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Backup Documents 11/08/2011 Recap COLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority /. . AO • r fl► - AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 November 08, 2011 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice-Chairman; Commissioner, District 5; CRAB Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Vice-Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE EXECUTIVE MANAGER TO THE BCC PRIOR TO PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53 AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. Page 1 November 8,2011 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. Dr. William Lone - Methodist Fellowship 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 —Approved 4/1 (Commissioner Hiller opposed) B. September 27, 2011 - BCC/Regular Meeting Approved as presented —Approved 5/0 Page 2 November 8,2011 C. October 11, 2011 - BCC/Regular Meeting Continued to the December 13, 2011 BCC Meeting (after further review of the audio by Commissioner Henning) — Consensus 3. SERVICE AWARDS A. EMPLOYEE 1) 25 Year Attendees a) Linda Swisher, Ochopee Fire Control District Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation designating November 2011 as Lacrosse Month in Collier County. To be accepted by Tom White, President of the Sports Council of Collier County. Sponsored by Commissioner Hiller. Adopted — 5/0 B. Proclamation recognizing the 55th Anniversary of the Hungarian Revolt. To be accepted by Frank Dobos, Reverend Steve Nagy and Andrew Evva. Sponsored by Commissioner Fiala. Adopted — 5/0 C. Proclamation recognizing 25 consecutive years of financial excellence by the Clerk's Office for the Certificate of Achievement for Excellence in Financial Reporting program. To be accepted by Crystal Kinzel, Director of the Clerk's Financial and Accounting Department and members of the Clerk's Finance staff. Sponsored by Commissioner Fiala. Adopted — 5/0 D. Proclamation designating November 20-26, 2011 as National Farm City Week. To be accepted by Cyndee Woolley, Farm City BBQ Chair and the Farm City BBQ Executive Committee and Members. Sponsored by Commissioner Coletta. Adopted — 5/0 Page 3 November 8, 2011 E. Proclamation recognizing November 11, 2011 as a day of remembrance for Veteran's Day and showing appreciation to Dale Mullin for his continued community support. To be accepted by Dale Mullin. Sponsored by Commissioner Coletta. Adopted — 5/0 5. PRESENTATIONS A. Presentation of Distinguished Budget Presentation Award for Fiscal Year 2011 from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mark Isackson, Director, Corporate Financial and Management Services. Presented B. Recommendation to recognize Michael Levy, Operations Coordinator, Operations and Regulatory Management Department, as the Employee of the Month for October 2011. Presented C. Presentation of the Collier County Business of the Month for November 2011 to The Inn on Fifth. Accepting the award are Mr. Phil McCabe and Ms. Cathy Christopher. Presented 6. PUBLIC PETITIONS A. Public Petition request from Richard Yovanovich representing CNL Bank, requesting that the Joint Settlement Agreement regarding the Sandalwood PUD be amended to eliminate the affordable housing payment. Motion to bring back at future BCC Meeting—Approved 5/0 B. Public Petition request from Colleen J. MacAlister regarding Domestic Animal Services. Motion to bring back for a full hearing—Approved 5/0 Items 7 and 8 to be heard no sooner than 1:00 pm unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 4 November 8, 2011 8. ADVERTISED PUBLIC HEARINGS A. This item is to be heard last on the BCC Agenda, consistent with the previously published AUIR/CIE Meeting Notice. Presentation to Collier County Board of County Commissioners (BCC) of the 2011 combined Annual Update and Inventory Report (AUIR) on Public Facilities and Capital Improvements Element (CIE) Amendment as provided for in Chapter 6.02.02 of Collier County Land Development Code and Section 163.3177(3) (b), Florida Statutes. Ordinance 2011-43 Adopted — 4/1 (Commissioner Hiller opposed) 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Immokalee Beautification MSTU Advisory Committee Resolution 2011- 207: Appointing Norma Ramirez—Adopted 5/0 B. Appointment of member to the Collier County Planning Commission. Motion to Appoint George Marienthal (w/waiving the residency requirement) — Failed 2/3 (Commissioner Coyle, Commissioner Coletta and Commissioner Fiala opposed); Directing the Board's Executive Manager to re-advertise the open position C. Appointment of members to the Affordable Housing Advisory Committee. Resolution 2011-208 : Motion to Re-appoint Christine H. Jones and Bradley W. Schiffer (w/terms expiring 10/1/2014) —Adopted 4/1 (Commissioner Hiller opposed); Motion to Appoint Michael Diamond & Clyde Quin by (w/terms expiring 10/1/2013) —Adopted 5/0; Directing Commissioner Henning to work with staff regarding committee changes and bring back recommendations — Consensus Continued to the December 13, 2011 BCC Meeting (Per Agenda Change Sheet) D. Recommendation to approve a Resolution acknowledging the Board of County Commissioners' support of Senate Bill 192 pertaining to amending the procedures for merger and dissolution of two or more Independent Special Districts. (Commissioner Henning) E. This item to be heard at 11:30 a.m. To direct the County Attorney to research the constitutionality of the provisions provided in the County's Page 5 November 8, 2011 Solicitation Ordinances, and, Commissioner Coyle's desire to enact a Solicitation Moratorium, so as to ensure that the existing provisions and any possible future solicitation moratorium proposal shall not constitute a prior restraint under the First Amendment, nor any other Constitutional violation. County Attorney to bring back a revised ordinance(s) for the Board's review - Approved 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation for the Board of County Commissioners (Board) to direct the County Manager or his designee to implement a public information plan for the adoption of the Federal Emergency Management Agency (FEMA) Digital Flood Insurance Rate Map (DFIRM) and to advertise an ordinance amending the Flood Damage Prevention Ordinance (FDPO) for future Board consideration. (Nick Casalanguida, Deputy Administrator, Growth Management) Approved — 5/0 B. This item continued from the October 25, 2011 BCC Meeting. 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) Motion to approve with a request for clarification from the Florida Attorney General's Office regarding issues —Approved 5/0 C. Recommendation to accept 60% design plans for the Gordon River Greenway Park by Kimley-Horn Associates, Inc. (Marla Ramsey, Public Services Administrator) Motion to approve as presented w/stipulations —Approved 5/0 D. Recommendation to accept a report on Collier County's wetland mitigation options. (Len Price, Administrative Services Administrator) Approved — 5/0 Moved from Item #16D17 (Per Agenda Change Sheet) Page 6 November 8,2011 E. Recommendation to accept an update on assessment of and improvements to Domestic Animal Services Enforcement Operations. Approved — 5/0 Moved from Item #16D18 (Per Agenda Change Sheet) F. Recommendation to approve and authorize the Chairman to sign an updated U.S. Department of Housing and Urban Development (HUD) Standard Form (SF) 424 for the HUD Collier County Entitlement grants for Action Plan (AP) Year 2011-2012 and to authorize the Chairman to sign the HUD grant agreements upon their arrival. Approved — 5/0 Moved from Item #16E2 (Per Agenda Change Sheet) G. Recommendation to approve a one-year renewal of the Lease Agreement with Lake Trafford Ranch, LLLP, for cattle ranching at Pepper Ranch Preserve for an annual revenue of$2,113. Approved — 5/0 Moved from Item #16D9 (Per Agenda Change Sheet) H. Recommendation to award RFP #11-5666 Barefoot Beach Concession and authorize the Chairman to sign a contract with Day-Star Unlimited, Inc. d/b/a Cabana Dan's and to approve the termination at vendor request of Contract #00-3168 "Barefoot Beach Concession Agreement." Approved — 5/0 Moved from Item #16D11 (Per Agenda Change Sheet) I. Recommendation to adopt the Parks and Recreation Department Standard Operating Policy "AT0012 Reserving Ballfields." Approved — 5/0 Moved from Item #16D19 (During Agenda Changes by Commissioner Hiller) J. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between Collier County Board of County Commissioners and the Physician Led Access Network (PLAN) in the amount of$50,000 to provide medical referral services for low- income residents in Collier County. County Attorney's Office to bring back an update on the litigation — Consensus Page 7 November 8, 2011 Moved from Item #16F6 (Per Agenda Change Sheet) K. Authorize staff to advertise an ordinance for future consideration that amends Ordinance No. 04-12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for Post-Hospital Interfacility Transport Services. Motion to send item back to EMSAC for review and clarification and to be placed on a future Board Agenda for further discussion Approved — 4/1 (Commissioner Coletta opposed); Interim EMS Director will call an Emergency EMSAC Meeting to discuss Board concerns 11. COUNTY ATTORNEY'S REPORT Moved from Item #16K2 (Per Agenda Change Sheet) A. Recommendation to appoint Commissioner Coyle to serve on the Collier County Canvassing Board. Motion suggest to the Supervisor of Elections to have the Chief Judge determine who should sit on the Board and appoint someone to the board — Approved - 5/0 12. OTHER CONSTITUTIONAL OFFICERS 13. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT AUTHORITY B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to the Community Redevelopment Agency (CRA) to complete the 2011 Annual Performance Evaluation for the Immokalee CRA Executive Director. Approved — 5/0 2) This item to be heard at 11:00 a.m. Recommend the Collier County Community Redevelopment Agency (CRA) and Board of County Commissioners (BCC) receives a CRA/MSTU staff presentation on projects, programs, and activities in the CRA and Bayshore Page 8 November 8, 2011 Beautification MSTU areas. (David Jackson, Executive Director Bayshore Gateway Triangle CRA) Motion to accept the staff material presented —Approved 5/0 Moved from Item #16B1 (Per Agenda Change Sheet) 3) Recommendation that the Community Redevelopment Agency (CRA) approve the CRA staff's submission of amendments to the Bayshore Gateway Triangle Mixed Use Overlay to County staff for incorporation into the BCC-approved Land Development Code Amendment Cycle. If this request is approved, the specific amendment language will be reviewed by County staff and incorporated into their submission to be brought forth to the BCC for review in 2012. (Fiscal Impact $3,000) (Jean Jourdan, Project Manager, BGT-CRA) Approved — 5/0 Moved from Item #16B4 (Per Agenda Change Sheet) 4) Recommendation for the Community Redevelopment Agency (CRA) to approve a zero dollar change and modification to a Commercial Building Improvement Grant Application between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3639 Bayshore Drive - Fiscal Impact: None) Approved — 5/0 Moved from Item #16B5 (Per Agenda Change Sheet) 5) Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a CRA Resolution to amend the Bayshore Gateway Triangle CRA Site Improvement Grant program and approve an amended form of the CRA Grant Agreement (Fiscal Impact: None) CRA Resolution 2011-209—Adopted 5/0 Moved from Item #16B3 (Per Agenda Change Sheet) 6) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement between the CRA and Grant Applicant in the Bayshore Gateway Triangle area. (2705 Shoreview Drive - Fiscal Impact: $2,607) Motion to deny— Failed 2/3 (Commissioner Coyle, Commissioner Coletta and Commissioner Fiala opposed); Motion to approve— Page 9 November 8, 2011 Approved 4/1 (Commissioner Hiller opposed) 14. PUBLIC COMMENTS ON GENERAL TOPICS A. Doug Fee 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Hiller— Fire District Account B. Commissioner Hiller— Status on Housing's Grant Audit & other issues C. Commissioner Hiller— Status on employee theft of funds at NCRP D. Commissioner Henning—Blocker Lawsuit Update E. Commissioner Henning— Immokalee Area Master Plan F. Commissioner Henning— Bayshore Gateway CRA finances —will be brought back for review and discussion at a future meeting G. Motion to adjourn —No Vote Taken 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—Approved 4/1 (Commissioner Hiller opposed) A. GROWTH MANAGEMENT DIVISION 1) Recommendation to accept a wildlife crossing constructed within County Road 846 (Immokalee Road) right-of-way east of Immokalee and the conveyance of additional lands required for the crossing. The landowner, Barron Collier Investments, Ltd. is willing to convey the encroached land to the County without compensation 2) Recommendation to approve the partial release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Joseph H. Deroma Living Trust Ltd., Code Enforcement Special Magistrate Case No. CEPM-2009-0008163, relating to property located at 824 96th Avenue N., Collier County, Florida. Any other real property owned by Mr. Deroma will continue to encumber the lien Page 10 November 8,2011 3) Recommendation to authorize the Clerk of Courts to release a security that was posted as a Development Guaranty by CNM Enterprises, LLC for work associated with an Early Work Authorization. The developer has met all commitments associated with this security and has been inspected 4) Recommendation to accept an All-Way Stop Analysis Study and approve installation and operation of an All-Way Stop control at the intersection of Pelican Bay Boulevard at Ridgewood Drive, at an installation cost of approximately $1,500 funded by Pelican Bay Services Division and annual maintenance cost of approximately $100 A traffic study was performed and determined that for safe travel of pedestrians and bicycles this all-way stop was appropriate 5) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) in the amount of$120,627. For TIS Review, the Pathways Program, PUD Monitoring and Traffic Counts 6) Recommendation to approve the release of lien in the Code Enforcement Action entitled Board of County Commissioners vs. Gomaa Elsaid and Karen Amal Elsherbeini, Code Enforcement Board Case No. CEPM-2010-0009420, relating to property located at 11334 Longshore Way West, Collier County, Florida. For property located at 33114 Longshore Way W. for a pool not being maintained in a sanitary condition 7) Recommendation to approve a Settlement Agreement and Release with CH2MHILL ("CH2") to settle all outstanding claims related to Consulting Services rendered under Contract No. 01-3195, in connection with the construction of road and utility improvements to Vanderbilt Beach Road, and for expert services provided in the defense of the County in KER Enterprises, Inc. d/b/a Armadillo Underground v. APAC-Southeast, Inc. v. Collier County, Case No. 08-3496-CA ("APAC") and to authorize payment. As detailed in the Executive Summary Page 11 November 8,2011 8) Recommendation for the Board of County Commissioners to waive competition and approve a Support and Maintenance Agreement with N. Harris Computer Corporation for a CityView Software application. For pre-built land use software and a consumer web portal 9) Recommendation to approve Amendment No. 1 to Funding Agreement No. 4600002213 with the South Florida Water Management District to provide additional funding in the amount of $542,500 for the next construction phase of the Lely Area Stormwater Improvement Project, extend the current agreement, including its scope and terms, through January 4, 2013 and approve a budget amendment to recognize the grant revenue. The long term plans are to restore drained wetlands within the areas of the study to allow for storage, treatment and conveyance of stormwater runoff 10) Recommendation to approve Change Order No. 3 to Contract #08- 5130 in the amount of$33,000 with CME Associates, Inc., for Design & Related Services for Development of Accelerated Bridge Construction Standards & Pilot Bridge Construction; Project #66066. For replacement of a bridge on White Boulevard and new bridge on 23rd Street SW 11) Recommendation to recognize FY2011/12 State Public Transit Block Grant additional revenue in the amount of$838,072 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. This grant expired on September 30, 2011 12) Recommendation to recognize FY 2011/2012 Federal Transit Administration Section 5311 additional revenue in the amount of $256,334 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. Offsetting the Immokalee Circulator operations Continued to the January 24, 2012 BCC Meeting (Per Agenda Change Sheet) 13) Recommendation to accept a Speed Limit Study Report and adopt a Resolution of the Board of County Commissioners of Collier County, Florida, authorizing a speed limit decrease from forty-five miles per hour (45 mph) to forty miles per hour (40 mph) on Vanderbilt Drive Page 12 November 8,2011 (CR 901) from 9th Street to Bonita Beach Road at a cost of approximately $500. 14) Recommendation to approve the Second Amendment to the Mirasol Developer Agreement for the purpose of extending the three year Certificate of Public Facility Adequacy (COA) in perpetuity. COA will be issued as the developer has paid 70% of their road impact fees 15) Recommendation to enter into a Landscape Maintenance Agreement with Royal Wood Single Family Homes Association, Inc., for work performed along the Rattlesnake Hammock County Right-of-Way. Improvements included foundation planting along the wall perimeter & ongoing maintenance associated with improvements 16) Recommendation to approve a resolution authorizing the refund of tax payments paid into the Rock Road Improvement Municipal Service Taxing Unit (MSTU) by a property owner whose parcel was incorrectly included in the MSTU Boundary. Resolution 2011-203 17) Recommendation to direct the County Manager, or his designee, to waive the fee for processing a small scale amendment for the Orange Blossom/Airport Crossroads Commercial Sub District as presented during Item #6A of the BCC October 25, 2011 Public Hearing by Mr. Michael Corradi, with the applicant paying only those costs actually incurred, including application and advertising costs. A verbal agreement that is formalized by this Executive Summary 18) Recommendation to approve an agreement providing for the donation to Collier County of a Right of Entry required for the removal and relocation of a fence for a wildlife crossing under Immokalee Road approximately 2.5 miles east of Oil Well Grade Road. Estimated Fiscal Impact: None. Preventing the cattle from crossing on the road to an adjacent property 19) Recommendation to waive formal competition and approve a sole- source purchase of"Cartegraph" work management system software Page 13 November 8, 2011 licenses, implementation services and annual maintenance for the Growth Management Division. Estimated Fiscal Impact: $195,000. For signs, signals, lighting, bus stops, roads and signal control work orders along County roadways 20) Recommendation to approve a request for an extension of time, not to exceed thirty eight calendar days, and increase in sizing, not to exceed one thousand two hundred square feet, for a fabric banner that will be displayed at the Philharmonic Center, advertising a community event in dedication to Myra Janco Daniels. Extending the temporary permit to January 19, 2012 Withdrawn (Per Agenda Change Sheet) 21) Recommendation to award Bid #11-5700 for "Devonshire Boulevard Landscape & Irrigation Refurbishment Project" to Hannula Landscaping & Irrigation, Inc. in the amount of$278,818.46; and reject the bid from Ameri-Pride, Inc. Improvements will be funded by residents of the Radio Road Beautification MSTU. B. COMMUNITY REDEVELOPMENT AGENCY Moved to Item #13B3 (Per Agenda Change Sheet) 1) Recommendation that the Community Redevelopment Agency (CRA) approve the CRA staff's submission of amendments to the Bayshore Gateway Triangle Mixed Use Overlay to County staff for incorporation into the BCC-approved Land Development Code Amendment Cycle. If this request is approved, the specific amendment language will be reviewed by County staff and incorporated into their submission to be brought forth to the BCC for review in 2012. (Fiscal Impact $3,000) (Jean Jourdan, Project Manager, BGT-CRA) 2) Recommendation to provide after the fact approval for the submittal of an Enterprise Investment Fund grant application to Fifth Third Bank for $25,000 in additional funding toward the CRA FY-2012 TIF Grant program. The application was submitted overnight on October 11, 2011 and was due on October 14, 2011 Page 14 November 8,2011 Moved to Item #13B6 (Per Agenda Change Sheet) 3) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Site Improvement Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2705 Shoreview Drive - Fiscal Impact: $2,607). Moved to Item #13B4 (Per Agenda Change Sheet) 4) Recommendation for the Community Redevelopment Agency (CRA) to approve a zero dollar change and modification to a Commercial Building Improvement Grant Application between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (3639 Bayshore Drive - Fiscal Impact: none) Moved to Item #13B5 (Per Agenda Change Sheet) 5) Recommendation for the Collier County Community Redevelopment Agency (CRA) to approve a CRA Resolution to amend the Bayshore Gateway Triangle CRA Site Improvement Grant program and approve an amended form of the CRA Grant Agreement (Fiscal Impact: None) C. PUBLIC UTILITIES DIVISION 1) Recommendation to approve, execute, and accept an Utility Easement to the Collier County Water-Sewer District for The Golisano Children's Museum of Naples, Inc.'s water utility facilities located at North Collier Regional Park, at no cost to the County. Required for connection to the parcel leased by the museum D. PUBLIC SERVICES DIVISION 1) Recommendation to approve and authorize the Chairman to sign two (2) satisfactions of mortgage for owner-occupied affordable housing units that have satisfied the terms of assistance or repayment in full has been provided to Collier County. Satisfaction of Mortgage for Theresa M. Stahl and Jose Garcia 2) Recommendation to approve a Donation Agreement with, and accept a Warranty Deed from, Lake Trafford Marina, Inc. for a parcel of land adjacent to Ann Olesky Park, at a cost not to exceed $18.50. A .13 +1- acre parcel used for a boat ramp, fishing dock & benches Page 15 November 8,2011 3) Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #1 0DB-D4- 09-21-01-K09 between the Florida Department of Community Affairs (DCA) and Collier County to extend the period of the grant and update project work plans. The grant expiration date was June 21, 2012 and is now extended to December 21, 2012 4) Recommendation to approve and authorize the Chairman to sign the amended agreement and the attestation statement between Collier County Board of County Commissioners and Area Agency on Aging for Southwest Florida, Inc. dba Senior Choices of Southwest Florida and approve budget amendments to reflect an overall decrease of $15,162 in the Older Americans Act program, and correcting increase to the required local match in the amount of$8,695. Funding will come from carry forward in Services for Seniors Grant Fund #123. Reflecting a change in the mix of clients 5) Recommendation to approve and authorize the Chairman to sign the contract amendment and Attestation Statement between the Area Agency on Aging for Southwest Florida, Inc. dba Senior Choices of Southwest Florida and Collier County to extend the grant period by ninety days, approve budget amendments to reflect estimated funding for the FY12 Older Americans Act Program in the amount of $919,000, local match funding from carry forward in Services for Seniors Fund #123 in the amount of$102,111.11 and authorize the continued payment of grant expenditures. To avoid any disruption of services the contract period will be January 1st through December 31, 2012 6) Recommendation to approve and authorize the Chairman to sign the agreement, Verification of Emergency Preparedness Plan, and Attestation Statement between the Collier County Board of County Commissioners and the Area Agency on Aging of Southwest Florida dba Senior Choices of Southwest Florida and approve a budget amendment to accept the grant award of$43,602 for the Nutrition Services Incentive Program (NSIP). For the grant period October 1, 2011 through September 30, 2012 Page 16 November 8, 2011 7) Recommendation to approve a budget amendment in the amount of $49,642.98 and recognize revenue and its appropriate expenditures generated from case management and case aid from the Medicaid Waiver program. For management services provided to Medicaid recipients who remain independent avoiding premature nursing home placement 8) Recommendation to approve the submittal of the attached Collier County 4-H Foundation Inc. Grant Application requesting $68,000 for the 4-H Outreach Coordinators and the enhancement of outreach activities managed by the Collier County University of Florida /IFAS Extension Department. For educational activities in school, after school and in Collier Communities Moved to Item #10H (Per Agenda Change Sheet) 9) Recommendation to award RFP #11-5666 Barefoot Beach Concession and authorize Chairman to sign a contract with Day-Star Unlimited, Inc. d/b/a Cabana Dan's and approve termination at vendor request of Contract #00-3168 "Barefoot Beach Concession Agreement." 10) Recommendation to approve the submittal of the Florida Sea Turtle License Plate Grant's Program grant application in the amount of $14,794 administered by the non-profit Sea Turtle Conservancy for the Collier County Sea Turtle Protection Public Education Program. The deadline for the application is November 17, 2011 Moved to Item #10I (Per Agenda Change Sheet) 11) Recommendation to adopt the Parks and Recreation Department Standard Operating Policy "AT0012 Reserving Ballfields." 12) Recommendation to approve and authorize the Chairman to sign a release of lien to satisfy an Affordable Housing Density Bonus lien instrument recorded against a unit which is no longer subject to the terms and conditions of the agreement. Located at 4430 Botanical Place, Unit 103, Naples Page 17 November 8,2011 13) Recommendation to approve and authorize the Chairman to sign a Letter of Understanding with Larry Ray, Collier County Tax Collector, outlining Tax Collector and Library joint use facility in Everglades City, Florida. For the period of October 1, 2011 through September 30, 2012 14) Recommendation to approve and authorize the Chairman to sign a Department of Environmental Protection, Coastal Partnership Initiative (CPI) Grant Agreement and authorize all necessary budget amendments to recognize grant revenue in the amount of$53,000 for a Dune Restoration Project in the Clam Bay Park area. For the removal of non-native plant species while replacing and replanting native plant species 15) Recommendation to approve and authorize the Chairman to execute Permit No. SAJ-1987-1080 (IP-SJF) for the Interim Maintenance Dredging of the Wiggins Pass Channel. This permit is for the 5-year maintenance of Wiggins Pass 16) This item continued from the September 27, 2011 BCC Meeting. Recommendation to approve and ratify staff's unauthorized Zero Dollar Time Extension Change Order for Professional Engineering Services with Atkins North America, Inc. (previously known as PBS&J) to Work Order No. 4500100227 in order to process final invoice for work completed for "Clam Pass/Bay Estuary," ratify staff's unauthorized action of request for services, and then make a finding of quantum meruit based on the value of the benefit received. For services completed November 1, 2010 through July 31, 2011 under an expired work order Moved to Item #10E (Per Agenda Change Sheet) 17) Recommendation to accept an update on assessment of and improvements to Domestic Animal Services Enforcement Operations. Moved to Item #10F (Per Agenda Change Sheet) 18) Recommendation to approve and authorize the Chairman to sign an updated U.S. Department of Housing and Urban Development (HUD) Standard Form (SF) 424 for the HUD Collier County Entitlement grants for Action Plan (AP) Year 2011-2012 and to authorize the Page 18 November 8,2011 Chairman to sign the HUD grant agreements upon their arrival. Moved to Item #10J (Per Agenda Change Sheet) 19) Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign an agreement between Collier County Board of County Commissioners and the Physician Led Access Network (PLAN) in the amount of$50,000 to provide medical referral services for low-income residents in Collier County. E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a budget amendment recognizing carry- forward from FY 2011 for the Freedom Memorial Fund (620) in the amount of$133,800. For the continued construction of the Memorial Moved to Item #10G (Per Agenda Change Sheet) 2) Recommendation to approve a one-year renewal of the Lease Agreement with Lake Trafford Ranch, LLLP, for cattle ranching at Pepper Ranch Preserve for an annual revenue of$2,113. 3) Recommendation to ratify Property, Casualty, Automobile, Workers' Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution 2004-15 for the fourth quarter of FY 11. As detailed in the Executive Summary 4) Recommendation to approve and execute an Amendment to Agreement providing a time extension to allow for the completion of construction of the Community Center expansion at the Max Hasse Community Park and to re-allocate funds previously approved in Fiscal Year 2011. The time extension of 24 months will allow for project completion Continued to the December 13, 2011 BCC Meeting (Per Agenda Change Sheet) 5) Recommendation to approve and authorize the Chairman to execute Amendment #3 to Collier County's contract with Meritain, Inc. for Group Health Third Party Administration Run-out Services in the Page 19 November 8,2011 estimated amount of$88,425. 6) Recommendation to accept reports and ratify staff-approved change orders and changes to work orders. For the period of September 23, 2011 through October 21, 2011 F. COUNTY MANAGER OPERATIONS 1) Recommendation to authorize the County Manager or his designee to prepare and submit applications to renew service marks with the State of Florida Division of Corporations to preserve the County's advertising, logos, phrases and slogans. "Paradise Coast Blueway" expiring on May 18, 2012 2) Recommendation to approve the recognition of Carry Forward in Tourism Promotion Fund 184 for a Fall and enhanced Winter Marketing Plan and authorize the Chairman to sign Change Order #2 to Contract #10-5541 with Paradise Advertising and Marketing, Inc. in the amount of$350,000 for this purpose and authorize all necessary budget amendments. For the 2012 Northern US Campaign 3) Recommendation to the Board of County Commissioners in response to a Board request to research funding or other regulatory concerns regarding potential county funding or engagement in Wildfire Mitigation. As detailed in the Executive Summary 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011-12 Adopted Budget. Resolution 2011-204 Continued to the December 13, 2011 BCC Meeting (Per Agenda Change Sheet) 5) Recommendation to waive formal competition and approve Change Order #4 Statements of Work with Method Factory, Inc. under Contract #11-5616 for Enhancements and Maintenance Services to GovMax budgeting software, for the cost of$80,750. Page 20 November 8, 2011 Moved to Item #10K (Per Agenda Change Sheet) 6) Authorize staff to advertise an ordinance for future consideration that amends Ordinance No. 04-12, as amended, for the purpose of revising the Class 2 Certificate of Public Convenience and Necessity for Post- Hospital Interfacility Transport Services. G. AIRPORT AUTHORITY Continued to the December 13, 2011 BCC Meeting (Per Agenda Change Sheet) 1) Recommendation to approve and ratify Staffs authorization of Change Order#1 for a Time Extension to Q. Grady Minor and Associates, PA for Work Order#4500116917 in order to process invoices for Phase 2 permitting work at the Immokalee Regional Airport. Continued to the December 13, 2011 BCC Meeting (Per Agenda Change Sheet) 2) Recommendation to approve and ratify Staffs authorization of Change Order#2 to Passarella and Associates, Inc. Work Order #4500116918 for a time extension in order to process invoices for Phase II Environmental Permitting work at the Immokalee Regional Airport. 3) Recommendation that the Board of County Commissioners, acting as the Airport Authority, approve and authorize the Chairman to execute attached Contract #11-5642 for purchase and delivery of aviation fuel to the Marco Island Executive Airport, Immokalee Regional Airport, and Everglades Airpark with The Hiller Group, Inc. The fuel resale is approximately 60% of their revenue H. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating November 2011 as Pancreatic Cancer Awareness Month. Sponsored by Commissioner Coyle. Proclamation being mailed to the requester. Adopted 2) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended a meeting of the Naples Visitors' Bureau on October 14, Page 21 November 8,2011 2011 at the Bay Colony Golf Club, Naples, FL. $13.95 to be paid from Commissioner Hiller's travel Budget. Located at 9740 Bent Grass Bend, Naples 3) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attending the 2011 Citizens of the Year Banquet on November 10, 2011 at the Vanderbilt Country Club, Naples, FL. $35 to be paid from Commissioner Hiller's travel Budget. Located at 14540 Collier Boulevard, Naples 4) Commissioner Hiller requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Campaign for Leadership held at the Botanical Gardens Naples, FL. $75 to be paid from Commissioner Hiller's travel Budget. Located at 4820 Bayshore Dr., #101, Naples MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of October 8, 2011 through October 14, 2011 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of October 15, 2011 through October 21, 2011 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of October 22, 2011 through October 28, 2011 and for submission into the official records of the Board. 4) Recommendation to approve a budget amendment recognizing Federal HHS Vote Program Grant Award 2007 Funds for Voting Accessibility for Individuals with Disabilities. The grant is based on a county formula for distribution Page 22 November 8, 2011 5) Recommendation to endorse the United States Department of Justice and United States Department of Treasury combined Equitable Sharing Agreement and Certification through September 2012. For participation in an investigation or prosecution that results in federal forfeiture, revenue will be received as the case is closed 6) Recommendation to approve use of Confiscated Trust Funds and a budget amendment in the amount of$30,000 for support of our community to victims and survivors of crime through all phases of traumatic crime or sudden loss. Supporting the Project HELP Crisis & Sexual Assault Center 7) Letter appointing Southwest Florida Crime Stoppers, Inc., as the Collier County non-profit agency to receive monies from the Crime Stoppers Trust Fund. Acting as permanent agent for Collier County K. COUNTY ATTORNEY 1) Recommendation to authorize application for tax deeds for fifty-four (54) County-held tax certificates and the forwarding of a written notice to proceed with tax deed applications to the Tax Collector. For all County held 2007 and 2008 Tax Certificates Moved to Item #11A (Per Agenda Change Sheet) 2) Recommendation to appoint Commissioner Coyle to serve on the Collier County Canvassing Board. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN Page 23 November 8, 2011 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- PL2011-1271, to disclaim, renounce and vacate the County and the Public interest in that roadway easement as originally recorded in Official Record Book 1089, pages 1257-1263 of the Public Records of Collier County, Florida, and an easement for ingress/egress as originally recorded in Plat Book 14, pages 33 thru 38 of the Public Records of Collier County, Florida, also being located in part of Section 26, Township 51 South, Range 26 East, Collier County Florida being more specifically shown in Exhibit "A". Resolution 2011-205 B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2011-12 Adopted Budget. Resolution 2011-206 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 24 November 8, 2011