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Agenda 05/11/2010 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) 0," 11,,,,_ ."'T>~ ~ ("')~ 'I ,,\ AGENDA May 11. 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Frank Halas, BCC Vice-Chairman Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Vice-Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman 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 COUNTY MANAGER PRIOR TO THE 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 PROCEEDINGS 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, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1 :00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Dwayne Varas - St. Paul's Episcopal Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. April 13, 2010 - BCC/Regular Meeting Minutes 3. SERVICE AWARDS; (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 1. 5 Years Richard Sims, Golden Gate Beautification Advisory Committee. David Larsen, Lely Golf Estates Beautification Committee. 2. 10 Years Kaydee Tuff, Golden Gate Community Center Advisory Board. LaVerne C. Franklin, Black Affairs Advisory Board. Dr. Joan Colfer, Health Facilities Authority. 4. PROCLAMATIONS A. Proclamation designating the week of May 16 through May 22,2010 as Collier County Emergency Medical Services Week. To be accepted by Dan Summers and Jeff Page. Sponsored by Commissioner Coletta. B. Proclamation designating May 10 through May 16, 2010 as Water Reuse Week. To be accepted by George Yilmaz, Wastewater Department Director, Danette Huff, Reuse Manager, Beth Johnssen, Wastewater Operations Manager, and Lisa Kohler from the Big Cypress BasinlSouth Florida Water Management District. Sponsored by Commissioner Fiala. C. Proclamation designating May 25, 2010 as National Missing Children's Day. To be accepted by former Sheriff Don Hunter. Sponsored by Commissioner Henning. D. Proclamation recognizing volunteers who assisted with the first Pepper Ranch Youth Hog Hunt and to encourage citizens to volunteer in our community. To be accepted by Melissa Hennig. Sponsored by Commissioner Coletta. E. Proclamation designating May 6 through May 10, 2010 as Salvation Army Week. To be accepted by Captains Alejandro and Nelinda Castillo. Sponsored by Commissioner Fiala. F. Proclamation designating May 22 through May 28,2010 as Safe Boating Week. To be accepted by Andy Ewa. Sponsored by Commissioner Fiala. 5. PRESENTATIONS A. Presentation by Bureau of Emergency Services Director Dan Summers regarding the Deepwater Horizon oil spill response. 6. PUBLIC PETITIONS A. Public Petition request by Mr. Abas A. Asli regarding office space. Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS 9. BOARD OF COUNTY COMMISSIONERS A. Recommendation to declare a vacancy on the Black Affairs Advisory Board. B. Appointment of member to the County Government Productivity Committee. C. Appointment of members to the Immokalee Enterprise Zone Development Agency. D. Objectives of the County Government Productivity Committee in collaborating with the School District in planning for FY 2011. (Commissioner Frank Halas, District 2 Commissioner and Steve Harrison, Chairman, Productivity Committee) E. Recommendation to approve an Employment Agreement appointing Ian Mitchell to serve as the Executive Manager to the Board of County Commissioners and to approve revisions to the County Manager Agency Policies and Procedures (CMA) number 5350 and 5351 relating to the Executive Manager and Executive Aides employment and authorize the Chairman to execute the Agreement and approve the CMA changes. 10. COUNTY MANAGER'S REPORT A. Recommendation to review potential changes to Resolution 2001-316 relating to settlement of Code Enforcement liens in accordance with direction provided by the Board of County Commissioners on April 13, 2010, and provide direction to the County Manager and the County Attorney as to any such changes that will be incorporated into amending and superseding the resolution, including criteria for the recommendation of settlement. (Diane Flagg, Code Enforcement Director) B. Recommendation to review and approve proposed language to be added to County Manager Agency Policy (CMA) 5311, Code of Ethics, regarding employees who serve on non-profit boards. (Amy Lyberg, Human Resources Director) C. This item to be heard at 10:00 a.m. Recommendation to approve the Doctors Pass and North Park Shore Emergency Beach Renourishment Resolution, make a finding that these beaches are critically eroded and TDC funds can be used for renourishment, authorize the expedited handling of a truck haul/inland sand source permit modification, waive the formal competitive thresholds in the Purchasing Policy and applicable statutes based on a valid public emergency to renourish these beaches, and authorize the expenditure of $1.5M Category A Tourist Development Funds and request authorization of any necessary budget amendments. (Gary McAlpin, Coastal Zone Management Director) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water utility facilities for North Naples Fire. Taylor Road Office. 2. Recommendation that the Board of County Commissioners receives and approves the Collier County Floodplain Management Plan 2009 Progress Report. B. TRANSPORTATION SERVICES 1. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $50,793.60. 2. Recommendation to award a construction contract to M&J Construction Company of Pinellas County Inc., for Bid No. 10.5454 Goodland Bridge (030184) Scour Remediation Project (CR 92 over Marco Channeij, in the ar'riouni of $851 ,455. Froject 66066. 3. Recommendation to award Bid #10-5406, Irrigation Parts and Related Items to Florida Irrigation Supply, Inc. for a countywide estimated annual amount of $60,000. 4. Recommendation to award RFQ# 10-5482 - Lely MSTU Irrigation Reuse Water Source Renovation to Hannula Landscape & Irrigation, Inc., in the amount of $59,992.20. 5. Recommendation to approve award of contract #10-5474 to Temple, Inc. for Traffic Control System Components in the amount of $122,794.50 (FDOT LAP Funded Project). 6. Recommendation to approve a Resolution authorizing the submission of the FY10/11 Transportation Disadvantaged Trust Fund Trip/Equipment Grant Application with the Florida Commission for the Transportation Disadvantaged (CTD) in the amount of $652,703 with a local match of $65,270. 7. Recommendation to approve a Work Order for a construction project to Better Roads, Inc. for the Immokalee Road (C.R. 846) Intersection Improvements at Everglades Boulevard in the amount of $415,980.91, Contract No. 09-5197, Project No. 66065. 8. Recommendation to approve a Work Order for a construction project to Bonness, Inc. for the J&C Boulevard Intersection Improvements at Airport-Pulling Road (C.R. 31) in the amount of $288,939.06, Contract No. 09-5197, Project No. 60182. 9. Recommendation to authorize a budget amendment reallocating existing funding for the purpose of conducting engineering studies and traffic analysis to support ongoing capital projects, operations and maintenance projects within the Transportation Supported Gas Tax Fund (313) in the amount of $150,500. 10. Recommendation to approve the purchase of 2.81 acres (Parcel 1272FEE) of improved real property which Is required for the construction of Phase 2 of the Vanderbilt Beach Road Extension Project between Wilson and DeSoto Boulevards. Project No. 60168 (Fiscal Impact: $157,610) C. PUBLIC UTILITIES 1. Ratify Change Order No.1 to a Work Order issued to Quality Enterprises USA, Inc., under Contract #08-5011 for Project #72549, Pump Station Improvements 112.06 and 130.00. D. PUBLIC SERVICES 1. Recommendation to accept public notice of intent to consider final disposition of Neighborhood Stabilization Program residential properties, consistent with the requirements of Collier County Ordinance No. 2009.63 and 125.35(3), Florida Statutes. 2. Recommendation to accept donated funds in the amount of $5,940 and approve a budget amendment recognizing revenue and appropriating funds in 001-156363 Beach and Water Operations for Conner Park. 3. Recommendation to approve and authorize the Chairman to sign an agreement between Collier County Parks and Recreation and the Early Learning Coalition of Southwest Florida for a Voluntary Pre-Kindergarten Education Program with anticipated reimbursements of $108,400 and to authorize the County Manager and/or his designee to sign in subsequent years. 4. Recommendation to provide after the fact approval for the submittal of the 2010 State of Florida Department of Children and Families (DCF) Homelessness Prevention and Rapid Re-Housing Program (HPRP) application to assist the homeless and at risk population in ColHsr County. 5. Recommendation to approve and authorize the Chairman to sign an amendment to the State of Florida, Department of Children and Families Challenge Grant. The amendment is necessary due to a change in the administration of Homeless Management Information System. E. ADMINISTRATIVE SERVICES 1. Recommendation to ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the second quarter of FY 10. 2. Recommendation to accept report and ratify staff-approved change orders and changes to work orders. 3. Recommendation to transfer $245,566 within Fund 181, Court Facilities Fees, from three completed and closed projects into two new, Court approved projects for improvements to the Courthouse. 4. Recommendation to approve and authorize the Chairman to sign the Assumption Agreement from Government Capital Corporation to Susquehanna Commercial Finance for the lease- purchase of one ambulance for EMS. 5. Recommendation to approve a Second Amendment to Lease Agreement with Abbas Ahrabi Asli for the continued use of office space occupied by the Property Appraisers Office for one additional month at a total cost of $54,471.75. F. COUNTY MANAGER 1. Recommendation to approve a lease purchase agreement with Zoll Medical Corporation for the replacement of twenty-eight (28) AutoPulses for Emergency Medical Services in the amount of $146,655.31. 2. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009.10 Adopted Budget. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Community Redevelopment Agency approve the Bayshore Gateway Triangle Local CRA Advisory Boards request to co-host a Bayshore Festival of the Arts event at Sugden Regional Park, approve up to $15,000 from the Bayshore Gateway Triangle Trust Fund (Fund 187) FY11 Marketing & Promotions budget to financially support event costs, and declare that the event serves a valid public purpose. 2. Recommendation to approve the sale and consumption of alcoholic beverages (beer and wine) during the CRA co-hosted event Bayshore Festival ofthe Arts on January 29-30, 2011 at Sugden Regional Park. 3. Recommendation to the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to authorize its Chairman to sign an Agreement between the Immokalee CRA and the Eastern Collier Chamber of Commerce. 4. Recommendation to approve a budget amendment for $190,800 to increase budgeted revenues and budgeted expenses for the sale and purchase of aviation fuel at Marco Island Executive Airport. 5. Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of revised Master Joint Participation Agreement 2010-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport. 6. Recommendation to approve the submittal of a grant application to the Federal Aviation Administration for construction of a taxiway at the Marco Island Executive Airport. 7. Recommendation to approve an amended plan and approach to recruit a replacement for the Executive Director Airport Authority. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on April 15, 2010 at the Hamilton Harbor Yacht Club in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. 2. Proclamation presented to Chris Neal by Commissioner Fiala for her tremendous contributions to our community. Sponsored by Commissioner Fiala. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of April 17, 2010 through April 23, 2010 and for submission into the official records of the Board. 2. To obtain approval for disbursements for the period of April 24, 2010 through April 30, 2010 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to release a code enforcement lien, for payment of $15,000, as approved by the Board on April 13, 2010, in the action entitled Board of County Commissioners vs. Richard Carter, Special Magistrate Case No. 2007-060653, relating to property known as 196 Briarcliff Lane, Collier County, Florida. 2. Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcel 121FEE in the lawsuit styled Collier County v. Pascal J. Murray. et. al., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $285,800). 3. Recommendation to approve a Stipulated Final Judgment in the amount of $850,000 for Parcels 122FEE and 123FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. al., Case No. 07- 4784-CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $227,600). 4. Request authorization allowing Collier County to remain a member of a class action civil lawsuit entitled, The County of Monroe, Florida v. Priceline.com, Inc. et ai, Case No. 09-10004-CIV. MoorelSimonton, now pending in the United States District Court for the Southern District of Florida, which seeks to recover unpaid Tourist Development Taxes on behalf of all Florida counties that have enacted a Tourist Development Tax under Section 125.0104, Florida Statutes. 5. Recommendation to approve a letter agreement with the FDIC, acting as Receiver for Florida Community Bank, to pay the Countys $200,613.87 in operational and demolition costs ofthe Bayshore Club, also known as the Arboretum Property, in exchange for waiver of in excess of $1,000,000 in fines and release of all code liens. 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. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. SNR-PL2010-129, Cardinal Management Group of Florida, Inc., represented by Stewart Carter, is requesting a Street Name Change from Xeric Lane to Cardinal Way. The location is Sabal Bay Commercial Plat Phase One, a portion of Tract R in Section 24, Township 50 South, Range 25 East, Collier County, Florida. B. This item requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition V AC-PL2010.264, Naples Mazda, to disclaim, renounce and vacate the Countys and the Publics interest in those easements originally recorded in Official Record Books, 1372, page 2332 through 2335, Book 1554, page 1369 & 1370, Book 1600, page 1317 & 1318 and Book 1644, pages 1945 through 1948 of the Public Records of Collier County, Florida, all situated in Section 11, Township 49 South, Range 25 East, Collier County, Florida, and being more specifically depicted on Exhibit A, and accept the replacement drainage easement depicted and described on Exhibit B. C. Recommendation to adopt an Ordinance amending Ordinance No. 98-1, as amended, to allow for the installation of swale enclosures on 111th Avenue North and along 8th Street North in Naples Park. D. Recommendation to adopt an ordinance which would establish a mechanism to create a dedicated source of revenue to fund an economic development program and to advance economic development initiatives in zones of geographic concentration within unincorporated Collier County. These zones, to be called Innovation Zones, will be designated by the Board from time to time through the implementation of Economic Development Plans adopted by Resolution for each Innovation Zone. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.