Backup Documents 05/24/2011 Item #10C 1OC
DOCUMENT HAS NOT BEEN
RECEIVED IN THE
MINUTES & RECORDS
DEPARTMENT AS OF
DECEMBER 4, 2012 .
March 4, 2010
- 10
Copler County
Transportabon Services Division
Agenda item
C, Meeting Date
#: �_—
Mr. David B. Genson, P.E. Presented by
Vice President of Engineering
Barron Collier Companies
2600 Golden Gate Parkway
Naples, FL 34105
Re: Wetland Mitigation and Panther Habitat Unit Agreement
Oil Well Road Expansion
Dear Mr. Genson:
The Collier County Transportation Engineering and Construction Management Department (TECM) is
well aware of its obligation under the Wetland Mitigation and Panther Habitat Unit Agreement (the
"Agreement "). The Agreement states, in part:
"... with the approval of USACE and United States Fish and Wildlife Service ( "USFWS "),
Barron Collier has the ability to create 2,000 panther habitat unit mitigation credits (the
"Panther Credits ") by dedicating primary Zone panther habitat area owned by Barron
Collier to the USFWS as a conservation easement area; and" (Recitals, para. 5)
"...the County may wish to purchase up to 2,000 Panther Credits from Barron Collier
pursuant to the terms and conditions of this Agreement, with the final number of
Panther Credits required by the County to be later determined by USFWS." (Recitals,
para. 6)
"2. CONDITIONS TO SALE; ADDITIONAL CREDITS . The parties acknowledge that
the Mitigation Plan, Wetlands Credits, and Panther Credits are subject to review and
approval by third -party governmental entities under the Roadway Permits, and agree
that Barron Collier's obligation to convey the Wetlands Credits and Panther Credits is
conditioned on such approval. Both parties shall exercise good faith and diligent effort
to secure such approval The Panther Credits shall be deemed approved upon
recordation of a conservation easement (from Barron Collier to USFWS) over primary
zone panther habitat area (the "Conservation Easement "). (Agreement, Numbered
para. 2)
TECM has contacted the United States Fish and Wildlife Service and who has informed us that the
Barron Collier Companies has not fulfilled its obligation to acquire the panther habitat units (phus). See
attached March 3, 2010, e-mail from USFWS. ( "We have not received confirmation that the land
proposed for panther compensation has been transferred to the State nor that a management fund has
been established as per the biological opinion Terms and Conditions. ") At this time the County is not
required to pay the requested amount since the Barron Collier Companies did not satisfy the conditions
precedent under the Agreement as no Panther Habitat Units exist. In the mean time, Collier County is
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Mr. David B. Genson, P.E.
Vice President of Engineering
March 4, 2010
Page 2
still diligently engaging in good faith to permit the Starnes property for the County's share of the Oil
Well Road mitigation.
If you have any questions or require additional information, please do not hesitate to call me at 252-
5826.
Sincerely,
a P.
TECM Director
cc: Norm Feder, AIGP
File No. 60044
Attachment: email from U.S Fish and Wildlife Services
TwM ntoom SaW s Mom • 2085 5o& Horseshoe Orm - NepWk Fipdda 34104.239.252 -0192 • FAX 239 - 252.2726
0
COLLIER COUNTY
Barron Collier Investments, Ltd.
2600 Golden Gate Parkway
Napte% FL 34105
Phone (239)262 -2600 / Fax (239)262 -2589
REMIT TO: 2600 Golden Gate Parkway
Naples, FL 34105
Customer #: COLLIER COUNTY
Date Invoice# Amount Reference
02/24/2010 INVO0408 2,068,200.00
Panther Credits 2,068,200.00
Total Invoice Amount 2,068,200.00
PLEASE SUBMIT ONE COPY WITH REMITTANCE
2010
AIR
Barron Agenda item #: I0 C,,_ Meeting Date : S 3 /I/
Presented by: GGorS, 1i+ \JPC
Collier
COMPANIES
March 19, 2010
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VIA EMAIL: JayAhmad@colliereov.net
Jay Ahmad, P.E.
Director, Collier County Transportation
Engineering & Construction Management
Collier County Transportation Department
2885 S. Horseshoe Drive
Naples, Florida 34104
Re: Wetland Mitigation and Panther Habitat Unit Agreement — Oil Well Road Expansion
Dear Jay:
Thanks for your letter dated March 4, 2010, in response to Barron Collier Partnership, LLLP's
(BCP) request for payment for PH'UrPanther Credits" under the February 24, 2009, Wetland Mitigation
and Panther Habitat Unit Agreement. Your March 4 letter states that "the County is not required to pay
the requested amount ... as no Panther Habitat Units exist." We respectfully disagree with this
conclusion. The Panther Habitat Units (PHUs) have clearly been treated by the various agencies that
have permitting jurisdiction over the Oil Well Road project as existing panther habitat mitigation credits.
The County has received all the permits that were dependent on creation and utilization of PHUs, and
has commenced construction of the improvements that create the impacts the PHUs mitigate.' Under
the circumstances, the County cannot in good faith claim that the PHUs do not exist while at the same
time enjoying the full benefit of the PHUs (i.e., by constructing the improvements that could not be
constructed unless the PHUs in fact exist).
Agreement Paragraph 4 clearly states that the "Purchase Price for the [PHUs] ... shall be paid
one (1) year from the [February 24, 2009] Effective Date if the County is unable to satisfy all conditions
for the creation, assignment, conveyance, and banking of the County PHUs." The one -year deadline for
payment has clearly passed and the Agreement clearly requires payment by the County in the form of
cash. BCP therefore respectfully renews its demand for payment from the County in the amount of
$2,068,200.00 for the PHUs.
' The February 24, 2009, Agreement provides that the "Panther Credits shall be deemed approved upon
recordation of a conservation easement (from Barron Collier to USFWS) over primary zone panther habitat area."
This language was included in the Agreement based on USFWS permitting requirements that were being applied at
that time, and the County was well aware of those requirements. Notwithstanding the Agreement language, the
County received all necessary permits for the Oil Well Road expansion and started the related construction
activities before any such conservation easement was granted. USFWS has since changed their practices to require
panther habitat to be deeded (rather than subjected to a conservation easement), which is a much longer process.
Both BCP and the County relied on USFWS policy that has since changed, and the County cannot now reasonably
claim that the policy change nullifies the existence of PHUs that the County is already utilizing.
2600 GOLDEN GATE PARKWAY - NAM l!S, FLORIDA 34105 - (239) 262 -2600 - FAX (239) 262 -2589
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Jay Ahmad, P.E.
March 19, 2010
FPdge 2
Your letter goes on to indicate that "the County is still diligently engaging in good faith to permit
the Starnes property for the County's share of the Oil Well Road mitigation." This statement implies
that the County still has the right to pay for the BCP PHUs by some means other than a cash payment.
BCP does not agree with this conclusion. BCP made a significant concession under the Agreement by
allowing the County a 1 -year period to create PHUs using the Starnes property and to assign those PHUs
to BCP in lieu of the corresponding cash payment amount (as provided in the Paragraph 4 excerpt
quoted above). The one -year period for creation of the County PHUs has passed —as has its right to use
the County PHUs as an alternative form of payment — and the Agreement clearly requires a cash
payment at this point.
We look forward to receiving the requested payment, and please feel free contact me with any
questions.
Very tr ly yours, ff /;K',,
David B. Genson, Vice President of Engineering
BARRON COLLIER COMPANIES
cc: George L. Varnadoe, Esq.
Norman Feder, AICP (Via Email: NormFeder @collie ov.net)
COLLIER COUNTY
Board of County Commissioners
10 C C14e -
ate
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 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.
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 P.M
NN
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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.)
B. April 26, 2011 - BCC /Regular Meeting
3. SERVICE AWARDS
A. EMPLOYEE
1. 20 Year Attendees
a. Mary Valcante, Pollution Control Pg. 1 -1
b. Jacqueline Lockerby, EMS Pg. 2 - 2
2. 30 Year Attendees
a. Skip Camp, Facilities Management
4. PROCLAMATIONS
Pg. 3 -3
A. Proclamation designating May 24, 2011 as Thomas S. Monaghan Day. To be accepted Pg. 4 - 5
by Thomas S. Monaghan. Sponsored by Commissioner Coletta.
B. Proclamation designating May 24, 2011 as Nicholas J. Healy Day. To be accepted by Pg. 6 - 8
Nicholas J. Healy. Sponsored by Commissioner Coletta.
C. Proclamation designating June 6 to June 10, 2011 as Code Enforcement Officers' Pg. 9 - 10
Appreciation Week. To be accepted by Diane Flagg and Members of the Code
Enforcement Department. Sponsored by Commissioner Coletta.
D. Proclamation designating May 24, 2011 as Gulfshore Playhouse Day. To be accepted Pg. 11- 12
by Kristen Court', Founder & CEO, Bob Harden, Board Chairman, and Melanie Lisby,
General Manager. Sponsored by Commissioner Hiller.
E. Proclamation designating May 2011 as Internal Audit Awareness Month. To be Pg. 13 - 14
accepted by Megan Gaillard, Allison Kearns, Pat Blaney, Ron Dortch and Bruce Brister
from the Clerk's Internal Audit Department. Sponsored by Commissioner Coyle.
F. Proclamation designating May 2011 as Trauma Awareness Month. To be accepted by Pg. 15 - 16
Kathy Wecher of Lee Memorial Health Systems, and Dan Robbins, Trauma Survivor.
Sponsored by Commissioner Coletta.
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5. PRESENTATIONS
A. Presentation of the Collier County Business of the Month award to Florida Specialties Pg. 17 - 17
of Immokalee. Accepting the award will be Ron Bailey, Jr. - Florida Specialties CFO.
6. PUBLIC PETITIONS
7. BOARD OF ZONING APPEALS
Item 7 to be heard no sooner than 1:00 pm unless otherwise noted.
8. ADVERTISED PUBLIC HEARINGS
Item 8 to be heard no sooner than 1:00 pm unless otherwise noted.
A. This item has been continued from the April 12, 2011 BCC meeting. CP- 2008 -5, Petition Pg. 18 - 96
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, redesignation 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 redesignation of the 103 acres to
the Immokalee Urban Area. (Adoption Hearing).
B. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Pg. 97 - 129
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.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Pelican Bay Services Board. Pg. 130 - 156
B. Appointment of member to the Industrial Development Authority. Pg. 157 - 168
10. COUNTY MANAGER'S REPORT
A. Provide the Board of County Commissioners with the annual update of the progress Pg. 169 - 203
of the Horizon Study Oversight Committee, authorized by Resolution 2009 -38. (Mike
Bosi, AICP, Comprehensive Planning Manager, Land Development Services, Growth
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Management Division /Planning & Regulation)
B. Recommendation to renew the current Franchise Agreements with Waste Pg. 204 - 221
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 I and II, respectively, for the contractually prescribed term of seven
years, ending at 11:59 PM on September 30, 2020, and authorize the Chairman to sign
the renewal agreements. (Joe Bellone, Utility Billing and Customer Service Manager)
C. Recommendation that the Board of County Commissioners authorize a Budget Pg. 222 - 234
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)
11. COUNTY ATTORNEY'S REPORT
A. Request for authorization to advertise and bring back for future consideration an Pg. 235 - 242
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.
12. OTHER CONSTITUTIONAL OFFICERS
13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY
14. PUBLIC COMMENTS ON GENERAL TOPICS
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 utility facility for Pg. 243 - 249
Southwinds Mobile Home Park, 302 Fillmore Street, 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. This item requires that ex parte disclosure be provided by Commission Pg. 250 - 256
members. Should a hearing be held on this item, all participants are required to
be sworn in. This is a recommendation to acknowledge the vacation of the 50-
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foot wide temporary drainage easement as shown on the plat of Italia as
recorded at Plat Book 47, Pages 68 through 70, public records of Collier County,
Florida.
3. Recommendation to approve the purchase of a parcel of right -of -way, along Pg. 257 - 274
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 No. 60040 (Fiscal Impact: $9,500).
4. Recommendation that the Board of County Commissioners set a public hearing Pg. 275 - 279
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. 951) 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.
5. Recommendation for Board approval of the short -list of design professionals Pg. 280 - 370
pursuant to RFP #11 -5639 and to enter into negotiations between Collier
County and TYLIN International, Inc., for "Design & Related Services for the
Replacement of CR29 Bridge ( #030161) over Chokoloskee Bay" Project No.
----- 66066.
commendation that the Board of County Commissioners authorize its Pg. 371 - 381
airman 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 the existing roadway bridges crossing the Cocohatchee
River and one of its tributaries on Vanderbilt Drive within the existing right -of-
way. Project No. 69081. (Fiscal Impact: Recording fees not to exceed $75)
Recommendation to reject Bid No. 11 -5662, the Lely Municipal Service Taxing Pg. 382 - 385
Unit ( "MSTU ") Doral Circle Bridge Renovation.
8. Recommendation for the Board of County Commissioners to enter into a Pg. 386 - 402
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.
9. Recommendation to award ITB #11 -5663 for the Traffic Operations Signal Pg. 403 - 418
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 Pg. 419 - 482
pursuant to RFP #11 -5690 and to 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 /SR951 Intersection Improvements; Collier Boulevard
B.
(SR /CR 951) north to Magnolia Pond Drive; and CR951 (Collier Boulevard)
north to the Main Golden Gate Canal "; Project No. 60073 & No. 60092.
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 1st Street to Stevens & Layton,
Inc. in the amount of $152,353.55 (Project #33122) to be reimbursed by FDOT
under LAP Agreement.
12. Recommendation to award Bid #11 -5679 "Intersection of Lake Trafford Road
at S. R. 29" for construction of intersection improvements on Lake Trafford
Road and S. R. 29 to Gulf Paving Company, Inc., in the amount of $982,923.32
(Project #33124); $750,000 to be reimbursed by FDOT under LAP Agreement.
13. Recommendation that the Board of County Commissioners direct the County
Manager or his designee to prepare an amendment to Ordinance Number 09-
22, the Planned Unit Development (PUD) time limits and time limit extension
requirements as found in Section 10.02.13.D of the Collier County Land
Development Code (LDC) to extend the tolling timeframe from May 12, 2011 to
May 12, 2012.
COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation to the Collier County Board of County Commissioners (BCC)
acting as the Community Redevelopment Agency (CRA) to approve the
submittal of the attached Rural Business Enterprise Grant (RBEG) application
to U.S. Department of Agriculture (USDA) Rural Development to augment the
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.
2. Recommendation to the Collier County Board of County Commissioners (BCC)
acting as the Community Redevelopment Agency (CRA) to approve the after -
the -fact submittal of the attached 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.
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Pg. 483 - 677
Pg. 678 - 862
Pg. 863 - 872
Pg. 873 - 975
Pg. 976 - 1069
3. Recommendation for the Collier County Community Redevelopment Agency Pg. 1070 -
(CRA) to approve a Right of First Refusal Agreement with Bayshore CAPA 1081
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.
4. Recommendation that the Community Redevelopment Agency (CRA) accept the Pg. 1082 -
conveyance of County-owned property (mobile home sites) within the 1097
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 HUD Settlement Statement, direct CRA staff to
record an executed Statutory Deed from the County; and approve payment and
C.
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authorize the CRA Executive Director to make payment from the Bayshore
Gateway Triangle CRA Fund 187 for all cost 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 No.
16E12).
S. Recommendation to approve a budget amendment authorizing the Community Pg. 1098 -
Redevelopment Agency (CRA) to reallocate $1,117,939.01 within the previously 1179
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 project budget.
PUBLIC UTILITIES DIVISION
1. Recommendation to waive competition and authorize sole- source purchases of Pg. 1180 -
closed circuit television pipeline inspection vehicles and pipeline inspection 1216
parts from Community Utilities Environmental Services, Inc., and approve the
purchase of a replacement pipeline inspection vehicle in the amount of
$199,920.
2. Award bid #11 -5657, Grease Hauling Services, to Rockfill Associates D /B /A Pg. 1217 -
Crews Environmental, Inc., in the estimated annual amount of $50,000. 1261
3. Recommendation to award bid number 11 -5653, " Riverwood Water Pg. 1262 -
Distribution System Replacement" in the amount of $955,626.67 to Andrew Site 1362
Work, LLC, to rehabilitate the potable water distribution system that serves the
Riverwood Subdivision, Project No 71010.5.
4. Recommendation to approve a Utility Easement to the Collier County Water- Pg. 1363 -
Sewer District for the construction and maintenance of water utilities for the 1368
landfill gas -to- energy facility at the Collier County Landfill, at no cost to the
County.
5. Recommendation to approve a work order in the Amount of $235,283.56 to Pg. 1369 -
Quality Enterprises USA Inc., for Lift Station 310.01 Rehabilitation under 1381
contract 08 -5011 - Annual Contract for Underground Utility Contracting
Services, Project 70046.
6. Recommendation to award Contract #11 -5673, "Disaster Debris Removal and Pg. 1382 -
Disposal Services," to three firms, and approve AshBritt Environmental 1396
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 the collection, removal and disposal of disaster generated
debris, which will ensure prompt, timely and efficient restoration of essential
services.
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D. PUBLIC SERVICES DIVISION
Recommendation to approve and authorize the Chairman to sign an
amendment to the 2009 -2010 Community Development Block Grant (CDBG)
Subrecipient Agreement with the City of Marco Island approved on February
23, 2010 (Item 16D1). This amendment is to revise Exhibit A, to update the
scope, budget, outcome performance measures, and extend project milestone
schedule dates in order to facilitate reimbursement.
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 the 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.
Pg. 1397-
1435
Pg. 1436-
1464
3. Recommendation to waive formal competition and approve additional funding Pg. 1465 -
to continue consulting services with York Claims Services Inc. (PO 1468
4500105855) providing Collier County with support as required for FEMA
claims for Tropical Storm Gabrielle, Hurricane Katrina and Hurricane Wilma
for time and material not to exceed $65,000.
4. Recommendation to approve and authorize the Chairman to sign three (3) Pg. 1469 -
Community Development Block Grant - Recovery (CDBG -R) subrecipient grant 1477
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.
5. Recommendation to approve and authorize the Chairman to sign four (4) Pg. 1478 -
satisfactions of mortgage for owner - occupied affordable housing units that 1502
have satisfied the terms of assistance or repayment in full to Collier County.
6. Recommendation to approve and authorize the Chairman to execute an Pg. 1503 -
amendment to the Florida Boating Improvement Program (FBIP) Grant 1507
extending the completion date of the Bayview Park Improvement Project.
7. Recommendation to approve and ratify Staff s extension of Contract No. 06- Pg. 1508 -
3971 "General Contracting Services" with PBS Construction, Inc. and related 1514
Work Order No. 45- 124175 "Goodland Boat Docks Installation of Ladders &
Cleats" for $14,620 in order to process the final invoice for work completed.
8. Recommendation to award Bid No. 11 -5628 to OAC Action Construction, Corp. Pg. 1515 -
for the construction contract of the Tigertail Beach Dune Walkover & 1519
Boardwalk Improvement Project No. 90093.1. and authorize the Chairman to
execute the standard contract after County Attorney approval.
9. To approve and authorize the Chairman to sign an amendment to the Collier Pg. 1520 -
County Hunger and Homeless Coalition (HHC) Subrecipient Agreement for the 1558
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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 16 -D19. This amendment will allow for a revision of
Exhibit A of the Subrecipient Agreement to accommodate the HHC 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 Pg. 1559 -
authorize the Chairman to sign six (6) Homelessness Prevention and Rapid Re- 1574
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.
11. Recommendation to approve and authorize the Chairman to sign a "Grantee Pg. 1575 -
Application for Advance Funding" to access funding for the Criminal Justice, 1584
Mental Health and Substance Abuse Reinvestment Grant. Funding has been
provided through a Memorandum of Understanding #LHZ25 from the Florida
Department of Children and Families.
E. ADMINISTRATIVE SERVICES DIVISION
1. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 1585 -
Subrogation Claims settled and /or closed by the Risk Management Director 1606
pursuant to Resolution # 2004 -15 for the second quarter of FY11.
2. Recommendation to approve a Donation Agreement with Corkscrew Regional Pg. 1607 -
Ecosystem Watershed Land and Water Trust, Incorporated (CREW) for 9.17 1615
acres under the Conservation Collier Land Acquisition Program, at a cost not to
exceed $1,000.
(03. Recommendation to approve the First Amendment to Lease Agreement, aka the Pg. 1616 -
cattle lease, for the Pepper Ranch Preserve under the Conservation Collier Land 1634
Acquisition Program and direct the County Manager, or his designee, to
implement the Lease Amendment terms.
% 4. Recommendation to approve an Access Easement to the Florida Department of Pg. 1635 -
Environmental Protection (FDEP) and a Declaration of Restrictive Covenant 1670
which will allow FDEP to monitor the cattle vat clean -up site at Pepper Ranch
Preserve and restrict public uses within the cattle vat clean -up site.
5. Recommendation to authorize the release of $250,000 held in escrow to Lake Pg. 1671 -
Trafford Ranch, LLLP, the Seller of Pepper Ranch Preserve, and approve the 1695
associated Budget Amendment.
6. Recommendation to approve Bid No. 11 -5644 "On -Call Roofing Contractor Pg. 1696 -
Services" to West Coast Florida Enterprises Inc. and Crowther Roofing 1750
Company.
7. Recommendation to accept the report concerning the sale and donation of Pg. 1751 -
Etj
10C
items associated with the County surplus auction held on April 30, 2011,
resulting in gross revenues of $187,456.50.
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 the 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.
1760
Pg. 1761-
1764
9. Recommendation to approve and ratify staffs Zero - Dollar Time Extension of Pg. 1765 -
Contract #09 -5195 with Boran Craig Barber Engel Construction Co. (BCBE) in 1770
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.
10. Recommendation to authorize the release of $27,105 in final payment and Pg. 1771 -
retainage amounts for the project known as Underground Storage Fuel Tanks 1782
Removal and Replacement, Bid No. 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 the Pg. 1783 -
Board approved Agreement with the Lely Community Development District for 1790
them to supply irrigation quality water to the combined site of the Emergency
Services Center and the South Regional Library at no additional cost to the
County, and to authorize the Chairman to sign the necessary documents
following County Attorney review.
12. Recommendation to approve a Resolution authorizing the Chairman of the Pg. 1791 -
Board of Collier County Commissioners (BCC) to execute a Statutory Deed for 1812
the 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 are not associated with costs
incurred by the County Code Enforcement Department to abate the violations:
Site Addresses 3000, 3152 & 3205 Karen Drive. Fiscal Impact: None.
(Companion to Item 16134)
F. COUNTY MANAGER OPERATIONS
1. Recommendation to approve and authorize the purchase of a replacement Pg. 1813 -
Water Tender Pumper from the Florida Sheriffs Bid List for the Ochopee Fire 1849
Control District.
2. Authorize the County Attorney to advertise an ordinance for future Pg. 1850 -
consideration which would amend Ordinance No. 04 -12, as amended, adding 1870
provisions relating to requirements for certificate holders operating non -
transport Advanced Life Support (ALS) services.
Recommendation to adopt a resolution approving amendments (appropriating Pg. 1871 -
IOC �,4
grants, donations, contributions or insurance proceeds) to the Fiscal Year 1873
2010 -11 Adopted Budget.
G. AIRPORT AUTHORITY
1. Approve budget amendments for $612,320 to increase budgeted revenues and Pg. 1874 -
budgeted expenses for the sale and purchase of aviation fuel at Marco Island 1881
Executive Airport, Immokalee Regional Airport, and Everglades Airpark.
Recommendation to approve the attached t- hangar lease agreement between Pg. 1882 -
the Collier County Airport Authority and Exec Air, Inc. of Naples, and High 1891
Soaring, Inc., and Aircraft Maintenance of Southwest Florida.
H. BOARD OF COUNTY CO
1. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1892 -
attendance at a function serving a Valid Public Purpose. Attended the City of 1896
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 Pg. 1897 -
attendance at a function serving a Valid Public Purpose. Attending the Gulf 1899
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.
Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1900 -
attendance at a function serving a Valid Public Purpose. Attended the Eastern 1902
Collier Chamber of Commerce Breakfast in Immokalee, FL on April 6, 2011. $15
to be paid from Commissioner Coletta's travel budget.
4. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1903 -
attendance at a function serving a Valid Public Purpose. Attended the Collier 1906
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.
Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1907 -
attendance at a function serving a Valid Public Purpose. Attended the League of 1910
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.
MISCELLANEOUS CORRESPONDENCE
OTHER CONSTITUTIONAL OFFICERS
1. To obtain Board approval for disbursements for the period of April 23, 2011 Pg. 1911 -
through April 29, 2011 and for submission into the official records of the Board. 1927
To obtain Board approval for disbursements for the period of April 30, 2011 Pg. 1928 -
10C
through May 6, 2011 and for submission into the official records of the Board. 1942
3. Recommendation that the Board of County Commissioners approve a budget Pg. 1943 -
amendment in the amount of $9,912.46 recognizing Federal HHS Vote Program 1956
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 Sheriffs' Office to issue
trespass warnings for unauthorized use of County property.
Recommendation to approve and authorize the Chairman to sign the attached
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.
17. SUMMARY AGENDA
This section is for advertised public hearings and must meet the following criteria: 1) A
recommendation for approval from staff; 2) Unanimous recommendation for approval by
the Collier County Planning Commission or other authorizing agencies of all members
present and voting; 3) No written or oral objections to the item received by staff, the Collier
County Planning Commission, other authorizing agencies or the Board, prior to the
commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No
individuals are registered to speak in opposition to the item. For those items which are
quasi - judicial in nature, all participants must be sworn in.
A. This item requires that ex parte disclosure be provided by Commission members.
Should a hearing be held on this item, all participants are required to be sworn in.
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 the 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 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 will allow
development of a 500 -seat church, a single - family residence and preschool of up to
150 students along with other permitted and accessory uses commonly associated
with a church and preschool use. The property is located at the corner 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.
Pg. 1957-
1960
Pg. 1961-
1982
Pg. 1983-
2135
B. Recommendation to adopt a resolution approving amendments (appropriating carry Pg. 2136 -
forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted 2138
Budget
18. ADJOURN
10C
Inquiries concerning changes to the Board's Agenda should be made to the
County Manager's Office at 252 -8383.
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