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Agenda 09/15/2009 Agenda Index COLLIER COUNTY MINUTES & RECORDS T. MORGAN 4'1'11 FLOOR (call 8399 for pIn) FP: 3 IND: 0 CY:O BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) D,,",\J"II;" . ~~., ,j'~T:;.. . ~ ,.. ,. () ~",..~ 1.'\ AGENDA September 15, 2009 9:00 AM Donna Fiala, BCC Chairman Commissioner, District 1; CRAB Vice Chairman Fred W. Coyle, BCC Vice- Chairman Commissioner, District 4 Jim Coletta, BCC Commissioner, District 5; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Tom Henning, BCC Commissioner, District 3 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM 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." 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 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) B. July 27,2009 - Value Adjustment Board Meeting C. July 28,2009 - BCC/Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards: 10 Years - Maurice Gutierrez, Bayshore Beautification MSTU Advisory Committee 4. PROCLAMATIONS A. Proclamation congratulating Aggie and Marius Krolczynski on the birth of their son Ethan Gregory who was delivered at the Big Corkscrew Fire Station by members of EMS and the Fire Service, who are also honored here today. To be accepted by Aggie and Marius Krolczynski and representatives of Collier County EMS and Big Cypress Fire Department. B. Proclamation designating September 15, 2009 as the Partner Day for the 2010 Census, demonstrating Collier County's commitment to this important process. To be accepted by Marcela Rice, Partnership Specialist, U.S. Census Bureau. C. Proclamation designating September 26,2009 as Naples News Media Group Day. To be accepted by Naples News Media Group Management. 5. PRESENTATIONS A. Recommendation to recognize Russell Greer, Laboratory Technician, Water Department, as Employee of the Month for August 2009. B. A presentation to the North Naples Firefighters Union to recognize their contribution of $5,000 for the Freedom Memorial, and a presentation to Physicians Regional Healthcare System to recognize their contribution of $5,000 for the Freedom Memorial. Presentations by Commissioner Coyle. C. Presented by Florida Department of Transportation (FDOT) to David Buchheit, Chairman of the CTST (Community Traffic Safety Team). Collier County's Community Traffic Safety Team was awarded third place honors out of 52 community traffic safety teams from across the state during the 2009 Florida Law Enforcement Challenge awards ceremony on July 31, 2009. FDOT Community Traffic Safety Team Coordinator Debra Stallings will present the award today to Chairman, David Buchheit, Vice Chairman, Charles Benson and Secretary/Coordinator Nancy Frye. 6. PUBLIC PETITIONS A. Public petition request by Jim Gaitens to discuss beer sales at Sugden Park for the Naples International Festival. B. Public petition request by Janet Nebus to discuss LDC requirements for travel trailer- recreational vehicle campgrounds. C. This item to be heard at 2:30 p.m. Public petition request by Chief Doug Dyer to discuss allegations made against East Naples Fire Control and Rescue District by Dr. Robert Tober. (Time certain requested by Commissioner Coletta) D. This item to be heard immediately following Item 6C at 2:30 p.m. Public petition request by Commissioner Thomas Cannon to discuss a workshop between the East Naples Fire Control and Rescue District Commissioners and the Board of County Commissioners to renegotiate the "Interlocal Agreement Advanced Life Support Partnership." (Time certain requested by Commissioner Coletta) E. Public petition request by Marcia Cravens to request that the Board of County Commissioners reconsider and reverse its action taken on Agenda Item 10D on June 23, 2009. 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. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. PUDZ-2008-AR-14091, LCS-Westminster Naples LLC, represented by Robert Duane, AICP of Hole Montes and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting a Rezone from the Orange Blossom Gardens Planned Unit Development (PUD), the Oak Grove PUD, and the Agricultural (A) zoning districts to the Commercial Planned Unit Development (CPUD) for a 764,524 square-foot continuing care retirement community (CCRC) to be known as the Siena Lakes CCRC CPUD. The approximately 29.25-acre subject property is located in Section 1, Township 49 S, Range 25 E, Collier County, Florida. (Companion item to PUDA-2008-AR-14090 and PUDA-2008-AR-14092).CTS B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2008-AR-14090 LCS-Westminster Naples LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Oak Grove PUD (Ordinance No. 98-71) to delete approximately 6.13 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida (This is a companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14092). CTS C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2008-AR-14092 (JDM) LCS Development LLC, represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich and Koester, is requesting an amendment to the Orange Blossom Gardens PUD (Ordinance No. 92-75) to delete approximately 5.85 acres. The subject property is located in Section 1, Township 49 South, Range 25 East, Collier County, Florida (Companion item to PUDZ-2008-AR-14091 and PUDA-2008-AR-14090). CTS 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Board of Building Adjustments and Appeals. B. Appointment of member to the Immokalee Enterprise Zone Development Agency. C. Appointment of members to the Affordable Housing Advisory Committee. D. Appointment of member to the Pelican Bay Services Division Board. E. Recommendation that the Board of County Commissioners establish a consistent policy concerning the leasing of County property to not-for-profit organizations. (Commissioner Coyle's request) F. Appointment of members to the Collier County Airport Authority. G. Appointment of member to the Parks and Recreation Advisory Board. H. Appointment of members to the Collier County Planning Commission. 10. COUNTY MANAGER'S REPORT A. Request approval that the Board of County Commissioners consider including the changes to the Growth Management Plan RLSA Overlay of the Future Land Use Element with the Evaluation and Appraisal Report Growth Management Plan Amendment process beginning in 2012 or in the alternative holding a special Growth Management Plan Amendment Cycle in 2011 to address priority amendments as identified by the Five-Year Review of the Rural Lands Stewardship Program report pursuant to the Special Meeting of the Board of County Commissioners held on April 21, 2009. (Thomas Greenwood, Principal Planner, Comprehensive Planning, CDES) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the County Attorney desires advice from the Board of County Commissioners in closed attorney-client session on TUESDAY, SEPTEMBER 15, 2009, at a time certain of 12:00 noon in the Commission conference room, 3rd Floor, W. Harmon Turner Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd or Leo Ochs, Deputy County Manager, County Attorney Jeffrey A. Klatzkow, and Assistant County Attorney Steven T. Williams will be in attendance. The Board in executive session will discuss: Settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794- CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. B. This item to be heard at 1 :00 p.m. For the Board of County Commissioners to provide direction to the County Attorney regarding strategy related to settlement negotiations in the pending litigation cases of Craig Grider and Amber Grider v. Collier County, Case No. 08-7794-CA and Craig Grider and Amber Grider v. Collier County, Case No. 09-3164-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard immediately following Item 12B at 1 :00 p.m. Recommendation that the Collier County Board of County Commissioners approves and authorizes its Chairman to execute the attached twenty-five (25) year sub-lease agreement with the Department of Military Affairs Armory Board Florida Army National Guard (National Guard) for 26.41 acres at the Immokalee Regional Airport for the construction of the Collier County Readiness Center. The imputed rent for this sub-lease agreement will be deducted from the debt the Airport Authority owes the County. (Theresa Cook, Airport Authority) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Casthely Place. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Tract 102, Golden Gate Estates Unit No.9 Replat. 3. Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Grand Lely Drive Phase Two with the roadway and drainage improvements within the right of way being maintained by Collier County. 4. Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Grand Lely Drive and Lely Cultural Parkway with the roadway and drainage improvements within the right of way being maintained by Collier County. 5. To provide to the Board of County Commissioners (Board) information regarding the requirement as specified in the 2007 Florida Building Code to obtain a building permit when replacing a water heater, and to inform the Board of the final decision rendered by the Florida Building Commission on this matter. 6. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be Aeld on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of McEndrees Place. 7. Recommendation to approve final acceptance of the water utility facility for KD2 Car Wash. 8. Recommendation to approve final acceptance of the water utility facility for Mission Hills Shopping Center. 9. Recommendation to approve the Release and Satisfactions of Lien for payments received for the following Code Enforcement actions. 10. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Waterpark Place at Pelican Bay with the roadway and drainage improvements being privately maintained. 11. Recommendation to approve a clarification to the Community Development and Environmental Services (CDES) Fee Schedule concerning fee assessments for Lien Search Requests and Payoff Requests. 12. Recommendation that the Board of County Commissioners ("BCC") authorizes the Community Development and Environmental Services Division Administrator to refund the Construction Inspection Fee portion in the amount of $10,867.39, of the Review and Inspection Fees that were paid for the project known as AR 7953, Pine Ridge Corners. B. TRANSPORTATION SERVICES 1. Recommendation to reject all bids received under Bid 09-5231 Surfacing & Maintenance of Lime Rock Roads. 2. Recommendation for the Board of County Commissioners to approve the FY2006 5309 Federal Transit Administration (FTA) grant award in the amount of $226,710 for the purchase and installation of a fuel tank at the existing Collier Area Transit (CAT) facility and approve a budget amendment to recognize and use these funds. 3. Recommendation for the Board of County Commissioners to approve the FY2008 5309 Federal Transit Administration (FTA) grant award in the amount of $259,000 for the purchase and installation of generators at the existing and future CAT transfer facilities and approve a budget amendment to recognize these funds. 4. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase of land and easements necessary for the construction of roadway, drainage and utility improvements required for the extension of Valewood Drive from Immokalee Road to Autumn Oaks Lane. (Northbrooke DriveNalewood Drive Extension Phase 1, Project No. 60106.) Estimated fiscal impact: $875,000.00. 5. Recommendation to approve an Easement Agreement for the acquisition of a perpetual road right-of-way drainage and utility easement which is required for Phase II of the Santa Barbara Boulevard project. (Project No. 62081) Estimated Fiscal Impact: $32,250. 6. To obtain Board of County Commissioners approval of an Agreement to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility Easement (RDUE) to the County, that is required for the Collier Boulevard Project (Project No. 68056). ($54,619.50) 7. Recommendation to quitclaim to Daniel J. Griffin a 30 foot strip of property that was originally quitclaimed to Collier County for road right-of-way by Griffins predecessor in title. (Fiscal Impact: $0) 8. To obtain Board of County Commissioners approval of an Agreement to purchase a sixty foot (60) Road Right-of-Way Drainage and Utility Easement (RDUE) to the County, that is required for the Collier Boulevard Project. (Project No. 68056). ($30,625) 9. Recommendation to approve an agreement for the acquisition of approximately 3.19 acres of property, and to accept a quitclaim deed for any interest held in a contiguous parcel of land containing approximately 3.49 acres from the Moon Lake Homeowners Association, Inc., to provide for construction of the Greenway Project. (Project No. 60087.1) (Fiscal Impact: $34,950.00) 10. Recommendation to approve a Drainage Easement Agreement for the acquisition of a perpetual drainage easement which is required for Collier Boulevard Project 60001. Estimated Fiscal Impact: $18,050.00 11. Recommendation to approve a budget amendment in the amount of $20,729.39 for Traffic Accident Reimbursements, project #60076.1, and to recognize revenues for future repairs. 12. Recommendation for the Board of County Commissioners to approve a new Agreement between McDonald Transit Associates, Inc. and Collier County, which specifies certain performance and reporting terms and conditions for consolidated management for the Collier Area Transit Fixed Route and Paratransit Systems. 13. Recommendation that the Board of County Commissioners approves a Budget Amendment recognizing an additional $694,284.00 in State Public Transit Block Grant funding for Fiscal Year 2009/2010. 14. Recommendation to approve a budget amendment to transfer funds from Project No. 60064 TCMA to Project No. 60083 in the amount of $23,900.00 for the construction of a Collier Area Transit Bus Shelter. 15. Recommendation that the Board of County Commissioners accepts a drainage, access and maintenance easement from the District School Board of Collier County and pay fifty percent (50%) of the cost to relocate a section of chainlink fence in the amount of $6,000.00. 16. Recommendation to approve an extension of time for staff to review and assess alternative administration for the Collier County Airport Authority. 17. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for projects within the Transportation Supported Gas Tax Fund (313) in the amount of $14,481.74. 18. Recommendation to award Bid #09-5244 Radio Road Landscape & Irrigation Project Phases liB & IA to Hannula Landscape & Irrigation, Inc. in the amount of $172,810.70. 19. Recommendations to waive the formal competitive requirement of the County's Purchasing Policy and authorize the purchase of a 750 KW generator in the amount of $75,000 from Metro Power Systems, Inc. for the Collier Area Transit (CAT) Headquarters building located at 8300 Radio Road. 20. Recommendation to approve a coordination agreement between Collier County, as Community Transportation Coordinator (CTC), and Eden Institute. Inc. for the provision of community transportation services to transportation disadvantaged clients. 21. Recommendation to approve a Resolution authorizing implementation of a school zone speed limit reduction to 20 MPH during school arrival and dismissal hours as indicated by flashing beacons on westbound Lely Cultural Drive at a cost of approximately $13,000 22. Recommendation to award a work order, under contract 09-5197, to pave Shell Island Road, to Better Roads, Inc. for $264,656.30 plus a ten percent contingency ($26,465.63) for a total amount of $291,121.93. The funding will be one hundred percent (100%) reimbursed by the Florida Department of Environmental Protection (FDEP). 23. Recommendation that the Board of County Commissioners approves the submittal of grant applications for Transportation Investment Generating Economic Recovery (TIGER) program from the U.S. Department of Transportation (DOT) for projects funded by the American Recovery and Reinvestment Act (ARRA) of 2009 and recognize responsibility for the additional transparency, accountability and reporting compliance requirements of these funds. C. PUBLIC UTILITIES 1. Recommendation to award Bid Number 09-5291 titled South County Water Reclamation Facility Upgrades to the Deep Injection Well Surge and Pressure Relief System in the amount of $172,529.35 to BJ Enterprises, Inc., Project 73974.2. 2. Recommendation to approve and authorize the Chairman to sign a Florida Department of Environmental Protection Innovative Recycling and Waste Reduction Grant application in the amount of $271,900 to fund the Implementing Multi-Family Community Recycling Ordinance program. 3. Recommendation that the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District (Board), accept the Alternative Impact Fee Calculation submitted by the Sembler Company and authorize a refund of water and sewer impact fees in the amount of $47,702.73 to the property owner and approve any necessary budget amendments that may be required associated with the reimbursement. 4. Recommendation that the Board of County Commissioners, Ex-Officio, the Governing Board of the Collier County Water-Sewer District (Board), approve an impact fee reimbursement for Centex totaling $56,560 for an adjustment of water and sewer impact fees and approve any necessary budget amendments that may be required associated with the reimbursement. 5. Recommendation to approve budget amendments of approximately $2,500,000.00 to transfer projects from various water and wastewater capital projects funds to a 2006 Revenue Bond Proceeds Fund to segregate the projects funded by the 2006 Revenue Bond. D. PUBLIC SERVICES 1. Recommendation to approve Collier Countys Community Development Block Grant (CDBG), HOME Investment Partnership (HOME) and Emergency Shelter Grant (ESG) Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2008-2009 as required by the U.S. Department of Housing and Urban Development (HUD), approve the CAPER Resolution, and authorize the Chairman of the Board of County Commissioners to certify the CAPER for submission to HUD and sign the attached resolution. 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign a Resolution amending the State Housing Initiative Partnership program Local Housing Assistance Plan for Fiscal Years 2007-2008, 2008-2009, and 2009-2010 to implement the Florida Homebuyer Opportunity Program. 3. Recommendation to award contracts for RFP 09-5248, General Contractors for Rehabilitation of Residential Structures for the Neighborhood Stabilization Program, to various firms for activities funded through the U.S. Department of Housing and Urban Developments Neighborhood Stabilization Program. 4. Recommendation to award contracts for RFP 09-5266, Lawn Care Maintenance for the Neighborhood Stabilization Program, to various firms for activities funded through the U.S. Department of Housing and Urban Developments Neighborhood Stabilization Program. 5. Recommendation to approve a budget amendment in the amount of $285,797 to fund payment to the City of Naples under the Interlocal Agreement for Reciprocal Beach Parking for FY 08 and FY09 6. Recommendation for the Board of County Commissioners to approve an agreement with the District School Board of Collier County for transporting school-age recreation program participants. 7. Recommendation for the Board of County Commissioners to accept the Library Long Range and Technology Plans and the current year Action Plan and authorize the Chairman to sign the FY 2009-2010 State Aid to Libraries Grant Application permitting the Collier County Public Library to apply for State Aid to Libraries. 8. Recommendation to approve and adopt the name MarGood Harbor Park for the proposed park in Goodland 9. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign twelve (12) Subrecipient Agreements for CDBG, ESG, and HOME projects previously approved for HUD funding in the 2009-2010 Action Plan. 10. Recommendation that the Board of County Commissioners awards Bid #09-5282 with the estimated expenditures of $75,017 to Fence Design by Arc Tech Construction, for the fence repairs at seven park sites. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Agreement providing for a $50,000 State Housing Initiative Partnership (SHIP) grant to Immokalee Helping Our People in Emergencies, Inc. (IHOPE) for the acquisition and/or rehabilitation and relocation of the manufactured dwelling unit located in Sugden Park to benefit one household earning less than 80% of the Area Median Income. 12. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. to reflect additional grant funding in the amount of $699.34 for the Nutritional Services Incentive Program (NSIP). 13. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a Department of Housing and Urban Development (HUD) Community Development Block Grant-Recovery (CDBG-R) agreement in the amount of $631,283.00 and approves the associated budget amendment recognizing the funding associated with this award. 14. Recommendation for the Board of County Commissioners to approve carry-forward co- payment revenues and expands the authorized use of the funding to include temporary rental assistance for those displaced by Chinese Drywall from the collection of co-payments from the Social Services Program. 15. Recommendation for the Board of County Commissioners to accept the Jo Saylors sculpture Willow Whistle, that was donated to the Marco Island Branch Library by The Marco Island Foundation for the Arts and sign the Condition of Transfer document. 16. Recommendation to award bid #09-526 to Cheney Brothers Food, INC to provide concession food resale at North Collier Regional Park at an estimated cost of $ 100,000 for FY 09 and FY 10 17. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, an Amendment #1 to project number FL 14B70-6001 Continuum of Care (CoC) Supportive Housing Program (SHP) Subrecipient Agreement with the Shelter for Abused Women & Children (SAWCC) for Supportive Services and Operating Costs of the Shelter. 18. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an amendment to the ARRA 203.09 agreement with the Area Agency on Aging for Southwest Florida, Inc. and recognizes additional ARRA funds in the amount of $51,609.96. These federal funds are provided by the United States Department of Health and Human Services under the American Recovery and Reinvestment Act of 2009 and will be used to increase congregate and home delivered meals for seniors in Collier County. 19. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign seven (7) Homelessness Prevention and Rapid Re-Housing (HPRP) subrecipient grant agreements providing funds to stabilize Collier County citizens who are at risk of homelessness and re-house those who are currently experiencing homelessness. 20. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign the U.S. Department of Housing and Urban Development (HUD) entitlement funding agreements for Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funds for FY 2009-2010. 21. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a Resolution amending the State Housing Initiative Partnership (SHIP) program 2004-2007 Local Housing Assistance Plan (LHAP) to increase the maximum award for owner-occupied rehabilitation and authorize an amendment to Ordinance 94-39, as amended, relating to the Residential Rehabilitation Program. 22. Recommendation to award a contract for RFP 09-5248, General Contractors for Rehabilitation of Residential Structures for the Neighborhood Stabilization Program, to Inspired Woodworking for activities funded through the U.S. Department of Housing and Urban Developments Neighborhood Stabilization Program. E. ADMINISTRATIVE SERVICES 1. Report and ratify Property, Casualty, Workers Compensation and Subrogation Claims settled and/or closed by the Risk Management Director pursuant to Resolution # 2004-15 for the third quarter of FY 09. 2. Recommendation that the Board of County Commissioners rejects Request for Proposal (RFP) # 09-5226, Architectural/Engineering Services for the Collier County Government Center in an effort to rebid and streamline all architectural services into one county-wide contract for all departments. 3. Recommendation to award Bid #09-5216 Annual Contract for Painters and contracts to Royal Crest Companies, Inc. d/b/a Royal Crest Buildings and Spectrum Contracting, Inc. for painting services. (Estimated annual cost: $80,000) 4. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 5. Recommendation to adopt a resolution approving the 2010 Fiscal Year Pay and Classification Plan and to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2010 Fiscal Year Pay and Classification Plan, using the existing Archer point-factor job evaluation system, subject to a quarterly report to the Board of County Commissioners. 6. Recommendation to approve an Amendment to Agreement for Sale and Purchase (Amendment) for 1.14 acres under the Conservation Collier Land Acquisition Program at no additional cost to the County with Richard F. Berman to purchase 1.14 acres for $18,060 for Conservation Collier. 7. Recommendation to approve an Amendment to Agreement for Sale and Purchase (Amendment) for 1.14 acres under the Conservation Collier Land Acquisition Program at no additional cost to the County, Richard F. Berman, as to 50%, and Frank J. Celsnak and Marlene J. Celsnak, as Trustees. 8. Recommendation to execute a long term Agreement between Collier County and the Board of Supervisors of the Lely Community Development District to supply irrigation quality water to the combined site of the Emergency Services Center and the South Regional Library at an annual cost to the County of approximately $4,235.00; and to authorize the Chairman to sign the Agreement. 9. Recommendation to gain approval for a Budget Amendment to recognize and appropriate Building Maintenance Special Service and other Building Maintenance revenues totaling $108,965.01 for reimbursement of operating expenses in Fiscal Year 2009. F. COUNTY MANAGER 1. Board ratification of Summary, Consent and Emergency Agenda Items approved by the County Manager during the Board's scheduled recess. (In Absentia Meeting dated August 25, 2009.) 2. Recommend that the Board of County Commissioners approves of the award of RFP #09-5183 and agreement between Collier County and Miles Media Group, LLLP for Website Development for the Collier County Tourism Department in an estimated annual amount of $100,000 and authorizes the Chairman to sign the agreement 3. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation for the CRA Board to approve an after-the-fact submission of the Florida Marlins Community Foundation Grant in the amount of $2,000 to assist in costs associated with the "Inaugural Bayshore Cultural Festival of the Arts." 2. Recommendation to the Community Redevelopment Agency (CRA) to approve Local Advisory Board members and CRA staff attendance at the Florida Redevelopment Association 2009 Annual Conference; authorize payment of attendees registration, lodging, travel and per diem from the Immokalee CRA Trust Fund (Fund 186) travel budget; and declare the training received as serving a valid public purpose. 3. Recommendation that the Collier County Board of County Commissioners accepts funds from the Federal Emergency Management Agency (FEMA) in the amount of $64,907.44 for the reconstruction of the T-hangars at Everglades Airpark. H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation designating September 28,2009 as Family Day - A Day to Eat Dinner with Your Children. To be mailed to Dana Sheck at The National Center on Addiction and Substance Abuse, Columbia University. 2. Commissioner Coyle request for Board approval for payment to attend function serving a valid public purpose. Commissioner Coyle traveled to Bangor, Maine for the purpose of informational meetings with Jackson Lab staff and educational tours of their facility. $36.55 to be paid from Commissioner Coyle's travel budget. 3. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Will attend the Friends of the Library Red, White, & Roulette event on November 6, 2009 at the Naples Italian American Club in Naples, FL. $25.00 to be paid from Commissioner Fiala's travel budget. 4. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Bridge Recognition Dinner Cruise on September 3, 2009 at Erin's Isle on Marco Island, FL. $30.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the 9/11 Remembrance Luncheon on September 11, 2009 at Marco Beach Resort and Spa on Marco Island, FL. $30.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain Board approval for disbursements for the period of July 18, 2009 through July 24, 2009 and for submission into the official records of the Board. 2. To obtain Board approval for disbursements for the period of July 25, 2009 through July 31, 2009 and for submission into the official records of the Board. 3. To obtain Board approval for disbursements for the period of August 1, 2009 through August 7, 2009 and for submission into the official records of the Board. 4. To obtain Board approval for disbursements for the period of August 8, 2009 through August 14, 2009 and for submission into the official records of the Board. 5. To obtain Board approval for disbursements for the period of August 15, 2009 through August 21, 2009 and for submission into the official records of the Board. 6. To obtain Board approval for disbursements for the period of August 22, 2009 through August 28, 2009 and for submission into the official records of the Board. 7. Recommendation that the Collier County Board of County Commissioners approve a budget amendment recognizing interest earned in Supervisor of Elections grant fund 37004.1 8. Recommendation that the Board of County Commissioners approve a Budget Amendment to transfer $1,711.25 from the Supervisor of Elections Administration Budget to the Supervisor of Elections Grant Budget recognizing HAVA program income. 9. Recommendation that the Collier County Board of County Commissioners approve a budget amendment recognizing interest earned in Supervisor of Elections grant fund 37003.1. 10. Recommendation that the Board of County Commissioners of Collier County approve an Interlocal Agreement for Election Services pertaining to services and voting equipment used by the City of Everglades in connection with an election to be held on November 24, 2009. 11. Recommendation to approve an Intergrated Criminal Justice Information System Cost-Sharing Agreement with the Public Defender for the Twentieth Judicial Circuit, the State Attorney of the Twentieth Judicial Circuit, and the Chief Judge for the Twentieth Judicial Circuit by and through the Administrative Office of the Courts. 12. Recommendation that the Board of County Commissioners approves a budget amendment in the amount of $252,390 for payment of an invoice in the amount of $269,390 from Criminal Justice Information System (CJ/S) for Collier County's portion of the cost sharing project for the Twentieth Judicial Circuit for FY09. K. COUNTY ATTORNEY 1. Recommendation to authorize an amendment to Ordinance No. 91-65, as amended, relating to the Affordable Housing Advisory Committee, which will limit the rezoning petitions requiring Committee review to all affordable housing projects and any projects which request existing or new affordable housing incentives. 2. Recommendation to adopt a Resolution approving the County Attorneys Office 2010 Fiscal Year Pay and Classification Plan, which is identical to the current approved plan. 3. Recommendation pursuant to Collier County Resolution No. 95-632, that the Board of County Commissioners authorizes the County Attorneys Office to select and retain outside counsel to represent County Manager James V. Mudd who has been named as a defendant in the lawsuit entitled Pebble Page Inc., D/BfA Stevie Tomatos Sports Page Bar and Grill v. Jim Mudd, in his official capacity as County Manager for Collier County, Case No. 09-6825-CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida, and in addition, to waive the Purchasing Policy to the extent it applies to the selection of outside counsel and/or otherwise exempt the selection of outside counsel from competition pursuant to VII.G. of the Purchasing Policy. 4. Authorize the making of an Offer of Judgment to Respondent, Pascal J. Murray, for Parcel No. 121 FEE in the amount of $610,900 in the lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $46,700). 5. Recommendation that the Board of County Commissioners waive the conflict with the continuing retention of Andrew Reiss, Esq., as counsel for Collier County employees Stan Chrzanowski and Rudy Moss in the case styled Burgeson v. Collier County, et aI., Case No. 2:09-CV-220-FTM-99-DNF, now pending in the United States District Court for the Middle District of Florida, Fort Myers Division. 6. Recommendation to approve a Stipulated Final Judgment in the amount of $9,000 for Parcel 169 in the lawsuit styled Collier County v. Thomas F. Salzmann, et aI., Case No. 03-2550-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $6,246.80) 7. Recommendation to approve a Stipulated Final Judgment in the amount of $6,000 for Parcel 119DE in the lawsuit styled Collier County v. Alexander G. Christou, et al., Case No. 07-4923-CA (Santa Barbara Boulevard Extension Project 60091). (Fiscal Impact $3,000) 8. Recommendation to authorize an amendment to Ordinance No. 75-16, as amended, relating to the conduct of meetings of the Board of County Commissioners, to modify the procedure for calling a meeting to order in the absence of the Chairman and Vice Chairman. 9. Authorize the making of an Offer of Judgment to Respondents, Gloria Giordano, Chris Rasmussen, a/k/a Chris Alan Rasmussen, and Martha L. Rasmussen, for Parcel Nos. 122FEE and 123FEE in the amount of $671,300 in the lawsuit styled Collier County v. Pascal J. Murray, et aI., Case No. 07-4784-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact $48,900). 10. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against EMBARQ, INC., EMBARQ COMMUNICATIONS, INC. and WORKMAN SERVICES, INC., in Circuit Court to recover damages in the amount of $24,358.54, plus the cost of litigation. 11. Recommendation to authorize the County Attorney to file a lawsuit on behalf of the Collier County Board of County Commissioners against Leonardo Rodriguez and Maria Rodriguez in County Court to recover damages in the amount of $7,533.69 plus the cost of litigation. 12. Recommendation to authorize Collier County to join in an action if and when brought by the Florida Association of Counties to challenge HB 227 (2209), which amended the Florida Impact Fee Act, by: (1) placing the burden upon the government to prove by a preponderance of the evidence the validity of its impact fee(s), and (2) forbidding the Court to use the deferential standard afforded all legislative enactments. Funding for such a suit would not exceed $7,000. 13. Authorize the making of an Offer of Judgment to Respondents, Mark A. Peiffer and Gwendolyn L. Peiffer, for Parcel No. 155RDUE in the amount of $2,160 in the lawsuit styled Collier County v. Patricia K. Carlyle, et aI., Case No. 07-2829-CA (Oil Well Road Project No. 60044) (Fiscal Impact $360). 14. Recommendation to approve a Stipulated Final Judgment in the amount of $83,000 for Parcel No. 179RDUE in the lawsuit styled Collier County v. Armando B. Yzaguirre, et aI., Case No. 07- 2746-CA (Oil Well Road Project No. 60044) (Fiscal Impact $38,046.35). 15. Recommendation that the Board of County Commissioners reviews and approves the County Attorneys recommendation to waive any potential ethics conflict for a CRA Advisory Board member based on Ch. 112, Florida Statutes. 16. Request by staff for authorization to advertise and bring back for the Boards consideration a proposed amendment to Ordinance No. 08-47, which addresses requirements for non-consent law enforcement towing of vehicles, private property towing of vehicles, storage of vehicles and maximum chargeable fees by tow truck companies, to include provisions concerning the immobilization of vehicles (booting) on private property and to further clarify language in the ordinance based upon feedback and experience since its enactment in September 2008. 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. A Recommendation to Review and Approve a Compliance Agreement between the Florida Department of Community Affairs and Collier County, setting forth a proposed Remedial Amendment relating to public schools in the Capital Improvement Element of the Growth Management Plan, Ordinance No. 89-05, as amended (Companion item to 17B) B. A Recommendation to Review and Adopt an Ordinance for a Remedial Amendment relating to public schools in the Capital Improvement Element of the Growth Management Plan, Ordinance No. 89-05, as amended, as set forth in a Compliance Agreement between the Florida Department of Community Affairs and Collier County. (Companion item to 17A) C. Recommendation to adopt resolutions approving the preliminary assessment rolls as the final assessment rolls and adopting same as the non-ad valorem assessment rolls for purposes of utilizing the uniform method of collection pursuant to Section 197.3632, Florida Statutes, for Solid Waste Municipal Service Benefit Units, Service District No. I and Service District No. II, Special Assessment levied against certain residential properties within the unincorporated area of Collier County, The City of Marco Island and the City of Everglades City pursuant to Collier County Ordinance 2005-54, as amended. Revenues are anticipated to be $17,943,500. D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CUE-2008-AR-13803 Living Word Family Church, Inc., represented by Laura DeJohn, AICP, of Johnson Engineering, Inc., is requesting a one-year Conditional Use Extension pursuant to the Land Development Code Section 10.08.00.E.3, in the Rural Agricultural (A) Zoning District with a Mobile Home Overlay (MHO) for a church approved by Resolution No. 06-03. The 18.35 acre subject property is located at 10910 Immokalee Road, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. CTS E. ADA-200B-AR-14059 Sunrise Cay II Condominium Association Inc, represented by Christopher J. Thornton of Cheffy, Passidomo, Wilson and Johnson, LLP, is appealing the decision for INTP-2008- AR-12749. The applicant wishes to appeal the Director's decision in which the Director concluded that angle-parked boat parking with mooring pilings is inconsistent with the Manatee Protection Plan specifically Sections 5.03.03.E.11 of the LDC and Sections 3.2.3.4 and 4.6.3 of the MPP to prohibit use of mooring pilings to angle-park boat slips at Sunrise Cay II. Subject property is located in Section 9, Township 52, Range 28, Collier County, Florida. F. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ-2009-AR-14141 The Naples Italian-American Club, Inc. represented by Robert Duane, AICP, of Hole Montes, Inc. and Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester PA, is requesting a Rezone from the Agriculture (A) Zoning District to the Commercial Planned Unit Development (CPUD) Zoning District to allow up to 20,000 square feet of civic, social or fraternal organizations and 34,000 square feet of commercial and professional office uses. The approximately 5.0-acre subject property is located at 7035 Airport Pulling Road, Section 2, Township 49 South, Range 25 East, Collier County, Florida. CTS G. This item requires that all participants be sworn in and ex-parte disclosure be provided by Commission members. Recommendation to consider the Dissolution of Artesia Naples Community Development District (CDD) pursuant to Section 190.046(9), Florida Statutes. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383.