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Agenda 08/24/2010 In Absentia AGENDA BCC ABSENTIA MEETING August 24, 2010 2010 Executive Summaries approved in Board's absence August 24,2010 In Absentia Meeting Items to be presented at the September 14, 2010 BCC Meeting Page 1 Item 16F1 Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. A. Approve a budget amendment in the amount of $150,000, reallocating funds within the FY10 Mandatory Trash Collection Fund Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County Landfill. B. Recommendation to approve an agreement with the District Schooi Board of Collier County for transporting school-age recreation program participants. C. Recommendation to amend previous years' Action Plans; authorize the reprogramming of Department of Housing and Urban Development (HUD) funds from FY 2008-2009 in the amount of $246,000 and FY 2009-2010 in the amount of $200,000; and authorize the Chairman to sign the notification to HUD to use $400,000 of these reprogrammed funds for the Single Family Rehabilitation (SFR) Program and allot $46,000 to unallocated reserves. Agenda Item No. 16F1(A) August 24, 2010 Page 1 of 2 EXECUTIVE SUMMARY Approve a budget amendment in the amount of $150,000.00, reallocating funds within the FYI0 Mandatory Trash Collection Fund Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County Landfill. OBJECTIVE: The public purpose is to meet FYIO operational expense in Districts I and II tor the proper disposal of residential curbside solid waste at the Collier County LandfilL CONSIDERATION: At budget preparation time each year, staff must estimate the tonnage of residential garbage and yard waste that will be brought to the Collier County Landfill for purposes of calculating the annual mandatory trash collection assessment to each residential unit on the tax roll. During preparation of the FYIO budget, staff underestimated the tonnage that would be brought to the landfill for disposal based on then current tonnage trends and the economic downturn. Residential curbside customers have generated just over 83,000 tons of trash and yard waste through the first ten (10) months of FYI O. Based on current trends, the forecasted tonnage of residential curbside trash and yard waste is expected to exceed budget by approximately 20,600 tons. Disposal of municipal solid waste at the landfill is charged a tipping fee of $50.58 per ton. This will result in an operating expense shortfall of approximately $1,050,000 from the approved FYIO Budget for the combined Naples Service Area District I and the Immokalee Service Area District II. On June 8, 2010, Agenda Item 16CI, the Board approved a budget amendment for $900,000, transferring funds from reserves to cover the anticipated shortfall. Since tonnage trends have remained consistent since then, the remaining shortfall of $150,000 is necessary to meet the expected FY I 0 disposal operating expense. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners, If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: Funding is available within the Mandatory Trash Collection Fund (473) FY 10 Operating Budget in the Administration cost center. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office and it does not present a legal issue--SRT. GROWTH MANAGEMENT IMPACT: There IS no impact on the current Growth Management Plan, RECOMMENDATION: Approve a budget amendment in the amount of$150,000, reallocating funds within the FYIO Mandatory Trash Collection Fund FYI0 Operating Expense Budget to pay for disposal costs of residential curbside solid waste at the Collier County LandfilL PREPARED BY: Joseph Bellone, Utility Billing and Customer Service Manager, Public Utilities Division. Agenda Item No. 16F1 (Al August 24, 2010 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16F1(A) Approve a budget amendment in the amount of $150,000, reallocating funds within the FY 1 0 Mandatory Trash Collection Fund Operating Expense Budqet to pay for disposal costs of residential curbside solid waste at the Collier County Landfill 81241201090000 AM Item Number: Item Summary: Prepared By Joseph Bellone Manager fi Utility Billing & eust Servo Date Public Utilities Division Utilities Finance Operations B13/2010 2:49:17 PM Approved By Joseph Bellone Manager. Utility Billing & Cust Serv, Date Public Utilities Division Utilities Finance Operations B1312010 2:51 PM Approved By Scott R Teach Deputy County Attorney Date County Attorney County Attorney B14/2010 3:5B PM Approved By James W. DeLony Public Utilities Oivision Administrator Date Public Utilities Division Public Utilities Division B1512010 9:34 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget B15/2010 10:29 AM Approved By Randy Greenwald Office of Management & Budget ManagementJBudgct Analyst Dato Office of Management & Budget 8/5/201011:20 AM Approved By Thomas Wides Director - Operations Support. PUO Date Public Utilities Division Utilities Finance Operations B12012010 10:53 AM Approved By Jeff Klatzkow County Attorney Date 8/20J2010 10:55 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office B123/2010 10:07 AM Agenda Item No. 16F1(B) August 24. 2010 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants. Obiective: To obtain cost-effective and reliable transportation services for recreation program participants. Considerations: For the past twenty-one years, Collier County has entered into a transportation agreement with the District School Board of Collier County for the transportation of participants of recreation programs. This will be the fifth year that the school board has transported our After School Program participants. The School Board provides transportation for the Parks Department's After School Program in a safe, reliable, and cost-effective manner. The Parks & Recreation Department will use the services of School Board transportation under the provisions of Option A of the Agreement, wherein the School Board will provide buses and drivers at a rate of $37.80 per hour plus $2.30 per mile. This rate is calculated from the time the bus leaves the transportation barn to the time of the return. The Agreement has been approved as to form and legal sufficiency by both the County Attorney's office and the School Boards Attorney Office, and has been reviewed by Risk Management. Once executed, it will be effective until the end of the 2011 school year. Approval of this document by the County Manager is subject to formal ratification by the Board of County Commissioners. If the decision by the County Manager is not ratified by the Board, this document shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. Fiscal Impact: Funds are budgeted in association with each camp location within FY 11 MSTD General Fund (111) Naples and Immokalee Parks, Revenue, in the form of After School Program participant fees, is budgeted to recover the expense. Leaal Consideration: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action-SRT. Growth Manaaement Impact: No Growth Management Impact is associated with this action. Recommendation: That the Board of County Commissioners authorize the Chairman to enter into the Transportation Agreement with the District School Board of Collier County for the transportation of recreation program participants throughout the 2010/2011 school year. Prepared Bv: Shari Ferguson, Regional Manager, Parks and Recreation. Agenda Item No. 16F1(B) August24,2010 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16FI(B) Recommendation to approve an agreement with the Dlstnct School Board of Collier County tor transporting school-age recreation program participants. 8/24/201D 90000 AM Item Number: Item Summary: Approved By Marla Ramsey Administrator, Public Services Date Public Services Division Public Services Division 8/16/201011:37 AM Approved By Kathy Carpenter Executive Secretary Date Public Services Public Services Admin. 8/16/20101:10 PM Approved By Barry Williams Director. Parks & Recreation Date Public Services Division Parks & Recreation 8/19/201012:10 PM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 8/19/20102:10 PM Approved By Scott R. Teach Deputy County Attorney Date County Attorney County Attorney 8/20/2010 11: 28 AM Approved By Sherry Pryor Office of' Management & Budget Managementl Budget Analyst, Senior Date Office of Management & Budget 8/23/2010 9:07 AM Approved By Leo E. Oells, Jr. County Managor Date County Managers Office County Managers Office 8/23/201010:09 AM Agenda Item No. 16F1(Bl August 24. 2010 Page 3 of 5 STUDENT SCHOOL YEAR TRANSPORTATION AGREEMENT TIllS AGREEMENT made for the 201012011 School Year, by and between the Distrid Scbool Board or Collier . County, Florida (''the School Board") and Board of County Commiuionen, Collier County, Florida (''the County"). WHEREAS, Chapter 1006 of the Florida Statutes authorizes local School Boards to enter into Agreements with nonprofit corporations and nonprofit civic associations and groups for the transportation of school age children for activities sponsored by these Organizations, and WHEREAS. the County is a nonprofit corporation, nonprofit civic association, or governing body of a municipality, county, or state agency duly authorized to enter into this Agreement and bind the County thereto, and WHEREAS, the School Board has the right to restrict dates, times and locations, WHEREAS, the School Board desires to assist the County in providing transportation to school age children for activities sponsored by the County on the terms and conditions set forth herein, and WHEREAS, this Agreement contemplates two (2) use options with concomitant reimbursement from the County to the School Board, IT IS THEREFORE AGREED: that the School Board shall provide buses, drivers and Exceptional Student Education ("ESE") attendants to the County in accordance with the terms of this Agreement. For the purposes of this Agreement, an "operated mile" is defined as every mile driven for each bus operated in support of the County's program, whether with passengers or not, and to include necessary trips to and from a School Board Transportation Department facility. Mileage will be recorded and billed by the School Board and will be paid as billed by the County. The parties further agree as follows: I. Option A Bus and Driver a. County shall reimburse the School Board for each vehicle with driver at the rate of$37.80 per hour and $2.30 pet operated mile for each bus. b. County will be billed a minimum of two hours plus mileage for each vehicle and driver. 2. Ootion B Bus. Driver and ESE Attendant a. County shall reimburse the School Board at the rate above plus an additional $32.40 per hour for an attendant. 3. The rates described in paragraph ta above are based on conditions current as of July 21, 2010, In the event that these conditions change, for example, increased fuel or labor costs, the School Board shall have the right to pass those increased costs on to the County in the form of an increase in the rates shown in paragraph la above, 4. The County agrees that in the event of a cancellation, the School Board will be given at least 24 hours advance notice. In the event that notice of cancellation issued to the School Board is Ie.. than 24 hours, a 2 hour charge per vehicle will be due and payable to the School Board. Agenda Item No. 16F1(B) August 24, 2010 Page 4 of 5 5. Payment for services rendered or due shall be billed by the School Board by the 10'" of each month and paid by the County by the 30" of each month, Payment shall be made in compliance with Ch. 218, Fla.Stat., the Local Government Prompt Payment Act. , 6. By entering into this Agreement, you agree to indemnity and hold hannless the School Board from liability resulting from any injury or accident during the process of transportation and its officers, board members, agents and employees from and against any and all fines, suits, claims. demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, attorney's fees and costs are excluded (and COSIS and fees on appeal), and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or breach of the Agreement by such party, ilS officers, board members, agents or employees. The foregoing aside, this paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the parties liability beyond the limits established in Section 768,28 Florida Statutes. 7. The County agrees that at all times material to this Agreement, it shall provide liability insurance coverage in the minimum amounts of $1 ,000,000 on any claim or judgments and $2.000.000 on all claims and judgments arising from the same incident occurrence. The County shall present proof of insurance coverage before approval of this Agreement by the Board. 8. The County agrees that there shall be no fee charged to passengers on the bus. 9. The use of vehicles by tbe County shall at all times be subject to tbe laws of the State of Florida, . the provisions of the Florida Administrative Code, and rules adopted by tbe School Board. 10. The Agreement sball commence on the day and year signed by the agencies, not before August 23, 2010, and remains in effectthrougb June 9, 2011. II, County shall provide proof of its non-profit status prior to execution of this Agreement. 12. This Agreement represents the entire Agreement between the parties and may not be amended except by written instrument signed by all parties hereto. ]3. All the tenns and provision oftbis Agreement shall be binding upon, inure to the benefit of, and be enforceable by the parties and their legal representatives, successors and assigns. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year signed by the agencies. . I Sebool Board of CoUler County. Florida Date '6-/f. l.'(d ion <<~.1r ~ Date 'i-II-,.,I r) Dr, Russell Clukey. Executive Director of Support Services ,6:!~:::'c.,::~1I, lJ) 10 Signed in the Presence of: Board of County CommiuloDen. Collier County. Florida Anested To By ( By: Title: Date By: Title: Date ~_I 111....,........ ~~) ......, CMIItJ AIIeneJ 3 Agenda Item No. 16F1(C) August 24. 2010 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to amend previous years' Action Plans; authorize the reprogramming of Department of Housing and Urban Development (HUD) funds; and authorize the Chairman to sign the notification to HUD to use reprogrammed federal funds for the Single Family Rehabilitation (SFR) Program. OBJECTIVE: For the Board of County Commissioners to approve the amendment of the 2008 and 2009 HUD Action Plans and the reprogram of HUD funds to the Single Family Rehabilitation Program. These Home Partnership Initiative (HOME) funds became available because two previously awarded projects were canceled at the request of the subrecipients. CONSIDERATIONS: On April 22, 2008, the Board adopted Resolution No. 2008-121 approving the submittal of the 2008-2009 Action Plan to HUD for $3,089,381 in entitlement funds for FY 2008-2009 and on April 28, 2009 the Board adopted Resolution No. 2009-116 approving the submittal of the 2009-2010 Action Plan to HUD for $3,089,415. Each of these Action Plans contained projects to be completed utilizing Home Partnership Initiative (HOME) federal funds. In FY2008-2009 Lanemark Investments Inc. requested a cancellation of their HOME agreement to create affordable workforce housing units prior to commencing their project. In FY2009-2010 Housing Opportunities Made for Everyone (H.O.M.E.) also requested a cancellation of their agreement to Acquire/Rehabilitate/Resell foreclosed homes prior to project start. Housing, Human and Veteran Services (HHVS) is requesting approval to reprogram these funds for use in the HHVS Single Family Rehabilitation (SFR) Program. This program assists low and moderate income homeowners to make much needed repairs to their homes. This program prevents neighborhood blight and conserves affordable housing stock within Collier County. Approval of the following documents by the County Manager is subject to formal ratification by the Board of County Commissioners, If the decision by the County Manager is not ratified by that Board, the document(s) shall be enforceable against Collier County only to the extent authorized by law in the absence of such ratification by that Board. FISCAL IMPACT: The reprogramming of previous year funds will allow HHVS to expand the number of citizens assisted by the Single Family Rehabilitation Program. This amendment of previous year Action Plans and reprogramming of funds will have no additional effect on ad valorem or general fund dollars. GROWTH MANAGEMENT IMPACT: Amendment of previous years Action Plans and the reprogramming of funds to the Single Family Rehabilitation Program will further the goals, objectives and policies of the Growth Management Plan's Housing Element. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office. It is legally sufficient for Board action.-JBW Agenda Item No. 16F1(C) August 24, 2010 Page 2 of 7 RECOMMENDATION: To approve the amendment of previous years' Action plans; authorize the reprogram of Department of Housing and Urban Development (HUD) Home Partnership Initiative (HOME) funds; and authorize the Chairman to sign the notification to HUD of the use of these reprogrammed federal funds for the Single Family Rehabilitation Program. Prepared by: Margo Castorena, Grant Operations Manager Housing, Human and Veteran Services Department Agenda Item No. 16F1 (C) August24,2010 Page 3 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 16F1(CI Recomrnendation to amend prevIous years Act10n Plans authorize the reprogramming of Department of Housing and Urban Developrnent (HUD) funds from FY 2008..2009 in the amount of $246,000 and FY 2009-2010 in the amount of $200,000; and authorize the Chairrnan to sign the notification to HUn to use $400,000 of theSe reprogrammed funds tor the Single Family Rehabilitation (SFH) Program and allot $46,000 to unallocated reserves 8/24/201090000 AM Item Number: Item Summary: Approved By Marcy Krumbine Director... HOllsing & Human Services Date Public Services Division Human Services 7113/20103:32 PM Approved By Kathy Carpenter Executive Secretary DatI:.' Public Ser....ices Public Services Admin. 7/13120103:38 PM Approved By Jennifer White Assistant County Attorney Date County Attorney County Attorney 7/14/20103:25 PM Approved By Jeff Klatzkow COllnty Attorney Dato 7114120104:07 PM Approved By Marlene J. Foord Grant De....elopment & Mgmt Coordinator Date Administrative Services Division Administrative Services Division 7/14/20107:08 PM Approved By Marla Ramsey Administrator - Public Services Dnte Public Services Division Public Services Division 7/15f2010 11:43 AM Approved By OMS Coordinator Date County Manager's Office Office of Management & Budget 8/3/201012:51 PM Approved By Sherry Pryor Office of Management & Budget Management! Budget Analyst, Senior Dille Office of Management & Budget 8/9120109:45 AM Approved By Leo E. Ochs, Jr. County Manager Date County Managers Office County Managers Office 8/23120104:22 PM J an 29 09 0'11 Sp LanaMarI< 2~5432e:?D .0 2 Agenda Item NO. 16F1 (C) August 24, 2010 Page 4 of? MARK INV!:$iMr:NTS INC. Rt:::^L CSTATt: AC.QLJlsaTlON AND ocvCL.OPMENT January 25, 2008 Marci Krumbine Collier County Housing and Human Resources Naples FL 341 17 RE: HM08-03 FOR 2008-2009 HOME project (The Town Homes at Esperanza) Dear Ms, Marc; Krumbine LaneMark Investments Inc. regretly informs you, do to lack of economic downturn we will not be prOceeding with The Town Homes at Esperanza. We would like to end the agreement between LaneMark and Collier County at this time. We appreciate the opportunity to work with Collier County and look forward to working with Collier County in the future. Thank you. ~ Mark A. Klonowski Agenda Item No. 16F1 (C) August 24,2010 Page 5 of 7 -o-m-e Housing Opportunities Made for Everyonel Inc. April 12, 2010 Ms. Marcy Krumbine Director Collier County Department of Housing & Human Services 3301 E. Tamiami Trail, Bldg H, Suite 211 Naples, FL 34113 Dear Ms. Krumbine: Please be advised the Housing Opportunities Made for Everyone, Inc. (HOME) wishes to be released from its current subrecipient agreement (HM09-03 and CD09-11) to acquire, rehab and resell foreclosed homes. HOME, Inc. is requesting "Termination for Convenience" as outlined in section VI (H) 2 in both subrecipient agreements be used to end the agreements. To date no work has begun on this project and no expenditures have been incurred against either agreement. Should you have any questions regarding this request, please contact me. Sincerely, j;. hn Barlow ice President, H.O.M.E. Inc. 4351 Gulf Shore Blvd. N., Un;' 19N, Napl.., Flor;da 34103 rEl 239-649-6380 FAX 239.649.6378 www.HOMENoples.org Agenda Item No. 16F1(C) August 24. 2010 Page 6 of 7 August 24, 2010 Maria Ortiz-Hill Director Community Planning and Development US Department of Housing and Development Division Brickell Plaza Federal Building 909 SE First Avenue Room 500 Miami, FL 33131-3042 RE: Notification of Amendment of Prior Year Action Plans and Reprogramming of Funds Dear Ms. Ortiz-Hill: Collier County has recently identified funds from prior year Action Plans for projects that were not undertaken at the request of the subrecipients. A total of $446,000 in HOME funding is scheduled for reprogramming. $400,000 in reprogrammed funds will be allocated to our Single Family Rehabilitation Program to assist low income homeowners to make much needed repairs to their homes. A total of $46,000 will be allotted to our unallocated reserve, This amendment of the 2008-2009 and 2009-2010 Action Plans was advertised in two (2) local papers of general circulation. A 30 day public comment period announcing the proposed reprogramming began on July 162010 and closed on August 15, 2010. The amendment and reprogramming of funds was approved at the August 24, 2010 in absentia meeting of the Collier County Board of Cotmty Commissioners (BCC). A listing of the available funds and the amount scheduled for reprogramming is attached for your records. Should you have any questions on these amendments, or the proposed use of HOME funds, please contact Ms. Marcy Krumbine, Director of the Housing, Human and Veteran Services Department at 239-252-4663, Sincerely, Fred W. Coyle Chairman Collier County Board of County Commissioners Enclosure Agenda Item No. 16F1 (C) August 24, 2010 Page 7 of 7 PrOlrram Year Project Name Fundin. Amount Reason 2008-2009 LaneMark Investments $246,000 Subrecipient requested Inc. termination 2009-2010 Housing Opportunities $200,000 Subrecipient requested Made for Everyone termination (H.O.M.E,) Total: $446,000 Proposed Project for Reprogrammed Funds is as follows: Program Name Funding Amount Description Single Family Rehabilitation $400,000 Repairs of low/moderate single Prmrram family homes Unallocated Reserve $46,000 Reserves To1al: $446,000