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Recap 06/12/2012 RCOLLIER COUNTY Board of County Commissioners Community Redevelopment Agency Board (CRAB) Airport Authority AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples FL 34112 June 12, 2012 9:00 AM Fred W. Coyle - BCC Chairman; Commissioner, District 4 Jim Coletta - BCC Vice - Chairman; Commissioner, District 5; CRAB Vice -Chair 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 -249 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. June 12, 2012 Page 1 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 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Tom Gillespie - St. Ann Catholic Church Invocation given 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.) Approved and /or Adopted with changes — 510 B. May 8, 2012 - BCC/Regular Meeting Approved as presented — 510 June 12, 2012 Page 2 C. May 22 - 23, 2012 - BCC/Regular Meeting Approved as presented — 510 3. SERVICE AWARDS A. ADVISORY BOARD MEMBERS 1) 5 Year Attendees a) Ms. Christine R. Sutherland, Floodplain Management Committee Not Present b) Mr. Michael V. McElroy, Golden Gate Beautification Advisory Committee Not Present c) Mr. Tom Briscoe, Haldeman Creek Maintenance Dredging Advisory Committee Not Present d) Mr. Roy A. Wilson Haldeman Creek Maintenance Dredging Advisory Committee Not Present e) Mr. Larry J. Patton, Haldeman Creek Maintenance Dredging Advisory Committee Not Present 2) 10 Year Attendees a) Mr. Stephen J. Hruby, Affordable Housing Advisory Committee Present b) Mr. Randy Anderson, Board of Building Adjustments and Appeals Not Present June 12, 2012 Page 3 3) c) Mr. Michael Boyd, Contractor's Licensing Board Not Present d) Ms. Susan M. Becker, Tourist Development Council Present e) Mr. Joe Swaja, County Government Productivity Committee Presented f) Mr. Gerald J. Lefebvre, Collier County Code Enforcement Board Presented g) Mr. Charles H. Gunther, Bayshore /Gateway Triangle Local Redevelopment Advisory Board Presented 15 Year Attendees a) Ms. Doris J. Lewis, Library Advisory Board Presented 4. PROCLAMATIONS (One Motion Taken to Adopt All Proclamations) A. Proclamation recognizing the 50th Anniversary of Edison State College serving the Southwest Florida community and designating July 24, 2012 as Edison State College Day. To be accepted by Dr. Robert Jones, Collier Campus President and Chris Vernon, Edison State College Trustee. Sponsored by Commissioner Coyle. Adopted — 510 B. Proclamation designating June 16, 2012 as Mother Annie Mae Perry Day in Collier County. To be accepted by Vaughn Young, President, Mother Perry Youth Empowerment Project and Frank Cummings, Vice President, Mother Perry Empowerment Project. Sponsored by the Board of County Commissioners. Adopted — 510 June 12, 2012 Page 4 C. Proclamation recognizing Lennar Homes for its contributions to the installation of a new traffic signal at the intersection of Southwest Boulevard and US 41 East. To be accepted by Russell Smith, Vice President of Land Development, Lennar Homes. Sponsored by Commissioner Fiala. Adopted — 510 D. Proclamation designating June 16 -21, 2012 as Youth Leadership Collier Week in Collier County. To be accepted by Youth Leadership Collier Class of 2012; Erin Morton, Vice President, Leadership Collier Foundation; Patrick Philbin, Tiffany Lehman, Mike Giusto and Jennifer Tears, Volunteers, Greater Naples Chamber of Commerce. Sponsored by Commissioner Coyle. Adopted — 510 5. PRESENTATIONS A. Presentation of the Collier County Business of the Month for June 2012 to Hodges University. To be accepted by Dr. Terry McMahan, President; Dr. Aysegul Timur, MBA Program Chair; Dr. Gerald Franz, Assistant Director, Library; Dr. Nancey Wyant, Dean, Johnson School of Business; Anke Stugk, Adjunct Professor; and Davor Pranjic, Teaching Assistant. Presented B. Presentation by Kate Donofrio of Florida Power and Light (FPL), of an Energy Saving Incentive Rebate check to the Collier County Board of County Commissioners under the FPL Business Heating, Ventilation, and Air - Conditioning Program for the Building "K" Chiller Replacement and Ice Storage Expansion Project in the amount of $256,320. Presented C. Presentation by Liesa Priddy, Commissioner for the Florida Fish and Wildlife Conservation Commission, presenting "First Florida Turkey" certificates to youths who harvested their first Florida turkey in Collier County. Presented D. Recommendation to recognize Marcia Kendall, Senior Planner, Land Development Services, as the Employee of the Month for May 2012. Presented June 12, 2012 Page 5 6. PUBLIC PETITIONS A. Public Petition request from Vincent Raymer regarding the Neighborhood Stabilization Program. Motion to bring back at the June 26, 2012 BCC Meeting — Approved 510 7. PUBLIC COMMENTS ON GENERAL TOPICS A. Bob Krasowski — Beach Renourishment Plans include Marco Island and Naples Beaches Item 8 and 9 to be heard no sooner than 1:00 om unless otherwise noted. 8. BOARD OF ZONING APPEALS 9. ADVERTISED PUBLIC HEARINGS A. This item requires that ex parte disclosure be provided by Commission members. Recommendation to consider PUDZ -PL- 2010 -592, the Cultural Arts Village at Bayshore MPUD, an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida, by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Convenience Zoning District (C- 2- BMUD -NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the General Commercial Zoning District (C- 4- BMUD -NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Mobile Home Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the project to be known as the Cultural Arts Village at Bayshore MPUD, to allow construction of a maximum of 40 residential dwelling units and up to 48,575 square feet of commercial land uses, up to 84,000 square feet of parking garage and a 350 seat theatre in Section 14, Township 50 South, Range 25 East, Collier County, Florida consisting of 17.89 + /- acres; and providing an effective date. Ordinance 2012 -21— Adopted 510 June 12, 2012 Page 6 B. This item continued from the May 8, 2012 BCC Meeting and it was requested by the Petitioner to be further continued to the June 12, 2012 BCC Meeting. This item requires that ex parte disclosure be provided by Commission members. Recommendation to consider RZ- PL20110001572: SSP Associates, Inc. -- An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004 -41, as amended, the Collier County Land Development Code, which established the comprehensive zoning regulations for the unincorporated area of Collier County, Florida by amending the appropriate zoning atlas map or maps by changing the zoning classification of the herein described real property from a C -3 zoning district to a C -5 zoning district for the project known as SSP Associates, Inc. Rezone located south of Tamiami Trail East in Section 32, Township 50 South, Range 26 East, Collier County, Florida, consisting of 1.75 +/- acres; and by providing an effective date. Motion to Deny — Approved 510; County Attorney to prepare Resolution of Denial 2012 -109 C. This item to be heard at 5:05 p.m. Recommendation to consider an Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance number 04 -41, as amended, The Collier County Land Development Code, which includes the comprehensive land regulation 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 Two — Zoning Districts and Uses, including Section 2.01.03 Essential Services, to add aviation uses as a permitted use in the Conservation Zoning District on lands adjacent to the Marco Island Executive Airport; Section Four, Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date. First Hearing Discussion; Approved — 510 to continue to a second public hearing that will take place at the Board's June 26, 2012 Meeting 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Parks and Recreation Advisory Board. Resolution 2012 -105: Reappointing John P. Ribes — Adopted 510 June 12, 2012 Page 7 B. Appointment of a Marco Island City Representative to the Tourist Development Council, removal of Everglades City Councilman McBeth Collins from the Council, and acknowledgment that Everglades City has confirmed Mr. Robert A. Miller, who is currently a member to Council in the Interested Persons Category. Resolution 2012 -106: Appointing Gerard M. Gibson to represent the City of Marco Island and confirming Robert A. Miller representing Everglades City — Adopted 510 C. This item to be heard at 11:00 a.m. Recommendation to direct the Collier County Supervisor of Elections to place a straw ballot referendum on the August 14, 2012 ballot for the Primary Election concerning support for the Immokalee Area Master Plan and the Immokalee Area Master Plan Future Land Use Map, and continue the advertised June 18, 2012 adoption hearing to the regular Board of County Commissioners meeting September 11, 2012. (Commissioner Coletta) Resolution 2012 -108 — Adopted 4/1 (Commissioner Henning opposed) 11. COUNTY MANAGER'S REPORT A. Recommendation for the Board of County Commissioners (BCC) to review options and provide direction regarding the existing approved contract with American Traffic Solutions, Inc., (ATS) for the Traffic Infraction Detection (TID) program and approve any necessary budget amendments (Fiscal Impact: up to $171,000 in FY 2012). (Nick Casalanguida, Growth Management Administrator) Motion to approve staff recommendation #1— Approved 4/1 (Commissioner Hiller opposed) B. Recommendation to prepare an amendment to the Flood Damage Prevention Ordinance (FDPO) to address: (1) Federal Emergency Management Agency (FEMA)'s recent determination that the County's FDPO is not in compliance with the requirements of the National Flood Insurance Program (NFIP) and (2) recent amendment to the Florida Building Code; and to advertise for subsequent Board adoption. (Nick Casalanguida, Growth Management Administrator) Approved — 510 June 12, 2012 Page 8 C. Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $1,176,120 for the construction of sidewalks in Naples Manor and authorize the necessary budget amendment (Dan Hall, Project Manager Senior, Growth Management Division/Construction & Maintenance). Resolution 2012 -107 Adopted — 510 D. Recommendation to approve current policy on use of resident beach parking permits, adopt an annual pass option for non - residents at Sun -N -Fun Lagoon, and approve current policy on use of beach parking/garage. (Barry Williams, Parks and Recreation Director) Motion to maintain the current policy on resident beach parking permits — Approved 510; Motion to approve staffs recommendations regarding the use of beach parking /garage — Approved 510; Motion to bring back fee revisions and a policy regarding non - residents purchase of annual passes at Sun -N -Fun Lagoon — Approved 510 E. This item to be heard immediately followine Item #9C. This item requires that ex parte disclosure be provided by Commission members. Recommendation to consider ST- PL20120000900: Collier County Government Airport Authority - A Resolution approving Petition ST- PL20120000900 requesting a Special Treatment development permit to construct a parallel taxiway on the west side of an existing runway as well as an apron expansion within the Conservation- Special Treatment Overlay (CON -ST) for a project known as the Marco Island Executive Airport Expansion located in Section 26, Township 51 South, Range 26 East, Collier County, Florida. (Chris D'Arco, Land Development Services, Growth Management Division, Environmental Specialist) Resolution 2012 -111— Adopted 510 Moved from Item #16F8 (Per Agenda Change Sheet) F. Recommendation to authorize the County Manager to reorganize certain functions within the County Manager's Agency to align strategic goals, optimize resources, and combine expertise under a balanced organizational structure. Approved — 510 June 12, 2012 Page 9 Moved from Item #16A16 (Per Agenda Change Sheet) G. Recommendation to accept staff s progress report for locating a potential All Terrain Vehicle (ATV) site and that the Board adopt the proposed Resolution establishing the Collier County ATV Park Ad Hoc Committee, which Resolution also appoints the initial members to this Committee. Resolution 2012 -110 Adopted w /Stipulations — 510 Moved from Item #16A24 (Per Agenda Change Sheet) H. Recommendation to award Invitation to Bid (ITB) #12-5906: Five Year Cost Benefit Analysis of the Ave Maria SRA (Stewardship Receiving Area) to Munilytics for a cost of $15,560. Motion to reject staffs recommendation — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed); Motion to accept the FIAM Report as presented, finding the project "fiscally neutral" and directing staff to clarify the financial accounting process used for the next reporting period — Approved 3/2 (Commissioner Hiller and Commissioner Henning opposed) Moved from Item #16C4 (Per Agenda Change Sheet) I. Recommendation to accept the Water System Audit Progress Report and to approve adjustments to specific water /sewer accounts to correct previously billed water /sewer charges. Approved — 4/1 (Commissioner Hiller opposed) 12. COUNTY ATTORNEY'S REPORT Moved from Item #16K2 (Per Agenda Change Sheet) A. Recommendation to authorize an increase in the purchase order for Carlton Fields, P.A., in the case of Collier County v. John Reynolds & Sons, Inc., et al., Case No. 10- 6658 -CA (South Reverse Osmosis Raw Water Wellfield Pipeline Project No. 70030)(Fiscal Impact an additional $200,000). Approved — 510 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. AIRPORT June 12, 2012 Page 10 Moved from Item #16G1 (Per Agenda Change Sheet) 1) Recommendation that the Board of County Commissioners, acting in its official capacity as the Airport Authority, award Bid No. 12 -5822 USDA Immokalee Building Build Out in the amount of Two Hundred Ninety Six Thousand Ninety -Nine Dollars ($296,099) to One Source Construction Company & Builders, Inc., pending USDA approval. Approved — 4/1 (Commissioner Hiller opposed) Moved from Item #16G2 (Per Agenda Change Sheet) 2) Recommendation to approve the conveyance of an Easement to Lee County Electric Cooperative for providing electric service to the Turbo Services Inc. leased site at the Immokalee Regional Airport at 190 Airpark Boulevard, Immokalee at a cost not to exceed $27. Approved — 510 B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Board of County Commissioners acting as the Bayshore Gateway Triangle Community Redevelopment Agency reject the lone bid received from Fifth Third Bank under Invitation to Bid (ITB) #12 -5877 which was issued in an attempt to refinance and restructure the current Bayshore /Gateway Triangle CRA Series 2009 Term loan under more favorable financing terms and at the lowest overall financing cost. Approved — 510 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Ochs — Confirming the Board's approval of consent agenda Item #16F4 and announcing the two public meetings and one public hearing that will be held July 11th and July 12th, 2012 with the Florida Department of Ag & Consumer Services, Florida's Forest Service and the Okaloacoochee Slough State Forest Management Plan Advisory Group in attendance to take public comments on the management of the Okaloacoochee Slough State Forest B. Commissioner Hiller — Votes that were taken during today's meeting June 12, 2012 Page 11 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. Approved and /or Adopted with changes — 510 A. GROWTH MANAGEMENT DIVISION 1) Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry Maintenance Facility 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. On -site water and sewer utilities maintained by the owner 2) Recommendation to approve final acceptance of the water and sewer utility facilities for The Quarry, Phase 1 A 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. Located in Section 23, Township 48 South, Range 26 East 3) Recommendation to approve final acceptance of the water utility facility for The Quarry Beach Club 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. With the infrastructure connected beyond the master meter owned and maintained by the owner 4) Recommendation to approve an amendment to an easement agreement for the purchase of a drainage easement (Parcel No. 173DE) which is required for the Naples Manor US -41 Ditch portion of the Lely Area Stormwater Improvement Project (No. 51101). Amendment extending the closing deadline through July 12, 2012 5) 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 authorize June 12, 2012 Page 12 the Clerk of Courts to release Performance Bond No. 08821642 which was posted as a development guaranty for work associated with the Shops at Eagle Creek. 6) 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 Lipari- Ponziane, Tract GC -4 Replat. This plat is a re- subdivision of lands within Treviso Bay /Wentworth Estates PUD. Located in Section 32, Township 50 South, Range 26 East 7) Recommendation to grant final approval of the public roadway and drainage improvements for the final plat of Horse Creek Estates with the roadway and drainage improvements being privately maintained and authorize . release of the maintenance security and acceptance of the plat dedications. Resolution 2012 -94 8) 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 an extension for completion of subdivision improvements associated with the Audubon Country Club, Unit Three subdivision pursuant to Section 10.02.05 B.11 of the Collier County Land Development Code. In April 2012 Land Development Services Department granted preliminary acceptance of required improvements; the developer is asking for the extension February 3, 2011 to February 3, 2014 9) Recommendation to approve final acceptance of the water utility facility for Naples Mazda, 6381 Airport Road North, and authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or Developer's designated agent. With the infrastructure connected beyond the master meter owned and maintained by the owner 10) Recommendation to approve final acceptance of the water and sewer utility facilities for Northside Medical Plaza, 1985 Veterans Park Drive, and to authorize the County Manager, or his designee, to June 12, 2012 Page 13 release any Utilities Performance Security to the Project Engineer or the Developer's designated agent. Located in Section 23, Township 48 South, Range 26 East and with on -site water and sewer utilities maintained by the owner 11) Recommendation to grant final approval of the private roadway and drainage improvements for the final plat of Veronawalk Phase 4A with the roadway and drainage improvements being privately maintained and authorizing the release of the maintenance security and acceptance of the plat dedications. Resolution 2012 -95 12) 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 acknowledge a Statutory Deed between Collier County and Citygate Development, LLC. as recorded in Official Record Book (OR) 3985, Pages 3420 through 3422, and to authorize the Clerk of Courts to make notation on the original plat of the recording of the deed. Resolution 2012 -96 13) Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County will be reimbursed up to $448,800 for the construction of sidewalks on White Boulevard and to authorize the necessary budget amendment. Resolution 2012 -97 14) Recommendation to approve the release of a $13,113.07 lien for payment of $1,563.07, in the Code Enforcement Action entitled Board of County Commissioners vs. Philip R. Bradley IV and Nancy F. Bradley, Code Enforcement Board Case CEPM20100010050, relating to property located at 4945 Barcelona Circle, Collier County, Florida. Waiving the $11,550 in Code Enforcement fines 15) Recommendation to approve the release of two liens with a combined value of $44,804.67 for payment of $7,604.67, in the Code Enforcement Action entitled Board of County Commissioners vs. Adriana and Jose Arizmendi, Code Enforcement Special Magistrate June 12, 2012 Page 14 Case Numbers CEAU20110000019 and CEPM20110000018, relating to property located at 1991 48th Street SW, Collier County, Florida. Waiving the $37,200 in Code Enforcement fines Moved to Item #11G (Per Agenda Change Sheet) 16) Recommendation to accept staff s progress report for locating a potential All Terrain Vehicle (ATV) site and that the Board adopt the proposed Resolution establishing the Collier County ATV Park Ad Hoc Committee, which Resolution also appoints the initial members to this Committee. 17) Recommendation to approve and execute the FY2012/13 Transportation Disadvantaged Trust Fund Trip/Equipment Grant Agreement with the Florida Commission for the Transportation Disadvantaged (CTD) in the amount of $679,971 with a local match of $75,538 and authorize the Chairman to sign the Agreement and required budget amendments. Resolution 2012 -98 18) Recommendation to approve the selection and hiring of Wilcox Appraisal Services (Alan Wilcox MAI, SRA), without competitive bid, for the appraisal of two complex right -of -way parcels on the US- 41/SR-CR951 Intersection Improvement Project. (Project No. 60116. Fiscal Impact: Not to Exceed $26,725). (Project No. 60116) For appraisals on Parcels 108FEE,108TCE, 116FEE,1116TCE1, 116TCE2 and 116TCE3 19) Recommendation to approve and execute a Local Agency Program Agreement with Florida Department of Transportation in which Collier County would be reimbursed up to $245,520 for construction of sidewalk on Golden Gate Parkway from Sunshine Boulevard to Collier Boulevard and to authorize the necessary budget amendment. Resolution 2012 -99 20) Recommendation to approve and execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $138,629 for sidewalks on Bayside Street, Calusa Avenue and Caledonia Avenue. Resolution 2012 -100 June 12, 2012 Page 15 21) Recommendation to approve and execute a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) in which Collier County would be reimbursed up to $600,000 for a signal communications fiber optic network extension on portions of Golden Gate Parkway, Immokalee Road and Collier Boulevard, respectively, and to authorize the necessary budget amendment. Resolution 2012 -101 22) Recommendation to approve the Collier Metropolitan Planning Organization's (MPO) Operating Budget for FY 2012/13, and budget amendments to recognize grant revenues in the amount of $928,057 and $5,000 in local funding. The Unified Planning Work Program was adopted by the MPO Board on May 11, 2012 for FY 2012/13 — 2013/14 23) Recommendation to authorize a counteroffer of $2,500 to the business damage claim made by Floridan Foods, LLC, for Parcels 157DE and 157TCE in the lawsuit styled Collier County v. L & R Ram, LLC, et al., Case No. 12 -CA -1828 (U.S. 41 Ditch/LASIP Project No. 51101) (Fiscal Impact $2,500). In the counter offer the County has agreed to minimize occupancy of the temporary easement to the time necessary to complete the pipe installation and driveway restoration Moved to Item #11H (Per Agenda Change Sheet) 24) Recommendation to award Invitation to Bid (ITB) #12-5906: Five Year Cost Benefit Analysis of the Ave Maria SRA (Stewardship Receiving Area) to Munilytics for a cost of $15,560. 25) Recommendation to approve the Workforce Investment Act Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. Allows a 5 -year extension through June 30, 2016 for participating counties including Charlotte, Collier, Glades, Hendry and Lee 26) Recommendation that the Board authorize the Chairman, as a member of the Southwest Florida Job Training Consortium, to approve the Southwest Florida Workforce Development Board, Inc., proposed FY 2012/2013 budget as provided for in the Workforce Investment Act June 12, 2012 Page 16 Second Amended and Restated Interlocal Agreement for the Southwest Florida Job Training Consortium. As detailed in the Executive Summary 27) Recommendation to adopt a Resolution authorizing a speed limit increase from forty -five miles per hour (45 mph) to fifty miles per hour (50 mph) on Oil Well Road from one -half mile west of Oil Well Grade Road to one -half mile east of Ave Maria Boulevard, County Project No. 60044, approve reducing the roadway from six -lane striped section to a four -lane striped section. Resolution 2012 -102 B. COMMUNITY REDEVELOPMENT AGENCY C. PUBLIC UTILITIES DIVISION 1) Recommendation to accept a Utility Easement from Audubon Country Club Foundation, Inc., a Florida non - profit corporation, to the Collier County Water -Sewer District for installation of a monitoring well and for access on, over and across a parcel adjacent to Audubon Drive at an estimated cost not to exceed $100. (Project Number 7440 1) Folio #22495501008 2) Recommendation to award Bid # 12 -5828, "Additional RML Pumps at South County Water Reclamation Facility," to Mitchell and Stark Construction Company in the amount $816,599, Project #70089 South County Water Reclamation Facility Compliance Assurance Project. To provide and install pumps, pipes, valves, variable frequency drives, and flow meters at treatment basins at the SCWRF 3) Recommendation to award Request for Proposal #12-5839 Loan/Grant Acquisition and Compliance Services to Angie Brewer & Associates in an estimated annual amount not to exceed $300,000 This contract provides future sources of funding if the need arises Moved to Item #11I (Per Agenda Change Sheet) 4) Recommendation to accept a Water System Audit Progress Report and approve adjustments to specific water /sewer accounts to correct June 12, 2012 Page 17 previously billed water /sewer charges. 5) Recommendation to authorize a budget amendment of $615,000 to move funds from Project No. 70087, Vanderbilt Drive Water Main Rehabilitation, to Project No. 71055, Water SCADA Improvements. Supporting sustainable and reliable potable water production and distribution to the system D. PUBLIC SERVICES DIVISION 1) Recommendation to approve a time extension amendment to the sub recipient agreement with Immokalee Non - Profit Housing, Inc. d/b /a Immokalee Housing and Family Services (IHFS) to provide for sufficient time to complete the project, with no change in funding level and to allow for minor administrative changes. Amendment will expire on September 13, 2012 2) Recommendation to approve Amendment #2 to a 2009 Homelessness Prevention and Rapid Re- Housing subrecipient grant agreement with Legal Aid of Collier County, a Division of Legal Aid of Broward County in the amount of $33,200, to expend the remaining funds. For HPRP short term direct rental and utility assistance 3) Recommendation to accept a donation from the Collier County 4 -H Association and approve a University Extension Trust Fund budget amendment in the amount of $9,286.28 recognizing revenue and appropriating expenditures for 4 -H Outreach Programs managed by Collier County's University of Florida/IFAS Extension Department. Used to provide knowledge in agriculture, human and natural resources and life sciences and enhance quality of life by making the information accessible 4) Recommendation to approve budget amendments totaling $9,748.47 to recognize revenue from collection of co- payments and contributions from Housing, Human and Veteran Services, Services for Seniors program. For elderly county residents to help them maintain independence using funds for additional services, meals and case management June 12, 2012 Page 18 5) Recommendation to approve the Amended Declaration of Restrictive Covenants between Florida Communities Trust and Collier County on County -owned property. Property currently leased by the Naples Zoo for the public's recreational use 6) Recommendation to approve a budget amendment in the amount of $19,756 and recognize revenue generated from case management and case aid from the Medicaid Waiver program. For senior residents in the county to help them maintain independence and avoid premature nursing home placement using the funds for additional services and case management 7) Recommendation to approve a budget amendment in the amount of $77,889 for continuation of services of the Retired Senior Volunteer Program from the Corporation for National and Community Service. For the period July 1, 2012 thru June 30, 2015 8) Recommendation to approve an improvement to the land leased to the Naples Zoo by the Collier County Board of Commissioners that will provide an access road, water, electric, and sewer to the northern section of the property to support current Zoo operations. For infrastructure on the north end of Naples Zoo property 9) Recommendation to approve and authorize the Chairman to execute Agreement No. 12CO1 for funding with Florida Department of Environmental Protection Bureau of Beaches & Coastal Systems Beach Management Funding Assistance program for Collier County Monitoring. The agreement will expire December 31, 2015 10) Recommendation to approve a homeowner insurance check endorsement policy for all borrowers assisted with purchase assistance and/or rehabilitation housing program funds and authorizes Board Chairman or Vice Chairman, in his absence to endorse two homeowner insurance claim checks. For a house at 2505 41st Avenue NE, Naples June 12, 2012 Page 19 E. ADMINISTRATIVE SERVICES DIVISION 1) Recommendation to approve a contract with Ecological Consulting Solutions Inc., to receive up to 28 gopher tortoises relocated from the Gordon River Greenway Park Project Site to the NW Hackletrap Long Term Protected Gopher Tortoise Recipient site in Hendry County for the estimated amount of $22,400 and to approve the payment of a $7,100 mitigation contribution to the Florida Fish and Wildlife Conservation Commission (FWC). As detailed in the Executive Summary 2) Recommendation to approve Amendment #I to Agreement # 10 -5491 for Fiber Optic Installation, Maintenance and Repairs modifying Exhibit "A," Scope of Services, Item [i] ( "Materials Not on Bid "), and approve retroactive payments on pending invoices. The clause was inadvertently copied from another public agency's specification and contract 3) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. For the period April 11, 2012 through May 23, 2012 4) Recommendation to approve a First Amendment to License Agreement between the Board of County Commissioners of Collier County, as the Governing Body of Collier County and as Ex- Officio the Governing Board of the Collier County Water and Sewer District and Gulf Coast Citrus Caretaking, Inc. Reducing 216 acres leased to Gulf Coast Citrus Caretaking, Inc. designating 4 -acres to Parks and Rec Department and 14 -acres to the Solid Waste Department for the Big Corkscrew Island Regional Park and the Northeast Recycling Center F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the Memorandum of Understanding between Collier County and United Way of Collier County in support of Emergency Management activities related to natural and manmade hazards emergency response. Coordinating relief efforts at the time of a disaster June 12, 2012 Page 20 2) Recommendation to approve the Memorandum of Understanding between Collier County and Greater Marco Family YMCA, Inc. in support of Emergency Management activities related to natural and manmade hazards emergency response. To distribute food, water, supplies and other items for temporary relief activities during times of disaster 3) Recommendation to approve and authorize the Chairman to sign an Agreement between Collier County and Florida Division of Emergency Management accepting a Grant award for $105,806 for Emergency Management Program Enhancement and approve the associated budget amendment. To enhance existing programs, purchase equipment, services or hire additional personnel 4) Announcement in accordance with Florida Statute 259.032(10)(b), of two public meetings and one public hearing, to be conducted by the Florida Department of Agriculture and Consumer Services, Florida Forest Service and the Okaloacoochee Slough State Forest Management Plan Advisory Group. The meetings are to take public comment on the management of Okaloacoochee Slough State Forest. The two public meetings are July 11th and July 12th and the public hearing will be July 11th at 6:30 p.m. at the Dallas B. Townsend Agricultural Center, 1085 Pratt Blvd., Labelle, FL 5) Recommendation to authorize the on -line auction with Public Surplus of a 1997 brush truck and return the sales revenue to the Isles of Capri Fire District MSTU fund. To dispose of a brush truck with a minimum opening bid that is not allowed at the annual auction 6) Recommendation to approve and authorize the Chairman to sign an Agreement accepting the annual Emergency Management Preparedness and Assistance Grant (EMPG), in the amount $96,848 for emergency management planning, response, and mitigation efforts and to authorize the necessary budget amendment. With the agreement period July 1, 2012 through June 30, 2013 June 12, 2012 Page 21 7) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2011 -12 Adopted Budget. Resolution 2012 -103 Moved to Item #11F (Per Agenda Change Sheet) 8) Recommendation to authorize the County Manager to reorganize certain functions within the County Manager's Agency to align strategic goals, optimize resources, and combine expertise under a balanced organizational structure. G. AIRPORT AUTHORITY Moved to Item #14A1 (Per Agenda Change Sheet) 1) Recommendation that the Board of County Commissioners, acting in its official capacity as the Airport Authority, award Bid No. 12 -5822 USDA Immokalee Building Build Out in the amount of Two Hundred Ninety Six Thousand Ninety -Nine Dollars ($296,099) to One Source Construction Company & Builders, Inc., pending USDA approval. Moved to Item #14A2 (Per Agenda Change Sheet) 2) Recommendation to approve conveyance of an Easement to Lee County Electric Cooperative for providing electric service to the Turbo Services Inc. leased site at the Immokalee Regional Airport at 190 Airpark Boulevard, Immokalee at a cost not to exceed $27. H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding a function serving a Valid Public Purpose. She attended the Naples Press Club Luncheon on April 26, 2012. $20 paid from Commissioner Fiala's travel budget. Held at the Hilton Hotel, Naples 2) 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 May 17, 2012. $18 paid from Commissioner Fiala's travel budget. June 12, 2012 Page 22 Held at the Hamilton Harbor Yacht Club, Naples I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of May 5, 2012 through May 11, 2012 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of May 12, 2012 through May 18, 2012 and for submission into the official records of the Board. 3) To obtain Board approval for disbursements for the period of May 19, 2012 through May 25, 2012 and for submission into the official records of the Board. 4) To present to the Board of County Commissioners the 2012 - 2013 State Revenue Sharing Application for approval by the Board, and to obtain the Chairman's signature on the application. Deadline for the application is June 30, 2012 K. COUNTY ATTORNEY 1) Recommendation to approve a budget amendment recognizing carry forward from FYI for Legal Aid Society Fund (652) in the amount of $27,398.44. For the payment of filing fees for FY 2011 Moved to Item #12A (Per Agenda Change Sheet) 2) Recommendation to authorize increase in a purchase order for Carlton Fields, P.A. in the case Collier County v. John Reynolds & Sons Inc., et al., Case 10- 6658 -CA (South Reverse Osmosis Raw Water Wellfield Pipeline Project. (Fiscal Impact: additional $200,000) June 12, 2012 Page 23 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 ex parte disclosure be provided by Commission members. Should a hearine be held on this item, all participants are required to be sworn in. Recommendation to consider a Resolution of the Board of Zoning Appeals of Collier County, Florida relating to Petition Number ZLTR- PL2012- 0000661 approving martial arts instruction as a permitted use in the White Lake Industrial Corporate Park Planned Unit Development. The subject property is located in Section 35, Township 49 South, Range 26 East, Collier County, Florida. Resolution 2012 -104 B. Recommendation to adopt an Ordinance to repeal Ordinance Number 86 -78 as amended, which created the Citizens Advisory Committee for the Comprehensive Plan. Ordinance 2012 -19 C. Recommendation to adopt an Ordinance to repeal Ordinance Number 73 -17 relating to temporary permits. Ordinance 2012 -20 18. ADJOURN Commissioner Henning — Motion to adjourn INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. June 12, 2012 Page 24