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Backup Documents 12/14/2010 RecapCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AIRPORT AUTHORITY r111_111 �11 LA AGENDA December 14, 2010 9:00 AM Fred W. Coyle, BCC Chairman Commissioner, District 4 Georgia Hiller, BCC Commissioner, District 2 Jim Coletta, BCC Commissioner, District 5, CRAB Vice - Chairman Donna Fiala, BCC Commissioner, District 1, CRAB Chairman Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-539 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. 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. Page 1 December 14, 2010 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 3329 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Father Dwayne Varas - St. Paul's Episcopal Church B. Swearing in ceremony for Commissioner Hiller, District 2. The swearing in will be conducted by former State Representative Mary Ellen Hawkins and the Clerk of the Circuit Court, Dwight E. Brock. Members of the North Naples Fire District will provide an Honor Guard. Sworn in C. In honor of the swearing in of Commissioner Hiller, District 2, The Village School of Naples Chorale will perform a version of America the Beautiful. Performed 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 Page 2 December 14, 2010 B. October 26, 2010 - BCC /Regular Meeting Minutes Approved as presented - 510 C. November 1, 2010 - BCC /Tourist Development Council Workshop Approved as presented - 5/0 D. Selection of a Vice - Chairman of the Board of County Commissioners to temporarily serve until the January 11, 2011 Board meeting. Motion for Commissioner Hiller to serve as temporary Vice -Chair until January 11, 2011— Failed 2/3 (Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed); Motion for Commissioner Coletta to serve as temporary Vice -Chair until January 11, 2011 Approved — 510 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS — One motion taken to Adopt all Proclamations Withdrawn (Per Agenda Change Sheet) A. Proclamation recognizing December 14, 2010 as Congressman Mario Diaz - Balart Day. To be accepted by Congressman Mario Diaz - Balart. Sponsored by Commissioner Jim Coletta. B. Proclamation designating December 14, 2010 as The Ritz- Carlton Naples Day. To be accepted by Ed Staros, Vice President and Managing Director of the Ritz- Carlton Resorts of Naples. Sponsored by Commissioner Georgia A. Hiller. Adopted — 5/0 C. Proclamation recognizing Northgate Club Apartments for their continued contributions and efforts in recycling. To be accepted by Coleen Fernandez, Manager of Northgate Club Apartments, Dan Rodriguez, Solid Waste Management Director and staff. Sponsored by Commissioner Tom Henning. Adopted — 510 D. Proclamation designating November 30, 2010 as Conservancy of Southwest Florida Dalton Discovery Center Day. To be accepted by Troy Frensley, Conservancy of Southwest Florida. Sponsored by Commissioner Georgia A. Hiller. Adopted — 5/0 Page 3 December 14, 2010 5. PRESENTATIONS A. Presentation of the Collier County "Business of the Month" award to Moorings Park for December 2010. To be accepted by Dan Lavender, CEO. Presented B. Presentation of the Advisory Committee Outstanding Member of the Month to Maurice Gutierrez for his contribution to the Bayshore Beautification MSTU. Presented C. Presentation by Paradise Advertising and Marketing, Inc., to the Freedom Memorial Fund. Presented D. Recommendation to recognize Natalie Smith, Fiscal Technician, Utility Billing and Customer Service, as the Employee of the Month for October 2010. Presented E. Recommendation to recognize Michael Cox, Senior Operations Analyst, Administrative Services Division, as the Employee of the Month for November 2010. Presented F. Recognition of Awards to the Collier County Water Department; the 2010 Florida Department of Environmental Protection Plant Operations Excellence Award and the 2010 Florida Section American Water Works Association Water Distribution Award. Presented 6. PUBLIC PETITIONS A. Public Petition request by Randy Johns of Phoenix Associates of South Florida, Inc., requesting a 12 -month extension for the pylon sign at the Florida Sports Park. Motion allowing an extension until the bridge is widened or the land owner agrees to relocating the sign and staff to bring back as a future agenda item — Approved 510 Page 4 December 14, 2010 B. Public Petition request by Randy Johns of Phoenix Associates of South Florida, Inc., requesting a 48 -month payment plan for impact fees for New Hope Ministries. Staff to bring back at a future BCC Meeting with alternatives and issuing a Temporary CO — Approved 510 Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted 7. BOARD OF ZONING APPEALS A. Due to an advertising error with Item #711, this item has been continued to the January 11, 2011 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: A resolution amending Resolution Number 05 -235 (Development Order No. 05 -01), as amended, for The Town of Ave Maria Development of Regional Impact (DRI) located in Sections 31 through 33, Township 47 South, Range 29 East and Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East in Collier County, Florida; by providing for: Section One, amendments to Development Order by revising Exhibit C: SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b, to relocate Town Center 2b to Oil Well Road and to relocate an access point on Oil Well Road; Section Two, Findings of Fact; Section Three, Conclusions of Law; and Section Four, Effect of Previously Issued Development Orders, transmittal to Department Of Community Affairs and effective date. (Petition DOA- PL2010 -1751) [Companion to SRAA- PL2010-1988](CTS) B. Due to advertising error, this item is continued to the January 11, 2011 BCC Meeting. This item requires all participants be sworn in and ex parte disclosure be provided by Commission members: A Resolution amending Resolution Numbers 2004 -89 and 2005 -234A for the Town of Ave Maria Stewardship Receiving Area to revise the SRA Master Plan to divide Town Center 2 into Town Center 2a and Town Center 2b; relocate Town Center 2b to Oil Well Road and relocate an access point on Oil Well Road. Property located north of Oil Well Road and west of Camp Keais Road in Sections 31 through 33, Township 47 South, Range 29 East & Sections 4 through 9 and 16 through 18, Township 48 South, Range 29 East, Collier County, Florida. (Petition SRAA- PL2010- 198 8)[Companion : DOA- PL2010 -1751] Page 5 December 14, 2010 8. ADVERTISED PUBLIC HEARINGS A. This item continued from the November 9, 2010 BCC meetin2 at staff's request. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Collier Davis, LLC, represented by Robert Andrea of Coastal Engineering Consultants, Inc., is requesting a rezone from the Estates (E) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as the Davis Reserve MPUD to allow for the development of a maximum of 234 dwelling units including affordable housing and a maximum of 35,000 square feet of commercial retail and office uses. The subject property, consisting of 22.83 acres, is located in the southeast quadrant of the intersection of Davis Boulevard and County Barn Road, in Section 8, Township 50 South, Range 26 East, Collier County, Florida. (Related to Item #I 6A4) Withdrawn by petitioner; Motion directing staff to prepare a Board initiated Comprehensive Plan Amendment after which time the petitioner will return with a (PUD) Rezone request that includes removing affordable housing and commercial elements and limiting density to a maximum of five (5) units per acre — Approved 510 B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members; PUDA- 2007 -AR- 11961: Voila, II, LLC, represented by Margaret Perry, of WilsonMiller, Inc. and Richard Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., is requesting an amendment to Sonoma Oaks Mixed Use Planned Unit Development (MPUD) to allow a maximum of 114 residential dwelling units and /or a maximum of 456 senior housing units on the residential portion and up to 120,000 square feet of commercial development and/or senior housing units at a floor area ration (FAR) of 0.60 on the 8.93 acre commercial portion of this 37.5 acre total project. Senior housing units include independent living facilities, assisted living facilities and/or skilled nursing facilities. The subject property is located on the west side of Collier Boulevard (CR 95 1) between Wolfe Road and Loop Road, in Section 34, Township 48 South, Range 26 East, Collier County, Florida.(CTS) Ordinance 2010 -48 Adopted w /changes — 510 C. Recommendation to approve Remedial Amendments to the Growth Management Plan, Ordinance 89 -05, as amended, to implement a previously approved Compliance Agreement between the Florida Department of Page 6 December 14, 2010 Community Affairs and Collier County, including Petitioners -in- Intervention, pertaining to Section 24 in North Belle Meade. Ordinance 2010 -49 Adopted — 5/0 D. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee studies entitled the Collier County General Government Buildings Impact Fee Update Study and the Collier County Library Facilities and Items /Equipment Impact Fee Update; amending the Library Impact Fee rate schedule, which is Schedule Eight of Appendix A, in accordance with the findings of the update study, which provides for a reduction in rates; amending the General Government Building Impact Fee rate schedule, which is Schedule Nine of Appendix A, as set forth in the update study, which provides for a reduction in rates; and providing for an effective date of December 20, 2010. Ordinance 2010 -46 Adopted — 510 E. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the incorporation by reference of the impact fee studies entitled the Collier County Law Enforcement Impact Fee Study Final Report and amending the Law Enforcement Impact Fee rate schedule, which is Schedule Ten of Appendix A to allow for a phased implementation of the rates. Ordinance 2010 -47 Adopted w /phasing — 5/0 9. BOARD OF COUNTY COMMISSIONERS A. Status report on the potential Jackson Laboratory Project. (Commissioner Coyle) Presented B. This item to be heard at 3:00 p.m. In light of the recent letter from the State of Florida Director of Office of Tourism and Economic Development pointing out Jackson Labs has failed to apply for funding, I will call for a motion on December 14, 2010 to stop wasting County staffs time and taxpayer's money on Jackson Labs. The Jackson Labs local funding has divided the community and it's time to put this issue behind us and move Page 7 December 14, 2010 forward by continuing doing what local government does best, provide service to its residents. (Commissioner Henning) Motion for staff to not engage in any further discussion or negotiations with Jackson Labs until an application is submitted to the State by Jackson Labs — Fails 2/3 (Commissioner Coyle, Commissioner Fiala and Commissioner Coletta opposed) C. Request to reconsider Agenda Item Number l OD which was previously approved by the Board of County Commissioners at the October 26, 2010 BCC Meeting regarding the proposed vertical expansion of the Collier County Landfill. (Commissioner Henning) Motion to reconsider — Fails due to lack of a second D. Request to reconsider Agenda Item Number l0E which was previously approved by the Board of County Commissioners at the October 26, 2010 BCC Meeting regarding the North Collier Recycling Drop Off Center. (Commissioner Henning) Motion to reconsider — Fails 2/3 (Commissioner Fiala, Commissioner Coyle and Commissioner Coletta opposed) E. Request to reconsider Agenda Item Number l OH which was previously approved by the Board of County Commissioners at the October 26, 2010 BCC Meeting regarding North Naples Fire Control and Rescue District's Application for COPCN. (Commissioner Henning) Motion to reconsider and bring back at the next BCC Meeting following the Blue Ribbon Committee's final report — Approved 510 F. Request by Florida Association of Counties to fill a vacancy on the Board for District #37. (Commissioner Coyle) Motion to Appoint Commissioner Fiala — Approved 5/0 G. Appointment of member to the Environmental Advisory Council. Resolution 2010 -240: Appointing Gina Downs — Adopted 5/0 H. Appointment of member to the Consumer Advisory Board. Resolution 2010 -241: Appointing Gary McNally — Adopted 510 I. Appointment of a member to the Affordable Housing Advisory Committee. Resolution 2010 -242: Appointing Gina Downs — Adopted 510 Page 8 December 14, 2010 J. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. Resolution 2010 -243: Appointing Kevin Walsh, Thomas Decker and Joseph Langkawel — Adopted 5/0 K. Appointment of member to the Collier County Coastal Advisory Committee. Resolution 2010 -244: Appointing Randolph M. Moity — Adopted 510 L. Appointment of a member to the Collier County Citizens Corps. Resolution 2010 -245: Re- Appointing Douglas Porter — Adopted 510 M. Appointment of members to the Immokalee Enterprise Zone Development Agency. Resolution 2010 -246: Appointing Lieutenant Dan Lee with the Collier County Sheriffs Office (Local Law Enforcement Representative) and Daniel Rosario with Seminole Casino (Local Business Representative) Adopted — 510 10. COUNTY MANAGER'S REPORT A. Recommendation that the Board of County Commissioners provide direction to staff on selection of preferred alternative to address access to E's Country Store on Oil Well Road, currently under construction. (Norman Feder, Administrator, Growth Management) Motion approving Alternative #5 (Modified Alternative #4) that will be presented to the County Attorney's Office and reviewed by the Board's Chairman — Approved 510 B. Due to an advertising error with Item #7B, this item has been continued to the January 11, 2011 BCC Meeting and will be heard after Items #7A and #7B. Recommendation to approve for recording the final plat of Eastern Collier Research Park Unit 18, approve the standard form Construction and Maintenance Agreement and approve the amount of performance security. (Nick Casalanguida, Deputy Administrator, Growth Management Division) C. Recommendation to approve proposed amendments to Collier County Ordinance 92 -60, as amended (Tourist Development Tax) and advertise the proposed amended Ordinance for approval at a future meeting to reduce the Tourism Emergency Reserve Fund 196 ceiling and eliminate the year end sweep of funds from Tourism Administration Fund 194 to Fund 195 and Page 9 December 14, 2010 183, and redirect those funds to Tourism Promotion Fund 184 for tourism destination marketing and authorize all necessary budget amendments. (Jack Wert, Tourism Director) Approved — 5/0 D. This item to be heard at 11:30 a.m. Presentation of the 2010 countywide affordable housing inventory. (Michele Mosca, Principal Planner, Land Development Services Dept., Growth Management Division) Motion for staff to incorporate data in future EAR based planning and provide the Board an affordable housing annual report — Approved 510 E. Recommendation to award Bid Number 10 -5596, SRO Wellfield Raw Water Transmission Main Repair to Mitchell & Stark Construction Company, Inc., in the amount of $1,812,000 complete the first stage of Phase IV of the South Reverse Osmosis Wellfield Raw Water Transmission Main Repair Project, Project No. 70030. (Jim DeLony, Public Utilities Administrator) Approved — 5/0; Direct staff to create new language to be written into the purchasing policy and brought back at a future BCC Meeting F. Recommendation to award Contract #10 -5599 to Stantec Consulting Services, Inc., in the amount of $341,534, for Construction Engineering Inspection Services for the first stage of Phase IV of the South Reverse Osmosis Wellfield Raw Water Transmission Main Repair Project, Project No. 70030. (Jim DeLony, Public Utilities Administrator) Approved — 510 G. Recommendation to award Contract #10 -5593 West Eustis Avenue Stormwater Improvements to South West Utility, Inc. in the amount of $266,188 plus a ten (10) percent contingency of $26,618.80 totaling $292,806.80, Project No. 51024. (Jay Ahmad, Director, Transportation Engineering) Approved w /stipulations — 510 Moved from Item #16A8 (Per Agenda Change Sheet) H. Recommendation to direct staff to amend the Collier County Land Development Code to allow one sandwich board at the entrance door of a business establishment. Approved w /changes — 4/1 (Commissioner Coyle opposed) Moved from Item #16A25 (Per Agenda Change Sheet) Page 10 December 14, 2010 I. Recommendation to review and accept the Ave Maria Stewardship District Five -Year Fiscal Monitoring Report. Motion to continue and request the Clerk of Courts to review the report and return with findings at a future Board Meeting Approved — 5/0 Moved from Item #16E6 (During Agenda Changes per Commissioner Henning) J. Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. Approved — 5/0 Moved from Item #16E8 (During Agenda Changes per Commissioner Henning) K. Recommendation to award Bid #10 -5581 - Motor Oils, Lubricants, and Fluids to Combs Oil Company as primary vendor and Evans Oil Company LLC, Florida Detroit Diesel- Allison Inc., and Palmdale Oil Company, Inc. as secondary vendors with total expenditures estimated at $80,000 annually. Approved w /changes — 5/0 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. Recommendation for the Collier County Board of County Commissioners (BCC) acting as the Community Redevelopment Agency (CRA) to authorize the creation of a grant funded Full Time Employee (FTE) position ( Immokalee Business Development Center (IBDC) Manager) for Fiscal Year 2011 and hire a qualified applicant. Approved — 4/0 (Commissioner Henning absent) B. Recommendation to approve a partnership between Community Redevelopment Agency and the Immokalee Housing Collaborative (Collier County Housing Authority, Empowerment Alliance of Southwest Florida, Immokalee Housing and Family Services & I HOPE) to update the 2004 Immokalee Housing Condition Inventory (to include mobile homes); Page 11 December 14, 2010 authorize expenditure of $22,000 from Fund 186 to pay just over 50% of the total costs of the project, and authorize any necessary budget amendments. Approved — 510 C. Recommendation to approve the price structure for the Immokalee Airport proposed by the Airport Executive Director pursuant to the authority delegated in Ordinance 10 -10 and the Airport Administrative Code and apply said structure to Cross Country Soaring. Approved — 5/0 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. County Manager Ochs — Workshop w /Naples City Council in January, 2011 B. Commissioner Coyle — Direct County Attorney's Office to confirm whether a majority or simple - majority is needed on agenda items C. Commissioner Coletta — November's Arthrex event D. Commissioner Coletta — Upcoming Washington trip: topics to discuss E. Commissioner Coletta — November I -75 Interchange Meeting summary F. Commissioner Henning — Regarding landfill opportunities G. Commissioner Henning — Motion to Adjourn — Approved 5/0 --------------------------------------------------------------------------------------------------------- 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 Funding Agreement No. HGMP 1785 - 027-R with the Florida Division of Emergency Management in the amount of $49,200 providing funding assistance to the Lely Area Stormwater Improvement Project (LASIP) Haldeman Creek Stormwater Improvement and Lock Louise Weir Reconstruction project and approve all necessary budget amendments recognizing revenue for the project. To partially fund engineering, design and permitting for the project for Contract #11HM- 3E- 09 -21 -01 -004 Page 12 December 14, 2010 2) Report on the status of compliance efforts by Queen's Park Community Services Association, Inc. pursuant to Board direction on January 12, 2010. A Compliance Notification Letter was mailed October 12, 2010 regarding code violations that have since been abated for Folio #69010000028 3) Recommendation to approve final acceptance of the water utility facility for Cortile at Mediterra, Parcel 118, 16971 Cortile Drive and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developers designated agent. With Release of any Utilities Performance Security (UPS) 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Heritage Bay Clubhouse, Phase A, 10154 Heritage Bay Boulevard and to authorize the County Manager, or his designee, to release any Utilities Performance Security to the Project Engineer or the Developers designated agent. With Release of any Utilities Performance Security (UPS) 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. This is a recommendation to approve for recording the final plat of Faith Landing, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. With Stipulations 6) Recommendation to grant final approval of the roadway and drainage improvements for the final plat of City Gate Commerce Center, Phase One with the roadway and drainage improvements within Tract R -2 being privately maintained, and Tract R -1 being maintained by Collier County and authorizing the release of the maintenance security. Resolution 2010 -227; With Release of the Maintenance Security 7) Recommendation for the County Manager or designee to permit removal of existing seawall and dune restoration without requiring applicant to amend the Coastal Construction Control Line Variance Page 13 December 14, 2010 Resolution 82 -179 Located at 9653 Gulfshore Dr., Naples - Folio #25730040001 Moved to Item #10H (Per Agenda Change Sheet) 8) Recommendation to direct staff to amend the Collier County Land Development Code to allow one sandwich board at the entrance door of a business establishment. 9) 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. This is a recommendation to approve for recording the final plat of Johnnycake Cove, Lot 8 Replat. Developer must receive a certificate of Adequate Public Facilities prior to issuance of the final approval letter 10) 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. This is a recommendation to approve for recording the final plat of Berkshire Commons Parcels 3A & 3B. Developer must receive a certificate of Adequate Public Facilities prior to issuance of the final approval letter 11) Recommendation to approve an impact fee reimbursement requested by Bayfront, Inc. totaling $193,454.24, due to the cancellation of two building permits. Request for reimbursement submitted on September 30, 2010 for City of Naples Building Permits #403 -774 and #403 -745 12) Recommendation to approve an Encroachment Agreement for Lot 17, Grey Oaks Unit Nineteen. With the dedicated easement to Grey Oaks Homeowner's Association responsible for maintenance at 2940 Bellflower Lane 13) Approve the scrivener's error updating the information contained in Change Order No. 7 6 for the agreement between Collier County and Van Buskirk, Ryffel and Associates Inc. Correcting a Change Order to Contract #45 -88581 approved at the October 26, 2010 BCC Meeting (Agenda Item #16A4) Page 14 December 14, 2010 14) Recommendation 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 Affordable Housing Impact Fee Deferral Program, as set forth by Section 74 -401 of the Collier County Code of Laws and Ordinances, and the Charitable Organization Impact Fee Deferral Program, as set forth by Section 74- 203 (i) of the Collier County Code of Laws and Ordinances. For the First Assembly of God of Naples 15) Recommendation to award Bid #10 -5507 Storm Drain Cleaning, Documenting & Repairs to Shenandoah General Construction Company for an estimated annual expenditure of $100,000. For all County maintained storm drains 16) Recommendation to approve Funding Agreement No. 4600002213 with the South Florida Water Management District in the amount of $775,000 providing funding assistance with two (2) Stormwater projects and to approve an agreement with the Collier Soil and Water Conservation District necessary to facilitate funding assistance with the second of the two projects and authorize the necessary budget amendments. For Northwest Royal Wood Culvert and Whitaker Road improvements and completing Phase 2 of the Northern Golden Gate Estates Flow Way Restoration Plan 17) Recommendation to authorize a budget amendment to recognize carry forward for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $4,350. For a Traffic Impact Study (TIS) and Planned Unit Development (PUD) Monitoring /Traffic Counts Payment -in -Lieu Projects 18) Recommendation for the Board of County Commissioners to enter into a Landscape Maintenance Agreement with The Shores at Berkshire Lakes Master Homeowners Association, Inc. for work performed along Easement along Santa Barbara and Radio Road (hereinafter referred to as Easement). For landscaping along the noise wall Page 15 December 14, 2010 19) Recommendation to approve proposed route modifications and implement the previously approved secondary transfer station at Collier Area Transit Facility on 8300 Radio Road. 20) Recommendation to accept a Federal Transit Administration Section 5310 FY2010 /2011 grant award in the amount of $230,115; utilize the unspent portion of the FY2009/2010 Federal Transit Administration Section 5310 grant award totaling $30,570 and approve the purchase of three (3) paratransit vehicles in the total amount of $260,688. For replacement of vehicles that were purchased in 2006 that meet the vehicle end of useful life criteria according to the FTA 21) Recommendation to approve a Resolution authorizing the execution and submittal of the Federal Transit Administration Section 5311 FY2011 /2012 grant application and applicable document. Resolution 2010 -228 22) Recommendation to approve a Resolution authorizing the submittal of the Federal Transit Administration Section 5310 FY2011/2012 grant application and applicable document which can only be used for capital expenditures of bus purchases. Resolution 2010 -229 23) This item was omitted from the agenda index. 24) Recommendation to approve two (2) Adopt -A -Road Program Agreements for Lake Trafford Road from SR 29 to Carson Road, for the volunteer group, Immokalee High School College Reach Out Program and for Lake Trafford Road from Carson Road to Little League Road, for the volunteer group Immokalee High School Future Business Leaders of America, with a total of four (4) recognition signs at a total cost of $300. 25) Recommendation to review and accept the Ave Maria Stewardship District Five -Year Fiscal Monitoring Report. B. COMMUNITY REDEVELOPMENT AGENCY 1) Recommendation that the Community Redevelopment Agency (CRA) and Board of County Commissioners (BCC) approve a joint Page 16 December 14, 2010 CRA /BCC Walkable Community Study, and jointly submit the study to the Collier Metropolitan Planning Organization (MPO) for inclusion into the Collier County MPO Pathways Master Plan. Consisting of a mix of land uses, well connected street network with bus stops, sidewalks, bicycle lanes, and mixed use trails. A place where one can safely and efficiently get to the store, school, park or other destinations in the neighborhood without a vehicle 2) Recommendation for the Community Redevelopment Agency (CRA) to approve and execute a Shoreline Stabilization Grant Agreement between the CRA and a Grant Applicant within the Bayshore Gateway Triangle area. (2736 Riverview Drive and 2772 Riverview Drive, total of $9,725) To restore rip -rap and rebuild the shoreline bank C. PUBLIC UTILITIES 1) Recommendation to award a construction contract in the amount of $714,765 for the North County Regional Water Treatment Plant Variable Frequency Drive Upgrades to Gulf Coast Construction of Naples, Inc., Bid Number 10 -5563 Project Number 71063. Meeting operational and reliability needs and demands for potable water and purchase & install new VFD's to control pumps 2) Recommendation to approve a Work Order under Contract #08 -5011 Underground Utilities Contracting Services in the amount of $373,800 to Haskins, Inc.; Project #73307. For the repair and upgrading of the wastewater pumping stations at Lely Barefoot and Willoughby Acres 3) Recommendation to execute the Equipment Security Agreement to secure the payment plan debt between Fine & Dandy Service, Inc., d/b /a NAPKING, and the Collier County Water -Sewer District as a one -time exception to the Consolidated Impact Fee Ordinance, Ordinance No. 2001 -13, as amended, for the wastewater impact fee and the Allowance for Funds Prudently Invested fee for building Permit Number 2010070017. As detailed in the Executive Summary Page 17 December 14, 2010 D. PUBLIC SERVICES 1) Recommendation to approve award for Invitation to Bid (ITB) #10- 5597 for Concession Stand Food Products to Cheney Brothers Inc. Estimated expenses of $100,000 annually. A commercial food supplier that will be able to provide a variety of food products, packaged food and supplies for the concession stands at North Collier Regional Park 2) Recommendation to approve and authorize the Chairman to sign an amendment to the Community Housing Development Organization (CHDO) Set -Aside Funds Subrecipient Agreement with Florida Non - Profit Services, Inc. (FNPS) approved on July 27, 2010. This project was previously approved to purchase and rehabilitate a single family home in Immokalee. This amendment is to update language in Exhibit A, which includes Section A- the Scope, Section B- the Budget, Section C- the Work Plan, and Section D- the Payment Schedule to contain updated terms and to revise Exhibit C, containing additional grant requirements. This project will continue to meet the original objective approved on July 27, 2010. Contract #M- 09 -UC -12 -0217 3) Recommendation to approve and authorize the Chairman to sign the Letter of Understanding with Larry Ray, Collier County Tax Collector, outlining Tax Collector and Library joint use facility in Everglades City, Florida. The Library will provide all equipment /supplies needed to circulate library materials to the public moving the Library out of Everglades City Hall 4) Recommendation to approve and authorize the Chairman to sign a Mortgage and Note Modification Agreement with Creative Choice Homes XIV, Ltd. to extend the term of a State Housing Initiative Partnership program loan for an additional eight years. The new maturity date will be November 1, 2018. Petitioner discussed item September 14, 2010, Agenda Item #61) in which the Board approved an extension of eight (8) years 5) Recommendation to approve and authorize the Chairman to sign an amendment to the 2008 -2009 Community Development Block Grant Page 18 December 14, 2010 (CDBG) Subrecipient Agreement with the City of Naples approved on October 27, 2009. This amendment is to revise Exhibit A, Sections B- the Budget and C -the Project Milestone Schedule, in order to facilitate reimbursement. Contract #B- 08 -UC -12 -0016 Amendment #1 for the River Park Community Center 6) Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010 Community Development Block Grant (CDBG) Subrecipient Agreement with the City of Naples approved on September 15, 2009 (Item #I 6D9). This amendment is to revise Exhibit A, Sections B and C, to update budget information and extend project milestone schedule dates in order to facilitate reimbursement. Amendment #1 to Grant #B- 09 -UC -12 -0016 for the City of Naples Park Creation 7) Recommendation to approve and authorize the Chairman to sign one (1) Subrecipient Agreement for a Community Development Block Grant (CDBG) project previously approved for Department of Housing and Urban Development (HUD) funding in the 2010 -2011 Action Plan. With the David Lawrence Mental Health Center 8) Recommendation to approve payment of $600 administrative fine to the Florida Department of Environmental Protection for violation of Florida Administrative Code #62- 296.401, which provides regulatory guidelines for Air General Permits. For temperatures of the DAS cremator that dipped below the minimum required temperature of 1600 degrees 9) Recommendation to approve and authorize the Chairman to sign an amendment to the 2009 -2010 Emergency Shelter Grant (ESG) Subrecipient Agreement with the Shelter for Abused Women & Children (SAWCC) approved on September 15, 2009. This amendment is to revise Exhibit A Sections A -the Scope, B -the Budget, and C -the Project Milestone Schedule to contain updated budget information in order to facilitate reimbursement. For Contract #5- 09 -UC -12 -0024 Page 19 December 14, 2010 10) Recommendation to provide after the fact approval for the submittal of the Fiscal Year 2010 Continuum of Care (CoC) Grant application in the amount of $413,441 to the U.S. Department of Housing and Urban Development (HUD) for CoC programs assisting and benefiting the homeless population in Collier County. This grant application has no effect on ad valorem or general fund dollars. For the continuum of care benefiting the homeless of Collier County provided by the Collier County HHVS, the Shelter for Abused Women & Children, St. Matthews House and Collier County Housing Authority Projects 11) Recommendation to approve and authorize the Chairman to sign a subrecipient agreement providing for a $35,000 State Housing Initiatives Program (SHIP) grant to the Housing Development Corporation of SW Florida, Inc. (HDC). This agency will provide Homebuyer Education Counseling and Pre - Purchase, Extended Credit and/or Foreclosure Prevention Counseling to benefit persons earning less than 120% of Family Median Income of Collier County. For a minimum of 100 persons awarded for January 1, 2011 thru December 31, 2011 12) Recommendation to provide after the fact approval for the submittal of a 2011 Older Americans Act Grants in the Services for Seniors Program sponsored by the Area Agency on Aging of Southwest Florida and approve the necessary budget amendments totaling $545,000. Meeting the needs of the frail elderly in Collier County 13) Recommendation to approve a Resolution of the Board of County Commissioners of Collier County, Florida supporting the County's Four Grant Applications to the Florida Department of Environmental Protection (FDEP) for Long Range Grant Funding Requests for Fiscal Year 2011 -2012 and authorization of any necessary budget amendments. Resolution 2010 -230 E. ADMINISTRATIVE SERVICES 1) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2011 in the amount of Page 20 December 14, 2010 $687,648, a reduction of 28.7 %. Protecting the Group Health Fund from catastrophic losses 2) Recommendation to award RFP# 10 -5442, Group Insurance Brokerage and Actuarial Services to Will is of Tennessee, Inc., d/b /a Willis of Florida in the estimated amount of $94,000 per year. Providing group insurance brokerage, consulting and actuarial services of the county's insurance program 3) Recommendation to accept the Fiscal Year 2010 Grant Report providing an annual update of grant funding activity. 4) Recommendation to accept the deed and approve transfer of title to Habitat for Humanity upon payment of all County taxes, assessments, and Code Enforcement hard costs relating to property located at 5408 Carlton Street, Collier County, Florida. Folio #62100120008 5) Recommendation to approve a Resolution revising the Board of County Commissioner's Policy for Operation of Lake Trafford Memorial Gardens, by updating the cremation policy language for unclaimed and unclaimed indigent deceased in Collier County. Resolution 2010 -231 Moved to Item #10J (During Agenda Changes Per Commissioner Henning) 6) Recommendation to accept reports and ratify staff - approved change orders and changes to work orders. Moved to Item #10K (During Agenda Changes Per Commissioner Henning) 7) Recommendation to award Bid #10 -5581 - Motor Oils, Lubricants, and Fluids to Combs Oil Company as primary vendor and Evans Oil Company LLC, Florida Detroit Diesel - Allison Inc., and Palmdale Oil Company Inc. as secondary vendors with total expenditures estimated at $80,000 annually. 8) Recommendation to ratify Items #6, #9 and #10 from the November Administrative Change Order Report. For the period of September 21, 2010 thru October 18, 2010 Page 21 December 14, 2010 9) Recommendation to develop regulations relating to public use of County lands designated as preserves and to provide user fees for private events conducted at preserves. Identifying types of public uses appropriate for County owned preserve lands F. COUNTY MANAGER OPERATIONS 1) Recommendation to approve the annual renewal of a Certificate of Public Convenience and Necessity for Advanced Life Support Transport for the Collier County Emergency Medical Services Department and authorize the Chairman to execute the Emergency Services Permit and Certificate. Requires renewal each year 2) Recommendation that the Board of County Commissioners review and approve the Fiscal Year 2011 Strategic Plan for the Naples, Marco Island, Everglades Convention and Visitors Bureau (CVB) and approve all necessary budget amendments. 3) Recommendation to approve Contract Amendment #1 for Contract #09 -5321 Tourism Grant Agreement with Marco Island Historical Society and Collier County to extend the agreement until September 305 2011 and authorize the Chairman to execute the contract amendment. For museum displays and exhibits 4) Recommendation to adopt a resolution approving amendments (appropriating grant, donations, contributions or insurance proceeds) to the Fiscal Year 2010 -11 Adopted Budget. Resolution 2010 -232 5) Recommendation to accept report to the Board of County Commissioners covering Budget Amendments from reserves in the amount less than $25,000. BA #11 -054 G. AIRPORT AUTHORITY Page 22 December 14, 2010 H. BOARD OF COUNTY COMMISSIONERS 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Friends of the Library Annual Casino Night on November 5, 2010 in Naples, FL. $35 to be paid from Commissioner Fiala's travel budget. Held at St. Katherine's Greek Orthodox Church, located at 7100 Airport - Pulling Road, Naples 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 2010 Golden Gate Citizen of the Year event at Vanderbilt Country Club, Naples, FL on November 11, 2010. $40 to be paid from Commissioner Fiala's travel budget. Located at 8250 Danbury Drive, Naples 3) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the SCORE Annual Recognition Luncheon on December 6, 2010 in Naples, FL. $30 to be paid from Commissioner Coletta's travel budget. Held at Bear's Paw Country Club, 2500 Golden Gate Parkway, Naples 4) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Historical Society Holiday Party and Annual Meeting on December 7, 2010 in Naples, FL. $20 to be paid from Commissioner Fiala's travel budget. Located at 180 South Heathwood Drive, Marco Island 5) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Monthly Luncheon at Hamilton Harbor Yacht Club on November 18, 2010 in Naples, FL. $18 to be paid from Commissioner Fiala's travel budget. Located at 7065 Hamilton Ave., Naples Page 23 December 14, 2010 6) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Service Corps of Retired Executives (SCORE) Annual Program Kickoff and Recognition Luncheon on December 6, 2010 at Bear's Paw Country Club in Naples, FL. $30 to be paid from Commissioner Fiala's travel budget. Located at 2500 Golden Gate Parkway, Naples 7) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Chamber of Commerce Christmas Gala on December 5, 2010 on Marco Island, FL. $75 to be paid from Commissioner Fiala's travel budget. Held at Bistro Soleil, located at 100 Palm Street, Marco Island 8) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended 25th Anniversary Ritz Carlton, Naples event on December 3, 2010 in Naples, Florida. $25 to be paid from Commissioner Henning's travel budget. Located at 208 Vanderbilt Beach Road, Naples 9) Commissioner Coletta requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Commissioner Coletta attended the Leadership Collier Alumni Holiday event on December 9, 2010 in Naples, Florida. $35 to be paid from Commissioner Coletta's travel budget. Located at Hilton Naples, 5111 Tamiami Trail N., Naples I. MISCELLANEOUS CORRESPONDENCE J. OTHER CONSTITUTIONAL OFFICERS 1) To obtain Board approval for disbursements for the period of October 30, 2010 through November 5, 2010 and for submission into the official records of the Board. 2) To obtain Board approval for disbursements for the period of November 6, 2010 through November 12, 2010 and for submission Page 24 December 14, 2010 into the official records of the Board. 3) To obtain Board approval for disbursements for the period of November 13, 2010 through November 19, 2010 and for submission into the official records of the Board. 4) To obtain Board approval for disbursements for the period of November 20, 2010 through November 26, 2010 and for submission into the official records of the Board. 5) Recommendation to accept the report of interest for the fiscal year ending September 30, 2010 pursuant to Florida Statute 218.78 and Purchasing Policy XII.E. For the year ended September 30, 2010 no interest was paid. K. COUNTY ATTORNEY 1) Recommendation to approve a Retention Agreement for legal services on an as needed basis with the law firm of Bryant, Miller and Olive to meet County Purchasing Policy contract update requirements. 2) Recommendation to adopt a Resolution designating the proposed North Collier Recycling Drop -Off Center, as the North Collier Recycling Drop -Off Center /John A. Yonkosky Building. Resolution 2010 -233 3) Recommendation to approve a Stipulated Final Judgment in the amount of $27,000 for Parcels 168FEE and 168TCE in the lawsuit styled Collier County v. Scott Faunce., et al., Case No. 10- 2684 -CA (Collier Blvd. Project No. 68056) (Fiscal Impact $22,905) For the expansion of Collier Blvd. from Green Blvd. to Golden Gate Blvd. 4) Recommendation to approve a Stipulated Final Judgment in the amount of $241,000 for Parcel 125FEE in the lawsuit styled Collier County v. Pascal J. Murray, et. al., Case No. 07- 4784 -CA (Santa Barbara Boulevard Extension Project #60091 (Fiscal Impact $44,471). For the construction of a roadway Page 25 December 14, 2010 5) Recommendation to approve a Stipulated Final Judgment in the amount of $29,250 for Parcels 159FEE and 159TCE in the lawsuit styled Collier County v. Timothy Maloney., et al., Case No. 10-2690 - CA (Collier Blvd. Project No. 68056) (Fiscal Impact $18,750.50) For a Temporary Construction Easement 6) Request by the Collier County Health Facilities Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Moorings Park. Resolution 2010 -234 7) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds for healthcare facilities at Naples Community Hospital. Resolution 2010 -235 8) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue bond anticipation notes for healthcare facilities for a continuing care retirement facility known as The Arlington of Naples. Resolution 2010 -236 9) Recommendation to authorize an amendment to Ordinance No. 75 -16, as amended, relating to the meetings of the Board of County Commissioners, clarifying the timeframe for the election of a Chairman and/or Vice - Chairman, as applicable, after the General Election and designating who shall serve as the temporary Chairman in the absence of the Chairman and Vice Chairman with respect to all matters outside of meetings. 10) Authorize the County Attorney's Office to make an Offer of Judgment to Respondent, DDRM Countryside, LLC, in the amount of $155,001 for the acquisition of Parcels 105 and 705 in the lawsuit styled Collier County v. Highland Properties of Lee and Collier Limited, et al., Case No. 06- 0563 -CA (Santa Barbara Boulevard Project #62081). (Fiscal Impact: $35,101 if accepted). Located at the corner of Radio Rd. & Santa Barbara Blvd. Intersection — Folio #28530360001 Page 26 December 14, 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. Recommendation to approve Petition VAC- PL2010 -772, to disclaim, renounce and vacate the County's and the Public's interest of an unused utility easement located over a portion of Lot 18 on the plat of Erinwood Phase One, a subdivision according to the Plat thereof as recorded in Plat Book 15, Pages 3 and 4, of the Public Records of Collier County, Florida, situated in Section 8, Township 49 South, Range 26 East, Collier County, Florida, and being more specifically depicted and described in Exhibit A with the condition that a temporary construction easement to the Water - Sewer District to access the utility facilities, upon request, will be granted and run with land. Resolution 2010 -237 B. Recommendation to approve a resolution of the Board of County Commissioners of Collier County, Florida, designating the Close -Out of ten (10) adopted Planned Unit Developments (PUDs) which have fully completed development pursuant to their development orders constructing up to the authorized density and /or intensity and have been found by county staff to be compliant with their specific developer commitments. Resolution 2010 -238 C. Recommendation to adopt an Ordinance amending Ordinance No. 92 -60, as amended, (Tourist Development Tax) to reallocate on a one -time basis $1,000,000 from TDC Category A Beach Park Facilities Fund 183 to Tourism Promotion Fund 184 for tourism destination marketing and authorize all necessary budget amendments. Ordinance 2010 -44 Page 27 December 14, 2010 D. Sheriff request to the Board of County Commissioners to adopt a County ordinance establishing a moratorium on the establishment of new pain management clinics within Collier County while the County Attorney's Office and County Staff, working with the Sheriff and other community partners, analyze the needs and bring back to the Board at a future advertised public meeting an ordinance that restricts or regulates pain management clinics. Ordinance 2010 -45 E. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2010 -11 Adopted Budget. Resolution 2010 -239 18. ADJOURN — Approved 5/0 INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252 -8383. Page 28 December 14, 2010