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Backup Documents 10/25/2011 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 October 25, 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 Page 1 October 25, 2011 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 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Tara McGraw - St. Paul's Episcopal Church 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 Page 2 October 25, 2011 B. September 22, 2011 - BCC/Budget Hearing Approved as presented — 510 3. SERVICE AWARDS A. EMPLOYEE 1) 20 Year Attendees a) Anthony Duesterhoeft, Fleet Management Presented b) Michael Goguen, EMS Presented 2) 25 Year Attendees a) Dale Waller, Wastewater Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating October 25, 2011 as Narcotics Overdose Prevention & Education (N.O.P.E.) National Candlelight Vigil Day. To be accepted by Ann Frazier, Executive Director of Drug Free Collier and Jerry Eddleman. Sponsored by Commissioner Henning. Adopted — 510 B. Proclamation designating October 28, 2011 as the Twelfth Anniversary Day of the Red Walk in Collier County. To be accepted by Dr. Susan Barcelino, Libby Buck and Craig Greusel. Sponsored by Commissioner Fiala. Adopted — 510 C. Proclamation congratulating IBERIA Bank of Marco Island for its continued efforts to promote waste reduction, reuse, recycling and environmental awareness. To be accepted by Keith Dameron, Vice President - Manager of IBERIA Bank; Laura Burgo, Assistant Branch Manager of IBERIA Bank; IBERIA Bank staff, and Rick Michaud, District Operations Manager of Page 3 October 25, 2011 Shred -It. Sponsored by Commissioner Fiala. Adopted — 510 D. Proclamation recognizing Eden Autism Services for its 15 years of providing services to children and adults with autism in Southwest Florida. To be accepted by Susan Suarez, Director of Eden Autism Services. Sponsored by Commissioner Coyle. Adopted — 5/0 E. Proclamation recognizing October 29, 2011 as Florida Panther Festival Day. To be accepted by Sandra Mickey, U.S. Fish and Wildlife Service. Sponsored by Commissioner Coletta. Adopted — 510 F. Proclamation designating October 17 -21, 2011 as Accounts Payable Week. To be accepted by Bonnie Baer, Assistant General Operations Manager, Clerk of Courts Finance. Sponsored by Commissioner Henning. Adopted — 510 5. PRESENTATIONS 6. PUBLIC PETITIONS A. Public Petition request from Michael K. Corradi on behalf of Corradi Airport Road Inc., requesting that the Board of County Commissioners waive the Small Scale Amendment fee and direct staff to coordinate a Small Scale Amendment related to the Orange Blossom/Airport Crossroads Commercial Sub - District. Motion to be brought back to a future meeting — Approved 510 B. Public Petition request from Frank Dethlefsen regarding payment for the relocation of the Property Appraiser's Office. Motion to be brought back to a future meeting — Approved 4/1 (Commissioner Hiller opposed) Item 7 and 8 to be heard no sooner than 1:00 Pm unless otherwise noted. Page 4 October 25, 2011 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. This item has been continued from the September 27, 2011 BCC meeting to the October 11, 2011 BCC meeting, then to the October 25, 2011 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. All participants are required to be sworn in. Recommendation to Approve Growth Management Plan Amendment Petition CP- 2006 -11, David Torres, for Hacienda Lakes of Naples, LLC (Adoption Hearing) (Companion to Petitions DRI- 2006 -AR- 10147 and PUDZ-2006-AR- 10 146). Ordinance 2011 -40 Adopted 4/1 (Commissioner Hiller opposed) B. This item has been continued from the September 27, 2011 BCC meeting, then continued from the October 11, 2011 meeting, then to the October 25, 2011 BCC meeting. This item requires that ex parte disclosure be provided by Commission members. All participants are required to be sworn in. DRI-2006-AR- 10 147: Hacienda Lakes DRI -- A Resolution of the Board of County Commissioners of Collier County, Florida approving a Development Order for Hacienda Lakes, a Development of Regional Impact located in Sections 11 through 14 and 23 through 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida which will allow up to 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care, 327,500 square feet of retail use, 70,000 square feet of professional and medical office including a conversion of retail use to professional and medical office, a 135 -room hotel including a conversion to business park, 140,000 square feet of business park or educational facility, a public school, and continuation of existing "Junior Deputy" passive recreation and existing "swamp buggy" attraction; providing for Findings of Fact; providing for Conclusions of Law; and providing an effective date (Companion to Petitions PUDZ-2006-AR- 10 146 and CP- 2006 -11). Resolution 2011-201/D.O. 2011-05 Adopted w /changes 4/1 (Commissioner Hiller opposed) C. This item has been continued from the September 27, 2011 BCC Page 5 October 25, 2011 Meeting, then again from the October 11, 2011 meeting, then to the October 25, 2011 BCC meeting. This item requires that ex parte disclosure be provided by Commission rpembers. All participants are required to be sworn in. PUDZ-2006-AR- 10 146: Hacienda Lakes MPUD - - An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance Number 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Agricultural (A), Agricultural - Special Treatment Overlay (A -ST) and PUD zoning district (Swamp Buggy Days PUD) to the Mixed Use Planned Unit Development (MPUD) zoning district for a project known as the Hacienda Lakes MPUD that will allow a maximum of 327,500 square feet of gross retail commercial floor area; 70,000 gross square feet of professional and medical office space including a conversion of retail use to professional and medical office; 135 hotel rooms including a conversion to business park; 140,000 gross square feet of business park or education facility; a public school; continuation of existing "swamp buggy" attraction and "Junior Deputy" passive recreation; and a maximum of 1,760 residential dwelling units including conversions to recreational vehicle park and senior housing for independent living, assisted living and nursing care. The subject property, consisting of 2,262 +/- acres is located on the east side of Collier Boulevard (C.R. 95 1) at the intersection of Collier Boulevard and Rattlesnake- Hammock Road and north and south of Sabal Palm Road in Sections 11, 12, 13, 14, 23, 24 and 25, Township 50 South, Range 26 East, and Sections 19 and 30, Township 50 South, Range 27 East, Collier County, Florida; providing for repeal of Ordinance Number 84 -26, for swamp buggy grounds; and by providing an effective date (Companion to Petitions DRI-2006-AR- 10 147 and CP- 2006 -11). Ordinance 2011 -41 Adopted 4/1 (Commissioner Hiller opposed) D. Recommendation to adopt an ordinance amending Ordinance No 2002 -38, as amended, "The Collier County Redevelopment Grant Program Ordinance" in order to create a new CRA Community Event Grant Program for the Bayshore Gateway Triangle CRA. (David Jackson, Executive Director Bayshore Gateway Triangle CRA) Ordinance 2011 -42 Adopted - 3/2 (Commissioner Hiller and Commissioner Henning opposed) Page 6 October 25, 2011 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Golden Gate Estates Land Trust Committee. Resolution 2011 -196: Reappointing Pat Humphries — Adopted 510 B. Appointment of member to the Conservation Collier Land Acquisition Advisory Committee. Resolution 2011 -197: Motion to appoint Jacob Wingy — Denied 2/3 (Commissioner Coyle, Commissioner Hiller, and Commissioner Henning opposed); Appointing Bruce Barone Jr. — Adopted 5/0 C. Appointment of member to the Ochopee Fire Control District Advisory Board. Resolution 2011 -198: Appointing Charles F. Hawkins — Adopted 510 D. Appointment of a member to the Radio Road East of Santa Barbara Boulevard to the intersection of Radio Road and Davis Boulevard MSTU Advisory Committee. Resolution 2011 -199: Reappointing Dale M. Johnson — Adopted 510 E. Appointment of a member to the Vanderbilt Beach Beautification MSTU Advisory Committee. Resolution 2011 -200: Reappointing Bruce Foreman — Adopted 510 F. Advisory Board vacancies October 11, 2011 press release. Read into the Record G. To direct the County Manager to place on the BCC consent agenda all internal staff interpretations of the Land Development Code and Permit requirements that could appear to be more restrictive. (Commissioner Henning) Motion to put all past and future interpretations, whether more restrictive or less restrictive onto the Consent Agenda — Approved 4/1 (Commissioner Coletta opposed) H. Recommendation that the Board of County Commissioners direct the Page 7 October 25, 2011 County Manager to work with the County Attorney to bring back to a future Board meeting (1) a Resolution that places a six month moratorium on soliciting within the County's Right -of -Way; and (2) an amendment to the County's Solicitation Ordinance to require those organizations covered by the Florida Solicitation of Contributions Act to properly identify themselves when soliciting within Collier County; register with the County and provide proof of permission to solicit at specified business locations. Also, to direct the County Manager to prepare a letter to the State, to be signed by the Chairman, requesting that the State audit those Veteran Solicitor Organizations which have done business in Collier County since 2010. (Commissioner Coyle) Motion to write letter requesting the State audit the veteran organizations that solicit in Collier County— Approved 510; Motion for the County Manager to bring back proposed amendments to the County's Solicitation Ordinance — Approved 3/2 (Commissioner Henning and Commissioner Hiller opposed) 10. COUNTY MANAGER'S REPORT A. Recommendation to grant a Certificate of Public Convenience and Necessity for inter - facility ambulance transports to Ambitrans Medical Transport, Inc., and authorize the County Manager to advertise and bring back for future consideration an amendment to Ordinance No. 04 -12, as amended, relating to ambulance and advanced life support services, for the purpose of revising sections pertaining to Class 2 operators (post- hospital inter - facility medical ambulance transfer services). (Dan Summers, Director, Bureau of Emergency Services) motion to approve the agenda item - Approved 4/1 (Commissioner Hiller opposed) B. Recommendation to adopt a Bond Resolution authorizing the issuance of Bonds in an amount not to exceed $100,000,000 in order to refund a portion of Collier County's outstanding Capital Improvement Revenue Bonds, Series 2003 and Series 2005. (Mark Isackson, Director, Corporate Financial and Management Services, County Manager's Office) Resolution 2011 -202 Adopted - 510 Continued to the November 8, 2011 BCC Meeting (Per Agenda Change Sheet) Page 8 October 25, 2011 C. Recommendation to approve an Underground Facilities Conversion Agreement with Florida Power & Light Company (FP &L) for "Phase One" of the Vanderbilt Beach Municipal Service Taxing Unit (the 'MSTU') Utility Conversion Project as stipulated by Florida Public Service Commission Tariff Section 6 and to approve payment to FP &L in the amount of $1,806,091 to cover the construction cost for FP &L underground utility conversion. (Michelle Arnold, Director, Alternative Transportation Modes) D. Recommendation to review the proposed changes to Ordinance Number 2001 -73, as amended, the Collier County Water -Sewer District Uniform Billing, Operating, and Regulatory Standards Ordinance, and provide guidance to the County Manager for subsequent adoption of a revised Ordinance, to provide clarification and revise administrative procedures. (Joe Bellone, Manager, Utility Billing and Customer Service) Motion to forward this item to the DSAC and Utility Authority — Approved 510 E. Recommendation to award a construction contract to Quality Enterprises USA, Inc., for Bid No. 11 -5767, Municipal Services Taxing Unit (MSTU) Improvements to Taylor Road from Pine Ridge Road to J &C Boulevard, Project No. 60182 -2, in Pine Ridge Industrial Park in the amount of $1,346,946.86 plus a ten (10) percent contingency of $134,694.68, resulting in a total contract of amount of $1,481,641.54. (Jay Ahmad, Director, Transportation Engineering) Approved - 510 Moved from Item #16F1 (Per Agenda Change Sheet) F. Recommendation that the Board of County Commissioners review and approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. Approved - 510 Moved from Item #16A11 (Per Agenda Change Sheet) G. Recommendation to approve and authorize the Chairman to sign an Amendment to Agreement for Fee payment Assistance, between Collier County and Lucy Salon, Inc., providing for the repayment of Fee Payment Assistance funds over a five -year period. Approved - 5/0 Page 9 October 25, 2011 Moved from Item #16D4 (Per Agenda Change Sheet) H. Recommendation to acknowledge receipt of entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2011 -2012 and approve the associated budget amendments. Once received, HHVS will bring the entitlement agreements and certifications to the BCC for signature. The entitlement funds include $2,114,463 for the Community Development Block Grant (CDBG), $502,126 for the HOME Investment Partnerships Program (HOME), and $94,611 for the Emergency Shelter Grant (ESG). (Commissioner Hiller's request) Motion to approve with conditions specified — Approved 510 Moved from Item #16D5 (Per Agenda Change Sheet) I. Recommendation that the Board of County Commissioners approve a one- time exception to the State Housing Initiatives Partnership (SHIP) 2006- 2009 Local Housing Assistance Plan (LHAP) policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance. Approval of this exception will address and correct a monitoring concern issued for the SHIP Program. Approved - 510 Moved from Item #16D2 (Per agenda Change Sheet) J. Recommendation to approve and authorize the Chairman to sign six (6) Subrecipient Agreements for the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) projects previously approved for Department of Housing and Urban Development (HUD) funding in the 2011 -2012 Action Plan approved by the Board on July 26, 2011 (Agenda Item Number #I OH). Approved - 510 11. COUNTY ATTORNEY'S REPORT 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT AUTHORITY Page 10 October 25, 2011 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners adopts the Bayshore Beautification MSTU Master Plan. (Fiscal Impact: None) Companion Item to # 13132 and # 13133. (David Jackson, Executive Director Bayshore Beautification MSTU) Approved — 4/0 (Commissioner Hiller absent) 2) Recommendation that the Board of County Commissioners adopts the Bayshore Beautification MSTU Identity Design Study. (Fiscal Impact: None) Companion to Item # 13B 1. (David Jackson, Executive Director Bayshore Beautification MSTU) Approved — 4/0 (Commissioner Hiller absent) 3) Recommendation for the Board of County Commissioners to accept the Tertiary Stormwater System Improvement Plan for the Bayshore MSTU Area as presented by the Collier County Community Redevelopment Agency (CRA) and Bayshore Beautification MSTU; recognizing how the plan complements the County's secondary system project for the Bayshore MSTU area; authorize the County Manager, or his designee, to provide support to the CRA/MSTU where needed; and approve CRA staff's approach to execute the plan. (Source of Funding — CRA TIF Fund 187 and MSTU Fund 163) Companion Item to #I 3B 1. (David Jackson, Executive Director Bayshore Beautification MSTU) Approved — 510 4) Recommendation that the Community Redevelopment Agency (CRA) adopts the Gateway Triangle CRA Streetscape Guidelines. (Source of Funding — CRA TIF Fund 187) (David Jackson, Executive Director Bayshore Gateway Triangle CRA) Approved — 510 Moved from Item #16133 (Per Agenda Change Sheet) 5) Recommendation that the Board of County Commissioners approves the transfer of administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from Page 11 October 25, 2011 Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff to become effective October 1, 2011; direct the Budget Office to discontinue the annual transfer of funds from the Immokalee Beautification MSTU (Fund 162) to the MSTD General Fund (Fund 111), and that the Collier County Board of County Commissioners, acting as the Community Redevelopment Agency authorize the creation of a Full Time Employee position (MSTU Project Manager) for FY 12; authorize the Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment. (This item is a companion to Item #17B) Approved — 4/0 (Commissioner Hiller absent) 14. PUBLIC COMMENTS ON GENERAL TOPICS A. Floyd Crews — Immokalee Airport and Steve Fletcher B. Pam Brown — Immokalee Airport and Steve Fletcher C. Chris Kulpa — Immokalee Airport and Steve Fletcher D. Steve Fletcher — Immokalee Airport driving privileges E. Marvin Cortright — Immokalee Airport and Steve Fletcher F. Doug Fee — Wiggins Pass Inlet cancelled meetings and Veteran's Memorial Boulevard ➢ Motion for the Airport Director to reinstate Mr. Fletcher's privileges allowing him access across airport property necessary to access his business operations with no escort. Mr. Fletcher must also attempt to contact airport personal to inform them that he will be accessing the airport, the Rules and Regulations are available in the Airport Office — Approved 4/1 (Commissioner Coyle opposed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Henning — Motion to adjourn — Approved 510 ----------------------------------------------------------------------------------------------------------- 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. Page 12 October 25, 2011 Approved and /or Adopted with changes — 510 A. GROWTH MANAGEMENT DIVISION Continued to the November 8, 2011 BCC Meeting (Per Agenda Change Sheet) 1) Recommendation to award Bid #11 -5700 for "Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Ameri -Pride Inc. in the amount of $267,214.37. Improvements will be funded by residents of the Radio Road Beautification MSTU. 2) Recommendation to approve the conveyance of a Drainage Access and Maintenance Easement from Collier County (as the governing board of the Collier County Water -Sewer District) to Collier County (as apolitical subdivision of the State of Florida). Project No. 51101. Fiscal Impact: $35.50 For the expansion of the Naples Manor North Canal as part of the LASIP 3) Recommendation to approve and record in the public records a Declaration setting aside for Drainage Access and Maintenance purposes a portion of the Parks and Recreation Department property located on Warren Street and developed with baseball diamonds by the Gulf Coast Little League and recently named "Cindy Mysels Park." Fiscal Impact $9,927. Cost for recording is $27.00 4) Recommendation to authorize the Clerk of Courts to release securities which were posted as development guarantees through Land Development Services. Relating to the following projects: Avow Hospice of Naples, The Arlington of Naples, The "Q" Model Center, Bucks Run and Covenant Presbyterian Church of Naples 5) Recommendation for the Board of County Commissioners to approve an extension to the period of performance from August 13, 2011 to February 9, 2012 for the Federally Funded Sub -Grant Agreement HMGP #I 785-027-R with the Florida Division of Emergency Page 13 October 25, 2011 Management to complete the grant scope of work for the Lely Area Stormwater Improvement Project (LASIP) Haldeman Creek Stormwater Improvement and Lock Louise Weir Reconstruction project. 6) Recommendation to accept the donation of a drainage easement between 40th Street NE and the FAKA Union Canal in Unit 43 of Golden Gate Estates. (Fiscal Impact: Recording fees not to exceed $50) To clear the existing vegetation from the drainage ditch and maintain it as needed 7) Recommendation to approve a resolution calling for a bond referendum election to be held for the Radio Road, East of Santa Barbara Boulevard to the Intersection of Radio Road and Davis Boulevard Municipal Service Taxing Unit (MSTU) to determine if the qualified electors residing in such MSTU approve obtaining a loan not to exceed $649,000 in order to finance certain landscaping and irrigation capital improvements within such MSTU, with a maturity date not longer than 10 years. Resolution 2011 -192 8) Recommendation to award Bid #11 -5733R for "Irrigation Parts, Pumps and Related Items" to Florida Irrigation Supplies and Naples Electric Motor Works. The annual expenditures are estimated to be $100,000. Contract term is for one (1) year with three (3) one (1) year renewal options 9) Recommendation to recognize forthcoming revenues, originally awarded and accepted as Congestion Management System grant funds and currently being flexed into a FY 2012 Federal Transit Administration Section 5307 grant in the amount of $375,000; to approve the necessary budget amendment; and, to authorize staff to immediately incur expenses in accordance with Federal Transit Administration pre -award guidance so the order to build a new 35 foot bus may proceed prior to cost escalations by the manufacturer. Page 14 October 25, 2011 Related to the interlocal agreement with Lee County for the public transit service link between the two counties 10) 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 for recording the final plat of Faith Landing Phase One, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. The developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the construction plan final approval letter Moved to Item #10G (Per Agenda Change Sheet) 11) Recommendation to approve and authorize the Chairman to sign an Amendment to Agreement for Fee Payment Assistance, between Collier County and Lucy Salon, Inc., providing for the repayment of Fee Payment Assistance funds over a five -year period. 12) Recommendation to Approve Change Order # 1 to Contract No. 10- 5456 for "Verification Testing Services for Oil Well Road," for an estimated cost of $125,000 Project #60044. To cover the expenses of future testing and laboratory analysis w /AIM Engineering and Surveying, Inc. 13) Recommendation to approve and authorize the Chairman to sign, a Satisfaction of Lien for the Summer Lakes /Sawgrass Pines Apartments Phase II due to the impact fees being paid in full in accordance with the Multi- family Rental Impact Fee Deferral Program, as set forth by Section 74- 401(e) and 74- 401(g) (5) of the Collier County Code of Laws and Ordinances. Impact fees were paid in full on October 12, 2011 14) 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 that the Board of County Commissioners (BCC) affirm the Official Interpretation which found that the conversion of a side entry garage Page 15 October 25, 2011 into a media room for a zero lot line dwelling located on Lot 23, Mediterra Parcel 125 Replat, to be consistent with the minimum front yard setback requirement for a front entry garage as provided in Section 3.5 (Table I) of the Mediterra Planned Unit Development (PUD). As detailed in the Executive Summary 15) Recommendation to approve, and authorize the Chairman to sign, a Memorandum of Understanding implementing the direction of the Board of County Commissioners to provide funding to the Early Learning Coalition of Southwest Florida, Inc., in the amount of $50,000 in Fiscal Year 2012. As directed at the September 8, 2011 BCC Meeting B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency (CRA) approves and accepts a donation of office furniture and equipment from Economic Development Council of Collier County for use at the Bayshore Gateway Triangle CRA office, and directs the Executive Director to register the assets with applicable government departments. (Fiscal Impact: None) (David Jackson, Executive Director Bayshore Gateway Triangle CRA) CRA office is located at 4069 Bayshore Drive 2) Recommendation for the Board of County Commissioners to approve a request for a specific paint color on a commercial building within the CRA Cultural Arts District pursuant to "legislation in process" through the 2012 LDC Amendment Cycle 1; acknowledge that painting the building this color prior to approval of the proposed LDC change would be at the Owner's risk; and direct Code Enforcement to not prosecute the Owner for this color pending the Board's final determination of the proposed LDC amendment. Fiscal Impact: None. (Jean Jourdan, Project Manager, Bayshore Gateway Triangle CRA) For the future home of the "Three 60 Market" on Bayshore Drive (former site of Tipsy Seagull) Moved to Item #13135 (Per Agenda Change Sheet) Page 16 October 25, 2011 3) Recommendation that the Board of County Commissioners approves the transfer of administrative and management duties for the Immokalee Beautification Municipal Service Taxing Unit from Growth Management staff to Immokalee Community Redevelopment Agency (CRA) staff to become effective October 1, 2011; direct the Budget Office to discontinue the annual transfer of funds from the Immokalee Beautification MSTU (Fund 162) to the MSTD General Fund (Fund 111), and that the Collier County Board of County Commissioners, acting as the Community Redevelopment Agency authorize the creation of a Full Time Employee position (MSTU Project Manager) for FY 12; authorize the Executive Director to advertise the position; hire a qualified applicant; and approve necessary budget amendment. (This item is a companion to Item #17B) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve Amendment No. A02 to Agreement No. 4600001937 between Collier County and the South Florida Water Management District, renewing the existing agreement for a period of one year until September 30, 2012, to continue the supplemental collection of surface water quality samples in Collier County (estimated annual revenue to County is $60,000). 2) Recommendation to approve a Household Hazardous Waste Unique and Innovative Grant Agreement, No. S0557, with the Florida Department of Environmental Protection in an amount not to exceed $49,976, pursuant to Line Item 1703E of the FY2011 -2012 General Appropriations Act, to add household and small business hazardous waste services to cleanup events in neighborhoods and, to authorize a corresponding budget amendment. Adding 5 neighborhood cleanup events by June 15, 2012 to educate the significant immigrant population 3) Recommendation to award Bid Number 11 -5749, South County Water Reclamation Facility Electrical Upgrades, to Gulf States Electric, Inc., in the base bid amount of $800,970 for Project Number 70079, South County Water Reclamation Facility Lightning/Surge Page 17 October 25, 2011 Protection and Grounding; and, authorize a budget amendment of $364,103 from Project Number 70050, Master Pump Station Technical Support, to Project Number 70079. In order to be compliant with the latest standards identified by the National Electrical Code 4) Recommendation to approve, execute and record Satisfaction of Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $10 to record the Satisfaction of Lien. Property located at 5338 Mitchell Street, Folio #62255440000 D. PUBLIC SERVICES DIVISION 1) Recommendation to approve the submittal of the Fiscal Year 2011 Continuum of Care (CoC) Grant application to the U.S. Department of Housing and Urban Development (HUD) for CoC programs assisting and benefiting the homeless population in Collier County. This grant application has no effect on ad valorem or general fund dollars. For Collier County HHVS, Shelter for Abused Women & Children, St. Matthews's House and Collier County Housing Authority Moved to Item #10J (Per Agenda Change Sheet) 2) Recommendation to approve and authorize the Chairman to sign six (6) Subrecipient Agreements for the Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) projects previously approved for Department of Housing and Urban Development (HUD) funding in the 2011 -2012 Action Plan approved by the Board on July 26, 2011 (Agenda Item Number # l OH). 3) Recommendation to approve a reprogramming of Homelessness Prevention and Rapid Re- Housing Program (HPRP) funds in the amount of $73,080.99 and authorize the Chairman to sign two (2) amendments to the 2009 (HPRP) subrecipient grant agreements with Youth Haven in the amount of $311,080.99 ($53,080.99 increase), and Catholic Charities in the amount of $150,000 ($20,000 increase) in order to incorporate reallocated HPRP funds. As detailed in the Executive Summary Page 18 October 25, 2011 Moved to Item #10H (Per Agenda Change Sheet) 4) Recommendation to acknowledge receipt of entitlement funds from the U.S. Department of Housing and Urban Development (HUD) for FY 2011 -2012 and approve the associated budget amendments. Once received, HHVS will bring the entitlement agreements and certifications to the BCC for signature. The entitlement funds include $2,114,463 for the Community Development Block Grant (CDBG), $502,126 for the HOME Investment Partnerships Program (HOME), and $94,611 for the Emergency Shelter Grant (ESG). Moved to Item #10I (Per Agenda Change Sheet) 5) Recommendation that the Board of County Commissioners approve a one -time exception to the State Housing Initiatives Partnership (SHIP) 2006 -2009 Local Housing Assistance Plan (LHAP) policy establishing first -time homebuyers as one of the requirements for down payment and closing cost assistance. Approval of this exception will address and correct a monitoring concern issued for the SHIP Program. 6) Recommendation to authorize the Housing, Human & Veteran Services Department (HHVS) to evaluate Collier County's continuing role as the U.S. Department of Housing and Urban Development's (HUD) designated Lead Agency for the Continuum of Care Program in Collier County. This evaluation will review the collaborative efforts of Collier County and the non - profit corporations who comprise the Continuum of Care FL606 (CoC). Staff will then bring a recommendation as to whether to continue as the Lead Agency to the Board for further consideration. 7) Recommendation to award a Work Order to Coastal Engineering Consultants in the amount $18,650 for construction support and project certification for the Collier Bay dredging project, approve necessary budget amendment and make a finding that this activity promotes tourism within Collier County. To restore safe navigation by removing the shoal that has created hazardous conditions for the boating community near Hideaway Beach on Marco Island Page 19 October 25, 2011 8) Recommendation to approve and authorize the Chairman to execute the FY 11 -12 contract between Collier County and the State of Florida Department of Health for operation of the Collier County Health Department in the amount of $1,324,400. 9) Recommendation to award Bid No. 11 -5763 to Energy Resources, Inc in the amount of $262,000 for the emergency dredging of Collier Bay entrance channel, approve necessary budget amendment, make a finding that this activity promotes tourism within Collier County, and authorize the Chairman to execute the standard contract after County Attorney approval. Due to approximately 10,000 CY's of beach sand accumulating at the mouth of the entrance canal 10) Recommendation to accept the Retired and Senior Volunteer Program (RSVP) grant award from the Corporation for National and Community Service in the amount of $40,891 and approve the related budget amendments. County required to pay $17,525 in match funds 11) Recommendation to approve and authorize the Chairman to sign the FY 2011 -12 Agreement with the David Lawrence Mental Health Center, Inc. to provide detoxification and mental health services within Collier County. Local match funding is required by Florida statue section 394.76(9). Fiscal impact is $899,300. 12) Recommendation to award to Naples Wholesale Bait, the only vendor that can meet all the requirements as a supplier and distributor of live bait, for resale at Caxambas Park, Cocohatchee River Park Marina. Port of the Islands Marina, and Goodland Boat Park with an estimated Fiscal Year 2012 expenditure of approximately $100,000, and approve a seven day payment schedule. 13) Recommendation to approve and authorize the Chairman to sign Signature Authority Forms for three (3) Disaster Recovery Initiative (DRI) Grant agreements between the Florida Department of Community Affairs and Collier County. These forms will update Page 20 October 25, 2011 Collier County's Contact Person, Financial Contact Person, and designate individuals authorized to sign Request for Funds (RFF) for each of these grants. Grant #07DB- 3V- 09- 21- 01 -ZO1, #08DB- D3- 09- 21- 01 -AO3 and # 1 ODB- D4- 09- 21- 01 -KO9 14) Request to approve a time extension of Contract #07 -4131, "Gordon River Greenway Park" with Kimley -Horn & Associates, Inc. Requested extension to June 30, 2012 to complete the permitting and design of this park 15) Recommendation to recognize insurance proceeds received from Johns Eastern Company, Inc. in the amount of $41,561.33 for the replacement of an F -350 truck and related trailer and approve the necessary budget amendment. Relating to an accident on July 26, 2011 E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to accept Modification No. 6 to U.S. Fish and Wildlife Service (USFWS) Cooperative Agreement No. 401815JO21 to fund habitat restoration at the Railhead Scrub Preserve. Funds moved from the McIlvane Marsh Preserve 2) Recommendation that the Board approve, and authorize the Chairman to sign, three Lease Agreements with the Florida Fish and Wildlife Conservation Commission (FWC) in order to allow FWC to conduct Youth Hunts for Collier County residents at Pepper Ranch Preserve in November 2011, January 2012, and February 2012. 3) Recommendation to approve a Resolution that names the County Manager as the Board's designee for the purpose of executing certificates of title for County -Owned vehicles set for salvage or destruction and, permitting the County Manager to assign such responsibilities to the Directors of the Risk Management and Purchasing Departments. Resolution 2011 -193 Page 21 October 25, 2011 4) Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the Assumption Agreement from Alliance Medical, Inc. (d/b /a AllMed) to Bound Tree Medical, for Veterinary Medical Supplies and Equipment. Due to the purchase of A11Med assets on July 15, 2011 5) Recommendation to approve a First Amendment to Parking License Agreement with Vanderbilt Real Estate Holdings, LP, for temporary parking for beach maintenance equipment at a first year annual cost of $6,900. At the intersection of Gulfshore Court and Center Street North, adjacent to Vanderbilt Beach Drive F. COUNTY MANAGER OPERATIONS Moved to Item #10F (Per Agenda Change Sheet) 1) Recommendation that the Board of County Commissioners review and approve the proposed FY2011 -2012 Action Plan for Leo E. Ochs, Jr., County Manager. 2) Recommendation to approve a budget amendment recognizing carryforward from FY2011 for the Goodland Fire District Fund (149) in the amount of $99,100. The City of Marco has reduced funding for fire suppression services to the Goodland Horr's Island Community due to lower taxable values in the district G. AIRPORT AUTHORITY 1) Recommendation to approve a License Agreement with the King Brothers Circus at the Immokalee Airport for a one night event. Event to be held on November 6, 2011 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2011 United Way of Collier County Campaign Page 22 October 25, 2011 Recognition Breakfast on October 4, 2011 at the Naples Hilton in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2011 Distinguished Public Service Awards presented by The Greater Naples Chamber of Commerce on October 12, 2011 at the Naples Hilton Hotel in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. Located at 5111 Tamiami Trail North 3) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Southwest Florida Hispanic Chamber of Commerce luncheon on October 18, 2011 at Noodles 1585 Pine Ridge Road, Naples, FL. $16 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve a new Interlocal Agreement for Election Services between Everglades City and Collier County in connection with the City's next regularly scheduled municipal election to be held on November 22, 2011. Supersedes and replaces the former agreement that was never executed 2) To obtain Board approval for disbursements for the period of September 24, 2011 through September 30, 2011 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of October 1, 2011 through October 7, 2011 and for submission into the official records of the Board. Page 23 October 25, 2011 4) Recommendation to approve the use of Confiscated Trust Funds for the purchase of a DARE vehicle for community awareness. Cost of $63,000.00 to purchase the new DARE vehicle 5) 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. 6) Recommendation that the Board accept the investment status update report for the quarter ending September 30, 201 L The Clerk also provides a monthly summary of investments on the Clerk's website for public access K. COUNTY ATTORNEY 1) Recommendation to approve a Retention Agreement for legal services with the law firm of Gardner, Bist, Wiener, Wadsworth, Bowden, Bush, Dee, LaVia & Wright, P.A. For services not to exceed $100,000 with David S. Dee (formerly with Young van Assenberp, P.A.) for his expertise in local government law, environmental law and permitting of solid waste facilities and related issues 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to refund bonds previously issued for healthcare facilities at Naples Community Hospital. Resolution 2011 -194 17. SUMMARY AGENDA -THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING Page 24 October 25, 2011 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 hearine be held on this item, all participants are required to be sworn in. VA- PL2010 -1654, a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number VA- PL2010 -1654 for a variance from the required 30 foot side setback in the Estate Zoning District to permit a side setback of 23.43 + /- feet on property located at 4750 18th Ave. S.E. hereinafter described in Collier County, Florida. Resolution 2011 -195 B. Recommendation to adopt an ordinance amending Ordinance No. 2002 -52, which established the Immokalee Beautification Advisory Committee, in order to allow the Immokalee Community Redevelopment Agency, through its Executive Director, to assume administrative and management duties of the Immokalee Beautification Municipal Service Taxing Unit such as employing staff to assist the Committee. (This item is a companion to Item # 16133) Ordinance 2011 -39 18. ADJOURN Motion to Adjourn — Approved 510 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 25 October 25, 2011