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Backup Documents 03/23/2010 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA March 23,2010 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 23, 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 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. Pastor Ron Coulter - Gulfside Christian Church Absent; Invocation given by County Manager Ochs 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 - 5/0 B. February 23,2010 - BCC/Regular Meeting Approved as presented - 5/0 C. March 2,2010 - BCC/Foreclosure Task Force Workshop Approved as presented - 5/0 Page 2 March 23, 2010 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1) Gary Kessler, Parks and Recreation Presented 2) Pamela Moore, Library Presented 3) Peg Ruby, Parks and Recreation Presented 4. PROCLAMATIONS (One motion taken to adopted Item #4B through #4F) A. Proclamation to honor in memoriam Aubrey Rogers who died peacefully on the 10th of March. To be accepted by Cpl. Dan Rogers and Sheriff Kevin Rambosk. Sponsored by the Board of County Commissioners. Adopted - 5/0 B. Proclamation designating April as Water Conservation Month. To be accepted by Clarence Tears, Jr., Director of the South Florida Water Management District's Big Cypress Basin, Pam Libby, Water Department Operations Manager, Danette Huff, Irrigation Quality Water Manager, and Joe Bellone, Utility Billing and Customer Service Manager. Sponsored by Commissioner Halas. Adopted - 5/0 C. Proclamation designating April 10, 20 I 0 as Paint Our County Purple Day and recognizing Relay for Life Days in Golden Gate City and other dates throughout Collier County. To be accepted by Ann Gardner and Michelle Wilson. Sponsored by Commissioner Henning. Adopted - 5/0 D. Proclamation designating the week of March 22 through March 26,2010 as The 30th Anniversary of Know Your County Government Week. To be accepted by Alex Bethune and Rosana Sandoval. Sponsored by Commissioner Coletta. Page 3 March 23, 2010 Adopted - 5/0 E. Proclamation designating March 27, 2010 as League of Women Voters of Collier County Day. To be accepted by Sandy Parker, President, League of Women Voters of Collier County. Sponsored by Commissioner Fiala. Adopted - 5/0 F. Proclamation designating April 10, 2010 as Bay Days / Great American Clean Up Day. To be accepted by Rory Admunson, President of the Keep Collier Beautiful Board of Directors, Cher Compton, Executive Director of Keep Collier Beautiful and Larry Berg, Sr. District Manager of Waste Management of Collier County. Sponsored by Commissioner Fiala. Adopted - 5/0 5. PRESENTATIONS A. Recommendation to recognize Samantha Moran, Training Coordinator, Human Resources Department as the Employee of the Month for March 2010. Presented B. Presentation of the Collier County "Business of the Month" award to Pelican Wire Company for March 2010. Presented 6. PUBLIC PETITIONS A. Public Petition request by Mr. D.E. Smylie regarding funding for sidewalk extension. Presented; Petitioner to work through the Pathways Committee B. Public Petition request by Mr. Kenneth Thompson regarding various neighborhood issues. Presented Item 7 and 8 to be heard no sooner than 1:00 l1.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS Page 4 March 23, 2010 A. This item reQuires that all participants be sworn in and ex parte disclosure be provided bv Commission members: CU-PL2009-405: Collier County Alternative Transportation Modes Department represented by Abra Horne, AICP, of Wilbur Smith Associates is requesting a Conditional Use in the Gallman Olds PUD Zoning District to add a Government Facility, limited to a Bus Transfer Station pursuant to LDC Section 2.01.03.G.l.e, Essential Services. The subject 10.04 acre property is located on the south side of Radio Road extending to Davis Boulevard, approximately 1,000 feet from the Radio Road and Davis Boulevard intersection in Section 3, Township 50 South, Range 26 East, Collier County, Florida. (CTS) Resolution 2010-70: Motion to approve w/CCPC conditions and including #6 & #8 - Adopted w/amendments 5/0 8. ADVERTISED PUBLIC HEARINGS A. This al!:enda item was advertised for consideration bv the BCC on March 9, 2010. At the direction of the County Manal!:er this item has been moved to the BCC Al!:enda for March 23, 2010. Recommendation to adopt amendments to the Capital Improvement Element of the Collier County Growth Management Plan. Ordinance 2010-14 Adopted 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Haldeman Creek Maintenance Dredging Advisory Committee. Resolution 2010-64: Re-appointing Roy A. Wilson and Larry Joe Patton - Adopted 5/0 B. Appointment of member to the Collier County Citizens Corps. Resolution 2010-65: Appointing Dr. Joseph Neiweem - Adopted 5/0 C. Appointment of members to the Pelican Bay Services Division Board. Resolution 2010- 66: Appointing John Chandler and Johan Domenie as Residential Representatives; Appointing Hunter Hansen (term ending Page 5 March 23, 2010 2014) and John Baron (term ending 2013) as Commercial Representatives - Adopted 5/0 D. Appointment of member to the Collier County Code Enforcement Board. Resolution 2010- 67: Appointing Herminio Ortega - Adopted 5/0 E. Appointment of member to the Radio Road Beautification Advisory Committee. Resolution 2010-68: Re-appointing Helen Carella - Adopted 5/0 Moved from Item #16H8 (Per Commissioner Coletta during Agenda Changes) F. A resolution by the Collier County Board of County Commissioners urging local retailers selling tobacco products to refrain from selling and marketing flavored tobacco products which tend to promote and influence underage and/or youthful consumption. Resolution 2010-69 Adopted - 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to award a construction contract (Bid # I 0-5446) to D.N. Higgins, Inc., in the amount of$8,683,000.00; award a pre-negotiated direct purchase odor control package in the amount of$I,3l0,229.00 to Siemens; amend engineering services Work Order HS-FT-3785-07-03 for initial construction engineering and inspection services in the time and materials not to exceed amount of $300,000.00; and authorize the necessary budget amendment for the North County Water Reclamation Facility Compliance Assurance project, Project Number 73950.1. (Jim DeLony, Public Utilities Administrator) Approved - 5/0 B. Recommendation to accept the first annual report on the Impact Fee Program for Existing Commercial Redevelopment. (Amy Patterson, Manager Impact Fees & EDC, CDES) Motion to accept report and for staff to bring back a comprehensive report with changes to the program - Approved 4/0 (Commissioner Henning absent) Time Certain 2:00 p.m. (Per Agenda Change Sheet) Page 6 March 23, 2010 C. Recommendation to approve foreclosure-related guiding principles as provided by members of the Collier County Foreclosure Task Force upon request of the Board of County Commissioners in addressing any foreclosure legislation considered in the Florida Legislature. (Debbie Wight, Assistant to the County Manager) Motion to send a strong letter to the Florida Legislature with amendments - Approved 5/0 Moved from Item #16C5 (Per Agenda Change Sheet) D. Recommendation to approve the submittal of a letter representing Collier County's comments on the United States Environmental Protection Agency (EPA) proposed Numeric Nutrient Rule, Docket ID No. EPA-HQ-OW- 2009-0596 during the EP As established public comment period. Motion to approve staff's recommendations and to further clarify the Board's position in the letter signed by the Chairman - Approved 5/0 Moved from Item #16D8 (Per Commissioner Coletta during Agenda Changes) E. Recommend to approve and authorize the Chairman to sign the Interlocal Agreement between Collier County and the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc., for the provision of a public restroom and erosion control structures in the Hideaway Beach section of Marco Island. Motion to approve - Approved 3/2 (Commissioner Henning and Commissioner Coletta opposed) 11. PUBLIC COMMENTS ON GENERAL TOPICS A. Tim Nance - Frangipani Avenue issues 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. Election or reelection of the Collier County Community Redevelopment Agency (CRA) Chair and Vice-Chair for 2010. Page 7 March 23, 2010 Motion to appoint Donna Fiala as Chairman and Jim Coletta as Vice- Chairman - Approved 5/0 B. Recommendation to the Board of County Commissioners acting as the Community Redevelopment Agency (CRA) to approve the purchase of a vacant lot on the corner of South 9th Street and Boston A venue as part of the Immokalee CRA Public Realm Plan and Town Design for the Immokalee Central Business District (CBD), and to approve payment from the Immokalee CRA Fund 186 in the amount of $232,500 plus costs and expenses to complete the sale, and approve a budget amendment of $250,000 from Immokalee CRA Reserves. Approved 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Commissioner Henning - Communication w/landowner of Cirrus Point and moving forward w/court action - Consensus B. Commissioner Fiala - Selling the Danford Street properties C. Commissioner Halas - "Best Value Options" for work done for the County and the Clerk of Courts not paying the bills, bring back to the next Meeting Agenda - Consensus D. Commissioner Coletta - Youth Hog Hunt at Pepper Ranch accommodating 4 youths to an already full roster E. Commissioner Coletta - Immokalee Area Master Plan deadline F. Commissioner Coletta - Catwalk/pier at Marco Bridge G. Commissioner Coyle - County Attorney to prepare Ordinance for issues brought forward by petitioners repetitively H. Motion to Adjourn - Consensus ------------------------------------------------------------------------------------------------------------ 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 - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Page 8 March 23,2010 1) Recommendation to approve final acceptance ofthe water utility facility for Traci Office Building. W /release of any Utilities Performance Security (UPS) 2) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Parcel 112. W /release of any Utilities Performance Security (UPS) 3) Recommendation to approve final acceptance of the water utility facility for North Collier Hospital, Phase 2 Expansion. W /release of any Utilities Performance Security (UPS) 4) Recommendation for approval of a perpendicular dock configuration and angled boat dock configuration for the Stella Maris subdivision in the Port ofthe Isles. To replace an existing boat lift constructed parallel with the shoreline 5) This item reQuires that ex parte disclosure be provided by Commission Members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. This is a recommendation to approve for recording the final plat of Verona walk Phase 4A, Verducci Court Replat. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the tinal approval letter 6) Recommendation to approve the Release and Satisfaction of Lien for the Code Enforcement Action entitled Board of County Commissioners vs. Steven B. Johnson, Code Enforcement CEB Case No. 2003-057, relating to property located at 128 Flicker Lane, Everglades City, Florida. Waiving $191,900 in accrued tines since Lien Order dated June 4, 2004 7) This item reQuires that ex parte disclosure be provided bv Commission Members. Should a hearinl!: be held on this item, all participants are reQuired to be sworn in. This is a recommendation Page 9 March 23, 2010 to approve for recording the final plat of Verona walk Phase 4B, Palermo and Querce Court Replat. Developer must receive a Certificate of Adequate Public Facilities prior to the issuance of the final approval letter 8) Recommendation to approve Amendment Number 1 to the Second Memorandum of Agreement and Support relating to the Revenue Distribution Approach for Rural Areas of Critical Economic Concern (RACEC) Catalyst Project For Economic Development South Central Florida RACEC and authorize the Chairman to sign the Agreement on behalf of Collier County. Any revenue generated from this program will be dedicated for and used to assist in providing additional funding for the County's economic development incentive programs B. TRANSPORTATION SERVICES 1) Recommendation to approve a Resolution authorizing the execution and filing of Federal Transit Administration (FT A) grant applications; the execution of grants and cooperative agreements; and the filing with applications the annual certification and assurances as required. Resolution 2010-57 2) Recommendation to approve payment to Collier Development Corporation for purchase of drainage easements necessary for construction of two segments of the Lely Area Stormwater Improvement Project (Project No. 51101) located within the Sabal Bay Development in the amount of$987,345. 3) Recommendation to pay attorney fees in the amount of$3,250 to the firm of Roetzel and Andress for their assistance in counseling property owners John Kappeyne and Maria Bettencourt, for helping the parties reach agreement on the sale of a portion of the owners land to Collier County for the Vanderbilt Beach Road Extension project, and for clearing title by obtaining a Partial Release of Mortgage from the mortgage holder. Project No. 60168. (Fiscal Impact: $3,250) Parcel #118 Page 10 March 23, 2010 4) Recommendation to pay attorney fees and real estate appraisal fees in the amount of $5,000 to the firm of Roetzel and Andress for their assistance in counseling property owners Larry F. Greenberg and Ellen F. Greenberg, for helping the parties reach agreement on the sale of a portion of the owners land to Collier County for the Vanderbilt Beach Road Extension project, and for clearing title by obtaining a Partial Release of Mortgage from the mortgage holder. Project No. 60168. (Fiscal Impact: $5,000) Parcel #120 C. PUBLIC UTILITIES 1) Approve the Satisfaction for a certain Water and/or Sewer Impact Fee Payment Agreement. Fiscal impact is $92.50 to record the Satisfactions of Lien. Folios: #68343840008, #81622560002, #00729560009, #68342320008 and #68343680006 2) Approve, execute and record a Satisfaction of a Notice of Claim of Lien for Sanitary Sewer System Impact Fee. Fiscal impact is $18.50 to record the Satisfaction of Lien. Folio #00253600008 3) Recommendation to accept a South Florida Water Management District Alternative Water Supply Grant in the amount of $488,000 for partial funding of the construction of the Irrigation Quality Water Booster Pump Station, Project #74076, and Irrigation Quality Water Pond Liner, Project #73950. Resolution 2010-58 4) Authorize submission of Amendment One (1) to the State Revolving Fund Loan Agreement (WW597180) through the Florida Department of Environmental Protection (FDEP) for the Reclaimed Water ASR, Project #74030. Establishing the final disbursable amount at $4,208,762 Moved to Item #10D (Per Agenda Change Sheet) Page 11 March 23, 2010 5) Recommendation to approve the submittal of a letter representing Collier County's comments on the United States Environmental Protection Agency (EPA) proposed Numeric Nutrient Rule, Docket ID No. EPA-HQ-OW-2009-0596 during the EPAs established public comment period. 6) Recommendation to approve conveyance of an Easement to Florida Power & Light Company for providing interconnection services for the construction of the landfill gas-to-energy facility at the Collier County Landfill, at no cost to the County. All construction and recording costs will be paid by Waste Management Inc. of Florida 7) Recommendation to exempt from formal competition and approve Contract #10-5466 with de la Parte & Gilbert, P.A., for General Legal Services for the Public Utilities Division. Project No. 71058, Water Legal Services. Due to their involvement in the Collier County Water-Sewer District matters for more than 4 years 8) Recommendation to approve AshBritt Environmental, Inc., (Contract #05-3661) as the initial debris removal contractor in operational readiness for the upcoming 20 I 0 Hurricane Season. D. PUBLIC SERVICES 1) Recommendation to approve and authorize the Chairman to sign a Release of Declaration of Restriction with Immokalee Senior Housing, Ltd for the infrastructure construction on 2.33 acres in Immokalee, Florida to enable Immokalee Senior Housing, Ltd to construct thirty (30) new one- and two-bedroom rental units targeted to very low-income elderly residents. Site located on 11 th Street North 2) Recommendation to approve and authorize the Chairman to sign two (2) 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 Page 12 March 23, 2010 approved deferral agreements from developer to owner occupants with a continuing fiscal impact of $37,817.56. For Lot 51, Block 4 in the Naples Manor Extension and Lot 67 in Liberty Landing 3) Recommendation to approve and authorize the Chairman to sign an agreement between the Area Agency on Aging for Southwest Florida, Inc. and Collier County, and approve associated budget amendments to reflect an increase of$144,147 in the Older Americans Act grant program. Agreement #OAA 203.10, to prevent disruptions in support services 4) Recommendation to approve and authorize the Chairman to sign a renewal grant agreement between the U.S. Department of Housing and Urban Development (HUD) and the Collier County Board of Commissioners (BCC) to accommodate HUD approved budget changes for SA WCC. Project #FL0295B4D060801- Peace Village 5) Recommendation to approve an Amendment to the Real Estate Conveyance Agreement (Amendment) with the David Lawrence Mental Health Center, Inc. for conveyance of a portion of County owned land located at 425 1st Street North, Immokalee, at no additional cost to the County. Additional time is needed to assure that all of the permitting is in order prior to the transaction being finalized 6) Recommendation to approve and authorize the Chairman to sign an amendment to the State of Florida, Department of Children and Families (DCF) Challenge Grant. The amendment is being requested by DCF in order to comply with Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 (Support to the Deaf and Hard of Hearing). Allowing the County to maintain $96,000 in Challenge Grant funding Page 13 March 23, 2010 7) Recommendation to accept a revised list of equipment to be purchased with the Health Care and Other Facilities Special Congressional Initiative earmark from the United States Department of Health and Human Services accepted by the Board of County Commissioners on September 29,2009, Agenda Item #16D6. Moved to Item #10E (Per Commissioner Coletta during Agenda Changes) 8) Recommend to approve and authorize the Chairman to sign the Interlocal Agreement between Collier County and the City of Marco Island, the Hideaway Beach District and the Hideaway Beach Association, Inc., for the provision of a public restroom and erosion control structures in the Hideaway Beach section of Marco Island. 9) Recommendation to approve and authorize the Chairman to sign a sub-recipient agreement between Collier County and The City of Naples for Community Development Block Grant-Recovery (CDBG- R) funding providing American Recovery and Reinvestment Act (ARRA) funds for a landscaping improvements project to assist low and moderate income citizens in the Anthony Park Community located within the City of Naples in the amount of$30,365. Within the River Park Community E. ADMINISTRATIVE SERVICES 1) Recommendation to authorize the sale of Collier County surplus property on April 24, 2010. 2) Recommendation to award Bid No. 10-5407, Employment Physicals and Drug Testing to Anchor Health Centers at an estimated annual cost of $11 ,600 per year. 3) Recommendation to award #ITB 10-5437 for Temporary Clerical Services to Academy Design and Technical Services, Inc., Compass Medical Staffing, and Juristaff Inc., in no particular order. Estimated annual expenses are $110,000. For departments that have a need for temporary staff and require transcriptional services associated with recurring and special public meetings Page 14 March 23, 2010 4) Report the sale offour (4) pick-up trucks associated with the County surplus on-line auction held February 15, 2010 resulting in gross revenues of$16,550. 5) Recommendation to approve an Agreement for Sale and Purchase with Bruce and Lucille Kirby for 1.0 acre under the Conservation Collier Land Acquisition Program, at a cost not to exceed $31,675. Folio #61730880005 which adjoins the Nancy Payton Preserve 6) Recommendation to approve the purchase of property insurance effective April I ,2010 in the amount of $3,430,400, a reduction of $604,735 and authorize the County Manager or designee to execute any applications or other documents necessary to bind coverage and servIce. Needed to comply with the Stafford Act 7) Recommendation to authorize the chairman to sign a $250,000 Florida Department of Environmental Protection (FDEP) Office of Greenways and Trails Recreational Trails Program (RTP) Grant Application to partially fund the construction of the Gordon River Greenway Park boardwalk and pedestrian bridge. The County has 2 years from the effective date to complete this project 8) Recommendation to approve a Budget Amendment in the amount of $307,400 to fund the interior reconfiguration of the Supervisor of Elections building at 3300 Santa Barbara Boulevard in order to maximize the efficiency of the space including the creation of a combination training/call center room in preparation for the upcoming 20 I 0 elections. Space previously occupied by Coastal Zone Management F. COUNTY MANAGER 1) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Page 15 March 23, 2010 Resolution 2010-59 2) Recommendation to approve and authorize the Chairman to accept the Volunteer Fire Assistance Grant Award to Ochopee Fire Control District in the amount of $4,705 with a required match of $4,705 for a total of $9,410 to purchase VHF mobile radios, pagers, harnesses, foam and approve the necessary budget amendments. To complete the outfitting of two 1978 6x6 five ton Forestry vehicles 3) Recommendation to approve a Certificate of Public Convenience and Necessity for NCH Healthcare System for non-emergency ambulance service and approve a Budget Amendment recognizing and appropriating the $250 annual renewal fee. 4) Recommendation to approve budget amendments. BA #10-182 5) Recommendation to approve and authorize the Chairman to sign a Memo of Understanding (MOU) with the Greater Naples Chamber of Commerce to support funding of a new Visitor Information Center Specialist position at an annual cost of up to $65,000 payable with TDC funding. Funding available for 1 year 6) Recommendation to approve a Resolution attesting that the Board of County Commissioners is authorized to administer the County's affairs, and will be legally and financially responsible in the event there is any outstanding debt owed to Centers for Medicare and Medicaid Services as a result of the filing and receiving of payments associated with ambulance related claims. Resolution 2010-60 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Collier County Community Redevelopment Agency review and approve the Bayshore Gateway Triangle CRA Page 16 March 23, 2010 2009 Annual Report, forward the report to the Board of County Commissioners and Clerk of Courts and publish public notice of the filing. As detailed in the Executive Summary 2) Recommendation to approve and execute a Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (3300 Davis Boulevard, $52,947.22). For the conversion of a gas station to a restaurant at the corner of Davis Blvd. and Airport Rd. 3) Recommendation that the Collier County Community Redevelopment Agency approves the submittal of a Mixed-Used Planned Unit Development (MPUD) application to rezone CRA-owned land; approve the Chair to sign application documents; and authorize the Executive Director to complete and submit the application package and pay the application fee. (Fiscal Impact: $15,275) To be known as the Bayshore Cultural Arts Villages 4) Recommendation to authorize budget amendments to allocate $223,700 in Immokalee Infrastructure Fund 497 to permitting the next phase of development at the Immokalee Regional Airport. For Phases 2 and 2A covering approximately 178 acres 5) Recommendation to approve and authorize the Chairman to execute the attached Resolution authorizing execution of Master Joint Participation Agreement 201O-A with the Florida Department of Transportation to fund projects at the Everglades Airpark, the Immokalee Regional Airport and Marco Island Airport, and authorize associated budget amendments. Resolution 2010-61 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Page 17 March 23, 2010 Attended the EDC March Investor Meeting on March 2, 20 I 0 at the Naples Daily News - Community Room - 1100 Immokalee Road. $20.00 to be paid from Commissioner Henning's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Naples Press Club luncheon as a speaker on February 25,2010 at the Bellasera Resort in Naples, FL. $20.00 to be paid from Commissioner Fiala's travel budget. Located at 221 9th Street South 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the League Club in Naples Luncheon as a speaker on March 4,2010 at the Port Royal Club in Naples, FL. $30.00 to be paid from Commissioner Fiala's travel budget. Located at 2900 Gordon Drive 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the United Arts Council Stars in the Arts Awards Luncheon at the Naples Grande Resort in Naples, FL on March 26, 2010. $95.00 to be paid from Commissioner Fiala's travel budget. Located at 7760 Golden Gate Parkway 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend The Cleveland Club of Southwest Florida Spring Dinner Party at the Cypress Woods Golf & Country Club in Naples, FL on March 28, 20 10. $30.00 to be paid from Commissioner Fiala's travel budget. Located at 3525 Northbrooke Drive off Immokalee Rd. 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Naples Press Club Luncheon with Karna Bodman at Vergina on 5th Avenue South in Naples, FL on April 10, 2010. $45.00 to be paid from Commissioner Fiala's travel budget. Page 18 March 23, 2010 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Women's Philanthropic Network ofthe Community Foundation of Collier County 2010 Women ofInitiative Awards Luncheon at the Naples Beach Hotel and Golf Club in Naples, FL on April 6, 20 I O. $125.00 to be paid from Commissioner Fiala's travel budget. Located at 851 Gulf Shore Blvd N Moved to Item #9F (Per Commissioner Coletta during Agenda Changes) 8) A resolution by the Collier County Board of County Commissioners urging local retailers selling tobacco products to refrain from selling and marketing flavored tobacco products which tend to promote and influence underage and/or youthful consumption. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve Change Order #9 to add $79,200 to Contract #07 -4152, Auditing Services for Collier County, with Ernst and Young LLP. For nine (9) additional audits performed above the six base audits; administered by the Clerk of Courts Finance Division 2) To approve a yield reduction payment in the amount of $3,332.52, related to the Series 2005 Capital Improvement and Refunding Revenue Bonds. Due to an excess of interest earned after the temporary period of 3 years on invested tax exempt debt proceeds 3) To obtain board approval for disbursements for the period of February 27,2010 through March 5, 2010 and for submission into the official records of the board. Page 19 March 23,2010 4) To obtain board approval for disbursements for the period of March 6, 2010 through March 12,2010 and for submission into the official records of the board. 5) Recommendation to approve a grant application for FY2010 Justice and Mental Health Collaboration Program in the amount of approximately $250,000 over two years from the U.S. Department of Justice, Bureau of Justice Assistance. If awarded, request authorization for the Collier County Sheriffs Office to accept the grant, approve associated budget amendments and enter into memorandum of understanding with David Lawrence Center, National Alliance on Mental Illness (NAMI) of Collier County, Prison Health Services and other partner organizations. To fund the planning and implementation of a reentry treatment program for women with co-occurring mental health and substance abuse problems K. COUNTY ATTORNEY 1) Recommendation to approve and accept as payment in full the settlement and settlement check received from the Farm Bureau Insurance of North Carolina on behalf of Leonardo Rodriguez and Maria Rodriguez in the amount of$7,533.69 and authorize the County Manager or his designee to execute the required release. For damages to an EMS vehicle as a result of a collision 2) Request for authorization to advertise an amendment to Ordinance No. 2009-02 to correct a scriveners error pertaining to the repeal of ordinances and resolutions pertaining to various inactive taxing districts located within Collier County. Due to the Port of the Islands CID remaining active 3) Recommendation that despite a potential conflict with Marcy Krumbine, that the County Attorney's Office continue to provide defense to Collier County and Physician Led Area Network (PLAN) in the lawsuit styled Deborah Dahlmanns v. PLAN and Marcy Krumbine, Case No. 09-79l5-CA Page 20 March 23, 2010 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 hearinl!: be held on this item, all participants are reQuired to be sworn in. Recommendation to approve Petition V AC- PL2009-l556, to disclaim, renounce and vacate the County's and the Public's interest in an unopened and unused 20-foot wide alley along the rear line of Lots I through 9 and II through 21, Block 54, New Market Subdivision, according to the Plat thereof as recorded in Plat Book I, Pages 104 and 105, of the Public Records of Collier County, Florida, situated in Section 3, Township 47 South, Range 29 East, Collier County, Florida, and being more specifically described in Exhibit A. Resolution 2010-62 B. Recommendation to adopt two ordinances which amend Ordinance No. 76- 57 (the general County Public Solicitors Ordinance), and Ordinance No. 87- 60, as amended (which regulates solicitation in the public right-of-way), 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. Ordinance 2010-12 (amending Ordinance #76-57) Ordinance 2010-13 (amending Ordinance #87-60) C. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. Page 21 March 23,2010 Resolution 2010-63 18. ADJOURN - Motion to Adjourn - Approved (Consensus) INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 22 March 23, 2010