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Agenda 09/11/2012 Agenda IndexBoard of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority F.Mw f Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 September 11, 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 - B� Commissioner, Distric. 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 INVOCATION kNL P..LD ,: 0 fi:: cGily N A. Rabbi Adam Miller - Temple Shalom 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.) B. June 28, 2012 - BCC /Budget Meeting C. July 24, 2012 - BCC /Regular Meeting 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation recognizing United Way of Collier County for its outstanding Pg. 1 - 2 contributions to the community and wishing continued success for the 2012 -2013 season. To be accepted by Steve Sanderson, President, United Way of Collier County and committee members of Team Collier. Sponsored by the Board of County Commissioners. B. Proclamation designating September 2012 as "Hunger Action Month" in Collier Pg. 3 - 4 County. To be accepted by Katie Schweikhardt, Collier County Food Coordinator and Joyce Jacobs, Associate Director, Harry Chapin Food Bank. Sponsored by Commissioner Henning. C. Proclamation recognizing the new NCH Healthcare System collaboration with the Pg. 5 - 6 Mayo Clinic Care Network and congratulating NCH Healthcare System on being the first member of the network in Florida and the Southeast region of the United States. To be accepted by Allen Weiss, M.D., President and CEO, NCH Healthcare System. Sponsored by Commissioner Coletta. D. Proclamation designating September 2012 as "Friends of the Library of Collier Pg. 7 - 8 County" month in honor of the 55th anniversary of the partnership between Friends of the Library of Collier County, Inc. and the Collier County Public Library System. To be accepted by Paul Chioffi, President, Friends of the Library and Marilyn Matthes, Library Director. Sponsored by Commissioner Fiala. E. Proclamation designating September 17 -21, 2012 as Industry Appreciation Week in Pg. 9 - 10 Collier County. To be accepted by Michael V. Reagan, President & CEO, Greater Naples Chamber of Commerce; Michael Wynn, Chairman, Greater Naples Chamber of Commerce and Co -Chair of the Partnership for Collier's Future Economy; and Edward Morton, Co -Chair of the Partnership for Collier's Future Economy. Sponsored by the Board of County Commissioners. A. Presentation of the Collier County Business of the Month for September 2012 to the Pg. 11 - 11 Hadinger Company. To be accepted by Don Williamson, CEO and Annette Dati, Designer. 6. PUBLIC PETITIONS A. Public Petition request from Jesse Olsovsky regarding road paving on 2nd Street Pg. 12 - 14 Northeast. 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. A. This item continued from the June 18, 2012 BCC Meeting. Recommendation of Pg. 15 - 470 Reconsideration of CP- 2008 -5, Petition requesting amendments to the Immokalee Area Master Plan and Immokalee Area Master Plan Future Land Use Map, to make revisions to the entire Master Plan to include: increases to commercial acreage, industrial acreage, and allowable residential density; elimination of some existing designations; creation of a new designation for the Immokalee Regional Airport site; and, re- designation of approximatel'v 103 acres to Immokaiee Urban Area from Agricultural /Rural within the Rural Lands Stewardship Area as identified on the countywide Future Land Use Map. Additionally, the petition requests an amendment to Policy 6.2.5 of the Conservation and Coastal Management Element to treat that portion of the Lake Trafford Camp Keais Strand System which is within the Immokalee Urban Area as Neutral Lands for vegetation retention, and to the Future Land Use Map and Map Series of the Future Land Use Element to show the re- designation of the 103 acres to the Immokalee Urban Area. B. Recommendation to approve the Ordinance Establishing the Hacienda Lakes Pg. 471- 607 Community Development District (CDD) pursuant to Section 190.005(2)(a) -(f), Florida Statutes C. Recommendation to consider an Ordinance of the Board of County Commissioners of Pg. 608 - 616 Collier County, Florida, amending Ordinance number 04 -41, as amended, the Collier County Land Development Code, which includes the comprehensive land regulations for the unincorporated area of Collier County, Florida, by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of Amendments to the Land Development Code, more specifically amending the following: Chapter 1 - General Provisions, including Section 1.08.02 Definitions; Chapter 2 - Zoning Districts and Uses, including Section 2.03.01 Agricultural Zoning Districts, Section 2.03.07 Overlay Zoning Districts, Section 2.03.08 Rural Fringe Zoning Districts; Chapter Three - Resource Protection, including Section 3.05.02 Exemptions from keouiremew. Io' VeremaoI. i- rotectim. anC T're e- vatloi., Sec-am. :..0 :'Xz, rileru for Removal of Protected Vegetation, Section 3.05.07 Preservation Standards, Section Am 3.06.06 Regulated Wellfields, Section 3.06.07 Unregulated Wellfields, Section 3.06.12 Regulated Development; Chapter Four - Site Design and Development Standards, including Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, Section 4.02.04 Standards for Cluster Residential Design, Section 4.02.14 Design Standards for Development in the ST and ACSC -ST Districts, Section 4.02.16 Design Standards for Development in the BMUD- Neighborhood Commercial Subdistrict, Section 4.02.17 Design Standards for Development in the BMUD - Waterfront Subdistrict, Section 4.02.18 Design Standards for Development in the BMUD - Residential Subdistrict (R1), Section 4.02.19 Design Standards for Development in the BMUD - Residential Subdistrict (112), Section 4.02.20 Design Standards for Development in the BMUD - Residential Subdistrict (113), Section 4.02.21 Design Standards for Development in the BMUD - Residential Subdistrict (114), Section 4.02.35 Design Standards for Development in the GTMUD -Mixed Use Subdistrict (MXD), Section 4.02.36 Design Standards for Development in the GTMUD - Residential Subdistrict (R), Section 4.05.02 Design Standards, Section 4.05.04 Parking Space Requirements, Section 4.06.02 Buffer Requirements, Section 4.06.03 Landscaping Requirements for Vehicular Use Areas and Rights -of -Way, Section 4.06.04 Trees and Vegetation Protection, Section 4.07.02 Design Requirements; Chapter Five - Supplemental Standards, including Section 5.03.02 Fences and Walls, Section 5.03.06 Dock Facilities, Adding Section 5.03.07 Portable Storage Containers, Section 5.05.08 Architectural and Site Design Standards, Section 5.06.00 Sign Regulation and Standards by Land Use Classification, Section 5.06.02 Development Standards for Signs within Residential Districts, Section 5.06.03 Development Standards for Signs for Institutional Uses, Section 5.06.04 Development Standards for Signs in Nonresidential Districts, Section 5.06.05 Exemptions from these Regulations; Chapter Six - Infrastructure Improvements and Adequate Public Facilities Requirements, including Section 6.02.01 Generally, Section 6.02.03 Transportation Level of Service Requirements, Section 6.06.01 Street System Requirements, Section 6.06.02 Sidewalks, Bike Lane and Pathway Requirements; Chapter Nine - Variations from Code Requirements, including Section 9.03.02 Requirements of Continuation of Nonconformities, Section 9.04.02 Types of Variances Authorized, Adding Section 9.04.08 Administrative Adjustment; Chapter Ten - Application, Review, and Decision - making Procedures, including Section 10.01.02 Development Orders Required, Section 10.02.00 Application Requirements, 10.02.03 Submittal Requirements for Site Development Plans, Section 10.02.05 Submittal Requirements for Improvements Plans, Section 10.02.06 Submittal Requirements for Permits, Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, Section 10.02.13 Planned Unit Development (PUD) Procedures, Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, The Planning Commission, the Board of Zoning Appeals, the EAC, and the Historic Preservation Board, Section 10.08.00 Conditional Uses Procedures; Appendix A - Standard Performance Security Documents for Required Improvements; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. 10. BOARD OF COUNTY COMMISSIONERS A. The Board of County Commissioners to declare a vacant seat on the Airport Authority Pg. 617 - 622 Advisory Board. L. Appointment of member to the Collier County Coastai Advisory Committee. C. Appointment of members to the All Terrain Vehicle Park Ad Hoc Committee. D. Appointment of member to the Collier County Citizens Corps. E. Appointment of members to the Collier County Public Safety Authority. F. Recommendation to suspend the activities of the County Government Productivity Committee until a review date of January 22, 2013, 11. COUNTY MANAGER'S REPORT P-. b2� - ty7G Pg. 630 - 643 Pg. 644 - 654 Pg. 655 - 692 Pg. 693 - 700 A. Recommendation to accept a staff report on the progress to date of the RESTORE Act Pg. 701 - 724 settlement between BP and the US Government, to designate a representative to act on behalf of Collier County in future discussions on a proposed Consortium and Interlocal Agreement and to approve funding of up to $1,120 for this purpose. (Jack Wert, Tourism Director) B. Recommendation to award a construction contract in the amount of $1,803,986.74 to Pg. 725 - 1000 Zep Construction and reserve $178,080 on the purchase order for funding allowances, for a total of $1,982,066.74 for ITB 12 -5820R - "Accelerated Bridge Construction Projects: White Boulevard Bridge Replacement ( #034021) ", Project No. 66066. (Marlene Messam, P.E. Sr. Project Manager, Growth Management, Transportation Engineering) C. Recommendation to award Contract No. 12 -5940 - i.ASIP US 41 Ditch and NapleF Pg. 100; - Manor Ditch Stormwater Improvements to Quality Enterprises USA, Inc. in the 1181 amount of $2,385,787.65 plus a ten (10) percent contingency of $238,578.77 totaling $2,624,366.42, Project No. 51101. (Margaret Bishop, Project Manager, Senior, Growth Management, Transportation Engineering) D. Recommendation to approve the award of Request for Proposal (RFP) #12 -5864 Pg. 1182 - Annual Roadway Contractors to multiple firms for an annual "not to exceed" 1233 expenditure of $1,500,000. (Nick Casalanguida, Administrator, Growth Management) E. Recommendation to approve Contract 11 -5782 for three design contracts for the Pg. 1234 - "Wastewater Basin Program," Project Numbers 70043, 70044, 70046, 70050, 70051, 1417 and 70064, in the total amount of $5,730,468, with AECOM Technical Services, Inc., CDM Smith Inc., and Hole Montes, Inc. to perform professional engineering services; and authorize a budget amendment in the amount of $1,648,267.31. (Craig Pajer, Public Utilities Project Manager) F. Recommendation to award Contract No. 12 -5917, in the amount of $1,042,050, to A.C. Pg. 1418 - Schultes of Florida, Inc., and authorize a budget amendment in the the amount of 1569 $350,000, for the Livingston Road Irrigation Quality Water Aquifer Storage and Recovery Well below the underground source of drinking water, Project 74030. (Tom Chmelik, Public Utilities Engineering Director) kecommencatior. io- dr-ectioc. anc avurovQ €c: aaverusf ar orchranc, sunersedmc P 1_-7( Ordinance 87 -25, as amended by Ordinance 2000 -54, revising and establishing the 1645 Collier County Purchasing Policy; providing for duties and authority for the County Manager or designee; providing for the Administrative Purchasing Procedures; providing for Conflict and Severability and Effective Date. (Len Golden Price, Administrative Services Division Administrator) H. This item to be heard at 11:30 a.m. Recommendation to direct the County Manager to Pg. 1646 - pursue the recovery of de- obligated Federal Emergency Management Agency (FEMA) 1661 payments from Hurricanes Katrina and Wilma and authorize expenditures up to $100,000 for technical, legal and professional resources to support the recovery effort. (Nick Casalanguida, Administrator, Growth Management Division) 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT 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 grant final approval of the roadway and drainage Pg. 1662 - improvements for the final plat of White Lake Corporate Park Phase Three with 1670 the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security. Recommendation to approve final acceptance of the water and sewer utility Pg. 1671- facilities for Greenway Road and to authorize the County Manager, or his 1679 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 and sewer utility Pg. 1680 - facilities for Regal Acres and to authorize the County Manager, or his designee, 1688 to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. h":' pmmenuaao.. i. aaL&Fi -cvG LiiL. a --- cen?,anct- o alE- wai.e- anc S"Ivle- mia—,� -- ,. C>5•.� faciiities for Sandaiwood /Secoya and to authorize the County Manager, or his 1697 designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. S. Recommendation to approve final acceptance of the water and sewer utility Pg. 1698 - facilities for Bucks Run Access and to authorize the County Manager, or his 1709 designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 6. Recommendation to grant final approval of the private roadway and drainage Pg. 1710 - improvements for the final plat of IL Regalo Replat with the roadway and 1717 drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. 7. Recommendation to approve final acceptance of the water utility facility for Pg. 1718 - The Players Club and Spa at Lely Resort and to authorize the County Manager, 1727 or his designee, to release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 8. Recommendation to approve final acceptance of the water and sewer utility Pg. 1728 - facilities for Lakoya and to authorize the County Manager, or his designee, to 1736 release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. 9. Recommendation to ratify and approve Change Order No. 5 to Contract # 06- Pg. 1737 - 5130 in the amount of $46,034 with CME Associates, Inc., for Design & Related 1752 Services for Deveionment of Accelerated Bridge Construction. Standards and Piiot Bridge Construction; Project # 6606G- 10. This item requires that ex parte disclosure be provided by Commission Pg. 1753 - members. Should a hearing be held on this item, all participants are required to 1763 be sworn in. Recommendation to accept a Construction, Maintenance and Escrow Agreement as security for Excavation Permit No. 60.029 for the project known as Faith Landing, Phase One. 11. Recommendation to authorize the County Manager, or his designee, to release Pg. 1764 - Utilities Performance Security Bonds to the Project Engineer or the Developer's 1771 designated agent for Regency Autohaus, 601 Airport Pulling Road North. 12. This item requires that ex parte disclosure be provided by Commission Pg. 1772 - members. Should a hearing be held on this item, all participants are required to 1789 be sworn in. Recommendation to approve for recording the final plat of Esperanza Place, PPLA- PL20120001151, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 13. Recommendation to approve and authorize the Chairman to sign a joint Pg. 1790 - Participation Agreement with Florida Department of Transportation (FDOT) 1818 for CEI services on the FDOT resurfacing project on SR951 from Fiddler's Creek Pa >�-i -.wa- €c, Soutn of Sf 9,1 6 OS4 y,, aionc witi. tnt- : ounr- :- U:-/t-'- anct SF /CI: • 951 intersection project in the amount of $994,640; to execute a Resolution memorializing the Board's action; and, to authorize the necessary budget amendment. 14. Recommendation to award Bid No. 12 -5899 to Quality Enterprise USA, Inc., in the amount of $75,455.31 for the construction contract of the Golden Gate Community Park Boat Dock Facility Project No. 80031 and authorize a $72,700 budget amendment. 15. Recommendation to award Invitation to Bid (ITB) 12 -5922, "Street Name Sign Replacement," to Municipal Supply and Sign Company for signage work in the amount of $106,050.50 16. Recommendation to award five contracts with identical terms and conditions for Request For Proposal No. 12 -5892, "Fixed Term Landscape Architectural Services" to: McGee & Associates, Inc.; Richard Tindell d /b /a Greenwork Studio; Johnson Engineering, Inc., Goetz & Stropes Landscape Architects, Inc. and Windham Studio, Inc (collective annual limit for all firms: $200,000 without further approval by the Board). 17. Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida supporting the County's applications to Florida Department of Environmental Protection (FDEP) for Long Range Budget Plan Requests for Inlet Management Plan and Beach Renourishment Projects for Fiscal Year 2013 -2014 and authorization of any necessary budget amendments. 16. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Quarry Phase 4 Replat, Lots 42 through 75, PL20120000412 approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Pg. 1819 - 1924 Pg. 1925 - 1981 Pg. 1982- 2017 Pg. 2018- 2028 Pg. 2029- 2040 19. Recommendation to award ITB #12 -5928 for the Traffic Signal Upgrade at the Pg. 2041 - intersection of Airport Pulling Road (CR 31) and Pine Ridge Crossing Shopping 2177 Center Entrance to Bonness, Inc. in the amount of $347,314.87 for Project #60172. 20. Recommendation to award ITB #12 -5929 for the Traffic Signal Upgrade at the Pg. 2178 - intersection of Pine Ridge Road and Pine Ridge Crossing Shopping Center 2314 Entrance to TransCore ITS, LLC in the amount of $329,006.03 for Project #60172. 21. Recommendation to award ITB #12 -5930 for the Traffic Signal Upgrade at the Pg. 2315 - intersection of Pine Ridge Road and Naples Boulevard to Highway Safety 2445 Devices, Inc. in the amount of $287,110 for Project #60172. ...� ¢..e oi - _menGz -_w, u, u; r0V La. ei;io: ..Piir - oribor"iniurr. ,v✓rne'_": t'�.... _,'-4• Association, inc. and the Conservancy of Soutnwest Florida, Inc, to enter upor. 2454 County property to begin exotic removal, data collection and monitoring of the mangrove forest on County-owned property in the vicinity of Lely Barefoot Beach. 23. Recommendation to direct the County Manager or his designee to submit a Pg. 2455 - grant application to the Gulf Tourism and Seafood Promotional Fund to expand 2471 Collier County's artificial reefs. 24. This item requires that ex parte disclosure be provided by Commission Pg. 2472 - members. Should a hearing be held on this item, all participants are required to 2478 be sworn in. Recommendation to adopt a Resolution to hold a public hearing to consider vacating a portion of State Road 29 (Copeland Avenue South), Application No. VAC- PL20120001606. B. COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 2479 - and execute a Site Improvement Grant Agreement that is financially assisted by 2494 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (Fiscal impact: $3,243.90) 2. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 2495 - and execute a Site Improvement Grant Agreement that is financially assisted by 2511 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (Fiscal Impact: $8,000) 3. Recommendation for the Community Redevelopment Agency (CRA) to approve Pg. 215 1'-,, - and execute a Site Improvement Grant Agreement that is financially assisted by 2528 a Fifth Third Bank grant award between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (Fiscal Impact: $221.07) 4. Recommendation that the Collier County Community Redevelopment Agency Pg. 2529 - (CRA) approve the application and recipient agreement for the Immokalee CRA 2554 Commercial Facade Improvement Grant Program for reimbursement of $20,000 for facade improvements to Paralegal & Notary Multi Services, Inc. located at 1007 North 15th Street (SR 29), Immokalee, Florida 34142. 5. Recommendation to approve the selection committee's short-list ranking and Pg. 2555 - authorize entering into negotiations with AIM Engineering for a contract 2679 related to Community Redevelopment Agency (CRA) Request for Proposal Number 12 -5855, " Immokalee Crosswalk Improvement Project." 6. Recommendation that the Board approve the three firms selected through the Pg. 2680 - Consultants' Competitive Negotiation Act (CCNA) Solicitation RFP 12 -5896 2717 Design of First Street Zocalo for Immokalee. PUB_I;; [ TI :TIE:. WV*lSiDN 1. Recommendation to approve a work order under Request for Quotation 08- Pg. 2718 - 5011 -68 in the amount of $255,747.25 to Mitchell & Stark Construction, for 2758 Underground Utility Contracting Services for the Wastewater Pump Station 103.03 Rehabilitation Project Number 70046. D. PUBLIC SERVICES DIVISION 1. Recommendation to approve the purchase of a perpetual, non - exclusive Pg. 2759 - easement (Miscellaneous Parcel 99999- 252BSE) for the amount of $7,100 2766 containing 120 square feet more or less for an existing Collier Area Transit Bus Shelter located on Broward Street approximately 135 feet from its intersection with Tamiami Trail East. 2. Recommendation to authorize the Chairman to sign the FY2012 -2013 State Aid Pg. 2767 - to Libraries Grant Agreement, Technology Plan, and Current Year Action Plan, 2789 permitting the Collier County Public Library to apply for State Aid to Libraries. Fiscal Impact ($219,000). 3. Recommendation to approve budget amendents recognizing $44,745.59 in Pg. 2790 - additional State Aid to Libraries Grant funds awarded to the Collier County 2795 Public Library for FY09 /10 and FY10 /11. 4. Recommendation to approve a budget amendment recognizing $276,635.50 in Pg. 2796 - program income revenue generated when conveying properties acquired 2842 under the Neighborhood Stabilization Program (NSP1). 5. Recommendation to approve a budget amendment recognizing $785,293.43 of Pg. 2843 - State Housing Initiative Partnership (SHIP) grant revenue and program income. 2848 6. Recommendation to approve and authorize the County Manager or his designee Pg. 2849 - to sign an agreement between the National Down Syndrome Society and Collier 2864 County Parks and Recreation Department to conduct the third annual Buddy Walk at North Collier Regional Park on October 20, 2012. 7. Recommendation to approve the "Certification for Implementation of Pg. 2865 - Regulatory Reform Activities Required by S.H.I.P ", 2009/2010 program annual 2882 report, and authorize electronic submission to Florida Housing Finance Corporation to ensure compliance with program requirements. 8. Recommendation to approve a Budget Amendment for Sabal Palm Municipal Pg. 2883 - Service Taxing Unit (MSTU) reclassifying $103,185 from capital improvements 2885 to operating expenditures. 9. Recommendation to request for authorization to advertise and bring back an Pg. 2886 - Ordinance amending Collier County Ordinance No. 91 -107, as amended (The 2899 Forest Lakes Roadway and Drainage Municipal Service Taxing Unit), to incorporate provisions to facilitate the construction of roadways and roadway improvements within the MSTU boundaries. I 0. Recommendation to approve the aware of Contract #12 -5923 in the amount of Pg. 2906 - $224,120 and authorize the Chairman to execute an agreement with Victor J. 2955 Latavish, P.A., for "Professional Design Services for the Eagle Lakes Community and Fitness Center" Project Number 80184. 11. Recommendation to approve one (1) satisfaction of mortgage for State Housing Pg. 2956 - Initiatives Partnership Program (SHIP) for repayment in the amount of 2964 $1,205,91 in accordance with the Board's Short Sale Policy. 12. Recommendation to approve one (1) satisfaction of mortgage for State Housing Pg. 2965 - Initiatives Partnership Program (SHIP) for repayment in the amount of $1,350 2972 in accordance with the Board's Short Sale Policy. 13. Recommendation to approve one (1) satisfaction of mortgage in the amount of Pg. 2973 - $5,000 for payment received for the balance owed on a State Housing 2980 Initiatives Partnership (SHIP) loan. 14. Recommendation to approve four (4) amendments for the FY12 agreements Pg. 2981 - and attestation statements with the Area Agency on Aging of Southwest Florida, 3006 Inc., dba, Senior Choices of Southwest Florida, with fiscal impact of $9,000 (decrease in funding) for the Nutrition Services Incentive Program. 15. Recommendation to approve the FY12 Program of Projects which includes both Pg. 3007 . Capital and Operating expenditures, authorize submission of grant application 3100 to the Federal Transit Administration (FTA) Urbanized Area Formula Program (49 U.S.C. § 5307 FY12), accept the award of said grant in the amount of $2,543,5'7; and authorize necessary budget amendments. 16. Recommendation to adopt a resolution approving the expenditure of funds not Pg. 3101 - to exceed $1,500 for activities and incentive prizes associated with county staff 3104 participation in the 2012 United Way of Collier County Campaign. 17. Recommendation to authorize staff to notify applicants of the County's Pg. 3105 - cancellation of two "As Is" Contract for Sale and Purchase contracts for 3127 properties in the Neighborhood Stabilization Program (NSP) for failure to obtain financing and notify the title company to return the escrow deposits to the applicants. ADMINISTRATIVE SERVICES DIVISION 1. Recommendation to approve, and authorize the Chairman to sign, the Pg. 3128 - Assumption Agreement from Advanced Medical Center, LLC to Advance Medical 3174 of Naples, LLC for medical director services by Dr. Gregory E. Leach, M.D. and employment physicals and drug testing services. 2. Recommendation to approve Agreement #13- CP- 11- 09- 21- 01 -XXX between the Pg. 3175 - State of Florida, Division of Emergency Management and Collier County 3207 accepting $8,355 for the preparation of Hazards Analysis Reports for facilities storing extremely hazardous substances within Collier County and approve the necessary uuage; amenamen:. 3. Recommendation to approve a Florida Emergency Medical Services County Pg. 3208 - Grant Application, Grant Distribution Form and Resolution for the funding of 3221 Training and Medical /Rescue Equipment and Supplies in the amount of $74,895 and to approve a Budget Amendment. 4. Recommendation to adopt the Comprehensive Emergency Management Plan Pg. 3222 - for Collier County and its Municipalities. 3230 S. Recommendation to provide after - the -fact approval for a Federal Emergency Pg. 3231 - Management Agency Staffing for Adequate Fire and Emergency Response 3260 (SAFER) Grant application in the amount of $610,720 to hire four firefighters for the Isles of Capri Fire Rescue District. 6. Recommendation to ratify Property, Casualty, Workers' Compensation and Pg. 3261 - Subrogation Claims settled and /or closed by the Risk Management Director 3290 pursuant to Resolution # 2004 -15 for the third quarter of FY12. 7. Recommendation to recognize and appropriate the revenues for special facility Pg. 3291 - maintenance in the amount of $92,395.26 to the County Security and Facilities 3293 Maintenance cost centers and approve all necessary Fiscal Year 2011 -2012 budget amendments. 8. Recommendation to approve and authorize the Chairman to sign the Pg. 3294 - Assumption Agreement from ADT Security Services, Inc. to ADT, LLC as it 3312 relates to Invitation to Qualify (ITQ) #09 -5227 Services for Seniors. 9. Recommendation to approve the Memorandum of Understanding between Pg. 3313 - Collier County and Collier County Housing Authority, Farm Worker Village in 3318 support of Emergency Management activities related to natural and manmade hazards emergency response. 10. Recommendation to provide after- the -fact approval of a Federal Emergency Pg. 3319 - Management Agency's Staffing for Adequate Fire and Emergency Response 3346 (SAFER) Grant Application in the amount of $916,080 to hire six Firefighters for the Ochopee Fire Control District 11. Recommendation to accept reports and ratify staff- approved change orders Pg. 3347 - and changes to work orders. 3405 12. Recommendation to approve a purchase from the National Intergovernmental Pg. 3406 - Purchasing Alliance (IPA), Contract RFP 083052 in support of the Enhanced 3419 911 emergency information display system and associated minor equipment. The Board has previously approved this grant and equipment. 13. Recommendation to waive competition and approve the purchase of a Pg. 3420 - microwave video downlink system for the Collier County Sheriffs Office- 3437 Aviation Division from Department of Justice grant funds previously approved by the Board. COUNTY MANAGER OPERATIONS 1. Recommendation for Board ratification of Summary, Consent and Emergency Pg. 3438 - Agenda Items approved by the County Manager during the Board's scheduled 3678 recess. (In Absentia Meeting dated August 14, 2012) 2. Recommend approval of FY13 Tourism Agreements for Category B Grant Pg. 3679 - Agreements totaling $63,000 and Category C -2 Grant Agreements totaling 3748 $135,000 and waive the $25,000 funding limit guideline in the Category B grant application for FY13. 3. Recommendation to approve the award of ITB 12 -5893 for Tourism Pg. 3749 - International Representation Services for UK /Ireland to OMMAC, Ltd. and for 3799 Europe to Diamonde and corresponding tourism agreements at a combined total annual cost of $400,000 to include a revised termination notification period of 60 days. 4. Recommendation to approve a report covering a budget amendment impacting Pg. 3800 - reserves in an amount up to and including $5,000 and budget amendment 3802 moving funds. 5. Recommendation to authorize budget amendments appropriating Pg. 3803 - approximately $267,628,099.09 of unspent FY2012 grant and project budgets 3807 into Fiscal Year 2013. 6. Recommendation to adopt a resolution approving amendments (appropriating Pg. 3808 - grants, donations, contributions or insurance proceeds) to the Fiscal Yea*- 381_0 2011 -12 Adopted Budget. 7. Recommendation that the Board of County Commissioners awards Request for Pg. 3811 - Proposal (RFP) 12 -5903 for Grant Writing and Project Management Oversight 3825 Services to Guardian Community Resource Management, Inc., and authorize the Chairman to sign the county attorney approved agreement (anticipated annual spend: $25,000). 8. Recommendation to approve a contract Request for Proposal No. 12 -5895 Pg. 3826 - "Impact Fee Study and authorizes the chairman to sign the county attorney 3860 approved agreement with Tindale- Oliver and Associates, Inc. (Estimated contract value over four (4) years is $950,000). 9. Recommendation to approve an Assumption Agreement with Naples Pg. 3861 - Community Hospital, Inc. in order to continue participation in the Fee Payment 3872 Assistance Program, as originally approved for Anchor Health Centers, P.A.; and amending certain provisions within the original agreement, related to job and wage requirements, for consistency with the requirements of the Fee Payment Assistance Program. 10. Recommendation to approve an Amendment to the job Creation Investment Pg. 3873 - Program Agreement between Collier County and Animal Specialty Hospital of 3883 Florida..i.: due to a scrivener- s erro G. AIRPORT AUTHORITY 1. Recommendation to approve an after - the -fact acceptance of the attached Pg. 3884 - Federal Aviation Administration (FAA) grant offer for $713,565 for the design, 3907 permitting and bidding of Runway 9 -27 pavement restoration at the Immokalee Regional Airport, and associated budget amendments. 2. Recommendation to accept a Federal Aviation Administration (FAA) grant offer Pg. 3908 - for $635,625 for the design, permitting and bidding of Runway 17 -35 pavement 3931 restoration at the Marco Island Executive Airport, and approve associated budget amendments. H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation designating September 2012 as Childhood Cancer Awareness Pg. 3932 - Month in Collier County. To be accepted by Kids Cancer Connection via mail 3933 delivery. Sponsored by the Board of County Commissioners. 2. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 3934 - attendance at a function serving a Valid Public Purpose. Attended the Collier 3936 County 100 Club Summer Speaker Event on July 26, 2012. The sum of $15 to be paid from Commissioner Fiala's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding Pg. 3937 - attendance at a function serving a Valid Public Purpose. Attended the East 3939 Naples Civic Association Luncheon on July 19, 2012. The sum of $18 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Hiller requests Board approval for reimbursement regarding Pg. 3940 - attendance at a function serving a Valid Public Purpose. Commissioner will be 3951 attending the Florida Shore & Beach Preservation Association 56th Annual Conference, September 26 -28. The sum of $260 to be paid from Commissioner Hiller's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous correspondence to file with action as directed. Document(s) Pg. 3952 - have been routed to all Commissioners and are available for review in the BCC 3953 office until approval. 2. Advisory Board Minutes and Agendas to file with action as directed. Pg. 3954 - Document(s) have been routed to all Commissioners and are available for 3956 review in the BCC office until approval. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of July 07, 2012 Pg. 3957 - through July 13, 2012 and for submission into the official records of the Board. 3970 To obtain Board approval for disbursements for the period of )uly 14, 2012 Pg. 3971 - through July 20, 2012 and for submission into the official records of the Board. 3985 3. To obtain Board approval for disbursements for the period of July 21, 2012 Pg. 3986 - through July 27, 2012 and for submission into the official records of the Board. 4001 4. To obtain Board approval for disbursements for the period of July 28, 2012 Pg. 4002 - through August 03, 2012 and for submission into the offiicial records of the 4015 Board. 5. To obtain Board approval for disbursements for the period of August 04, 2012 Pg. 4016 - through August 10, 2012 and for submission into the official records of the 4030 Board. 6. To obtain Board approval for disbursements for the period of August 11, 2012 Pg. 4031 - through August 17, 2012 and for submission into the official records of the 4044 Board. 7. To obtain Board approval for disbursements for the period of August 18, 2012 Pg. 4045 - through August 24, 2012 and for submission into the official records of the 4058 Board. 8. To obtain Board approval for disbursements for the period of August 25, 2012 Pg. 4059 - through August 31, 2012 and for submission into the official records of the 4073 Board. 9. Recommendation to authorize the Collier County Supervisor of Elections tc Pg. 4074 - accept federal election activities funds with a 15% matching contribution and 4092 that the Board direct its Chairman to sign the Certificate Regarding Matching Funds. 10. Recommendation to approve a budget amendment recognizing carry forward Pg. 4093 - earned from previous year's interest and current interest earned in Supervisor 4095 of Elections grant fund 44047. K. COUNTY ATTORNEY Recommendation to approve an Agreed Order awarding expert fees in Pg. 4096 - connection with the acquisition of Parcels 122 and 123 in the lawsuit styled 4100 Collier County v. William Pilger, et al., Case No. 06- 1125 -CA, County Barn Road Widening, Project No. 60101 (Fiscal Impact $11,250) 2. Recommendation to approve a Mediated Settlement Agreement with owner, AL Pg. 4101 - Subs, Inc. and tenant, 951 Petroleum Corporation, and a Stipulated Final 4113 Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement awarding full compensation, business damages, statutory interest, attorney fees and expert fees and costs in the amount of $320,000 for Parcels 109FEE, 109TCE and 109FEE2, 109TCE2 in the lawsuit styled Collier County v. A. L. Subs, Inc., et al., Case No. 10- 3562 -CA (Colhe� bouievarc Pro!ec: #00042. (Ffsca. impact: $294,440,.. 3. Recommendation to approve a Mediated Settlement Agreement with Pg. 4114 - Respondent, Colombo Enterprises of Naples, Inc., and a Stipulated Final 4121 Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the Amount of $525,000 for Parcels 131A, 131B and 133 in the Lawsuits Styled Collier County v. First National Bank of Naples, et al., Case No. 04- 3587 -CA, and Collier County v. Stonebridge Country Club Community Association, Inc., et al., Case No. 04- 3588 -CA, which have been consolidated into one lawsuit, in the Immokalee Road Project #66042 (Fiscal Impact: $346,970). 4. Recommendation to approve a settlement agreement prior to trial in the Pg. 4122 - lawsuit entitled Board of County Commissioners, Collier County, Florida, v. Paul 4128 R. Pransky, filed in the Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 10-3654-CC to settle a property damage claim for the sum of $3,500 and authorize the Chairman to execute the Release. 5. Recommendation to approve and authorize the Chairman to sign a mediated Pg. 4129 - Settlement Agreement prior to trial in the lawsuit entitled Jorge Magana, et al., 4139 v. and Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11- 2441 -CA) for the sum of $7,500. 6. Recommendation to approve and authorize the Chairman to execute a Pg. 4140 - mediated Settlement Agreement prior to trial in the lawsuit entitled Benjamin 4147 Groenewald v. Mary J. Wehrly, Jack Wehrly, and Collier County, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11- 01366- - CA) for the sum of $15,000. 7. Recommendation to approve a Settlement Agreement prior to trial in the Pg. 4148 - lawsuit entitled Board of County Commissioners, Collier County, Florida, v. 4151 Anderson Columbia Company, Inc., and AJAX Paving Industries, Inc., d /b /a AJAX Paving Industries of Florida, LLC, all d /b /a ACCI /API joint Venture, filed in the Twentieth Judicial Circuit in and for Collier County, Florida (Case No. 11-2087 - CA) to settle for the sum of $30,000 and authorize the Chairman to execute the Settlement Agreement and Release. `V 111>v13F1IWA T"401J1 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. A. Recommendation to adopt resolutions approving the preliminary assessment rolls as Pg. 4152 - the final assessment rolls, and adopting same as the non -ad valorem assessment rolls 4166 for purposes of utilizing the uniform method of collection pursuant to Section 18. ^.S6 -J:-.. " for (Gz :iza uie-- to'.. JCl ii. Vv'as'�:.. N.umclpa. Service L,ellell �1nl,S, Servl-�. District Number i and Service District Number 11, Speciai Assessment levied agains certain residential properties within the unincorporated area of Collier County, the City of Marco Island, and the City of Everglades City, pursuant to Collier County Ordinance 2005 -54, as amended. Revenues are anticipated to be $19,028,100. For FY2013, the total special assessment proposed for Solid Waste Municipal Service Benefit Units, Service District I is $173.49 and Service District II is $165.28 per residential unit. These assessment amounts are the same as those approved by the Board of County Commissioners in FY2012. B. Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as Sec. 98 -1 (Expenditures for lighting) in the Code of Laws and Ordinances of Collier County. C. Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as Sec. 46 -5 (Fee for alimony payments and collection) in the Code of Laws and Ordinances of Collier County. Pg. 4167- 4172 Pg. 4173- 4179 D. Recommendation to adopt an ordinance repealing an unnumbered ordinance Pg. 4180 - codified as Sec. 78 -28 (Sale of canned goods) in the Code of Laws and Ordinances of 4186 Collier County. E. Recommendation to adopt an Ordinance repealing an unnumbered ordinance Pg. 4187 - codified as Sec. 2 -1 (Purchases from state division of corrections) in the Code of Laws 4194 and Ordinances of Collier County, F. Recommendation to adopt an Ordinance repealing an unnumbered ordinance codified as Sec. 2 -26 (_Franchises generally) in the Code of Laws and Ordinances of Collier County. G. 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. CU- PL20110001157: Ichthyo Park Conditional Use, A Resolution of the Board of Zoning Appeals of Collier County, Florida providing for the establishment of a Conditional Use to allow an educational aquarium within an Agricultural (A) Zoning District pursuant to Subsection 2.03.01.A.1.c.3 of the Collier County Land Development Code for property located in Section 23, Township 50 South, Range 26 East, Collier County, Florida. ADJOURN Inquiries concerning changes to the Board's Agenda should be made to the County Manager's Office at 252-8383. Pg. 4195- 4202 Pg. 4203- 4254