other incentives which fall outside existing economic development ordinances and programs. Approved - 3/2 (Commissioner Henning and Commissioner Hiller opposed) 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY 14. PUBLIC COMMENTS ON GENERAL TOPICS A. Randy Johns — Against Immokalee Area Master Plan 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Dan Summers — Update on upcoming Hurricane Season B. Leo Ochs — Keeping the standard meeting schedule for the summer; Page 7 May 24, 2011 Process for Advisory Board Minutes; Reminder of meeting w /School Board tomorrow; Napa Woods Way petition against speed bumps after routine road overlay; Farewell to Jim Delony C. Jeff Klatzkow — Shade Session for Vanderbilt Beach Road Extension settlement on June 14, 2011 at noon D. Ian Mitchell — Introducing evidence into backup regarding Advisory Board vacancies (Item #9A referenced) and mentioned all noticed vacancies E. Commissioner Hiller — Letter and map regarding Blocker case; Lack of notice regarding the ATV Settlement; Procedure for accepting evidence during public participation; Chairman's comments and response to public speakers at today's meeting F. Commissioner Coyle — Motion for County Manager and County Attorney to submit a response to Commissioner Hiller's allegations regarding Blocker case — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) G. Commissioner Fiala — Thanking Sue for cheesecake, Mike and Leo, County staff, and Delony H. Commissioner Henning — Political agendas for public speakers I. Commissioner Coletta — Chokoloskee's water access for Snook fishing - Motion asking Chairman write a letter to State /Fish and Wildlife regarding impact on residents livelihood — Approved 510; Motion to search for available land for alternative sites as use of ATV Settlement (S3 million) — Approved 5/0; Political agendas by public speakers allowed J. Commissioner Henning — Motion to Adjourn — Approved 5/0 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 utility facility for Southwinds Mobile Home Park, 302 Fillmore Street, and Page 8 May 24, 2011 authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. Located off of Radio Road 2) Recommendation to acknowledge the Vacation of the 50 -foot wide temporary drainage easement as shown on the plat of Italia, as recorded in Plat Book 47, Pages 68 through 70, Public Records of Collier County, Florida. Required for a portion of the LASIP Project 3) Recommendation to approve the purchase of a parcel of right -of -way, along with a temporary driveway restoration easement, both of which will be required for the four - laning of Golden Gate Boulevard between Wilson Boulevard and Desoto Boulevard. Project #60040. (Fiscal Impact: $9,500) For Parcel 482RDUEB at 4221 Golden Gate Boulevard East 4) Recommendation that the Board of County Commissioners set a public hearing date of September 13, 2011 for consideration of a Development of Regional Impact Development Order for the Hacienda Lakes Project, Petition Number DRI- 2006 -AR- 10147, located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11 through 14, 23 through 25, Township 50 South, Range 26 East, and Sections 19 & 30, Township 50 South, Range 27 East, Collier County, Florida. With SWFL Regional Planning Council's notification that the application is sufficient for review and evaluation and can be scheduled for a public hearing as required by Florida Statutes 5) Recommendation for Board approval of the short-list of design professionals pursuant to RFP #11 -5639 and to enter into negotiations between Collier County and TYLIN International, Inc., for "Design & Related Services for replacement of CR29 Bridge 4030161 over Chokoloskee Bay ". (Project #66066) Connecting Chokoloskee Island to Everglades City and also serves as the only evacuation route by land in an emergency Page 9 May 24, 2011 6) Recommendation that the Board of County Commissioners authorize its Chairman to execute a Sovereignty Submerged Lands Easement instrument with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (TIITF) for existing roadway bridges crossing the Cocohatchee River and one of its tributaries on Vanderbilt Drive within an existing right -of -way. Project #69081. (Fiscal Impact: Recording fee not to exceed $75) As detailed in the Executive Summary 7) Recommendation to reject Bid #11 -5662, the Lely Municipal Service Taxing Unit ( "MSTU ") Doral Circle Bridge Renovation. Staff will reformat and reissue the solicitation for a project that includes sidewalk installation and decorative bridge exterior and lighting 8) Recommendation the Board of County Commissioners to enter into a Landscape Maintenance Agreement with Diamond Lake Condominium Association, Inc. for work performed along the County Right -of -Way along Piper Boulevard to be maintained by the Association. To enhance the entrance to the community the association has submitted the required landscape irrigation plans and assumes responsibility of all ongoing operations and maintenance 9) Recommendation to award ITB #11 -5663, Traffic Operations Signal Components & Hardware on a Line Item Basis to each individual qualified lowest bidder: Temple, Inc., Rainbow Distributors, Inc., Control Technologies of Central Florida, Inc., Graybar Electric Co, Inc., and TPFL, Inc. (Estimated annual expense is: $300,000) 10) Recommendation for Board approval of the short-list of design professionals pursuant to RFP #11 -5690 and enter into negotiations between Collier County and Atkins North America, Inc., for "Construction Engineering and Inspection (CEI) and Related Services for SR84 (Davis Boulevard) Radio Road to Collier Boulevard; SR84 /CR951 Intersection Improvements; Collier Boulevard (CR 95 1) north to Magnolia Pond Drive; and CR951 (Collier Boulevard) north to the Main Golden Gate Canal ". (Project #60073 & #60092) As detailed in the Executive Summary Page 10 May 24, 2011 11) Recommendation to award Bid #11 -5674, Boston Avenue Sidewalk Improvements" for construction of sidewalk improvements on both sides of Boston Avenue from South 9th Street to South I st Street to Stevens & Layton, Inc. in the amount $152,353.55 to be reimbursed by FDOT under a LAP Agreement. (Project 433122) For sidewalk improvements in Immokalee 12) Recommendation to award Bid # 11 -5679, "Intersection of Lake Trafford Road at SR29" for construction of intersection improvements on Lake Trafford Road and SR29 to Gulf Paving Company, Inc., in the amount $982,923.32, of which $750,000 will be reimbursed by FDOT under a LAP Agreement.(Project #33124) Improvements include north and southbound right turn lanes on SR29 and eastbound right and left turn lane improvements on Lake Trafford Road in Immokalee 13) Recommendation that the Board of County Commissioners direct the County Manager or his designee to prepare an amendment to Ordinance Number 09 -22, Planned Unit Development (PUD) time limits and time limit extension requirements as found in Section 10.02.13.13 of the Collier County Land Development Code (LDC) to extend the tolling time frame from May 12, 2011 to May 12, 2012. Due to the previous downturn in the local and national economy B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation for the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve submittal of a Rural Business Enterprise Grant (RBEG) application to U.S. Department of Agriculture (USDA) Rural Development to augment business support, resources, services and technical assistance provided through the Immokalee Business Development Center (IBDC) in the amount of $165,180 and approve all necessary budget amendments. Administered and Supervised by the Immokalee CRA 2) Recommendation for the Collier County Board of County Commissioners (BCC) acting as Community Redevelopment Agency Page l l May 24, 2011 (CRA) approve after - the -fact submittal of a Community Development Block Grant (CDBG) grant application to Collier County Housing, Human & Veteran Services (HHVS) seeking grant funding in the amount of $140,000 to support improvements to the pedestrian crosswalks in the Immokalee Central Business District. 3) Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a Right of First Refusal Agreement with Bayshore CAPA Center, Inc. in consideration of a potential future purchase of CRA owned land; execute a Right of Entry for that land and approve the Chairman to sign. (Fiscal Impact: None) Right of First Refusal Agreement allows the Bayshore CAPA (Cultural and Performing Arts) Center to use consultants, conduct feasibility studies, and involve the general public in a capital fundraising campaign; Right of Entry Agreement allows CAPA Center consultants, engineers and reps access to parcels 4) Recommendation the Community Redevelopment Agency (CRA) accept conveyance of County -owned property (mobile home sites) within boundaries of the Bayshore /Gateway Triangle Redevelopment Area to enact the residential infill provision of the CRA's Master Redevelopment Plan; authorize CRA Chairman to sign the HUD Settlement Statement; direct CRA staff to record an executed Statutory Deed from the County; and approve payment and authorize CRA Executive Director to make payment from Bayshore Gateway Triangle CRA Fund 187 for all costs and expenses necessary to close the transaction and insure clear title of same. Site Addresses: 3000, 3152 & 3205 Karen Drive. Fiscal Impact to Fund 187: $41,642.18. (Companion to Item #16E12) As detailed in the Executive Summary 5) Recommendation to approve a budget amendment authorizing the Community Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously approved Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funded grant budget for the Downtown Immokalee Stormwater Improvements project. These funds will be deducted from the Land Capital Outlay line item and added to the Other Contractual Services line item and will result in a zero increase or decrease in the overall Page 12 May 24, 2011 project budget. Unused grant funds previously earmarked for land acquisition will be reallocated to the flood and drainage part of the project C. PUBLIC UTILITIES DIVISION 1) Recommendation to waive competition and authorize sole - source purchase of closed circuit television pipeline inspection vehicles and pipeline inspection parts from Community Utilities Environmental Services, Inc., and approve the purchase of a replacement pipeline inspection vehicle in the amount of $199,920. For maintenance work and inspection of pipeline and service connections and to reduce the need for excavation 2) Bid '�T Bid #11 -5647 (Per Agenda Change Sheet), Grease Hauling Services, to Rockfill Associates DB /A Crews Environmental, Inc. in an estimated annual amount of $50,000. Removing grease and insoluble material at lift stations to reduce the chances of a sanitary sewer overflow and also to produce reclaimed water for irrigation 3) Recommendation to award Bid #11 -5653, " Riverwood Water Distribution System Replacement" in the amount of $955,626.67 to Andrew Site Work, LLC, to rehabilitate a potable water distribution system that serves the Riverwood Subdivision. (Project #71010.5) Replacing and relocating failing water mains and meters originally installed in homeowners' backyards to the front of the properties, upgrading area commercial service and adding fire hydrants at new locations 4) Recommendation to approve a utility easement to the Collier County Water -Sewer District for construction and maintenance of water utilities for the landfill gas -to- energy facility at the Collier County Landfill, at no cost to the County. To provide access for testing and maintenance of utility lines at the facility that is nearing completion 5) Recommendation to approve a work order in the amount of $235,283.56 to Quality Enterprises USA, Inc., for Lift Station Page 13 May 24, 2011 310.01 Rehabilitation under Contract #08 -5011, Annual Contract for Underground Utility Contracting Services. (Project 470046) Located in the Southwinds Mobile Home Park (Radio Road); part of a multi -year program that addresses approximately 10 lift stations per year to replace system components that can no longer be used Moved to Item #lOH (Per Agenda Change Sheet) 6) Recommendation to award Contract # 11-5673, "Disaster Debris Removal and Disposal Services" to three firms, and approve AshBritt Environmental Services, Inc., as the initial debris removal contractor in operational readiness for the 2011 Hurricane Season. The firms provide post- disaster equipment and human resources for collection, removal and disposal of disaster generated debris, which will ensure prompt, timely & efficient restoration of essential services. D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign an amendment to a 2009 -2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Marco Island approved February 23, 2010 (Item # 16131). This amendment is to revise Exhibit A, to update scope, budget, outcome performance measures, and extend project milestone schedule dates in order to facilitate reimbursement. As detailed in the Executive Summary 2) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement in the amount of $37,707 using 2009 -2010 Department of Housing and Urban Development (HUD) operating grant funds which have been designated for a Community Housing Development Organization (CHDO). Florida Non -Profit Services, Inc. (FNPS) is the CHDO which will receive grant funds, and will use them towards the salary and benefits of one (1) staff person who will provide accounting and administrative services to increase the CHDO's capacity. 3) Recommendation to waive formal competition and approve additional funding to continue consulting services with York Claims Services, Page 14 May 24, 2011 Inc. (PO #4500105855) providing Collier County support required for FEMA claims for Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma for time and material not to exceed $65,000. The County is currently seeking an additional $9,000,000 in FEMA reimbursement funds for Tropical Storm Gabrielle 4) Recommendation to approve and authorize the Chairman to sign three (3) Community Development Block Grant - Recovery (CDBG -R) subrecipient grant amendments to the agreements incorporating additional American Recovery and Reinvestment Act of 2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 2010 -2. To increase transparency, accountability and maintain complete records to adequately identify ARRA fund sources and applications 5) Recommendation to approve and authorize Chairman to sign four (4) satisfactions of mortgage for owner - occupied affordable housing units that have satisfied the terms of assistance or repayment in full to Collier County. Recovering $7,898.36 in SHIP funds that will be reused on eligible program activities 6) Recommendation to approve and authorize Chairman to execute an amendment to a Florida Boating Improvement Program (FBIP) Grant extending completion date of the Bayview Park Improvement Project. Extending the date from June 15, 2010 to June 30, 2011 7) Recommendation to approve and ratify Staff s extension of Contract #06 -3971 "General Contracting Services" with PBS Construction, Inc. and related Work Order #45- 124175, "Goodland Boat Docks Installation of Ladders & Cleats" for $14,620 in order to process the final invoice for work completed. As detailed in the Executive Summary 8) Recommendation to award Bid #11 -5628 to OAC Action Construction, Corp. for the construction contract of the Tigertail Beach Dune Walkover & Boardwalk Improvement Project #90093.1. Page 15 May 24, 2011 and authorize the Chairman to execute the standard contract after County Attorney approval. In the amount of $778,377.00 and includes replacing five (5) existing boardwalks and a new ADA accessible walkover and boardwalk Continued to the June 14, 2011 BCC Meeting (Per Agenda Change Sheet) 9) Approve and authorize the Chairman to sign an amendment to the Collier County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for U.S. Department of Housing and Urban Development (HUD) Homeless Prevention and Rapid Re- Housing (HPRP) Grant approved by the Board on September 15, 2009, Item #161319. This amendment will allow for revision of Exhibit A of the Subrecipient Agreement to accommodate the HHC's request to no longer include Homeless Management Information System (HMIS) activities and to allow HHC to more fully expend grant funds. 10) Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign six (6) Homelessness Prevention and Rapid Re- Housing (HPRP) amendments to the subrecipient grant agreements incorporating additional American Recovery and Reinvestment Act of 2009 (ARRA) reporting requirements in response to Ernst and Young's Single Audit Management Letter Observation 2010 -2. Due to current insufficient records that are being kept by the agencies granted ARRA Funds: Catholic Charities, Salvation Army, Youth Haven, Collier County Housing Authority, Legal Aid & Housing Development Corporation SWFL 11) Recommendation to approve and authorize the Chairman to sign a "Grantee Application for Advance Funding" to access funding for the Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant. Funding provided through Memorandum of Understanding #LHZ25 from the Florida Department of Children and Families. To comply with policy and requirements the $182,830 in awarded funds must be dispersed no later than June 30, 2011 E. ADMINISTRATIVE SERVICES DIVISION Page 16 May 24, 2011 1) Recommendation to ratify Property, Casualty, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution 2004 -15 for the Second Quarter of FY1 1. As detailed in the Executive Summary 2) Recommendation to approve a Donation Agreement with Corkscrew Regional Ecosystem Watershed Land and Water Trust, Inc. (CREW) for 9.17 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $1,000. For 9.17 acres and part of the Red Maple Swamp Preserve Multi - parcel Project in Golden Gate Estates, Unit 53 Moved to Item #1013 (Per Agenda Change Sheet) 3) Recommendation to approve a First Amendment to Lease Agreement, a /k/a the Cattle Lease, for the Pepper Ranch Preserve under the Conservation Collier Land Acquisition Program and direct the County Manager, or his designee, to implement the Lease Amendment terms. Moved to Item #10E (Per Agenda Change Sheet) 4) Recommendation to approve an access easement to the Florida Department of Environmental Protection (FDEP) and Declaration of Restrictive Covenant which will allow FDEP to monitor the cattle -vat clean -up site at the Pepper Ranch Preserve and restrict public uses within the cattle -vat clean -up site. Moved to Item #10F (Per Agenda Change Sheet) 5) Recommendation to authorize release of $250,000 held in escrow to Lake Trafford Ranch, LLLP, the seller of the Pepper Ranch Preserve, and approve the associated budget amendment. 6) Recommendation to approve Bid #11 -5644, "On -Call Roofing Contractor Services" to West Coast Florida Enterprises Inc. and Crowther Roofing Company. West Coast Florida Enterprises Inc. awarded as primary and Crowther Roofing as secondary for "on- call" services that have annually averaged $164,000 over the past eight (8) years Page 17 May 24, 2011 7) Recommendation to accept a report concerning the sale and donation of items associated with a County surplus auction held April 30, 2011, resulting in gross revenue of $187,456.50. Net revenue of $157,463.46 after auctioneer's commission 8) Recommendation to authorize a budget amendment to increase the County -Wide Capital Budget, Fund 301, Project #52525, General Building Repairs by $250,000 by moving funds from Fund 301, Reserves for Contingencies; for the purpose of correcting a problem in the County's high voltage switchgear located in Building K and serving various buildings at the Government Center campus. To reduce power- outages during periods of high electric demand or storms 9) Recommendation to approve and ratify staff s Zero - Dollar Time Extension of Contract #09 -5195 with Boran Craig Barber Engel Construction Co. (BCBE) in order to process the contractor's final invoice for work completed on the Marco Island Library Rose Hall Addition; and authorize the County Manager or his designee to sign the necessary documents. Due to various delays the final invoice had been submitted after the contract had expired 10) Recommendation to authorize the release of $27,105 in final payment and retainage amounts for the project known as Underground Storage Fuel Tanks Removal and Replacement, Bid #09 -5237, to the bond provider for Surge Solutions Group, Inc., Evergreen National Indemnity Company. 11) Recommendation to approve and authorize an amendment to Exhibit B to a Board approved agreement with Lely Community Development District for them to supply irrigation quality water to the combined site of the Emergency Services Center and South Regional Library at no additional cost to the County, and authorize the Chairman to sign the necessary documents following County Attorney review. Clarifying the method the fees are calculated and correcting an error in the 2009 agreement Page 18 May 24, 2011 12) Recommendation to approve a Resolution authorizing Chairman of the Board of Collier County Commissioners to execute a Statutory Deed for conveyance of County -owned property (mobile home sites) within the Bayshore /Gateway Community Redevelopment area to the Collier County Community Redevelopment Agency (CRA); and waive any code enforcement penalties levied against the property that is not associated with costs incurred by the County Code Enforcement Department to abate violations at the Site Addresses: 3000, 3152 & 3205 Karen Drive. Fiscal Impact: None. (Companion to Item #16134) Resolution 2011 -89 F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve and authorize purchase of a replacement Water Tender Pumper from the Florida Sheriff's Bid List for the Ochopee Fire Control District. Resolution 2011 -90 Moved to Item #10G (Per Agenda Change Sheet) 2) Authorize the County Attorney to advertise an Ordinance for future consideration which would amend Ordinance No. 04 -12, as amended, adding provisions relating to requirements for certificate holders operating Non - Transport Advanced Life Support (ALS) Services. 3) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. Resolution 2011 -91 G. AIRPORT AUTHORITY 1) Approve budget amendments for $612,320 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at the Marco Island Executive Airport, Immokalee Regional Airport and Everglades Airpark. Due to the extraordinary rise in fuel costs Page 19 May 24, 2011 2) Recommendation to approve a t- hangar lease agreement between the Collier County Airport Authority and Exec Air, Inc. of Naples, and High Soaring, Inc. and Aircraft Maintenance of Southwest Florida. A 3 -year agreement with option to renew an additional 2 -years providing the tenant a t- hangar, storage and tie -down space for conducting commercial flight activities, maintenance and major aircraft repairs H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the City of Everglades National Day of Prayer luncheon at Everglades City Hall, Everglades, FL on May 5, 2011. $7.50 to be paid from Commissioner Coletta's travel budget. 2) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attending the Gulf Citrus Growers Association 2011 Annual Meeting and 25th Anniversary Celebration at Labelle Civic Center, Labelle, FL. $10 to be paid from Commissioner Coletta's travel budget. Directly behind City Hall at 481 State Road 80 Labelle, FL 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Eastern Collier Chamber of Commerce Breakfast in Immokalee, FL on April 6, 2011. $15 to be paid from Commissioner Coletta's travel budget. Held at Roma in Havana Ristorante 1025 W Main St., Immokalee 4) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Collier County Medical Society's Annual Meeting & Installation of 53rd President at Grey Oaks Country Club, Naples, FL on May 7, 2011. $50 to be paid from Commissioner Coletta's travel budget. Located at 2400 Grey Oaks Drive, Naples 5) Commissioner Fiala requests Board approval for reimbursement Page 20 May 24, 2011 regarding attendance at a function serving a Valid Public Purpose. Attended the League of Women Voters of Collier County Luncheon on May 9, 2011 at the Naples Hilton in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail N 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 April 23, 2011 through April 29, 2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period April 30, 2011 through May 6, 2011 and for submission into the official records of the Board. 3) Recommendation that the Board of County Commissioners approve a budget amendment in the amount of $9,912.46 recognizing Federal HHS Vote Program Grant Award 2006 Funds for Voting Accessibility for Individuals with Disabilities. K. COUNTY ATTORNEY 1) Recommendation to authorize the County Manager or his designee to sign police affidavits, or other agreements, authorizing the Sheriff's Office to issue trespass warnings for unauthorized use of County property. 2) Recommendation to approve and authorize the Chairman to sign a retainer agreement with the law firm of Henderson Franklin to represent the County through trial in the lawsuit entitled Darling Elie, Individually and as Guardian of Jadarrien Elie, a minor child v. Collier County, et. al., filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 07- 1463 -CA, for a total not to exceed $100,000 without prior authorization. The plaintiff has demands that exceed statutory limits and is Page 21 May 24, 2011 17 for a personal injury case that was filed in May, 2007 SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS WHICH ARE QUASI - JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex -parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. PUDZ- 2005 -AR -8674, Grace Romanian Baptist Church of Naples CFPUD. An ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance Number 04 -41, as amended, the Collier County Land Development Code, which includes comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from an Agricultural (A) Zoning District with a portion of the real property in a ST Overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) Zoning District with removal of the ST Overlay for a project known as Grace Romanian Baptist Church of Naples CFPUD. The project allows development of a 500 -seat church, a single - family residence and preschool of up to 150 students along with other permitted & accessory uses commonly associated with church and preschool use. The property is at the comer of Learning Lane and Livingston Road in Section 13, Township 48 South, Range 25 East, Collier County, Florida, consisting of 12 +/- acres and by providing an effective date. Ordinance 2011 -18 B. Recommendation to adopt a Resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to Page 22 May 24, 2011 the Fiscal Year 2010 -11 Adopted Budget. Resolution 2011 -92 18. ADJOURN Motion to Adjourn — Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 23 May 24, 2011