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Backup Documents 07/26/2011 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 July 26, 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 -249 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 July 26, 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 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 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Kathleen D. Korb - Unitarian - Universalist Congregation of Greater Naples Invocation Given 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 — 510 B. June 14, 2011 - BCC /Regular Meeting Minutes Approved as presented — 5/0 Page 2 July 26, 2011 C. June 15, 2011 - BCC /Regular Meeting (Carryover ) Minutes Approved as presented — 5/0 D. June 16, 2011 - BCC /Budget Workshop Meeting Minutes Approved as presented — 510 E. June 28, 2011 - BCC /Regular Meeting Minutes Approved as presented — 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. EMPLOYEE 1) 20 YEAR ATTENDEES a. Mark Gedvillas, Wastewater Presented b. William Combs, Wastewater Presented 2) 25 Year Attendees a. Marc Stephenson, Water Presented b. Leo E. Ochs, Jr., County Manager Presented C. Jesse Komorny, Wastewater Presented d. Jon Flomerfelt, Wastewater Presented B. ADVISORY BOARD MEMBERS 1) 5 YEAR ATTENDEES a. Keith W. Upson, Black Affairs Advisory Board Page 3 July 26, 2011 5. Presented b. Joe Swaja, County Government Productivity Committee Presented C. Margaret Harris, Golden Gate Beautification Advisory Committee Presented d. Joseph Langkawel, Isles of Capri Fire Control District Advisory Committee Presented 2) 10 YEAR ATTENDEE a. Anthony P. Pires, Jr. Committee Not Present 3) 15 YEAR ATTENDEE Collier County Coastal Advisory a. Richard E. Joslin. Contractors Licensing Board Not Present PROCLAMATIONS A. Proclamation designating August 13 -14, 2011 as "Spirit of 45" Days in Collier County. To be accepted by Lavern Gaynor, Lois A. Bolin, Ph.D., Peter Thomas and Jim Elson. Sponsored by Commissioner Fiala. Adopted — 510 PRESENTATIONS A. Presentation of the Collier County Business of the Month award to Salazar Machine & Steel. Accepting the award will be Pete Salazar, President of Salazar Machine & Steel. Presented B. Recommendation to recognize Alfred Robertson, Recycling Specialist, Solid Waste Department, as the Employee of the Month for June, 2011. Page 4 July 26, 2011 Presented 6. PUBLIC PETITIONS A. Public Petition request from Michael George Hagan regarding his concern for safety on East Tamiami Trail and his ideas to reduce homelessness. Not Present 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 A. This item to be heard at 2:00 P.m. This item requires that ex parte disclosure be provided by Commission members. All participants are required to be sworn in. RZ- PL2009 -25: The Gordon River Greenway Park — Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established 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 Rural Agriculture (A), Rural Agriculture (A) with an ST Overlay, Conservation (CON), Conservation (CON) with an ST Overlay, Commercial Intermediate (C -3), Residential Multi - Family District 6 [RMF -6(3)] and Residential Multi - Family District 6 [RMF -6(3)] with ST Overlay zoning districts to the Public Use (P) zoning district for a public park with an ST Overlay to be known as the Gordon River Greenway Park; and by providing an effective date. The 123.6 + /- acre subject property is located on the east side of Goodlette -Frank Road (CR -851) and south of Golden Gate Parkway (CR -886), in Sections 27 and 34, Township 49 South, Range 25 East, Collier County, Florida. Ordinance 2011 -25 Adopted w/o attaching Advisory Board's conditions until design portion is completed — 510 B. This item to be heard at 11:00 a.m. Recommendation that the Board of County Commissioners adopt the Collier County Florida - Friendly Use of Fertilizer on Urban Landscapes. Ordinance 2011 -24 Adopted - 3/2 (Commissioner Fiala and Commissioner Henning opposed) Page 5 July 26, 2011 C. This item to be heard at 10:15 a.m. This item requires that ex parte disclosure be provided by Commission members All participants are required to be sworn in. SRAA- PL2011 -0657: Ave Maria SRA - Resolution amending Resolution Numbers 2004 -89 and 2005 -234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b; to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road. The property is located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida. (Companion: DOA- PL2011 -0653) Resolution 2011 -131 Adopted - 5/0 D. This item to be heard immediately following Item #8C 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. DRI- PL2011 -0653: Ave Maria DRI: Resolution amending Resolution Number 05 -235 (Development Order No. 05 -01), as amended, for the Town of Ave Maria Development of Regional Impact ( "DRI ") located in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida; by providing for: Section One, Amendments to Development Order by revising Exhibit C: SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b, relocate Town Center 2b to Oil Well Road and relocate an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, Transmittal to Department of Community Affairs and Effective Date. (Companion: SRAA- PL2011- 0657) Resolution 2011- 132/Development Order 2011 -03 Adopted — 510; Making known that the Board has no authority in the adjustment of fire fees Moved from Item #17D and heard subsequent to Item #10A and Item #10J (Per Agenda Change Sheet) E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. Resolution 2011 -134 Adopted - 4/1 (Commissioner Hiller opposed) Page 6 July 26, 2011 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Black Affairs Advisory Board. Resolution 2011 -126: Appointing Jennifer W. Williams (term expiring June 25, 2014) and Frank L. Cummings and Vaughn Young (terms expiring June 25, 2015) — Adopted 5/0 B. Appointment of member to the Hispanic Affairs Advisory Board. Resolution 2011 -127: Re- appointing Manuel Gonzalez — Adopted 510 C. Appointment of alternate member to the Collier County Code Enforcement Board. Resolution 2011 -128: Appointing Christopher Devin Hudson as alternate member (w /term expiring Feb. 14, 2014) — Adopted 4/1 (Commissioner Hiller opposed) D. Appointment of member to the Environmental Advisory Council. Resolution 2011 -129: Re- appointing Michael Sorrell (non- technical category) — Adopted 3/2 (Commissioner Fiala and Commissioner Coyle opposed) E. Appointment of members to the newly created Rock Road Improvement MSTU Advisory Committee. Resolution 2011 -130: Appointing Renee Darcy, Douglas L. Allemong and Daniel J. Wing — Adopted 510 F. Advisory Board Vacancies advertised in the Press Release of July 14, 2011. Vacancies presented by BCC Executive Manager Ian Mitchell Companion to Item #12A (Per Agenda Change Sheet) G. PHU Agreement (Commissioner Hiller) Discussed; Moved to Item #12A H. Commercial Redevelopment Impact Fee Executive Summary. (Commissioner Hiller) Presented and Discussed 10. COUNTY MANAGER'S REPORT Page 7 July 26, 2011 A. Recommendation to execute a Transportation Regional Incentive Program (TRIP) Agreement between the Florida Department of Transportation (FDOT) and Collier County to provide funding in the amount of $1,400,000 in FDOT Fiscal Year 2011/12 for construction of the Primary Collier Area Transit (CAT) Intermodal Transfer facility at the Government Center; to approve a resolution authorizing Chairman of the Board of County Commissioners (BCC) to sign the agreement; to approve the required budget amendments; and to endorse the project for bidding purposes. (Michelle Arnold, Director, Alternative Transportation Modes, GMD /Construction & Maintenance) Resolution 2011 -133 Adopted - 4/1 (Commissioner Hiller opposed) B. Recommendation to approve the award of RFP #11 -5650, Intelligent Transportation Systems (ITS) for Collier Area Transit (CAT) Program to Avail Technologies, Inc. for an estimated $1,109,947, in FY 2011 and $449,366 in FY 2012 and authorize the Chairman to execute the contract. (Michelle Arnold, Director, Alternative Transportation Modes, GMD /Construction & Maintenance) Approved — 4/1 (Commissioner Henning opposed) C. This item to be heard at 1:00 P.m. Recommendation to review and approve the proposed Collier County 2012 State Legislative Priorities (Debbie Wight, Legislative Affairs Coordinator, Communication & Customer Relations Department) Motion to approve with Commissioner Henning to present at the Legislative Delegation on August 18, 2011— Approved 311 (Commissioner Hiller opposed priorities and Commissioner Coletta absent) D. Recommendation to approve and authorize the Chairman to sign Change Order #1 to Contract #10 -5541 with Paradise Advertising and Marketing, Inc. for up to $800,000 in additional media and production billing at gross in accordance with their agreement with Collier County. (Jack Wert, Tourism Director) Approved — 4/1 (Commissioner Hiller opposed) E. Recommendation to approve and authorize the Chairman to sign a project modification for rehabilitation activities funded through the Neighborhood Stabilization Program. The modification will allow stolen items to be Page 8 July 26, 2011 replaced and secured against future theft. (Fiscal impact $33,778) (Frank Ramsey, Housing Development Manager) Motion to approve based on the assurance from Staff that there is contract buyer on the property and the Clerk, County Attorney and County Manager to work with housing staff to correct the problems and make sure the work is done — Approved 3/2 (Commissioner Coyle and Commissioner Hiller opposed); Direction to County Manager to stop purchasing property, proceed with current contracts ready to close this week and find alternatives to running the program — Approved 510 Moved to Item #16D20 (Per Commissioner Henning during Agenda Changes) F. Recommendation to approve and authorize the Chairman to sign an amendment to the 2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the Community Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item #16D3). This amendment will correct a scrivener's error and revise scope of services on the original agreement to include travel costs. (Rosa Munoz, Grants Coordinator, Housing, Human and Veteran Services) G. This item to be heard at 9:45 a.m. Recommendation to adopt a Resolution establishing proposed millage rates as maximum property tax rates to be levied in FY 2011/12 and Reaffirm the Advertised Public Hearing Dates in September, 2011 for the Budget approval process. (Mark Isackson, Director, Corporate Financial and Management Services, County Manager's Office) Resolution 2011 -125 Adopted - 5/0 Moved from Item #16D14 (Per Agenda Change Sheet) H. Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and sign the supporting resolution and certifications for submission to the United States Department of Housing and Urban Development (HUD) Resolution 2011 -136 Adopted - 4/1 (Commissioner Hiller opposed) Moved from Item #16D1 (Per Agenda Change Sheet) I. Recommendation to approve final submission of the Disaster Recovery Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of Community Affairs for funding in the amount of $3,323,962. Page 9 July 26, 2011 Approved w /stipulation — 3/1 (Commissioner Hiller opposed and Commissioner Henning absent) Moved from Item #16A19 (Per Agenda Change Sheet) J. Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) Park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. Approved — 510 Moved from Item #16C5 (Per Agenda Change Sheet) K. Recommendation to approve the Renewal and Amendment of the Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County Water -Sewer District. Approved — 4/1 (Commissioner Hiller opposed) Moved from Item #16F5 - Companion to Item #10A (Per Agenda Change Sheet) L. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. Resolution 2011 -135 Adopted — 4/1 (Commissioner Hiller opposed) Moved from Item #16D19 (Per Commissioner Fiala during Meeting) M. Recommendation to reject Invitation to Bid #11 -5697 for the construction of Immokalee South Park Community Building due to considerations in bidding associated with Housing and Urban Development (HUD) requirements not considered in solicitation. Approved staffs recommendations — 510 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS Companion to Item #9G (Per Agenda Change Sheet) Page 10 July 26, 2011 A. To obtain Board approval for disbursements for the period July 18, 2011 through July 20, 2011 and for submission into the official records of the Board. Approved — 4/1 (Commissioner Hiller opposed) 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT AUTHORITY B. COMMUNITY REDEVELOPMENT AGENCY Moved from Item #16B1 (Per Agenda Change Sheet) 1) Recommendation to approve local advisory board members and CRA staff's attendance at the Florida Redevelopment Association's 2011 Annual Conference including payment of attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. (Estimated Fiscal Impact: Approximately $839 per person) Motion to approve funding w /only staff attending — Approved 4/1 (Commissioner Fiala opposed) 14. PUBLIC COMMENTS ON GENERAL TOPICS 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Hiller — Toured the Public Utilities Division; Arthrex Vote and would like retractions in Naples Daily News regarding False statements about her. B. Commissioner Fiala — Her response to Commissioner Hiller request for a retraction regarding false statements about her; Commenting on Leo Ochs 25 year attendance. C. Commissioner Henning — Mike Sheffield to get copies of today's Invocation for everyone; Would like to discuss how to stay on the agenda topic and stay focused; Would like County Manager to get him a number of Community Centers in each district. D. Commissioner Henning — Motion to Adjourn — Approved 510 Page 11 July 26, 2011 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 — 510 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Ronald M. Medeiros Code Enforcement Board Case No. CEPM20090009462, relating to property located at 8 Pelican Street West, Collier County, Florida. Waiving $171,000 in fines for property that has been brought into compliance by the new owners 2) Recommendation to award a construction contract to Bonness, Inc. for Bid No. 11 -5687 - Pine Ridge Road right turn lane improvements at Livingston Road, Project No. 60016, in the amount of $94,344.02. Involves extending an eastbound right turn lane on Pine Ridge Road at the Livingston Road intersection and includes pavement, curb & gutter, sidewalk, relocating street poles and drainage improvements 3) Recommendation to award a construction contract to Bonness, Inc. for Bid No. 11 -5682 - Vanderbilt Beach Road intersection improvements at Goodlette -Frank Road, Project No. 60016, in the amount of $129,090.34. Includes repair and construction of pavement, curb & gutter and sidewalk improvements at the four corners of the intersection 4) 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. Recommendation to approve recording the final plat of Lakoya Replat of Lot 86. Developer must receive a Certificate of Adequate Public Facilities prior to being issued the construction plan final approval Page 12 July 26, 2011 5) 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. Recommendation to approve recording the final plat of Arezzo at Tuscany Reserve Replat. Developer must receive a Certificate of Adequate Public Facilities prior to being issued the construction plan final approval 6) Recommendation to approve final acceptance of the pump station and connecting force main utility facility for Avellino Isles, 595 Avellino Isles Circle, 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. Located in the Vineyards 7) Recommendation to approve a budget amendment in the amount of $71,604.37 for Traffic Accident Reimbursements, Project #60076.1, and to recognize revenues for future repairs. Used to repair landscaped medians and replace plants and broken irrigation components because of vehicle damage during accidents 8) Recommendation to reject Bid #11 -5733 "Irrigation Parts, Pumps and Related Items." Because of a lack of competition and inconsistent responses staff will restructure the bid to attract qualified responsive bidders 9) Recommendation to amend Resolution No. 06 -200 in order to revise the membership requirements of the Floodplain Management Planning Committee and direct the County Manager to re- appoint Committee members in the category of "members of the public." Resolution 2011 -118 10) Recommendation to enter into a Landscape Maintenance Agreement with Marsala at Tiburon Homeowner's Association for work performed along the Livingston Road County Right -of -Way. The HOA will be responsible for all permitting, installation, and ongoing maintenance costs associated with the agreement 11) Recommendation to approve the 2011 Annual Progress Report to the Collier County Transit Development Plan and authorization for submission to the Florida Department of Transportation (FDOT). Page 13 July 26, 2011 As detailed in the Executive Summary 12) Recommendation to award Bid #11 -5604R for "Lely MSTU Doral Circle Roadway Sidewalk Improvements" and award a contract to Bonness Inc. in the amount of $90,524.42 and approve a Budget Amendment in the amount of $110,000 from Lely MSTU Fund 152 to fund bridge improvements and purchase light poles for the project as endorsed by the Lely Golf Estates Beautification MSTU. 13) Recommendation to award Invitation to Bid (ITB) #10 -5528 to AC Signs, LLC for Bus Shelter Installation in an estimated annual amount of $150,000; to authorize the Chairman to execute the contract; and, to authorize the County Manager or his designee, to evaluate the existing shelter design and explore possible options. For the installation of 13 shelters that are currently in stock 14) Recommendation to cancel the previously executed agreement with the Collier Soil and Water Conservation District concerning the Northern Golden Gate Estates Flowway Restoration Plan, Collier County Project No. 33134; to accept and approve funding Agreement No. 50539 from the Florida Department of Environmental Protection and approve a budget amendment in the amount of $75,000 for Project No. 33134; and to use the South Florida Water Management District $75,000 funding, accepted by the Board on December 14, 2010 and currently budgeted in Project No. 33134, as the 50% match required in FDEP Agreement No. S0539. As detailed in the Executive Summary 15) Recommendation to reject Invitation to Bid (ITB) #11 -5629R "Background Check Services" and associated quotes that were submitted. The annual impact associated with this solicitation is approximately $75,000. Because of bidder confusion regarding service and pricing requirements a new solicitation will be issued to further clarify requirements 16) Recommendation to approve Change Order #6 in the amount of $355,916.44 to Contract #10 -5366 with Stevens and Layton, Inc. to complete the Gateway Triangle Phase 2 Stormwater Construction Project. (Project #51803) Page 14 July 26, 2011 As detailed in the Executive Summary 17) Recommendation to approve and ratify staff's zero - dollar time extension to Contract #06 -3980 "Fixed Term Professional Engineering Services" with Cardno /TBE and related Work Order #4500115973, dated February 16, 2010 in order to process the consultant's final invoice for work completed for upgrading the existing span wire traffic signal at Airport- Pulling Road and Pine Ridge Road to a steel mast arm assembly. The work order for the project was allowed to expire in May, 2011 and requires Change Order No. 3 18) Recommendation that the Board of County Commissioners approve and ratify staff s authorization of a change order to extend Work Order #4500105331 for SCOOT Drafting Services. Enabling the Finance Department to process the final invoice on the contract that had expired January, 2010 Moved to Item #10J (Per Agenda Change Sheet) 19) Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) Park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. 20) Recommendation to reject Bid #11 -5718 for the replacement of Bridge No. 030152 at Oil Well Road and authorize re- advertisement of the project in accordance with ITB #11- 5718B. Staff felt bids received were too high for the project replacing a bridge at Oil Well Road and SR29 over the Barron River Canal B. COMMUNITY REDEVELOPMENT AGENCY Moved to Item #13111 (Per Agenda Change Sheet) 1) Recommendation to approve local advisory board members and CRA staff's attendance at the Florida Redevelopment Association's 2011 Annual Conference including payment of attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Page 15 July 26, 2011 Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. (Estimated Fiscal Impact: Approximately $839 per person) 2) Recommendation to reject the lone bid received by Regions Bank under Invitation to Bid (ITB) #11 -5702 which was issued in an attempt to refinance, at the lowest overall financing cost, the current Bayshore /Gateway Triangle CRA Series 2009 Term Loan and to direct the County Manager or his designee to negotiate more favorable finance terms with Fifth Third Bank, the current note holder, with the intent to lower the overall debt service cost. Due to the unacceptable terms proposed by Region's Bank 3) 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. (3249 Cottage Grove Avenue - Fiscal Impact: $647.83) 4) Recommendation to the Collier County Board of County Commissioners (BCC), acting as the Community Redevelopment Agency (CRA), to approve the submission of a letter to the Collier County Housing, Human and Veteran Services Department (HHVS) in application for Florida Department of Community Affairs (DCA) Disaster Recovery Initiative (DRI)/ Disaster Recovery Enhancement Funds (DREF) grant opportunity seeking grant funding in the amount of $2,100,000 to support further implementation of the Immokalee Stormwater Master Plan. Consisting of six regions in that area that includes: Downtown Immokalee, Madison Creek Ditch, Immokalee Drive, Fish Creek, Slough Cross and Lake Trafford 5) Recommendation to approve the shortlist for RFP #1 1-5697, CEI Services for the Bayshore Gateway Triangle CRA Stormwater Improvements. For the $2.7 million drainage improvement project for the residential section of the Gateway Triangle area proposed in the Tertiary Stormwater System Improvement Plan 6) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Commercial Building Improvement Grant Page 16 July 26, 2011 Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3639 Bayshore Drive - Fiscal Impact: $50,000) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve and ratify staffs extension of Work Order No. 4500101204 with Hole Montes Engineering, Inc., to process the consultant's final invoice of $2,184.54 for work completed at the South County Water Reclamation Facility. Enabling the Finance Department to process associated invoices for the contract that had expired March, 2010 2) Recommendation to approve a budget amendment in the amount of $120,000 to reallocate budgeted operating expenses between operating fund centers within the Utility Billing and Customer Service Department to reflect FY2011 forecasted expenditures. As detailed in the Executive Summary 3) Recommendation to approve an amendment to Contract #06 -3972 with Tele- Works, Inc., to transfer the Utility Billing and Customer Service Department's existing Interactive Voice Response Software System to a hosted environment, waive the formal bid process, and approve a contract with Collector Solutions Inc. for credit card and Automated Clearing House processing to meet Payment Card Industry Data Security Standards compliance for automated telephone payments. 4) Recommendation that the Collier County Water -Sewer District administer a program to refund utility impact fees and Allowance for Funds Prudently Invested fees, as applicable, for properties not connected to the utility infrastructure and located in areas within the utility's service district boundaries that are currently exempt from the imposition of such fees. Moved to Item #10K (Per Agenda Change Sheet) 5) Recommendation to approve the Renewal and Amendment of the Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of County Commissioners of Page 17 July 26, 2011 Collier County, Florida, as the Ex- Officio Governing Board of the Collier County Water -Sewer District. 6) Recommendation to authorize renewal of non - standard sole- source Contract #10 -5583 for a period of five more years and add the purchase of Siemens Industry, Inc., Bioxide Plus 71 for use by the Public Utilities Division's Wastewater Department in the estimated annual amount of $543,895. Used for odor control with a term expiring November 27, 2016 D. PUBLIC SERVICES DIVISION Moved to Item #10I (Per Agenda Change Sheet) 1) Recommendation to approve final submission of the Disaster Recovery Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of Community Affairs for funding in the amount of $3,323,962. 2) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida supporting the County's applications to the Florida Department of Environmental Protection (FDEP) for Long Range Budget Plan Requests for Inlet Management Plan and Beach Renourishment Projects for Fiscal Year 2012 -2013 and authorization of any necessary budget amendments. Resolution 2011 -119 3) Recommendation to approve a budget amendment recognizing $63,073.20 in revenue generated as program income when conveying property acquired through the Neighborhood Stabilization Program. (Fiscal Impact: $63,073.20) For the property sold at 3120 Wilson Boulevard, Naples 4) Recommendation to approve Category "A" Tourist Development Fund 183 Grant Applications for Beach Park Facilities FY 2011/12 in the amount of $1,025,000, make a finding that the expenditure will promote tourism, and authorize the Chairman to sign necessary agreements following County Attorney approval. As detailed in the Executive Summary Page 18 July 26, 2011 5) Recommendation to approve Category "A" Tourist Development Council Grant Applications from the City of Naples, the City of Marco Island and Collier County for FY- 2011/2012 in the amount of $2,884,950 and authorize the Chairman to sign grant agreements after County Attorney's approval. As detailed in the Executive Summary Continued to the September 13, 2011 BCC Meeting (Per Agenda Change Sheet) 6) Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. 7) Recommendation to award Bid #11-5706 to DeAngelis Diamond, Inc. in the amount of $422,890 (omitting Bid Alternate No. 3) for the construction contract of the Bluebill Ave. Beach Access Turnaround Project No. 80058 and authorize the Chairman to execute the standard contract after County Attorney approval. Includes modifications to existing street lanes, installation of a turnaround drop -off lane, asphalt paving, brick pavers and boardwalk access, sidewalk improvements, bike racks, benches, concrete, a foot shower and landscape improvements 8) Recommendation to reject ten (10) proposals received under Invitation to Qualify (ITQ) # 11 -5681, Rehab of Residential Structures and to reissue a new solicitation. Critical HUD Section 3 selection criteria was omitted from the original qualification package that will use NSP Funds for rehab 9) Recommendation to approve a budget amendment recognizing $50,000 in compensation for FYI from the City of Marco Island pursuant to Interlocal Agreement. (Fiscal impact: $50,000) In return for making affordable housing programs available to their residents Marco Island compensates the County with 10% of the City's annually collected building permit fees or $50,000, whichever is greater 10) Recommendation to authorize the Chairman to approve the submission of the 2011 -12 State of Florida Challenge Grant application and authorize the County Manager to sign authorizations Page 19 July 26, 2011 on the completed application before submission. The application is for $100,000 and must be submitted to the Department of Children & Family Services Office on Homelessness (DCF) no later than August 10, 2011. This grant application has no effect on ad valorem or general fund dollars. Projects applying for grant funds include: Collier County BCC Homeless Management Information System, St. Matthew's House and the Shelter for Abused Women & Children 11) Recommendation to approve and authorize the Chairman to sign a Homelessness Prevention and Rapid Re- Housing (HPRP) amendment to the subrecipient grant agreement with the Collier County Hunger and Homeless Coalition (HHC) 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. Additional information was required on documentation, records, audits and inspections to maximize agreement transparency 12) Recommendation to approve and authorize the Chairman to sign agreements between the Area Agency on Aging of Southwest Florida, Inc. and Collier County and approve budget amendments to reflect a decrease of $22,232 in funding for the FYI 1-12 State General Revenue Senior's Programs. Decreasing funds for the Community Care of the Elderly, Alzheimer's Disease Initiative & Home Care for the Elderly Programs 13) Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #IODB -D4- 09- 21- 01 -K09 between the Florida Department of Community Affairs and Collier County to reallocate portions of the funds among and within projects, update budget documents, work plans, number of beneficiaries, and sign an associated subrecipient agreement amendment with the Collier County Bayshore Gateway Triangle Community Redevelopment Agency. Revisions required before final approval will be given by DCA Moved to Item #10H (Per Agenda Change Sheet) Page 20 July 26, 2011 14) Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and sign the supporting resolution and certifications for submission to the United States Department of Housing and Urban Development (HUD) 15) Recommendation to approve and authorize the Chairman to sign one (1) Mortgage and Note Modification Agreement for Single Family Rehabilitation to reconcile the total funds disbursed on previously recorded security instruments. For property located at 700 Habitat Center, Immokalee 16) Recommendation to approve and ratify Staff's authorization of a one- time price increase requested by Caribbean Lawn & Garden based on unexpected site conditions at county -owned Neighborhood Stabilization Program properties. This modification will authorize payment for services in the amount of $1,960. Staff had issued an unauthorized change order that was not processed in compliance with Collier County's Purchasing Policy 17) Recommendation to approve and authorize the Chairman to sign an amendment to an agreement between David Lawrence Center, Inc. and Collier County for the Adult Drug Court Discretionary Grant Program, to reallocate funds among line items, decrease the contractual amount, neither of which impact the total grant award. Reallocating travel and supply funds and reducing the grant $10, 210 to pay Housing, Human and Veteran Services for grant administration bringing the revised award amount to $187,404 18) Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #08DB -D3- 09- 21- 01 -A03 between the Florida Department of Community Affairs and Collier County. This modification will extend the grant period. Modification No. 7 revising work plans and reflecting the new ending date of November 13, 2011 Moved to Item #10M (Per Commissioner Fiala during Meeting) 19) Recommendation to reject Invitation to Bid #11 -5697 for the construction of Immokalee South Park Community Building due to Page 21 July 26, 2011 considerations in bidding associated with Housing and Urban Development (HUD) requirements not considered in solicitation. Motion to reconsider — Approved 510 Moved from Item #10F (Per Commissioner Henning during Agenda Changes) 20) Recommendation to approve and authorize the Chairman to sign an amendment to the 2010 Community Development Block Grant (CDBG) Subrecipient Agreement with Community Redevelopment Agency (CRA) Immokalee approved on October 26, 2010 (Item 16D3). Amendment will correct a scrivener's error and revise scope of services on the original agreement to include travel costs. (Rosa Munoz, Grants Coordinator, Housing, Human and Veteran Services) E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve and ratify staff's Zero - Dollar Time Extension of Contract #04 -3576, Construction Manager at Risk, Annex & Parking Garage, with Kraft Construction Co., Inc., in order to process the Contractor's final invoice for work completed on the Courthouse Annex - Project No. 52533 and close out the contract; and authorize the County Manager or his designee to sign the necessary documents. Revising the contract completion date to August 1, 2011 2) Recommendation to reject proposals for RFP #11-5609 "Real Estate Appraisal Services ". Authorizing staff to obtain price quotes for work performed on a job -by -job basis thereby avoiding any contract awards 3) Recommendation to approve and authorize the Chairman to sign an Agreement between the Board of County Commissioners (BCC) and the International City Management Association Retirement Corporation (ICMA -RC) for the latter to continue to provide 457 deferred compensation services to employees. For an agreement period of five years 4) Recommendation to ratify a sole source repair to the County's Thermal Storage Tanks made by FAFCO, Inc., in the amount of $170,406. Page 22 July 26, 2011 To release a $23,067 invoice payment for recently completed work performed on the County's HVAC System 5) Recommendation to award and authorize the Chairman to sign a contract with Allegiance, Inc. for Group Health Third Party Administration Services in the amount of $690,976 annually. Replacing Meritain Health for the period January 1, 2012 through December 31, 2014 with an option to renew for two (2) additional one (1) year periods 6) Recommendation to ratify one (1) addition and deletions to the 2011 Fiscal Year Pay and Classification Plan made from April 1, 2011 through June 30, 2011. 7) Recommendation to recognize and appropriate revenue for special services in the amount of $44,173.94 & $20,351.98 for reimbursement for fingerprinting charges to Facilities Management's cost centers and approve all necessary Fiscal Year 2011 budget amendments. For building maintenance and background checks performed on staff and contractors 8) Recommendation to provide after - the -fact approval for the submittal of a Request for Fire Management Assistance Subgrant application to the Florida Division of Emergency Management for reimbursement of expenses incurred during the Florida Slope Fire. Preliminary expenses total approximately $50,000 and would be reimbursed by FEMA (75 %) and the State of Florida (25 %) 9) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. For the report period of May 18, 2011 through July 7, 2011 F. COUNTY MANAGER OPERATIONS Continued to the September 13, 2011 BCC Meeting (Per Agenda Change Sheet) 1) Modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP. 2) Recommendation to approve and authorize the Chairman to sign three FY 11/12 Tourist Development Tax Category B Grant Agreements; Page 23 July 26, 2011 two with Corrigan Sports Enterprises, Inc. and one with Naples International Film Festival, Inc. totaling $40,000. For lacrosse events and the Naples International 2011 Film Festival that will be held in November, 2011. Continued to the September 13, 2011 BCC Meeting (Per Agenda Change Sheet) 3) Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FYI 1 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B Marketing Grant. 4) Report to the Board of County Commissioners covering budget amendments impacting reserves in an amount totaling $25,000 or less. Budget Amendment #11 -363 in the amount of $11,186.10 for Emergency Management helicopter repair Moved to Item #10L - Companion to Item #10A (Per Agenda Change Sheet) 5) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. G. AIRPORT AUTHORITY 1) Recommendation that the Board of County Commissioners (BCC), acting as the Airport Authority, approves and authorizes the Chairman to execute Hole Montes Work Order under Contract #09- 5262 -AE in the amount of $23,766.95 for engineering consulting services required to design and bid the airfield lighting rehabilitation project at the Immokalee Regional Airport. Associated with Runway 18 -36 and includes rehab work on taxiway lighting and a new rotating beacon 2) Recommendation to authorize budget amendments to recognize revenue from Federal Emergency Management Agency (FEMA) in the amount of $187,270.83 and return funds in the amount of $274,550.99 to Immokalee Infrastructure Fund 497 borrowed to reconstruct facilities at Everglades Airpark damaged by Hurricane Wilma. For reconstruction of the t- hangar building at Everglades Airpark Page 24 July 26, 2011 3) Recommendation to authorize a budget amendment to transfer $20,103.85 remaining in the Everglades Airpark Dwelling Project to Reserve for Contingencies to be used as match funds for future grants. For unused Hurricane Wilma insurance proceeds received for damage to the sheriffs dwelling at the Everglades Airport 4) Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for providing electric service to the Immokalee Airport USDA Building located at 190 Airpark Boulevard, Immokalee at a cost not to exceed $27. For fiber optic telecommunications and television 5) Recommendation to approve a License Agreement between the Collier County Airport Authority and Serenity Construction Services, Corp. relating to the harvesting of palmetto berries at the Immokalee Regional Airport. An agreement September 1, through October 31, 2011 and paying the Authority $.10 (ten cents) per pound of berries harvested H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a lunch meeting at Arthrex, Naples, FL on June 3, 2011. $10 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. Attended CBIA June General Membership Meeting at CBIA, Naples, FL. $16 to be paid from Commissioner Coletta's travel budget. Located at 3200 Bailey Lane, Suite 110, Naples 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Beautiful Marco Celebration Dinner on June 27, 2011 at the Marco Marriott on Marco Island, FL. $47 to be paid from Commissioner Fiala's travel budget. Located at 400 S. Collier Boulevard, Marco Island Page 25 July 26, 2011 I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of June 11, 2011 through June 17, 2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of June 18, 2011 through June 24, 2011 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of June 25, 2011 through July 1, 2011 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of July 2, 2011 through July 8, 2011 and for submission into the official records of the Board. 5) To obtain Board approval for disbursements for the period of July 9, 2011 through July 15, 2011 and for submission into the official records of the Board. 6) Recommend approval of a Budget Amendment to Fund 611 E -911 in the amount of $200,000 for unanticipated expenses for base telephone costs and other equipment repairs & maintenance. 7) Recognize carry forward from Fund 602, Confiscated Trust Funds, and approve the expenditure of $146,000 in Confiscated Trust Funds as required grant match for the Public Safety Interoperable Communications (PSIC) grant, and transfer said funds to Sheriffs Grant Fund 115. 8) Recognize revenue from Circuit Criminal Fines in the amount of $34,166.55, approve the use of $25,000 of those Confiscated Trust Funds for support of Collier 211 Campaign, and place the balance of $9,166.55 in Reserve for Contingencies. Page 26 July 26, 2011 Connecting those in the community to information and services 9) Pursuant to Florida Statute 318.18(13)(b) the Clerk of the Circuit Court is required to file the amount of traffic infraction surcharges collected under Florida Statute 318.18(13)(a)(1) with the Board of County Commissioners. 10) Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2010 through March 31, 2011. 11) Recommendation that the Board accept the investment status update report for the quarter ending June 30, 2011. As detailed in the Executive Summary 12) Recommendation that the Collier County Board of County Commissioners approve a resolution changing the boundaries and numeric designations of certain precincts due to consolidation with adjacent precincts. Resolution 2011 -120 K. COUNTY ATTORNEY 1) Recommendation to approve a Mediated Settlement Agreement with business owner, East Coast Waffles, Inc., and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding business damages in the amount of $30,000 for Parcels 1 l OFEE and 110TCE in the lawsuit styled Collier County v. A. L. Subs, Inc., et al., Case No. 09- 3691 -CA (Collier Boulevard Project #60092). (Fiscal Impact: $57,325) 2) Recommendation that the Board of County Commissioners direct the Collier County Health Facilities Authority to disburse grant funds to certain non - profit health service agencies. Turning over $170,000 to the Board for disbursal or direction 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 Page 27 July 26, 2011 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. Recommendation to approve Petition VAC - PL2011 -905, to disclaim, renounce and vacate the County's and the Public's interest in a 30 -foot wide easement as originally created by Official Record Book 457, Page 361 in the Public Records of Collier County, Florida, situated in Section 21, Township 48 South, Range 26 East, Collier County, Florida, the subject easement to be vacated is more specifically depicted and described in Exhibit "A ". Resolution 2011 -121 B. Recommendation to approve a Resolution amending the Collier County Water -Sewer District's Utilities Standards Manual. Resolution 2011 -122 C. 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. DOA- PL2010 -274: Heritage Bay DRI -- A Resolution amending Development Order 03 -01, Heritage Bay, a Development of Regional Impact, providing for Section One: Addition of Build -out Date and Extension of Expiration Date; Section Two: Findings of Fact; Section Three: Conclusions of Law; Section Four: Effect of Previously Issued Development Order, Transmittal to DCA; and providing an Effective Date. The property is located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East in Collier County, Florida. Resolution 2011- 123/Development Order 2011 -02 Moved to Item #8E and heard subsequent to Item #10A and Item #10J (Per Agenda Change Sheet) Page 28 July 26, 2011 D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 29 July 26, 2011