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Agenda 12/16/2008 Agenda Index COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS and COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) O~"'\ 11//,. ~l ,. 1.1'.-.. (J/ "' \ AGENDA December 16, 2008 9:00 AM Tom Henning, BCe Chairman Commissioner, District 3 Donna Fiala, BCe Vice- Chairman Commissioner, District 1; CRAB Chairman Jim Coletta, BCC Commissioner, District 5; CRAB Vice-Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC Commissioner, District 4 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 of 15 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor J. R. Pagan, International Worship Center 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. November 5, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Mazur C. November 7, 2008 - Value Adjustment Board Hearing Meeting with Special Magistrate Pelletier D. November 13, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson E. November 14, 2008 - BCC/Pre-Legislative Session Workshop F. November 17, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier G. November 18, 2008 - BCC/Regular Meeting H. November 21,2008 - Value Adjustment Board Special Meeting with Special Magistrate Mazur I. November 21, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson J. November 24, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier K. November 25, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Pelletier L. November 26, 2008 - Value Adjustment Board Special Meeting with Special Magistrate Watson 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) 4. PROCLAMATIONS 5. PRESENTATIONS A. Presentation to the Board of County Commissioners of a check to purchase a new vehicle for the Veterans Transportation Program. The check will be presented by Jim Elson, President, Collier County Veterans Council; and Ernie Bretzmann, Executive Director, United Way of Collier County. B. Santa Barbara Boulevard - Six-Laning from Davis Boulevard (SR-84) to Copper Leaf Lane and Radio Road Four-Laning from Santa Barbara Boulevard to Davis Boulevard, Contract 06-0442. (Project #62081) 6. PUBLIC PETITIONS A. Public petition request by Larry Basik to discuss small scale GMP amendment on US 41 East and Trinity Place. B. Public petition request by Cynthia Dennis to discuss waiver of loan in the amount of $19,173.98 in order to prevent foreclosure. C. Public petition request by John Martinowich to discuss billing, surcharges and fees for utility billing account. D. Public petition request by Reverend David Mallory to discuss deferral of impact fees. E. Public petition request by Kathleen Reynolds to discuss funding for the Early Learning Program (Child Care Subsidy Program). 2 of 15 F. Public petition request by Tim Hancock to discuss rezone request by North Naples United Methodist Church. Item 7 and 8 to be heard no sooner than 1 :00 p.m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the November 18, 2008 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: CU- 2008-AR-13201: VI LId, Limited Partnership and Collier County Parks and Recreation, represented by Richard D. Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P .A., is requesting a Conditional Use in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) and the RMF-16 Zoning District, pursuant to Land Development Code Section 2.01.03.G.1.e, to allow for public facilities (limited to public restroom facilities) that will be constructed within the publiC right-of-way and partially within the Moraya Bay Beach Club property. The subject property is located in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (CTS) B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: VA-2006-AR-11064: VI LId, Limited Partnership, represented by Richard Y ovanovich of Goodlette, Coleman, Johnson, Y ovanovich & Koester, P .A. requesting three variances from the requirements of the Residential Tourist (RT) zoning district and the Vanderbilt Beach Residential Tourist Overlay District (VBRTO) to allow for a proposed trellis structure. The requested variances are as follows: 1) A variance of 25 feet 4 inches from the required Building Separation Distance calculated as half the sum of the two buildings (50 feet 4 inches) between the trellis and the principal residential structure to allow a 25-foot separation; 2) A variance of 20 feet from the minimum required 30-foot front yard setback for the trellis to the north property line to allow a 10-foot setback; and 3) A variance of 2.5 feet 4 inches from the required Building Separation Distance calculated as half the sum ofthe two buildings (12.5 feet 4 inches) between the trellis and the proposed public restroom building along the northern property line (Bluebill Avenue) to allow a 10-foot separation. The subject property, consisting of 4.96 acres, is located at 11125 Gulf Shore Drive, on the Southwest corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida. (Companion to CU-2006-AR-11046) CTS C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members: CU-2006-AR-11046: VI Ltd. Limited Partnership, represented by Richard Yovanovich of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., requesting a Conditional Use for the Moraya Bay Beach Club to allow a private club in the Residential Tourist (RT) zoning district and the Vanderbilt Beach Resort Tourist Overlay district (VBRTO) of the Collier County Land Development Code (LDC), as specified in Sections 2.03.02.E for the RT Zoning District and 2.03.07.L. for the VBRTO. The proposed private club will be located within the residential building. The subject property, consisting of 4.96 acres, is located at 11125 Gulf Shore Drive, on the corner of Gulf Shore Drive and Bluebill Avenue, in Section 29, Township 48 South, Range 25 East, Collier County, Florida.(Companion to VA-2006-AR-11064)(CTS) 3 of 15 8. ADVERTiSED PUBLIC HEARINGS A. Recommendation to consider adoption of an ordinance to amend Collier Countys Noise Ordinance (Ordinance No. 90-17, as amended). 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Ochopee Fire Control District Advisory Committee. B. Appointment of member to the Habitat Conservation Plan Ad Hoc Committee. C. Appointment of member to the Black Affairs Advisory Board. D. Appointment of members to the Historical/Archaeological Preservation Board. E. Appointment of member to the Collier County Coastal Advisory Committee. F. Appointment of member to the Pelican Bay Services Division Board. G. Appointment of members to the Golden Gate Community Center Advisory Board. H. Appointment of members to the Golden Gate Estates Land Trust Committee. I. Appointment of member to the Isles of Capri Fire Control District Advisory Committee. J. Recommendation that the Board of County Commissioners formalize its intent and direction regarding the establishment of new andlor reconstituted advisory committees to work with the Office of the Medical Director. 10. COUNTY MANAGER'S REPORT A. Recommendation to approve an Agreement for Sale and Purchase with The Islands Marina, LLC and Port of the Islands Properties, LLC for the purchase of certain portions of the Port ofthe Islands Marina property for a purchase price of $5,488,000 which includes $4,750,000 cash at closing and a $738,000 Seller charitable donation, together with a second charitable donation of furniture, fixtures and equipment valued at $105,000, with additional costs not to exceed $95,800. (Marla Ramsey, Public Services Administrator) B. Recommendation to adopt a resolution approving amendments (appropriating grants, donations, contributions or insurance proceeds) to the Fiscal Year 2008-09 Adopted Budget. (John Y on kosky, Office of Management and Budget Director) C. Recommendation to adopt a resolution superseding Resolution No. 2006-142 and authorizing the acquisition by gift or purchase of land and easements necessary for the construction of roadway, drainage and utility improvements required for the expansion and extension of Vanderbilt Beach Road from Collier Boulevard to east of Wilson Boulevard. (Project No. 60168.) Estimated fiscal impact: $32,910,600. (Norman Feder, Transportation Services Administrator) D. Recommendation for the Collier County Board of County Commissioners to approve a fare increase and limited reduction in Sunday Service to address the reduced Collier Area Transit Fiscal Year (FY) 2008-09 budget. (Norman Feder, Transportation Services Administrator) E. Recommendation to approve award of Bid No. 09-5142 to Mitchell and Stark Construction Company, Inc., for the Lely Area Stormwater Improvements Project (LASIP) Phase 1 B, Project No 51101 in the amount of $3,530,719.90 plus a ten (10%) contingency, totaling $3,883,791.89. (Norman Feder, Transportation Services Administrator) F. Recommendation to approve an amendment to the Treviso Bay Water Management Agreement allowing for coordination between Treviso Bay Development, LLC and Collier County to complete construction of the Lely Area Stormwater Improvement Project located within and adjacent to the Treviso Bay Development, Project No. 51101. (Norman Feder, Transportation Services Administrator) 4 of 15 G. Recommendation that the Board of County Commissioners approve the 2008 Incentive Review and Recommendation Report as required by Florida Statute 420.9076(4) and direct staff to bring back an amended Impact Fee Deferral ordinance as outlined in this report. (Marla Ramsey, Public Services Administrator) H. Recommendation to approve the purchase of Group Health Reinsurance coverage for calendar year 2009. (Jeff Walker, Risk Management Director) ($1,310,124) I. Recommendation to Award Bid #09-5157, Seating for the Collier County Emergency Services Center to Marco Office Supply in the amount of $123,411.39. (Steve Carnell, Purchasing Director) J. Recommendation to Award Bid #09-5158, Systems Furniture for the Collier County Emergency Services Center to Corporate Express in the amount of $106,153.37. (Steve Carnell, Purchasing Director) K. Recommendation to Award Bid #09-5159, Casegoods for the Collier County Emergency Services Center to The Beaux-Arts Group in the amount of $239,702.77. (Steve Carnell, Purchasing Director) L. Recommendation to: Develop a Landfill Gas-to-Energy Facility that will beneficially use landfill gas from the Collier County Landfill to generate electricity and, in turn, generate new revenue for the Countys Solid Waste Fund by (a) entering into a Landfill Gas Sales Agreement and Ground Lease authorizing Was.te Management Inc. of Florida to design, permit, construct operate and maintain a Landfill Gas-to-Energy Facility at the Collier County Landfill; (b) amending the Countys Landfill Operation Agreement with Waste Management, Inc. of Florida; (c) approving the Facility through the Site Development Plan process; (d) directing the Division Administrator from Community Development and Environmental Services to expedite the permit and review process, and (e) authorizing the Chairman of the Board to execute the Agreement and the Amendment to the Landfill Operating Agreement. (Dan Rodriguez, Solid Waste Director) M. Recommendation for the Board ot County Commissioners to approve the award of Bid #08-5136 to the lowest qualified and responsive bidder Quality Enterprises USA, Inc., for the construction contract of the 951 Boat Ramp Parking Lot Expansion Project #80071. ($1,393,279.65) (Marla Ramsey, Public Services Administrator) N. Recommend approval by the Board of County Commissioners to award Bid #09-5148 to Subaqueous Services, LLC in the total amount of $1,755,096 for 2008 Dredging of Doctors and Wiggins Passes. (Marla Ramsey, Public Services Administrator) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY A. For the Collier County Community Redevelopment Agency Board to give direction to the Bayshore Gateway Triangle CRA Executive Director concerning three proposed purchase contracts for multiple real estate parcels within the Bayshore Drive and Gateway Triangle portions of the CRA area. (David Jackson, Executive Director, Bayshore Gateway Triangle CRA) 5 of 15 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. Recommendation to direct Engineering Review Staff to issue Commercial Excavation Permit Number 60.010, AR 11983, to Barron Collier Partnership, L.L.L.P. for the project called South Grove Lake. The project consists of 158.68 acres, more or less, sitting in Sections 17 and 18 of Township 48, South, Range 29 East, Collier County, Florida, more particularly sitting on the north side of Oilwell Road about two miles east of Oil Well Grade and west of the entrance road to Ave Maria. 2. Recommendation that the Board of County Commissioners (Board) Adopt a resolution to adjust the regulatory assessment fee from two percent to three percent of gross revenues for nonexempt privately owned water and wastewater utilities subject to local regulation, as well as all other water and wastewater utilities bound by Interlocal agreement, effective March 1, 2009, as approved by the Board of County Commissioners in the fiscal year 2009 budget and as approved by the Collier County Water and Wastewater Authority. 3. Recommendation to grant final approval of the roadway (public) and drainage improvements for the final plat of Arrowhead Reserve at Lake Trafford Phase One with the roadway being maintained by the County and the drainage improvements being privately maintained. 4. To accept final and unconditional conveyance of the water utility facility for Tall Oaks, Phase 3. 5. Recommendation to approve final acceptance of the water utility facility for Veterans Memorial Boulevard, Section 7 - Phase 2. 6. Recommendation to approve final acceptance of the water utility facility for Veterans Memorial Boulevard, Section 7 and 12. 7. Recommendation to approve final acceptance of the water utility facility for Edison College. 8. To accept final and unconditional conveyance of the water utility facility for North Collier Hospital Expansion. 9. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terranova at Pelican Marsh Unit One with the roadway and drainage improvements being privately maintained. 10. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terrabella at Pelican Marsh Unit One with the roadway and drainage improvements being privately maintained. 11. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Terrabella at Pelican Marsh Unit Two with the roadway and drainage improvements being privately maintained. 12. Recommendation that the Board of County Commissioners approve an impact fee reimbursement requested by Cheffy Passidomo Wilson & Johnson, LLP on behalf of the Weakley Family Properties, LLC, totaling $249,107.61, due to the cancellation offour building permits. 6 of 15 13. 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 acknowledge those Lots along Ravenna Avenue, as shown on the attached Exhibits, as legal, non-conforming Lots of Record. 14. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Trail Ridge with the roadway and drainage improvements being privately maintained. 15. 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 Amerimed Center, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16. Recommendation that Board of County Commissioners approves Option 3 and takes no action on Public Petitioner's request to change allowable uses in the Randall Boulevard Commercial Subdistrict within the Golden Gate Area Master Plan and the Mir Mar PUD. B. TRANSPORTATION SERVICES 1. Recommendation that the Board of County Commissioners approve a Budget Amendment recognizing an additional $404,634.00 in State Public Transit Block Grant funding for Fiscal Year 2008/2009. 2. Recommendation to approve the purchase of four (4) paratransit vehicles utilizing the FY08-09 Federal Transit Administration Section 5310 Grant award. ($31,080) 3. Recommendation to approve a Resolution to reduce the speed limit on Oakes Boulevard between Vanderbilt Beach Road and Immokalee Road from the current speed limit of forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH). 4. Recommendation to approve a Resolution to reduce the speed limit on Coconut Unit 3 residential roadway network (Burton Road, Esther Street, Bonnie Street, Lorraine Avenue, Kathy Avenue and Gale Boulevard) from the current speed limit of thirty miles per hour (30 MPH) to twenty-five miles per hour (25 MPH). 5. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5310 grant application, and to accept the grant if awarded. 6. Recommendation to approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute the attached Federal Transit Administration Section 5311 grant application and applicable documents. 7. Recommendation to approve and execute Medicaid Contract Amendment Number 8 between Collier County and the Florida Commission for the Transportation Disadvantaged for a funding increase in the amount of $41,920.00 for the provision of transportation for qualified Medicaid recipients. 8. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue for the Congestion Management, TIS Review, PUD MonitoringlTraffic Counts PIL, and PUD MonitoringlFair Share Projects within the Transportation Supported Gas Tax Fund (313) in the amount of $630,271.32. 9. Recommendation to approve the purchase of one (1) paratransit vehicle utilizing the FY08-09 Shirley Conroy Rural Area Capital Assistance Support Grant award. ($59,400) 7 of 15 10. Recommendation that the Board of County Commissioners (BCC) approve the Northeast Collier County Trail Feasibility Study Final Report. Due to the size of the Final Report, Volumes 1 and 2, copies are available at the County Managers office. 11. Recommendation to approve the purchase of improved property Parcel No. 132FEE (Jerry L. Mitchell and Barbara Mitchell) required for the construction of the Vanderbilt Beach Road Extension project. Project No. 60168. (Fiscal Impact: $729,104) 12. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize carry forward in the amount of $3,583.99 and to recognize additional revenue for the Collier County Transportation Pathways Program in the amount of $23,550.08 for Project No. 690811 and direct staff to proceed with the design and construction phase of the proposed projects. 13. Recommendation to award Contract #08-5107 to Dyer, Riddle, Mills and Precourt, Inc., to prepare the Collier Metropolitan Planning Organizations 2035 Long-Range Transportation Plan Update with an estimated project cost of $505,159.00. (Fund 128, Cost Center 138334) C. PUBLIC UTILITIES 1. Recommendation to approve a budget amendment to appropriate funds in the amount of $61,760.60 to reimburse the Collier County School Board for the re-routing of the Lely High School Force Main associated with the SCWRF Reliability Improvements Project, 72508. 2. Recommendation to Award Bid Number 08-5123 for purchase of hauling and disposal of lime sludge services to Pro-Lime Corporation in the estimated amount of $150,000 annually. 3. Recommendation to Award Bid Number 09-5145 for purchase of cartridge filters for the North and South County Regional Water Treatment Plant to George S. Edwards, Company Incorporated in the estimated amount of $500,000. D. PUBLIC SERVICES 1. Recommend approval by the Board of County Commissioners of Use Agreement No. U-0344 between Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and Collier County. 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rolly St. Jour (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 155, Trail Ridge, East Naples. 3. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Natalie Conde (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 174, Trail Ridge, East Naples. 4. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Serge Mathurin and Michelene Mathurin (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 95, Liberty Landing, Immokalee. 5. Recommendation that the Board of County Commissioners approve the amount of $75,000 for FY09, FY10 and FY11 to Contract #08-5082, Sea Oat Planting for Collier County Coastal Zone Management. (Project 195-900441). 8 of 15 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Kenold Pierre and Marie Gertrude (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 40, Liberty Landing, Immokalee. 7. Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a Consent of Mortgagee thereby allowing Eden Gardens Apartments Limited Partnership (EGALP) to execute a grant of easement to Lee County Electric Cooperative (LCEC) for the Reserve at Eden Gardens. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Medelsonne Garraux and Rose G. Garraux Gerome (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 176, Trail Ridge, East Naples. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mayra Cardenas (Owner) for deferral of 100% of Collier County Impact fees for an owner-occupied affordable housing unit located at Lot 48, Liberty Landing, Immokalee. 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Christy Marie Fegueroa (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 49, Liberty Landing, Immokalee. 11. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Rebecca Antoine (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 29, Liberty Landing, Immokalee. 12. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Manus Louis and Juslene Louis (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 170, Trail Ridge, East Naples. 13. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Styve Desgrottes and Najah M. Desgrottes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 135, Trail Ridge, East Naples. 14. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Suzella Joseph (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 172, Trail Ridge, East Naples. 15. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Philomise Francois (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 45, Trail Ridge, East Naples. 16. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ketty Montoban (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 175, Trail Ridge, East Naples. 17. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Mario Diaz Lujan and Jael Avalos Perez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 171, Trail Ridge, East Naples. 9 of 15 18. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jean Baptiste Sergot Souverain and Marie Edith Souverain (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 38, Liberty Landing, Immokalee. 19. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Pabiliee Anofils (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 119, Liberty Landing, Immokalee. 20. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Frantz Desgrottes and Rolande Desgrottes (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 138, Trail Ridge, East Naples. 21. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Ignacio Zaragoza and Maria Zaragoza Benitez (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 52, Liberty Landing, Immokalee. 22. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Martha Luz Carrillo (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 108, Liberty Landing, Immokalee. 23. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Jose Santos Avellaneda and Marisol Mendoza (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 51, Liberty Landing, Immokalee. 24. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Marie G. Jorcelin (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 50, Liberty Landing, Immokalee. 25. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Francisco Vera and Maria Juana Vera (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, M ilagro Place, Immokalee. 26. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Therese St. Cyr (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 2, Milagro Place, Immokalee. 27. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Amalia Lubref and Mentorlis Lubref (Owners) for deferral of 100% of Collier County impact fees for an owner.occupied affordable housing unit located at Lot 7, Milagro Place, Immokalee. 28. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lucienne Larose (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 18, Milagro Place, Immokalee. 29. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, the annual Certification for Implementation of Regulatory Reform Activities by the State Housing Initiatives Partnership (SHIP) Program. 100f 15 30. Recommendation that the Board of County Commissioners recognize and approve the expenditure of Housing and Urban Development (HUD) funds in the amount of $84,375.00 for the Golden Gate Senior Meals Program which is administered by the Department of Housing and Human Services (HHS). This program is an expansion to an existing HHS program which provides nutritious meals to low-income seniors in Collier County. 31. Recommendation to approve and execute a Lease Agreement with Messiah Lutheran Church, Inc. of Golden Gate for space to accommodate the Housing and Human Services Senior Nutrition Program. 32. Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign an Agreement between Collier County and VI Ltd., Limited Partnership regarding professional services for Collier County beach amenities on Bluebill Avenue thereby ratifying and confirming all actions taken by Staff with the Developer in this matter. 33. Present to the Board of County Commissioners a summary of the Impact Fee Deferral Agreements recommended for approval in FY09, including the total number of Agreements approved, the total dollar amount deferred and the balance remaining for additional deferrals in FY09. 34. Recommendation that the Board of County Commissioners approve and authorize the Chairman to sign a subrecipient agreement providing for a Housing and Urban Development (HUD) grant to the Physician Led Access Network (PLAN) in the amount of $40,000 to provide medical referral services and prescription medications for low~income residents in Collier County. 35. Recommendation that the Board of County Commissioners to approve the award of Bid #08- 5134 to the lowest qualified and responsive bidder Williamson Brothers Marine Construction, Inc. for the construction contract of the Caxambas Boat Dock Project 80057. ($132,140.00) 36. Recommendation to accept a donation from the Collier County Veterans Council in the amount of $23,360.40 for the purchase of a vehicle for the Veterans Transportation Program. Approve Budget Amendments to recognize the donation and transfer the funds to the Veterans Transportation Program. Reference Agenda Item 5A, December 16, 2008. 37. Recommend that the Board of County Commissioners approve and authorize the Chairman to sign Change Order #1 to Work Order C3TS-FT-4153-08-02 for design consultant C3TS for the Manatee Park design in the amount of $50,000.00 on a time & material, not-to-exceed basis to provide the Site Development Plan and the required SFWM D permits. The net contractual value of services will total $243,950.00. 38. Request Board of County Commissioners approval of International CitylCounty Management Association (ICMA) Public Library Innovation Grant, in the amount of $53,770, and authorization for the Chairman to sign the application. 39. Recommendation for the Board of County Commissioners to approve the budget amendment and authorize the Chairman to sign a grant agreement with the United States Department of Housing and Urban Development for Economic Development Initiative (EDI) funds in the amount of $147,000 for improvements to South Park in Immokalee. E. ADMINISTRATIVE SERVICES 1. Recommendation to approve an Agreement for Sale and Purchase with Alan Tucker for 10 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $35,500. 2. Recommendation to approve an Agreement for Sale and Purchase with Norma Depestre-Coba for 4.54 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $72,800. 11 of 15 3. Recommendation to approve an Agreement for Sale and Purchase with Alina Gonzalez for 2.50 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,300. 4. Recommendation to approve an Agreement for Sale and Purchase with Harold Mir for 2.50 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $40,300. 5. Recommendation to approve an Agreement for Sale and Purchase with Manuel Palacios and Aida Jauregui for 4.93 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $79,100. 6. Recommendation to approve an Agreement for Sale and Purchase with Richard F. Berman, as to 50%, and Frank J. Celsnak and Marlene J. Celsnak, as Trustees utD/T (or utA) dated December 27, 1991, as to 50%, all as tenants in common, for 1.14 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $19,300. 7. Recommendation to approve an Agreement for Sale and Purchase with Ronald Jack Bortnick and Sherry K. Bortnick, also known as Sherrie K. Bortnick, for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. 8. Recommendation to approve an Agreement for Sale and Purchase with Charles A. Darby and Charlotte T. Darby, Trustees of the Darby Revocable Trust, U/T/D November 7,1997, for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. 9. Recommendation to approve an Agreement for Sale and Purchase with Ola Phillips Griffin, also known as Ola Mae Griffin for 5 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $13,100. 10. Recommendation to approve an Agreement for Sale and Purchase with Bernard D. Schaab for 2.5 acres under the Conservation Collier land Acquisition Program, at a cost not to exceed $6,900. 11. Recommendation that the Board of County Commissioners approve an Agreement to provide a maximum expenditure of $47,115 from the GAC Land Trust to the Golden Gate Fire Control and Rescue District for the purchase of Fire Shelters and Radio Equipment. 12. The purpose of this Executive Summary is to gain Board approval of a long-standing staff practice of soliciting donations for a seasonal, charitable program, which practice includes the use of the County's e-mail system and soliciting cash donations from fellow County employees. Should the Board not grant its approval, the employees would be left to continue whatever charitable work they wish to engage in outside of County Government. 13. Recommendation to the Board of County Commissioners to approve Change Order Number 1 to Contract No. 08-5073 with RWA, Inc. for the Immokalee Master Plan and Related Services and approve $165,500 Budget Amendment as sufficient appropriation to fund a Public Realm Plan in the Scope of Services. This item is a companion item to 16G1. 14. Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Matt Hudson for use of County-owned office space for an initial two year term at a total revenue of $20. 15. Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative David Rivera for use of County-owned office space for an initial two year term at a total revenue of $20. 16. Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Representative Tom Grady for use of County-owned office space for an initial two year term at a total revenue of $20. 17. Recommendation for the Board of County Commissioners to adopt a Resolution and approve a Lease Agreement with State Senator Garrett Richter for use of County-owned office space for an initial four year term at a total revenue of $40. 12 of 15 18. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. F. COUNTY MANAGER 1. Approve budget amendments. 2. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve a Certificate of Public Convenience and Necessity for the Collier County Emergency Medical Services Department. 3. Recommendation to accept payment for principal balances for ground and air Emergency Medical Services charges in the amount of $7,054.20 and to waive the interest due for these transports in the amount of $1,607.17. 4. Recommendation to authorize Budget Amendments for the Conservation Collier Land Maintenance Fund (174) and Debt Service Fund (272) to insure adequate cash balance for the January 1, 2009 debt service payment. 5. Recommendation to approve a Memorandum of Understanding amending and revising the Year 2006-2009 Collective Bargaining Agreement with the Southwest Florida Professional Firefighters Local 1826 International Association of Firefighters, Inc. 6. Recommendation that the Board of County Commissioners adopt a Resolution in support of the tourism industry position on drilling for natural gas and oil off the shoreline of Florida. 7. Recommendation for the Board of County Commissioners to approve and authorize the Chairman to sign Change Order #2 for Miles Media Group Contract # 06-4037 in the amount of $22,878.00 which includes a Staff authorized expense of $7,964.00 for the 2008 Visitor Guide. 8. Recommendation to approve contract for RFP 08.5081 with Public Financial Management, Inc., for Financial Advisory Services. 9. To obtain approval from the Board of County Commissioners to authorize a second offering of the Voluntary Separation Incentive Program, empower the County Manager to implement this program, and authorize the Chairman to sign the enabling Resolution in an effort to assist the County Managers Agency in meeting its financial goals. G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation to the Community Redevelopment Agency to approve Change Order No.1 to Contract No. 08.5073 with RWA, Inc. for the Immokalee Master Plan and Related Services and approve a $165,500 Budget Amendment sufficient appropriation to fund a Public Realm Plan in the Scope of Services. This item is a companion item to 16E13. 2. Recommendation that the Collier County Board of County Commissioners accept additional funds from the Florida Department of Transportation in the amount of $3,763 and provide a fifty percent (50%) match in the amount of $3,763 for a total Budget Amendment of $7,526 for design, permitting, bidding and construction oversight for the apron and parking lot expansion at the Marco Island Executive Airport. 3. Recommendation that the Collier County Community Redevelopment Agency Board (CRAB) adopt a Resolution establishing a performance evaluation process for the CRA Executive Directors. 13 of 15 H. BOARD OF COUNTY COMMISSIONERS 1. Proclamation recognizing Irv Berzon for his services to Collier County. 2. Commissioner Fiala requests Board approval for reimbursement regarding attendance at a function serving a Valid Public Purpose. Attended the ENCA Luncheon on November 20, 2008 at Carrabba's on East 41 in Naples, FL. $21.00 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 ENCA Luncheon on September 18, 2008 at Carrabba's on East 41 in Naples, FL. $21.00 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 Friends of the Library Sock Hop Dance on December 12, 2008 at South Regional Library in Naples, FL. $10.00 to be paid from Commissioner Fiala's travel budget. 5. Commissioner Henning requests Board approval for reimbursement to attend an event serving a valid public purpose. Attended the Collier Citizen of the Year 2008 dinner on 11/21/08. $35.00 to be paid out of Commissioner Henning's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners designate the Sheriff and Sheriff Elect as the Official Applicant(s) and Points-of-Contact, accepters of the Grant when awarded, receive and expend Grant funds, and approve and submit applicable budget and program modifications for a United States Department of Homeland Security Fiscal Year 2009 Operations Stonegarden Grant. 2. Recommendation that the Board of County Commissioners Approve and authorize the Chairman to sign an Agreement authorizing the Collier County Sheriffs Office to have Traffic Control Jurisdiction over Private Roads within the VeronaWalk Subdivision. 3. Request that the Board of County Commissioners accepts and approves capital asset disposition records for time period October 1, 2007 through September 30, 2008. 4. Recommendation that the Board of County Commissioners accept the report of Interest for the fiscal year ending September 30, 2008 pursuant to the Florida Statute 218.78 and Purchasing Policy XIE. For the fiscal year ending September 30, 2008 no interest was paid. 5. To obtain Board approval for disbursements for the period of November 22, 2008 through November 28, 2008 and for submission into the official records of the Board. 6. To obtain Board approval for disbursements for the period of November 29, 2008 through December 05, 2008 and for submission into the official records of the Board. K. COUNTY ATTORNEY 1. Recommendation to authorize an Offer of Judgment for Parcel 115FEE by Collier County to property owner Norma Farmilo, Individually and as Trustee, in the lawsuit styled CC v. Robbie L. Rayburn, et al., Case No. 07-4268-CA (Santa Barbara Boulevard Extension Project No. 60091) (Fiscal Impact: If accepted, $48,038.00). 14 of 15 2. Recommendation to Authorize the County Attorney to File a Lawsuit on Behalf of the Collier County Board of County Commissioners, Against Josefa De La Rosa in County Court in and for Collier County, Florida, to Recover Damages in the Amount of $6,019.50. 3. Recommendation to approve a Stipulated Final Judgment in the amount of $26,000.00 for Parcel 164RDUE in the lawsuit styled Collier County v. John Goddard, et aI., Case No. 07-3111-CA (Oil Well Road Project 60044). (Fiscal Impact $12,870.00) 4. Recommendation to approve a Stipulated Final Judgment in the amount of $39,000.00 for Parcel 184RDUE in the lawsuit styled Collier County v. Helmut Hittinger and Lynda Hittinger, as Co- Trustees ofthe Helmut Hittinger Revocable Trust dated April 29, 1991, et al., Case No. 07-3898- CA (Oil Well Road Project No. 60044). (Fiscal Impact $27,800.00) 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve Petition AVESMT-2007-AR-12316, 1999 Gordon River Lane, to disclaim, renounce and vacate the Countys and the Publics interest in a that portion of a 25-foot wide drainage easement along the rear of Lot 1, 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 also shown on Exhibit A. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. CU-2007-AR-12619, K.O.V.A.C Enterprises, LLC, represented by Tim Hancock, AICP, of Davidson Engineering, is requesting a Conditional Use for a refuse system in the Industrial (I) zoning district. The +1- 3.73-acre subject property is located at 1995 Elsa Street, Section 11, Township 49 South, Range 25 East, Collier County, Florida. CTS C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2008-AR-13494, Kite Kings Lake, LLC, represented by D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., is requesting a PUD Amendment to modify the permitted commercial uses within the Kings Lake PUD (Ordinance No. 82-52); The subject property is located at 4890 Davis Boulevard, in Section 7, Township 50 South, Range 26 East, Collier County, Florida.CTS D. Recommendation to adopt a resolution approving amendments (appropriating carry forward, transfers and supplemental revenue) to the Fiscal Year 2008-09 Adopted Budget. E. Recommendation that the Board of County Commissioners enact an Ordinance amending Ordinance No. 87.55, as amended, Imperial Golf Estates, Phase V. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 252-8383. 15 of 15