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Agenda 07/26/2011 Item #16A19Agenda Changes Board of County Commissioners Meeting July 26, 2011 Continue Item 16D6 to the September 13, 2011 BCC Meeting: Request that the Board of County Commissioners review and approve the County Attorney's recommendation to waive any potential ethics conflict for a Code Enforcement Board member based on Ch. 112, Florida Statutes. (Original request was from Commissioner Hiller to have this item moved to the Regular agenda; Staff requested item is continued due to fact the individual in question isn't able to attend this meeting.) Continue Item 16F1 to the September 13, 2011 BCC Meeting: Modification to Contract #11 -5704 for the Pelican Bay Community Crosswalks to Bateman Contracting, LLP. (Staffs request to further address the vendor's concerns regarding the scheduling of the crosswalk construction.) Continue Item 16173 to the September 13, 2011 BCC Meeting: Recommendation to approve and authorize the Chairman to sign Amendment #2 to the Friends of Rookery Bay, Inc. FY 11 Tourist Development Tax Grant Agreement to change the current funding source from Category C -2 to Tourism Promotion Fund 184 as a Category B marketing grant. (Staff and Commissioner Hiller's separate requests in response to grantee's request for continuance to resolve questions raised by the Clerk's Finance Department) Move Item 16D14 to Item 10H: Recommendation to approve the Collier County 5 -Year HUD Consolidated Plan for FY 2011 -2016; One Year HUD Action Plan FY 2011 -2012 and revised Citizen Participation Plan, and to sign the supporting resolution and certifications for submission to the United States Department of Housing and Urban Development (HUD). (Commissioner Hiller's request) Move Item 16131 to Item 10I: Recommendation to approve final submission of the Disaster Recovery Initiative 2008 Disaster Recovery Enhancement Funds (DREF) application to the Florida Department of Community Affairs for funding in the amount of $3,323,962. (Commissioner Hiller's request) Move Item 16A19 to Item 10J: Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. (Commissioner Hiller's request) Move Item 16C5 to Item 1OK: Recommendation to approve the Renewal and Amendment of the Agreement for Delivery and Reuse of Reclaimed Water between The Club Pelican Bay, Inc. and the Board of County Commissioners of Collier County, Florida, as the Ex- Officio Governing Board of the Collier County Water -Sewer District. (Commissioner Hiller's request) Move Item 16F5 to Item IOL: Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. (Staffs request) Companion Item to 10A Move Item 16B1 to Item 13B1: Recommendation to approve Local Advisory Board members and CRA staff attendance at Florida Redevelopment Association 2011 Annual Conference including payment of attendees' registration, lodging, travel and per diem expenses from the Bayshore Gateway Triangle Trust Fund (187) budget and declare the conference attendance and training received as a valid public purpose. (Estimated Fiscal Impact approximately $839 per person) (Commissioner Hiller's request) Move Item 17D to Item 8E: Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. (Staff s request) This item to be heard subsequent to Items 10A and IOJ. Note: Items 9G and 12A are companion items. (County Attorney's request) Item 16D7: Advisory Committee Recommendations as follows: The Tourist Development Council recommended approval of this item by a vote of 6 -1 on 7/21/2011 subject to verification by the Clerk that TDC funds can be used to fund this item. The Council also made a finding that this item supports tourism and serves a valid public purpose. (Staffs request) Item 161319: Bid Number should read #11 -5692; not #11 -5697 as shown on the agenda and the Executive Summary. (Staffs request) Time Certain Items: Item IOG to be heard at 9:45 a.m. Item 8C to be heard at 10:15 a.m. Item 8D to be heard immediately following Item 8C Item 8B to be heard at 11:00 a.m. Item 10C to be heard at 1:00 p.m. Item 8A to be heard at 2:00 p.m. 7/28/2011 11:32 AM 7/26/2011 Item 16.A.19. EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. OBJECTIVE: To create and fund a project for the specific purpose of establishing a public ATV park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. CONSIDERATIONS: On September 24, 2003, the Board approved a three -party agreement with the State and the South Florida Water Management District ( SFWMD). Among other things, the Agreement provided that in exchange for the vacation of the County's roadways in Southern Golden Gate Estates for Everglades restoration, SFWMD would convey, or cause to be conveyed, at no cost to the County, fee simple interest to 640 acres, more or less, of unimproved land to the County no later than October 1, 2005, suitable for recreational purposes, including ATV use, with the County having the right to reject if the proposed land was not acceptable. In that same meeting the Board by Resolution No. 2003 -336 vacated the road right -of -ways. Over the past eight years SFWMD did not comply with the terms of the agreement which set in motion a Board approved suit demanding settlement for damages resulting from the non compliance. On May 10, 2011, the Chainnan executed the Board approved settlement offer in the amount of $3,000,000 releasing SFWMD from the obligation to provide the ATV Park. Settlement funds were received shortly thereafter. On June 28, 2011, under communications, the Board directed the County Manger to bring back an agenda item for consideration which prioritized the settlement funding for the purpose of establishing a public ATV park. The direction included the creation of a specific project account, public involvement, a process to evaluate possibilities and further direction to come back to the Board for final approval before implementation. Staff will coordinate between Land Development Services, Parks & Recreation and Real Property to complete the following: • Conduct outreach in the form of public meetings and working meetings to establish criteria and points of contact within the ATV community; • This process would be ongoing and consist of advertised meetings and working meetings with interested parties; • Final recommendations would be presented at an advertised public meeting. • Solicit willing sellers of property that would meet the criteria and consider public lands; • Staff will consider purchases, leases and public private partnerships; • Staff will evaluate the existing inventory of public property including roadways and easements. Packet Page -1439- 7/26/2011 Item 16.A.19. • Consider all land alternatives and options; • Large individual tracts or aggregation of contiguous tracts; • Linear trails that could be associated with existing easements and roadways will be evaluated; • Collier County property will be prioritized but adjacent counties will be considered if it can be shown that it will satisfy the public's criteria. • A final report will be brought to the Board when this iterative process has reached a conclusion; • Alternatives will be presented; • Costs associated with acquisition, startup and total cost of ownership will be included. This process is anticipated to take approximately six to nine months. General fund and fee based staff time will be tracked. Fee based staff time will be charged back to the project and a limited amount of project dollars will need to be expended to complete independent work that will be required from outside consultants such as appraisals, environmental analysis, surveys and engineering reviews. FISCAL IMPACT: A budget amendment recognizing revenue received totaling $3,000,000 within fund (306) and establishing the appropriate funded program expense designation titled SFWMD settlement agreement is necessary. GROWTH MANAGEMENT PLAN (GMP) IMPACT: There is no GMP impact for this item. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally sufficient for Board action, and requires majority support for approval. - -.IAK RECOMMENDATION: That the Board directs the County Manager or designee to: 1. Execute the required budget amendment. 2. Prepare a report to the Board, using the process described above, that will provide alternatives, recommendations and a cost analysis required to establish a public ATV park. 3. Authorize the expenditure of up to $100,000 for fee based staff services, advertising costs, public meetings and consultant services directly related to the completion of the project. Prepared By: Nick Casalanguida, Deputy Administrator, Growth Management Division Packet Page -1440- COLLIER COUNTY Board of County Commissioners Item Number: 16.A.19. 7/26/2011 Item 16.A.19. Item Summary: Recommendation for the Board of County Commissioners (Board) to direct the County Manager or designee to create and fund a project via budget amendment within Parks and Recreation Capital Fund (306) for the specific purpose of establishing a public All Terrain Vehicle (ATV) park and to move forward with public involvement, concept evaluations, cost comparisons and then come back to the Board with alternatives and a final recommendation to implement the project. Meeting Date: 7/26/2011 Prepared By Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning 7/14/2011 1:52:34 PM Submitted by Title: Deputy Administrator - GMD,Business Management & Budget Office Name: CasalanguidaNick 7/14/2011 1:52:35 PM Approved By Name: PuigJudy Title: Operations Analyst, CDES Date: 7/14/2011 2:43:46 PM Name: MarcellaJeanne Title: Executive Secretary,Transportation Planning Date: 7/14/2011 3:38:06 PM Name: RamseyMarla Title: Administrator, Public Services Date: 7/14/2011 4:18:14 PM Packet Page -1441- 7/26/2011 Item 16.A.19. Name: BetancurNatali Title: Executive Secretary,Transportation Engineering & C Date: 7 /14/2011 4:36:33 PM Name: KlatzkowJeff Title: County Attorney, Date: 7/15/2011 3:55:48 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2011 2:49:48 PM Name: IsacksonMark Title: Director -Corp Financial and Mgmt Svs,CMO Date: 7/18/2011 3:16:37 PM Packet Page -1442-