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Backup Documents 03/09/2010 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 9, 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 Chairman Donna Fiala, BCC Commissioner, District 1; CRAB Vice-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." Page 1 March 9, 2010 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 VERBA TIM 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. Pastor John Boutchia - Gospel Baptist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and sununary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Motion to table Items #17C & #17D for 6 Months - Failed 2/3 (Commissioner Coyle, Commissioner Henning and Commissioner Coletta opposed); Motion approving Consent and Summary Agenda as amended - Failed 3/2 (Commissioner Fiala and Commissioner Halas opposed); Motion approving Consent Agenda and Items #17 A & #17B on Summary Agenda - Approved 5/0; Motion approving Items #17C & #17D on the Summary Agenda - Adopted 3/2 (Commissioner Halas and Commissioner Fiala opposed) Page 2 March 9,2010 B. February 9,2010 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 5 Year Attendees: 1) Ana Salazar, Inunokalee Enterprise Zone Development Agency Not Present 2) Tony Pires, Land Acquisition Advisory Committee Presented 4. PROCLAMATIONS (one motion taken adopting all proclamations) A. Proclamation designating March 14,2010 through March 20, 2010 as Save The Florida Panther Week. To be accepted by Tom Murray and Lisa Ostberg. Sponsored by Conunissioner Coletta. Adopted - 5/0 B. Proclamation designating March as Guardian Ad Litem Month. To be accepted by Frank Prado, Guardian Ad Litem Program Director and Lorrie Moore, Collier County Volunteer Supervisor/Team Leader. Sponsored by Commissioner Fiala. Adopted - 5/0 C. Proclamation designating March 14,2010 through March 20, 2010 as Sunshine Week in Collier County. To be accepted by Heather Grimshaw on behalf of the Collier County Board of County Conunissioners and Crystal Kinzel, Director of Finance and Accounting on behalf of Dwight E. Brock, Clerk of Courts. Sponsored by Commissioner Henning. Adopted - 5/0 D. Proclamation recognizing the Corkscrew Swamp Sanctuary and the Panther Island Mitigation Bank for being designated as a "RAMSAR Wetland of International Importance". To be accepted by a representative from the Audubon Society. Sponsored by Conunissioner Coletta. Adopted - 5/0 Page 3 March 9, 2010 E. Proclamation designating March 10,2010 as A Day of Heightened Awareness of Wildfire Danger in Collier County. To be accepted by Peter Gaddy, Mike Ramsay, Tim Nance, and Jim Flanagan. Sponsored by Commissioner Coletta. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Mark Martin, Senior Crew Leader, Road Maintenance Department as the Employee of the Month for February 2010. Presented B. This item to be heard at 11:00 a.m. Presentation by representatives of the Collier County Foreclosure Task Force concerning various legislative proposals introduced in the 20 I 0 Florida Legislative Session. Presented and Discussed 6. PUBLIC PETITIONS 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 A. The a!!:enda item was advertised for consideration bv the BCC on March 9, 2010. At the direction of the County Mana!!:er this item has been moved to the BCC A!!:enda for March 23, 2010. Recommendation to adopt amendments to the Capital Improvement Element of the Collier County Growth Management Plan. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. Resolution 2010-54: Appointing David Bishof as an alternate for a term expiring July 28, 2011 - Adopted 5/0 B. Appointment of member to the Contractors' Licensing Board. Page 4 March 9, 2010 Resolution 2010-55: Appointing Robert P. Meister III, representing the City of Naples (Specialty Contractor Category) to fulfill the remainder of a vacant term expiring February 28, 2012 - Adopted 5/0 C. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2010-56: Appointing John Arceri (representing Marco Island) to fulfill the remainder of a vacant term expiring May 22, 2012 Adopted - 5/0 D. Appointment of member to the County Government Productivity Conunittee. Motion to re-advertise - Approved 5/0 Withdrawn (Per Agenda Change Sheet) E. Discussion regarding space needed for upcoming Census count. (Commissioner Coletta request) Time Certain 1:30 p.m. (Per Agenda Change Sheet) F. Discussion regarding delineation of public and private property and access/use rights on and along County beaches. (Commissioner Halas req uest) Motion to direct Staff to take steps for the removal of cones/signs and drafting an ordinance with regards to not funding beach renourishment projects for properties that restrict beach access - Approved 5/0 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:15 a.m. Recommendation to approve the revised conceptual site plan for the Bayview Boat Park Expansion Project. (Gary McAlpin, Coastal Zone Management Director) Approved - 5/0 B. This item to be heard immediately folIowin!!: Item #10A. Recommendation to authorize the County Manager or his designee to execute Change Order #2 to Work Order No. 4500101030 to Johnson Engineering in the amount of $117,857 and permitting fees estimated at $13,000 to complete the engineering and permitting for the Bayview Park Expansion.(Gary McAlpin, Coastal Zone Management Director) Approved - 5/0 Page 5 March 9,2010 C. This item continued from the Februarv 23, 2010 BCC Meetin!!:. Reconunendation to award Request for Proposal (RFP) No. 09-5262 for Engineering Services for Collier County (estimated annual expenditures $11,365,000). (Steve Carnell, Purchasing Department Director) Motion to approve w/staff's recommendations and move process forward; County Attorney's Office to render opinion, guidance and report back regarding legalities - Approved 4/1 (Commissioner Henning opposed) D. Reconunendation to award a construction contract in the amount of $2,904,563 for the North County Regional Water Treatment Plant Finished Water Quality and Odor Control Compliance Project to Cardinal Contractors, Inc., Bid #10-5423, Project No.71002. (Steve Carnell, Purchasing Department Director) Motion to Award Bid to Mitchell & Stark - Approved 3/2 (Commissioner Halas & Commissioner Coletta opposed) E. Recommendation to accept the findings of the Safety Evaluation of Proposed Golf Cart Crossing at the Intersection of Airport-Pulling Road at Estuary Drive / Halstatt Drive and not authorize golf carts crossing Airport Road. (Norman Feder, Transportation Services Administrator) Motion to approve staff's recommendation to not allow crossing at that location - Approved 5/0 F. Reconunendation to adopt a position on proposed Senate Bill 1454 which provides that interest on county funds invested by the Clerk of Court is income of the Office of the Clerk. (Debbie Wight, Assistant to the County Manager) Motion approving the Board's position that income on funds invested by the Clerk of Courts are deemed income of the County - Approved 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT Time Certain 2:30 p.m. (Per Agenda Change Sheet) Page 6 March 9, 2010 A. To provide the Board a survey of vehicle immobilization rates (booting) charged by other jurisdictions to assist in the Boards consideration of whether to change the current twenty-five dollar vehicle immobilization rate established by Resolution No. 2009-271 pursuant to Ordinance No. 08-47. Motion for staff to bring back a report which includes stipulations _ Approved 4/1 (Commissioner Halas opposed) Time Certain 11 :00 a.m. (Per Agenda Change Sheet) B. Report on pending foreclosure legislation. Discussed with Item #5B Added (Per Agenda Change Sheet) C. Authorize the making of an Offer of Judgment to Respondent, C & T Properties Unlimited, for Parcel Nos. I 26FEE and 126TCE in the amount of $501,000 in the lawsuit styled Collier County, Florida v. Alexander G. Christou, et aI., Case No. 07-4923-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal impact $116,200) Approved - 5/0 13. OTHER CONSTITUTIONAL OFFICERS A. This item to be heard at 9:45 a.m. Presentation of the Comprehensive Annual Financial Report for the Fiscal Year ended September 30,2009. Motion to accept report - Approved 5/0 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY Gavel handed from BCC Chairman Coyle to CRA Chairman Coletta A. This item to be heard at 1:00 p.m. Recommendation that the Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the creation ofa business development center at the Airport in Immokalee as a collaboration between the Immokalee CRA and the Collier County Airport Authority; approve the Inter-local Agreement; authorize the expenditure of $100,000 in FY 2010 from CRA Trust Fund 186 as seed money; and authorize all necessary budget amendments. Approved - 5/0 Page 7 March 9, 2010 B. This item to be heard immediately followin!!: Item #14A. Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Conununity Redevelopment Agency (CRA) approve the after-the-fact submittal of a Community Development Block Grant (CDBG) Home Investment Partnership (HOME) grant application to Collier County Housing & Human Services (HHS) for the first years operational and start- up expenses of the Immokalee Business Development Center (IBDC) in the amount of $11 0,500. Approved - 5/0 C. This item to be heard immediately folIowin!!: Item #14B. Recommendation that the Collier County Board of County Commissioners (BCC) acting as the Conununity Redevelopment Agency (CRA) approve the Public Realm Plan for the Immokalee Central Business District. Approved - 5/0 D. This item to be heard immediately followin!!: #14C. Recommendation that the Collier County Board of County Conunissioners (BCC) acting as the Community Redevelopment Agency (CRA) approve the after-the-fact submittal of a Community Development Block Grant (CDBG)/Home Investment Partnership (HOME) grant application to Collier County Housing & Human Services (HHS) for land acquisition expenses necessary for the development ofa downtown public plaza in the amount of$400,000. Approved - 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager - Letter from Rich Y ovanovich requesting a reconsideration for a conditional use petition that was denied; Motion to bring back for reconsideration - Approved 3/1 (Commissioner Halas opposed and Commissioner Henning absent) B. Commissioner Halas - Review of trip to Washington C. Commissioner Coletta - Surveying for FEMA Flood Maps and assisting homeowners - Will be brought back as a future consent item - Consensus D. Commissioner Coletta - Pending Supreme Court case allowing Clerk's ability to audit E. Commissioner Halas - Motion to Adjourn - Approved 4/0 (Commissioner Henning absent) Page 8 March 9, 2010 ------------------------------------------------------------------------------------------------------------ 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. ------------------------------------------------------------------------------------------------------------ Motion to table Items #17C & #17D for 6 Months - Failed 2/3 (Commissioner Coyle, Commissioner Henning and Commissioner Coletta opposed); Motion approving Consent and Summary Agenda as amended - Failed 3/2 (Commissioner Fiala and Commissioner Halas opposed); Motion approving Consent Agenda and Items #17 A & #17B on Summary Agenda - Approved 5/0; Motion approving Items #17C & #17D on the Summary Agenda - Adopted 3/2 (Commissioner Halas and Commissioner Fiala opposed) A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Reconunendation to approve final acceptance of the water utility facilities for Bobcat of Naples. With the release of any Utilities Performance Security (UPS) 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Verona Walk, Phase 4A. With the release of any Utilities Performance Security (UPS) 3) Reconunendation to approval final acceptance of the water and sewer utility facilities for 3500 Corporate Plaza. With the release of any Utilities Performance Security (UPS) 4) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Samuel Lee Miller, Jr., Case No. 2006030716, relating to property located at 4814 Myers Road, Immokalee, Florida. Waiving $10,600 in accrued fines for property that has been brought into compliance and is under new ownership 5) Recommendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Teudis Zamora, Case No. 2006120209, relating to property located at 3471 2nd Avenue S.E., Naples, Florida. Page 9 March 9,2010 Waiving $26,750 in accrued fines for property that has been brought into compliance by a new owner 6) Recommendation to approve the Release and Satisfaction of Lien for payments received for specified Code Enforcement actions. Releasing 19 liens for the amount of $19,062.46 7) Reconunendation to approve, and authorize the Chairman to sign, a Satisfaction of Lien, related to impact fees, due to the deferred impact fees being paid in full, in accordance with the Immokalee Residential Impact Fee Deferral Program, as set forth by Section 74-201 (g) of the Collier County Code of Laws and Ordinances. In the amount of $6,799.34 for Lot 27, Independence Phase I 8) Reconunendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. Diana Hall, CEB Case No.2003-036 relating to property located at 790 12 Street N.E., Naples, Florida. Waiving the remaining $341.84 in accrued fines for property that has been brought into compliance 9) Reconunendation to approve the Release and Satisfaction of Lien in the Code Enforcement Action entitled Board of County Commissioners vs. William L. Greeman, Case No. 2007070239, relating to property located at 48 Flamingo Drive East, Naples, FL. Waiving $31,950 in fines for property that has been brought into compliance B. TRANSPORTATION SERVICES 1) Recommendation to approve an Easement Agreement, a Temporary Construction Easement Agreement, and a Subordination of Easement Interest and Agreement for Facility Relocation for a utility easement which is required for the Gateway Triangle Stormwater Improvement Project No. 51803 (Fiscal Impact: $19,525.00) For property owned by Liberty Bank at 2027 Davis Boulevard 2) Reconunendation to provide authority to make payment in the amount of $135,625.00 to CH2MHill for Professional Services for Design Page 10 March 9,2010 Services for the lmmokalee Road, Collier Blvd. to 43rd Ave. (Project No. 60018) Change Order No.5 for services performed and to complete the process of certification to SFWMD 3) Recommendation to approve a Resolution supporting the Transportation Planning Department's application to add the lmmokalee Regional Airport as an Emerging Facility on the Strategic Intermodal System (SIS) Resolution 2010-50 4) Update regarding the Contractors implementation of method and means to achieve cost savings with regard to the acquisition offill for the Oil Well Road widening project and its relationship to the Supplemental Agreement for the Sale ofFill with Ave Maria Development, LLLP. (Project No. 60044) As detailed in the Executive Summary 5) Request for authorization to advertise a proposed amendment to Ordinance No. 92-40, as amended, which created the Inunokalee Beautification Municipal Service Taxing Unit, to expand its purpose to include "stormwater and drainage." 6) Reconunendation to enter into an lnterlocal Agreement with Lee County to coordinate a public transit link between Lee and Collier Counties subject to available funding. The proposed route would run south along US 41 from Coconut Point Mall to Immokalee Road and provide transit connections 7) Recommendation to approve an amendment to an existing developer agreement related to the Collier Boulevard Mixed Use Conunerce Center and the expansion of Collier Boulevard between Davis Boulevard and the Golden Gate Main Canal regarding storm water management improvements. (Project No. 60092) Fiscal Impact: $158,450.50 Amending the original agreement entered into July 22, 2008 for a .05 acre increase to the drainage right-of-way and naming FDOT as co-grantee for the Collier Boulevard Expansion Page 11 March 9, 2010 8) Recommendation to approve a budget amendment in the amount of $50,000 moving dollars from Lely MSTU Fund (152) Reserves to the appropriate Fund (152) capital account for a project known as the Warren Street Irrigation Re-Use Water Source Modification. For the staff recommended "refurbishment project" 9) Reconunendation to approve the purchase of a road right-of-way, drainage and utility easement (Parcel No. 293RDUE) which is required for the expansion of Golden Gate Boulevard from two lanes to four lanes between Wilson Boulevard and DeSoto Boulevard. (Project No. 60040) Fiscal Impact: $2,770 For 3,750 square feet of property at 2141 Golden Gate Blvd. E. 10) Recommendation to approve and authorize the Chairman to sign a Compliance Agreement with MDG Capital Corporation, developer of Arrowhead Planned Unit Development, in order to extend deadlines set forth in Planned Unit Development Ordinance No. 02-40, as amended, Paragraph L, Sub-Paragraph 2 and 3 and Paragraph M for three years. Due to the current housing recession this agreement extends the PUD deadline three years and includes terms and conditions; language change to paragraph 3 of the proposed compliance agreement (per agenda change sheet) C. PUBLIC UTILITIES 1) Reconunendation to approve a Fifth Amendment to the Landfill Operating Agreement between Collier County and Waste Management, Inc., of Florida, providing administrative changes to clarify definitions that are consistent with Florida Administrative Code, Chapter 62-701, Solid Waste Management Facilities; to align current business processes; and, to restructure payment formulas due to the implementation of alternative daily cover materials including Posi-Shell, mulch, and other Florida Department of Environmental Protection agency approved alternative cover materials to maintain odor control, landfill airspace preservation, and to provide estimated annual operating cost savings of $266, 141, and estimated annual airspace savings valued at $736,285. Page 12 March 9, 2010 As detailed in the Executive Summary 2) Recommendation to authorize the Chairman to sign a grant contract, Agreement #1OHM-88-09-21-01-0 12 with the State of Florida, Division of Emergency Management, and to authorize the necessary budget amendments, to spend up to $46,773 to install aluminum roll down shutters and supporting equipment on the Collier County Environmental Compliance and Landfill Scale House facility. Installing 13 shutters for added protection during storms and disasters 3) Reconunendation to award Bid #10-5395, Telemetry and Electrical Upgrades to 13 Lift Stations, to E. B. Simmond's Electrical, Inc., in the base bid amount $837,113.97 for Project No.73922, Collections Supervisory Control and Data Acquisition Improvements. Authorize a budget amendment of$545,912.21 from Project No. 72549, Collections Lift Station Mechanical Improvements to No. 73922. For SCADA telemetry systems that allows staff the ability to remotely operate stations, monitor flow and diagnose and address malfunctions immediately 4) Recommendation to authorize a budget amendment to reallocate funds in the amount of$900,000 from Reserves, to the South Reverse Osmosis Raw Water Wellfield Pipeline Repair, Project No. 70030. For the re-commissioning and comprehensive forensic evaluation of a failed PVC pipe, minimizing the risk of future incidents D. PUBLIC SERVICES 1) Reconunendation to approve and authorize the Chairman to sign seven (7) lien agreements for deferral of 100% of Collier County impact fees for owner occupied affordable housing dwelling units located in Collier County. Approval of this item will transfer previously approved deferral agreements from developer to owner occupants with a continuing fiscal impact of$149,645.62. Transferring Habitat for Humanity owned properties to owner occupants in the Liberty Landing and Naples Manor Subdivisions Page 13 March 9,2010 2) Recommendation for the Board of County Conunissioners to approve and authorize the Chairman to sign a Florida Fish and Wildlife Conservation Commission Grant. Used to create a minimum of three (3) new 300 ton artificial reefs in a 4.5 mile site area off of Doctor's Pass 3) This item continued from the February 23, 2010 BCC Meetin!!:. Recommendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #07DB-3V- 09-21-0 l-ZO I between the Florida Department of Conununity Affairs and Collier County to reallocate $135,658.47 in unused project funds to the Disaster Recovery Initiative Single Family Rehabilitation Program. For continued operation of the program which provides qualified families the ability to perform hurricane mitigation activities 4) Reconunendation to approve and authorize the Chairman to sign a modification to Disaster Recovery Initiative Agreement #08DB-D3- 09-21-01-A03 between the Florida Department of Community Affairs and Collier County and associated contract amendments with sub- recipients. This modification will update the current project work schedules and extend the grant periods. To complete hurricane hardening projects established for funding under a 2008 sub-recipient grant agreement 5) Recommendation to approve and authorize the Chairman to sign an amended release oflien to correct date and official records citations of previously recorded impact fee deferral release oflien. Clarifying a 2007 date and correcting an Official Records citation 6) Reconunendation to approve the Community Development Block Grant-Recovery (CDBG-R) template and authorize the Chairman to sign four (4) sub-recipient grant agreements providing American Recovery and Reinvestment Act (ARRA) funds for projects to assist low and moderate income citizens throughout Collier County. For agreements with the City of Marco Island, the Greater Immokalee Southside Front Porch Community, Inc., the Housing Development Corp. of SW Florida and the Empowerment Alliance of SW Florida Page 14"March 9,2010 7) Reconunendation to accept a report of the full accounting of Disaster Recovery Initiative grant-related costs incurred for the replacement of four homes severely damaged by HUlTicane Wilma. Reporting costs associated with replacing the four modular homes in the amount of $603,886.67 8) Recommendation to approve and authorize the Chairman to sign a Declaration of Deed Restriction between Collier County and the Empowerment Alliance of Southwest Florida Conununity Development Corporation for a project known as Hatcher's Preserve in lmmokalee, Florida. To correct non-compliance regarding income eligibility for the project that has been temporarily suspended by Florida's DCA 9) Reconunendation to authorize a budget amendment not to exceed $65,000 for mitigation work associated with the fuel tank replacement at the Port of the Islands Marina and to recognize revenue from the sellers escrow account to repay the County for the required work. For costs associated removing contaminated soil found during tank replacement E. ADMINISTRATIVE SERVICES 1) Recommendation to award contract for Invitation to Bid (ITB) No. 09-5273, Generator Maintenance, Repair, and Installation, to Power Pro-Tech Services, Inc., as primary; Metro Power Systems, Inc., as secondary; and Clean Fuel & Tank, Inc., for fuel polishing (cleaning) in the estimated annual amount of $400,000. For generator maintenance, repair, installation and cleaning 2) Reconunendation to approve a First Amendment to Lease Agreement with Hometown Landmark Estates, LLC, for the continued use of vacant county owned land for vehicle parking with a first years revenue of$2,500. For a .75 acre parcel at the intersection of US 41 and CR 886 3) Reconunendation to approve Collier County's participation in a Partnership Agreement that was submitted by the Collier County Page 15 March 9, 2010 School District for a Readiness and Emergency Management for Schools Grant. To provide disaster training for school staff and the development of a Continuity of Operations (COOP) Plan for the School District 4) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the report period January 14 through February 10, 2010 F. COUNTY MANAGER 1) Recommendation to recognize an insurance refund and approve the necessary budget amendment for the Ochopee Fire Control District in the amount of $4,600 for the purpose of replacing stolen items. Replacing hand tools, a lawn mower, a generator and a new vehicle pump purchased through a forestry grant 2) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2010-51 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation to the Collier County Board of County Conunissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve the after-the-fact submittal of a Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) grant application to Collier County Housing & Human Services (HHS) for the partial design and construction of the Immokalee Storm Water Master Plan in the amount of $4,840,604. For the portion of the project in downtown Immokalee, FL 2) Request that the Board of County Commissioners (BCC) acting as the Conununity Redevelopment Agency (CRA) approve a Resolution changing various sections of the Immokalee CRA Commercial Facade Improvement Grant Program Policies and Procedures Document, Application and Recipient Agreement. Page 16 March 9, 2010 CRA Resolution 2010-52 3) Recommendation to the Collier County Board of County Conunissioners (BCC) acting as the Community Redevelopment Agency (CRA) to approve a grant request from the Eastern Collier County Chamber of Commerce (ECOC) for funding totaling $43,875.00 for the expenses associated with the 50th Annual Harvest Festival scheduled March 20,2010. As detailed in the Executive Summary 4) Recommendation to approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2818 Gulfview Drive) H. BOARD OF COUNTY COMMISSIONERS 1) Conunissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Greater Naples Chamber of Commerce Wake Up Naples event at the Hilton Hotel - 5111 Tamiami Trail North, Naples, FL on February 16,2010. $W $25 (Per Agenda Change Sheet) to be paid from Conunissioner Henning's travel budget. 2) Conunissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon at the Hamilton Harbor Yacht Club on February 22, 20 I O. $18.00 to be paid from Commissioner Henning's travel budget. Located at 7065 Hamilton Avenue 3) Conunissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Commissioner Coletta attended the Launching of lnunokalee Housing & Family Services on November 17, 2009 in Naples, FL. $50.00 to be paid from Conunissioner Coletta's travel budget. Held at the Naples Yacht Club, 700 14th Avenue S Page 17 March 9, 2010 4) Conunissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Conunissioner Coletta will be attending to the Honor the Free Press Day on March 17, 2010 in Naples, FL. $30.00 to be paid from Commissioner Coletta's travel budget. Held at the Naples Hilton located at 5111 Tamiami Trail North 5) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Commissioner Coletta will be attending on April 10, 2010 to the 2010 Gulf Citrus Gala in Labelle, FL. $120.00 to be paid from Conunissioner Coletta's travel budget. At the LaBelle Civic Center, 481 State Road 80, LaBelle, FL 6) Conunissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Eastern Collier Chamber of Conunerce on February 3, 2010 at 506 1st St, in Immokalee, FL. $15.00 to be paid from Conunissioner Coletta's travel budget. Held at the Seminole Casino Pavilion, 506 1 sl Street, Immokalee 7) Conunissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended Wake Up Naples breakfast at Greater Naples Chamber of Commerce on February 16, 2010 date at 5111 Tamiami Trail North in Naples, FL. $25.00 paid from Commissioner Coletta's travel budget. Held at the Naples Hilton I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Reconunend authorization of a budget amendment to transfer funds collected for the Collier County Juvenile Assessment Center to the Sheriff in the amount of$59,000 to be used exclusively for the operation of the Juvenile Assessment Center. Page 18 March 9, 2010 2) Recommend approval of the Sheriffs Application for Homeland Security Fiscal Year 2010 Operation Stonegarden and designate the Sheriff as the Official Applicant, and the Sheriffs Office Staff as Grant Program and Financial Managers to accept, receive and expend grant funds, and approve and submit applicable budget and program modifications. Supporting homeland security goals focusing on increased border surveillance, forming collaborative partnerships between law enforcement agencies and operational support and coordination 3) To obtain Board approval for disbursements for the period of February 20,2010 through February 26, 2010 and for submisson into the official records of the Board. 4) Recommendation that the Board of County Conunissioners approve the State of Florida Annual Local Government Financial Report for Fiscal Year 2008-2009 as required by Florida Statute 218.32. As detailed in the Executive Summary K. COUNTY ATTORNEY 1) Reconunendation to approve a Stipulated Final Judgment in the amount of $48,700 for Parcel209FEE in the lawsuit styled Collier County v. Pablo M. Sardinas, et al., Case No. 07-2824-CA .(Oil Well Road Project No. 60044) (Fiscal Impact $8,000) 2) Authorize the County Attorney to advertise two ordinances for future Board consideration which would: (I) amend Ordinance No. 76-57 (the Public Solicitors Ordinance), so as to prohibit public solicitors from misrepresenting that they are veterans of the military or soliciting in military uniforms when they are neither present nor former members of the military; and (2) amend Ordinance No. 87-60 (which regulates solicitation in the public right-of-way), as amended, to require charitable organizations soliciting in military uniform or a distinctive part ofa military uniform to provide evidence of present or former military service for each solicitor when applying for a permit. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A Page 19 March 9, 2010 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. RZ-PL2009-469 East Naples Fire Control and Rescue District No. 26, represented by Robert L. Duane, AICP of Hole Montes Inc., is requesting to rezone from Rural Agriculture (A) and Conunercial Intermediate (C-3) zoning districts to the Public Use (P) zoning district for a Fire Station and accessory uses. The subject property is 3.68 acres and is located in Section 20, Township 51 South, Range 27 East, Collier County, Florida. Ordinance 2010-09 B. This item requires that ex parte disclosure be provided by Commission members. Should a hearin!!: be held on this item, all participants are required to be sworn in. Recommendation to approve Petition V AC- PL2009-1025, to disclaim, renounce and vacate the County's and the Public's interest in a portion of a 30-foot wide alley along the southerly line of the plat known as Pettit Subdivision, as recorded in Plat Book 2, Page 88, of the Public Records of Collier County, Florida, in Section 18, Township 52 South, Range 25 East, Collier County, Florida, and being more specifically described in Exhibit A. Resolution 2010-53 C. Recommendation to adopt an ordinance amending Ordinance No. 2004-03, the Collier County Airport Authority Ordinance, for the purpose of designating the Board of County Conunissioners as the governing body of the Airport Authority. Page 20 March 9,2010 Ordinance 2010-10 Adopted 3/2 (Commissioner Halas and Commissioner Fiala opposed) D. Recommendation to adopt an ordinance creating the Airport Authority Advisory Board for the purpose of providing advice and reconunendations to the Board of County Conunissioners, as the governing body of Collier County Airport Authority, regarding the Marco Island Executive Airport, Inunokalee Regional Airport, Everglades Airpark and any future publically- owned airports that are within the authority and control of Collier County. Ordinance 2010-11 Adopted - 3/2 (Commissioner Halas and Commissioner Fiala opposed) 18. ADJOURN Motion to Adjourn - Approved 4/0 (Commissioner Henning absent) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 21 March 9, 2010