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Backup Documents 12/15/2009 Recap COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA December 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 AGENDA ITEMS MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. ALL REGISTERED SPEAKERS WILL RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. COLLIER COUNTY ORDINANCE NO. 2003-53, AS AMENDED BY ORDINANCE 2004-05 AND 2007-24, REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS." Page 1 December 15, 2009 PUBLIC PETITIONS ARE LIMITED TO THE PRESENTER, WITH A MAXIMUM TIME OF TEN MINUTES. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 252-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMP AIRED 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 to day's regular, consent and summary agenda as amended (Ex Parte Disclosure provided by Commission members for consent and summary agenda.) Approved and or Adopted w/changes - 5/0 B. November 3,2009 - BCC/AUIR Meeting Approved as presented - 5/0 C. November 10, 2009 - BCC/Regular Meeting Approved as presented - 5/0 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 20 Year Attendees Page 2 December 15, 2009 A. George Yilmaz, Wastewater Presented 4. PROCLAMATIONS A. Proclamation congratulating the Collier County Public Utilities Division's Water Department for the receipt ofWateReuse Award of Merit. To be accepted by Paul Mattausch, Water Department Director. Adopted - 5/0 5. PRESENTATIONS A. Presentation on building more disaster resistant community by Jeff Johnson, Executive Director of Retrofit Southwest Florida, Inc. Presented; Motion for staff to prepare a proclamation and direct staff to look into using Housing funding to assist with program - Approved 5/0 B. Presentation of National Association of Counties (NaCO) Achievement Award to the Collier County Code Enforcement Department for their Blight Prevention Program. Presented C. Presentation of the posthumous Advisory Committee Outstanding Member Award for the month of November 2009 to Charlie Abbott. To be accepted by Mrs. Linda Abbott. Presented D. BCBE Construction Co., Inc. presentation on Goodland Boat Park Project. Presented 6. PUBLIC PETITIONS A. Public petition request by Patrick White to discuss GMP A CP-2008-3, for Naples Christian Academy and Goodwill Industries. Discussed; Motion to move item to the Immokalee Area Master Plan Cycle and petitioner to pay for any additional advertising costs - Approved 4/1 (Commissioner Halas opposed) Page 3 December 15, 2009 B. Public petition request by Roberto Millet to discuss permit for car wash on property located at 4990 Golden Gate Parkway. Discussed; Motion to approve a temporary use permit for the site and review in 1 year - Approved 4/1 (Commissioner Halas opposed) C. Public petition request by Jean Benoit to discuss paving of S.E. 30th Avenue on Everglades Boulevard. Discussed D. Public petition request by Ervin Garriga to discuss paving of S.E. 30th Avenue on Everglades Boulevard. 1) Discussed Item 7 and 8 to be heard no sooner than 1:00 n.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Recommendation to adopt an Ordinance amending Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) by providing for the incorporation, by reference, of the impact fee study entitled Collier County Trip Characteristics Study Mine Land Use, amending Schedule One of Appendix A to reflect the new Mine/Commercial Excavation land use category and impact fee rate and providing for a delayed effective date of March 16,2010 in accordance with the notice period requirements of Section 163.3180 I (3)( d) Florida Statutes; this action is in furtherance to the direction provided by the Board of County Commissioners on June 23, 2009. Ordinance 2009-71: Motion to approve staff's recommendations for impact fee with no maintenance fee - Adopted 5/0 B. This item reQuires that all participants be sworn in. and ex parte disclosure be provided bv Commission members. County Attorney report on the Town Market property located at 7770 Preserve Lane in the Olde Cypress PUD and whether the U-Haul business operated at the site is comparable in nature to other C-3 uses allowed in the PUD and whether there is sufficient parking to accommodate this use. Motion to continue this item to a future BCC Meeting - Approved 5/0 Page 4 December 15, 2009 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Isles of Capri Fire Control District Advisory Committee. Resolution 2009- 303: Re-appointing James J. Gault and Kirk P. Colvin - Adopted 4/0 (Commissioner Coletta absent) B. Appointment of members to the Development Services Advisory Committee. Resolution 2009-304: Re-appointing James E. Boughton (term expiring December 14, 2013); Appointing Ray Allain (term expiring December 14,2011), Henry Reagan (term expiring December 14, 2011) and David Hurst (term expiring December 14,2013) - Adopted 4/0 (Commissioner Coletta absent) C. To discuss Section 8 of the Collier County Ethics Ordinance No. 2004-5 regarding Collier County Post-Employment Restrictions. Due to the existing economic climate, consider either temporary suspension of Section 8 of the Ordinance for a defined period of time or consider permanent removal of Section 8. For review of the full Ordinance please go to http://apps.collierclerk.comlBMR/ docview .aspx?id= 1497 6 (Commissioner Henning) Motion directing the County Attorney's Office to bring back an amendment to the Ethics Ordinance - Approved 5/0 10. COUNTY MANAGER'S REPORT A. Recommendation to establish the schedule of impact fee update studies for Calendar Year 20 lOin accordance with prior direction of the Board of County Commissioners. (Amy Patterson, Impact Fee Manager) Approved - 5/0 B. Recommendation to award a construction contract in the amount of $34,977,999.18 to Mitchell & Stark Construction Corporation and reserve $4,207,000.00 on the purchase order for funding allowances, for a total of $39,184,999.18 for Bid No. 09-5287 Oil Well Road Immokalee Road to Camp Keais Road, Project No. 60044. (Norman Feder, Transportation Services Administrator) Page 5 December 15, 2009 Motion to approve item and for staff to work with the community to settle their concerns. Staff to proceed with mediation for additional easements and to bring back to the Board - Approved 5/0 C. Report to the Board detailing the status of FY 20 I 0 capital project funding. (Mark Isackson, Corporate Financial and Management Services, County Manager's Office.) Motion to approve staff's recommendations, staff to work with Marco Historical Society, pursue grant opportunities, advertise and to bring item back at a future BCC Meeting - Approved 5/0 D. This item to be heard at 11 :30 a.m. Recommendation to adopt a resolution authorizing the condemnation of a fee simple interest parcel and a temporary construction easement parcel required for the construction of redesigned improvements to the intersection of Collier and Davis Boulevards. (Collier Boulevard Project No. 60092 and Davis Boulevard Project No 60073). Estimated fiscal impact: $285,500. (Norman Feder, Transportation Services Administrator) Resolution 2009-305: Motion to approve Alternative #3 - Adopted 4/0 (Commissioner Henning absent) E. Award of Contract No. 10-5366 to Stevens and Layton Inc., for the Gateway Triangle Area Drainage Improvements Project Phase 2, Project #51803 in the total amount of$2,694,473.35 plus a ten (10%) contingency totaling $2,963,920.69, and approve necessary budget amendment of$350,000. (Norman Feder, Transportation Services Administrator) Approved - 4/0 (Commissioner Coletta absent) F. This item to be heard at 2:30 p.m. Recommendation to approve actions required to complete the development of a comprehensive management plan for the Clam Bay Estuary. (Gary McAlpin, Coastal Zone Management Director) Motion to approve staff's recommendation #1, #3 & #4 revising #2 - Approved 4/1 (Commissioner Henning opposed) Moved from Item #16D6 (Per Agenda Change Sheet) G. Recommendation to authorize Disaster Recovery Initiative awards in excess of fifty-thousand dollars and authorize the Purchasing Director to issue purchase orders in excess of fifty-thousand dollars, for site preparation Page 6 December 15, 2009 activities required to replace homes severely damaged by Hurricane Wilma. These activities will benefit three (3) income-qualified households in Collier County. (Fiscal impact $178,142.75) Conditional Approval and staff to remit cost report - Approved 4/0 (Commissioner Coletta absent 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, DECEMBER 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 Leo Ochs, 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. 09-3 I 64-CA, both which are now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Closed Session 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. Motion for the County Attorney to diligently defend the Lot Line issue and to dismiss the appeal - Approved 5/0 Moved from Item #16K4 (Per Agenda Change Sheet) C. Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an Ordinance establishing the Habitat Page 7 December 15, 2009 Conservation Plan Advisory Committee to assist the Board of County Commissioners in determining the feasibility of developing and implementing a Habitat Conservation Plan to protect red-cockaded woodpeckers in the North Belle Meade Overlay area. Motion to continue this item to a future BCC Meeting - Approved 5/0 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. A Resolution of the Board of County Commissioners of Collier County, Florida, sunsetting the Immokalee Master Plan and Visioning Committee, and recognizing and memorializing the automatic repeal of Ordinance No. 04-62, as Amended. Resolution 2009-306 Adopted 4/0 (Commissioner Coletta absent) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS A. Mr. Ochs - Letter from Larry Ray regarding dot com lawsuit B. Mr. Ochs - Letter from Seminole Tribe regarding Gaming Compact C. Commissioner Henning - Staff communication regarding PUD Monitoring; County Manager to bring back a Monitoring Report and Department Expense Report D. Commissioner Henning - Discussion regarding Baseball Team E. Motion to Adjourn - Approved 4/0 (Commissioner Coletta absent) ------------------------------------------------------------------------------------------------------------ 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 w/changes - 5/0 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES Moved to Item #17D (Per Agenda Change Sheet) 1) This item reQuires that all participants be sworn in. and ex parte disclosure be provided bv Commission members. Recommendation Page 8 December 15, 2009 to authorize the Chairman to sign a Resolution of the Collier County Board of County Commissioners designating 7,414.0 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCI/BCP/SI SSA 13 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13, and Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving an Escrow Agreement for BCI/BCP/SI SSA 13; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. 2) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Mediterra Parcel 110, with the roadway and drainage improvements being privately maintained. Resolution 2009-291 w/release of the maintenance security 3) Recommendation to direct the County Manager or his designee to provide a refund in the amount of $1 ,052.28 for a portion of the petition fee received for a recently withdrawn 2007-2008 Cycle Growth Management Plan Amendment petition. Petition #CP-2007-02; Immokalee Road/Oil Well Road Commercial Subdistrict 4) Recommendation to approve final acceptance of the water and sewer utility facilities for Mediterra Maintenance Facility. W /release of any Utilities Performance Security (UPS) 5) Recommendation to approve the request by the Economic Development Council of Collier County to allow Atomic Machine and EDM, Inc. to participate in the Fast Track Program for the building permit required for their tenant improvement at the Market Center project. Creating new jobs that offer benefit packages including health and dental insurance Page 9 December 15, 2009 6) Recommendation to develop and advertise for Board consideration an amendment to Ordinance No. 2004-58, known as the Property Maintenance Ordinance, and to bring back an amendment in conjunction with removal of rental registration provisions. In order to clarify the lien assessment process and removing the rental registration program references 7) Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Quail West Unit One, Replat Block C Second Addition with the roadway and drainage improvements being privately maintained. Resolution 2009-292 w/release of the maintenance security 8) Request to approve the proposed Letter of Understanding that delineates Growth Management Plan (GMP) major issues that will be addressed in the County's Evaluation and Appraisal Report (EAR) as required by Section 163.3191 of the Florida Statutes and direct the County Manager or his designee to enter into a formal agreement with the Florida Department of Community Affairs (DCA). In order to help the process run more smoothly B. TRANSPORTATION SERVICES 1) Recommendation to recognize FY 2009/2010 Federal Transit Administration Section 5311 additional revenue in the amount of $30 1,817.00 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. To offset operations of the Immokalee Circulator 2) Recommendation to recognize FY 2009-2010 State Public Transit Block Grant additional revenue in the amount of $8,876.00 to Collier Area Transit Fund (426) and authorize all necessary budget amendments. Funds applied to CAT operating costs 3) Recommendation that the Board of County Commissioners approves a Resolution authorizing the execution and submittal of the Federal Transit Administration Section 5310 FY20 1 0/20 11 grant application Page 10 December 15, 2009 and applicable document and to accept the grant if awarded. Resolution 2009-293 4) Recommendation that the Board of County Commissioners approves a Resolution authorizing the execution and submittal ofthe Federal Transit Administration Section 5311 FY2010/20ll grant application and applicable document and to accept the grant if awarded. Resolution 2009-294 5) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $3,100.00). Folio #39324000003/Parcel #261 6) Recommendation to approve the purchase of a Perpetual, Non- exclusive Road Right-of-Way, Drainage and Utility Easement which is required for the construction of the proposed four-laning improvements to Golden Gate Boulevard from just west of Wilson Boulevard to just east of DeSoto Boulevard. Project No. 60040 (Fiscal Impact: $2,122.00). Folio #40685120006/Parcel #421 7) Recommendation to approve an Amendment to Agreement allowing former owners of a property purchased by Collier County for the Vanderbilt Beach Road Extension Project (Parcel 133) the option to further extend their post-closing occupancy of the property for an additional three month period. Project No. 60168 (Fiscal Impact: Revenue in the amount of$4,500 will be credited to the gas tax and/or impact fee accounts). Folio #36865060000, located at 780 27th Street NW 8) Recommendation to approve a Purchase Order for payment of invoices totaling $52,206, submitted by Precision Contracting Services, Inc. for Traffic Operations Ethernet Conversion performed in FY 07/08 with reimbursement from the Florida Department of Transportation. Page 11 December 15, 2009 PCS Invoices: 077295-6734,077295-6735, 077295-6736, 077295- 6737,077295-6738,077295-6739 and 077295-6740 9) Recommendation to award ITB #09-5310 Motorola Central Control Irrigation Supplies & Services to Ag- Tronix Inc. for an estimated annual amount of$65,000. For the purchase and replacement of controllers and spare parts 10) Recommendation to ratify an emergency purchase order previously approved by the County Manager for electrical services under annual contract #07-4083, On-Call Electrical Repairs and New Installation to E. B. Simmonds Electrical Inc., Naples, FL, in the amount of $127,760.90. In order to complete the outstanding signalization work at the intersection of Vanderbilt Drive and Wiggins Pass Road C. PUBLIC UTILITIES 1) Recommendation to approve Amendment No.1 to South Florida Water Management District Agreement No. OT06l098 to monitor ground water in Collier County. (Estimated Revenue $116,000 annually.) The County will receive payments up to $116,000 in FYI0 with two I-year options to renew 2) Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1994, 1995, and 1996 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $48.00 to record the Satisfactions of Lien. Resolution 2009-295 3) Recommendation to approve and authorize the Chairman to sign a Pre-award Cost Request Form requesting a pre-award credit of $121,290.99 in stafftime and emergency repair expenditures as an update to the grant application to the Florida Department of Community Affairs for the Hazard Mitigation Grant Program for up to $320,000 to construct a six-inch High Density Polyethylene leachate Page 12 December 15, 2009 pipe at the Collier County Landfill. For damage caused by Tropical Storm Fay 4) Recommendation to award RFP #09-5201, an annual contract for Underground Utilities Supplies to Ferguson Waterworks, Inc. Supplies needed for planned and emergency maintenance and repairs by the Public Utilities Division D. PUBLIC SERVICES 1) Recommendation to approve and authorize the Chairman to sign an agreement with Collier Health Services (CHS), and an agreement with the Agency for Health Care Administration (AHCA) to participate in the Low Income Pool Program. Participation in this program will require the County to send $207,127 to AHCA, which will generate an additional $432,944 in Federal matching funds to be paid directly to Collier Health Services for medical services for the most medically needy in Collier County. Collier Health Services will receive a total distribution of $640,071 from the State. Funds have already been budgeted for this program Continued to the January 12, 2010 BCC Meeting (Per Agenda Change Sheet) 2) Recommendation to approve the FY05 and FY06 Annual Reports to the Florida Department of Highway Safety Motor Vehicles for the Choose Life Specialty License plate. 3) Recommendation to provide after the fact approval for the submittal of the 2010 Continuum of Care (CoC) Grant application to the U.S. Department of Housing and Urban Development (HUD) for CoC programs assisting and benefiting the homeless population in Collier County. To benefit the Collier County Hunger & Homeless Coalition, The Shelter for Abused Women & Children and Saint Matthew's House 4) Recommendation to approve and authorize the Chairman to sign an agreement with the Collier County Child Advocacy Council, Inc. (CCCAC) to provide for State mandated services identified under Florida Statute 39.304(5). Fiscal impact of $70,000. Page 13 December 15, 2009 #09-5292: Requiring the County to cover the initial cost of examining an alleged abused, neglected, or abandoned child 5) Recommendation to approve and authorize the Chairman to sign an agreement with the State of Florida, Department of Children and Families accepting a Challenge Grant in the amount of $96,000; and authorize the necessary budget amendments associated with this action. The non-profit subrecipients: Saint Matthews House, The Shelter for Abused Women and Children, National Alliance on Mental Illness, The Collier County Hunger and Homeless Coalition and Youth Haven, Inc. Providing homeless assistance Moved to Item #10G (Per Agenda Change Sheet) 6) Recommendation to authorize Disaster Recovery Initiative awards in excess of fifty-thousand dollars and authorize the Purchasing Director to issue purchase orders in excess of fifty-thousand dollars, for site preparation activities required to replace homes severely damaged by Hurricane Wilma. These activities will benefit three (3) income- qualified households in Collier County. (Fiscal impact $178,142.75) 7) Recommendation to repeal Resolution No. 2007-190 and adopt the attached revised Resolution No. 2009- that lists new fines and fees for Collier County Public Library. Resolution 2009-296 E. ADMINISTRATIVE SERVICES Withdrawn (Per Agenda Change Sheet) 1) Recommendation to award ITB #09-5325 On-Call Electrical Repairs and New Installation to AC Electric of SW Florida, Inc., Bentley Electric Company of Naples, Fl, Inc., E. B. Simmond's Electrical Inc., Gulf States Electric, Inc., and Professional Highway Maintenance, Inc. ($230,000) 2) Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2010 in the amount of $1,018,777 which equates to a reduction ofl9.9% over prior year's Page 14 December 15, 2009 premIUm. To cover average enrollment of 2,088 employees 3) Recommendation to authorize the on-line auction of Collier County surplus property. For a 30 day sale period ending no later than January 30, 2010 4) Recommendation to approve payment of$3,666.66 which is 2/12ths of the IRS allowable annual contribution amount, to the deferred compensation account of former County Manager, James V. Mudd, in accordance with his contract, to be processed January 20 I O. 5) Recommendation to approve an Agreement for Sale and Purchase with Frank J. Fisiorek, Jr. and Kathleen E. Zielinski for 1.14 acres under the Conservation Collier Land Acquisition Program at a cost not to exceed $19,300. Unit 65 located in Golden Gate Estates, part of the Winchester Head Multi-parcel Project 6) Recommendation to award Bid No. 09-5323 On-Call Plumbing Contractors to Shamrock Plumbing and Mechanical, Inc. as primary, Precision Plumbing Services, Inc. as secondary, and Four Star Plumbing Contractors, Inc. as tertiary at an estimated annual cost of $210,000. 7) Recommendation to authorize an offering of the Voluntary Separation Incentive Program pursuant to Collier County Ordinance No. 09-13 for two employees not previously notified of eligibility in July 2009. Resolution 2009-297 8) Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. For the period of October 21, 2009 through November 20, 2009 9) Recommendation to approve an Agreement not to exceed $10,000 between the GAC Land Trust Committee and the Big Corkscrew Island Fire Control and Rescue District for the purchase of the BullEx Fire Extinguisher Training System. Page 15 December 15, 2009 F. COUNTY MANAGER 1) Recommendation to approve a fiscal year 2010 budget amendment establishing dedicated appropriations covering anticipated contractor and administrative expenses associated with the Intersection Safety Program. Fiscal Impact $841,000. As detailed in the Executive Summary 2) Approve budget amendments. BA #10-078 and BA #10-053 3) Recommendation to approve use of all interest earnings on Tourist Tax Funds for destination advertising, marketing and promotion for a period of three fiscal years and approve all necessary budget amendments. Interest earned between July 2009 and September 2009, totaling $40,878.32 4) Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2009-298 5) Recommendation to adopt a Resolution #2009- and approve and authorize the Chairman to sign a lease-purchase agreement and all accompanying documents with Government Capital Corporation for the replacement of one (I) ambulance for Emergency Medical Services for five (5) annual payments of$4l,575.74 for a total of $207,878.70. Resolution 2009-299 G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY 1) To approve and execute Commercial Building Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2800 Davis Page 16 December 15, 2009 Boulevard). For installation of a sign for Maida's Precision Cut, Inc. 2) To approve and execute a Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2445 A-B Thomasson Drive). To replace the entire roof and mailbox 3) To approve and execute a Sweat Equity Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area (2938 Cypress Street). To improve the driveway and replace the mailbox and post 4) Recommendation that the Community Redevelopment Agency approve an Event Policy and Procedures Manual to govern all event activities for the Bayshore Gateway Triangle. As detailed in the Executive Summary 5) Recommendation for the CRA to approve the sale and consumption of alcoholic beverages (beer and wine) during the CRA Board approved Bayshore Cultural Festival of the Arts event on January 23,2010 on the CRA owned parcels. Folios #61840960103 and #61840960006 6) Request that the Collier County Redevelopment Agency approve the application and recipient agreement for the Immokalee Community Redevelopment Agency (CRA) Commercial Facade Improvement Grant Program for reimbursement of $20,000 for facade improvements to Little Caesar's Pizza located at 525 North 15th Street in Immokalee, Florida. To demolish and reconfigure parking area, installation of brick paver walkways, landscaping, electrical sign, and new windows, doors and exterior painting H. BOARD OF COUNTY COMMISSIONERS Page 17 December 15, 2009 1) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the East Naples Civic Association Luncheon on November 19,2009 at Hamilton Harbor in Naples, FL. $23.00 to be paid from Commissioner Fiala's travel budget. 2) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Area Chamber of Commerce Christmas Gala on December 6, 2009 at the Old Marco Inn on Marco Island, FL. $75.00 to be paid from Commissioner Fiala's travel budget. 3) Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the Marco Island Historical Society Holiday Luncheon on December 8, 2009 at the First Baptist Church on Marco Island, FL. $20.00 to be paid from Commissioner Fiala's travel budget. Located at 1450 Winterberry Drive 4) Commissioner Henning requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the EDC Pre-Legislative Luncheon on November 24, 2009 at the Club at the Strand in Naples, Florida. $25.00 to be paid from Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to approve the return of funds for the 911 Microwave Circuits Grant, #S-08-07 - 31 to the State of Florida on behalf of the Collier County Sheriffs Office. Funds are no longer able to be utilized for the original purpose due to the time frame of the grant 2) To obtain board approval for disbursements for the period of November 21,2009 through November 27,2009, and for submission Page 18 December 15, 2009 into the official records of the Board. 3) To obtain board approval for disbursements for the period of November 28,2009 through December 4,2009, and for submission into the official records of the Board. K. COUNTY ATTORNEY 1) Authorize the making of an Offer of Judgment to Respondent, Platinum Coast Financial Corp., for Parcel No. 825 in the amount of $79,250 in the lawsuit styled Collier County v. Myrtle Cove, Inc., et a!., Case No. 07-5038 (Lely Area Stormwater Improvement Project # 51101.1) (Fiscal Impact $21,350). For a .69 acre parcel needed for an access drainage and maintenance easement 2) Recommendation to authorize a Stipulated Final Judgment in the amount of $375,000 for Parcels 104 and 604 in the lawsuit styled Collier County, Florida v. Highland Properties of Lee and Collier, Ltd., et a!., Case No. 06-0563-CA (Santa Barbara Boulevard Project #62081) (Fiscal Impact $304,542). For 3,523 square feet needed for road right-of-way and a perpetual slope easement 3) Authorize an Offer of Judgment to Respondent, Luis Pineros, for Parcel No. 204RDUE in the amount of $20,832 in the lawsuit styled Collier County v. Joseph Noel, et a!., Case No. 07-3200-CA (Oil Well Road Project # 60044) (Fiscal Impact $12,432). For a .241 acre parcel needed for a road right-of-way, drainage and utility easement Moved to Item #12C (Per Agenda Change Sheet) 4) Recommendation to authorize the County Attorney to advertise and bring back for Board consideration an Ordinance establishing the Habitat Conservation Plan Advisory Committee to assist the Board of County Commissioners in determining the feasibility of developing and implementing a Habitat Conservation Plan to protect red- cockaded woodpeckers in the North Belle Meade Overlay area. Page 19 December 15, 2009 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item reQuires that ex parte disclosure be provided bv Commission members. Should a hearinl! be held on this item. all participants are reQuired to be sworn in. Recommendation to approve Petition V AC-PL- 2009-1023, Nature Point Lot 8, to disclaim, renounce and vacate the County's and the Public's interest in that portion of a 25-foot wide drainage easement along the rear of Lot 8, Nature Point, as filed in Plat Book 20, Pages 20-22 of the Public Records of Collier County, Florida, situated in Section 35, Township 49 South, Range 25 East, Collier County, Florida, the vacated portion being more specifically depicted and described in Exhibit A and accept the replacement drainage easement shown on Exhibit B. Resolution 2009-300 B. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2009-10 Adopted Budget. Resolution 2009-301 C. Recommendation to adopt an Ordinance amending Ordinance No. 2001-43, as amended (The Vanderbilt Beach Beautification Municipal Service Taxing Unit), per the Board's December I, 2009 direction under Agenda Item l6B5 to incorporate provisions to facilitate the ongoing conversion of overhead utility distribution facilities to underground service within the MSTU boundaries. Ordinance 2009-70 Page 20 December 15, 2009 Moved from Item #16Al (Per Agenda Change Sheet) D. This item reQuires that all participants be sworn in, and ex parte disclosure be provided bv Commission members. Recommendation to authorize the Chairman to sign a Resolution of the Collier County Board of County Commissioners designating 7,414.0 Acres in the Rural Lands Stewardship Area Zoning Overlay District as a Stewardship Sending Area with a designation as BCI/BCP/SI SSA 13 pursuant to the terms set forth in the Escrow Agreement, Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13, and Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Sending Area Credit Agreement for BCI/BCP/SI SSA 13; approving a Stewardship Easement Agreement for BCI/BCP/SI SSA 13; approving an Escrow Agreement for BCI/BCP/SI SSA 13; and establishing the number of stewardship credits generated by the designation of said Stewardship Sending Area. Resolution 2009-302 18. ADJOURN - Approved 4/1 (Commissioner Coletta absent) INQillRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. Page 21 December 15, 2009