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Agenda 04/10/2012 Agenda IndexCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority 71 AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 April 10, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice - Chairman Donna Fiala - BCC Commissioner, District 1; CRAB Chairman Georgia Hiller - BCC Commissioner, District 2 Tom Henning - BCC Commissioner, District 3 NOTICE: All persons wishing to speak on Agenda items must register prior to speaking. Speakers must register with the Executive Manager to the BCC prior to presentation of the Agenda item to be addressed. All registered speakers will receive up to three (3) minutes unless the time is adjusted by the chairman. Collier County Ordinance No. 2003 -53 as amended by ordinance 2004 -05 and 2007 -24, requires that all lobbyists shall, before engaging in any lobbying activities (including but not limited to, addressing the Board of County Commissioners), register with the Clerk to the Board at the Board Minutes and Records Department. Requests to address the Board on subjects which are not on this agenda must be submitted in writing with explanation to the County Manager at least 13 days prior to the date of the meeting and will be heard under "Public Petitions." Public petitions are limited to the presenter, with a maximum time of ten minutes. Any person who decides to appeal a decision of this Board will need a record of the proceeding pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Collier County Facilities Management Department located at 3335 East Tamiami Trail, Suite 1, Naples, Florida, 34112 -5356, (239) 252 -8380; assisted listening devices for the hearing impaired are available in the County Commissioners' Office. Lunch Recess scheduled for 12:00 Noon to 1 :00 RM 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Reverend Sammy Mosquero - United Pentecostal Church Pg. 1- 1 AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. March 13, 2012 - BCC /Regular Meeting SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation designating April 20 -21, 2012 as Relay for Life Days in Collier County. Pg. 2 - 3 To be accepted by Mary Jo Thurston and Kate Kerwin. Sponsored by the Board of County Commissioners. B. Proclamation designating April 2012 as Child Abuse Awareness and Prevention Pg. 4 - 6 Month in Collier County. To be accepted by Dr. Rosanne Winter, Executive Director of Youth Haven, Inc. and Jackie Stephens, CEO, Children's Advocacy Center of Collier County. Sponsored by the Board of County Commissioners. C. Proclamation designating April 2012 as Water Conservation Month in Collier County. Pg. 7 - 8 To be accepted by Clarence Tears, Big Cypress Basin Administrator, South Florida Water Management District. Sponsored by Commissioner Coyle. D. Proclamation designating April 16, 2012 as National Healthcare Decisions Day in Pg. 9 - 10 Collier County. To be accepted by Annalise Smith, Regional Director, SeniorBridge; Gail Schultz, Director of Professional Relations, SeniorBridge; Lavigne Kirkpatrick, External Affairs Manager, Avow Hospice; Vicki Tracy, Director, The Arlington of Naples; Dianne Wehr, Sales Representative, Seniors B1ueBook; Yvette Saco, Senior Vice - President, IBERIABANK; Earl and Thelma Hodges, Hodges Funeral Home; and Taylor Hamilton, Marketing Director, Physicians Regional Healthcare System. Sponsored by Commissioner Fiala. E. Proclamation celebrating the opening of the von Arx Wildlife Hospital at the Pg. 11- 12 Conservancy of Southwest Florida and designating April 19, 2012 as Sharon and Dolph von Arx Wildlife Hospital Day. To be accepted by Barbara Wilson, Conservancy of Southwest Florida. Sponsored by the Board of County Commissioners. Proclamation designating April 1S-21,2012 as National Volunteer Week in Collier Pg. 13 - 14 County. To be accepted by Meryl Rorer, Volunteer Coordinator, Collier County Parks and Recreation and Steve Smith, Retired Senior Volunteer Program (RSVP) Coordinator on behalf of all Collier County Volunteers. Sponsored by Commissioner Fiala. G. Proclamation designating April 2012 as Sexual Assault Awareness Month in Collier Pg. 15 - 16 County. To be accepted by Project Help, Inc. staff and board members. Sponsored by Commissioner Coyle. H. Proclamation designating April 2012 as Parkinson's Awareness Month in Collier Pg. 17 - 18 County. To be accepted by Michael and Gretchen Church. Sponsored by Commissioner Fiala. S. PRESENTATIONS A. Presentation of the Collier County Business of the Month for April 2012 to Waste Pg. 19 - 19 Management, Inc. Accepting the award is Larry Berg, Senior District Manager. 6. PUBLIC PETITIONS A. Public petition request from Christina Pujol of Commerce Bank regarding e- payables. Pg. 20 - 22 7. PUBLIC COMMENTS ON GENERAL TOPICS 8. BOARD OF ZONING APPEALS Item 8 to be heard no sooner than 1:00 pm unless otherwise noted. 9. ADVERTISED PUBLIC HEARINGS Item 9 to be heard no sooner than 1:00 pm unless otherwise noted. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Collier County Planning Commission. Pg. 23 - 31 B. Appointment of member to the Animal Services Advisory Board. Pg. 32 - 49 C. Advisory Board Vacancies press release April 5, 2012 with a deadline of April 26, Pg. 50 - 53 2012. D. Request by the 5 member Golden Gate Community Center Advisory Board to have the Pg. 54 - 67 terms of office altered to allow board member terms to be staggered for renewal at 2 members, 2 members, 1 member. 11. COUNTY MANAGER'S REPORT A. This item to be heard at 11:00 a.m. Recommendation to approve the Conceptual Plans Pg. 68 - 343 for the FY2013/14 beach renourishment of Barefoot, Vanderbilt, Clam Pass, Park Shore and Naples beaches along with FY2012/13 Marco South beach renourishment /structure rebuild plan and make a finding that these items promote tourism. (Gary McAlpin, Coastal Zone Management Director) B. This item to be heard immediately following Item 11A. Recommendation to approve Pg. 344 - 389 shortlist of firms for contract negotiations for RFP No. 11 -5772 "Beach Renourishment Engineering Services ". (Gary McAlpin, Coastal Zone Management Director) C. Recommendation to accept the financial contribution from the Conservancy of Pg. 390 - 394 Southwest Florida of up to $90,000 dollars to allow for a third party firm, not associated with any interest group concerning the Rural Land Stewardship Area (RLSA), to provide for an independent review of the amendment process and complete the associated steps outlined in the scope of services described in Exhibit "A" to this Executive Summary and approve all necessary budget amendments. (Mike Bosi, Growth Management Division Comprehensive Planning Manager) D. Recommendation to approve a budget amendment in an amount up to $25,000 from Pg. 395 - 411 Unincorporated Area MSTD General Fund (111) reserves to retain an outside firm to provide a cost - benefit analysis of the Ave Maria SRA and determine if the development has demonstrated fiscal neutrality, as required by the Land Development Code. (Mike Bosi, Growth Management Division Comprehensive Planning Manager) E. Recommendation to approve Neighborhood Stabilization Program (NSP) Developer Pg. 412 - 493 Agreements with Habitat for Humanity of Collier County, Inc. thereby implementing the NSP Exit Strategy and providing access to $3,495,749 in federal grant funding. (Kim Grant, Housing, Human and Veteran Services Interim Director) F. Recommendation to review and provide direction regarding the ABC Finance, LLC's Pg. 494 - 517 protest of the recommended award of RFP #11 -5785, Management of Pelican Bay Tennis Center. (Len Price, Administrative Services Administrator) Afto - G. Recommendation to award RFP #11 -5785, Management of Pelican Bay Tennis Pg. 518 - 537 Center, and authorize the Chairman to sign a contract with Naples Tennis Academy, LLC. (Barry Williams, Parks and Recreation Director) H. This item to be heard at 1:30 p.m. Recommendation to adopt a Bond Resolution Pg. 538 - 672 authorizing the issuance of Bonds in an amount not to exceed $50,000,000 in order to refund a portion of Collier County's outstanding Gas Tax Refunding Revenue Bonds, Series 2003. (Mark Isackson, County Manager's Office) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 1. Recommendation that the Board of County Commissioners, acting in its Pg. 673 - 687 capacity as the Collier County Airport Authority, approve the attached Sub - Lease Agreement with Three Mayhoods LLC. 2. Response to the Collier County Clerk of Circuit Court Internal Audit of the Pg. 688 - 726 Marco Island Executive Airport Parallel Taxiway and Apron Expansion Construction Project and Request Approval of Staff Clarification issued by the Zoning Manager and Planning Manager Finding the Airport in Compliance. B. COMMUNITY REDEVELOPMENT AGENCY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. GROWTH MANAGEMENT DIVISION 1. Recommendation to approve final acceptance of the water utility facility for Pg. 727 - 732 Tall Oaks, Phase 4 and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 2. Recommendation to approve final acceptance of the water and sewer utility Pg. 733 - 739 facilities for Reflection Lakes, Unit 2, Phase 2 and 3, and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 3. Recommendation to approve final acceptance of the water utility facility for Pg. 740 - 745 Collections at Vanderbilt, Phase One and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 4. Recommendation to authorize the County Manager, or his designee, to release Pg. 746 - 752 the Utility Performance Security Bond to the Project Engineer or the Developer's designated agent for Collections at Vanderbilt, Phase Two. 5. Recommendation to approve a Right -of -Entry Agreement with the Collier Pg. 753 - 760 County School District to allow for connection of a proposed sidewalk on Bayside Street with the existing sidewalk on the Shadowlawn Elementary School property. Fiscal Impact: $27 Project: 69081. This item requires that ex parte disclosure be provided by Commission Pg. 761 - 766 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 Lipari - Ponziane Replat. This is a replat of Tract "FD -1" of the Lipari - Ponziane" plat. This item requires that ex parte disclosure be provided by Commission Pg. 767 - 775 members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve an extension for completion of subdivision improvements associated with the Esperanza Place subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. 8. Recommendation to recognize the commitment of the prepayment of road Pg. 776 - 845 impact fees in the City Gate Developer Agreement (Agreement) recorded in O.R. Book 4517, Page 640 and to convert a temporary five year Certificate of Public Facility Adequacy (COA) into a COA in perpetuity. Recommendation to grant final approval of the roadway (private) and drainage Pg. 846 - 855 improvements for the final plat of Fiddler's Creek Phase 3, Unit Four with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 10. Recommendation to grant final approval of the roadway (private) and drainage Pg. 856 - 864 improvements for the final plat of Sterling Oaks - Phase 2A with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 11. Recommendation to approve the award of Contract #11 -5724 to Hole Montes, Pg. 865 - 915 Inc. for Construction Engineering Inspection, Landscape Inspection and Site Restoration Services for the "Vanderbilt Beach MSTU: FPL Underground Conversion Project - Phase 1, 2, 3" pursuant to RFP #11 -5724, in the estimated amount of $165,544. 12. Recommendation to approve the award of RFP 11 -5753, Electronic Fareboxes Pg. 916 -1045 for the Collier Area Transit (CAT) Intelligent Transportation Systems (ITS) Program to Fare Logistics Corporation for an estimated $564,228 in FY 2012/2013 and authorize the Chairman to execute the attached contract funded by the Department of Transportation Federal Transit Administration 5307 formula grant and the American Recovery and Reinvestment Act (ARRA) with 100% capital grant dollars. 13. Recommendation to approve the partial release of lien in the Code Enforcement Pg. 1046 - Actions entitled Board of County Commissioners vs. Francisca Alas, Code 1049 Enforcement Board Case No. 2007 -49, relating to property located at 4100 31st Place SW, Collier County, Florida. 14. Recommendation to appoint a designee to submit Board - approved Federal Pg. 1050 - Transit Administration grants applications, to accept and execute grants and 1057 cooperative agreements, and to execute the annual electronic certification and assurances on behalf of the County. 15. Recommendation to approve Addendum number two to Software License and Pg. 1058 - Services Agreement and the Customer Support Agreement Between 1063 RouteMatch Software, Inc. and Collier County for the RMGATE software interface license, a component of the Collier Area Transit Intelligent Transportation System. B. C. 113 COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 1064 - and execute a Site Improvement Grant Agreement that is financially assisted by 1091 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2718 Gulfview Drive - CRA Fiscal Impact: None) PUBLIC UTILITIES DIVISION 1. Recommendation to approve Agreement No. 4600002607 with the South Pg. 1092 - Florida Water Management District for the Continued Collection of Surface 1116 Water Quality Samples in Collier County in the Amount of $210,000. PUBLIC SERVICES DIVISION Recommendation to approve a Work Order with Atkins North America, Inc. for Pg. 1117 - Clam Pass Joint Coastal Permit under contract 09- 5262 -CZ for a not to exceed 1125 amount of $7,672. 2. Recommendation to approve a budget in the amount of $41,360 for the Pg. 1126 - Vanderbilt Beach Access signage installation and access amenities pursuant to 1148 a Board approved Settlement Agreement dated August 29, 2011, and make a finding that this item promotes tourism. 3. Recommendation to approve an updated State Housing Initiatives Partnership Pg. 1149 - Program (SHIP) Subordination Policy for minor administrative changes. 1156 4. Recommendation to approve one (1) release of lien in the amount of Pg. 1157 - $19,300.01 for a satisfied Impact Fee Deferral. 1165 S. Recommendation to approve a "Grantee Application for Advance Funding" to Pg. 1166 - the Florida Department of Children and Families (DCF) and the corresponding 1175 budget amendment to recognize revenues in the amount of $182,830. 6. Recommendation for the Chairman to execute a "Delegation of Authority to Act Pg. 1176 - as Certifying Officer" form designating the Collier County Manager as the 1179 Certifying Officer for Environmental Reviews required for federally funded grant projects. 7. Recommendation to approve and authorize the Chairman to sign a Florida Fish Pg. 1180 - and Wildlife Conservation Commission (FWC) Division of Marine Fisheries 1198 Management, Artificial Reef Construction Grant Application for the Coastal Zone Management Department in the amount of $60,000. 8. Recommendation to approve an amendment to an existing Community Pg. 1199 - Development Block Grant Subrecipient agreement with David Lawrence Mental 1241 Health Center, Inc. (DLC) allowing for a time extension due to a need to re- procure a contractor under this agreement, and for additional administrative changes. 9. Recommendation to recognize Community Development Block Grant Funds Pg. 1242 - (CDBG) in the amount of $775,016 for construction of the Immokalee South 1244 ' Park Project and transfer $775,016 of Fund (346) funds to the Eagle Lakes Community Center Project. 10. Recommendation to approve a modification to Disaster Recovery Initiative Pg. 1245 - Grant Agreement #10DB- D4- 09- 21- 01 -K09 between the Florida Department of 1273 Economic Opportunity (DEO) and Collier County and amend the associated subrecipient agreements to reflect a reallocation of funds to provide for resurfacing work within the Immokalee Stormwater Improvement Project, include a bathroom expansion in the Immokalee Shelter Improvement project and update project work plans; all with no fiscal impact. 11. Recommendation to approve the electronic submittal of Senior Corps Retired Pg. 1274 - and Senior Volunteer Program (RSVP) application to the Corporation for 1300 National and Community Service, for the continuation of the Collier County sponsored RSVP program in the amount of $78,170 for the first of a three year grant cycle. 12. Recommendation to approve a non - exclusive license agreement between the Pg. 1301 - Board of County Commissioners and the Goodland Civic Association, Inc. 1311 approving the use of County-owned property, the Goodland Boat Park, for conducting three annual events. E. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to award Request for Quote #12 -5831 for Unemployment Pg. 1312 - Cost Management Services to TALX Corporation in an estimated amount of 1324 $3,160 annually and authorize the Chairman to sign the Agreement and Power of Attorney to appoint TALX UCM Services, Inc. dba UCeXpress as the County's Unemployment Tax Agent. 2. Recommendation to accept reports and ratify staff- approved change orders Pg. 132S - and changes to work orders. 1347 3. Recommendation to authorize additional facilities and services to Contract 09- Pg. 1348 - 5203 for Pest Control Services, to confirm approval that staff is authorized per 1398 Contract 09 -5203 to identify additional services and rates, and direct Finance to release payment on past invoices (approximately $1,090). The estimated additional annual expense amount is $9,000. F. COUNTY MANAGER OPERATIONS Recommendation to approve the Memorandum of Understanding between Pg. 1399 - Collier County and Emmanuel Lutheran Church in support of Emergency 1405 Management activities related to natural and manmade hazards emergency response. 2. Recommendation to approve the Memorandum of Understanding between Pg. 1406 - Collier County and Salvation Army in support of Emergency Management 1412 activities related to natural and manmade hazards emergency response. 3. Recommendation to approve the Memorandum of Understanding between Pg. 1413 - Collier County and Harry Chapin Food Bank of Southwest Florida, Inc in support 1419 of Emergency Management activities related to natural and manmade hazards emergency response. 4. Recommendation to approve the Memorandum of Understanding between Pg. 1420 - Collier County and Goodwill Industries of Southwest Florida, Inc in support of 1425 Emergency Management activities related to natural and manmade hazards emergency response. S. Recommendation to approve the Memorandum of Understanding between Pg. 1426 - Collier County and the Catholic Charities in support of Emergency Management 1432 activities related to natural and manmade hazards emergency response. 6. Recommendation to approve the Memorandum of Understanding between Pg. 1433 - Collier County and Mayflower Congregational United Church of Christ in 1439 support of Emergency Management activities related to natural and manmade hazards emergency response. 7. Recommendation to approve Department of Homeland Security Grant Pg. 1440 - Agreement 12DS- 9Z- 09 -21 -01 between Collier County and the Florida Division 1501 of Emergency Management in the amount of $19,000 for Emergency Management planning and exercises and approve all necessary budget amendments. 8. Recommendation to approve Department of Homeland Security Grant Pg. 1502 - Agreement 12DS- 29- 09 -21 -01 between Collier County and the Florida Division 1563 of Emergency Management in the amount of $20,000 for State Homeland Security Grant Program to conduct training and exercises and approve all necessary budget amendments. 9. Recommendation to adopt a resolution approving amendments (appropriating Pg. 1564 - grants, donations, contributions or insurance proceeds) to the Fiscal Year 1566 2011 -12 Adopted Budget. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1567 - attendance at a function serving a Valid Public Purpose. She attended the East 1569 Naples Civic Association Luncheon on February 16, 2012. The sum of $18 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1570 - attendance at a function serving a Valid Public Purpose. She attended the East 1572 Naples Civic Association Luncheon on March 15, 2012. The sum of $18 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 1573 - attendance at a function serving a Valid Public Purpose. She attended the 1575 Naples Press Club Luncheon on March 22, 2012. The sum of $20 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1576 - attendance at a function serving a Valid Public Purpose. Attended the 1578 Immokalee Chamber of Commerce Breakfast at Roma Havana Restaurant, Immokalee, FL on March 7, 2012. $10 to be paid from Commissioner Coletta's travel budget. S. Commissioner Coletta requests Board approval for reimbursement regarding Pg. 1579 - attendance at a function serving a Valid Public Purpose. Attended the Marjory 1581 Stoneman Douglas Luncheon at the Seafood Depot in Everglades City, FL on February 21, 2012. $20 to be paid from Commissioner Coletta's travel budget. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous correspondence to file with action as directed. Document(s) Pg. 1582 - have been routed to all Commissioners and are available for review in BCC 1583 office until approval. 2. Advisory board minutes and agendas to file with action as directed. Pg. 1584 - Document(s) have been routed to all Commissioners and are available for 1585 review in BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of March 10, 2012 Pg. 1586 - through March 16, 2012 and for submission into the official records of the 1599 Board. 2. To obtain Board approval for disbursements for the period of March 17, 2012 Pg. 1600 - through March 23, 2012 and for submission into the official records of the 1613 Board. K. COUNTY ATTORNEY 1. Recommendation to approve an Agreed Order Awarding Expert Fees in Pg. 1614 - connection with Parcels 110FEE and 110TCE in the lawsuit styled Collier 1618 County v. A L Subs, Inc., et al., ase No. 09- 3691 -CA, Collier Boulevard Project No. 60092 (Fiscal Impact: $9,953.75). 2. Recommendation to approve a Stipulated Final Judgment in the amount of Pg. 1619 - $2,898.05 in settlement of Parcel 111 as to easement holder, Publix Super 1624 Markets, Inc., in the Lawsuit Styled Collier County v. NB Holdings Corporation, et al., Case No. 06- 0658 -CA, Santa Barbara Boulevard Project No. 62081. (Fiscal Impact: $2,898.05) 3. Request to approve a Resolution revising the County Attorney Office Fiscal Year Pg.1625 - Pay and Classification Plan effective April 10, 2012, and to reinstate the job 1637 description for Managing Assistant County Attorney. 4. Recommendation to approve the settlement prior to trial in the lawsuit entitled Pg. 1638 - Collier County, Florida Board of County Commissioners v. Oliver Scott Vanoy 1643 and Max Stankeveh, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 11- 1242 -CC to settle a property damage claim for the sum of $12,281.22 and authorize the Chairman to execute the Settlement Agreement and Release. 17. SUMMARY AGENDA This section is for advertised public hearings and must meet the following criteria: 1) A recommendation for approval from staff, 2) Unanimous recommendation for approval by the Collier County Planning Commission or other authorizing agencies of all members present and voting; 3) No written or oral objections to the item received by staff, the Collier County Planning Commission, other authorizing agencies or the Board, prior to the commencement of the BCC meeting on which the items are scheduled to be heard; and 4) No individuals are registered to speak in opposition to the item. For those items which are quasi - judicial in nature, all participants must be sworn in. 18. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252 -8383.